1f Approval of MinutesCHANHASSEN CITY COUNCIL
WORK SESSION
JANUARY 8, 2001
Mayor Jansen called the work session to order at 5:40 p.m.
COUNCIL MEMBERS PRESENT: Mayor Jansen, Councilman Peterson, Councilman Ayotte and
Councilman Labatt
STAFF PRESENT: Scott Botcher, Roger Knutson, Todd Hoffman, Bruce DeJong, Todd Gerhardt,
Kate Aanenson, and Matt Saam
2001 BUDGET DISCUSSION.
Scott Botcher asked the City Council for direction on the motion that was passed regarding the budget for
2001. Conceptual ideas and direction so that staff can bring specifics back for discussion, specifically
how the excess revenues should be applied to the budget cuts or general fund. Mayor Jansen asked for
clarification on when the amount of excess revenues would be known. Scott Botcher stated staff can do
revenue projections but the exact figures wouldn't be known until the end of the year. Councilman
Ayotte asked about pushing out general fund expenditures and issuing certificates. He expressed his
concern about not operating at a deficit and also have no degradation of services. Scott Botcher asked for
direction from the council on what staff should do to make assets perform, and what they can do with
assets that aren't performing. Mayor Jansen asked if the City Council could change the motion
regarding the 2001 budget at this time. Scott Botcher explained the legal options available to the City
Council. The levy could not be changed at this time but the budget could be amended at any time.
Mayor Jansen stated he has a hesitation asking the staff to cut $200,000 from the budget and that the
current City Council members need to have a discussion on how they would like to reduce the budget.
Councilman Peterson stated he would like staffto present alternatives to the council for cutting the
budget by the recommended $200,000. Todd Gerhardt stated that the City Council could explore options
of other possible revenue sources, i.e. increasing fees for services. Scott Botcher asked for clarification
from the City Council on the sheriff's contract and if the council wanted to keep with the recommended
48 hours of service to cut that number to 44 hours. The council members all voiced support for keeping
the contract hours at 48. Councilman Ayotte asked about the status of the CSO officer being full time.
Todd Gerhardt stated that had already occurred. Councilman Ayotte and Councilman Labatt expressed
interest in seeing the Public Safety Commission or a public safety advisory board being brought back to
discuss public safety issues. Councilman Labatt asked if the city could trade services with the Carver
County Sheriff for patrol hours. Scott Botcher explained that that has been tried in the past and didn't
work administratively.
Consent ARenda Discussion:
A. Aooroval of Certificate of Comoliance-Oaks of Minnewashta, Proiect 94-14.
No questions were asked on this item.
Be
Acceot Street and Storm Drainage Imorovements in Chanhassen Lakes Business Park 7th
and 8th Additions, Project Nos. 99-11 and 99-14.
City Council Work Session - January 8, 2001
No questions were asked on this item.
ri
Approve Construction Plans and Specifications for Chapel Hill Sanitary Sewer
Realienment - Proiect No. 00-07.
Kate Aanenson explained to the council that staff had received a letter from a neighbor with concerns
regarding a driveway easement. Staff advised the neighbor that it was a private matter and did not
involve the City.
n.
A,r~rove Revision to Consultant Services Contract for BC-7 and BC-8 Trunk Utilities -
Proiect No. 00-01.
No questions were asked on this item.
E. A~.roval of Bills.
Mayor Jansen asked about the $8,000 payment to the Statton Group. Todd Gerhardt stated it was for
services to review the City's insurance policies.
F. Approval of Minutes.
Mayor Jansen asked that the December 27, 2000 minutes be amended to change the word "bonus" to
"merit increase".
H,
Authorize Prel~aration of Feasibility Study for Century Boulevard (North of Coulter
Boulevard and South of Trunk Highway 5), Street and Utility Iml~rovements - Proiect No.
91-7C.
No questions were asked on this item.
J. Ao~roval of One Day Beer License, Chanhassen Lions Club, February. Festival.
No questions were asked on this item.
Oreanizational Items.
Mayor Jansen asked if any council members had questions regarding organizational items. Scott Botcher
explained the procedure that would be taken by the City Council at the meeting. Mayor Jansen stated
she had requested a copy of the Minnesota League of Cities Handbook and asked if any other council
members would be interested in a copy. Councilman Peterson stated he believed the handbook was
available on the internet for free. Scott Botcher stated that he would order one handbook for the Mayor.
Mayor Jansen adjourned the work session meeting at 6:30 p.m.
Submitted by Scott Botcher
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JANUARY 08, 2001
OATHS OF OFFICE: Roger Knutson performed the Oaths of Office for Councilmember Robert
Ayotte and Mayor Linda Jansen.
Mayor Jansen called the City Council meeting to order at 6:40 p.m. The meeting was opened with
the Pledge to the Flag.
COUNCILMEMBERS PRESENT: Mayor Jansen, Councilman Labatt, Councilman Peterson, and
Councilman Ayotte
STAFF PRESENT: Scott Botcher, Roger Knutson, Todd Gerhardt, Kate Aanenson, Matt Saam, and
Todd Hoffman
Public Present:
Name Address
Colleen Dockendorf
Deb Kind
Uli Sacchet
Roderick Franks
Mary Labatt
Patsy Bemhjelm
Bill Jansen
Carmen McMeen
Leah Hawke
Mike Mason
Conrad Fiskness
Bob Smithburg
Doug Swanson
Linda Landsman
Deb Lloyd
2061 Oakwood Ridge
2351 Lukewood
7053 Highover Court South
8694 Mary Jane Circle
Bent Bow Trail
9380 Kiowa Trail
240 Eastwood Court
9391 Foxford Road
7444 Moccasin Trail
829 Woodhill
8033 Cheyenne Avenue
8657 Chanhassen Hills Drive North
1780 Koehnen Circle
7329 Frontier Trail
7302 Laredo
APPROVAL OF AGENDA: Councilman Labatt moved, Councilman Ayotte seconded to approve the
agenda amended to include a Mayor's Address under public announcements. All voted in favor and the
motion carried unanimously.
PUBLIC ANNOUNCEMENT:
Mayor Jansen: Under public announcements. I actually just have a couple of things that I wanted to
share with everyone under a Mayor's Announcement. First of all, thanks to everyone for being here.
While I was preparing for tonight's meeting and I read through the oath that you just heard us take and
we've all now given, a few things had occurred to me that I think strike all of us as we sit and we serve
our community. And I just wanted to share some of those things with the other council members and
suggest that, to the community to know that we keep these things at heart as we're serving the
community. I put together what I consider as an oath to the community of Chanhassen. As a
City Council Meeting- January 8, 2001
representative of the people of Chanhassen I do solemnly swear to serve your collective best interests by
exercising every responsibility of my position to the fullest with integrity, ethics, the utmost of respect,
compassion and impartiality. My decisions will be reached on behalf of our community only after
diligent review of the facts of each issue, consideration of input from all parties involved and without
influence of personal bias or special interest pressure. I am accountable as a council member, and as
your mayor, I am accountable and responsible to the people I serve. I will work to keep you informed
and involved in the issues that affect your lives and your family's well being. I will actively listen to you
and actively seek your opinions. All of my actions will be on your behalf. I will be ever mindful that I
have been elected to serve through my ability to lead. The values and expectations of our community
will determine my goals and objectives and will direct my vision, so help me God. Just a few things that
I think we alt in the course of serving as council people take to heart. Tonight marks the beginning of a
new era of leadership in Chanhassen. As a result of last November's election the Chanhassen City
Council welcomes the two new members to our team. Councilman Bob Ayotte and Councilman Craig
Peterson, welcome. I am proud to be returning to the council as Chanhassen's Mayor and I look forward
to serving with the continuing Councilman Steve Labatt. Working together with our professional staff
and our community we can make this an era in Chanhassen history in which we achieve community goals
through cooperation and through partnerships, establish sound financial policies to protect the long term
financial health of the community and the viability of our community. Establish two way open
communication between the City and the community we serve. We can increase public access to
information and simplify city processes to facilitate public participation. We can improve our customer
service and establish a work atmosphere where people are motivated to succeed, encouraged to excel and
have an opportunity to use their creativity. I'm excited about the many opportunities ahead for
Chanhassen and I'm confident that we can turn our challenges into positive accomplishments. There are
many things that we're faced with that this council will be discussing over the next couple of weeks as
far as the strategic plan and initiatives that we'll go forward with as the 2001 council and I encourage the
community to participate, communicate with us. Let us know what your goals, what your objectives-are
and share with us as we go through setting our priorities. Some of the initiatives that we will be
discussing will be easing the tax burden on our residents by implementing an employee incentive
program to achieve reductions in the city's expenses and identify areas where we can achieve cost
efficiencies. We must part practicing sound financial policies. We will continue to work on the new
Chanhassen library. Hopefully breaking ground as soon as possible. And we will initiate a community
survey to poll our residents on service needs and issues of concern that will help us guide the Chanhassen
strategic plan. We also will have a conversation about organizing a community housing forum so our
residents can be informed about, review and comment on Chanhassen's current housing goals. The
vision that I shared with you for Chanhassen that I still feel in my heart is where we're going, is that
Chanhassen is a community with a small town character, comforts and safety and we're going to balance
that with urban modernization and convenience. Working together we can achieve our goals and build a
strong, vital community we are all proud to call home. Thank you.
ORGANIZATIONAL ITEMS:
Mayor Jansen: Councilmembers, let's begin. First item is the organizational items. Staff
recommendation please.
Scott Botcher: Staff recommendations included in my memo dated January 3, 2001. As referenced in
the work session, there were no questions from council members at that point. You could really absent
the Acting Mayor portion, which I identified as item l(d), you could take these all as one motion and
then take l(d) separately or you could take them each individually if you'd like.
City Council Meeting - January 8, 2001
Mayor Jansen: Councilmembers, shall we made a motion for items 1 a, b, c, e, fand g.
Councilman Ayotte: Yes. I second that.
Mayor Jansen moved, Councilman Ayotte seconded to approve the organizational items as follows:
a. Adopt the Rules of Procedure with no changes.
b. Appoint the Chanhassen Villager as the Official Newspaper.
c. Appoint the firm of Campbell Knutson as the City Att°rney.
e. Weed Inspector, no action is needed. Mayor Jansen is the Weed Inspector.
f. Appoint John Wolff of the Chanhassen Fire Department as Fire Chief.
g. Appoint Dr. Dave McCollum as the City Health Officer.
Ail voted in favor and the motion carried unanimously.
Mayor Jansen: The item that we did not approve is the Acting Mayor. Let me just read, the Council
should select one of it's members to serve as Acting Mayor in the absence of the Mayor. This individual,
besides running the council meetings and/or standing in for the Mayor in other instances in her absence,
is also used on occasion by city staff to execute documents again in the absence of the Mayor. So ifI
might have a nomination.
Councilman Ayotte: Well I nominate Steve Labatt because he's been around the longest, outside of you.
I have to ask your availability in terms of being able to break free during the day and so on.
Councilman Labatt: During what?
Councilman Ayotte: During the day?
Councihnan Labatt: All I have to do is wake up.
Councilman Ayotte: We can wake you up?
Councilman Labatt: But does that disqualify you or not?
Councilman Ayotte: I'm sure as heck not going to try to wake him up but if anybody else wants to.
Mayor Jansen: May I have a second?
Councilman Peterson: I second.
Councilman Ayotte moved, Councilman Peterson seconded to appoint Steve Labatt as Acting
Mayor. All voted in favor and the motion carried unanimously.
City Council Meeting- January 8, 2001
CONSENT AGENDA: Councilman Peterson moved, Councilman Ayotte seconded to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
a. Approval of Certificate of Compliance - Oaks of Minnewashta, Project 94-14.
b.
Resolution #2001-01: Accept Street and Storm Drainage Improvements in Chanhassen Lakes
Business Park 7th and 8th Additions, Project Nos. 99-11 and 99-14.
Approve Construction Plans and Specifications for Chapel Hill Sanitary Sewer Realignment-
Project No. 00-07.
Approve Revision to Consultant Services Contract for BC-7 and BC-8 Trunk Utilities - Project
No. 00-07.
e. Approval of Bills.
Approval of Minutes: City Council Minutes dated December 11, 2000; December 18, 2000 and
December 27, 2000 as amended.
Receive Commission Minutes: Planning Commission Minutes dated December 5, 2000; and
Park and Recreation Commission Minutes dated November 28, 2000 and December 12, 2000.
h.
Resolution #2001-02: Authorize Preparation of Feasibility Study for Century Boulevard (North
of Coulter Boulevard and South of Trunk Highway 5), Street and Utility Improvements - Project
No. 91-7C.
j. Approval of One Day Beer License, Chanhassen Lions Club, February Festival.
All voted iu favor and the motion carried unanimously.
VISITOR PRESENTATIONS: CHANHASSEN SNOWMOBILE CLUB UPDATE; LEROY
BITELER AND SCOTT TRUEMPI.
LeRoy Biteler: LeRoy Biteler, 910 Penamint Court, Chanhassen, Minnesota. Thank you for the
opportunity here this evening and I didn't realize that it was the swearing in of the council. Timing is
appropriate.
Mayor Jansen: Welcome.
LeRoy Biteler: Along with we finally have snow on the ground for the first time for a number of years.
3 years to be, in my opinion anyway. Basically I just want to give the council an update I guess of where
we've been and where we're trying to go and what we're trying to accomplish. The Chanhassen
Snowmobile Club started back in about 1970, from the records that we can find. That's 30 years. We
meet once a month. Second Tuesday of every month. Myself, I've been a member of the Snowmobile
Club for about 17 years. Been fairly instrumental in keeping our trail system alive in Chanhassen. I am
also past President of the club. The club is a, what we have a grant and aid trail system funded by the
DNR. That means that any work that we do on the trail system we have some funding appropriated to us
through the DNR. The Chanhassen Snowmobile Club is a member of the Southwest Trail system, which
encompasses five snowmobile clubs. Chanhassen, Westonka, South Tonka, Chaska, and Carver County
City Council Meeting - January 8, 2001
Snow Runners. The Southwest Trail Association is the umbrella association of our locality here. They
groom the trails. They receive the funding from the DNR and make the appropriate appropriations of
those funds to maintain the groomer and maintain our trail system. The Southwest Trail Association also
covers all the landowners that we cross our trail on of which they have given us permission to cross their
land. A one million dollar liability coverage. We are also members of MINN USA. Minnesota United
Snowmobilers Association. That's the State organization. Our club is responsible for marking and
signing and removing the signs on the trail system at the beginning of the year and at the end of the year.
The Chanhassen Snowmobile Club has helped Chaska. Their club provides training for kids. We've
assisted with that training to get our kids in the right form of mind so that they know the rules and
regulations. We've provided assistance in the past to public safety with names and phone numbers so
that if Chanhassen does have a problem and a huge snowfall and they need some assistance from
someone with a snowmobile, we've given them some names and numbers in the past. We haven't done it
for about 3 years. We haven't had the conditions. There was a time when a couple of us were assisting
the Chanhassen Public Safety out on Highway 17 on a real icy, snowy snowfall. We've provided games
for kids at the Oktoberfest when Oktoberfest did exist. We've made some donations to the winter fest for
those activities. We've tried to partake in some of those winter fest activities. However, it seems as
though we're always, it's our time of year and it's tough to get a group together to actually participate in
that particular activity. Our objective is basically to keep a trail system so that we have a route out of
town. To get west out of town so that we can connect to many other trail systems that link our trail
system. Basically a path out. We're not looking to run around the streets or run around the parks or the
lakes. We just want to get out of town and link up with other trails. We want to and we have in the past
provided the city contacts for assistance if they have need for problem areas that they get phone calls on.
We've assisted the city with that kind of help. Other than that just some of you being new on the council,
we kind of wanted to bring you up to date. We realize that the city is growing leaps and bounds and it's
been a challenge year after year. We just keep doing the best we can and try to keep the complaints
down. Todd has been very helpful when it comes to complaints. He's talked to Us and we've gone out
and talked to many landowners. Tried to take care of their problems by resigning different situations. It
seems as though there's always a couple in the community that keep pounding on us but we don't know
where to go with some of them. We do the best we can. That's all I have. If you guys have any
questions, I'd be happy to try to answer them.
Mayor Jansen: Okay. Councilmen, any questions?
Councilman Ayotte: With the snowfall being as limited as it's been, I would suspect that your interface
and relationship with Carver County Sheriff's Department has not been as much because you haven't had
as much activity. Is that a true statement?
LeRoy Biteler: That is correct.
Councilman Ayotte: Okay. Do you see a need especially to diminish the concerns and complaints and
because we've got traffic issues growing, to have a little bit more interaction with Carver County
Sheriff's and has there been any discussion in your organization to do that?
LeRoy Biteler: Well I take that from what we've done in the past and not immediately this year yet. We
have had communication with Carver County. We have also had Carver County out on our trail system
with stone of our members and two of their machines helping them patrol the trails and keeping people
on the trails instead of off the trails. So we have had some communication in the past but not
immediately this season.
City Council Meeting - Januat3, 8, 2001
Councilman Ayotte: Is there anything that the council could do to maybe enhance that opportunity to
generate more interaction and since there's at least a lot of snow now and maybe next year, that there be
more activity involvement with Carver County?
LeRoy Biteler: We're certainly welcome to do that. We'd be excited to do that again. We could take
that upon our behalf to make contacts with them also as we've done in the past. More than w, illing to do
that.
Mayor Jansen: Very good. Councilman Labatt, anything?
Councilman Labatt: The grant and aid trails. Do you have a map of where those are in Chanhassen?
LeRoy Biteler: I sure do.
Councihnan Labatt: Do you have it with you?
LeRoy Biteler: I have one map with me. That's all I could come up with this evening. More than happy
to give it to you. Also have some of the rules and regulations that might be of value to you guys as well.
Out' membership roster right now for '99, last season was about 52 members. That goes up and down
depending on the snowfall.
Councilman Labatt: So and you groom just the grant and aid trails or do you groom all the trails?
LeRoy Biteler: Just the grant and aid trails. That's the only trails that xve have right now in our
community between here and Victoria. All the wa5, out to Watertown.
Councilman Labatt: So the trail running up along 41, is that your trail?
LeRoy Biteler: Yes it is.
Councilman Labatt: Okay. And then that goes through the corner of 5 and 41 and then continues east
along 5?
LeRoy Biteler: That's correct.
Councilman Labatt: Where does that trail begin then?
LeRoy Biteler: It would begin out here on Lake Ann really. Or along 5. You start seeing trail markings
in Lake Ann. And also along Highway 5 right here at 5 and Powers Boulevard.
Councihnan Labatt: So any of the trails up and down say Powers or Audubon are just.
LeRoy Biteler: That's the way to get, we've got to get from your home where your sled is to the trail
system and that's the rules and regulations in Chanhassen is you can get from your house, basically on
the street. However Powers Boulevard has a nice ditch so that's the route to the trail system.
Councihnan Labatt: That's all.
City Council Meeting- January 8, 2001
Mayor Jansen: Okay. Well we sure appreciate your coming in and sharing the information with us on
your club. Appreciate all the effort that you do go to keeping your trails groomed and working with the
residents and their complaints.
LeRoy Biteler: Thank you and don't hesitate to contact us because we know that the growth is going to
be that much more difficult year after year to keep things on the straight and narrow.
Mayor Jansen: Well thank you.
Scott Botcher: Todd, do we have copies of this?
Todd Hoffman: We've got some copies upstairs.
Mayor Jansen: Is there anyone else who would like to speak with the council? Any issues during visitor
presentation? Seeing none we'll move on.
DISCUSSION/DIRECTION REGARDING VACANCIES ON THE CITY COUNCIL, PLANNING
COMMISSION AND SOUTHWEST METRO TRANSIT.
Scott Botcher: We have, as the Mayor said, we have vacancies on all three of these bodies. I guess I'll
take the, what I consider to be the simplest one first. You all should have a memo of mine dated January
3rd. In it I didn't really touch on Southwest Metro Transit. Pursuant to a council action in December we
have advertised for individuals interested in Southwest Metro Transit. To date we have received no
--
letters of inquiry, no applications, no response from the community. So I guess I would recommend the
same thing I recommended in December. That is to reappoint Randy to his position on the Southwest
Metro Transit, so that's sort of the first issue. The second issue is that we do have Planning Commission
vacancy that was created primarily by Craig joining the council. And then we have a council seat
vacancy created when Linda moved up to the Mayor's position. And in my memo I laid out sort of your
options. On the council vacancy you do have the right to appoint a citizen to fill the seat. We as a
council, this is the first time we've sat together. We haven't really had this discussion. My
recommendation is probably two fold. First, my position is similar to what I said I believe in November
and that is that I think it's in the city's best interest to fill the seat as quickly as possible. I think it's in all
of our best interest to have a full council. Secondly, I think that the council would be well served to
perform what I had identified as a public solicitation process to see what kind of, what level of interest
there is in the community to serve, both on the council and on the Planning Commission. Those are sort
of my thoughts on both those positions. I also attached Resolution #95-34A which was passed in 1995.
In February of '95. It identified the process by which the City Council should fill commission vacancies.
This obviously would apply to the Planning Commission vacancy and not to the common council
vacancy. Again I don't have, as I indicated in my memo, I don't have a large problem with the
resolution. I do however consider it to be somewhat micro in it's approach to filling seats. We have in
the past not had a large enough response to some of our vacancies for us to comply with item number 3
wherein it identifies that whatever commission is doing the interviewing shall recommend to the council
their selection for the vacancy plus 2 additional candidates. That infers that each commission then will
recommend to you all at least 3 candidates for each individual vacancy. We just frankly haven't had that
kind of response to any of the vacancies and so technically the council hasn't necessarily been complying
with Resolution #95-34A. I just bring that to your attention. If the council desires to amend that
resolution, simply... I'm really just looking for some direction from you all. Staff recommendation
bottom line is that you re-appoint Randy to the Southwest Metro and identify some sort of public
solicitation for both Planning Commission and council vacancies and as I indicated in my meeting with
City Council Meeting - January 8, 2001
the Mayor earlier, this process can move along rather quickly. I think that if you allow I don't know, 2
weeks. Maybe 3 weeks maximum for people to respond. We could move ahead with interviews at the
council level easily within a month and get this seat filled.
Mayor Jansen: Okay, thank you. There was one phone call that I received after the Southwest Metro
Transit ad had run. There was a posted deadline which we are now beyond. However this gentleman
was traveling so the first opportunity that he would have had to have had a direct communication with
myself, and I'm the council representative on the Southwest Metro Transit so he was looking to just get
some input and feedback on the position and what's entailed. I would lean towards maybe pushing our
appointment off to the next council meeting depending on how comfortable everyone is with that to at
least allow the applicant an opportunity to explore the possibility of the position. We of course also have
Randy who has offered to continue on the commission but I just throw that out as additional information
since the staff memo xvas drafted. If maybe we want to speak to each one of these individually.
Comments on Southwest Metro Commission.
Councilman Peterson: I think it's reasonable that we wait if we've got a candidate. We don't have them
that often so let's pursue it.
Mayor Jansen: Okay.
Councilman Ayotte: One of the questions I have, and I don't know if it's appropriate and since I'm the
youngest member of the council and I've never been the youngest in anything so I want to take advantage
of that. Would it be appropriate to ask Melissa Gilhnan a question because she's a public servant if you
will, as she's xvith the Villager. Why aren't we getting, I saw what we had in the paper and there wasn'f
much pizzaz to it as far as I'm concerned. Is there anything that we can do to maybe educate the public
on the opportunity and what they can get out of participating in something like this rather than always
throwing our hands up and saying well you know, we didn't get anybody again. And the same with the
commissions. Is there anything that we can do to get the word out? Multimedia approach or educate the
community at large. Recruit.
Mayor Jansen: ! think it's a good point as far as how visible we actually make these commissions and
the positions that are open. There is a great deal to be said for the people who have participated with the
process previously. Residents involved in issues do become more aware of the commissions and
typically that is where we get a lot of our applicants are from people who have participated so a great
deal of word of mouth. ! have considered once we do approach the re-appointment date which is April
and May for the commissions. Right now these txvo are happening off season if you would from the
majority of the appointments due to Mr. Peterson being appointed to, or elected to council. And
Southwest Metro is just on a different cycle since it's not a city commission but at the time the other
seats do come up for re-appointment, I would like to consider writing a commentary into the paper so that
we at least do identify to the community in one more piece versus it just being a news item or news brief
in the newspaper to give it a little bit more attention. But I think anything that we can do to speak to the
community certainly will get more attention to the commission.
Councilman Ayotte: With regard to the statute and the rules and so forth, is there anything limiting us on
active recruitment? What we can and cannot do.
Roger Knutson: No. You can do anything you think is appropriate.
City Council Meeting - January 8, 2001
Mayor Jansen: And as far as the Southwest Metro, Councilman Ayotte at this point, waiting in order to
give the next applicant an opportunity to speak to it and move it off to the next meeting?
Councilman Ayotte: Oh absolutely. Yes ma'am.
Mayor Jansen: Okay. Same question Councilman Labatt. Okay. We'll push the Southwest Metro off to
the next meeting, if you'll put it on that agenda.
Scott Botcher: Just have that person contact us then.
Mayor Jansen: Yep. I'm meeting with him tomorrow morning so I'll make sure I have an application
with me. Then moving onto the Planning Commission vacancy. At this point Mr. Botcher, do we have
the two ads now scheduled to run as far as the dates?
Scott Botcher: Kate's gone. Yes. Yep. She worked with Vicki after you were in and got those
scheduled. I don't know the dates but I can get those.
Mayor Jansen: I think as of the time that this was drafted we may have assumed that the ads had actually
run and at this point there has been no notification even in the Villager of the open position on the
Planning Commission so I do think that has a great deal to do with no applicants at this point so.
Councilman Ayotte: Can we have some sort of a write up though that would explain, unlike the
Southwest Transit. Something that would, I was using the Southwest Transit as an example. Job
description. Whatever to spice it up a tad.
Scott Botcher: Well I guess in theory we can run whatever ad you're willing to pay for. And secondly I
guess we can run whatever ad they're willing to write for free. And Melissa, she understands that and we
can go and do a whole you know, nice full page ad but, we could do that. I don't ~know, and it's really, if
you want to spend some bucks on a nice panel ad we can do that.
Councilman Ayotte: I like the later idea about getting the Villager to cough up a few bucks.
Scott Botcher: But at the same time it's not our job to pressure them to write whatever they don't want to
write. I mean that's, they're separate and apart from us.
Mayor Jansen: And in our last round of interviews we did have several applicants as far as.
Scott Botcher: No, I don't want to make it sound like we've just got to beg people to come in here but
I'm just suggesting to you that what the resolution says has at times been difficult to meet. That's all I'm
saying because I'm unaware of where we've had a vacancy where we've had nobody. I don't think that
happened. I'm just suggesting you got this on the record. I mean this is on the books and we've all sat,
Steve and Linda and I have all sat through these interviews and you know that you know for some of
these commissioners we've had 2 and 3 vacancies. We have not had 6 and 9 candidates for single
commissions. I mean that hasn't happened so that's the only reason I bring that up Bob. But certainly, if
we could get more interest and more participation in any of the committees, even the ones that are going
to come up in April, that would be great.
Mayor Jansen: Okay. So we'll wait and see how the applications come in then on that Planning
Commission position. And as far as the resolution I wondered, let me just throw this out for the council
City Council Meeting - January 8, 2001
to kick around. On the resolution, point 3, what Mr. Botcher is referring to the 4 vacancies plus 2
additional candidates. Could we just add after that, if available.
Councilman Peterson: I've always been a proponent of that so, I thought it was kind of ridiculous that
we wait and we wait. We've had openings on the Planning Commission for months because of that
clause and it's just not realistic.
Mayor Jansen: So if available would answer that problem?
Scott Botcher: So to amend that Roger we need to come back with a resolution amending the resolution
in txvo weeks?
Roger Knutson: That'd be appropriate.
Scott Botcher: Okay.
Mayor Jansen: Okay. Everyone comfortable with that?
Councilman Labatt: Yes.
Mayor Jansen: Okay. Then onto the City Council vacancy. As Scott mentioned we have not as a
council discussed how we're going to handle the process. If we can maybe come up with an agreement
as to how we proceed from here. The accepting of the applications. The advet~tising. I guess my initial
suggestion to throw out for discussion would be that we follow similar guidelines to what we now have
in place on the commissions. We each have a copy of the commission application. If the ads ~vere to run
itl the Villager for 2 weeks and that's with the assumption that the Villager would be able to possibly hit
this as an issue even as early as this Thursday. We could have something run on the 11th and the 18th of
this month so that we've got at least 2 xveeks worth of notification out to the public soliciting
applications. If we're all comfortable with tile application for the commissions, having that be the
application then that the applicants are filling out for us. I was then looking at the calendar and possibly
would suggest, I don't know if you all have calendars with you. Suggest closing the application date on
January 24th, which is a Wednesday. That would allow for applications then to be sent out to
councilmembers by the end of that week, be it the 25th or the 26th. I have no idea what we might be
anticipating as far as applicants, as far as numbers.
Councilman Ayotte: Open for discussion?
Mayor Jansen: Certainly.
Councilman Ayotte: One of the things that I would suspect a resident may want to know is what is he or
she getting themselves into with respect to the, it's the period of performance is 2 years until the next
election and what do we do to provide definition to the residents so they know what kind of mine field
they're going into? I mean we've got to give some parameters, some ideas of what it's all about. Doing
that, is 24th of January sufficient time because you've got to put an announcement out. People have got
to feel comfortable about what it's all about, then make application. Do we do some sort of an
announcement as to what it's all about?
10
City Council Meeting - January 8, 2001
Mayor Jansen: As far as what it's all about, I'm assuming yourself having looked into the council
positions and what we do, staff obviously is usually a contact point. Ourselves will be a contact point
from people wanting to know what the specifics are. Are you wanting a checklist of sorts as to?
Councilman Ayotte: I'm wondering if there's some sort of description that should be, that would be
appropriate to say these are the parameters by which an individual serves in a council position for a given
period of time when appointed. Is there anything that we should specify in the newspaper or just allow
them to go ahead and ask questions and let it go at that?
Mayor Jansen: Any comments?
Scott Botcher: Roger and I were just discussing here. The state statute, like a lot of legalese is fairly dry
and almost incomprehensible at points, but I think that the League Handbook has a couple pages that I
recall and I haven't looked at it for a while but I think we could pull out and identify sort of the duties
and obligations of a council person. That would not obviously be specific to Chanhassen. It wouldn't
say ~nust become a TIF expert in 3 days, but it would identify you know, certain obligations that council
members have. Financial obligations. Planning obligations.
Mayor Jansen: And how frequently we may meet.
Scott Botcher: Sure. And that sort of stuff I think is digestible enough by a lay person who's not
participated, that it would make some sense. That to me is the best spot to get it. And it is also available
on the web.
Councilman Ayotte: I just want to communicate to the community what it's ali about, tfyou've got
something like that, why not.
Mayor Jansen: Okay.
Councilman Peterson: No, I think it's reasonable. I think I am ora bias towards getting more
applications in and culling through the applicants and their desires and their backgrounds versus trying to
do that in the advertising process so let's get resumes in and...from there.
Mayor Jansen: Okay. Are you comfortable with the 24th as a possible deadline?
Councilman Peterson: Yes.
Mayor Jansen: Okay.
Councilman Labatt: Is that the people have their applications and resumes in?
Mayor Jansen: Yes.
Councilman Labatt: And then would the city, then staff be able to, already the next council meeting then
is the 22nd so it's before then so we're not meeting for 2 weeks.
Mayor Jansen: Correct.
11
City Council Meeting - Janumy 8,2001
Councilman Labatt: So then what do you have, staff photocopy off the application packets and have
them delivered?
Mayor Jansen: Have the packets delivered to us. If council would be willing to meet in a work session
or council meeting, whichever format you'd like to consider. We've got that Monday the 29th, which is
not a scheduled council meeting, where we could come together having reviewed the applications and do
a ranking of the candidates and a discussion of the candidates at that time.
Councihnan Labatt: I wonder, let's say staff gets them out to us on that Friday. I don't know if that's
going to be.
Scott Botcher: Well we could turn it the next day. Todd brought up a good point, and I think it's
something worth considering. That would get it published in the paper, and I haven't checked his math
Melissa but he says it'd only get published once if we ran a special ad and I don't know if that's right or
not. So if multiplicity in advertising in the local paper is an issue, the 24th does restrict that somewhat
apparently and I haven't pulled a calendar out.
Mayor Jansen: Okay.
Scott Botcher: So for whatever that's worth.
Mayor Jansen: So we'd need the 18th and the 25th to have it advertised?
Scott Botcher: Yeah.
Todd Gerhardt: If you need it twice. The deadline was Friday for ads. Last Friday. For this Thursday.
So we're not going to get in until next Thursday which I think is the 16th.
Mayor Jansen: 18th.
Todd Gerhardt: 18th. And then the next one's the 25th. If you're closing on the 24th so.
Mayor Jansen: Okay. So it pushes out a week. So then applications could close then the following
Wednesday the 31st. And where I'm going with the dates, so I'm clear, is realizing that we then are going
to have at least one more council meeting, if not two, without the full compliment of council people, and
! know that staffxvould like to have the fifth person in as soon as possible. So now we would probably
have to shoot for the 26th council meeting to have the fifth person in place. So applications close on the
31st Staff could turn them around and have them copied to us on the 1st of February. Depending on how
much time council wants to be able to look through those, it's still not a council meeting on the 5th. We
could come together on the 5th.
Councilman Peterson: I'll throw it back as an alternative. I think, I don't know how really necessary it is
to advertise twice. I mean in reading the internet today, that the Villager is putting an article in the paper
about the process. At least as noted in the internet, and this has been a pretty discussed topic over the last
3 months, I can't fathom that we need to advertise it twice so I think we may be giving ourselves, pushing
ourselves too far out than necessmy I guess.
Councilman Ayotte: How adverse is it to staff Mr. Botcher, to push out another week?
12
City Council Meeting - January 8, 2001
Todd Gerhardt: I was just making the point that you're only get it in the paper once...
Mayor Jansen: In ad form.
Scott Botcher: I think that the issue for us is that, and Linda touched on this in her message. We have
some significant issues to address, especially these issues are compounded by the fact that we really have
a new council and a new administration and new direction and I know that you all want to start moving
on, and I think to do that you want to have your full compliment. We want to deal with the strategic plan.
We want to deal with...
Councilman Ayotte: Enough said.
Scott Botcher: So is it going to be the end of the world if we have to have the fifth person come on the
end of February? No. It may, you know it may give the Mayor some pause as to when she puts things on
the agenda. I mean like the strategic plan you may end up, you're going to want all five for that. It's not
the end of the world. Sooner would be better but you want to do it right. I mean you'd rather do it right
than do it too quickly.
Councilman Peterson: That raises another question. How have we done it in the past if we've ever had
to do it in the past?
Scott Botcher: Obviously since I've been here there's been no vacancy on the council.
Todd Gerhardt: Not in 14 years.
Councilman Peterson: It'd be interesting to know.
Scott Botcher: I mean I've had the experienced not in Chanhassen and frankly it took us about a month.
I mean we would advertise. It was more along the lines of what you had said Craig. I mean it was an
issue where a gentleman was, I mean a couple gentlemen at different times were moving out of the city.
Paper announced it. Joe Blow resigned and they're moving out of the city. Council is seeking
applications. Sought applications. Staff turned around in about a day. Frankly from the council's point
of view, it doesn't take a whole heck of a lot of time to read the applications because there's just not a lot
of meat there. You know you meet the person. Who do you like? And they did the interviews.
Appointed who they liked and they were down the road. So I think, I mean Linda's schedule is certainly
doable but there's just different philosophies on how many times you want to advertise in the paper.
Councilman Labatt: So Craig you said that, is there something, an article for this Thursday?
Councilman Peterson: The article, the notation on the internet said that they're going to have an article
about the selection process for new council member so.
Councilman Labatt: Can you confirm that Melissa? Well I just wonder for, I mean if, with an article and
if there's an ad going in, if that's just going to be enough.
Councilman Peterson: I think the article's going to be much more visible than an ad anyway so, I mean
let's get realistic.
13
City Council Meeting- January 8, 2001
Councilman Labatt: Yeah. I mean I can go with you know if there's an article on the 11th and an ad on
the 18th and we close on the 24t~' and we meet on the 29th.
Mayor Jansen: 29th. Because then the next round of discussions is when we conduct the interviews and
how quickly and whether we can do those in a day or two. Whether it's at the end of that week,
depending on everyone's schedules. The end of that week or the beginning of the next week. We
conceivably then have the fifth council person in place by the 12th for the first meeting in February.
We're liking the sound of that?
Councilman Labatt: So we're going to do interviews on the 5lh, is that what you said?
Mayor Jansen: Well, depending on the schedules we could do them Thursday the 1~t or Monday the 5th if
you want to stay with Mondays for consistency. And we could also check with the applicants and those
that would be interviewed.
Councilman Ayotte: Either is good for me but I've got to voice my comment in public here. I'm not so
concerned about me liking the person as much as that we have a criteria or a standard or some
mechanism by which we consider who's going to be serving this community. I'm a little bit more
worried about that than the schedule, with all due respect. What is the mechanism that we're going to
employ to evaluate? This is a pretty big deal.
Mayor Jansen: I guess my first suggestion would be that it will be in the course of the questions that we
~vould ask in the interviews that you could draw out some of those criteria. That each of us, and we can
alxvays have the discussion, realize the issues covered by council and the things that we will be
discussing and what we think the strengths are that people can bring to the council as far as serving the
community. And I think over the course of an interview process you could establish whether someone
meets that criteria that you think is important.
Councilman Ayotte: I'm trying to figure out how I could find out from the community on what their
view is as what is being important so I'm wrestling with that. I don't know if I'm going to be calling
folks at random or knocking on doors but I'd like to find out too what (a), community's intent is and I
think we have to consider some sort of standardization in our review process so there's some consistency
from one candidate to the other. Are we going to interview interview? I mean are we going to talk to
these folks?
Mayor Jansen: Yes. Yes.
Scott Botcher: As far as the standardization from candidate to candidate, you could do what we've done
internally and that is we have a set of issues, a set of questions, a set of concerns that we work from and
you could start with finance questions. You could move onto a planning and zoning question. You can
move onto issues of representation. More a conceptual sense because I think that as you know, you know
when you ask questions they beget other questions and no question tree is identical, which is okay. But
so long as you hit the same concept, same issues with each candidate, that largely frames up that
consistency from candidate to candidate.
Mayor Jansen: When we conducted the city manager interviews we did have a set of questions that we
all agreed upon in order to draw out some of the information that we were looking for so it was the same
set of questions asked of each of the candidates. So we could put together a pool of questions that we
could discuss then.
14
City Council Meeting - January 8, 2001
Councilman Ayotte: That'd make me more comfortable but.
Mayor Jansen: Certainly. Actually that would be the lines that I would suggest going along.
Councilman Labatt: Yeah.
Mayor Jansen: Comfortable?
Councilman Peterson: Sure.
Councilman Labatt: So could I, so we're on for closing the 24th now, correct?
Mayor Jansen: Yes. Closing the 24th. Receiving on the 25th. Then reviewing those on the 29th.
Councilman Labatt: You mean in here in a meeting? A special meeting?
Mayor Jansen: Or a work session.
Councilman Ayotte: And then the interview itself would be, when we talk to them would be when?
Mayor Jansen: And there we might want to check their availability at the time we're setting up the
interviews and give a little flexibility as to whether it's the 1st or the 5th.
Councilman Ayotte: Okay.
Scott Botcher: So on the 29th then the candidates will not be present? It will just be you all discussing it?
Mayor Jansen: Correct.
Councilman Labatt: What time, 5:30?
Mayor Jansen: Probably.
Scott Botcher: And then the actual candidates will be here like that first Monday? Is that what you're
thinking? The 4ti', 5th, whatever that is?
Mayor Jansen: Yes, the 5th. Council comfortable with my opening this up for public comment? It's not
a public hearing but if any public would like to make comment.
Councilman Peterson: Certainly.
Mayor Jansen: If there's any public that would like to make comment on the process that we just
discussed, if you'd come forward to the podium and state your name and address for the record.
Willard Johnson: Willard Johnson, 1660 West 63rd Street, Chanhassen. In the past you've taken the next
person in line to fill the vacancy of the Mayor. That's been done before. Because I've been in this city
50 some years and I have more time in this city than the whole council sitting up there.
15
City Council Meeting- January 8, 2001
Mayor Jansen: That is actually the process that we did follow and the precedent that we followed for
filling the vacancy that was left available at the end of the year.
Willard Johnson: They appointed the next highest person voted in by the public.
Mayor Jansen: And we appointed Councilman Peterson to that open seat. This is the first time that there
has been an opening on this council from a council member being elected to Mayor.
Willard Johnson: No there has not. Mr. Klingelhutz was appointed mayor when his term come in and
they took the next highest person to fill his position.
Mayor Jansen: Okay. I was not aware of that history. At this point of course all candidates are welcome
to submit their applications with the rest of the applicants, thank you. Any other comments?
Colleen Dockendorf: Colleen Dockendorf, 2061 Oakwood Ridge. I'm just wondering is this going to be
a private interviews or open to the public or have you decided on how that's going to be handled? Are
you going to handle them typically like you do commission interviews? Or are there any requirements?
Roger Knutson: There are under the open meeting laws, City Council doesn't do anything, virtually
nothing in private. They'll be open to the public.
Mayor Jansen: The whole process will be open to the public as far as being available for people to sit in
on any of the interviews. Thank you for asking. Anyone else? Okay, we'll close public comment and at
this point are we clear on the dates and process?
Councilman Labatt: So the 29th, 5:30.
Mayor Jansen: Yep.
Councihnan Labatt: Then we're meeting in a work session to review the applicant's applications...
Mayor Jansen: And then we can discuss.
Councilman Labatt: Are we meeting on 2/1 or 2/5 to do intervie~vs?
Scott Botcher: I've got 2/5.
Mayor Jansen: Okay. We can determine that then.
Councilman Labatt: If we want to keep both dates, depending on the amount of applicants. Both those
dates work out great for me so.
Mayor Jansen: Okay. Keep them open.
Scott Botcher: I'm just thinking out loud on my head. 31 days in January? Okay, just the 3 day
notification for the meeting. If you pick the 1st, we've got to get posted right away then. Just for what
it's worth...Ijust want to have it posted for the public. Meet the open meeting law.
Mayor Jansen: Okay, moving on.
16
City Council Meeting- January 8, 2001
COUNCIL PRESENTATIONS:
Councilman Labatt: The only thing I wanted to comment on is the letter we got about Jerry Ruegemer.
Receiving a meritorious award from the Minnesota Park and Rec. I think as a council we should
congratulate him.
Mayor Jansen: Agreed. Thanks for bringing that up.
ADMINISTRATIVE PRESENTATIONS:
Scott Botcher: I just have two quick things. First of all the Lake Ann building is allegedly under
construction. I haven't physically been out there. I have not been out there to see it. I was informed that
they're moving dirt and they're doing the grading and that's under way. We did sell the certificates. The
money is invested and so we're earning interest on that at this point but that is under construction.
Secondly, just as a reminder and I know the Mayor touched on it earlier. We are having a meeting on
Thursday at 5:30 interviewing the three design firm candidates for the construction of the new library. It
will be in here. It will be, I don't want to denigrate it's formality but I think that it's going to be designed
to be not stuffy. You know informal. We want to get the information out of the firms. I have had a
couple citizens call me today and just ask me broad questions, and I haven't talked to Linda about this so
I'm sort of catching her blind but if it was a public hearing and I said no, it's not a public hearing we'd,
the audience doesn't, you know if we have 150 people here, 60 people packed in. Each one doesn't have
a chance to ask questions for the council to ask questions. So that's what I told them so if people ask
you, certainly you can gather their questions, which is what I told them. I said if you have specific
questions contact your council member and they'd be more than happy to ask on your behalf but I just
want to make sure everyone understands that because we are on, when Linda and I set the time line,
we've identified 45 minutes for each firm. They have the latitude to divide the 45 minutes as they see fit.
We sort of suggested 20-25 minutes for presentation on their behalf and then the balance of the time to be
left for Q and A from the council's perspective. Obviously they can do whatever they want within that
45 minutes but we do sort of need to stick to the time table as you know and so if citizens have questions,
they should get them to anyone of these folks before Thursday and then please come and attend if you'd
like. I think it's an exciting time and it's going to be a lot of work but it's going to be a lot of fun I think.
And that's all I have.
Mayor Jansen: Great. Anything else under correspondence from the correspondence packet?
Councihnan Peterson: I have a couple questions for Scott or whomever. Where are we at with going live
for the meetings?
Scott Botcher: Go ahead Todd.
Todd Gerhardt: We're waiting for one part. MediaCom has ordered a part to bring the cable into the
building. Right now it's sitting outside our, right outside the library window so it will come through
conduit, across the ceiling and we can hook up. The equipment is all here. We've done everything on our
side. It's up to MediaCom to get their parts and I got a call today, they didn't give me a specific time.
They were going to call the company to see when they could ship out the park and then we can go live.
Councihnan Peterson: So a few weeks? Few months? Next year?
17
City Council Meeting- January 8, 2001
Todd Gerhardt: I would hope before February 1st
Scott Botcher: We also hope before Thanksgiving. We also hope before Christmas.
Councilman Peterson: Senior housing project in the Villages. I haven't heard anything about it for a few
months.
Scott Botcher: We're waiting for some numbers from the party that's interested in doing that so we have
nothing at this point.
Councilman Peterson: Just sitting?
Scott Botcher: Yeah.
Councilman Peterson: Thank you.
Mayor Jansen: Anything else? Okay.
Mayor Jansen adjourned the City Council meeting at 7:40 p.m.
Submitted by Scott Botcher
City Manager
Prepared by Nann Opheim
18
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JANUARY 2, 2001
Chairman Burton called the meeting to order at 7:05 p.m.
MEMBERS PRESENT: Matt Burton, Deb Kind, LuAnn Sidney, Alison Blackowiak, Ladd Conrad and
Uli Sacchet
STAFF PRESENT: Kate Aanenson, Community Development Director; and Julie Holum, Planner I
PUBLIC HEARING:
REQUEST TO REZONE PROPERTY FROM RR, RURAL RESIDENTIAL TO RSF, SINGLE
FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 1916 CRESTVIEW CIRCLE, TORY
WALTON.
Public Present:
Name Address
Carmen McMeen
Karen & Duane Malmstrom
Tory Walton
Paul Pudlitzige
Lynnae Nikolai
9391 Foxford Road
6460 White Dove Drive
1961 Crestview Circle
5107 Woodhill Road
6570 Galpin Boulevard
Julie Holum presented the staff report on this item and asked for any questions.
Burton: Any questions?
Blackowiak: Mr. Chair, I've got a couple questions. First of all, with the RSF designation this lot, at my
reading could potentially have 2 homes on it. Is that a possibility in your view? We have to have some
cross access agreements I believe but would that be a possibility if we rezone to RSF?
Aanenson: If more than one house was to go on the property they would have to come in and apply for a
subdivision. At that time you would evaluate whether or not you allow a private drive or how it would be
subdivided. It is on a collector street so you'd want the house set back a little bit further so it's a
possibility but again it would come through a subdivision so you'd have another chance to look at it.
You may decide you may not allow it to be accessed by a private drive to two homes.
Blackowiak: Okay. And that I guess kind of leads to my second question. I don't know if it's for you
Julie or Kate but, since we have a rural residential immediately south of this, which is a 2 ½ acre
minimum. We have a 1 acre lot here. Would there be any reason we would want to leave this a non-
conforming lot to force a variance and then essentially only have a single home on it as sort of a buffer
between the rural residential and then the RSF to the north?
Aanenson: Well if someone was to build on it with the existing non-conforming, they're going to have to
request a variance and the setbacks, the side yards can still be 10 feet. The rear yards 50 and 50.
Planning Commission Meeting - January, 2, 2001
Blackowiak: 50?
Aanenson: 50 in the front and the rear. It's just the side yards would be the same, the 10 and 10.
Blackowiak: So why are the front and rear 50?
Aanenson: Generally because you have a 2 ½ acre lot, you set back further from the street.
BIackow, iak: Right, no oh I'm sorry. I thought you were referring to this lot potentially.
Aanenson: No. I'm saying if it was left that way. So you know.
Blackoxviak: I'mjust curious. I'm playing devil's advocate in saying.
Aanenson: Here's the other issue. There's ahvays a cloud over the property so anytime somebody wants
to do a deck or anything they have to come back and ask for approval and I'm not sure it was the intent to
leave this out. In the map that we showed you there, at that time when they were doing the mylar and the
zipotone, they went right over the lot. I'm not sure, we tried to research exactly what, was it an anomaly?
Left over remnant piece from the subdivision? But as a general rule we wouldn't have left a lot remnant
with a subdivision of 1 acre because at that time, it's always been 2 ½ acres so what we're trying to do is
take the cloud offthe property. So you don't have to, every time somebody wants to add a deck or
something like that they have to come back and request that.
Blackowiak: Okay, thank you.
Burton: Any other questions?
Kind: Yes Mr. Chair. Maybe Alison got at this and I missed it but, if it was subdivided into two, we
don't allow more curb cuts on Galpin so they would have to have access through Crestview. Is that a
cotTect assumption?
Aanenson: Well you need 90 feet of frontage for residential single family so I don't know if they have
180 or, but you're right. We would limit the access points so that's what I'm saying. It'd have to be
served by a common driveway, which would require a subdivision approval through the Planning
Commission and you may decide that that's not an appropriate way to subdivide. It's appropriate the
way it is as a transition piece. As pm-t of your findings of the subdivision you would not approve it.
Kind: Okay. How did this come to staff's attention?
Aanenson: The applicant wants to sell the piece of property as a separate lot of record and has a cloud
over it with the non-conformit%
Kind: Okay. Thank you.
Burton: Any other questions?
Sacchet: Yeah. Where would the access then go?
Planning Commission Meeting - January 2, 2001
Holum: It is off of Crestview Circle. I believe. There is right now, I'm not certain. Maybe the
applicant, I think the applicant is here, could answer it but there is a house on this property right here and
there is a private drive.
Sacchet: So there is access from Crestview Circle up there?
Holum: Yes.
Sacchet: So the idea is not to access it from Galpin? The idea is to access it from Crestview? Okay. I
just want to clarify that, thank you.
Holum: Yes.
Burton: Other questions? Would the applicant or their designee like to address the commission? Is the
applicant here? Are they here? You're okay? Do you want to address the commission? Do you have
anything you want to add?
Tory Walton: No, not really.
Burton: Okay. Then I'll entertain a motion to open up for public hearing.
Sacchet moved, Blackowiak seconded to open the public hearing. The public hearing was opened.
Burton: Anybody would like to address the Planning Commission on this matter, please approach the
podium and state your name and address and tell us what you want us to know.
Lynnae Nikolai: My name is Lynnae Nikolai. I'm representing my mother, Doris Nikolai, 6570 Galpin
Boulevard. Our front yard would be directly across from this area. That's why my mother is very much
concerned about access of this area because she doesn't want lights coming into the living room. Have
any of you actually been out to the lot to see the ravine? It is not a normal building lot. It is all ravine.
This was Roy Stellar's pony farm. That ravine, that water supplied the horses, the ponies. It also
currently supplies water to all the wildlife in the area such as the deer, raccoon, ducks. There's nesting
ducks in that area and everything else. I feel that it should be kept as a green belt area and left as it is. If
Tory doesn't like that area he should sell and leave it as a full 2 ½ acre rural place. That house he's in
now used to be Roy Stellar's house. His son Merle Stellar also lived up on that top area. I think that's
when the area was all subdivided up when Roy passed on. And I believe Merle's daughter, Kathy Stellar,
I don't know her married name, also has a house on the back side of that area. What is now, what used to
be Lake Lucy Road but that was cut off some years ago and is now White Tail Grove or whatever now.
So the history of that area was rural. I played with the ponies. I fed them. I watched them and that
whole area is nothing but ravine. What I'm concerned about is the watershed area. At the top of Murray
Hill is the watershed divider line. To the north flows into Lake Minnetonka. To the south flows all the
water into major culverts that go past 65th, down the road in front of our area and then when the city
bought the land in front of our house to put in the trail, other big culverts were put in under Galpin
Boulevard to flow into that ravine. That ravine also flows into the Lake Lucy/Lake Ann area. All the
wildlife things. In order to build on that property you're going to have to fill it in. And that is a big
mistake. All those hills are butter clay. You have to use drain tile or you're going to have nothing but
water in the basements. So these are all items that I feel that need to be addressed and to put another
house in there is folly. If the Planning Commission wants to change it to single family, then they need to
put in something else that that chunk of land, that one acre cannot be subdivided into little 1/3 acre
Planning Commission Meeting - January 2, 2001
parcels. It's all ravine. It is all sloped unless you're a mountain goal or a mountain sheep. There's not
really any place that you can walk standing up straight without some effort. So the erosion factor, the
clay factor, all those building factors need to be taken into account.
Burton: Thank you. Anybody else like to address the Planning Commission? Can I have a motion then?
Sidney moved, Kind seconded to close the public hearing. The public hearing was closed.
Burton: Comments?
Kind: Kate, I'm wondering if you can comment on, is there a bluff present? Would that require some
setbacks for future building?
Aanenson: No. There is a ravine that runs through the area. The Stellar subdivision, the Stellar Court
Subdivision is encumbered by a lot of wetlands. It's the area surrounding this, up in here. When we
looked at the comp plan, that area was left A2. We don't believe a lot of it can be further subdivided.
We are aware that there is...coming in for the rest of this property here. That subdivision will be at your
next Planning Commission meeting, but that area immediately to the south, this property was left out of
that subdivision. We do not believe that can be further subdivided again. As the previous person stated,
it is encumbered by some wetlands and slopes. It's not suitable for further subdivision. This property
was looked at by the staff and we do believe, if you do not rezone it someone will come in and ask for a
building permit on the property. What we're trying to do is, it will have the variance with it and that's
another xvay to go. But someone is seeking a building permit on the property.
Kind: And there is a suitable building pad on the property?
Aanenson: Yes.
Kind: That meets setbacks from bluffs and that sort of thing?
Aanenson: We'll have to look at that in the siting of the house, correct. But there is enough buildable
area. But it is, the rest of that Stellar area again, we made the decision on this being left. There's no
sewer to that property. It's left because it has wet soils and cannot be further subdivided.
Kind: Okay.
Sacchet: Well, it appears that this property has been going back and forth in zonings and it's basically,
there's a fat line...so if it strays I'm assuming it was actually zoned into residential at one point and then
it was kicked out again so I think it's reasonable to grant this request. That this is included with the
smaller lots because it is a smaller lot. However, if subdivision comes back for that lot I would oppose
that. That's where I'm at.
Sidney: I think while the application is straight forward, I agree with staff's recommendations. Since it
is a non-conforming lot with the rural residential regulations, this rezoning would bring that into
compliance with residential low density and I think that makes sense and is consistent with the
comprehensive plan. We can speculate about what will happen with the property but until we see that, I
guess I would reserve judgment. We have mechanisms to address issues of siting of buildings or
subdivisions or whatever at that time.
Planning Commission Meeting - january 2, 2001
Burton: Comments?
Blackowiak: I think my questions kind of tipped my hand. I'm almost in favor of a single home on this
lot. Not only to kind of preserve some of the bluff and some of the natural. Or I shouldn't say bluff. I
guess it's technically not a bluff. The ravine and the natural features but also to act as a buffer between
the homes to the north and to the 2 ½ acre lot to the south because I think that's a very, it's a very natural
break at this point and that's why I was asking if we should even leave it non-conforming just to force the
issue to have a little more control. However I do understand the rationale between rezoning to low
density but I would like to make it clear that I would only support a single home on this lot and would
vote against any potential split in the future because I don't think that that would fit with the character of
the neighborhood or the character of the lot.
Burton: Okay, thanks. Ladd.
Conrad: We probably have more control if we keep it on non-conforming.
Aanenson: Yes. You would have reasonable conditions. You have more control but then it also puts the
burden on if you try to get financing or anything because it's non-conforming. If there's a way that the
seller's interested in the lot and wants to put one home on there, if we could get a home placement plan
before it goes to City Council to show it.
Conrad: I like that idea.
Aanenson: Where they place a home is going to preclude a subdivision in the future.
Conrad: Yeah, that's real clear. If we grant the change, then I think we lose some control. And they
could come back and have a pretty good argument if they meet all the codes. They could put, and we
have nothing. We have something here. So I guess, I don't mind taking it out of the non-conformity if
we have some guarantee that there's only going to be one house, and until that's there, I can't. I can't do
that. So I suppose we can pass this along if we attach some kind of condition to it with the house
placement and if the applicant agrees to that so we have something enforceable. Otherwise ! won't move
it.
Burton: Okay, thanks. My comments would be the same. I have the, I think it makes sense to rezone it.
I would like to keep the control over the property and to limit it to one house. The question is how to do
that. I don't know the answer. So do we want to take a crack at a motion? Does somebody want to?
Kind: Mr. Chair, I'd like to continue the discussion a little bit.
Burton: Sure.
Kind: I'm thinking maybe the best way is to leave it non-conforming. Do you think there could be a
condition?
Burton: But then it does affect their ability to finance the property.
Kind: Oh, is that right?
Burton: That's the problem.
Planning Commission Meeting - January 2, 2001
Kind: That's the issue?
Conrad: We shouldn't care. We don't care. That's not our deal. Our deal is to allow one house and we
shouldn't impose some restrictions that are unnecessary but on the other hand we want what we want and
what we want is one house. So I think it's up between the applicant and the staff to figure that out and if
we can do that tonight, that's fine. If we have to bring it back, that's fine too. We don't need to move
this through tonight for any particular reason.
Kind: Is it reasonable to put a condition for this specific lot that only one house is allowed?
Conrad: You could attach a condition.
Aanenson: ! guess I would just add, if you could see the home placement plan, if you could see where
the ravine is, it may preclude how you can further subdivide it. Access, etc. So if there was a home
placement plat it may put your fears at ease that it cannot be further subdivided. There might be some
other physical constraints that's going to prohibit that. Also where they're going to put the home. So if
you could get that infolmation I think that would be helpful.
Blackowiak: Excuse me Mi'. Chair. Kate, would something like that be binding? I mean they provide us
with a plat.
Aanenson: Well just the landform itself was what I'm saying. If the ravine is a topographic break, which
it is, it's going to limit some of the setbacks and access to the lot so if we can get that information to you,
that may ease your fears on how we can further subdivide it. Which is the issue.
Blackowiak: Okay.
Sacchet: Mr. Chair. I'm trying to be clear what you just said Kate. Did you just say that we could, as
one possibility, xvait to see house placement before we settle this?
Aanenson: Correct. Tabling it and getting additional information. We'd bring you back a topo map
showing you where the buildable area and that would alleviate.
Sacchet: I kind of like that. I think that would bring this to a common denominator.
Kind: And Plan B would be to recommend approval with the condition that staff prepare that
information before going to council. Which I think would be my preference. Just to move it along.
Conrad: Then you lose control.
Kind: Right.
Conrad: But that's okay. Whatever you want to do.
Kind: I don't have high control needs.
Sacchet: Mr. Chair, I don't think it's a matter of control to me. I think it's a matter of making sure that
the best possible solution is reached and I consider that our responsibility here so I'm in favor of seeing
Planning Commission Meeting - January 2, 2001
that first. I think that's a fair resolution. And I think that can happen pretty fast. I don't think it's too
much...
Aanenson: We can put it on the next meeting.
Burton: That makes sense so does somebody want to bring a motion, or make the motion?
Blackowiak: Well I'll do it. I will make the motion that Planning Commission tables rezoning #2000-3
of Mr. Walton's property until we receive a plan for the proposed building site, including topographic
information.
Sacchet: I second that.
Blackowiak moved, Sacchet seconded that the Planning Commission tables Rezoning #2000-3 for
property located at 1916 Crestview Circle until the applicant supplies a plan for the proposed
building site, including topographic information. All voted in favor and the motion carried
unanimously.
Aanenson: Just another side bar on that. The law does require that the zoning ordinance and the
comprehensive plan be consistent so if we do decide to leave it as one lot, then we should amend the
comprehensive plan to make it a large lot so whichever way we go, but we want consistency. So I guess
the reason we took this tact is we believe that was the inconsistency on the other side. To that
information, I believe we can have that for you by the 16th.
Sacchet: Mr. Chairman, one comment for staff. In the Findings of Fact, number 3. The legal description
of the property is blank.
Aanenson: Okay.
OLD BUSINESS:
Aanenson: Old business, we have advertised for the Planning Commission vacancy so I'm not exactly
sure when that date closed but it was in the Villager so we're expediting that.
Conrad: Do we have any applicants yet?
Aanenson: I was just going to, we had some from before that we'll go back to when Uli interviewed so
we'll ask those people if they still wanted to be reconsidered and hopefully they'll come through. I
haven't seen any come in. I did put in here your meeting attendance. That will be modified as we add an
additional person so if you have a conflict, if you want to just find somebody to trade with or whatever. I
did put the Planning Commission update in your packet. Kind of where we were on some of the issues.
Again we're continuing with the comprehensive plan, land use amendments. Again the consistency
issue. Bob's setting up some neighborhood meetings on those.
Sidney: I had a question about the Mattson property. That caught my eye. What does that involve?
Aanenson: It's guided industrial. I walked it with the developer and the developer's engineer.
Engineering and planning. They're putting together, it does require right now, it does require an EAW so
they're working through that process. It is in the Bluff Creek Overlay District so we wanted to walk that.
Planning Commission Meeting - January 2, 2001
Get an idea of where the buildable area is. We also have the bluff on it. It's our opinion that that was
man made so xve're working through some of those issues. What's required for the scooping of the EA.
I do believe that's a spring project. It's 82 acres so it will be a large project again in the primary, part of
it's in the primary zone for Bluff Creek.
Sidney: And this will be industrial office?
Aanenson: Yes.
Sidney: Industrial warehouse.
Aanenson: Yes. We talked about some of the noise issues upfront that we'll be scoping a little bit
differently in the EA. Lighting issues. Yeah, you're south of Stone Creek and then it'd be west of
Autumn Ridge. No, Audubon. Well the subdivision that's right there. The other side of the creek and
there's not as much buffering right there so we're trying to resolve orientation of buildings and trying to
get thresholds of square footage so that will, we again continue to do a lot of industrial development so.
Sidney: Then I saw code enforcement.
Aanenson: Yes. Those are the landscaping issues that we still have ongoing that we've got hearing dates
xvith the judge of Carver County.
Sidney: The arraignment and then.
Aanenson: Yes. Yep. With the people. So we are pursuing those and we do have dates on that with the
judge. And again continuing to follow up on conditional use standards. Some of the old complaints kind
of come back. Some of the conditional use standards. Some of the businesses. Snoxvplowing. Blocking
the driveways and then just some of those sort of issues so we're continuing to monitor those.
Blackow'iak: Mi'. Chair, Kate I had a question on, two things. First of all it says 2-2 Work Session.
That's 2-6 right? In the meeting schedule. Meeting and hearing schedule or what's that? February 2nd
is a Friday.
Aanenson: 2-6. First meeting in February, thank you.
Blackowiak: Okay, that's alright. I just thought maybe I missed something.
Kind: Uli caught that on the e-mail.
Blackowiak: And the second one. Talk to us about this John Hennessy amendment. Is that right on
Highway 5? The first one. LUA1.
Aanenson: Oh right. Again that's a.
Blackowiak: Where's this property?
Aanenson: 41. Galpin. Excuse me, Galpin. Just north of VanDeVerie's property where the frontage
road for Highway 5, West 78th. Just north of that.
Planning Commission Meeting - January 2, 2001
Blackowiak: Okay.
Kind: Is it just south of the entrance to Walnut Grove?
Aanenson: Yes. Where are you reading that from?
Blackowiak: Oh I'm sorry. It's the second page of this comprehensive planning meeting and hearing
schedule.
Aanenson: Okay, yep. Right, that's where that is, right.
Blackowiak: Okay.
Aanenson: And then Dogwood, we're working on that because that's part of the extension of the sewer
with the West 78th Street. There's a failing collective system down there that we're trying to resolve. If
the sewer gets extended down that way, it takes care of that problem although there's issues with
assessments. But...other parts of the city where there's failing septic systems is going to continue to be
an issue. That's another example where they were given small lot zoning but they don't have the septic,
or they don't have the municipal services in place to handle that so. And there is other people that want
to further subdivide in that area. The church is taking the largest portion of that property. The 67 acres
on the other side. West side of 41. There's some other properties in back there that would like to
subdivide. Obviously they need access to sewer and water to subdivide but they were trying to maintain
that character of Dogwood and try to provide other access into there without, off of Tanadoona but
leaving the character of the Dogwood the way it is. Just minimal widening. That will be some of the
discussion that takes place with that rezoning. Kind of maintain that with allowing further subdivision.
So with that, you do have a lengthy meeting on the 16th SO, again as I mentioned the Lundgren
subdivision. That's got a lot of issues with it too. The subdivision itself was pretty straight forward but
it has wetlands. It has slopes. There's surrounding property providing access to it. Prince and then the
other property to the east providing... I believe we've worked through all those issues so. But we
haven't done a big subdivision for a number of years besides PUD was the first big subdivision in a
couple years. Besides the multi-family ones.
Kind: Mr. Chair I have a quick question. In our packet was a letter from the Paulsen's regarding the Igel
subdivision. What's the update on that?
Aanenson: It's scheduled for the second meeting at the City Council. I believe that's the 20th of January.
Kind: So it still has not gone before council?
Aanenson: No. They've asked, their waived their rights. Their attorney is involved in a legal case that's
tying him up so they've asked to have it extended to the second meeting which again I believe is the
January 20th meeting. City Council.
Burton: So any other old or new business?
Conrad: Just a quick, did we pass a light pollution ordinance?
Aanenson: Yes...shielded lighting, yes... Yes we did. And we're working on the...that are in Chapter
20 which we enforce and 18, a lot of it's just enforced by Carver County Sheriff's so we're working that.
Planning Commission Meeting - January 2, 2001
It's the attorney's opinion that some of that is hard to measure...so we're trying to revise that ordinance
also. The attorney's office is drafting that based on some ordinance that they've used in other cases. And
not only noise but some of the other nuisance. As we continue to grow that's an ongoing problem. Noise
pollution.
APPROVAL OF MINUTES: Sacchet noted the Minutes of the Planning Commission meeting dated
December 5, 2000 amended to reflect that LuAnn Sidney was absent, not Ladd Conrad.
Chairman Burton adjourned the Planning Commission meeting at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
10