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CC 2012 07 23 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 23, 2012 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilman Laufenburger COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Greg Sticha PUBLIC PRESENT: Laurie Susla 7008 Dakota Avenue Mayor Furlong: Thank you and welcome to those here in the council chambers as well as those watching at home. We’re glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not we’ll proceed with the agenda as published, without objection. Councilman McDonald: Mr. Mayor I have a change I’d like to make. Mayor Furlong: Is this for the consent? Councilman McDonald: Yes. Mayor Furlong: Okay, why don’t we get to that in just a minute then. Thank you. PUBLIC ANNOUNCEMENTS: Mayor Furlong: At this time I have a couple public announcements. One was on the agenda and that rd related to the upcoming Chanhassen/Carver County Day at the Arboretum. On Friday, August 3 the Minnesota Landscape Arboretum in partnership with the City of Chanhassen and Carver County invites all Chanhassen and Carver County residents to come and enjoy a free day to explore the Arboretum. Arboretum admission will be waived throughout the day from 8:00 a.m. to 8:00 p.m. for residents with valid identification. I encourage all residents to go and experience one of Chanhassen’s great treasures. 10:00 a.m. there’ll be a special welcome at the Arboretum. Dr. Ed Schneider, Carver County Commissioners, myself and others will be at the Great Hall of the Oswald Visitor Center. To say welcome and talk a little bit about the benefits that the Arboretum provides our community. There’s a variety of activities will be offered throughout the day as well. Nature and garden walks, guided tours, master gardeners will be there to answer questions and there’ll be activities for children as well. The 2012 summer exhibit of Dirt-o-Rama, intriguing tales from the underground will be on display. Please visit the City’s new website for more information. Come and enjoy the Arboretum. Again this is on rd Friday, August 3 at the Minnesota Landscape Arboretum. All residents are welcome with free admission. Also like to make another public announcement this evening relating to National Night Out. th National Night Out will be on Tuesday, August 7. This is a city wide event which is an opportunity for residents to gather with their friends and neighbors to have fun and to remind ourselves that our Chanhassen City Council – July 23, 2012 individual involvement is in crime prevention efforts is vital to helping our city maintain it’s high level of safety. We currently have 45 neighborhoods participating in this year’s events. Registrations for your block party, if you’d like to have a neighborhood block party I would invite residents to call Beth Hoiseth at City Hall. Her number is 227-1610 to schedule a visit from representatives of the Carver County Sheriff’s Office, including the posse again this year. We expect the fire department, city staff and others th so Tuesday, August 7 will be National Night Out. I know a number of members of the council will be visiting neighborhood events as well as the other groups that I mentioned so we look forward to that and thank you to Beth for her work in organizing National Night Out. Move now to items, next items on our agenda will be our consent agenda items. CONSENT AGENDA: Mayor Furlong: If members of the council or others present in the gallery would like any item removed from the consent agenda I would ask that you let me know at this time. Mr. McDonald. Councilman McDonald: Mr. Mayor, yes. I would like to remove item (g). The approval of the Fourth Restated Joint Powers Agreement with Southwest Transit from the agenda and have it rescheduled for a work session with council. Mayor Furlong: So that would be a table it for tonight’s action and reschedule for future work session. Councilman McDonald: Yes. Mayor Furlong: Thank you. Councilman McDonald: And at that point if we could invite Len and also council to come into the work session and explain that to us so we can ask questions. Mayor Furlong: Okay. Any other items, items 1 (a) through (j), excluding (g). If not is there a motion to adopt items 1(a) through (j) excluding (g) but the action on (g) would be to table. Is there a motion? Councilwoman Tjornhom moved, Councilman Laufenburger seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated June 25, 2012 -City Council Verbatim and Summary Minutes dated June 25, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 19, 2012 -Park and Recreation Commission Summary Minutes dated June 26, 2012 b. Approval of Bids for Rejuvenation of the Chanhassen Skate Park and Hockey Rink: 1) Equipment 2) Asphalt Resolution #2012-40: d. Approval of CIP Equipment Purchase: Tractor, Broom, Snow Blower. e. Approve Summary Ordinance for Publication Purposes for Mission Hills Planned Unit Development Amendment. 2 Chanhassen City Council – July 23, 2012 Resolution #2012-41: f. Intersection of TH 101 and Pioneer Trail: Approve Resolution for Grant Application. g. Table Approval of Fourth Restated Joint Powers Agreement with Southwest Transit. h. Approval of National Pollution Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) 2011 Annual Report for Submittal to Minnesota Pollution Control Agency (MPCA). Resolution #2012-42: i. Water Meter Radio Read Replacement: Resolution Rejecting All Bids and Authorizing Re-Advertisement for Bids. j. Approval of CIP Equipment Purchase: Third Production Array for Storage and Retrieval of City Electronic Data (SAN). All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Mike Poppitz: Hello. How are you doing today? Mayor Furlong: If you’d like to introduce yourself at the podium. Mike Poppitz: My name is Mike Poppitz. I’m the Manager of the Victoria Vics baseball team and Mary Thun asked me to come over here and present a couple of things to you from the wager that you had involving Chanhassen and Victoria. I see there’s a few policemen. One or two I know on your website they said that we stole the game. I don’t know if I’m going to get arrested before I leave here or not. Mayor Furlong: It was a tough eighth inning as I recall for the hometown favorite but getting. Go ahead. Mike Poppitz: Yeah, I’m supposed to give you this sign. I don’t know what she wants the sign for. Mayor Furlong: We’ll find a place for the sign. Mike Poppitz: Yeah, I thought maybe we could put it at second base at the ballpark. And your hat to be. Mayor Furlong: And the hat. The wager was that the mayor of the losing team had to, just a second. Mary Herberger Thun and I wagered on an excellent game between the Chanhassen Red Birds and the Victoria Vics. Unfortunately the Red Birds came out on the short end because of a tough inning. Eighth inning. Are you ready? And the loser mayor gets to wear a hat for the meeting so if anybody apologizes I’ll be wearing a hat this evening for the meeting and I expect that the Red Birds will play a little better next year so that I can bring a hat over to another city hall meeting. Mike Poppitz: I wish them the best of luck this year in the playoffs and that stuff. You guys got really a nice team. Mayor Furlong: It was a great game. Mike Poppitz: It was a good game. 3 Chanhassen City Council – July 23, 2012 Mayor Furlong: You have a great team too and you’re the manager of the team. Mike Poppitz: Yes I am. Mayor Furlong: The Victoria Vics and I, it was great to have everybody out there and thank you to the Red Birds organization. The city staff for both cities were invited to the game and that’s the start of a tradition. Hopefully one that I won’t have to participate in too long but…not on the losing end. Mike Poppitz: We’ve got a couple more hats. Different colors we can always use. Mayor Furlong: Let’s hope we don’t need them. Todd Gerhardt: He wears a lot of different hats. Mayor Furlong: Yes I do so, very good. Thank you. Mike Poppitz: Thank you very much. Have a good evening gentlemen. Mayor Furlong: Thank you. Any other visitor presentations this evening? Laurie Susla: Hi. My name is Laurie Susla. I’m a Chanhassen resident and I’m here for the Lotus Lake Conservation Alliance. Just to give you an update on what’s going on. We’ve been having a very successful inspection program thanks to the financing and support from the city and the financing and support from the watershed. Todd Hoffman’s been a great coordinator of the VOLT folks who are doing a great job at the ramp for Lotus Lake on all day Friday, Saturday, Sunday. They are also there on Monday through Thursday from 4:00 to 8:00 and we are supplementing those Monday through Thursday hours from 6:00 to 4:00 so that the ramp is covered full time, every day from 6:00 to 8:00 so that is a significant improvement over last year. Still not you know the 100% inspections that we’re hoping for at some point but significantly better than last year and then we just want to say thank you for your financial support and for working with the watershed to make that happen. We do want to ask about the AIS policy review that was a part of the key financial strategies for last year. We, in the key financial strategies that were passed the City said that they wanted to identify priorities for prevention and control of AIS in Chanhassen lakes and wetlands, including management, regulation and budgetary needs. And we’re just as a group a little curious about when that policy work will start. We know that the policy will have to be set before we can start talking about any financial stuff because you don’t want to put the cart in front of the horse so just you know something that we’re looking for at some point. I don’t know when that’s on the schedule. But we hope that the citizens of Chanhassen will have the opportunity to give some input to that and that it will be done in a public way and we just want to say again, thank you very much for your support and that things are going very, very well. No issues and it’s just going spectacular so thank you very much. Mayor Furlong: Thank you. As far as that aspect of the objectives, Mr. Gerhardt I had always assumed that once the seasonal inspections are done would be the time to gather and analyze data and information and look forward. Todd Gerhardt: Yeah. The inspection program runs through mid-September and. Laurie Susla: I believe you all are funding through Labor Day and we’re going to fund beyond that. Todd Gerhardt: Okay. And as a part of that program we’ll get our last inspection reports from VOLT and prepare a report that will come back to council. Another step in that process of course is the 4 Chanhassen City Council – July 23, 2012 budgetary. Preliminary budget needs to be approved by the end of August so there’ll be some discussions as a part of the budget process which will start first meeting in August and our second meeting in August and then set the preliminary level of the budget in the first meeting in September. Laurie Susla: That was kind of the concern is that it’s hard to set a policy. You know I mean it’s hard to set a budget without a policy so that was why we just wanted to mention that. Todd Gerhardt: Yeah. So they don’t line up perfectly this year but we’ll, you know we can have a good discussion during the budget process. Laurie Susla: Do you think that that preliminary data or the data that’s been collected to date will be enough for that? Todd Gerhardt: I think so and you know I think comparing the last two full months should give them good direction. Laurie Susla: Great. Okay, well thank you very much to all of you. Mayor Furlong: Alright. Anyone else for visitor presentations? I’d like to invite Lieutenant Enevold. Jeff Enevold for a visitor presentation. Lt. Jeff Enevold: Mr. Mayor, council, thank you. I don’t know whether to call you Mr. Mayor or Mr. V. Looks good. Alright, as you know the sheriff’s office has a recognition program that awards citizen coins to citizens who apprehend criminals, provide prompt action to aid injured persons or those in danger or other significant services to a sheriff’s office. Tonight I’ve got a great story to share with you about one of our business owners here in town who caught a burglar in his business and if Colin would like to come th up here I’ll introduce him. It’s Colin Proudee. He is one of the owners of the Edge on 78 Street and let me just say I’ve been in this business for 23 years and I’ve worked a lot of night shifts and done a lot of th business checks and it’s a dream of mine to do what this guy did here over the 4 of July and it never rd happens so this doesn’t happen that often but the story goes on Tuesday, July 3. It’s about 7:00 p.m. th Our officers respond to a burglary in progress at the Edge at 523 West 78 Street. Deputies arrived on scene. They noticed two males inside the business. One male was recognized because he is involved in other criminal activity in the city and he’s known as what we call a frequent flyer in the city. The other male was identified as Colin Proudee. Colin told us that he stopped by the business on his way home and he noticed the front door of the business was ajar. He thought maybe another business owner was in there doing something after work and he called in and got no response. The store was closed. All the lights were off in the business. Colin entered the business. Went upstairs and heard some noises. Stopped for a minute and paused and tried to figure out what the noise was and determined somebody else was obviously in the business. He saw a male in the rear upstairs of the business and asked him if he could help him. He identified himself as one of the business owners and the male told him that he went upstairs to, he wanted a shake. Well obviously the business was closed so Colin escorted the male downstairs. As he was bringing him downstairs he noticed a wad of cash sticking out of his pocket and he asked him about that and the male said oh no, that’s mine. That’s not from the business. Colin was able to get the male to write down his name and phone number and after further conversation with him he finally got him to admit that he did take the money from the business. Colin called our office. He told him that you know I’ve got to call the police and make a report on this. We arrived. The male was arrested for burglary and taken to jail so I have a citizen coin here. On the front of this coin it has 5 words. Respect, dignity, honor, integrity and pride. On the back of the coin it says given in appreciation for service to the community so on behalf of the City of Chanhassen, the Carver County Sheriff’s office it’s my honor to present you with the citizen coin and say thank you for your service to the community. Appreciate it. 5 Chanhassen City Council – July 23, 2012 Colin Proudee: Thank you. Mayor Furlong: Should we get a picture? Lt. Jeff Enevold: Sure. Colin Proudee: Thank you very much. Mayor Furlong: Any thoughts or comments? Colin Proudee: You know I just, I guess really what I’d do is recommend that citizens just be cognizant of what’s going on in the environment when you’re out there and be aware and don’t be afraid to contact your local law enforcement. They reacted extremely quickly. They were extremely cooperative and helped me out as a business owner and I thank you guys and I thank the community. It’s great to be a part of a business in a community like this where people do react and they do take things seriously. It’s unfortunate that it occurred in the first place but I do feel very confident that we came to a very positive resolution so thank you. Mayor Furlong: Anyone else for visitor presentations this evening? If not then we’ll move on to our next items on our agenda which are update from our law enforcement and fire department this evening. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold: Alright, I enjoy these nights where I get to come up here twice and talk to you folks. Alright, I have, I was asked earlier this year by Councilman Laufenburger to compare crimes in our city to other communities and every year the Bureau of Criminal Apprehension collects crime statistics from all law enforcement agencies in the state and they create what they call a Uniform Crime Report. They released this, the 2011 Report in July of this year so I was able to put this report together and what I did is I compared Chanhassen to the key financial strategy communities that you guys use and you can see the 10 comparison cities on the bottom of the first slide here. So let’s take a look at the next slide. Do I have control of that? Laurie Hokkanen: Yep. Lt. Jeff Enevold: Look at that, and I can’t read that so I’m going to pull mine out of here. So let’s take a look at the top chart. It’s a 2010 uniform crime stats. One thing to note, the City of Andover contracts with Anoka County so their stats were not included in this report as you’ll see that Chanhassen’s are not. I had to get our’s from our Records folks but the chart compares the population, Part I, Part II crimes, the number of sworn officers in each community and what I did is I took those numbers from the crime report and then averaged them at the bottom so we kind of get a comparison where Chanhassen stands with all these comparison communities. What I found is that Chanhassen has 46% fewer Part I crimes than the average of these communities. 45% fewer Part II crimes and 60% less officers than the average folks. Two communities had fewer Part I crimes. They were Farmington and Lino Lakes you can see. One community had fewer Part II crimes and that was Lino Lakes and it was only by 1. If we move to the bottom, is there any questions on the top chart here. I know we’re moving kind of fast but we’re good? Okay. Let’s take a look at the bottom chart with the focus on the thefts that I had last year and the first half of this year. Remember I came here and we talked about thefts and preventing them. I highlighted the thefts under the Part I crimes. I found that our community has 51% less thefts than the average so although you see our thefts increasing we’re still comparatively low compared to these other communities. Only 2 communities had fewer thefts, that was Farmington and Lino Lakes. Kind of seeing a theme here with Farmington and Lino Lakes are pretty similar to Chanhassen. If we move onto 6 Chanhassen City Council – July 23, 2012 the next, does that work? 2011 you’ll see similar that this report however did not have the number of sworn officers but I’m assuming the numbers are going to be pretty similar to 2010 and again I found that Chanhassen had 40% fewer Part I crimes and 37% fewer Part II crimes in 2011. Again the two communities that had fewer Part I crimes were Farmington and Lino Lakes and one community had fewer Part II crimes and that was Farmington. Again I highlighted the thefts because we were focused on those. There were 39, Chanhassen had 39% fewer thefts than the average of these communities so again we see an increase in thefts but comparatively we’re pretty low. What did I conclude from reviewing these statistics? Chanhassen is a very safe community to live in. I also concluded that contracting with the sheriff’s office creates efficient and effective model of policing. Now the next question I ask myself is why are these stats lower than the average and I came up with some reasons. Every year we select deputies who believe, who we believe are the best fit for the community. We select proactive, self motivated problem solvers. I think that helps us. We build a public safety plan each year with specific goals that address identified issues in the community and we modify it as necessary throughout the year. Deputies assigned to the community take a proactive role. They take ownership and pride in the city and they really don’t want crimes occurring in the community that they’re serving. We have the investigator here. I think that’s a big key here. He works closely with our deputies. They follow up on crimes immediately. They identify the suspects and then they solve the crimes. Crime Prevention Specialist. We have community partnerships. We have crime alerts. We have neighborhood watch groups that assist us. We participate in National Night Out. We have regular meetings with our seniors to talk about crimes affecting them and what they can do to protect themselves. We meet with neighborhoods to discuss issues affecting them and then we also meet with business owners that are having issues. We’ll walk through their business with them. We’ll discuss ways to improve security and prevent crimes so you know what I’ve concluded we have a very proactive policing model that helps us reduce and prevent crimes in the community, and that is my presentation. Any questions for me? Mayor Furlong: Any questions for Lieutenant Enevold? Councilman Laufenburger: Lieutenant Enevold, I am just, I’m blown away by the apparent superiority that not only the police force has as compared to these other cities but I think you said it very well. This community and it’s the community that owns this, whether it’s the neighborhood watches, all of those other things you mentioned, I think this is striking and I think it’s, these are statistics about which you and your organization should be very proud and I as a member of this community I’m also proud. I’m also, could you go back one slide? You know you mentioned Farmington and Lino Lakes. We have 15 sworn officers. Everybody else on here has at least, well Farmington and Lino Lakes have about 60% more. Lt. Jeff Enevold: Correct. Councilman Laufenburger: Are they, are Farmington and Lino Lakes both police as opposed to contract with county? Lt. Jeff Enevold: Correct. The only one on here that contracts is Andover. Everyone else has their own police department, yep. Councilman Laufenburger: Well, great report. Lt. Jeff Enevold: Thank you. Councilman Laufenburger: And I say this on behalf of the entire community, not only thanks to you and your entire police force but also thanks to this community who places a measure of significant importance on this community being a safe place to live, work and raise a family. Thank you Mr. Enevold. 7 Chanhassen City Council – July 23, 2012 Mayor Furlong: Yeah I think it’s, the numbers don’t lie and I think the efficiency and your comment about the success and the value received through the contracting police services, through the sheriff’s office are demonstrated with the numbers. That the activity that’s being done with fewer sworn officers. Now that doesn’t mean that we don’t gain the leverage of the entire sheriff’s department when necessary but that’s one of the advantages of the contract. Lt. Jeff Enevold: That’s the advantage of the partnership, yep. Mayor Furlong: Unlike those cities that have full police department, we receive those services on an as needed basis or on a variable basis and that makes all the difference in the world. Lt. Jeff Enevold: That’s correct. Yep. Mayor Furlong: So very good information. Thank you and thank you for the follow up. Lt. Jeff Enevold: You’re welcome. Mayor Furlong: Any other questions on any of the statistics? Councilman McDonald. Councilman McDonald: Well, I don’t really have a question. I mean congratulations. You just kind of validated what we all kind of feel so I really appreciate that but my big thing is, is it possible for us to get this presentation? Can you email it out in a pdf and everything so we can, because I’d like to keep those numbers handy because it answers a lot of questions and everything so thank you for all your very hard work and again tell the thin gray line we appreciate them. Lt. Jeff Enevold: You’re welcome, thank you. Mayor Furlong: Thank you. Chief Wolff was not able to be with us this evening but Mr. Siems is it? Assistant Chief Siems: Yes. Mayor Furlong: Good evening. How are you tonight? Assistant Chief Siems: Very well. Mayor Furlong: Good. Assistant Chief Siems: Good evening Mayor Furlong, members of the council, staff. My name is Jeff Siems. I’m part of the Chanhassen Fire Department. I’m here as training and safety that I specialize in and just want to talk a little bit about a busy month for the Chanhassen fire department. We’ve had within the last month or so we’ve had 3 significant fires. In addition to that we’ve also responded on mutual aid calls to a number of different cities including Chaska, Edina, Eden Prairie. We’ve been to Shakopee twice in the last month and Victoria so it’s been a busy month for us, which is a little bit different than what we’ve been talking about so far this year and it’s been mainly in the fire calls so far. In addition Chanhassen fire department has been extremely busy training and preparing ourselves. Year to date we’ve had 3,246 hours of training versus 1,361 hours the year previous. I’d like to highlight one th of our training opportunities that we utilized here on July 14. We had a structure that was donated to the fire department on behalf of Mike and Jody Shriver down on Foxford Road area and we were able to work with our mutual aid partners. 8 different communities came and helped us. We were able to provide invaluable training to 51 of our fire fighters and our neighboring fire department members and just wanted to make sure that we recognize the Shriver’s and the Foxford Road neighbors also for 8 Chanhassen City Council – July 23, 2012 allowing us to have this wonderful training so. We were able to get 15 fire evolutions in before finally doing a defensive fire evolution which involved water shuttling. That area of town does not have hydranted areas so one of the things that we wanted to do was make sure that we had a good plan in case an actual fire occurred down there and we were able to exercise that plan involving water shuttle operations and it worked very well, and we’re going to utilize this in the future in case we do have any emergency incidents down there. In addition the fire department has been busy with community th activities. We participated in the 4 of July events around here. One of the things that we did is we th provided lunch for city members and the law enforcement community on the 4 of July and we enjoy th doing that quite a bit so, and then of special note on July 13 Chanhassen Fire Department was invited to go down, take our ladder truck down to St. Paul where we were able to raise our ladder and support the flag for the ground breaking of the Minnesota Fallen Firefighter Memorial. Very proud of that. One of two fire trucks and St. Paul and Chanhassen were represented well so. Like I stated earlier we had 3 fires of significance. One of them was a commercial fire that was handled fairly quickly. Another one was an apartment fire and then the third fire that we had was, involved a multi-unit residential, like a townhome. I’m very happy to say that all were mitigated very quickly and with minimal damage so with that I ask if you have any questions for myself. Mayor Furlong: Very good. Any questions for the fire department? Mr. McDonald. Councilman McDonald: Yeah I see where two of the fire fighters, the rookies decided to resign. You had enough in the class, did we re-offer a position for those two slots or are they still open? Assistant Chief Siems: Those two positions are actually open. We brought one additional person on so with the two resignations we’re actually down one of what our slotted goal was. Councilman McDonald: Okay, thank you. Assistant Chief Siems: Thank you. Mayor Furlong: Other questions? Assistant Chief Siems, question on training. The hours of training are significantly greater this year than last year and I think you said you are the training officer. Assistant Chief Siems: That’s correct, I am. Mayor Furlong: So you’re putting in a lot of hours I assume. Thank you. Assistant Chief Siems: I am, thank you. Mayor Furlong: Thank you for that. Is there a guideline, and maybe it’s not a hard and fast rule but is there a guideline of how many hours a year you want fire fighters in a department to participate in training whatever that, and that training may vary from year to year and throughout the year obviously. Is there a guideline that the department follows? Assistant Chief Siems: There is. Actually we follow the NFPA guidelines for training and then the State of Minnesota also has guidelines that we try to adhere to and where some of our extra training has come in, our added hours this year is we’re providing extra training like the live fire training that we offer up in addition to the Monday night trainings. The other thing that we’ve done is we’ve taken on some safety initiatives and one of the, for example one of the things that we had our fire fighters do is take an emergency vehicle operations course which teaches them how to safely operate a large fire truck down to our fire SUV’s. Went down to Dakota County and on a closed course our fire fighters are instructed on 9 Chanhassen City Council – July 23, 2012 how to operate them safely and then almost push them right to the edge so they know what it feels like right before it starts to slip and stuff like that. Mayor Furlong: Okay. Alright, very good. Thank you. Assistant Chief Siems: Thank you. PUBLIC HEARING: PRESENTATION OF WELLHEAD PROTECTION PLAN, PART 2. Mayor Furlong: We’ll start with the staff report presentation this evening. Mr. Oehme, good evening, and then this will include a public hearing after the presentation is that correct? Paul Oehme: That’s correct. Mayor Furlong: Okay, thank you. Paul Oehme: Thank you Mayor, City Council members. I’d like to briefly run through the update to our wellhead protection. By now this is the plan that helps protect our ground water and where we get our drinking water from so protected for clarity and for contaminates so. This plan is ongoing. The City had started the update to the plan about a little over a year ago. The requirements are for the plan are included in the Safe Water Drinking Act at the federal level and then those guidelines are adopted by the Minnesota State Rules under Chapter 4720.51. Original plan was adopted back in 2002 and every 10 years the Department of Health requires that these plans be updated and this is 10 years since our last update. Wellhead Protection Plan has basically two parts. The first part is delineation of the Wellhead Protection Plan in the DWSMA area. It’s where the capture zone for our wells are located and then the management, how we plan to implement or improve the drinking water capture zones in our community and within the DWSMA. So just briefly I’d like to go through each part of the plan. Again Part I is more than data analysis and Barr Engineering did help the City with the ground water modeling and John Greer with Barr is here tonight if council has any questions regarding the modeling. But basically the Wellhead Protection Plan delineates a 10 year ground water timeframe within the aquifer that is being currently looked at. Included in that modeling is course media and in fracture flow evaluations which are mainly used in the Prairie Duchene, the higher elevated aquifer that is modeled and these are kind of the updates that the Department of Health required this year for this update. The DWSMA delineation identifies the geometric or geographical boundaries that encompasses the Wellhead Protection Plan and I have a map showing exactly what that is, and the aquifer vulnerability in the majority of the DWSMA is considered low. In Chanhassen we do have tight soils so there’s not a lot of moisture that from the ground surface that ends up in a reasonable timeframe in the aquifers that we get our drinking water from. However there is one area in town that incorporates around Well 11 that is a moderate, classified as a moderate vulnerability area. In conjunction with the Wellhead Protection Plan there was an open house that was held last year in October. So this is an exhibit showing where our DWSMA location is and in conjunction with the municipal wells that we have here in the community. This is basically showing, representing over a 10 year period where potentially water in that aquifer would basically come from, and this is modeled again using pump tests for each of the wells or data that we’ve obtained from other communities. Pump tests and putting all that information and model knowing what the transivity is of the aquifer. That’s how this information is estimated. So Part II of the plan, it’s more implementation of the plan and how we intend to improve or identify and capture data in the DWSMA area. So this discusses the data elements of the, so what we did we discussed the data elements that the plan has identified and wanted to include in our report. We also did some inventory of potential contaminate sources within the DWSMA. This is identified through PCA records, CPA, County Wellhead County records, those type of things so it’s all included in the plan. In discussion of changes, issues, problems, opportunities related to municipal water supply are also identified at a staff level. Talked about those type of things with our 10 Chanhassen City Council – July 23, 2012 consultant and the Department of Health as well. Kind of updating our current plan with those items and then potential contaminate sources, management strategies and goals, objectives. Again action plans associated with managing the DWSMA area. And then review of the City’s Wellhead Protection Evaluation Program and Alternative Water Supply Contingency Strategies as well too so kind of our emergency management plan that was adopted in 2008. Just reviewing that plan and make sure it’s up to date. So again the goals for Wellhead Protection Program Plan, maintain or improve our water quality within the city’s water supply area. Provide information, promote activities that protect the aquifer by the City and then collect data and support future wellhead protection work as well so this is a collaborative effort. Just not completed by the City Engineering Department. It’s through planning and then opportunities that we have with other communities as well. And then potential contaminate sources, we inventory that again. Water wells active and sealed wells. We’ve identified the wells within the DWSMA area, both private and public. Irrigation wells. These wells are good conduits for contaminates to get into the aquifers and potentially affect the water quality of our ground water and drinking water so our focus here is to, if wells aren’t being used, utilized try to encourage those wells to be sealed through permitting as best as we can so potential contaminates cannot get into the ground water. Then classified wells by properties that may or may not be present within the city. These wells are old automotive floor drain type systems that potentially would leak oils and grease into the ground. Another classified well is a septic system that has more than 20 units that you typically would see in an apartment complex. We don’t have those within our city anymore but the Department of Health requires us to include those type of discussions and look for those potential sources within our plans as well. And then also storage tanks above and below ground. The EPA, PCA has good information on how to best manage those type of tanks. Make sure the inspections are up to date and the City would like to distribute, staff would like to distribute that information to property owners within our community. Make sure that those storage tanks remained properly. Active plan in protecting the water, source water aquifers within the DWSMA. Again the wells, distribute the information. Property operations and maintenance for private wells. Again the EPA and Department of Health have good information on how to best maintain those wells and the limited possibility of getting contaminates in the well. Proper sealing and unused, and unmaintained, damaged or abandoned wells. Here again working with property owners or businesses or whoever has a well to encourage them to seal up those wells that Carver County does have an incentive program where they have grant funds available for sealing those type of wells so just today there was a property owner that stopped in and was inquiring about that so we distributed that information to property owners and businesses and encourage them to apply for those grants. Support and identify the currently unlocated wells within the DWSMA. The Department of Health records and the County well index does not always have all the current information so if we find information that’s been on those records we try to disperse that information to all the agencies so it is on the records and everybody knows that it’s out there. Maintain current data bases of high capacity wells within our or near the DWSMA too and that’s just talking with other communities and just making sure everybody’s up to date on what wells are in the area and the DWSMA’s. And then again provide classified well information to potential property owners within our community. Storage tanks, again provide that information to property owners that we know have underground storage tanks, above ground storage tanks, proper maintenance, those type of things. And then again other action plans are to keep the inner wellhead management zone free of potential contaminants. Just monitor those things through planning and zoning issues. Distribute Wellhead Protection Program information via Chanhassen Connection, the City’s website, Wellhead Protection Program information brochures that was included in your packet and then continue to distribute the Consumer Confidence Report. That’s through the Department of Health. That’s an annual report of what our water quality of our community’s wells is and the treatment, and then include a review of the wellhead protection as part of the normal zoning and planning review process and once the plan is completed we’ll distribute the plan to neighboring agencies, cities and planning departments in the county so everybody has a copy of what our intent is to try to manage our DWSMA water management areas so. Other actions again continue to monitor static and pumping levels in the City’s wells. We have a SCADA system that we can monitor our well, our static and pumping levels within the aquifer so we have records. 11 Chanhassen City Council – July 23, 2012 Historical records of that. Continue to work with the Minnesota Department, the DNR to monitor and protect Seminary Fen from pumping and city’s wells. We annually give data to the DNR for static levels within our aquifer annually so they can put that information in their model for the Seminary Fen study that’s ongoing, and then collect additional local geological, hydrostatic information as it becomes available. This information is typically gathered when new wells are drilled or projects are improved within the community so, and then verify locations of potential contaminant sources within the DWSMA identifying the future and maintain a current database of potential contaminant sources. Again that’s working with the County and the PCA and Department of Health on those record updates. So with that tonight we’d like to hold a public hearing to talk about the proposed plan, the draft plan. Anticipated submittal to the Department of Health for their review is the first of October and the Department of Health has 60 days to turn that plan around and comment and we anticipate getting back to the council for final approval sometime in November. So with that if there’s any questions by the council I’d be more than happy to try to answer them and again we request that a public hearing be held at this time. Thank you. Councilman Laufenburger: What’s the aquifer that we tap into mostly? Paul Oehme: We draw most of our water from the Jordan aquifer. Councilman Laufenburger: And what other communities tap into that as well? Paul Oehme: Most of the communities in the metro area here tap in or utilize the Jordan aquifer for their potable water source. Councilman Laufenburger: Okay, thanks. Mayor Furlong: Any other questions at this time? No. At this point then I would open up the public hearing and invite all interested parties to come forward and address the council on this matter. No one this evening? Okay. Without objection we’ll close the public hearing and then direct staff to complete the items necessary to submit to continue with the schedule. Submit the document. We’ll see this back then later this year after you receive comments back from the Department of Health correct? Paul Oehme: That’s correct. Mayor Furlong: Okay. Paul Oehme: Thank you. Mayor Furlong: Very good, thank you. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) AMENDMENTS: REQUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: MEADOWS/WOODS AT LONGACRES, MINNEWASHTA CREEK, AND RED CEDAR COVE; INCLUDING APPROVAL OF SUMMARY ORDINANCES FOR PUBLICATION PURPOSES, APPLICANT: CITY OF CHANHASSEN. th Kate Aanenson: Thank you. This is our group 4. There are 4 subdivisions in this group. On June 10 the Planning Commission did review this, these for one application and no one spoke at that public hearing and the Planning Commission recommended 4 to 0 to recommend to you approval of the rezonings. There was a neighborhood meeting held at the library here. There was actually about 286 notices that were sent out. Of that 10 people attended the meeting. I think most of them were from the 12 Chanhassen City Council – July 23, 2012 Red Cedar Cove area but it’s always good again to interact with residents. So again we’ve got the great website. I think that’s really helped us with the amount of people to king of again remind what we’ve communicated with our residents. Remind the council again it’s not our intent to bring everybody into compliance. There are some out there but it’s our intent to make an easier process for our residents as they go forward. So with that these are the four neighborhoods that we did. Kind of scattered in that northwest corner of the city. So the first one will be the Meadows at Longacres and with that subdivision there was approximately, we’re going with the Residential Single Family as our underlying zoning district and the four subdivisions that are in there. If you look at the compliance table, some of those wetland setbacks, there’s big buffers there but if you look on that southern edge, even along Highway 41 there is a significant wetland buffer that’s required so on some of those wetlands there they say 125 feet but back then the property lines went out into the wetlands and out into the lakeshore so there is larger wetland setbacks, and that’s the unique attribute of these PUD’s is that each of the individual lots has different requirements and that’s what’s really nice to be able to communicate with the residents what their unique attributes are for each individual lots. So with that there’s 127 single family lots. The minimum lot size is 11,000, 90 by 100 and again the compliance table goes with the ordinance because there’s different attributes. The Minnewashta Creek, there’s actually 4 additions. This is also unique. This is on the very northern edge of the city. There’s actually twin homes and single family located in this subdivision. So with this subdivision we actually went with a residential low, medium density district. That provided the ability to have one zoning district but to accommodate both of the different lot sizes. So within that you can see the four different subdivisions and there were twin homes and there are 27 single family and actually 10 two unit buildings, and actually when we went through this subdivision this did allow commercial uses which is now being removed from the residential. Fortunately we didn’t find anybody that was operating in that way but it actually did permit some commercial up there so. Then the Red Cedar Cove. This is an older townhouse. Back in 1995. This also has a beachlot associated with it and this is where we had many of the 10 people were from this association itself and they run a great association up there. The other thing we mentioned too when we do the PUD’s, we’re also able to reference the beachlot so they can find their information on that and they manage that themselves. We just put together the criteria and not everybody in there gets a slip but they figure out how all that works themselves so again there are one duplex and four fourplexes up in that subdivision so the minimum lot size is just the property around the buildings. And as we stated these are probably the least flexible unit because people typically don’t add onto these sort of things and they have a lot of common space that accommodates their needs. Oops, did I miss the Woods? Did I do the Woods and the Meadows? I guess I did them all four. Okay, so there was four of them in there. I went kind of fast, sorry. So the recommendation then would be to actually approve the rezonings, the Findings of Fact that are attached with each of those, the ordinances, and then we’d also request that you’d adopt the Findings of Fact and the publication of the summary ordinance for those three subdivisions also so with that I’d be happy to answer any questions that you may have. Mayor Furlong: Thank you. Any questions for staff? Kate, why are we not being asked to approve the publication for rezoning. Kate Aanenson: I think we should. It may have got left off there. Mayor Furlong: Is there any reason that it shouldn’t be? Kate Aanenson: No. Mayor Furlong: Okay, so we’ll. Kate Aanenson: It doesn’t hurt to put it in. I would recommend a publication for all four. 13 Chanhassen City Council – July 23, 2012 Mayor Furlong: For all four? Kate Aanenson: Correct. Mayor Furlong: Okay. Alright. Any other questions? This is the third or fourth time we’ve been through this process and again we’ll start by thanking you and your staff for all the detail work that goes in behind this. By the time it gets up to us you know the work’s been done. All the details and items have been checked and we appreciate the diligence with which you pursue that so thank you for that. If there are no other comments or concerns, would somebody like to make a motion? Councilman Laufenburger: Just a question Mr. Mayor. Kate, just to confirm. The residents in these four areas, as a result of our action tonight they have to do nothing in order to be in compliance, is that correct? Kate Aanenson: That’s correct. We know based on, we did aerial maps of all the neighborhoods at the meetings and I think that’s been a good conversation piece for our residents to come talk and we do get calls from people that say I might be too close. We are not going to force anybody to come into compliance. What we would do is that on a case by case basis, if they were to come in and ask for an addition, a new deck, and then we’d kind of look over and see where they’re at and make that kind of going forward at that point. The Planning Commission just had a variance when someone, an application was actually improving some situations so they granted the variance and that’s kind of how we wanted to respond in a proactive way so we’ve had a lot of conversations. People on the phone that know they might be in some gray area, we’ve kind of worked through all those and I think it’s been very productive as a communication tool. Councilman Laufenburger: Thank you Kate. Thanks Mr. Mayor. Mayor Furlong: Yeah and I guess to clarify. Mr. Laufenburger raises a good point. Not only do they not have to do anything but the ordinance that’s being put in place isn’t necessarily taking away any rights that were provided by the PUD. In other words it’s not more restrictive than the PUD was more generous than whatever the issue was, is that correct? Kate Aanenson: That’s correct and I think the main thing we tried to communicate is they were built to those standards. Mayor Furlong: Right. Kate Aanenson: So what we did then is added to that by saying if you want to add on, this is your underlying district that allows you some flexibility. If your ordinance was silent on an accessory structure or a home occupation now it’s just kind of, it deepens that requirement so those are the standards they were built to. Mayor Furlong: So there’s no reduction in property rights that’s taken place by this. Kate Aanenson: That’s correct. Mayor Furlong: And there’s nothing that has to be done to be in compliance once it’s passed. Thank you. Any other discussion or would somebody like to make a motion? Mr. McDonald. Councilman McDonald: I’ll do a motion. 14 Chanhassen City Council – July 23, 2012 Mayor Furlong: Thank you. Councilman McDonald: That the Chanhassen City Council approves the ordinance amending the following planned unit developments: Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove and that we adopt the Planning Commission Findings of Fact and approve the publication of summary ordinances for Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Councilman Laufenburger: Second. Mayor Furlong: Well that was pretty much a tie Todd. I’ll let you figure out who got that one. I’m staying out of that. Todd Gerhardt: A tie always go to the lady. Mayor Furlong: Motion’s been made and seconded twice. Is there any discussion? Hearing none we’ll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the ordinance amending the following planned unit developments: Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove, adopt the Planning Commission Findings of Fact and approve the publication of summary ordinances for Meadows at Longacres, Woods at Longacres, Minnewashta Creek and Red Cedar Cove. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: I would like to start by thanking Councilwoman Tjornhom for stepping in for me at the, for the Senior Center dinner. A week ago I had to, each year I’ve given an update of city activities to a group of seniors at the senior center and was called out of town for a family commitment and Bethany, Councilwoman Tjornhom stepped in for me so thank you for doing that. I hope it went well and they treated you okay. Councilwoman Tjornhom: You know I was grateful no one left. When they found that you weren’t coming I thought oh oh, but no they all stayed and I actually loved the experience so thank you so much for that so they’re a great group. Mayor Furlong: They are a great group and I heard some good comments from people afterwards so, on the job you did so thank you for that. Councilwoman Tjornhom: Well I think I told you I didn’t do the power point. I just showed them your driver as mayor right and your ivory tower. Mayor Furlong: It’s the Taj Mahal. Councilwoman Tjornhom: And how good it is to be mayor so. 15 Chanhassen City Council – July 23, 2012 Mayor Furlong: Yeah, you get to wear hats. Councilwoman Tjornhom: That’s right. Todd Gerhardt: I was in attendance. She just had them in the… She missed her calling already so. Mayor Furlong: Well maybe we’ll find other opportunities. Todd Gerhardt: Oh, we’ll have to. Mayor Furlong: That can be done. Todd Gerhardt: I think she mentioned how much she loved to be on the Transportation Advisory Board too so. Mayor Furlong: Other council presentations, comments. Mr. McDonald. Councilman McDonald: Laurie was in here a little bit earlier but I did want to just kind of extend a thank you to the South Lotus Lake folks and everything. I did attend their, I don’t know if you call it a barbeque or their social gathering this past Saturday and very nice conversation and you know again they didn’t put a whole bunch of zebra mussels on me or put me on tar and feathers so I felt welcomed so I really appreciated all that and it was fun. th Mayor Furlong: Anything else? This is our first meeting that we’ve had since our 4 of July celebration. While it seems like a long time ago I do want to say thank you to everyone that was involved. We had the Chamber of Commerce put on the business fair. The Chanhassen Rotary Club was very involved with the beer tent and the Taste of Chanhassen and the antique car show. Our fire department was involved. The sheriff’s office. Of course our city staff. Number of different organizations. Businesses and all the residents that participated. Thank you. It was a great turnout in spite of the temperature but when you think of the number of people that did come out in spite of the temperature it really tells you that that’s something that people look forward to and everyone enjoyed themselves so while some of the attendance was done at some of the events I know it was strictly because of the temperature and not because of the event itself so thank you to everybody for doing that and we had very few, just a couple of incidents th because of the heat but really nothing to speak of so Mr. Gerhardt, Mr. Hoffman, any comments on 4 of July celebration this year? Todd Gerhardt: I think Todd and his staff did a fantastic job. I think they’re finally starting to recover here. Attendance was down a little bit but you know I think primarily the big factor in that was kind of th the 4 falling in the middle of the week and a little bit of warm weather there but still all in all it was a great event. The street dance, the chamber tent, everything went off without a hitch and we did have a couple of small accidents and we dealt with those issues and other than that I think everybody had a good time. Todd, anything to add? th Mayor Furlong: One last thing, I mentioned National Night Out is coming up on Tuesday, August 7 and that’s really an opportunity we saw this evening from Lieutenant Enevold, the really good numbers, the good data regarding safety in our city and National Night Out is one of the aspects that helps us live in a safe community but I do want to mention too, last week Beth Hoiseth, our Crime Prevention Specialist also organized and put on the Safety Camp, which is a gathering of 60, 70, sometimes up to 80 children that are going into third or fourth grade and it’s a day long safety camp out at the Rec Center and I know that the sheriff’s department and again a number of volunteers from the fire department was out there and a lot of the park and rec staff are out there but they’re really teaching children how to be safe themselves 16 Chanhassen City Council – July 23, 2012 and how to ride their bikes and other things so I want to thank everybody that was involved in that. It was a warm day and I think the children really enjoyed being sprayed by the fire hose as well. Not sure how that fits into safety but it’s a good event and I thank the parents too for registering their children for that event. It’s always a fun event for the children and it’s fun with a purpose. They learn something as part of the process so thank you to everybody involved there. Any other council presentations? If not, Mr. Gerhardt. Administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: We have a new branch manager at the Chanhassen library. Cathy, and I’m not even going to try to pronounce her last name because I know I’ll butcher it all up but she is going to come in and meet with all our department heads tomorrow at our staff meeting so you know we’re going to welcome her to the community and get to know her and start building new relationship with Cathy so we’re excited about that. Projects are moving ahead. Highway 5 has been closed for a while here and the underpass is a little over half done and so that’s on schedule. We’re starting to pick up activities on Minnewashta Heights project. Try to schedule a tour, if council’s interested, in a couple weeks here they’re going to put that fiber, metal filing blanket down in a couple of weeks and I think the council is really interested in seeing how that’s going to work so best way is to go out to the site and see the installation of that work. And then I thought maybe we could tour the 41 trail and the water tower which are both on schedule also as a part of that. Mayor Furlong: That’s sounds good. Are you planning to do that the evening of a council meeting or? Todd Gerhardt: Yeah. Mayor Furlong: Or another evening. th Todd Gerhardt: You know I think if we’re here on, what is it? August 13 we should be getting real close to putting those metal filings down at that time. Mayor Furlong: Okay. Alright. And with regard to the other projects you say they’re moving along fine and on schedule for the water tower and trail. Todd Gerhardt: Yep. Yep. The water tower, the pedestal has been completed so the concrete pours have been completed. They’re starting to fabricate the reservoir portion. The upper part of the water reservoir and so once that’s completed they will raise it up and maybe we should have a raising but that portion should be completed oh probably in 4 to 5 weeks. Mayor Furlong: And when do we expect that water time to come on line then? Todd Gerhardt: That’s a good question. Paul Oehme: It depends on how the fall goes. If we have a warm fall we can paint the tower. If not we might have to wait until spring to paint the tower so, and then have it operational early part of next year. Mayor Furlong: Okay. And the painting includes an inside coating? Paul Oehme: Inside and outside, correct. Mayor Furlong: Alright. Any questions for Mr. Gerhardt on those or any other items? No? 17 Chanhassen City Council – July 23, 2012 CORRESPONDENCE DISCUSSION. Mayor Furlong: Any comments or discussion on the correspondence packet? Councilman Laufenburger: Just that I was very pleased to see the letter from the City of Sartell complimenting our fire department for participating with them. I just think that you know what we contribute to other communities I know that those communities will contribute to us in our time of need too so that’s great to see cooperation that Chief Wolff in the organization. Mayor Furlong: Thank you. Any other comments? If not, if there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilman Laufenburger moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 18