CC Minutes 2000 06 26CHANHASSEN CITY COUNCIL
REGULAR MEETING
JUNE 26, 2000
Mayor Mancino called the meeting to order at 6:30 p.m.
COUNCIL MEMBERS PRESENT: Mayor Mancino, Councilman Senn, Councilman Labatt,
Councilwoman Jansen, and Councilman Engel
STAFF PRESENT: Scott Botcher, Roger Knutson, Cindy Kirchoff, Sharmin A1-Jaff, and Teresa
Burgess
APPROVAL OF AGENDA: Councilman Senn moved, Councilwoman Jansen seconded to approve the
agenda with the following amendments: Deleting items 1(1), Approval of City Manager's Merit Pay
Adjustment; 6. Consider an Amendment to the City Code Allowing Petting Farms as an Interim Use in the
A2, Agricultural Estate District; and Request for an Interim Use Permit to Operate a Petting Farm in the
A2 District, 7461 Hazeltine Boulevard, Susan McAllister; and 8. City Code Amendment Concerning the
Discharge of Firearms in the City. All voted in favor and the motion carried unanimously.
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman Senn moved, Councilman Engel seconded to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
Resolution/12000-44: Accept Storm Drainage Improvements in the Southwest Tech Center,
Project 99-17.
Approve Consultant Agreement for Preparation of Plans & Specifications and Construction
Inspection for Crestview Circle Improvement, Project No. 00-05.
c. Approve Environmental Excellence Award Program.
d. Approval of Bills.
Approval of Minutes:
- City Council Minutes dated June 12, 2000
- City Council Work Session Minutes dated June 12, 2000
Receive Commission Minutes:
- Planning Commission Minutes dated June 6, 2000
g. Approval of City Code Amendment to Chapter 5 Concerning Private Kennels.
Resolution/12000-45: Approve Resolution Prohibiting Parking Along Both Side of Lake Street
West Between Powers Boulevard and Audubon Road.
Resolution/12000-46: Approve Resolution Limiting Parking on Santa Vera Drive between
Chippewa Trail and Laredo Drive.
City Council Meeting - June 26, 2000
Resolution #2000-47: Approve Resolution for Sprinkling Restrictions from August 15 through
October 31, 2000
k. Final Plat Approval, Bluff Creek Addition.
All voted in favor and the motion carried unanimously.
VISITOR PRESENTATIONS:
Mike Ryan: Thank you Mayor Mancino and as the rule goes, my name is Mike Ryan, 2595 Southern
Court. Good evening Mayor and council members. First I'm here in follow-up to my previous visitor
presentation and out of that I thank the Mayor for responding to my open letter regarding her objectives and
her position on the task force of the Metropolitan Mayors Regional Housing Task Force. My purpose of
my letter several weeks ago and for being here this evening is two fold, and it's still to understand Mayor
Mancino's objectives and positions in going forward and working with the Met Council Task Force. And
two, to emphasize the need for accountability in our government. Mayor Mancino, I thank you for
clarifying in your response letter that you state at this time that you cannot take a position because you did
not know what the Met Council staff members may propose to the group. So it appears that from my point
of view, that this is a Met Council driven agenda and you're looking for their direction. I'm aware this
week that you did have a, the task force did have a second meeting and we look forward to learning of your
direction. And I kind request again, I have to ask this from you Mayor Mancino because I'm not getting
cooperation from the Met Council. I've asked, and again today, to get copies on the agendas and minute
notes. So if I could get your help with that I would appreciate it.
Mayor Mancino: Sure.
Mike Ryan: My objective is to gain information and to understand the task force objectives and how this
will affect Chanhassen. The Met Council administrative assistant today acknowledged that the Met
Council is frustrated with the scattered approach and compliance that cities are taking to the Met Council
initiatives and they are looking to put teeth into cities compliance. And to put teeth was her words, not
mine. So I ask that our Chanhassen council members would take note that, about this task force approach
and I do believe this task force approach short circuits our local governing process and minimizes your
roles and elected officials to determine what is best for Chanhassen. It appears Mayor Mancino may be
seeding control of housing development to the Met Council for the city of Chanhassen. And Mayor
Mancino, as one of 16 housing task force members you will potentially wield considerable financial and
political legislative impact. It will be important to keep your community and fellow council members
informed of the city's services impact, the developmental impact and the tax base impact with your
recommendations. Chanhassen has a lot of open spaces and is a prime city for the Met Council to push
their agenda. Chanhassen resident property values and tax base have the potential to be negatively
impacted by the direction of you and these 15 metro mayors and the Met Council staff recommendations.
As I've tried to learn the system of governance between the Met Council and the cities, I learned there is no
formal system between the Met Council and the local affordable housing city issues. This should be of
concern to all of us. For example, I spoke to an individual at the Met Council regarding processes and
procedures when working with cities on such projects. I asked if there is anything in writing regarding how
they work with the cities and he told there are no formal procedures and there is nothing in writing to
provide to me. I find this amazing and I find it disturbing since the Met Council is taking an activist and a
proactive role in charting our development for emerging cities such as Chanhassen. There is a huge void of
City Council Meeting - June 26, 2000
information that gives the appearance that we as citizens will be informed when we need to know. There is
an essentially need for oversight since there are millions of dollars flowing into this affordable housing pot.
And pile. Since the Met Council does not have a policy guideline on working with the cities it is trying to
influence, my question to the council and to the city, does Chanhassen have a formal process and procedure
of guidelines and open disclosure, documentation when city staff and/or elected officials work with the Met
Council? And if not, tonight I'd like to propose to the city that we put in guidelines and open disclosure
procedures. The Met Council has a huge financial clout and influence on the city's future and now with
this task force it potentially has even more. And the citizens need to have the opportunity to know what
and how the Met Council are possibly influencing city staff and our elected officials. In addition, I propose
to you Mayor Mancino as a task force member to request the formation of a formal procedures and
guidelines from and for the Met Council to follow that respects our local city governance. And if
Chanhassen does not have a procedure, I propose the city of Chan take a proactive role to put one in place
that informs the public when city staff and elected officials are working on Met Council related activities
before they have to become before the City Council. This will allow the Chanhassen residents the
opportunity to be informed and to ensure trust in our local working government. I want to be clear, I am
for housing development in Chanhassen. I believe there is a need to facilitate housing but I believe it needs
to be fair and in an above board fashion on a local level, not by people in St. Paul and not by 16 mayors.
My purpose in this whole exercise is to establish accountability and to understand the processes. I can tell
you first hand, based on my discussions with the Met Council, there is little forth rightness on information
flow. Therefore low accountability. Since the Met Council does not have a process and as this met staffer
freely admitted, they overstep their influence in cities before the citizens can participate in the processes.
His words were, this happens sometimes and it shouldn't. This is unacceptable and there's little recourse,
therefore we should practice good governance and safeguard our city with policies that the Met Council and
our paid servants should follow. We also need accountability on a local level for good governance and this
starts with our elected officials. The conflict of interest accountability is essentially to good government
and I have with me a signed letter and a letter of representation from 4 of the members and I believe
Councilman Mark Engel's is missing and I see that Councilman Senn and Mayor Mancino have omitted
that they have not acknowledged with a check mark and this may be an open mistake or error and I'm sure
that that is in fact the case but they have, it's a check mark that they have read or are adhering to strict
conflict of interest guidelines. And Mr. Senn even took the time to demonstrate his meaning of
accountability to write to the best of my knowledge on the document but did not check that he had in fact
read the document. But forgive me Mr. Senn, you either know or you don't know when you are in conflict
of interest as a public official. So please take the time to correct and make this a legal and binding
document as directed to Councilman Engel, Senn and Mayor Mancino. And I believe Councilman Labatt
and Councilwoman Jansen should be applauded for their compliance. So in summary, accountability and
respect of the processes is important for Chanhassen to lead Chanhassen. I hope you'll put up a vote to
institute the Met Council and Chanhassen procedures that I proposed this evening and to correct the letter
of representation documents that I have before you. Finally I hope the Mayor keeps the council and your
constituents informed of the task force mandates the Met Council will potentially enforce on our city. So
thank you.
Mayor Mancino: Thank you. Okay moving forward.
Councilwoman Jansen: Thank you.
Mayor Mancino: Anyone else under visitor presentation? Okay. Excuse me just for a minute. Is anyone
here tonight about the sprinkler ban restrictions or anything? That's already been passed. That resolution
was passed under the consent agenda.
City Council Meeting - June 26, 2000
LAW ENFORCEMENT UPDATE: UPDATE REPORT FROM SGT. DAVE POTTS, CARVER
COUNTY SHERIFF'S DEPARTMENT AND JOHN WOLFF, CHANHASSEN FIRE
DEPARTMENT.
Sgt. Dave Potts: Good evening Mayor, Council. I'm just going to pass out something to each of you that
I'll refer to.
Beth Hoiseth: While he's doing that I'll go ahead and give you my update here this evening and let you
know what's going on with National Night Out. As I had mentioned last time I was here, we are
participating in the National Night Out in Chanhassen for the first time and the schedule. The event is
scheduled for August 1st and the purpose of National Night Out is to create an awareness and helping with
Crime Prevention. It's a good way to encourage the local Neighborhood Watch and that type of
involvement and it's also there to build relationships between law enforcement and the community. And in
Chanhassen, as I said, it's our first year. Throughout the nation there will be several events going on.
Different activities and we're going to go the traditional route and that is we're going to have officers
visiting the various neighborhoods that have agreed to participate. Right now we have 12 neighborhoods
signed up. I'm sure that list will increase between now and August 1st. And what will take place between
6:30 and 9:30, officers will be assigned to certain neighborhoods to visit and they'll spend about 15-20
minutes visiting with the neighborhoods. Answering questions. Talk about National Night Out and the
Neighborhood Watch Program and probably updating them on any crime trends that we have. We really
don't have any right now. But anyway, I was just going to give an update of what's going on in the city.
And of course they're there to give handouts to the kids, you know sticker badges, that type of thing. And
it's really a great opportunity for residents to meet up with their local law enforcement officers and give
them an opportunity to interact with in a positive manner. And this started out with this process, I started
out with just inviting Neighborhood Watch groups but we've extended it to any neighborhood in
Chanhassen that wants to participate. So we'll see again, 12 so far have signed up. That's a really good
start and I'll just be sure to come back and report after the event to let you know how it went.
Mayor Mancino: Thank you very much.
Sgt. Dave Potts: I'm referring to my June memo to the Council. The Sheriff's area call report and area
citation report...
Councilwoman Jansen: I had one question actually. On the traffic stops. It looks like that went up about
50% or so. Is that part of Project Leadfoot showing up in that already?
Sgt. Dave Potts: No, that's probably more due to spring and summer. Traffic increases. A lot of that
was, there were more traffic citations during that period of time and our officers, if they're able to find the
time to write notes on there, there were several tickets on Bluff Creek Road and a few over on
Minnewashta Parkway that were like in addition to your typical ones. A couple of the officers found some
time and sat on those particular roads. A couple roads that they know just from history and.., find some
violators out there but not specifically part of the project but for those...
Councilwoman Jansen: Okay. So where it does show traffic stops, is that an actual citation or could some
of those be warnings?
City Council Meeting - June 26, 2000
Sgt. Dave Potts: That's a traffic stop that an officers calls in on the radio to dispatch. A citation may or
may not have been issued. On the other side of that coin, officers may make traffic stops without calling in
to dispatch and then a number is generated and that would show up in that...
Councilwoman Jansen: Okay, thank you.
Sgt. Dave Potts: Since you touched on Project Leadfoot. Try to give you a little update on that. The
things that I passed out, the official Project Leadfoot brochure that we had made up and I think they turned
out pretty well so just gave that to you as a little piece of reading material. The other copy item that I
handed out was a 24 hour assessment we did with the city's new traffic counters over on Pleasant View
Road area by...and I just gave that to you. On the third page of that, at the bottom it kind of puts the
numbers into kind of overall analysis. It shows you what the average and the median speeds were and what
the 85th percentile speed was. That's the, that 85th percentile is one of those pieces the State uses when
they're trying to determine appropriate speed limits on different roads and what not. That's why some of
those numbers are in there. And those particular printouts are in 15 minute increment and all the people
within the various speed categories. 5 mph in each category. And that's just one report that's been
generated by the software that comes along with these traffic counters so just kind of demonstrates for you
the versatility of these new devices that the city has purchased.
Mayor Mancino: It's a lot of detail.
Sgt. Dave Potts: Yeah you can get quite a bit. You can also, it will classify vehicles. The computer
knows that a school bus, the axles are X distance apart. A dump truck they're this far apart and so on and
so on so it can also break it down into what types of vehicles travel through that area.
Mayor Mancino: Sgt. Potts, one of the things that surprised me on some of these speeds were how fast
people are going. Like 52 in a 35. 50 in a 30. I think that's what 49 and a 39, 71 in a 55. I mean where it
seems to be, I'm not sure it's half or not but quite a few of them are way over 10 mph faster than the poster
speed.
Sgt. Dave Potts: Yes. That's not unusual. You probably have heard you know, and I don't like to quote it
too often because it's on a case by case basis but there's this general rule of thumb of people are given 10
miles over a posted limit before they start to worry about getting a citation. And that's probably fairly
common throughout law enforcement but again it's a case by case basis. If we're looking at sharp curves,
snow, rain, you know all those things are taken into consideration but there are far and away enough people
out there well over 10 miles over the limit for us to put our efforts towards so that's what you'll see a lot is
the tickets that are that many miles over the limit is not uncommon, especially now that we're into summer.
The traffic and speeds do pick up.
Beth Hoiseth: And do the complaints.
Mayor Mancino: Okay, thank you.
Sgt. Dave Potts: There's a couple of pieces from Project Leadfoot. One other note I made here was, I was
going to let you know a piece that we're looking at is yard signs. Some other programs that we're aware
of. Yard signs was a piece of their program where citizens are allowed to purchase a sign that has some
kind of a positive statement on it. One of the wordings that we're looking at right now for our signs would
start out the top saying neighborhood area. Keep it slow. Keep it safe. Maybe a graphic of a parent with
City Council Meeting - June 26, 2000
a child. And please drive carefully down at the bottom or something like that. We're looking into prices
and this kind of thing and we'll be discussing with other city department staff about the issue of possible
sign pollution. We've gotten a lot of positive response talking to some of the citizen groups about these
yard signs and what we envision they would be used for is either within Project Leadfoot as one of the
alternative pieces of a traffic sign for the neighborhood. The citizens could put these out in their yards
along the street for a nice visual impact to the people passing through that area on a limited basis where
perhaps they would coordinate putting these signs out for a few days as a time. You know removing them
for a few weeks. Putting them back out to get that kind of ongoing visual impact without flooding the
entire city with signs for a long period of time. Try to keep it neat and clean and hopefully get the desired
effect so that's where we'll be discussing some of the issues of other city staff to hopefully keep control on
this type of thing.
Beth Hoiseth: And in talking with some people that have called citizens that have gone into neighborhoods
in other communities that have gone down a street with these signs, said it really does make an impact.
You find yourself immediately looking at your speedometer and then one of them even said I found myself
when I was there the next week, I found myself looking for the signs because they were gone. So it really,
you know it's hard to say but it sounds like it really does make an impact and that's why we're continuing
to research that possibility. And the residents have brought, some of them have brought that up to our
attention as well and we talked about this is something we're researching and we're getting a lot of positive
reaction from that. They feel like they can help, you know it's like they're taking ownership in the project
for the speeding problem and something that they can do. You know we obviously can't put a police
officer in every comer. It's something that they can do legally.
Sgt. Dave Potts: Specifically with probably on Pleasant View Road, this week I wasn't through there
today so I don't know if they got them today but the first part of this week the Project Leadfoot signs are
going to be installed on the east and the west end of the... Those are the signs that I showed the council
that are going to say traffic enforcement zone with the Project Leadfoot logo and Drive Safely down at the
bottom. That will be in conjunction with the citizens who live near the speed limit signs, using the orange
flags that attach onto the back of the signs that kind of hang down below the signs to attract people's
attention to the speed limit signs in that area. A citizen in that area had purchased four official speed limit
signs on his own and those were used to put additional signs along Pleasant View and one of the signs on
the west end was moved a little bit. To a different location to make it more visible. So some things are
starting to come together over on Pleasant View. The next piece of that was our citizen radar surveys
where some citizens get a little basic training in our use of the radar and log down the violator vehicles after
which we send out a nice little advisory letter to those violators by running a check of their license plate to
let them know that they were caught by a citizens group and police...that type of thing. That's been put on
hold temporarily. I'm meeting with the County Attorney's office tomorrow to look at any possible liability
concerns or what not with having citizens take on that kind of activity but.., and do that. If not, the very
next step would be one that we would just kind of jump ahead to and that's where we start dedicating some
of our officers time and put it towards.., increase visibility and of course increase tickets in that area. The
citizens have given us a list of addresses where officers will be allowed to park at the end of their driveways
since Pleasant View is a difficult area for our officers to find a good place to park so we've kind of been,
again that's what Project Leadfoot is all about is working kind of hand in hand with the neighbors and
things are starting to happen over there. Some recent activities of interest I wanted to update the council
on. The drowning of a couple weeks ago. The medical examiners office has advised us that the person
who died had no evidence of drugs or alcohol on board. However they did apparently have a heart murmur
or some type of heart condition that may have contributed to that person drowning. But otherwise we have
no indication of foul play. It appears to be an accident in the course of these kids out swimming. You
City Council Meeting - June 26, 2000
heard about the fight that happened over at the Chanhassen Cinema between various groups of young
people. I don't have a lot to tell you about that other than what you may have already heard where a tire
iron was brought out. A couple of people were injured that way. A vehicle was circling a group and struck
one of the pedestrians in the parking lot. A person was injured that way and that investigation is still
ongoing. Still trying to pin down, there's a whole lot of details because there's so many kids and various
stories and what not involved in that. We don't have a conclusion to report on that one yet. Had a male
that did some pretty good damage over at the Minnewashta Park. Went and did a little four wheeling over
there. Fortunately got stuck and the rest is history as they say. Charged out and hopefully restitution for
that. Mailbox vandalisms as I mentioned in the past have been a frequent thing. Had an anonymous tip on
some kids involved in that activity. Mostly in Hennepin County but it spilled over into western Chanhassen
and those kids were caught and will be charged in Hennepin County. Just very recently now we have had a
few business burglaries. An attempt over at the Minnetonka Middle School. Apparently it's an attempt
through the roof which does not appear to have been successful. Through the venting and what not of the
roof. The car wash over on 78th Street where I don't believe there was a loss. There was damage because
they tried to get into the safe and what not. I don't believe there was success there. The Sinclair station
had a smash... I believe they lost some cash. I know they lost some cigarettes. Probably the younger
generation. And a business that does some storage over near Galpin and 18 lost quite a bit in tools,
construction type business I guess is what it is. And those were just some real recent activities.
Mayor Mancino: And are those under investigation right now?
Sgt. Dave Potts: Yeah. Those are brand new. Any questions on other incidents of late? Okay. The last
thing that I would have then before the real last thing would be our missing person that we're currently
looking for. Kind of coordinate giving you some information on that with Chief John Wolff here in a
minute. As I started last month, we want to try to continue is bringing a couple deputies into, just bring
them in front of the council and put that name to a face. Brought a couple with me. You guys want to
come on up here. The officers that I brought with me tonight, first is Detective Roger Roarsh. I won't tell
you how many years he has with the department. Give away his youthful look. But Roger's obviously
been a patrol officer and he's worked investigations for many years. Was on the drug task force. He's a
pilot of both aircraft and helicopters.., and one of the original organizers of the department's SWAT team.
He was the SWAT team leader for many years. He's also an instructor in you name it but many things
within law enforcement specifically physical control tactics. And currently Roger is your main investigator
for the city of Chanhassen. He's the guy that we were able to find space for so we have an office for him
right here in City Hall and he spends a lot of his time working out of City Hall but also the office down in
Chaska. Always helping out. I dragged him away from the search over at Lake Ann to come over here and
do my little show and tell presentation. The other officer I have tonight is Kyle... He's been with the
Sheriff's office for 6 years. 3 years in the jail and 3 years on the patrol. Most recent assignment now is
with the Carver-Scott Cooperative Education Center down in Chaska and during the summer his time is
more freed up. He's also one of our training flight patrol officers so he's here in his flight patrol get up
today and you'll see him quite a bit in Chanhassen throughout the summer months because his time isn't
quite as dedicated to the coop. They still have activities throughout the summer as well but a good portion
of his time is freed up to share with other areas of the county and a specific need we have is Chanhassen
SO...
Mayor Mancino: Great. Thank you very much.
Councilwoman Jansen: Thank you for coming tonight.
City Council Meeting - June 26, 2000
Sgt. Dave Potts: The last thing that I have, and then John will be coming up next, is the missing person.
And John was out there for the first day and we spent about 7 hours on Saturday, and about 6 hours
yesterday. I'll let John to give maybe a little bit of the details. I just wanted to highlight some of the basics
of the situation where the lifeguard showed up for duty in the morning. Found some clothing and items
there. Called it in as being unusual. The officers that responded found clothing, wallet with identification.
This person's vehicle was also parked in one of the parking lots for Lake Ann Park there and started
leaning to the indications that this person perhaps went out for a swim at some point after closing the
previous night. Through further investigation we found that another swimmer in the lake had seen an
Hispanic male out on the diving raft. Had to swim around the diving raft... Saturday morning so that sort
of gave us an indication that this person who we didn't know what belonged to the clothing and the vehicle
was probably the same person out on the raft. And the same person that now nobody knows where they are
so the indication was, did they possibly drown? Did they get back to shore and walk off? It was really
unknown so a lot of different forces were called in to search the grounds throughout the park. Attempt to
make contacts with family and see if we could find anything out that way and of course a pretty extensive
water search began at that point. And I just wanted to name off some of the, besides the sheriff's office
forces, we had the fire and rescue personnel from of course Chanhassen, Chaska, Shakopee and Savage
assisting in this effort. State Patrol using their infrared equipment to try to see down into the water and on
the grounds of Lake Ann Park. Some other groups, a group called Emergency Support Services that has
different equipment and personnel. North Star Search and Rescue and... Search and Rescue Dog
Association had dogs out there assisting as well. Again both the grounds and the water were searched. All
that was conducted on Saturday and then again yesterday quite a bit until the rain set in. The person is
now officially listed as missing. We can't say for sure where this person might be but of course our efforts
have been focusing on Lake Ann at this point. John will give you some more detail on that.
John Wolff: Just a couple of details about the beach itself. The beach is closed. The Sheriff recommended
that the beach remain close until we can sort of eliminate the water or we actually get a body from the
water. The technology's that being used out there is sonar and also the scent dogs and they are cadaver
dogs. They can sense a very miniscule amount of fluid or whatever that would come off of a body that's
decaying. There has been some strong hits from the dogs. Lake Ann is a very, very weedy lake and it's a
very challenging lake to use the sonar equipment, but there are some applications that are so each day the
sonar operators have been out there. In fact today sonar operators from Hennepin County are currently
there right now and we have divers from Washington County. And from the Twin Cities metropolitan area
in terms of probably, they're probably the top two resources from a public safety or a public agency
perspective. Some of the other resources we used were private or non-profit organizations. So it's really a
scenario where, you really want to keep the beach closed because of the possibility that the area where
we're getting the strong indications is very close to the swimming area and we just wouldn't want an
innocent bystander to come across a body. So that's the recommendation that was made by the sheriff to
the city manager and the beach has been closed. It really has been closed since 10:30 Saturday morning
because of the operations that have been going on. There will be times though where there won't be
anybody at the beach because the conditions won't be good for sonar or canine detection so you may hear
from residents that you know why is the beach closed? What are they doing to proceed forward and so it's
going to be a daily activity but probably early in the morning or late at night or when the winds are really
down so we're hopeful that, typical scenarios are 3 to 5 days after the point that someone goes down, you
sometimes see the body surface naturally and that is the hope at this point. But there are situations where it
never happens and there are situations where it can happen 3 weeks, 4 weeks, or 5 weeks later. So there
are lots of things that play into this and we'll just try to keep the city's mayor and the council updated.
Mayor Mancino: Thank you.
City Council Meeting - June 26, 2000
Councilwoman Jansen: Excuse me. So you do have signs or ropes noting that it is closed off?
John Wolff: There are numerous signs and the lifeguards are staying on the beach during the day to
manage the beach because there are some access points like through the woods and so forth. It's roped off
and it is, there are signs up.
Councilwoman Jansen: Pretty obvious.
John Wolff: So we're hopeful that by the 4th of July weekend we'll have this incident behind us but the
possibility remains that it won't be.
Councilwoman Jansen: Tough situation.
John Wolff: The indication I had from the sheriff was that through Corporal Doug Schmithdy was in
charge of water patrol. They were going to attempt to come up with staffing for the beach on a 24 hour
basis right now...
Mayor Mancino: Oh good. That will be helpful. Thank you.
John Wolff: I have a very brief report. Are there any questions for the fire department?
Mayor Mancino: Any questions Steve?
Councilman Labatt: No.
Mayor Mancino: Anyone else? Mark? Mark?
John Wolff: Our staffing is at 100%. We are expecting three terminations. We've already had two this
year and these are just people basically transferring out of the area. We have one member that's retiring
after 15 years of service. From a budget perspective, we're pretty much on target. Where we expect to be.
We're at 33% of the total budget. On a year to date basis that's fairly normal because payroll gets charged
back in the first quarter to the prior year and payroll is a big driver of our budget. Calls are down 8%.
That's primarily driven by the new medical dispatching protocol we use where we have the sheriff play a
more primary role on some of the less severe medicals. That's had a positive impact with our payroll also.
And quite frankly membership moral because we're not getting a lot of nuisance calls. At this point when
our pagers go off it's usually a pretty serious incident. From an OSHA perspective, we have to do a
number of things on an annual basis and we've already got all of our OSHA compliance behind us, which
includes hose testing, ladder testing, our self contained breathing apparatus testing and our actual pump.
Pumps that are in our engines. We've tested those devices already this year. Training is continuing
forward. We're focusing a lot on just some basic skills. We have a relatively new work force. 60% of our
members have less than 3 years experience so we need to focus on a lot of the basics to keep our
competencies up. That's really all I have for you today. I was going to talk a little longer but we had a
pretty long presentation from law enforcement so if there are no further questions then.
Mayor Mancino: No, but when you said staffing is 100%, that's 43 full?
John Wolff: 45 actually.
City Council Meeting - June 26, 2000
Mayor Mancino: 45, okay.
John Wolff: Yes, and we are in the numbers are the people that we are going to be losing so we'll actually
be below, and we just added 5 June 5th. We had 12 applicants and 5 made it to the job offer point.
Mayor Mancino: Okay, thank you. Thank you John.
PUBLIC HEARING: REQUEST FOR ON-SALE BEER AND WINE LICENSE~ 951 WEST 78TM
STREET~ PERKINS RESTAURANT & BAKERY.
Mayor Mancino: Roger, do you want us to go ahead and we'll come back or?
Roger Knutson: I didn't know I was supposed to give the staff report but I'll wing it. The staff
recommends approval of the on-sale beer and wine license for Perkins Restaurant and Bakery at 951 West
78th Street contingent upon several items that are set forth in your report. Appropriate background
investigations have been made and everything appears satisfactory subject to anything that may come out at
the public hearing.
Mayor Mancino: Okay, thank you very much. This is open for a public hearing. Anyone wishing to
address the City Council during this public hearing? Okay. Seeing none, the public hearing is closed. Any
discussion from Council? Any questions? Then may I please have a motion?
Councilman Senn: Move approval.
Mayor Mancino: And a second please.
Councilwoman Jansen: Second.
Councilman Senn moved, Councilwoman Jansen seconded to approve the on-sale beer and wine
license for Perkins Restaurant and Bakery at 951 West 78th Street contingent upon the following
conditions:
30. Submittal of information necessary for a background investigation on the Operating Manager and
completion of a positive background report on this individual.
31. Submittal of information concerning the training program that will be provided to employees.
32. Submittal of a liquor liability insurance certificate that is effective until May 1,2001.
33. Payment of the $280 license fee.
All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to
1.
REQUEST FOR SITE PLAN REVIEW OF PHASES II, III AND IV OF THREE 3 LEVEL
APARTMENT BUILDINGS AND COMMUNITY BUILDING FOR A TOTAL OF 244
APARTMENTS; LOCATED AT THE SOUTHWEST CORNER OF POWERS BOULEVARD
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City Council Meeting - June 26, 2000
AND LAKE DRIVE WEST; POWERS RIDGE APARTMENT HOMES; LAKE SUSAN
PARTNERSHIP AND MILLER HANSON WESTERBECK BERGER, INC.
Sharmin A1-Jaff: Thank you. Brief background on this proposal. On March 13th of the year 2000 the City
Council approved the preliminary plat of a 21 acre parcel into 4 lots. Site plan review for Phase I, or also
known as Building A. 100 units. An amendment to the Lake Susan Hills Planned Unit Development
Contract to allow an impervious surface coverage of the site not to exceed 35%. On April 10, 2000 the
City Council approved the final plat for this subdivision. It replatted the 21 acres into one lot to house
Building A and one outlot. Site plan approval was granted for Phase I only because that was the only
building that had elevations submitted to the city. Since then the applicant has finalized the elevation plans
and submitted them so the applicant is requesting site plan approval to construct three apartment buildings,
244 units on Outlot A. Phase II consists of two buildings, B1 and B2. Those two buildings are connected
through underground garage. They contain 80 units. The community space or community rooms,
swimming pool, wading pool, picnic area, fountain will also be constructed as part of Phase II. Phase III is
Building C. This building is located parallel to Lake Drive West and contains 88 units. The fourth and
final phase is a 76 unit senior independent living. The development of each of those phases will be
contingent upon replatting the outlot into a lot and block. As I mentioned earlier, when the city reviewed
the first phase it also covered the overall plan or the master plan for all phases. This approved master plan
included landscaping, grading, drainage, hard surface coverage, sidewalks, buffering, utilities. One of the
conditions of approval for the master plan stated each phase of the development shall conform to the overall
master plan. The proposed plan will comply with all the conditions of approval. One minor change deals
with the decks on Building B facing southwest, and we have spoken to the applicant about these decks will
be changed into bay windows for privacy reasons. It's a straight forward site plan and it complies with the
overall master plan. Staff is recommending approval with conditions. The materials, if you remember
them from Phase I, and I will pass this bag around, have not changed. One request the Planning
Commission made was on Building C. They recommended the entrance into Building C, the brick be
extended into the third floor and it would help define an entrance into the building so the applicant has
made that change. A third condition that the Planning Commission brought up dealt with, was the parking
for the senior building. There are 12 parking spaces. This complex will have shared parking so we don't
foresee any issues with that. And again staff is recommending approval with conditions outlined in the
staff report. Thank you.
Mayor Mancino: Any questions for staff at this point?
Councilwoman Jansen: I had one, and I'm not sure if it's fair to ask staff or if you care to direct it to the
applicant. One of the changes that we had made the last time we reviewed this was of course the berm
back behind Building B. And we had extended that 25 to 30 feet to the west. I was just trying to compare
the two drawings. The one from 2-2 compared to the current one in the packet. Does it, it has been
changed so that it is longer and extends farther to the west?
Sharmin A1-Jaff: Yes it does.
Councilwoman Jansen: Okay. Not being an expert at reading these elevations, I wasn't positive but I
figured you probably discussed that and checked it.
Sharmin A1-Jaff: And we made the point 2. Insure that that berm was extended.
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City Council Meeting - June 26, 2000
Councilwoman Jansen: Okay. It did look like it was in fact even maybe taller than we had originally
talked about. Maybe 2 feet taller. Thank you. Appreciate that. That was my questions at this point.
Thank you.
Mayor Mancino: Any other questions for staff? Is the applicant here and would you like to make a
presentation?
Link Wilson: I'll try to be very brief. My name is Link Wilson. I was here before in the spring
representing the owner of the property. Basically I just wanted to go through just in general, and I don't
know if you can zoom in just on this drawing. In the spring basically what we tried to do was to make sure
that we had set up all relationships to the neighborhood that met your approval and also as Sharmin had
mentioned, making sure that grading, landscape, all elements of civil engineer complied with city engineer
and planning staff. At this point ostensibly what I saw our role was, for this phase, was to focus in not so
much on the relationships with the neighborhood because those had already been established. But to focus
in on what we had already promised the staff, commission, council and neighborhood that we would stay
true to form with the entries. This is an earlier sketch that you saw Building B, to stay true to form to
being able to screen all exterior utilities. To stay true to form with the community concept, community
building. The rock face masonry at the base of the building. The brick. The color of the siding. The
color of the roof. To maintain that not only on Building A, which we focused in as an example of in the
spring, but to also bring that same concept here again. Rock face block, brick, siding, shingle color, to all
the projects. So that's what was submitted to you perhaps in a little bit more simplified form. The
drawings were not as colorful but as you can see, we stay true to form with the concept. You can see here
what was submitted in the spring. That this is building entry B. Stay true to form. Wing walls on either
side of the entry and the vestibule. There were a couple of items, especially Deb Kind focused in on. Very
perceptive and a keen eye, as Sharmin had mentioned. Changing from a deck to a bay. There's also a
couple of comments about just a few doors. Making sure that they were in place. Those are shown in
color here. And again finally as Sharmin had mentioned, focusing in on Building C and just redesigning
that entry subsequent to the Planning Commission. So we did at every turn try to honor what the owner
had originally intended for the project and what we had agreed to on all the faCade of the building. If there
are any other questions that I can answer, I would be glad to do so at this time.
Mayor Mancino: Any other questions on architecture, etc? Mark, do you have any questions? Linda?
Councilwoman Jansen: I have one question. Since we're looking at the individual buildings now.
Actually the senior building specifically I had a couple questions in relation to whether or not that will be
more of a customized unit for the seniors. I believe there was a comment in the original hearings where all
of the units throughout the complex are standardized now and provide some of those senior services.
Link Wilson: That is true that all the units throughout the complex are instead of using the term handicap
accessible, they're handicap adaptable. That means that all spatial relationships within all of these units
are there so that if a disabled person moved into any unit, the spaces are such inside, kitchens and in
bathrooms so that grab bars can be installed and then that bathroom would be handicap accessible as
opposed to adaptable. However we did set aside in Building D, there is a little bit more counter space
because in most senior buildings they're there more. They need to have that space but from a unit plan
standpoint, those units are ostensibly the same in spatial relationships as the adjacent Building B.
Councilwoman Jansen: Okay. And I don't know if you received any communication from our senior
commission, because I know they were very involved on Centennial Hills. I believe they may have attended
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City Council Meeting - June 26, 2000
an open house and I wondered if they've given you some feedback as to maybe some of the issues that they
might like to have you address, if that was even possible.
Link Wilson: The only involvement really that we had with the seniors was at one of the meetings, and
generally it didn't have anything specific other than to state they felt that there was a significant need for
senior housing in the community. As far as the logistics of how the building would operate, we really did
not get any input at that time. However I would say just as part of our business, about 50% of what we do
are apartments that are geared towards seniors so we feel we do have a consciousness for what those needs
are.
Mayor Mancino: So you have had focus groups on what the needs are of the seniors and buildings, etc?
Link Wilson: But not in the Chanhassen area per se but I mean just to stay competitive in the marketplace
as professionals and we have to spend a lot of our time participating in senior organizations. And reading
the demographics.
Councilwoman Jansen: Okay. I know that they had had a presentation done with them at one point from
the SAIL program. I believe it's a county program. Where they can actually bring in assisted living
services to a senior building and without going into all of those details, would that be a concept that
possibly the building owner would be amicable to looking into?
Link Wilson: Sure. There are several different non-profit organizations in the metropolitan area that do
offer various services, and I do think when you just look at the demographics. We were talking about this,
and I don't want to take too much of your time but senior focus buildings need to be a priority. This year
the first baby boomers mm 55 years old. They're 10 years away from retirement age. The need for senior
housing is really high so we see a lot of hospital organizations gearing up for home health. And we also see
a lot of hospital organizations trying to respond to what those needs will be that also you know participate
with insurance levels but ways of cutting costs of health care so certain people in their own homes but the
most cost effective way to serve people from a health standpoint is when they're grouped together in a
congregate you know building such as Building D.
Councilwoman Jansen: So you do think that's a concept that we might be able to entertain?
Link Wilson: Yes. And I don't think that you'll have that much difficulty being able to serve people from
an agent place standpoint. At a later date putting in a commercial kitchen if need be or at least setting up a
satellite kitchen where meals can be brought in. You have an underground parking structure where a
service vehicle could drive right in. You know on a 30 below day, load right next to an elevator. All those
component pieces are there for you to be able to serve the aging place population. It's not only in Building
D but other parts of the campus as well.
Councilwoman Jansen: As far a the methodology with the phases, I'm just curious. Why the senior
building as it's designated would end up being the last to be constructed.
Link Wilson: Well I think that one of the things that happened with this project was right off the bat we
kind of locked ourselves in in discussing which buildings would go first. And so I think there's been a
hesitancy just one all of our part to go back and then change and say no, we're going to do Building D first
or, but we may see as time goes on, if the need is there, anything is possible. I think if the neighbors would
like in some ways that perhaps even Building B would be the senior building and I think if the
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City Council Meeting - June 26, 2000
demographics are right, that it could happen. As I said, the spatial relationships are all there for any of the
buildings to be more focused on seniors, and I think as time goes by, 30 years from now, a good portion of
those buildings will be occupied by seniors. I don't know if I'm answering your question or not.
Councilwoman Jansen: You are. Actually if the Building B's you're saying could be designated senior
instead of D, but then your parking. Does that affect your parking?
Link Wilson: Then we have way more parking than we'll ever need but that's a good thing.
Mayor Mancino: But aren't you also saying that's pretty much market driven.
Councilwoman Jansen: Yeah.
Link Wilson: Yeah.
Mayor Mancino: So it will be up to the market to maybe expand the senior units?
Link Wilson: And I think it's also market driven to provide services and force service providers out there
that you'll see growing.
Mayor Mancino: Well that's what I was wondering also when you Linda were talking about it. Bringing
assisted care into the facility, whether it's B or D. That again, that would be something that would
certainly be open to those that are in there renting. Maybe a group of seniors that will get together and ask
for that.
Link Wilson: But yeah, and really from our experience of right now I'm working on three different assisted
living facilities and two other on the way and the variation from the interior concept of these is, I mean it's
insignificant really. That with some very minimal remodeling at a later date that would be an insignificant
cost. I mean these buildings could change their functions to serve that population.
Councilwoman Jansen: Well it's interesting to know. Thank you. Appreciate it.
Link Wilson: You bet.
Mayor Mancino: May I please have a motion and a second?
Councilman Labatt: Motion to approve to the stipulations in the staff report, 1 through 26.
Mayor Mancino: A second please.
Councilman Engel: Second.
Councilman Labatt moved, Councilman Engel seconded that the City Council approve Site Plan #99-
19 SPR for the construction of phases II, III and IV of a three multi-family buildings (244 apartment
units) and a community space as shown on the plans dated Received May 17, 2000 and subject to the
following conditions:
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City Council Meeting - June 26, 2000
All areas disturbed as a result of construction activities shall be immediately restored with seed and
disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in
accordance with the City's Best Management Practice Handbook.
All utility improvements shall be constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates. Detailed construction plans and specifications shall be
submitted for staff review and City Council approval. The construction plans and specifications
will need to be submitted a minimum of three weeks prior to final consideration.
All driveway access points shall incorporate the City's Industrial Driveway Apron Detail Plate No.
5207.
The applicant shall provide detailed storm sewer calculations for 1 O-year and 100-year storm
events and provide ponding calculations for storm water quality/quantity ponds in accordance with
the City's Surface Water Management Plan for the City Engineer to review and approve. The
applicant shall provide detailed pre-developed and post-developed storm water calculations for
100-year storm events and normal water level and high water level calculations in existing basins,
created basin, and/or creeks. Individual storm sewer calculations between each catch basin
segment will also be required to determine if sufficient catch basins are being utilized. In addition,
water quality ponding design calculations shall be based on Walker's Pondnet model. Emergency
overflows from all storm water ponds and wetlands will also be required on the plans.
The applicant shall enter into a site plan agreement with the City and provide the necessary
financial security to guarantee compliance with the terms of site plan approval.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Watershed District, Minnesota Department of Health, and Minnesota Pollution control Agency and
comply with their conditions of approval.
No berming shall be permitted within the city's right of way. A 2% boulevard grade must be
maintained. Landscaping may be permitted subject to staff review and approval.
The utility improvements located within the main drive aisles and trunk storm drainage lines upon
completion shall become City maintained and owned. The individual sewer and water services
through each lot shall be privately owned and maintained. Building permits will be required from
the City's Building Department for the private utility portion of the project. Drainage and utility
easements shall be dedicated over the public utility lines located outside of the right-of-way on the
final plat. Depending on the depth of the utilities, the minimum drainage and utility easement
width shall be 20 feet wide. Consideration for access routes to the ponds for maintenance proposes
shall also be incorporated in the easement width.
The drive aisles shall be a minimum of 24 feet wide and 26 feet wide when adjacent to parking
stalls and built to 7-ton per axle weight pursuant to Ordinance 18-57 o-1 and 20-1101. Parking
lots shall be designed and constructed in accordance with section 20-1118. Cross-access
easements will need to be prepared and recorded by the developer over the lots in favor of the
property owners. The minimum easement width shall be 40 feet wide.
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City Council Meeting - June 26, 2000
10.
11.
12.
13.
14.
15.
16.
17.
The first floor and lowest floor elevations of the building need to be noted on the grading plan.
All wetland areas disturbed as a result of construction activities shall be re-seeded with MnDOT
seed mix 25 A, or a similar seed mix approved for wetland soil conditions.
Drainage and utility easements shall be dedicated over all existing and proposed wetlands,
ponds and buffer strips.
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs and will charge the applicant $20 per
sign.
The proposed development is responsible for SWMP fees of $3,682. This fee is due payable to the City
phor to the City filing the final plat.
Park and trail dedication fees shall be paid in lieu of parkland dedication. The PUD contract
requires no trail fees and 1/2 park fees.
The PUD agreement states that the applicant shall provide $500.00 of landscaping per
multiple family unit. The applicant shall provide the city with a cost estimate for the required
landscaping at the time of building permit application.
Fire Marshal conditions:
Fire hydrants: Additional fire hydrants will be required. Some proposed fire hydrants will
be required to be re-located. Contact the Chanhassen Fire Marshal for exact location of
new and relocation of proposed fire hydrants. Pursuant to 1997 Uniform Fire Code
Section 903.2.
Install post indicator valves (P.I.Vs). Contact the Chanhassen Fire Marshal for exact
location.
A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, NSP, US West, cable TV and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance 9-1.
Comply with Chanhassen Fire Department Policy regarding fire department notes to be
included on all site plans. Pursuant to Chanhassen Fire Department Policy #04-1991.
Copy enclosed.
Contact the Chanhassen Fire Marshal for exact location of fire lane signs and curbing to
be painted yellow. Pursuant to Section 904-1 1997 Uniform Fire Code.
Required access. Fire apparatus access roads shall be installed pursuant to Section
902.2.1 of the 1997 Uniform Fire Code. In reviewing the plans, because access cannot
meet fire code requirements, the following additional fire protection shall be required:
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City Council Meeting - June 26, 2000
f-1. Attic spaces shall be sprinklered per NFPA 13.
f-2. Class 1 standpipes shall be installed in stair towers.
f-3. The exterior balconies shall be protected by the fire sprinkler system.
Water supplies for fire protection shall be installed and made serviceable prior to and
during the time of construction. Pursuant to Uniform Fire Code Section 901.3.
Fire apparatus access roads shall be designed and maintained to support the imposed loads
of fire apparatus and shall be provided with a surface so as to provide all weather driving
capabilities. These surfaces shall be provided for prior to construction. Pursuant to 1997
Uniform Fire Code Section 902.2.2.2.
Comply with Chanhassen Fire Department Policy regarding premise identification.
Submit plans to Fire Marshal for review of building identification. Pursuant to
Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed.
18. Building Official conditions:
a. The buildings must be protected with automatic fire sprinkler systems.
b. An accessible route must be provided to all buildings, parking facilities, public
transportation stops and all common use facilities.
c. All parking areas, including parking garages, must be provided with accessible parking
spaces dispersed among the various building entrances.
d. Accessible dwelling units must be provided in accordance with Minnesota State
Building Code Chapter 1341.
The building owner and or their representatives should meet with the Inspections
Division as soon as possible to discuss plan review and permit procedures. In
particular, the locations of the property lines must be reviewed prior to final plat to
address allowable building area and exterior wall protection requirements.
19. The bus stop location along Lake Drive West is subject to city review and approval.
20.
The drive aisles shall be a minimum of 24 feet wide and 26 feet wide when adjacent to
parking stalls and built to 7-ton per axle weight pursuant to Ordinance 18-57 o-1 and 20-
1101. Parking lots shall be designed and constructed in accordance with section 20-
1118. Cross- access easements will need to be prepared and recorded by the developer
over the lots in favor of the property owners. The minimum easement width shall be 40
feet wide. The applicant's engineer shall work with city staff in reviewing the turning
radiuses requirements over the entire site and make the necessary changes.
21. The applicant shall revise the decks on building B, facing southeast, and replace them with bay
windows.
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City Council Meeting - June 26, 2000
22. The applicant shows the following specific materials on the buildings. The low maintenance
siding must be flat, not ship lap. Asphalt shingles must be textured, not smooth. Balcony railings
must be metal, not wood.
30.
31.
32.
26.
The applicant shall enter into a site plan agreement prior to issuance of the building permit.
Site Plan approval is contingent upon final plat of Outlot A into lots and blocks approval.
Each phase of the development shall conform to the overall master plan.
All signs must receive a separate sign permit."
All voted in favor, except Councilwoman Jansen who opposed and the motion carried with a vote of 4
to 1.
REQUEST FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S YARD TO
OCCUPY 5,000 SQUARE FEET OF AN OFFICE/WAREHOUSE BUILDING LOCATED ON
LOT 1, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION, BENIEK
PROPERTY SERVICES.
Sharmin A1-Jaff: Thank you. The applicant is requesting a conditional use permit for a contractor's yard
to occupy a section of an office/warehouse building. This building is currently under construction. It is
located on Lot 1, Block 1 of Chanhassen Lakes Business Park 7th Addition. The site is zoned industrial
office park. A contractor's yard is a conditional use in the IOP district. The site is bordered by Lake Drive
West to the south and Audubon Road to the west. Access to the site is gained via a driveway off of Lake
Drive West. The proposed area of the contractor's yard is 5,000 square feet. A portion of the space,
approximately 576 square feet will be used for office space. The rest will have equipment associated with
a business. All the equipment is proposed to be stored indoors. Loading dock for this proposal is located
between Buildings 1 and 2 so there won't be any direct views. Staff is recommending approval with
conditions outlined in the staff report. Thank you.
Mayor Mancino: Thank you very much. Any questions for staff at this point? Steve?
Councilman Labatt: No.
Mayor Mancino: Any questions Mark? Mark?
Councilman Engel: No.
Mayor Mancino: Linda? Is the applicant here? Would you like to address the council please?
Brian Beniek: Mayor and Council, thank you for taking the time to approve this. As you know I've been
in business in this town for some 25 years and I'm excited to have the opportunity to continue to do
business within the city. It's very important to me to get the approval of the council to go ahead with this
as my business continues to expand and grow. It's come to the point where I need this to continue. I do
understand, there's been a couple concerns. I read the staff report about the Planning Commission. There
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City Council Meeting - June 26, 2000
was an issue about snowplowing. Obviously I do snowplowing in my business. The only plowing that,
you know the only thing that would affect is we're going to, we have a contract to plow the lot of that place
and what not so really I don't know where snowplowing would really come into play other than the fact
that we're going to plow the lot and be on our way to the next account. As far as all of our equipment is
going to be stored indoors. We don't store any materials or anything of that sort outside. I certainly
understand that's part of the requirements of the conditional use permit and I don't have a problem so I
appreciate again the time that's been spent. I know Sharmin's worked long and hard on this and I do
appreciate her time spent with this so thank you. Are there any questions of me?
Mayor Mancino: Thank you Brian. Any questions for Brian?
Councilman Labatt: No.
Councilwoman Jansen: No, thank you.
Mayor Mancino: Discussion from council members. Then may I please have a motion.
Councilman Senn: Move approval.
Councilman Engel: Second.
Councilman Senn moved, Councilman Engel seconded to approve Conditional Use Permit #00-3 to
allow a contractor's yard in an lOP District, Beniek Property Services, Inc., to be located on Lot 1,
Block 1, Chanhassen Lakes Business Park 7th Addition, as shown on the plans dated Received May
17, 2000, subject to the following conditions:
1. The applicant shall enter into a conditional use permit agreement with the city.
2. Compliance with conditions of site plan and plat approval.
3. There shall be no outdoor storage of any equipment associated with the contractor's yard.
All voted in favor and the motion carried unanimously.
TRUNK HIGHWAY 5 IMPROVEMENT PROJECT NO. 97-6:
A. APPROVE RESOLUTION AUTHORIZING COOPERATIVE CONSTRUCTION
AGREEMENT WITH MNDOT FOR FRONTAGE ROAD, STORM SEWER,
WATERMAIN, AND BIKE TRAIL CONSTRUCTION.
APPROVE RESOLUTION AUTHORIZING TRAFFIC CONTROL SIGNAL
AGREEMENT WITH MNDOT AND CARVER COUNTY.
Teresa Burgess: Thank you Madam Mayor. This evening we're discussing the cooperative agreements
for actually two projects that are being let as one project bid. The first portion of the project is West 78th
Street. It includes the city storm sewer, city watermain and construction of a bike trail incorporated into
the frontage road construction as part of Highway 5 extension. As part of that the city does need to
participate in the cost and the first agreement does outline our cost share for that project. The city has
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City Council Meeting - June 26, 2000
issued or participated in several memorandums of understanding with MnDot indicating our desire to move
forward with this project and has actually taken a forefront leadership role in getting this project moving
forward with the Highway 5 project completed. The second portion, the second agreement that we're
looking at this evening is MnDot's preparing to open bids on a project to make signal modifications.
Included in those modifications are the installation of two new traffic control signals with street lights,
emergency vehicle pre-emption and signing on Trunk Highway 5 at Century Boulevard and Audubon Road.
Also the removal of the existing signal and install a new traffic control signal with signal lights emergency
vehicle pre-emption and signing at Galpin Boulevard. Revise the existing traffic control signals with street
lights, emergency vehicle pre-emption and signing at Hazeltine Boulevard and finally the interconnection of
Hazeltine Boulevard to Powers Boulevard, connecting all of the signals so that they operate up to increase
the flow of traffic to provide a better flow between there. If people are traveling at the speed limit, they
should be able to hit pretty much all the way through. The idea is to both move traffic but also to
encourage following the appropriate speed limit. As part of this there will be assessments. Those
assessments, the hearing for the project is scheduled for the next council meeting July l0th. The assessment
hearing will be with the regular assessment hearing in the fall. The total of the assessments that are
proposed for this project are $1,298,608. We will also be using MSA funds in the amount of $457,698 for
our share of the project and SWMP funds in the amount of $98,289. We will be collecting back the
assessments and we will actually have a net in the assessments of $550,828. However we will not be able
to collect on the green acres until a later date and that actually almost balances out exactly the amount that
we can't collect right away on assessments but actually is above and beyond that. What will happen is
when those costs come in they offset the MSA dollars. Are there any questions for me at this time?
Mayor Mancino: Any questions for Teresa? No. Okay, thank you. May I have a motion please?
Councilman Senn: Move approval.
Councilman Labatt: Second.
Councilman Senn moved, Councilman Labatt seconded to approve Resolution #2000-48: a resolution
authorizing the Cooperative Construction Agreement with MnDot for frontage road, storm sewer,
watermain and bike trail construction. Also approving Resolution #2000-49: a resolution
authorizing a Traffic Control Signal Agreement with MnDot and Carver County. All voted in favor
and the motion carried unanimously.
COUNCIL PRESENTATIONS:
Mayor Mancino: Council presentations, I don't think there are any. Kate will be getting everything that I
have to, for her housing strategy, etc on the Metropolitan Council meeting. There were a few things that
were presented to the group last week to the Mayors Housing that we didn't get copies of so hopefully
we're going to be getting this week and Kate will have everything and be discussing that with the City
Council. Any other council presentations?
Councilwoman Jansen: I had two things. The first in regards to what we all received in the mail last week.
Mayor Mancino: Should we wait til Scott gets here? Does anybody know where Scott is? Teresa if you
could get him.
Councilwoman Jansen: The Library Task Force meeting.
20
City Council Meeting - June 26, 2000
Mayor Mancino: Oh, wasn't he going to come down?
Teresa Burgess: Do you want me to go get him?
Mayor Mancino: Yeah. I think that that would be a good idea to see if he could get down and be part of
this discussion. If we can wait just a minute.
Scott Botcher: Hi guys.
Mayor Mancino: Hello. We're having some open discussion. Thought you should be here.
Scott Botcher: Go for it.
Mayor Mancino: Okay. Linda.
Councilwoman Jansen: I was just starting to mention the State of the City mailing that we all received in
the mail on the 13th.
Mayor Mancino: What day?
Councilwoman Jansen: June 13th.
Mayor Mancino: Okay.
Councilwoman Jansen: The last discussion that we had had was as part of our strategic planning meetings,
and in that we had come up with a synopsis of what we had talked about and it was noted here, develop an
annual report on the State of the City. Deliver the report for 1999 within the first 3 months of 2000. And I
guess at that point being well past March, I was somewhat surprised to receive this mailing on June 13th.
And realizing the amount of time and effort and frankly funds that went into producing a publication like
this, I was a little surprised that the first that I was aware of it as a council member was at the same time
the residents were receiving it on the 13th. That in fact we were going to be developing this annual report
and I would have anticipated that there would have been conversation around this as to whether or not
conceptually this was the type of report that we were going to be adopting as our annual report. Frankly I
was a little taken aback to have not had more the concept conversations around development of this report.
I have had a conversation with Mr. Botcher about this. He mentioned that we had apparently looked at,
and I recall looking at briefly a State of the City from the City of Minnetonka. I don't recall it being a
publication like this. My notes on the State of the City were that it was going to be more numbers oriented
and more focused on, you know we were talking budget at the time. As to kind of giving the city an update
on where we are and where we're tracking. Be it financially or more numbers than pictures and this type of
a communication. But I guess my bigger issue with this is the communication and that after that
conversation to have had this continue to be a focus through June, until it was produced and not have any
communication on this project seemed somewhat, I don't know if remiss is the word. It would have been
more appropriate for more involvement or at least updates. One of the things that I realized we're no
longer receiving is the Alligator Alley. That news alley. So that there were more regular communications
and I'm not talking nit picky stuff. I'm not saying that we need to know what everybody's doing. This was
a significant project and I think to have gotten some updates on what was occurring with this project.
There were obviously other things that needed to then be put on back burners as this was being produced
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but then also to have had the opportunity to suggest that maybe we could review what was going into the
document prior to it ending up in the hands of the residents at the same time that we were all receiving it.
Mayor Mancino: Okay. Any comments? Any other comments? I think it would have been good to have
had council review it before it was printed. I think that a lot of, reading it, it's a lot of staff time went into
writing it. I actually thought there were a lot of numbers in there. I was surprised at how many gallons,
million gallons of water we pump and I didn't know there were 232 cul-de-sacs, etc, so but I think it would
have been a, and should have been you know at least reviewed by the council. I also remember that when
we put it on the things that we wanted to accomplish this year, that Scott told us that it wouldn't be able to
go out in the first quarter and this time it would be in second quarter but for the next year's going out, that
he was pretty sure that we could do it first quarter so that's what I remember about that discussion. And
lastly I have had quite a few residents say how much they've enjoyed it. How it kind of pulls together
everything about our city so I've had some good feedback on it. I don't know anything else from council
members?
Councilman Engel: I've had pretty good feedback on it myself. It's pretty, there was a lot of interesting
stuff that you just don't typically discuss about the city that I think is informative to the people living here.
I thought it was a nice document. It looked good. I was a little surprised to get it too but I trust Scott and
the way he's running staff and putting it out and I do recall we were not going to make it first quarter this
year, but that next year we'd get it out first quarter. And I think that, we just should make a note that we
make that part of council communications next year but I see no problem with it this year. Yeah, I was a
little surprised but it was good and more results oriented than I am.
Scott Botcher: And I certainly, I mean I try my best to give you guys copies of all sorts of stuff, be it in the
correspondence packet or stuff that comes like this. In this case frankly there was a lot of work that went
into it. We worked, I don't recall spending any overtime money but those of us who are exempt employees,
because the department heads pretty much pulled this together. Put a lot of time into it. And certainly I
can do a better job next year of doing that. You're right, we put it on, I have my task sheet. You know
tasks I'm supposed to do and I remember when I think Nancy you said you'd like it in the first quarter and
I said well, good luck but we'll try and it was going to be second quarter and you know we just, it took a lot
of time. Setting up the template, the format for it you know was useful. Now certainly if we get to next
year and council says geez, we really hated this format. We didn't like it. Then we start over and it's
going to take some time to do that. And that's okay. It's just, we need to know that.
Mayor Mancino: Well you had shown us the Minnetonka format, or something.
Scott Botcher: Yeah, I mean if you laid Minnetonka's against it, and I still need to get you that one. I
failed to do that. And I told Dave Childs and the Acting City Manager up there that we plagiarize legally.
They're very, very, very similar. And they are because I think Minnetonka did a nice job. We steal from
those that are better and they did a nice job and yeah, I've only had a couple calls on it myself but they
have been favorable. There's some good data in there. And I'm going to guess that it will be a popular
document in the fall when school kids need to do reports. It will be a good thing. On the fiscal stuff, I
guess my own opinion is State of the City is supposed to be sort of what it is. It's a broad document. We
do have a caffer that we're going to get. That's available. We do have citizens that have an interest in
that, and we have a budget document that provides far more financial detail than we'll ever be able to
provide in a document of that size so that's just how I would do it. We thought that we were providing a
nice overview of it. But if you want more detail, you want us to tweak it, that's fine. That's great. I'll
take the blame for not telling you it was coming because that's true. And I guess I thought it was just on
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City Council Meeting - June 26, 2000
my task list. We had talked about it and we were just working our butt off to get it out the door. And
having recently lived through the trying times of trying to write the school district a letter, which I promised
myself I'll never do that again. I just said, we've got to get this done so we got it out the door.
Mayor Mancino: Well, staff did a good job. It's very good. Any other comments?
Councilwoman Jansen: And I don't want to belabor the point but I did copy this from a council packet and
though we're seeming to recall that it would be a second quarter vehicle and I did not type this. It was in
our packet so I was going by this. Deliver the report for 1999 within the first 3 months of 2000 and deliver
the report for 2000 during the first quarter of 2001 so I was going from this.
Scott Botcher: You're right. We didn't change it. Oh no, you're right. We just, I just sort of said fine.
We'll leave it there but.
Mayor Mancino: But we did have the discussion.
Scott Botcher: Yeah. Oh yeah, no you're right Linda, it does say that.
Mayor Mancino: Mark, anything that you want to ask? I saw you starting.
Councilman Senn: Oh, I mean the report itself, I don't know is fine and I think the contents on, I think we
should have the opportunity to review. If we had I'm not sure I would have changed anything. I guess
more importantly is that there's some content that anyone on the council disagrees with, then they should
say that they disagree with the points so that the issue is dealt with rather than anything else. If the
content's fine, then we have a process issue to deal with.
Councilwoman Jansen: I would want to review how we address the next State of the City. And just have a
conversation on how much information, how much of that detail can be eliminated as far as focusing the
community on what is significant for them to know. And whether it's more of a comparison. More of a,
you know this is where we've been. This is where we are. Right now there's nothing to even compare to.
Whether it's another community we're comparing to or ourselves as to what's happened in the last 5 years.
You know and really just look at it and address it. If we can talk about it before it's printed the next time,
then you know we don't need to belabor it now. But it's a document I would appreciate being able to have
a discussion about before it comes out again.
Mayor Mancino: Sure. And again that discussion and the format will be however the majority of council
feels so. Okay, thanks. You said you have something else.
Councilwoman Jansen: The other piece of information that I just brought back and Nancy, you also
attended the League of Minnesota Cities Annual Conference up in St. Cloud and they're doing a whole
program on building quality communities and I'll leave this with Scott and maybe he can include it in the
next Admin packet so that we can all read through it. But it's basically a program that they're even going
so far as to suggest the cities passing a resolution in support of it. The types of things and informing the
community what does the city do to provide for quality of life issues. Again, it's kind of focused around
that whole State of the City but more focusing it on what is the city responsible for to the community and
why do we do the things that we do. But I'll leave this with Scott and maybe he can get it into an admin
packet and we can talk about whether or not it's a program that we'd like to pass a resolution in support of.
That is what the League is requesting of it's members.
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City Council Meeting - June 26, 2000
Mayor Mancino: Okay. Anything else?
Councilman Senn: I have one quick one.
Mayor Mancino: Okay.
Councilman Senn: I kind of found it interesting that the League of Cities has awarded it's Legislator of the
Year award to the legislator that effectively killed any chance of the six cities getting their TIF deal
straighten out and stuff, so I think some communication should also be forwarded to the League on that in
relationship to our displeasure in that action, especially without seeking comment from it's member cities.
Because I assume right now there's at least six cities that are kind of upset with that. Who were not given
the opportunity to even push or go through the legislature because of it so.
Mayor Mancino: Okay, thank you very much and the meeting is closed tonight.
Mayor Mancino adjourned the meeting at 8:00 p.m.
Submitted by Scott Botcher
City Manager
Prepared by Nann Opheim
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