1e Approval of Minutes
CITY COUNCIL WORK SESSION MINUTES
MONDAY, SEPTEMBER 20, 1999
MEMBERS PRESENT: Mayor Mancino, Council members Engel, Jansen, and Senn.
MEMBERS ABSENT: Councilman Labatt
STAFF PRESENT: Scott Botcher, City Manager; Todd Gerhardt, Assistant City Manager;
Phillip Elkin, Water Resources Coordinator; Bruce DeJong, Finance Director.
CLOSED EXECUTIVE SESSION: The council convened at 5:00 p.m. and promptly went
into closed executive session regarding threatened litigation from Lakeview Hills Apartments.
PIONEER TRAIL/TH 101 DRAINAGE PROJECT: At 5:30 p.m., the council reconvened in
a special city council meeting to authorize advertising for bids for the Pioneer Trail and TH I 01
Drainage Project. Water Resources Coordinator Phillip Elkin presented the staff report and
stated that the construction estimate could fluctuate between $30,000 and $40,000 less than the
actual estimate. The council expressed concern about bidding a project that benefited so few
people on private property, that the project was not included in the budget, and that the council
did not have the opportunity to determine whether a project should be considered at all. Staff
explained that in 1998 the council received a memo stating that since the Lake Ann Park project
was not going to be completed that the Water Resources Coordinator would conduct a feasibility
study in this area. Photos were shown of the area in totally flooded condition that indicated the
septic systems were in danger of becoming inundated, as water levels were right up to the base of
mound-systems. Staff'explained that this type of flooding condition was not happening to this
extreme in any other part of the city.
Staff explained that this problem was created during county road construction and that there was
nothing the homeowners could do as individuals to alleviate the problem. The culverts in the
area need to be reinstalled or lowered to sufficiently drain the area. Mayor Mancino and
Councilwoman Jansen agreed that the city has a responsibility of working toward a solution, but
that the county should be contacted to have them do the work or at least share in the
responsibility.
A motion was made by Mancino and seconded by Senn to approve getting bids for simply
lowering the culverts and to contact the county regarding sharing responsibility. The following
voted in favor: Mayor Mancino, Councilmen Engel and Senn. Councilwoman Jansen voted no.
Motion carried.
Councilwoman Jansen stated that she felt the city should bid the project as designed to see what
the bids were and then make a decision whether or not to go ahead with the project.
At this time, the city council adjourned from its special city council meeting and began the work
session.
City Council Work Session
September 20, 1999
}IRA NOTIFICATION PROCESS: Staff members-from Carver CountgI-I -1L~ ~wererpre~(~
discuss the notification process. Manage_r.Botcher indicatedthat~he WanneSt in,favor o~the~
council holding public hearings regarding HRA develOPment project's~-~thin t_h.~c
the city's ability.to deny or uphold HRA activity~ithin the city was, candidly, quite lim~ed~4~
was .felt that ~twould be counter productiv~ to hold a-pubhc =hearmg _under-the gmse that
could actually to do something about tl~ proposal. · : :~ · . .--'
The HRA expressed a strong willingness to participate with the cityin agYnotffi~cation
the council sees fit. Following discussionofman~; differentOptions, it~ts~agreed-that-both~/}}
-Carver County HRA and City staffwill work closelytogether and-Carve_r= Com~ty. HR~
ready to meet with the councilany time ~toprovide full and complete n~oti_'fieati°nto 'it ahd
RESOLUTION REGARDING SCHOOL mSTmCT 2 RE ERE- mmr two
of District 112. were present to seek council support fora resolution endorsing the District
referendum. Several council members andcity'staff expressed cOncems*boi~ the
the.city council endorsing a referendum for the schogl district, Thec6nsenSus on l~eh~lf
council was that they could support a resolution indicating-that citizens~ho~id h~¢ome e
and be active in the voting process, but thai it was Probably inappropriat* t-o taken positior~i}
.way_or the other on the referendum. "· - :' - - -
-1998 AUDIT REPORT. Ta~ges Redpath, municipal auditors for fiscal_. Year .L098, present~!3~
the audit report for this same year. - ' · ~ - -- '-
Tautges Redpath initially discussed what an audit actually was-and-how i~t waspe-rformed.,
discussed briefly some of the samphngteclm~ques utdtzed to ensure a fu}land accu me -
:representation of t_he financial transactions~made, by the City
Following council and staffque~tions of. _t!~_ _auditor,.!~ was g~eed ~-hat~
the council would take action, probablyon the. Consem Agenda~to offlci~'[yf~d_~t~the~fts._0.'~
At this time severaLsmall
adjo _urned -
CITY COUNCIL WORK SESSION
OCTOBER 4, 1999
The city council met in a work session on Monday, October 4, 1999 at 5:30 p.m. The following were
present: Mayor Mancino, Council members Jansen, Labatt, and Senn. Councilman Engel was absent.
Staffpresent were: Scott Botcher, City Manager; Richard Rice, IS Coordinator; and Bob Zydowsky,
Chief Law Enforcement Officer. Others present: Bud Olson, Carver County Sheriff, Denny Owen,
Carver County Chief Deputy; Melissa Brechon, Carver County Library Director; Jill Shipley, Friends of
the Library; Leah Hawk and Bob Ayotte.
KMC PROPOSAL: Richard Rice and several representatives from KMC Parallel Technologies were
present to discuss the proposed fiber installation project. The council had some concerns about what they
perceived as a potential lack of performance under the agreement between the city and KMC insofar as it
related to the provision of drops from the backbone to the municipal buildings in question. There were
several questions about the ability of the city to utilize any local access carrier on the KMC backbone and
no firm answers were received from the KMC representatives. That being said, the city manager was
instructed to have Brian Grogan, special counsel to the city on telecommunications issues present himself
to the council at a work session so a full and frank discussion of legalities could be held.
LIBRARY NEEDS ASSESSMENT: Melissa Brechon, Carver County Library Director; Barry Petit
with Meyer, Scherer and Rockcastle; and members of the Library Board were present to discuss the
.recommended library needs assessment. Following an RFP, the City Manager in conjunction with the
Carver County Library Director, recommended retaining MS & R for the performance of a library needs
assessment for the provision of library services in the City. of Chanhassen. Mr. Barry Petit, print!pal with
this firm was present to discuss library development issues with the council. The discussion focused on
the work plan which was included in his packet and the utilization of the fiscal assets held by the city in
its downtown and how the maximization of these physical assets would be in the best interests of not only
the library but of the community as a whole. At the end of the presentation, there were no questions on
behalf of the council and the City Manager indicated that this item would appear as a consent agenda item
on October 11, 1999 council agenda.
POLICE CONTRACT AND PROPOSALS FROM SHERIFF BUD OLSON: Sheriff Bud Olson and
his staff were present to discuss the options indicated in his memo dated OctOber 4, 1999. There were a
wide range of questions regarding policing services and the evening served largely as an educational tool
for citizens, staff, and for Carver County Sheriff's personnel as well. At the end of the discussion, it was
agreed that Sheriff Bud Olson and his staff would be invited to appear at the October 11, 1999 council
meeting and that the council at that time may be in a position to provide staff with some direction for the
development of an agreement with Carver County and the Sheriff's Department for the provision of
police services. It was agreed that this contract, in addition to the standard language previously held,
would also include performance measures clause(s) which would .allow the city and the Sheriff's
Department to benchmark the performance of the Sheriff's Department under the terms of the contract
and allow the city to start developing a trend line so it would be in a better position to determine What
police services were necessary and desired in future years.
The work session concluded at approximately 9:00 p.m.
Scott A. Botcher
City Manager
CHANHASSEN CITY COUNCIL
REGULAR MEETING
OCTOBER 11, 1999
Mayor Mancino called the meeting to order at 6:30 p.m. The meeting was opened with the Pledge to the
Flag.
COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Senn, Councilman Labatt,
Councilman Engel and Councilwoman Jansen
STAFF PRESENT: Scott Botcher, Roger Knutson, Todd Gerhardt, Sharmin A1-Jaff,
APPROVAL OF AGENDA: Mayor Mancino moved, Councilman Labatt seconded to approve the
agenda as modified to move item 6 to 3B.
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman Senn moved, Councilman Engel seconded to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
a. Award of Bids for Telemetry System Upgrades (Y2K), PW385.
bo
Resolution #99-83: Approve Change Order No. I to Arboretum Business Park Water Tower
Contract, Project 97-IB-1.
Resolution #99-84: Approve Change Order No. I to Well PumphOuse No. 8 Contract, Project 97-
4A.
Approve Revised Grading, Utility and Street Construction Plans & Specifications and
Development Contract for Arboretum Business Park 3rd Addition, Project99-5.
eo
Approve Contract with Meyer, Scherer, and Rockcastle, Ltd. To Complete a Library Needs
Assessment.
f. Approval of Bills.
Approval of Minutes:
- Work Session Minutes dated September 27, 1999
- City Council Minutes dated September 27, 1999
Receive Commission Minutes:
- Planning Commission Minutes dated September 15, 1999
ho
Resolution #99-85: Award of Bid for Temporary Traffic Signal at TH 41 and 82® Street, Project
97-1B-3.
All voted in favor and the motion carried unanimously.
City Council Meeting-- Oetoberl 1, 1999 - - - - .- ' - - ~:~
~.APPROW SWCOm)-AM~MENTTO LAK~W~WHmLS S~C~-L~Ss~;sS~~ ~
being that a clausebe added to the agreement-whereby ifth-¢ City
greater value, that the applicarmthen-has 72~hom close Or the ( '
somebody else. Andsecondly I wanted tcrinclude, let'f
AGREEMENT.
Councilman Senn: I.just pulled that fora separate vote. ' '
Mayor Mancino: Then may I have a motion please for 1 (i).
-'Councilwoman Jansen: Move approval. ·
Mayor Mancino: I'll second that.
Councilwoman Jansen move~
Lakeview Hills SpecialAssessment Agree~ntas-
Senn w. ho opposed,and~the marion carried with a' vOteof4 to 1.
REDUCTION OF PRICE
Councilman Senn: I p led(j) to
to extend the purchase closing date to March
which my motion will mirror basically or-keep those in,
contingent upon if the hotel site plan isdenied, that it will be~automatieall
to ~ou know go on, I mean thepurchaseagree~ent wouldbe can6etled at
Mayor Mancino: Anydiscussion on that? _ '
Scott Botcher: Does thatdenied also include withdrawn?
CouncilmanSenm Yes.
S~o~ Botcher:
'Cou il~nS Okay
nc enn: ,
Mayor Mancino
Co~flmanSe~: That's~my ~o~onso. ~
Councilman En
Mayor' Mancino: Allthosein favor.
Scott Botcher: One mom questionbeforeyou~.J~tto clarify,
than certainly I ~. Do youmeanm say simply ctosewit~. 72 hours
-asking because I m~tin the busines~m y~eanso~:ofteli me.
City Council Meeting - October 11, 1999
Councilman Senn: Generally you would have it as basically closes in 72 hours.
Councilman Engel: At the increased price?
Councilman Senn: No, at their deal. I mean that's.
Mayor Mancino: At the deal we have with them right now.
Councilman Senn: There is another approach. The other approach is to have them meet the other offer
but that means if we get a higher offer, to meet the higher offer and the timing of the new offer. What I
was trying to keep this simple in a sense that you know effectively give them the right to extend the
agreement, but if we do end up with another buyer, they've got to perform.
Scott Botcher: And I'm just asking the question if you have to extend the time and you get enough for it,
is it worth it? I mean you don't know that because you don't know. I'm just raising the issue.
Councilman Senn: I know that but I'm assuming you'd come back to us with the timing so we'd have to
right?
Scott Botcher: Yep.
Mayor Mancino: Okay, everyone understand the motion and any other discussion? No? Then
discussion that just took place? Okay. The motion, we've had it seconded.
Councilman Senn moved, Councilman Engel seconded to approve the request for extending the
closing date to March 15, 2000, or until denial or withdrawal occurs, and denying the request for
an adjustment in the purchase price. This approval is contingent upon a clause being added to the
agreement whereby if the City receives another offer or equal or greater value, that the applicant
then has 72 hours to close or the City has the right to sell the parcel to somebody else and
contingent upon if the site plan is denied or withdrawn, that the purchase agreement will be
automatically cancelled. All voted in favor and the motion carried unanimously.
VISITOR PRESENTATIONS: None.
PUBLIC HEARING: RESOLUTION REGARDING LEVY CERTIFICATION TAX RATE
INCREASE.
Scott Botcher: Brace is at an award banquet for his former boss in, I think the place is called
Minnetonka. I'll just read directly from Bruce's memo. The '99 legislature adopted a requiremeni that
cities hold a public hearing and adopt a resolution before authorizing a tax rate increase for the following
year. This process is in addition to the Truth in Taxation process that the City normally follows. It has
been determined by the County Auditor that the proposed 2000 levy adopted by the council may result,
and I stress may result, in a tax rate higher than the one for 1999. Obviously that's not known at this
point until such time as the valuations are set and secondly is that the amount to be levied is set. This
resolution merely allows for the possibility of adopting the proposed levy or something in-between the
proposed levy and last year's levy at the hearing in December. And that's in essence what you have and
you heard the City Attorney speak to it at the work session beginning at 5:30.
3
City Council Meeting - October 11, 1999
Mayor Mancino: Any discussions before we open this up for a public hearing? From council. Is there
anyone here tonight wishing to address the Council on the maybe a tax rate increase?
John Ash: John Ash, 7444 Moccasin. I guess I'd like a little more information on, excuse me. If this is
merely a resolution to indicate a possible increase with no weight one way or the other, is this really a
resolution even of any merit or is there window dressing?
Mayor Mancino: That's a good question.
Scott Botcher: Well it's a procedural requirement that the legislature makes us do. I guess if you were ·
Roger, our City Attorney said Mr. Abraham's,' who is a proponent, he would say it's a communicative
tool. In addition to all the other tools that we've already followed to date as part of the Truth in Taxation
process. If you're on the other side, yeah. You could say it's window dressing. It's just another piece of
paper that flies down the road until such time as you actually get to the budget process which is in
December.
Mayor Mancino: And this is new this year from the legislature. I mean this is the first time we're doing
it and John we did pass a proposed levy increase but we have not passed the final one. And what we did
do in the proposed levy increase in September was we decided to actually pass one because we did not
want to go like we have in previous years, we've just gone with the max we're allowed to. We wanted to
set some parameters around it. But we have not passed a final levy which will dictate the tax rate.
John Ash: And what role does this resolution have in that?
Mayor Mancino: So this is again.just telling you that there may be a tax rate increase. And we will not
-know until December.
John Ash.' Okay. Thanks.
Mayor Mancino: Okay? So it's again a conununication, just so you 'know. We're trying to be very
public about it and we may be so come back in December as we do the budget and help us keep the levy
and the tax rate down. Okay, thank you. Any other discussion? May I have a motion please.
Councihnan Engel: Do you need one?
Scott Botcher: You need one to adopt the resolution.
Mayor Mancino: Yes we have to. We have to go through the formal procedure of voting on it and.
Councilman Senn: Okay, well I'll move approval that we approve this but for the record I want it just
very simply understood on the record that this is simply just like the tax levy that we adopt. It's nothing
more than an authorization ora limitation for us to go up to if we have to. It has nothing to do effectively
what we end up at, end at through the budget process. I made the motion.
Mayor Mancino: Thank you. Is there a second to that motion? I think that explanation is fine. It's a
hard one.
Councilwoman Jansen: Second.
4
City Council Meeting - October 11, 1999
Resolution #99-86: Councilman Senn moved, Councilwoman Jansen seconded to adopt the
resolution authorizing a levy certification tax rate increase for taxes collectible in 2000. All voted
in favor and the motion carried unanimously.
Mayor Mancino: And we appreciate the public input because it was at the public hearing so appreciate
that.
RECONSIDERATION OF RUBY TUESDAY SITE PLAN APPROVAL.
Mayor Mancino: I'm bringing that up for a reconsideration. Last week we approved the site plan
approval and the applicant asked that we review it and make some consideration of deleting some of the
windows, the fake windows from our site plan and I think we all feel, or I feel comfortable with that.
Any discussion on reconsideration? Do councilmembers want to reconsider the site plan?
Councihnan Senn: I'I1 move approval for reconsideration.
Mayor Mancino: Okay, is there a second?
Councilman Engel: Second.
Councilman Senn moved, Councilman Engel seconded to reconsider the Ruby Tuesday site plan.
All voted in favor and the motion carried unanimously.
Mayor Mancino: We have a reconsideration.
Roger Knutson: Mayor can I just point out where you're at procedurally?
Mayor Mancino: Thank you.
Roger Knutson: You are now...just before you voted on the motion that passed, so you now have a
motion to approve, on the table, just as you did last time. Just like you've made the motion, it's been
seconded and you are now ready to vote. So for example if you didn't like.
Councilman Senn: I'm going to say, I want to offer a friendly amendment to that motion.
Roger Knutson: There you go.
Councilman Senn: Okay, because I was not here when this vote was taken. Friendly amendment that I
would like to add is that I would like to add that the changes be adopted as per the plan that staff now has
which backs off on, what was it, three.
Councilman Engel: Five windows down to three.
Councilman Senn: Yeah, it backed down to three additional windows which were added at that time and
in trade off for that, substitute the coniferous 12 foot trees as designated on the plan that staff has.
Mayor Mancino: Okay.
Councilman Senn: ...remember who made the motion.
5
City Council Meeting - October 11, 1999
Councilman Engel: As numbered 8.6.
Mayor Mancino: 8.6 and I also did have a minute to go over this with Mr. Ruta tonight before getting
into Council, starting our meeting. Is there a second?
Councilman Labatt: I'll second it.
Councilman Senn: No. Whoever made the motion the last time has to accept the amendment and
whoever made the second has to accept the amendment, correct?
Mayor Mancino: Okay, who made the motion? You made the motion.
Councihnan Engel: No, he was gone.
Councihnan Senn: I made the amendment tonight. I wasn't here when the motion was made.
Councilman Engel: We need the minutes.
Councilman Senn: See Roger what you started.
Roger Knutson: It depends on how technical you want to be. Anyone can make an amendment. Then
you vote on the amendment. Then you vote on the main motion. Under Robert's, friendly amendments
don't exist.
Councilman Senn: So mine is a motion for an amendment.
Roger Knutson: Right. So anyone can make the motion to amend.
Councilman Labatt: Mark, you moved and I seconded.
Mayor Mancino: Will you accept the friendly amendment?
Councilman Engel:. I will accept.
Mayor Mancino: Okay, and is there a second to that friendly amendment?
Councilman Labatt: I'll second it.
Mayor Mancino: Okay. All those in favor.
Roger Knutson: That's fine. You've voting on the amendment now?
Councilman Senn: Yeah, we're voting on the amendment.
Councilman Senn moved, Councilman Labatt seconded to make an amendment to the Ruby
Tuesday site plan that would add the changes per the plan staff has showing the addition of three
windows instead of five, and substituting the coniferous 12 foot trees as designated on the plan. All
¥oted in favor and the motion carried.
6
City Council Meeting - October 1 I, 1999
Mayor Mancino: Okay, the friendly amendment is passed.
Roger Knutson: Now you can pass the main motion as amended.
Mayor Mancino: We now pass the main motion as amended.
Councilman Senn: Pass the main motion as amended.
Mayor Mancino: I'I1 second that.
Councilman Senn moved, Mayor Mancino seconded to approve the reconsideration of the Ruby
Tuesday site plan amended to reflect the changes submitted to staff showing the addition of three
windows instead of five, and substituting the 12 foot coniferous trees as designated on the plan. All
voted in favor and the motion carried.
Mayor Mancino: So the motion, the friendly amendment, the reconsideration passes. Thank you. Next
on our agenda is Wingate Hotel and the applicant is not here yet so we'll move forward. Thank you for
letting us ~know that.
CONSIDERATION OF CONTRACT PROVIDING FOR POLICING SERVICES/FISCAL YEAR
2000.
Scott Botcher: In your packet you have a memo from me dated the 7th. Just as Karen was about to go to
the copying machine, Bud's e-mail came so we had her put a P.S. on the bottom and put Bud's e-mail on
back. The balance of the presentation you have heard. You heard last Monday. There has been a few
modifications to it and the SheriffI'm sure is able to explain those and answer any questions about those
tonight. I also distributed to the council, Bud just so you know, the paperwork that you distributed
Wednesday night at the contracting meeting so they all just tonight received copies of that, part of which
was a four point presentation and part of which was city specific information. What staff is looking for
this evening is some direction. We have two things in front of us. We do have a copy of the annual
renewal contract which is just sort of same old, same old. That has a response date of October 15th
included in it. Beyond that we also have a multitude of options as the City has been discussing policing
for a majority of this year. What staff is looking for is some direction from the council as to what their
preference is in terms of providing policing services to the citizens. Utilizing the county or utilizing
some other means because we do need to get together and execute an agreement and the staff
recommendation is as you all talked about on Monday night and as we talked about Wednesday night at
your meeting is that if, and I'm assuming you probably will in some way, shape or form, contract with
the County, that we do include in there performance measurement standards of some sort. To put those
together, as I said at the work session, I would recommend that the County and their representatives and
Mr. Knutson and I work with them to put together the agreement and the performance measures to bring
back to you for final approval and blessing and addition/deletion I think is probably a more effective way
of doing that. Beyond that, Bud's here to make a presentation.
Mayor Mancino: Thank you very much.
Bud Olson: Mayor, Council. Thank you for this opportunity to get back together with you and hopefully
put some resolution to this long process that we've been through. I do have a presentation that kind of
dove tails off my contract meeting that I did on Wednesday night, and that also brings into play some of
City Council Meeting - October 11, 1999
the comments that we had at our work session this past Monday, last Monday. Before I do that I just
want to introduce to the audience my Chief Deputy Denny Owens that is here with me tonight. And for
the public I did bring the same handout that I'll be going over so anybody is welcome to that information
that's on the table here and I can take a minute if they want to.
Mayor Mancino: Can we distribute that to anyone? I think John would like one.
Bud Olson: If I might approach, I'd distribute that to you too. It's a different presentation that I had the
other night.
Mayor Mancino: Okay, thank you.
Scott Botcher: ...you may approach the bench. They have that as well, yeah.
Bud Olson: What I'm trying to do Mayor and council and the fblks in the audience is to give you as
much information I can to provide you so that you make an informed decision on what your policing
needs are in Chanhassen. I first of all have to thank the members of the task force that were charged to
come forward with a recommendation and because of timing in the office and issues of me getting up to
speed a little bit on the county contracting history here, I felt it was important for me to step back and
take some time and really understand it. But I do want to say that a lot of valuable input and work went
into that task force and they did a lot of information gathering and I'm going to use some of that
information tonight in my presentation because they did an outstanding job and I'm just sorry that the
process got delayed by my wanting to step back and take a look at it so. I think any presentation has to
start with why are we doing this and what is our mission? I really am a vendor in this market. It's the
market of police service. It's your community. You're the policy makers. You're the policy deciders of
what kind of community you want. What values that you want to bring forward and what mission you
want to accomplish. As a vendor of this commodity called law enforcement I think that we all work
under principles and we work under value systems and ours is the mission statement of the Carver
County Sheriff's office. I think it's important to remember what we're committed to as a policing agency
and so I provided that in your packet so that you all could see what I value in our organization and what
we work with every day. Why we bring the services to your community. I also included in this handout
is what my duties as sheriff are. I went over this with you, I'm not sure ifI did at the workshop but I
certainly did at our contract meetings about what the sheriff is statutorily mandated to do to provide
services. And how my services can overlap on the services that you get in the local, as far as having a
local police department. So I thought I'd include that for your information as well. And then we get to
contracting. Who else contracts? I thought it was important for the council to have the information that
this isn't a new concept. Contracting has been around for a lot of years now and as we see consolidation
and collaborative efforts and governments coming to the forefront these days, I thought it was important
that you see that there's local agencies right around you that really are made up of contracting police
services. And that in each city they're unique but they still have the same concept. How do we deliver a
quality police service at the most reasonable price for our taxpayers? And I think that we have a situation
at South Lake. We have one in Orono. We have the City of Shoreview which is a population, I don't
even -know but it's probably around 35,000 community members and they in that community have the
Ramsey County Sheriff's office contracting for them. We also have the City of Andover. That's about
23,000 people. Very comparable to Chanhassen that has the Anoka County Sheriff contracting in their
community. And maybe Steve can help me with Hennepin County, whether there are communities that
contract with your sheriff's office in Hennepin County as well. So this model's been around and it's
been very effective. We have been in Carver County lucky to have a blend of that in your community
and I think through this process that we've been going through, it's to determine whether we want to
City Council Meeting - October 11, 1999
continue that model or move towards a full sheriff operation. So the next page here that I have here is
Carver County Sheriff's office in 1999. Cost comparisons of some of those communities out there that
share resources in this area. And as you can see and as the public can see, when we look at per capita
costs for running your law enforcement mission, you can see under different models how much it costs
for the taxpayers. And pretty much what it gets down to is what level of service do you want and there's
different models to work under, but I thought this would be a good cost comparison for you to see and for
the public to see as well. Any questions on this one by chance? Okay. Then I thought it was interesting
that an article just came across my desk just the other day, September of '99. It's very current, about
Rock County down in southern Minnesota and the City of Luverne had decided, they went after a board
of innovation and cooperation grant and they have now consolidated their policing in Luverne with their
sheriff there too so it's continually going on. This concept is not going to go away. It's only going to get
better as our scarce resources get harder and harder to manage. So I did a little, I stole a little bit of
Shakespearean here to contract or not to contract. Costs and benefits to some of that and as I looked at it
and looked over it, there are many, many benefits and some of the costs, even though they seem little,
there are some that we've had great debate over in our task force and in our community about the control
of these resources and the responsiveness of the sheriff to the local area. What about that squad car?
Golly, you know I want one that looks you now different from all the rest and you go to Chaska, theirs is
black and white. And you come to the county, it's white. Locally you've got blue and so people identify
in your community with the type of vehicle and the uniforms we wear. Those are all part of that mix of
your law enforcement identity and so there are some costs there. You'll see a brown instead of a blue at
your door. But does that really matter when we talk to people in our community? Does that matter what
color the uniform is as long as when they dial 911 we're there. And some of those concerns probably
stand out more for people. So I hope to show the economic savings are substantial by doing a police
contract. Then we talk about the contracting concerns. The loss of local control. I just mentioned that.
The lack of identify with the uniforms and squads. The con~munity has a feeling that they really don't
'know their deputies or their officers as well under a contracting system. I don't think that's necessarily
true here in Chanhassen. Our deputies have worked here for many years. Most of them have worked
here probably 5 or more years. I think they have a local identity. I think they're well connected in your
community. I think that they understand the needs of your community and I think that that's a positive
for us in Carver County. And then the last one's responsiveness of the sheriff to the contract. I think if
anything that is evaluated for this presentation, what stuck out in my mind the most is this issue of local
control and contract management. How do we do that? How do we do it where the sheriff is responsive
to that? So part of my presentation is how do we build some of that accountability into your contract in
Chanhassen. So we talk about this a little bit. I've got to believe under my proposal, under my
recommendations is that we have a contract supervisor in your community that will be a rank of a
sergeant my organization. That person's benefit would be for the liaison with your city manager on a
daily basis. So that we have a good link and a good communication... I though it was important that this
contract supervisor end up at your staff meetings. That you find out through other staff and department
heads what's going on, just like I join the county staff and find out what's going on in our.county because
there's a lot of things that we do in law enforcement that overlap in other services. Whether fire services
or planning or building inspection. If you have a problem, it's easy to know who your local law
enforcement is and ask them to come along. There's times where building inspectors get into situations
that they didn't expect at the door and they have to call for a squad to come over. I can think of many
neighborhood disputes that started with a visit by city planning or somebody else in city government. So
it's good to have that communication link between other staff members. I also thought that by having the
contract supervisor here in town we can set priorities specific to Chanhassen. That we're looking at
your local needs and your local issues. The other presentation I have, it's no surprise of what's
happening in Chanhassen with your growth. It's no surprise that your population is going up. Your calls
for service are going up and your criminal and non-criminal activity levels are going up. When
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City Council Meeting - October 11, 1999
population comes, those are the things that are going to happen. It's a normal, natural trend. So those are
things to look at. What's going to happen in the next year, or next two years. Five years and start
planning for some of your law enforcement needs. So I see a benefit there. I also see that there's a
benefit because this is a very responsive package. If I, as a contract provider, if I don't provide it, what's
your other options.'? Within six months you tell me sheriff, next year we're not contracting with you. As
a contract provider I believe that's the most responsive system you have. If you don't like your model
and it's not working and we can't come to some agreements, you have the option in your contract to say
sheriff, we're out of this. We're going to do our own thing. Or decide on something else. So there is
into this system of contracting, a built in accountability that I think is very strong and so I think that's
another advantage to the city. So here's my options, and we discussed them, I discussed them in a memo
form to you and we'll put them out again. I think our option, one we start with is maintain the current
condition. Here's what I 'know today. That ifI use the guidelines and apply them to Chanhassen that we
have for the last 15 years, Chanhassen isn't meeting their contract hours. You're about 19 hours short
from what we considered under the formula to be an acceptable level of service in your community.
Under this arrangement you don't have a contract supervisor from the sheriffs office right now. Under
this condition you have what I believe are some uncoordinated police resources. I don't think that
everybody's working the same direction here and I think that we need to talk about that and we need to
address that so that we all are working on the same. What's the cost if we came and brought this contract
up to the guidelines? And it's listed right there. It'd be about 51 hours. It's based upon population and
that is your $2,000. That's your $2,000 amount. Comments? Questions?
Councilman Labatt: What are some examples of uncoordinated police resources?
Bud Olson: I don't have the schedule of Bob and Carrie. I don't know when they schedule themselves. I
don't 'know when they plug themselves into the schedule. I can't tell you whether they're scheduling
themselves at an appropriate time or not Steve, and so I think that there, we need to look at how we take
those two licensed, sworn police officers in your community and coordinate them. That's one example.
Okay? Other questions? Option 2. Option 2 is to consolidate your police resources all with the sheriff's
office. I look at this in two forms. Is what your cost savings are and what your benefits would be. First
of all we would transition those two sworn positions into the sheriffs office. I'd see that we'd eliminate
some equipment and supply expenses that you have right now maintaining your public safety function in
the community. And I see that I would be assuming the liability for that police service under the sheriffs
contract and I would believe that there could be potential cost savings to the city not having the police
liability for having sworn officers in your community. On the benefit side, I see that we can increase
police service to the community. We can increase the accountability by having that contract supervisor
here and we can better coordinate the law enforcement services in the total wide span of police services
in the community. Again, this is a cost for that consolidated service based upon 2000 rates.
Mayor Mancino: Bud, a question I have. Would we have the ability as a city to...choose those that we
wanted to work in the city, especially at the supervisory level?
Bud Olson: I definitely would include that in the overall plan. Is to have a panel that would be made up
of your chosen Mayor, to sit and help us select that person to work in the Chan area. I see that as a
strong benefit here.
Scott Botcher: How many hours are included in Option 2?
Bud Olson: In Option 2 it's 44.
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City Council Meeting - October 11, 1999
Mayor Mancino: And does that include the hours of the supervisor?
Bud Olson: Does that include the hours, no. The supervisor would be an addition to those hourS, yes.
Mayor Mancino: Would the supervisor also, not only supervising but doing patrol duty also?
Bud Olson: Absolutely. Still a licensed sworn position so they would still, if there was something
happening in the community, they would still have a response to that as well.
Councilman Senn: Does that raise it to 52 then or what?
Mayor Mancino: Do we get close to that 51 level? With the supervisor's hours, is that what you're
saying?
Councilman Senn: If44's a daily number, and he's adding 8 for a supervisor.
Bud Olson: That's correct.
Councilman Senn: Okay, so 52 then and we're over that, okay.
Councilman Labatt: ...
Bud Olson; Yes it does. That's correct. It accounts for his hours on a Monday through Friday basis and
not as a patrol hours where I'm guaranteeing 44 hours of police patrol coverage every day. Seven days a
week, 365 days a year.
Scott Botcher: And in addition you're deciding to buy 8 administrative hours.
Bud Olson: Correct. Okay. The third option, and I feel strongly as your sheriff standing here and
talking about contracting that this is really my recommendation to the council. And the reason I say that
is I think that we take up all the benefits of Option #2 with Option 3. Plus I believe that we pick up some
enhancements here. It would actually add an extra deputy into the Chanhassen patrol area. It would give
us some opportunity to be a little bit more flexible on some of our traffic enforcement details that we
have. I would see that this person could pick up some overlapping investigative work, or work with Beth
in your crime prevention area. I really believe that by having this extra deputy in town, we're really
talking about some more visibility. Some overlapping hours to handle some of our heavy work load
times of the day. I also see that really in identifying the issues going on in Chanhassen, that this is really
a minimal level of police coverage that we should have to do the job adequately for your community.
And so I built that into this option.
Mayor Mancino: Bud, let me challenge you on that,.just a for what if. The levels that we're looking at
right now are kind of national minimum levels that you've given us, right? The 51 hours for population
that Chanhassen has. And one of the things that you're going to do is start a 10 month study on you
~know this is a national level. Does Chanhassen with it's kind of non-violent, non-criminal crimes need
that minimum level?
Bud Olson: Well Mayor, it's not a national level. It's a Carver County established guideline level that
we're talking about. If you took a stand alone department and said how many police personnel do I need
to open up a full service police department for the city of Chan? You can talk about FBI standards. The
11
City Council Meeting - October 11, 1999
national standard is 2.3 officers for every 1,000 people in your community. The Midwest standard is
around 1 per every, 1 officer for every 1,000 people. So if you look at that 19,000 people in Chanhassen,
you'd need a department of 19 officers. That's just kind of the guidelines that we in law enforcement use
to try to help policy makers decide what good levels of service are. When you start going into a full
service police agency, you've got to talk about investigations. You l~ave to talk about clerical and
administration. And all those other aspects that I cover just being the sheriff with all the resources of the
county sheriff's office behind us. So when you talk about national levels, this really is more identifying
what Carver County struggled with 15 years ago to identify adequate patrol hours in a community and it
really was just trying to define what does the sheriff give us for free and what do we pay for as a
community and this is what this identifies. But it looks, it calls for service. One thing that's changing in
our environment that takes a little bit more police effort is our youth. There's more violence occurring
with our young people these days so I think you need to build into your plan an adequate measure or
adequate way to interact with your young people in your community. So I 'know you all have heard of
the situation we had on Tecumseh where we had six intruders in a house. That's just not one patrol
deputy trying to confront that situation, and we did confront it and we confronted it on the street. And so
there, our world is changing a little bit but we're still a very, very safe community. Very safe county.
But this anticipates what some of your needs are. It's what you'd like to get from your police service as
well. So, okay.
Councilman Senn: IfI could Bud, just to ensure they're okay. So essentially, I'm not trying to just
break it down to numbers but just so everybody understands the numbers. Basically by the national
average you just referenced, and our population, that would be 43 hours and by Carver County standards
you're using 51 hours.
Bud Olson: I guess you lost me.
Councilman Senn: Well you said 2.3 nationally per 1,000 population.
Bud Olson: Deputies. Not hours. Deputies. Officers. Not hours. Officers. There is no national
standard for hours.
Councilman Senn: Okay, alright.
Scott Botcher: But as we talked about last time in the agreement, it is, the agreement with the audit with
Arnie Carlson's auditor, it's the contracting agency's responsibility to request the number of hours that
they see fit.
Bud Olson: That's right.
Scott Botcher: So you can use these guidelines. You could use something else. Roger's guidelines.
Whatever.
Bud Olson: Right.
Councilman Senn: I understand.
Bud Olson: That's correct. Except the fact that you need to have a starting point. You need to have a
sheriff tell you what he thinks or she thinks is an adequate number of hours to really cover your
community and that's what I'm trying to do. Is just establish what I think is your, would be your
12
City Council Meeting - October 11, 1999
acceptable hours. Your minimum. Okay? Why choose this option? I really think it's a realistic
approach to look at your community needs. I think it's a reasonable solution looking at the total picture
of our contracting system. I think it addresses some of the task force concerns that they have about
management and accountability. Adding that supervisor in there for 8 hours administrative time. I think
that will help tremendously, and I really do believe that it's a minimal level if you talk about, and I think
as time goes and we get into this study period and get into the year 2000 and talk about this, we need to
look at what happens in 2001 and beyond. And my last little ditty is I think it's the best bang for the
taxpayer's bucks when you look at per capita cost for your law enforcement services, so.
Mayor Mancino: Other questions for Bud?
Councilman Senn: Bud how, I mean in the...I suppose in a perfect world we could just simply say that
this service is going to take 44 hours a day and plan it that way but we both know it never works that
way.
Bud Olson: Sure.
Councilman Senn: In the past year's, sometime after the end of each year the city gets a bill and that bill
is for hours that were paid at overtime rather than regular pay because of particular demands within one
time frame. And now we haven't seen that for the last year since you came in and it may be a practice
you've discontinued and that's kind of why I'm asking the question because is that something we need to
factor into this? Where effectively under this proposal, I mean we're covered period and there's no
issues over, if there's 55 hours this day and 34 the next, you know that type of thing.
Bud Olson: Sure, Councilman Senn. I think one thing that you might be speaking to is that every year
during the spring you've traditionally contracted for deputies working weights and scales in your
community, more than what we do in the county.
Councilman Senn: No. No, I'm talking about regular sen, ice under the contract. In the past there's
always been a provision in our contract with the county that said that county had a right basically at the
end of the year to add that all up and basically turn around and bill us for any overtime hours. Or I mean
you 'know the additional of the overtime hours. As I read your contract proposal, I kind of thought that
had all been thrown out the window but I just wanted to clarify to make sure it had been.
Bud Olson: What you're getting is what you're getting. There is an adjustment in your contract that
talks about the end of the year, making an adjustment, but that's not in relationship to what you're talking
about.
Councilman Labatt: So this paragraph on page 6 of the contract then we had before?
Bud Olson: May I read it again?
Councilman Labatt: Yeah.
Scott Botcher: That contract is the rollover of the same old same old.
Councilman Senn: It's the old one. That's kind of why I'm asking the question.
Scott Botcher: So and if you choose another option, then obviously that's not...
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City Council Meeting - October 11, 1999
Bud Olson: My understanding of this Steve, and I wish I had my staff here. Para Raser knows this more.
It's not, you know I should probably let her clarify it for me before I make a statement I'm not sure of.
How's that? I should probably have her address that for you.
Councilman Labatt: And if you could also figure out what the amount was that we were billed for for
'98.
Scott Botcher: Well that we should be able to get.
Councilman Senn: Yeah, we should be able to get it for '98 if we were billed anything.
Bud Olson: It's already here.
Councilman Senn: There was a requirement that we have it I think by April 1, 1999.
Mayor Mancino: I would certainly like to make sure that you 'know we have a contract that's good and
hard and true and that if we do ask for overtime or etc, that it has to come through city council for
approval.
Scott Botcher: That overtime bill payment would have been in early '99. Is that correct?
Councilman Senn: Well ifI remember the old contract, the way it reads, language in it that requires
them to get us the data by April 1 or within 100...
Scott Botcher: I guess I want to have some direction of where I should look. Early '99 or early '98?
Councilman Senn: '99. In the first half of the year.
Mayor Mancino: Towards April I would think. Any other questions Councilman Senn at this point?
Councilman Senn: Let's see here. Just to pursue that I guess one step further though. Would be your
understanding though going forward that essentially under your contract proposal that that's kind of
really all inclusive?
Bud Olson: It is. Again, as I've learned this contracting system, Pam has a simple explanation for what
that is. That is not extraordinary expense here. There is an adjustment that occurs every year in all of the
contracts because we assume at the front end of the contract what the hourly rate is, right. And there's
adjustments at the end of the year because we're just not certain of all the costs in the contract. So it's
just a catch up cost. Some years we actually rebate the contracting community.
Councilman Senn: You have in some cases even negotiated the contract at the time that you enter the
contract with us, if my memory serves me right. You have a negotiation on a labor contract that may
occur in the middle of the service year.
Bud Olson: That's part of the adjustment right there. Exactly. I think the contract does address, if you
want services beyond what the contract hold, that there's a formula that's applied there and that is in that
language as well. In other words, here's your contract services. Hey sheriff, I want every park double
patrolled in the summer. That is a contract service up and beyond and outside what your normal contract
14
City Council Meeting - October 11, 1999
hours would be. In other words, let's say that you want to intensify the park patrol efforts on a given two
week period of time. 4th of July. And we factor in 44 hours a day and you say we want more on this
particular time. There is a provision in that contract to pick up those extra hours.
Councilman Senn: But I'm assuming under what discussions we've had though, we could also sit down
with you and say we want that programmed in so you do do that and we may give it up in other areas or
whatever to achieve that.
Bud Olson: Sure. Sure. Sure, we could adjust work schedules to accommodate that as well. Sure.
Councilman Senn: So I mean when I'm kind of saying all inclusive, I'm saying all inclusive effectively
at this prescribed hour limit. Then it's up to us to work together to allocate.
Bud Olson: Correct. Yep.
Mayor Mancino: And I think the thought was also talked about on Monday night that we can look and
see when our peak times are throughout the year when we need more service and adjust accordingly.
Days of the week, etc.
Bud Olson: Spring, well summer versus winter too. You ~know your times change. Times change. After
school and, you know and the school year is a good time where they're in the parking lots and you know
they're doing their thing and so you know at different times of the year your resources can be applied
differently.
Mayor Mancino: And that's the kind of information that we would need from your department to give
us. To take that information and where the calls are, etc and give it back to us so that we can use it to do
some good planning with you. Any other questions?
Councilman Senn: Not right now, thank you.
Mayor Mancino: Councilwoman Jansen.
Councilwoman Jansen: I guess to clarify and of course having been on the task force, we've gone back
and forth over all these points but I guess just right up front to note, none of these proposals include our
transferring to the sheriff department the community service officer would remain as a Chanhassen
employee and the crime prevention officer.
Bud Olson: That's correct. It does not include those two positions.
Councilwoman Jansen: It's just our licensed personnel or a badged personnel that would be transferred.
Bud Olson: That's correct.
Councilwoman Jansen: Okay. I think that's the only thing to clarify. It's a thorough proposal. Thank
you Sheriff.
Bud Olson: Very good.
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City Council Meeting - October 11, 1999
Councilman Engel: To piggy back on Councilwoman Jansen's question. Everything else has been
answered. Then those two positions are theoretically animal control, crime prevention, things like that.
We're not going towards an all in one yet.
Bud Olson: No. And that's part of that window in the year 2000 to sit down and talk about that if you
want. Some things that are going on, not to bore you. In the whole Carver County contracting system I
have 11 communities that contract with the sheriff's office. The only community that doesn't is Chaska.
They have their stand alone. Some of the big issues out in my contracting communities are animal
control. Our population centers, our communities are growing and so are the dogs and the dog
complaints and the, you know the animal control complaints, and there really is no county wide effort at
this. They're all trying to do it with private contracting. But that's one issue. The other one is crime
prevention and community policing programs. Outside of Chanhassen, we really have very little
established in the county and those are certainly areas that I'm focusing on. I brought it up Wednesday
night at our all contracting meeting. This is where our county resources are going. This is what the
public demand is. It really is time consuming for a deputy to go out and spend a half hour to get a
raccoon out ora window well when somebody at a cheaper rate of pay can go do it and so every
community's struggling with these issues. So there's a model in Chanhassen. I told them let's all take a
look at it and look how well it works and try to model ourselves after it too.
Councilman Labatt: Is there a current 2000 contract? Or a negotiation for it. 2000 with the union.
Bud Olson: The union has settled and we have, yes.
Councilman Labatt: The estimated hourly rate in the contract, 43.63 is.
Bud Olson: It is an accurate number, yes. It should be I think $43.36 or is it.
Councilman Labatt: 36, yeah. Then the only other comment I have is a monthly audit.
Mayor Mancino: That's a good comment.
Councilman Labatt: And I talked about it at our work session is to have an audit done to compare the
contract hours versus hours worked. This is looking at you know contract for 11,680 hours, pull off the
logs. Track it throughout the year. At the end of the year you ~know if we have our 11,860.
Bud Olson: Okay. That is supposed to be done by, we do that through our paychecks. The deputies sign
off of how many hours they work in their contract communities and how many they put on their base
level and so they are supposed to be putting those hours out there.
Councilman Labatt: So it's already in existence?
Bud Olson: Yes it is. That accounting system is in existence.
Councilman Labatt: Along with the questions on the contract that I had then, should we also get '98's
audit then for the comparison to show what we contracted for for '98. Actual work was.
Bud Olson: Okay. Okay.
Scott Botcher: When I check the overtime bills, it might be with that.
16
City Council Meeting - October 11, 1999
Mayor Mancino: We already have that.
Scott Botcher: I've not seen it but my guess is for you guys to send us a bill for overtime, that
calculation is probably attached.
Councilman Labatt: Okay. That's all I have for right now.
Mayor Mancino: Thank you. I just have a couple. Thank you for the proposals and how clear they are
and we asked so many questions at our work session last Monday night, that I think we can give you
some direction Bud tonight. Hopefully get there. Here's my question. Let's say we went with Option 2,
which gives us more hours. The 44 hours plus the administrative of 8 hours a day which gives us to an
hourly daily of 52. And didn't go with Option 3. I'm assumingthat during the year, as we see maybe our
needs changing a little bit and want to increase the hours and maybe you know.target a certain...
(There was a tape change at this point in the discussion.)
Bud Olson: ...we weren't adjusting all over the county something like this. But it would certainly be
something that we would plan for in the year 2001. Absolutely.
Mayor Mancino: Okay. And I'd also like to make sure that the supervisor obviously with the daily
meetings with the city manager and going to staff meetings, also does attend the monthly or bi-monthly
meetings of the council and that we have that good communication too. That's been very helpful with
Bob here and talking with the council.
Bud Olson: Okay.
Mayor Mancino: Okay. Which.
Councilman Labatt: I've just got one more question...and this is really for Bud. If we do go with
Option 2, which I've been supportive of at this point but what is your plan as far as a transition of our
officers to your department in relation to the difference in pay, realizing that the Carver County is on the
lower end of the scale. Are our employees going to take a pay cut or are you going to lateral these guys
in at a comparable step in your contract?
Bud Olson: I'm going to try to do my best there councilmanl Just remember, in the county structure the
county board is actually the contracting agent and so I will have to take whatever recommendations you
have and probably develop a work group that will sit down and look at all those transitional issues.
Probably the easiest one is the Officer Nolden because she is a Clinton Cop and the dollars are already
designated and her contract, her Clinton contract isn't up until July of 2000 so you're really not going to
have those costs in there until then anyway. And so as far as Assistant Deputy Public Safety Director
Bob Zydowsky, those are some latitudes. I always have in my hiring, I have the latitude to look at
experience and adjust new employees in that area of salary. As far as some of the seniority issues, those
pretty much are set out by your membership in the sheriff's office. So we'll have to look through all
those transitional issues by getting that work group together and just hammering out some of that.
Scott Botcher: We will also need to, if there is some sort of transitional activity that takes place, review
our own handbook for rights and privileges that any employee would have upon transitioning. Because I
17
City Council Meeting - October 1 I, 1999
think certainly that both these employees may be entitled to separation benefits, whatever you want to
call them. But that would all have to be worked out.
Mayor Mancino: I'm assuming when we give you direction tonight,.that you'll come back with some of
those details and let us know. How it all works out.
Scott Botcher: Yeah, especially the first year. If you choose to consolidate, you will probably have a
master agreement and then maybe some sidebar agreements that just affect these specialty issues.
Transitional items.
Bud Olson: I could see equipment.
Scott Botcher: I had a couple questions. One was, we need to figure out what to do with the fixed
assets. That are held by the City of Chanhassen. Obviously in our own interest we want to make sure
that we maximize the value that we receive for them. As an organization and that may or may not mean
that they transition over. If the Sheriff has an interest in them. If not, we can sell them on the market.
We can transition them to other uses in the organization, but at this point I couldn't tell you up or down.
The other thing that I want to, and I've been asked this many, many times by every one of you except for
Mark because I don't think we've got his e-mail fixed yet on the computer, and that is the issue of
management and such like that and I don't, you know I don't think anyone, and I said this last time. I
don't think that having a contracting option, I think it's a good option. I don't think it's certainly the
maximization of management ability and Bud talked about the control issue in here. Certainly if you
want to spend enough money you can buy a police service that you can totally control, and that's not
what we're buying here and that's okay. I mean I'm comfortable with that. But certainly, and I think
I've been upfront with Bud about wanting to do some things. I don't claim to be a police chief. I'm not a
public works director but I certainly know enough to be able to tell those people some goals I want to
achieve and I think Bud is probably aware of that. I'm going to do the same thing with he and this
sergeant individual. But you know there will be recommendations that I will make of them and I just,
you know you talked about getting known in the community and one of the things I keep 'knocking
around in my head is I, and I think it's important, is that we do our best to get the deputies out of the cars
because I think for a lot of, especially at the county level. And not just our county, but the county as a
unit of government, primarily in the old northwest territory. The upper Midwest sort of an area.
Sometimes county police services are driving around in a Crown Vic and that's not it anymore, and
you've said that many times when you talk about the community policing. You talked about Beth's
activities and CSO's. I think in Chanhassen if we decide to go to one of these options where we have a
supervisory personnel, I think that one of the things that we'll be talking about is the utilization of some
of those hours in a different way than maybe we've done it in the past. And we need to make sure that
these officers are known in the community. That we see them on foot downtown. That we see them at
neighborhood meetings. That we see them at some of these things. Some of this stuff is, I call it Beth
sort of stuff. But the foot patrol stuff isn't Beth sort of stuff. I mean it's walking, being known by the
business people up and down main street. You know checking.
Mayor Mancino: Kerry was on a bike all summer. I think or a lot of the time.
Scott Botcher: Some of those sort of stuff and I think that's another way we can creatively utilize the 40
some hours that we're going to have. So those are just my thoughts on it and you know I think it will
work out. He obviously has a sensitivity to the client relationship. From a practical point of view, if we
don't like what he's doing, the economics are not in our favor to go out and start a police department.
18
City Council Meeting - October 11, 1999
That's just reality. Maybe we should have a police department and he can contract with us for sheriff's
services.
Mayor Mancino: Get into another business.
Scott Botcher: But I think that's where we're going with it. My own, and I know Bob sits in on staff
meetings. You know whoever the sergeant ends up being will be certainly subjected to the same abuse
that Bob is subjected to at staff meetings, and that's just how it's going to be. I don't care what color the
uniform is. But I guess my two cents worth, and I know Bud likes Option 3. I like Option 2. Basically
because I want to really, really watch cash flow until we get to 2004. And I've said this for other issues
in the budget process. Nothing wrong with Option 3. Could we afford Option 3? Yeah, we could
probably afford Option 3. But I'm basically cheap and I think we should really just sort of, we're getting
a good service here. We're increasing our management abilities, our administrative abilities and perhaps
our responsiveness and maybe incrementally work our way up towards Option 3. Just my own two cents
worth. I think we just in the grand scheme of things need to just be sensitive to cash flow issues.
Mayor Mancino: Okay, thank you very much.
Bud Olson: Council, I appreciate that.
Mayor Mancino: Bud, I also just wanted to say that I think we've been contracting with the Carver
County Sheriff's office for 30 years and so I know that the community knows and honors and respects
your officers and has for all those years and when they did a survey of the Chanhassen residents, a lot of
the residents in Carver County that I think 97% of those surveyed in Chanhassen feel very safe. This was
a couple years ago so I'm not sure a lot has changed in two years, but they felt very safe in our
cmmnunity and thought the law enforcement was just excellent.
Bud Olson: Appreciate that.
Mayor Mancino: Okay. Some discussion from council members about where we want to go with these
options. Anybody want to kind of weigh in.
Councilman Senn: I'm programatic so I'll just move Option number 2 with the direction that staff
proceed on the negotiating a contract which would include performance measurements as delineated by
Mr. Botcher, Bud and Mike Fahey and Roger. And secondly, that a provision also be ordered into the
contract that the City can audit hours at any time they want in terms of hours against performance in the
contract and stuff. And other than that, like I say, direct staff to come back with a complete contract.
Mayor Mancino: Okay, and I may I just a little discussion here. Also the corporal, of getting Bob up to
corporal status...looking at detail also.
Councilman Senn: Yeah, I'm assuming that'd be in the details that they negotiate out.
Mayor Mancino: Okay. Any other discussion on that motion?
Councilwoman Jansen: I don't know that it would necessarily be part of the motion. But since Mark's
taken us to that point, one of the things that we did discuss in our work session on this was to move then
to take the action, even next year and you spoke to this a little bit. To really do an analysis of what our
actual law enforcement needs would be. We discussed either using the neighborhood watch groups to
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City Council Meeting - October 11, 1999
get a feel for what's going on out there. Or a resident has shared with us that there is a gentleman who
does evaluate community policing needs, whether it's bringing in an outside consultant like that to really
get a feel. Maybe it's a higher number. Maybe it's a lower number. Or maybe it's fine tuning how we
have the hours, the way that you've discussed here tonight. And I guess, I'm sorry.
Mayor Mancino: I'm sorry, and that's in, that's not part of the motion but that's in something that we
said we wanted to do first quarter of next year. To really hone in on that.
Councilwoman Jansen: And making sure that we're moving forward on that and the other point, the
whole strengthening of the community identity. Whether, and again I don't know if you put it in the
contract. The sheriff has already suggested that yes, he thinks it's a good idea to put the marking for the
city on the side of the patrol car. Let's get the officers introduced to the community, whether it's through
the newsletter or through the newspaper. However we go about doing that. Just part of the whole
discussion of what we're trying to accomplish as a part of the big picture.
Councilman Senn: That's fine. You can include it in the motion. The things I was leaving out of the
motion were everything that he already has in the write-up's includes those things. Like the 10 month
study and the.
Scott Botcher: And Linda's thing is just stuff we can include in our, and I had it in our notes for
negotiations.
Councilman Senn: I'm sorry, the reason I mentioned the other two things was those haven't you know
really been previously discussed or were not in those write-up's so that's why I wanted to add those.
Scott Botcher: Bud, your review, or not review but your analyzation. Do you have a game plan on how
you're going to do that?
Bud Olson: Yes, actually I do...kind of identifying, you know again we go back to the guidelines that I
have, it says that every city should specify the hours and types of services that their community...those
needs are and try to identify them as best as we can.
Scott Botcher: So what Linda talked about should be done before this work session.
Councilwoman Jansen: So that we identify our needs.
Scott Botcher: ...about what the needs are. Right, I'm just.
Councilwoman Jansen: Yeah, thank you.
Scott Botcher: And you're thinking mid year, right? Sort of.
Bud Olson: I'm thinking...it depends, I'm not sure ifI understand what you're saying.
Scott Botcher: You're going to come to us at our work session mid year 2000, is that what you said?
Bud Olson: No, by July we're going to have this worked out because we're going to start next month.
20
City Council Meeting - October 11, 1999
Scott Botcher: Internally though right. Internally next month? Okay. So we need to probably get going
then.
Mayor Mancino: So we need to get going on identifying our needs in early 2000, first quarter 2000. And
it may be that we consult with someone to help us do that too.
Bud Olson: That process is for the contract for 2001. We started last Wednesday with...communities is
for the contract for 2001. This proposal here is given through 2000.
Mayor Mancino: Yes. Is that all understood by council? Is that alt understood?
Scott Botcher: But from a practical point of view I want to make sure that we've coordinated the
research activity because you know we need to find out what our citizens want and what's important to
them. Because as stewards of their money we need to know what police services they want to buy. I
mean when you think about it, you look at the Shakopee-Prior Lake numbers, there are some citizens out
there, and we had this in Delafield when we had our 14 officers for 7,500 people who said no. If it costs
me $50.00 more a year to have that, I'd pay it. They said for 50 bucks, I'll pay it. And you 'know our
citizens may all come back and say, for 50 bucks we'll pay it. We don't know that yet. We really need
to go out and do a better job of asking our citizens what is important to them in terms of police services
and how do you quantify it? We need to do that.
Mayor Mancino: And we might do that both through qualitative and quantitative research.
Scott Botcher: The other thing too BUd, and I don't know how you're going to d° this. I thought of it...
start doing your internal work. At any time in the process is there going to be any input from the
contracting communities or are you just going to be sort of insulated because I'm not sure that's the best
way. I mean if you're going to be insulated.
Bud Olson: No...
Scott Botcher: Okay. So you'll be in contact with like city managers and.
Bud Olson: Exactly.
Scott Botcher: Okay, great.
Bud Olson: That's the whole process...
Scott Botcher: I didn't know if it was just your staffor you were, we could all sit down and really have
a heart to heart, you know privately about what's going on.
Bud Olson: ...internal work session to really identify...
Scott Botcher: Okay.
Councilwoman Jansen: And then just again to Mr. Botcher I'm sure he'll do this for us but this is only
one small piece of our law enforcement budget. Actually it's a big piece. If we can figure out what the
small pieces are so that we've got the total dollar amount for all of the law enforcement.
21
City Council Meeting - October 11, 1999
Scott Botcher: Especially by December.
Councilwoman Jansen: Yeah.
Mayor Mancino: That would be helpful.
Scott Botcher: Bruce and I have already...
Mayor Mancino: Thank you. Mark, anything you want to ask?
Councilman Engel: Yeah, I like both options 2 and 3 but when I look at them, it looks like if you go to 3
you're taking two steps at one shot as opposed to going to option 2, let's just take one step. But we're
making a decided change in the make-up of how we deliver this policing service. So I think it's
pragmatic, someone used the word. I think that's the proper word. It's the right way to go, short term.
And I'd like to see some analysis on dollars spent, calls fielded, and then some feedback that we can look
at and digest over the course of the year and decide what to do the next time so I think 2 is the best way
to go.
Councilman Labatt: I think the comment that Scott made, and figure out first what the city wants. And
should we just go with Option 1. First determine what the need is and then doing an option after that.
Option 2 is fine. I mean...something else but I'm comfortable with it. Really I'm concerned that our
employees are treated fairly in the transition and not a hit on them financially too much. And then I'd
just like to open this up for public comment if we could, some of the residents here and...
Mayor Mancino: Okay. Before we go on, excuse me, I need to say a couple of things and I think that
that's true. I mean I think one of the details is, and obviously has been a concern and one that we talked
about at the work session was handling obviously our crime prevention CSO officers will stay on here at
the city and then just, we have two officers that will go on with Carver County and get the details on how
that transition will work. I think everyone is concerned with that on council. Anyone like to address the
council on this? Bob.
Bob Ayotte: Madam Mayor, Council. My name is Bob Ayotte, 6213 Cascade Pass. I've had the good
fortune of having quite a bit of interaction with Carver County Sheriff. Not specifically Sheriff Olson
but a number of his officers with some vandalism problems that we've been having in our neighborhood
and they've been extremely responsive. One of the concerns I'd like to voice this evening is not whether
or not we go Option 1, 2 or 3. I have an opinion but I'I1 keep that to myself. What I would request is that
Chanhassen work in concert to assist the sheriff's office to deal with some of the significant issues that
he must contend with. He's just taken over recently. I believe they're short about 17 personnel right
now, both jail and patrol. When you take a look at the ratio on a national average and possibly
Councilman Labatt can ensure that my number is correct. It's either 1 or 1.5 police officers per 1,000
people. Is that about right? And I believe the population of the Chan, or correction. Of the Carver
County sheriff's is around 57. And when you take a look at the aggregate of the community at large, it's
not just simply accurate in terms of ratio. There's a concern, not only in numbers but also the issue'with
what Sheriff Olson has to contend with in I believe Carver County's probably the worst paid in the metro
area. Is that a true statement? Compared county wise, am I close?
Councihnan Labatt: ...middle to low, I don't know.
22
City Council Meeting - October 11, 1999
Bob Ayotte: I suspect SheriffOlson could respond to that but my point is that we should take a positive
stance to ensure that we can assist and so maybe if we make it $100 a citizen rather than $50 but these
guys have to make more, one. So there's a quality assurance issue. I guess that's what I'm requesting.
That if you do go to I believe it's Mr. Cussock under the community policing activities, that possibly they
could also address the issues with quality assurance to assist Carver County in not only meeting numbers,
and not only meeting the type of police that we may need, but also assisting with the quality assurance
that's needed to keep these police that we have on hand. Attrition is high and the only way to keep a
good person, whether he's working the police force or in the private sector, is all you can to make sure
his benefits are there so he doesn't have to worry about his family and so on. There's also internal to
Carver County, I don't know if we can effect as possibly Mayor you can with your influence with the
county commission. There's a tremendous imbalance. Take the secretaries. A secretary is a very
important position. Now when you compare it to an inspector on the sheriff's department, should they be
making more.9 I don't know. So there's also the issue of not only an equity in pay for comparatively
speaking, there's an inequity within the structure of Carver County and we as the largest community of
Carver County should take a position and influence those people so we can assist the Sheriffwho has an
upward battle. So please, from a citizens standpoint let's look at quality along with the numbers. Thank
you very much.
Mayor Mancino: Thank you. Thank you. Appreciate that.
Robert Mortenson: My name is Robert Mortenson, 7371 Kurvers Point Road. First off I'd say I think
the Carver County Sheriff's department is doing a very nice job. I'm very pleased with the services that
they're providing. I don't have a problem with that. I do have a problem with two of the people in this
room have commented that, for an extra $50 we can get some additional service or whatever and I think
it's kind of indicative of the situation of taxes today in Minnesota, and real estate taxes in general. I'm
sorry but I've been...just about $10,000 a year and I'm sorry but that's a lot of money. And I'm not
debating whether the Carver County Sheriff isn't worth it. They are. But it's your responsibility to keep
a lid on things and make sure that we're spending the money wisely and a lot of communities would love
to have the tax base we have. And sometimes I feel that I'm the unheard voice and I do sometimes feel
beat up.
Mayor Mancino: Thank you. Appreciate that. Okay. Let's bring that back. We've had a motion.
Anyone else? We've had a motion. Is there a second for Mark's motion? We haven't gotten to that part
because I wanted to make sure we got discussion.
Councilman Senn moved, Councilwoman Jansen seconded to approve Option number 2 for the
2000 Policing Contract with Carver County with direction that staff proceed on the negotiating a
contract which would include performance measurements as delineated by Scott Botcher, Bud
Olson, Mike Fahey and Roger Knutson. Secondly, that a provision be ordered into the contract
that the City can audit hours at any time they want in terms of hours against performance in the
contract and direct staff to come back with a complete contract. All voted in favor and the motion
carried unanimously.
Mayor Mancino: So we will go with the Option 2 and give you that direction. And obviously have the
experts work on the performance measures and bring us back something. Anything else, Mr. Botcher, or
anything else Bud that you need direction in?
Bud Olson: No, thank you...and we'll proceed forward.
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City Council Meeting - October 11, 1999
Mayor Mancino: Okay, thank you.
Bud Olson: Appreciate all the comments.
REQUEST FOR SITE PLAN REVIEW FOR A 17,544 SO. FT. HOTEL (WINGATE HOTEL)
AND A VARIANCE TO ALLOW A THREE STORY BUILDING IN THE HIGHWAY
BUSINESS DISTRICT; LOCATED ON LOTS 2 & 3, BLOCK 1, CROSSROADS PLAZA 3RD
ADDITION, NEIL WEBBER ARCHITECTURE.
Sharmin A1-Jaff: The applicant is requesting site plan approval for the construction of a three story
hotel, Wingate Hotel. And a variance to allow a three story building in the Highway Business District.
The building is proposed to have 17,544 square foot area. The site is currently zoned Highway Business.
It is bordered by West 79th Street to the south, West 79th Street Center to the east and Applebee's and
Tires Plus to the west. Access to the site is provided via West 79th Street. The parcel area is 1.8 acres.
The site is visible from Highway 5. We've been working with the applicant for approximately 3 months
on this project. Materials used on the exterior of this building include brick and EFIS. The first and
second floors of the building will be brick, and the third floor is EFIS. The applicant does have some
materials with him and when he presents the architectural design of the building you will be seeing the
renderings as well as the materials. There's a service door, trash pick-up area located along the west
elevation. This door. This is the service door. Vehicular parking is proposed along the north portion of
the building of the site. As I mentioned earlier, this site is within the Highway 5 corridor which is the
underlying district for setbacks. What the applicant has done is pushed.., facing West 79th Street and all
the parking is then placed to the back. Completely screened from views and located behind the building.
There is a variance attached to this application. The Highway Business District allows a maximum of
two story buildings. The applicant was willing to build underground parking to free up some space.
Hard surface space for the maximum building portion so instead of putting parking, you put up buildings
and the parking would go under there. However, there's a high water table on this site and it's doable but
it's cost prohibitive to go forward with that alternative. Another issue associated, we are recommending
approval of this three story variance. And the applicant has brought in sketches that show how this site
with three story relates to the buildings on the east and west of the subject site. As well as sketches of
what a two story building would look like with a pitched element in relationship to a three story.
Another issue associated with this site is restrictions on types of materials used on this building. The city
owns the property and has entered into a purchase agreement with the hotel. The restriction requires all
exterior surface materials on the building to be composed of at least 80% face brick, stone or glass.
Since the Planning Commission meeting the applicant revised the exterior materials on this building and
the current design has a total percentage of brick and glass of 82.3%. So that portion meets ordinance
requirements. The last issue deals with hard surface coverage on this site. The ordinance requires 65%
hard surface. Maximum of 65% .... part of this subdivision for the hotel. When Applebee's was
developed, the City granted a 66.5% hard surface coverage variance. That's 1.5 deviation from what
ordinance permits. When Applebee's was developed the City granted a 70% hard surface coverage.
That's 5% deviation. In both cases .the understanding was that when the hotel site developed, they would
make up the difference. That means approximately 3,100 square feet of green space that they would have
to incorporate into this site. We need to point out that the ponding in the surrounding area can handle a
70% drainage and hard surface coverage and the storm sewers in that area were designed to
accommodate a 70% hard surface coverage. We also need to point out that the majority of the site within
the surrounding area exceeds the 65% hard surface coverage. So as far as creating a precedence, that
already exists.
24
City Council Meeting - October 11, 1999
Mayor Mancino: May I ask a question? Is the 65% the overall average? When I took the numbers and I
averaged Tires Plus and I averaged Applebee's and I averaged the hotel, the average for all of them was
67%. I took all three and divided that by three and got 67% so talking about 2% over the impervious
surface. Because it's always average of the aggregate.
Sharmin AI-Jaff: Correct.
Mayor Mancino: As we look at sites.
Sharmin A1-Jaff: You're probably right. As far as your calculations of the.
Mayor Mancino: That's what I've been told by, when I was on the Planning Commission so I just
wanted to make sure.
Sharmin A1-Jaff: I just need to add the square footage and compare it to the hard surface coverage but
you're probably right with your analysis as well.
Mayor Mancino: Again, I just took the numbers and added them up and divided them by three and came
out with an average of 67%.
Sharmin AI-Jaff: The last variance, staff is recommending approval of permitting this site to maintain
65% hard surface coverage as required by ordinance. The last issue deals with the Highway 5
requirements. The Highway 5 overlay district requires a fifth element on any building within the overlay
district. And in reviewing the design of this building we believe that it is acceptable and they truly don't
need a pitched element on the building. This item appeared before the Planning Commission on
September 15th. The Planning Commission did recommend denial of this application. The main issues
that they raised was the fact that, at the time when this appeared before them they did not meet the 80%
requirement of brick and glass. There was an issue with the 65% hard surface coverage. They thought
the site should make up the difference as required in the development agreement with Tires Plus and
Applebee's. And the third issue dealt with the third story on the building. They felt there isn't a
hardship and adding a third story was just a way to increase the income potential of the property. Again,
since the Planning Commission the only thing that has changed has been the adding brick on the exterior
of the building. Staff is recommending approval of this application with conditions outlined in the staff
report. Thank you.
Mayor Mancino: Thank you. Any questions for staff?.
Councilman Senn: Sharmin, my recollection of the, I guess I call it the old definition of the Highway
Business District and it talks about two stories but it doesn't define it. I mean does it define it by an
overall height limitation?
Sharmin A1-Jaff: No. It defines it by number of stories and that's it. There is no height limitation.
Mayor Mancino: It doesn't say two stories, 20 feet?
Sharmin A1-Jaff: No.
Councilman Senn: I understand. So effectively it doesn't really outline the parameter one way or the
other?
25
City Council Meeting - October 11, 1999
Sharmin A1-Jaff: No.
Councilman Senn: Okay.
Mayor Mancino: Any more questions before the applicant?
Councilwoman Jansen: I have a question for staff. And I didn't have a chance to look this up but the
bowling alley, is that the same district? Is it also Highway Business district?
Sharmin Al-Jarl: No. It's General Business District.
Councilwoman Jansen: Okay, so it changes as you get across the railroad track? Okay.
Councihnan Senn: The Highway Business District and the downtown district are two different things.
Mayor Mancino: But I think, I don't think the central business district has impervious surface
requirement.
Sharmin A1-Jaff: No it doesn't.
Mayor Mancino: The cinema does.
Sharmin Al-Jaff: Correct. The cinema is general business. The Dinner Theater is central business
district.
Councilwoman Jansen: Okay... And then when we were reviewing the real estate purchase agreement
on this property, there was that one condition that, why weren't we originally requiring hotel on this
property? Do you 'know?
Scott Botcher: Why the conditions were what they were, I can't answer that. They've been on the
property, maybe Todd can. But there is still that issue out there of, unless it's been taken care of, getting
a waiver from the neighboring property owner to allow for a hotel, is that correct? Tires Plus? Doesn't
Tires Plus have to sign off on a hotel being there?
Todd Gerhardt: Yes. Tires Plus has not signed off yet on the hotel use. Applebee's has. They have sent
us their release of the condition of allowing a hotel on this site. The reason the hotel got added was when
we first originally started redeveloping the downtown it was very difficult to find users to come here and
the Country Suites was taking somewhat of a gamble to locate in downtown and made quite a capital
investment in doing so. So at that time when we were marketing the property on West 79th Street, we did
not want to jeopardize their development as a business in the community. So we did put that condition
on there. Since then the Country Suites has expanded and we're seeing more demands for hotels in the
community. So that is one of the things that you have to consider tonight is releasing that hotel use as a
part of the conditions on there. You will ultimately have to sign a release also eliminating that use from
the property. You also must grant a hotel on there.
Scott Botcher: But any approval we would give would still be predicated on Tires Plus signing off'?.
Todd Gerhardt: Correct.
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City Council Meeting - October 11, 1999
Councilwoman Jansen: Okay. Was Americlnn aware of that restriction on this property when they built
across the street?
Todd Gerhardt: I do not believe they were.
Councilwoman Jansen: Okay.
Todd Gerhardt: It was something that the EDA had placed on the property as a part of marketing it. The
EDA had spent time talking about what kind of uses they'd like to see there and they definitely didn't
want to see fast food. They didn't want to see automotive repair type facilities. They wanted to see more
restaurants, retail type uses. Something that would be complimentary to the community.
Councilwoman Jansen: Okay. Thank you.
Mayor Mancino: Any other questions? Is the applicant here and would you like to address the council
please.
Neil Webber: I.just wanted to start out a little bit here with the site plan.
Mayor Mancino: Could you give your name and address. Thank you.
Nell Webber: Sorry about that. Mayor and Council, my name is Neil Webber. Neil Webber Architects.
With me tonight is Don Schein from Cambridge Commercial Real Estate representing the owner. I think
you've got a pretty good picture. We went through, and if you read the...from the Planning Commission
meeting, that was an interesting meeting and I guess the one good thing that came out of it is that we
went back and convinced corporate that we needed to add brick to the building as Scott told us very early
in the game was very possible. So we've done that. First I want to talk a little bit about the site plan and
how we arrived at it. Basically what we have done, as the report says, moved the building up along 79th
Street. Our building setback line here, the little dotted tine is what we're required. We're about 25 feet
back. As near as I can tell scaling Applebee's, and I can't say this for sure because I didn't have the
working drawings for that but it appears as though they're about 8 feet back from the setback line... Like
I say, we're 25 feet at the closest point. We're about 35 feet back here and of course... And what we did
is we altered the standard floor plan for the Wingate to an L shape so we sit on the site and meet the
setback requirements. Inside on the first level we have a pool in here with a plaza up here with
landscaping around it. The intent here is that we use, the hotel does have a restaurant facility in it so it
depends on neighbors which is exactly I. am assuming why Applebee's approved it. Because we think it
would be a real benefit to them, just as they will be to the hotel. Basically the entrance to the hotel is on
this site. Our signage, I'll show you on the elevation as it calls out... This is the entrance to the hotel.
We have a sidewalk connection down this side to the street as well as being able to connect, I think the
real entrance to Applebee's is right over in this corner. They've sort of turned their back to the
street...connection there. So basically that's it. You see the site plan which in this particular case shows
a landscaping and I think the report shows, I think we are exceeding quite handily the requirements of the
landscape plan. What is missing on this, and realizing that this is a conceptual thing with a lot of details,
whether we've got is the main trees here in the darker, the lighter green here is a little lighter stuff.
We've got the lobby entrance along the building a smaller scale...working drawings but the idea is to get
some color along the building and around the outside of the patio area that you can see from the street.
The intent here is that we wanted to be able to get buildings as far back from the street, and still get the
parking behind it. In order to get the right kind of parking we have loaded...so from that aspect I think
27
City Council Meeting - October 11, 1999
we meet all the requirements. Now bear with me here. This afternoon when I met with Sharmin to go
over our stuffshe suggested...going to be difficult to see. But take it one side at a time. What I'm
showing here is the relationship of the building to the neighboring building. What I got this afternoon
from Sharmin is the elevation as it exists, actually the one that was approved for Applebee's didn't show
this as...
Mayor Mancino: Our camera's turning.
Councilman Engel: You had me going there Todd. If this city thing don't ever work out Todd,
Hollywood...
Neil Webber: ...the distance between the buildings here is approximately 60 feet if you look at the site
plan. That's where it is with the property line down the middle of the access, down the middle here.
This is the south elevation, as I said of Applebee's and when the original one was approved, it didn't
show this as brick. It shows a canopy and I think that must have been added after it was approved.
Anyway, that's what this is on this side. This is obviously a one story building and you'll see that the, if
you follow it across here, it comes up just to above the window height for a second story. Now that's
· important when we get to the, show the building heights. Obviously we're not trying to pretend a three
story building is the same scale as a one story. On the other side, it's a little bit deceiving because the
building that's here, that exists here is basically an all drivit building and it's approximately 40 feet
separated... So what you're looking at here is a little bit deceiving in that regard but what we are
showing is the building height on this element here is approximately a couple feet lower than our
building, a building with a decorative element. So that part of it is you know again, we're not trying to
pretend that a three story building...but we're trying to show there is some consideration there. What I
brought along, what we added on the brick is basically this brick, which is a direct match to the trim.
That is the basic brick of the building. And that goes to the underside of the windows on the third floor.
So in other words we would have a sill all the way around the building up to the sill level of the
windows. That's what would tie itin. And this basic brick color here is, I don't know if this will come
across very well on the picture but this brick here is an exact match to the banding that exists on the
Applebee's. What we wanted to do is to get a brick that tied in with the surrounding materials, but
wasn't exactly the same. So all the brick on the Applebee's in this area, this brick. I don't know if in
fact this is the brick but...I will guarantee you won't be able to tell the difference. Then what we're
doing is taking a contrasting brick that isn't too contrasting and utilizing the horizontal lines that existed
when we used the drivit. They exist on this lower level. Some banding to get the building to look,
achieve that horizontal look that we had with the drivit material.
Mayor Mancino: Can you point to that again?
Neil Webber: You can see it on here. It's the heavier line. Here it's colored to try to depict here. The
banding is right at these windows and then one above the window here. Then above the window at the
second level we've got a soldier course of a darker brick which of course is lined up...so we get that
banding affect. Then this level up in here would be a white sill, just like you see in a lot of windows.
Then on top, there's the drivit material which is a fine pebble, or sand pebble it's called, which is the
final finish that would occur above this, up to the upper soffit area here and let me show you...can just
look at this over the top of it. Todd, if you can sort of focus in on that or is that too small? This is the
building section and this is the drivit material. The two lines that you see across the top of the building
are these two indentations in the drivit. They're shadow lines. They're not a different color. Then it
gets up to this point here and it's an indentation. This is the decorative fascia up above. It picks up on
the flagship color if you would of the Wingate is green. It's quite coincidentally matches almost exactly
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City Council Meeting - October 11, 1999
the awnings of the bank on the corner. Coincidence because this happens to be a Wingate color. So
what is happening here, we are picking up this green on this decorative fascia and then the metal flashing
cap right here. Metal flashing to match this. That's the basic color scheme of the building... Another
thing here that addresses the... Sharmin and I don't want to make a big point of it but it's important. At
the Planning Commission I said that a two story building...I was wrong. Two story building with a
sloped roof of 6/12, which is... That building, the two story building with a 6/12 sloped roof is actually 4
feet higher. Admittedly it is receiving nice, and I'm not trying to pretend it isn't, but when you look at
the sheer of the actual height, it's actually 4 feet... That's one reason we don't see that as a major issue
when we consider what we've done with the banding and you've seen this on quite a few buildings. It
does, the design affect is to lower the height of the building visually and the top building being a lighter
color...green at the top, That's the accent. The image that Wingate wants to project and I guess in
adding the brick, that was a real important thing for them is to be able to keep this image, that's just like
any other franchise. They want people traveling the country to know what they're going to get and they
want to be able to have that image... I think that's, did I cover all the issues? I'm basically open for
questions. I think we listened to what the Planning Commission said and tried to address the issue with
the brick as much as we could. The hard cover issue, I think you're absolutely right...if you consider
we're really dealing with two lots. Really four lots. We're both at the average...but when you start
talking about 1% to 2%, especially if the runoffand the ponding area will be able to accommodate it, I
guess I don't see that as a major issue.
Mayor Mancino: Probably a green space issue too but thank you. Thank you very much for showing the
materials and the detail that you went to showing us that. Any questions from council members for Neil?
Steve, any questions? Anyone else?
Councilwoman Jansen: No.
Mayor Mancino: Okay. I think it's up to you.
Scott Botcher:
overhead door.
materials?
And Sharmin maybe you can help me with some of these. The garage door, or the
That's on the side of the service entry. What would the color of that be and what are the
Neil Webber: It would be, well I guess I'd have to, I would assume it'd be a metal finished door that
would be painted out to match the face brick. The intent is to make it the same as the face brick...
Scott Botcher: I don't see a dumpster on the site plan. Where is it going to be and how are we going to
screen it?
Neil Webber: Internal.
Scott Botcher: Best screen you could ever see. HVAC visibility? Will you see any from the top? I
mean with Highway 5 sort of being out there. It gets a little high.
Councilman Engel: The elevation of 5 is quite high.
Neil Webber: Yeah, I guess what our intention is here. When you look at, actually you can see it on
both of these. We have got approximately from the building...to the top of this parapet about...actual
height and I think that we would not be opposed, I mean obviously anything there that could be seen we
would screen, but my guess is at that height, at tree level, even from Highway 5 you would not see the
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City Council Meeting - October 1 I, 1999
mechanical. Ifwe...we would just screen it. I think it's inherent in the building design that it screen the
rooftop units.
Scott Botcher: And you may not. I guess I'm just, since you don't have drawings...had situations where
they make these condenser units that are flat. You know they're built for this sort of stuff and they cost
more, but my only concern is, you know I know we've all worked very hard and we've met on this thing
but we don't have, I've never seen the final HVAC drawings. So I don't know if you guys.
Neil Webber: There are no final ones.
Scott Botcher: Yeah, if you guys have determined the tonage of the units that you need.
Nell Webber: Well yes, and I guess I don't have shop drawings as to what. Here's, let me just add this.
I did a, just completed an office building at 7 and 101 in Minnetonka. Very similar situation where 101
going towards 7 from the south is elevated. You go by, it's across the street from MLT, if you know that
area. And that was a concern Minnetonka had about the rooftop units. What we've, we were approved
there with this as a condition and that is, number one mechanical people are well aware that ordinances
require screening so modern mechanical equipment tends to be constructed in a nice box like shape. And
what we did there is we simple said we will put the mechanical units on the roof. We will paint it out the
same as the flashing material. If it can be seen, we will screen it. Minnetonka took a look at it. You
basically can just see the hair of it. They said fine. It's a way of dealing with it that assures that you're
not going to be sticking some big mechanical unit up there and it also doesn't obligate us to say we're
going to screen it if in fact screening is irrelevant. Because screening mechanical units on.the roof are a
real maintenance issue for building owners.
Scott Botcher: The only issue I have on screening a roof unit is that to me it's an alteration of a site
plan. It changes the architecture of the building and so I personally, and you guys do what you want. I
have never been in favor of just approving a screening as a solution unless it's integrated as part of the
site plan. Personal opinion.
Neil Webber: I understand and we...
Scott Botcher: And most architects will tell you that too. You guys, I know the building owners hate
them because they are a pain.
Councilman Senn: Yeah, if you have a 44 inch parapet wall, which we're talking about here, unless you
have an extraordinary large HVAC unit and you put it right over the edge of the building, there's no way
you're going to see it.
Scott Botcher: I just, I want to be sure that if we don't, andI'd like to push people to go for, if there is a
concern...specialty units would fit and just express strongly our concern about the rooftop units.
Mayor Mancino: Okay. Also, they've also been located more in the center of the buildings. Keep it
away from the outside perimeter so that you can't see it so when, the location has a lot to do with it too.
Neil Webber: And quite frankly it's most efficient to work out with distribution down the middle
because the corridor is used for distribution.
30
City Council Meeting - October 11, 1999
Scott Botcher: Beyond that, you know Sharmin stated pretty clear the couple percent is minimal. The
three story thing is not an issue to me and I think they've responded to the material issue. To my
satisfaction anyway. So I guess beyond the HVAC unit issue, I think it'd be a nice addition.
Mayor Mancino: Neil, I only have two other concerns and one of them I'd like to put in the form ora
condition and just make sure that you're comfortable with it. And that is that making sure that during
construction that the construction vehicles can't park in the parking lots where Applebee's and Tires Plus
use because that's just, that parking lot becomes very, very crowded and I just want to make sure that no
construction vehicles will park there. And so maybe in your phasing in you do the parking construction
first of your parking lot. Do the construction there so you've got a parking lot.
Nell Webber: ...we only utilize our site.
Mayor Mancino: Yeah. Okay.
Neil Webber: I don't ~know any site that's allowed us to use the neighbor site so I understand that.
Mayor Mancino: Okay, I just want to make sure because you're so close right there. You're so close
right there. And then my only other concern was if there's any lighting on the building, and that if there
is going to be any lighting on the building that it be shielded fixtures.
Neil Webber: There is no lighting directly on the building. What happens is that the canopy area has a
down light on the street side, and of course...
Councilman Labatt: As long as we're on possible amendments. I knob,...designated senior citizen
parking stalls. So kind of looking at this and reading what number 7 is here...for handicap. I'm
assuming they're handicap. It doesn't say in here. Be provided with aisle ways. I'd also like to add that
they take a look at seven stalls up against the building...
Mayor Mancino: What's your demographics on that? What do you expect to, do you have any idea?
That's pretty detailed.
Nell Webber: It's basically businessmen hotel. That's the majority.
Mayor Mancino: Business person's hotel. Excuse me. Okay.
Neil Webber: ...
Councilman Labatt: Then there should be some more up front spaces so. There's a chance here where
there's three spots here...
Scott Botcher: Other businesses have them in the community. It's almost a non-issue because seniors is
such a large demographic.
Neil Webber: Yeah, I don't see that as a deal breaker or anything.
Scott Botcher: That'd be senior men, right? I just want to make sure I've got this straight.
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City Council Meeting - October 11, 1999
Mayor Mancino: Okay, thanks. Thank you very much Neil. No other questions at this point. Anyone
else like to address the council that's here tonight? I see some people. Please do.
Tom Schneider: I'm Tom Schneider. I live at 5000 Suburban Drive'in Excelsior. A resident of
Chanhassen but I do run the business next to... This building is set back... I'm not opposed to a hotel at
all. I'm opposed to the way the hotel is proposed to sit on the lot. If you drive Highway 5 coming, I
don't know how to even present...but when you come from the west, Cheers Wine and Spirits, which
again is right here. Is pretty visible. As a matter of fact... With a three story building sticking up as
close as it is, it's going to make it completely impossible. So while it doesn't bother Mr. Botcher...three
story building, it does to me a lot because...
Scott Botcher: How many hotel people do you think will go to your business?
Tom Schneider: That's what our business is all about so.
Mayor Mancino: Tom, you 'know I drove that. I read the Minutes from the Planning Commission and
drove it today. You know west to east and you're right. Even right now Applebee's and the trees shield
it. And even if we were to do a two story building, it does meet setback. Our ordinance, our setbacks.
With a sloped roof it would still do the same thing to your building.
Tom Schneider: I thought about that and I agree but what, two questions. One is, what if the hotel was
actually in the rear? Parking in front. Question number one. Question number two. Is with a two story
pitched roof, couldn't we address the sight lines a little bit more efficiently with a different sign. A
different sign with a two story building would, I mean that's going to be a huge sign. I'm not sure we
could address it but with the two story pitched roof, I think we could establish a different way to provide
signs.
Mayor Mancino: Well the sign, are you talking about the monument sign?
Tom Schneider: I'm talking about a sign for the whole 79th Street Partners. That whole building.
Councilman Senn: Your signage you're talking about.
Mayor Mancino: Your sign? Oh, okay.
Tom Schneider: I'm worried about our signage, or our sight lines. That's what I'm worried about.
Mayor Mancino: And you're not, I mean obviously you didn't buy property right on Highway 5 so
you're across the street. I don't know about your signage, as far as right now what we can do about that.
Tom Schneider: My point is, with the two story pitched roof, I think we can probably address something
with some resemblance ora decent sign. With a three story building, I don't think we can. We'd have
to get, for us, to be in our sign, would have to be huge to be able to get... I mean my point is this. Is
that... I mean we really do. It's a big deal. I mean we belong to the Chamber. We go overboard on all
that stuff.., and when I came to the Planning Commission, I dropped this off...I think it'd be great if we
could move this hotel in the rear and put the parking up front. And the response was from Mr. Webber
that they met the street offset.
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City Council Meeting - October 11, 1999
Mayor Mancino: Yeah, it's more than that. It's not in the street offset but as we you know developed
Applebee's and the Americana Bank and that whole area, one of the things, the very concept was
bringing the buildings up to the streetscape and having the parking in the rear so that our public areas,
our roadways, the only thing that's around them is not just parking. That we have some building frontage
and the fine architecture of those buildings are right there to greet you on the roadway and that we have
the parking in the rear. We very consciously, as a huge task force was formed in this city and for 2 years
talked about how Highway 5 was going to look and what you would see and trying to build berms, etc so
that the whole corridor down Highway 5, you just didn't see parking lots. And that we had our buildings,
our fine architecture out there. And it's been something that a lot of people on West 79th like about it.
They like the Applebee's being out there in front and the nice architecture and the buildings, etc.
Tom Schneider: But I agree with the two story pitched roof, but not a three story... You know the one
other point is that we had a little sign, a little banner up, hanging on the side. On this side... This side of
the building and we had, I was unfamiliar with the...we got a notice that we had to take it down and they
very conveniently...so I of course took it down. And again the law was very clear on exactly what the...
and at first I was a little upset because gee you know, again I'm trying to run a business and I'm trying to
get a name out. Trying to have people come by and...and yet there's no way that they can see short of...
So at first like I said I was a little upset, but then all ora sudden I got to thinking gee, that's what the law
is all about, right? The law is there to protect.,. We've got a three story versus a two story. You're
going to make an exception on this. The other one is what? The brick. I assume that that's been resolved
so that's no longer an issue. So my big question is that...ifI owned this.land, would you guys make this
concession for me? For the hotel...
Mayor Mancino: Well I can answer that very honestly and we make exceptions all the time. When
they're this close and we can see a good rationale for making some variances. And it would just depend
but to me it doesn't matter who owns the lot. Whether I will personally go with a variance or not. It
depends you know how much it is. Like whether it's a 2% versus a 5% or a 10%. Or what two stories is
with a pitched roof versus three stories. I mean those are the kind of questions that we're asking so that
we can understand and decide whether we will go with a variance or not. Who owns it, for me makes no
difference. And you'll have to hear, you 'know other council members. Also, when it has to do with the
sign ordinance, just so you know that several years ago, and again this is probably 2 or 3 years ago the
Planning Commission spent months and months meeting with our Chamber members, etc and designing
that sign ordinance. And you know we had joint meetings for many months trying to hammer out the
sign ordinance so that it would be fair and equitable to everybody in our downtown without having a
proliferation of so many signs all over. So we worked very much hand in hand with the Chamber on that.
And also know that any of our ordinances, we're always willing to look at them and say, do they need to
be changed or not. I mean we don't do it willy nilly but if someone comes up and says, you know times
have changed. We need to be looking at it, we give it a good shot.
Tom Schneider: ...I mean I understand the reason for the parking in the rear. But again with a slighter '
building on it. With a building this size, with the size of the three stories, straight facade, doesn't it make
more sense to put the parking in front of the building? Then all ora sudden no one has a problem. I
don't have any problem with the hotel coming in. I stated that up front. But it's just the fact that it
completely.., sight line for that whole building. Not just Cheers Wine and Spirits but for that whole
building. I mean it does screen it a lot.
Mayor Mancino: Appreciate it, thank you. We'll have that discussion. Come on up please.
33
City Council Meeting - October 11, 1999
Brian Burdick: Good evening. I'm Brian Burdick with Burdick Properties, 684 Excelsior Boulevard in
Excelsior. I'm here this evening regarding the 79th Street Center immediately adjacent to the east, which
Tom Schneider, the owner of Cheers was just referring to there. And I have a couple of comments for
you and a lot of them are the same probably as what Tom has stated this evening, but maybe I'll just
reiterate some of those for you. Burdick Properties is not opposed to the hotel development on this site.
Another good quality, sensible, reasonable development on this site. Something that makes sense. I
think that's good for everyone. I think it's good for the 79th Street Center. I think it's good for the City
of Chanhassen and so forth. That's not a problem. As a matter of fact I'm going to say we'd like to see
development on there and I think a hotel, they've made a nice presentation. They have a good looking
building. Apparently I remember from the Planning Commission meeting that there was a discussion on
the brick, the amount of brick percentage being in the purchase agreement and apparently they've taken
care of that through their plans. I don't know the details but I remember that originally they had no brick
and so they've done a nice job doing that. The problem is that this building is simply huge. It's three
stories and it's going to be huge and if you've seen, I'm sure everyone here has seen the Americana Inn
along Highway 5 and that's a three story building. And this is just a huge building, 17,500 and some
square feet. It is placed very close, as close as possible, to West 79th Street. When you drive by this site
you take into account the curvature of the road, the way they brought the building towards 79th Street.
With a straight facade, three story building, this thing is going to be a monster. Where they currently
have it on the site plan. It's huge. My other point that kind of goes along with that, or it certainly does
go along with that. Is that for us owning 79t~ Street Center there, and a lot of good tenants and Tom
spoke. I think he is a good person and so forth too and we all appreciate that. That it is, this building
where it is proposed on the current site plan is going to severely block the view of the entire center. The
light and the air space you commonly refer to. It.just is. If you look at it and you see how it is, and you
start comparing it to the Applebee's and Tires Plus immediately adjacent, and I've heard some reference
this evening to those two buildings. I'm going to guess on the top of my head, so please don't hold me to
the numbers but that those two buildings together are about 10,000 square feet in two separate buildings,
one story with a flat roof. This building is three stories with 17,500 square feet so it's going to be huge
sitting out there. I think what makes sense, I said we're opposed to where it sits on the current site plan.
Is to move this building to the north. Put the parking in front towards West 79th Street. You're still going
to see the building if they're concerned about views or sites of the building. You're clearly going to see
it from Highway 5 if you really look at your sight lines there. It's still going to be plenty big to have
great sight lines from Highway 5 for the business travelers. There's no doubt about that but it makes a
lot of sense to move the building to the far north end of this property. Put the parking up front, and I
understand the concerns, and I appreciate those. I like that too so this is a little difficult this evening
about having the Applebee's up towards the front. Or towards 79th Street, excuse me. And then on the
Tires Plus on the north end with parking in the middle. Two, personally I think it's nice not to have all
the parking lots in the front and seeing all the parking lots. I think it looks better to not do that but the
Applebee's and Tires Plus are very different from this site. They're two buildings. They put the parking
in the middle and the total building on that larger piece of property is a heck of a lot smaller than this
proposed three story building with a straight front on it. So I think that's, I guess what we'd like for you
to just consider is somehow to work with the developer and the neighboring property owners, and move
this proposed building to the far north end. I think somehow they could accommodate it. This gentleman
seems like a very good architect and reconfigure it, moving it towards the north end. Bringing the
parking out front. It makes a lot of sense. I also think one other issue is, this building the way I see it
sitting there and driving by there many times, I think there's going to be serious safety concerns. People
pulling in and out of the parking areas there. This is going to be a big building. You need to look
around. Take a left view or a right view, depending on which direction you're going on 79th Street. I
think there's going to be some real safety concerns there. It's so far forward towards 79th Street. And I
don't think anyone would want to have any safety issues there. Safety concerns or something worse than
34
City Council Meeting - October 11, 1999
that certainly. So we'd really like you to, appreciate you to consider every one to review it. Move the
building to the north end of the property. Pull the parking out front. Makes a lot of sense. Parking is a
problem in that area, just one note on the parking in that area. I think people already know, it's a real
problem. Every time I see it at Applebee's and Tires Plus, there is overflow parking going every which
way. There's cars parking up and down the access road between these two properties. And it's been
vacant there so they park all along the side. Well it's not going to be vacant once the hotel is built there
too so there's just always been a, definitely a parking problem there. And that's at the size it's developed
with the Applebee's and Tires Plus which are much smaller. Too so, thank you very much.
Mayor Mancino: Thank you Brian. Sharmin, did engineering have any concerns about sight lines going
in and out? They feel with the setbacks that we have, that those are okay? Okay. And they did review
them? Great, thank you.
Councilman Senn: Is the building placement being driven by us in relationship to the Highway 5
ordinance? Or is it being driven by the applicant's desire in terms of building pad?
Sharmin A1-Jaff: Both. We gave the applicant the Highway 5 overlay district ordinance requirements.
And we said read those ordinance requirements and that was the way they addressed that issue. Also,
because of the shape of...push the building to the south. So it's both. The applicant as well as the City
wanting the parking hidden and in the back.
Mayor Mancino: Neil, do you want to add to that?
Neil Webber: To answer your question, I think both. I think we were told basically that the concept of
the parking, that was something the City would like to see. A general statement. Not anything specific
but what we attempted to do here is, we obviously knew that we had to meet the setbacks and we wanted
to create a space in here too so the building didn't just crop on 79t~. The L shape tries to address that.
The only place that we, I mean here is the closest place and we're exceeding the setback already. Over
here xve're exceeding the setback by twice the distance and then everything in here of course is...so
we've exceeded maximum setback at all points, and only at one point are we within 5 feet of it. So I
guess our intent was to keep it as far back as possible. No, if we want to reduce this buffer area here,
which we felt was somewhat important, we could probably just slide the whole thing back another 5 to 6
feet. That would work. I guess you know we tried to address the issue of saying we're going to have a
three story building along 79th. We don't want to put a building that just fronts at the setback line here so
we attempted to vary so when you look at this street elevation,' this part right here is, this comer is at the
setback line. Everything over here is well back from the setback line. So because of the shape of the
building so in a sense we understood what the city was after and we understood that we didn't want to
put a building that was just a massive along here and that's why we've attempted to show, and I think
that the site plan shows a fairly extensive amount of landscaping there that would further soften it. When
you look at these trees here, these trees are about 20 feet tall which probably relates pretty close to a 4
inch caliper B&B tree. What that does is that provides that step up in scale off of 79th. So yeah, it's an
issue and I think we've tried to address it as best we could in the design sense.
Councilman Senn: Well if you go back the 5 or 6 feet you're talking about, that's not going to really
accomplish much of anything.
Neil Webber: That's correct, and see we felt that this was a fair, this lines up, it doesn't show here. It
lines up with what's happening on the back of Tires Plus and we felt that that was an important element
35
City Council Meeting - October 11, 1999
to keep and it gave us a good buffer between here and I think the railroad tracks are right here. You
know a good buffer between the tracks and the parking lot as well.
Councilman Senn: I assume you want to stay away from the tracks.
Neil Webber: Yeah.
Mayor Mancino: Well the other part, the other underlying part is the curvalinature of the street. You
know we try and build in again this balance of having our streets have some character and curve to them.
This one obviously works against the center to the east when you come west on Highway.
Councilman Senn: No, no, no I agree. But I mean it's also a little bit of a conflict that deals with the
new. I mean when the center was built you 'know parking was put out front and the buildings were set
back. You know the Highway 5 ordinance moves the building forward, put the parking back. In this
particular situation that I think presents an interesting dichotomy because what you're doing is you're
backing up parking to an already existing sea of parking. So effectively what you're doing is you're even
taking a situation I think is far less than desirable now as it relates to the parking, and making it less
desirable. But I mean again it all depends on which side you want to view this from. I mean if you want
to look at it from the site already that's over parked and over hard surfaced and everything else, you
~know your tendency is to say well let's do something to compensate there. If you want to look at it from
the Highway 5 ordinance side, you're looking to say well let's compensate it from something there. So I
guess about every side of this thing you could look at it and...
Mayor Mancino: And if you go way back in history, like Excelsior, they were all in the back so anyway.
Thank you. Anyone else wishing to address the council? Please do so.
Jim Burdick: Good evening. I'm B.C. Jim Burdick from Excelsior. Mr. Webber and I have a cordial
relationship. I want to keep it but this 6/12, that just doesn't hold water. There isn't a building in
Excelsior with a 6/12 roof on it. That's about an A-frame. And you don't put peaked roofs on
commercial buildings. Much less ora peak. And the three story of course bothers us because it's going
to hide some very fine business places. Cheers, Safari Tanning, Insty Print, Kitchen and Bath, and Hour
Glass Dry Cleaners. So surely we think you should stick with the two stories but really would have no
objection to three stories if the building was moved to the back .... 79~h Street, the building was to the
back. It'd be much more in harmony to have the hotel farther back. I guess I haven't seen a hotel, except
in the small towns and built 75 to 100 years ago, in which the parking was in back. People do not like to
park in back. Shopping centers years ago. Remember the old Montgomery Ward building on University
Avenue in St. Paul. Out to the street. Things were pretty slow. Shopping centers. First were out near
the street. Parking in back until when they had very poor soil in front, put parking in front. Put parking
in front creates success. One of these is Miracle Mile, Excelsior Boulevard and 100. So I'd like to, I'd
say we'd be compatible with these people if they just move it to the back. It's going to look better. Be a
lot better for us. It's going to be better for the city of Chanhassen. So I'd like to request that you follow
the Planning Commission. The Planning Commission seemed to spend a lot of time on this and deny it
· and then negotiate with them on setting the building to the rear. Something was said here about this in
planning stage you know, but we didn't learn about this until quite recently. So we weren't in on that or
didn't know about it. I guess that's about all I have to say. Thank you.
Mayor Mancino: Thank you very much. Now both of you did make it to the Planning Commission.
Yes, because I read the minutes and you were there. Okay. I just wanted to make sure that you got.
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City Council Meeting - October 11, 1999
Jim Burdick: ...in the works for 3 or 4 months. We didn't know about this until...
Mayor Mancino: Okay, thank you Mr. Burdick. Anyone else? Wishing to address the Council on this.
Okay, thank you. Let's bring this back to council. Councilman Senn.
Councilman Senn: It seems to me we ought to maybe sit back and take this one step at a time. You know
traditionally the way, at least I've tried to look at variances is to, you know we try to evaluate variances
on basically a pretty open, you know a pretty free basis. One of the key factors is, you know how does
that relate to the neighbors and people who had formed expectations you know based on those things that
were effectively in place before property abutting or neighboring them and I think there's some
legitimate concerns and arguments over that. And I guess the thing I keep coming back to in my mind
though, and I don't even want to get into that understanding of why it's that way because...but why don't
we get past the first issue first. We may be arguing over absolutely nothing. I mean you've been turned
down by one of the two parties. And they haven't agreed to sign a waiver allowing a hotel there. So I
mean do we really have something in front of us we can do anything about one way or the other.'? And
my understanding to that is that we at least weigh that restriction on the property in favor of those two
parties. Those two parties have to agree first for this even to be a project. So I mean I don't know. So
it's kind of like, how much do you want to get into the details, positioning and how do you balance this
site and how do you balance it between existing things around it including seas of parking, railroad
tracks. I mean there's tons of...use that you put on it, and we're doing that over a use we don't know if
we can put on the site.
Mayor Mancino: But obviously we can always say yes to a site plan contingent on their getting approval.
Have we gotten at all a negative response from anyone or just?
Councilman Senn: That's my understanding.
Mayor Mancino: I don't 'know that.
Todd Gerhardt: Tires Plus is looking for an additional sign on their west side of their building. We've
made several phone calls. We've met with them and...
(There was a tape change at this point in the discussion.)
Scott Botcher: ...and no, he's right. No letter has been forthcoming.
Mayor Mancino: Yes, Roger. Do we have to make a decision on this? Do we have so many days or?
Roger Knutson: They called me and I met with them briefly at 3:00 this afternoon. Tires Plus on the
sign issue. They made an argument to me as to why they don't need a sign variance and I have not, again
it was just at 3:00 1 met with them. So I haven't had a chance to look at it. They think they have as a
matter of right to have an additional sign but again, they just called and I met with them briefly. And I'll
evaluate that.
Scott Botcher: I think he also says the 120 day clock, has that expired?
Roger Knutson: That's correct. The clock started running on 13 August. So we have 120 days from
then.
37
City Council Meeting - October 11, 1999
Mayor Mancino: And they have the sole right, if they don't say yes, then the hotel can't go there?
Todd Gerhardt: Well the issue again is the sign and Tires Plus believes, as they made the argument to
Roger today, that they have the right under our ordinance to put a second sign on the west side of their
building. And Roger is reviewing their request on that. And so the bali's kind of in Roger's court to give
us, staff an opinion on their request. It's kind ora complicated one that Roger's going to have to look at.
Councilman Senn: But the answer to your question is yes. Regardless of the sign. They have the right
to approve or not approve the hotel use on this property.
Councilman Engel: I'm curious how they ever got that right.
Councilman Senn: Well like I said, I didn't want to get into this wonderful, I mean the exception was
created for Country Suites and Country Suites should have been named as the benefiting party. They
weren't. Now you've got a restaurant and a tire store that has the right to determine it one way or
another but you know it's silly, it's kind of water over the dam, there's nothing you can do about it but
the issue I heard here earlier was about a sign. And signage and stuff and I don't know, that could be real
interesting one to see considering we turned down Applebee's for a sign on the west side and a whole
bunch of other things. I'd love to see how that rationale works but on top of that I mean I don't know
how we can bargain away our sign ordinance to get a hotel and then turn around and tell people next door
who are being harmed by the hotel to no, we can't redo your signage because it doesn't meet ordinances
and it just seems to me we've just gotten ourselves into a little bit of a spaghetti factory we shouldn't we
be in so that's why I'm saying.
Mayor Mancino: So you're saying first things first.
Councilman Senn: First things first. Let's go back to do step one and let's take this thing one step at a
time. I don't think we should grant approval which makes anything contingent upon Tires Plus who just
turns around and gives them bargaining power to try to hold us up for a signage deal or something else
etc, etc, etc.
Mayor Mancino: Okay, thank you Todd. Neil, did you want to?
Neil Webber: Well yeah I guess, I understand what Councilmember Senn is saying and I guess from our
point of view what we were trying to do is develop a plan. Meet as many of the guidelines as possible...
Mayor Mancino: Yeah, we understand that.
Nell Webber: We certainly understood the Tires Plus. I guess on the flip side of that, it's my
understanding that if Tires Plus approves the hotel, they get paid off approximately $175,000 assessment
on it which is a little bit of a motivation so our thinking is we get a project that is okayed by the city
contingent on approval. What that does is it gives us the authority to go back and say okay, let's work
something out here.
Mayor Mancino: Yeah, but I also see where Councilman Senn is coming but yeah.
Neil Webber: It's the same argument we had before. There's two sides to it and I guess in our way of
thinking moving it forward is a lot more efficient. If we get a plan that is...right now, Tires Plus will say
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City Council Meeting - October 11, 1999
well gee you don't even have a plan that's accepted. So there may not be a project so why are we even
talking.
Mayor Mancino: Okay, thank you. Thank you for giving us your point of view. I understand that.
Councilman Senn: I'm sorry, I don't see two sides to this one at all. I don't know why I would ever go
spend dollar one in developing a piece of real estate with a use that's prohibited being on the property
with the abutting property owners effectively approval without first having the approval before I spend
dollar one to effectively make that investment. Sorry.
Mayor Mancino: Understand. Councilwoman Jansen.
Councilwoman Jansen: Well I guess I'm agreeing with Councilman Senn. Hey for a change. Sorry.
Mayor Mancino: Mark, do you want to change your?
Councilman Senn: I may reconsider, okay.
Councilwoman Jansen: ...and that's why I did refer back to the purchase agreement on the property and
we really hadn't had the update yet as to whether or not that had progressed. And I'm looking at the
same dilemma. I wouldn't want to put Tires Plus in that sort ora situation by approving something and
now sending the parties back. I know we've talked about you don't want to pit neighbor against
neighbor. Well this is business against business. Technical difficulties. We have blank screens.
Mayor Mancino: Oh well. I think we're still at the audio stage. Okay, I'm sorry. Go ahead.
Councilwoman Jansen: So I mean I could move through my issues on the property but I'm feeling as if
maybe we should be tabling this until the additional information comes back to us on where we are with
being able to move forward with the agreement.
Mayor Mancino: Makes good sense. Councilman Engel, do you agree?
Councilman Engel: You know I have other feelings about discussing this, and that is all moot based and
hinging on the signing agreement and their approval °fthat property. Just like Mark said, the fact that
they could hornswoggle a sign agreement they want which the very people we're telling to the east can't
get a break on, is very inconsistent so let's get over that one. Then let's come back and deal with this.
Councilman Labatt: I agree with that. It doesn't make sense to have the first runner get to first base.
Councilman Engel: Let's decide what the rules are going to be first before we go forward with this.
Mayor Mancino: Scott, do you want to weigh in on this one because I know that you've talked to both
parties.
Scott Botcher: I don't disagree with Mark. I mean I don't have a problem with it. At the same time I
don't necessarily discount everything that the architect has said. I guess the only thing I would say is,
whatever you decide to do at whatever point, I think it's important more than anything else that you stick
to the development stance of not having acres and acres of asphalt in front of buildings. You need to
make a change at some point and I guess the theory is if we can point to all sorts of bad architecture in
39
City Council Meeting - October 11, 1999
the world. If you never, ever changed it, that's all we would have. That doesn't mean that the buildings
are bad or it's just, there's certain design standards that have been found to be less palatable than others.
I don't want the Highway 5 corridor looking the downtown looking like the Miracle Mile Shopping
Center. I think it's important that whatever you decide, and these guys could walk away and go away,
whatever but whenever you develop that property, that you do stick to that parking lot in back thing. I
mean you're right. Communities have that. I showed you all the stuff with Delafield. We stuck
everything in the back and shoppers loved it. They killed to come there. We didn't have enough
parking. People want that more pedestrian, all the stuff you said. That's attractive to people. So
whatever you decide, whenever you decide it don't, and this is going to sound terrible, but it's a word I
use a lot. Don't roll over and say well we'll put the building in back, parking lot in front. Stripe it and
there it is. You can do better than that.
Councilman Engel: I had something else I wanted to add on this, I forgot. I'm inclined to agree with
Scott on that as well. The eastern development on West 79th should not be driving the architecture on the
site plans on the west. We're trying to turn this back the other way and we can increase security with
lighting, with cameras, with all sorts of other measures that I'm sure were problems that were referred to
earlier. But above and beyond that, we've got a piece of property here owned by the City and we've got
a development, a redevelopment problem just to the north of it on the other side of the tracks that hinges
on shared parking agreements and I don't care what's developed on either side if it's hotels, restaurants,
movie theaters, shops, I don't care. We should get by this parking problem that we encountered with an
earlier redeveloped proposal on the north side by requiring these parcels to have cross, shared parking
agreements. And that goes for anybody who comes on either one of these properties. I just want to bring
that up now because the field's wide open and now is the time to fix it so parties coming in on both sides
realize the position the city's in with some limited real estate. While we've got a chance for anybody
who comes in to know up front that the win for both properties is the win for the city and that is their
shared parking. And if parties on either side don't like it, it's something we should consider right now.
Scott Botcher: As long as we don't,' for example if the hotel use and a cinema use and they're both
parking lots that are full in the evening, we don't want to create a situation where a developer can double
count spaces that are full and say yep, I meet parking putting up the building...
Councihnan Engel: With that being considered. And I rely on you and staff to deal with that. What I'm
looking for is to give you guys some tools to make development work on both sides because we got a
problem with the parcel on the east because it's already owned. East of the Frontier.
Scott Botcher: Concept is interesting.
Mayor Mancino: Well, and it's a concept that we are using to the full extent at Villages on the Ponds.
And so you know we've done that. We're used to working out and looking at shared parking. The
problem that we also have with shared parking is making sure that all the parking lots are constructed at
the same time so that you can have shared parking. So that's the other part of it that we're learning. But
we certainly do have some experience and. I know staff has advocated for the last 3 or 4 years doing
shared parking and putting different uses and using shared parking. Yes.
Councilman Senn: There's a lot of inherent you know problems with the site that gets back to use
questions one way or another. I mean at the same time, I mean I think everybody understands. If they
don't, they should understand there's no way you're going to look to a hotel use on this site and slide it
back against the railroad tracks that's active. I mean I wouldn't wish that on anybody. In fact I just even
wonder why a hotel even wants to go there because I can hear those dang trains every day when they
4O
City Council Meeting - October 11, 1999
come through and I live a mile away. From that, and they just, they blow their horn all the way from the
east boundary of Chanhassen to the west boundary of Chanhassen, and they never stop. And stuff but I
mean those are all the issues that you get into this regardless of which way you slide things or which way
you do things so that's why I'm just saying fundamentally what we [eally ought to do first is resolve the
use issue. And then once we resolve the use issue, then take a hard look at which you know, which
concerns from which side can best be met out.
Mayor Mancino: Okay, it seems to be unanimous that the council would like to look at the use issue and
get that resolved with Tires Plus and table this and get this back on as soon as we possibly can. Get some
agreements there and talk about the sign variance and have Roger review it. So I do think that this is a
very good proposal. Very worthy proposal for the site. I can acknowledge the concern that the 79th
Street Center has, but I think that the, you've done a great job of listening to our concerns about
materials. The impervious surface I think that 2% is very negligible, and I think my biggest concern was
the three stories and how that impacts and going from west to east and looking at myself and also saying
two stories and a sloped roof, whether it's 6/12 or not, how tall that would be because I did go back to the
City Code and saw that there were no feet maximums. So I'm feeling more comfortable with the three
stories but I think you have a good plan. I think the L shaped helps set it back. Gets the massive part of
the building back off 79th as much as possible. So those are just some thoughts. But let's have a motion
please.
Councilman Senn: Move to table.
Mayor Mancino: Second?
Councilman Labatt: Second.
Councilman Senn moved, Councilman Labatt seconded to table the site plan review for Wingate
Hotel. All voted in favor and the motion carried unanimously.
AMENDMENT TO APPROVED SITE PLAN; LOT 1, BLOCK 1, ARBORETUM BUSINESS
PARK 3m> ADDITION (FORMERLY THE OUIK TRIP SITE); MIKE SCHLAGEN.
Mayor Mancino: Scott, what do you need from us on this?
Scott Botcher: Need to, I guess I would defer to Roger. I think you need to have a motion on the record
though supporting the staff recommendation.
Roger Knutson: That would be appropriate but you don't really need anything. This is really for your
information.
Mayor Mancino: Okay. Just for the record and that we reviewed with Bob Generous the easement to
have the driveway on the west side. Or what was it, on the southwest side to get back to the city property
is still going to be part of the agreement. So I just wanted to, he talked to us about that. Any other
discussion or questions on that? Okay. Thanks. We know about it. We're fine.
HIGHWAY 5 UPDATE.
Scott Botcher: There will be a conference call this Thursday involving the Highway 5 project.
Apparently the let date has been tentatively, well I think probably it has been pushed back from March to
41
City Council Meeting - October 11, 1999
June I believe and I think the June date has been somewhat in question as far as DOT's time table. The
Southwest Transportation Coalition, Lindall's group, called up and they're seeking our support in trying
to make this project go. We want to have a conference call Thursday with Roger, myself, DOT
representative, Mr. Lindall, some folks from Chaska probably as well. And I guess at this point I've
committed to listen and Roger has been involved in these discussions, to the possibility of the City
seeking letters of access. Receiving from property owners and we have ten along the Highway 5
corridor. Giving us/DOT permission to enter their property. We would be actually acting as an agent for
DOT prior to the actual condemnation. That's as far as I've been willing to go. I think that there has
certainly been mentions from the staff that there may be individuals along the route who may not have
any interest in signing those and that's a possibility. Beyond that, some of these other individuals who
would have an interest in the City actually going ahead With the Quick Take provision, I have little
interest in putting the City in the middle of that deal. But I wanted to let you know that that's out there.
That the Highway 5 project bid let date has been pushed back a little bit and I'm not sure until Thursday
ifI can tell you where it's going to settle.
Is that a fair statement?
Roger Knutson: That's a fair statement.
Mayor Mancino: And I am assuming that that will have an affect on bringing more land into the MUSA.
Councihnan Senn: If you think the second part that's going to take a lot oftime...amount of time the
first time.
Scott Botcher: Well, I 'know. And the good news is that we may keep our park building for another
year. Those guys at Hazeltine may want to help us out.
Councilman Senn: Move it down there then.
Mayor Mancino: Any, thank you on that update.
Scott Botcher: I received today in the mail from the First National Bank of Chaska, Brian Weimer who
I've never met, they're sponsoring the Crystal Achievement Awards. It's designed to honor the valuable
volunteer contributions of citizens of Carver, Chan, Chaska, East Union, and Victoria. And so if you
have an interest in submitting a nomination, I will make copies of this for everybody. The categories,
there's five categories. Education, the Arts, Sports. We could do sports. Human Services, and Senior
Citizen Volunteer. They get their own parking space. So anyway, I will copy this. I just got it today and
I figure you guys probably know lots of volunteers who are worthy of receiving that.
Mayor Mancino: Great, thank you.
Scott Botcher: Beyond that we talked about correspondence and the role 0ftax parcels. I won't go back
into that. And then finally, just so you ~know, I got a call from Southwest Metro Transit today seeking to
have a meeting with myself and the Finance Director and Nancy's a Board member over there. One of
the issues that Bruce and I brought up in our meeting with the Executive Director and the Finance
Director of Southwest Metro Transit was the whole issue of how levies are done. In the past, well even
up to the day, they send, we get an amount and you guys got this document from Southwest Metro
Transit. They want us to publish and levy. They then go and your Board meets Nancy and you set your
budget and divvy up your levy amount based upon the agreement. Apparently a couple of the other
parties in the Southwest Metro Transit area, Eden Prairie and Chaska, didn't publish what they were
42
City Council Meeting - October 11, 1999
supposed to publish according to Southwest Metro Transit. And Bruce and I both being new, pulled
open the documentation and we sort of said to them, well you big dummies, you can't make them. And
really you can't. I mean we could go into the Truth in Taxation hearing in theory and levy zero I
suppose. I mean we may have some other things in the document that would preclude us from doing that
but we wouldn't have to levy the amount that they think we all need to levy. So they have an interest in
reviewing that process to ensure that it's coordinated amongst the participants so the City of Chanhassen
for example doesn't end up carrying an inordinate amount of the tax burden to...support Southwest
Metro Transit or the City of Chaska doesn't or Eden Prairie if we all decide to bag out or do something
else. So that meeting hasn't been scheduled yet. I don't know when it will be. They want to do it sooner
than later. But that's an issue that will be coming down the pike. My guess is ultimately they'll probably
re-open the Joint Powers Agreement and amend it to deal with the whole taxation issue. That's where
that's going.
Councilman Senn: Just so you understand there's two levels of approval in that process. We already
took one level approval which just simply recognizes the fact that again there was an outside amount of
money and if...that money would have purely and simply been grabbed by Metro Transit. By Met
Council, okay. So that was protectionist move or whatever. But essentially when it comes back to the
other, we can set any amount we want you know as we feel is justified. We aren't obligated again to that
dollar which we set as an outside in the first place.
Scott Botcher: But in the minutes if you go back to previous budget hearings, there candidly hasn't been
much discussion about the Southwest Metro Transit levy. Which is good or bad I guess depending on
where you sit on the issue. But you're right. I guess in theory before would be that Met Council amount
for a levy. But if you're trying to run an organization and if you're Southwest Metro Transit, it's a really
tough way to do a budget when you do as a unit don't really control your revenue stream. You guys
control your revenue stream to a great extent. They would sort of be hoping.
Mayor Mancino: More so than they do.
Scott Botcher: ...parties don't talk to each other. Will levy the appropriate amount and so.
Councilman Senn: But that's subject to negotiation and they have to basically streamline their
operations effectively tO a service level again that we set by effectively that budget policy. More or less
they have to manage their growth okay in keeping with what we're willing to commit or put on the table
as far as dollars go.
Scott Botcher: Right, except that you guys don't really participate in the management of that
organization and I don't think, I mean candidly I couldn't, we couldn't speak with any intelligence as to
some of the operational issues they face and their economic impact. We don't know for example what it
cost to have the third party drive the buses. We don't know what the bus drivers get paid. We don't
know what the overhead is. We as a unit don't control those and don't participate in those. I agree.
They need to streamline their stuff. I think that's probably what they're trying to do. But I just wanted to
bring it to your attention.
Mayor Mancino: Good.
Councilman Senn: ...because effectively from a broader base...you look at it and the growth has been
astronomical. So now the question is, understanding the growth and need for the growth and making sure
that we're stewarding those tax dollars because we're the only ones that are going to steward them.
43
City Council Meeting - October 11, 1999
Scott Botcher: Yeah, and one of the things we talked about.
Mayor Mancino: The community uses though.
Scott Botcher: The amount of money that they have levied for over the last couple years, and they've
been looking at I want to say 10%-11% pops a year. Now the theory is from the folks at Southwest
Metro Transit, we need to build this capital sinking fund and the only two cents worth I gave to them is
that okay, fine. You need a capital sinking fund to perform, ya di ya di ya. But I think politically, for
support of your own organization, you may want to do that over a longer period of time. I mean they're
just trying to take it all in one big grasp and if they did it say, 4% a year for 15 years instead of 1 i% a
year for 4 years, they might be better off. And I mentioned that to Nancy to take that back to the Board
and just say really guys, are we, can you grab it? Yeah, you probably could for a couple years but
eventually it's going to come back to haunt you. Personal opinion.
Mayor Mancino: They're operating budget is this year higher than what they anticipated with the new
hub so it will be interesting to see what they say. Because their operating expenses have come in higher
so. Any thing else about correspondence?
Councilman Labatt: I just wanted to add to that. I think it was a great event the fire department hosted
over the weekend...
Councilman Engel: They did a great job.
Mayor Mancino: Good, well goodnight. Did you guys, did you have anything? Oh! You -know, I was
just going to, I looked at you and I just said to Steve, you know I think I missed visitor presentation.
Yeah, he just docked my pay. You have been very, very patient. Thank you so much and please come
forward.
VISITOR PRESENTATIONS:
Bob: .... from 7371 Kurvers Points Road in Chanhassen. Just adjacent off Highway 101. And as you all
know the 101 project, whatever it's getting a name for has become fairly popular in our community here
lately. And I'm a little miffed. We've been talking for many years about, it started out prior to buying
the lot out there that I now have my home on, that after I bought it, built a house, and everything else, I
came to find out that there was talk ora bike trail and a walking trail. People agonized over that for a
long time and nothing was done. I think during this process I think the State gave Eden Prairie and City
of Chanhassen or someone that road even. It was given up I believe 101. I could be mistaken.
Councilman Senn: Hennepin County.
Bob: Hennepin County, I'm sorry. Okay. We've progressed from that date, from going about building a
bike path and a walking path that I contested at that time because it goes through my back yard, to now
we're talking upwards ora four lane highway. I'm here to say that I'm displeased. My neighbors are
displeased. We have Dell Road which is just adjacent to us. We talk about rates and levels of traffic on
101 that are in quotes, supposedly unacceptable. Instead of turning 101 into the Crosstown, why aren't
we moving some of the traffic over onto Dell Road? Why aren't we coming up with other creative
solutions? It also strikes me that we took and had somebody do a big survey and they come up with these
six options or whatever it is and quite frankly I think our City Engineer could have jotted down on a
44
City Council Meeting - October 11, 1999
piece o£paper those six solutions. I don't think we had to spend a lot o£time or money to figure that out.
I think any 10 or 12 logical people in our community could have figured out that we could have either a
two lane road or a three lane road or a four lane road or turn signals or whatever. I don't think that that
really is any real rocket science here. Where we go from here, that's where it really gets to be an issue.
There's been talk of upwards of 49 houses going out of there. There's been talk of people taking over
property. One of my neighbors spoke to someone at the City and they said well, what if we just decide
we don't want to do it? We don't want to sell our property. And we're going to block it and the
comment was, well we'll just take it and the only thing that will be argued will be the price of it later on.
I think that puts us as homeowners in very precarious position. You've clouded my property right now.
The valuation on my property is in doubt because of this new proposed highway and bikeway and
possibility of a four lane road. Who's going to want to buy my property? What has the valuation of it
already been diminished just by the pure talk of it? On top of that, when this was first brought up, one of
my first statements right here in this room was to say, if you're going to do this, and create this bike path,
and I think you were here even then Mark. One of my comments was there's probably nothing I can do
to stop the bike path because it's for the greater good of the community. And you can say you're going
to put a berm there or trees or anything else, but I'll guarantee you there's going to be people walking
through my yard. And that's annoying when you have a beautiful house and you spent all this money to
locate there. And I said at the time, if that's what you're going to do, then you should give me some
consideration at the very least by rolling back my taxes and freezing them. If it's going to be for the
greater good of the community. If you're going to inconvenience me and devalue my property, there
should be some compensation. And when we've now gone from the bike path to the possibility of tour
lane highway, I think we were really way offtrack and I don't really believe that that's what the
people...our elected officials will review this very carefully and hopefully we'll have some more
meetings. I'm also somewhat disappointed, I didn't get to go to that last meeting and it was because I
was out o£town at the time, but in the original meetings I said with today's technology there was no
excuse and no reason why in some of these controversial areas, why they couldn't go out and take a ·
videotape or actually go out and put it in the perspective so that the average citizen can see. If we're
going to take out 49 hours, let's go out there and videotape. Put them up on the board. Show everybody
who's houses are going to go and why. If we're going to redo an intersection and it's controversial, let's
do it. I don't think that takes a lot of time or money to do those types of things. It's a funny thing about
architects blueprints and many things get kind o£you know by the wayside when you don't have a bunch
of laymen that can understand those blueprints. But when you set and show a video 0£49 hours getting
ripped out o£there, it's pretty easy to see if your address is on the door. And when you start talking
about setbacks from the main road, if all of a sudden you're coming 75 or 100 feet into your back yard,
and you've got to cut your dog's rope short so he isn't out in the middle o£the highway, yeah. I think
those are some important things. So that's my concern and I do hope that we'll get some more feedback.
I'm not you know trying to stand in the way of progress but I don't see where redoing the one lane road
we have with a bike path, even though it's objectionable to me to have the bike path, I don't see where
that's really stifling the growth of Chanhassen.
Mayor Mancino: Bob, just so you know we've just had, you know you've missed the first kind of open
house informational meeting and that was to get everybody on the same page. Our next step that we had
talked about was having small neighborhood meetings and giving out more information. I mean we're
just starting at the very beginning of a process and we, a lot of people came that night. We're going to be
getting minutes so there will be word for word transcribed minutes that we' can read. We'll also, people
are e-mailing us. Sending in comments, etc so I think that this council needs to sit back and say, you
know we had planned to have small, more neighborhood meetings at this point. Do we go ahead with
that, etc.
45
City Council Meeting ~ October 11, 1999
Bob: I think that's all really important in the communication issue and everything else is wonderful. But
I guess in talking with some of my neighbors, there is a sense of frustration and futility here. If we're
going through the motions and having a bunch of meetings to make us feel good as citizens of
Chanhassen but you don't have an open mind and you're not willing to change, if there is no real hope
for any change, we're just kidding ourselves.
Councilman Senn: Bob, I think you're misunderstanding something here because the City isn't
proposing any project.
Bob: Oh I know that. I know that and I've even been told that the City of Chanhassen and the City of
Eden Prairie have to somewhat agree, to my understanding. I mean I could be wrong.
Scott Botcher: ...
Bob: Okay, so let's just say for the sake of argument Chanhassen says no and Eden Prairie says yes.
Then what happens?
Mayor Mancino: I'm assuming it doesn't happen. It wouldn't happen. I mean we have to come to
consensus as to what goes on in our city.
Scott Botcher: ...DOT and Hennepin County. So I would rather say we need to find out.
Bob: Well I think as a citizen I think there's a lot of people who are concerned.
Mayor Mancino: But that's a good question. That's a bottom line question.
Councilman Senn: ...it doesn't concern DOT one way or another because they're just trying to get rid
of the road. But Tim Grew from Hennepin County sat here in numerous meetings saying effectively this
road's only going to go basically if the cities approve it. And so I mean that's the process.
Scott Botcher: But I always have a problem with DOT saying effectively or probably or sort of or have
to. I want to see it in writing. That's his personal point of view.
Councilman Senn: Ask him.
Mayor Mancino: And we will follow up on that but I think your elected officials here, or your council
are very open. We don't have a point of view.
Bob: ...but by the same token I think there's a lot of people that I think are feeling this is being jammed
down their throats.' I don't know. It's a big proposition out here. I realize there's a lot of people that
would like to see I01 fixed, you know i.e. potholes and many other things but I don't think they want a
super highway running through their back yard either.
Mayor Mancino: Understand, thank you.
Councilwoman Jansen: I had called Anita to follow up on the process as you started to discuss Mayor,
and it almost seemed like we maybe need to get involved in it to make sure that maybe it does get
expedited a little bit because she gave a list of steps that could drag this out for quite a while before we
even get the feedback from the meeting as far as the minutes and how we want to take the next step.
46
City Council Meeting - October 11, 1999
Mayor Mancino: I think it's a work session. Next work session item.
Councilwoman Jansen: Okay. And then we'll go about scheduling !he neighborhood meetings just so
people have some idea of when they'll get their next round of input in? Okay.
Mayor Mancino: Yeah. I mean I think we want to talk about it on Monday night because, and read those
minutes and decide how we want to go forward.
Scott Botcher: ...capital'funds on Monday.
Mayor Mancino: Oh good. Did you want to also come up? Please do. Be on the record. State your
name and address. And again, thank you both for being so darn patient. Do you want to spend a lot of
Monday nights with us?
Dan Schumacher: I may. My name's Dan Schumacher. 7380 Kurvers Point. I don't 'know that tonight I
have anything to add in terms of reaction to this proposal about 101. I read the minutes, or at least I read
most of them, and Councilman Senn acting as a citizen that night I think expressed my reaction to this.
I'd agree with everything that Mr. Morton says also. The question I'm leaving with still is it's not clear
to me reading the minutes, and I apologize I wasn't able to attend. I was out of town also. I don't
understand how this is going to proceed. There is vague references in here about neighborhood meetings
and further discussions, but if we don't even know right now what the decision process is, that's a
question that Bob and I both came here tonight with. Whether Chanhassen alone could back out of this
thing and that kills the whole thing. I would like to suggest that the process gets clearly articulated to all
the people involved in this because right now there's a meeting that's got a lot of people stirred up and
there's no clear path how to make the feelings known on this and then once they are expressed, what's
going to happen with that information.
Mayor Mancino: Good, thank you for saying that. We had anticipated at the, towards the end of the
meeting, the open house. The informational meeting, to spend the last half hour trying to get some
feedback as to what kind of a process those that are in attendance would like. But that didn't happen. I
mean there were, you know everyone was pretty concerned and wanted to give their comments just on
the roadway, so we had hoped to get more comments on procedure and what those neighbors who had
come would like to see next steps. And hopefully some of the people wrote down comments. We have
not, or at least I haven't. I can't speak for the other council members. We haven't gotten a copy of the
minutes yet so I don't know. Any other council member have, we haven't gotten a copy of the minutes
so you're a little further than we are and hopefully we will also get the comments that those who came in
attendance wrote down. But we'd like to get the feedback from you on procedure too.
Dan Schumacher: Will the comments be published also?
Mayor Mancino: Yeah, they are published.
Scott Botcher: When I walked into the office this morning, they were finishing up the minutes. We had
some citizens that requested them so we made some copies and they started going out so that's what
we've done. As far as the comments...
Mayor Mancino: So what I just said is we'll try and meet, not we'll try and meet. We're going to have a
work session on next Monday night, this coming, a week from tonight and I haven't talked with Scott on
47
City Council Meeting - October 11, 1999
what else is on the agenda but we'll probably place on the agenda going over the informational meeting.
What the next step should be. Now we had pre planned that they would be neighborhood, small
meetings. Getting together and going over some of the details. And giving more information to people.
But again I think that's something that we need to talk about. But we will certainly communicate with
you what those next steps are and again if you have anything, any things that you would like us to do,
please e-mail us or call us and let us know. We're open for suggestions.
Dan Schumacher: Thank you very much.
Mayor Mancino: Good night. Thanks for coming.
Mayor Mancino adjourned the City Council meeting.
Submitted by Scott Botcher
City Manager
Prepared by Nann Opheim
48
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SEPTEMBER 28, 1999
Chairwoman Lash called the meeting to order at 7:30 p.m.
MEMBERS PRESENT: Jan Lash, Mike Howe, Fred Berg, Jim Manders, Jay Karlovich, Rod
Franks and Dave Moes
MEMBERS ABSENT: None.
STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation
Superintendent; and Tracy Peterson, Recreation Supervisor
VISITOR PRESENTATIONS: None.
APPROVAL OF MINUTES: Howe moved, Lash seconded to approve the Minutes of the Park
and Recreation Commission meeting dated August 24, 1999 as presented. All voted in favor and
the motion carried.
TOUR OF CHANHASSEN SKATE PARK.
The Park and Recreation Commission toured the Skate Park located next to City Hall at
this point in the meeting.
Lash: Should we take some quick comments about the skate park, just for the record? Do you
want to start Mike?
Howe: I was very impressed. Very nice. I think Rod's going to go through it first tomorrow. If
we get a storm, where are we going to put those things?
Hoffman: If we store them, they'll go outside at Lake Ann. Otherwise we can leave it here for
the winter and then not flood that side of the rink.
Berg: ...with anything?
Hoffman: No need.
Lash: So what would you recommend we do? I mean if they're going to be outside over there
anyway, why haul them?
Hoffman: Yeah, it's just the loss of the second rink but if we had the hockey boards around it,
then they'd want to play hockey in there. We don't have hockey boards, it's not our biggest loss
because they have a pleasure rink up here. They have one hockey rink so for this year we can
-Park and
probably let It stay up ~ere.
and moveitso~ ' -
Lash: -yeah.
- Howe:
~ Moes: Ve~nice.
-L~sh~ Rod.
Fra~s: I th~ itlooks
Lash:
--Lash: ~.o
Park and Rec Commission Meeting ~ September 28, 1999
Hoffman: Back in about '97 or earlier.
Berg: Yeah, they get all the credit for it. We didn't have a chance when it first came in. There
was no way it was going to happen. It's great.
Lash: Jay.
Karlovich: My only comment of fear is if it's not moved or covered sometime in the winter time
and you have the ice skaters right next door, I just envision children at least, like my children,
going over there with their ice skates and trying to go down a, yeah. And so I'm just worried
about the surface getting damaged by some ice skates so.
Berg: We could put like a snow fence around it or something just so that kids.
Hoffman: We may find it's just best to move it out.
Lash: Jim.
Manders: No, I think it's great.
Lash: Okay, thanks. Mission accomplished.
RICE MARSH LAKE PARK, BASKETBALL COURT.
Hoffman: Pretty simple question. There was a new hoop ordered at the request of the
neighborhood for the half court basketball. They wanted a second hoop. They are not at 9 feet as
indicated. They are both at 10 feet and this particularly individual that called, Mr. Myer, he
recalled that, he thought that it was going in at 8 feet. If the commission would like to see that
moved, we can certainly move it down to 8 feet. I was hoping we'd have minutes of that evening
but it was a work session so verbatim minutes were not available. I do recall having the
conversation, 8 versus 10. We have very few 8 foot hoops in the city because of the ability to
hang on them. I don't know if any commissioners recalled that conversation. That's the reason
it's on the agenda.
Moes: I do recall us having an 8 foot hoop discussion. I'm not quite sure which park it was
specifically tied to.
Lash: And what's the point of having it at 8 feet as opposed to 107
Moes: Well I think the one thing they talked about with the 8 foot is you got kind of the 6 to 8
year olds that can shoot a basket versus, or 10 to 12 and feeling frustrated up until that point. It
does provide a little bit more versatility for the same age group that's attending the park.
Hoffman: I know of one other one that we have that's at Power Hill. 8 foot.
3
Park and Rec Commission Meeting - September 28, 1999
Karlovich: Can you describe what this, is it a foam basketball court with a 10 foot on one side
and 10 foot on the other?
Ho£fman: 50 x 50 asphalt pad.
Karlovich: And there's two though, but we're.
Hoffman: One on either side. Just opposite. Just like a basketball court would be but it's very
small, 50 x 50.
Karlovich: So if you're going to play back and forth, you'd want them the same heights wouldn't
you?
Hoffman: Yeah, if you're going to play back and forth.
Berg: I would guess most play half court anyway...
Karlovich: Otherwise the cost of changing it or ripping it out was ahnost, you could ahnost put a
third hoop in. Just kind of the same trouble. Why tear out something when it's almost, it's going
to be the same amount of money just to put a third one in.
Lash: I seem to recall a conversation too and it seems to me, I don't recall if it was this particular
park but it seems like we did go with the 8 foot but I just don't know ifI can justify spending this
kind of money to raise it.
Moes: Another option is like at the YMCA they've got these like basketball hoop extensions. I
have no idea what something like that runs. I£that's an option versus tearing the thing out
because I, that kind of provides both options there. You can have two 10 foot or you get the 8
foot as well or.
Hoffman: That'd be an extension that you.
Moes: You hang down, but nobody's used them over at the.
Hoffman: The Rec Center.
Moes: The Rec Center for yeah, early basketball for the kids'. That just hangs down an
additional 2 feet which gives you the 8 foot level there as well.
Hoffman: You think that would be applicable in the outdoor environment?
Moes: That's a very good question. I just think of that as an alternative to spending $600 to tear
something up. Other alternatives that might be available to us. And I know you mentioned the
concern about people hanging on the ribs. I'm not quite sure how, if you see that quite often at
the parks or, I mean the bent rims quite a bit.
4
Park and Rec Commission Meeting - September 28, 1999
Hoffman: It happens.
Karlovich: So it's a square pad, 50 x 50?
Hoffman: Correct.
Karlovich: I mean they could just leave those two and then if the commission wants to spend any
extra money, on the side.
Hoffman: It'd be the most hooped basketball court in town.
Lash: I would be more inclined to do that than to just spend the same amount of money just to
lower it.
Franks: Well it's not quite the same amount of money. It's $600 to lower it but it'd be.
Lash: $200. It'd be $800.
Hoffman: No.
Lash: No?
Hoffinan: $600 contract. If we told the contractor to...and then $200 in concrete.
Lash: I was thinking it was both. It was $600 for labor and $200 for...
Hoffinan: The installation was $400 but they have to take it up, break it out, break the concrete
up. That's an extra $200 and then reinstall it.
Manders: This thing isn't an adjustable deal. It'sjust one height and that's it.
Berg: I'm inclined to put it in our 5 year plan. Somewhere down the road and so we can say that
yes, we are going to do it but we're waiting to see what kind of demands there is for it too. Put it
a couple years out.
Manders: I'd be inclined to debate it but I wouldn't say that we're going to do it. Personally.
Lash: You mean to lower it?
Manders: No, I'd just leave it now and consider it down the road and just that. Consider it. Not
commit to doing it.
Moes: Todd how many other neighbors brought the issue up or was it just Bob Myers?
5
Park and Rec Commission Meeting - September 28, 1999
Hoffman: Just Mr. Myers.
Manders: Yeah, go to that reason you know. How much demand really is there?
Lash: I guess I would be inclined to leave it too.
Hoffman: We were coordinating a good deal of work at this particular time and so the height of
the basketball hoop certainly could have gotten misplaced as far as the coordination with the
contractor. It was not on the work order to go in at 8 feet, but went in at standard height so it
surely could have been missed. That's the reason I wanted to research the Minutes. See if we
could answer his question. The work session. You'll recall that spring we met every two weeks
and had neighbors in and talked about their improvements and.
Lash: Just goes to show you that we shouldn't make any decisions at work sessions that aren't
on tape. Just like that comment. Okay, what would we need to do here? Would be, if we
wanted to change it, make a motion? Otherwise we just leave it, right?
Hoffman: I'll just write him a letter. Tell him we're just going to wait to see if we hear anything
else and take it up at a later date if we do.
Lash: ...invest the money to change it.
Moes: The only question I had was what would it take just to find out what that 2 foot
extension... You raise the issue about whether it's feasible in an outdoor environment. It could
possibly be a detriment more than a help.
Manders: How does it work? I don't understand.
Moes: It attaches to the.
Hoffman: The other hoop.
Moes: The basketball rim itself and just extends.
Howe: A whole other back board?
Moes: It's got the back board, hoop. The whole thing 2 feet down.
Hoffman: I mean I've installed them out at the Rec Center. It's not going to hold up in an
outdoor park setting. They're just going to rip it right off of there. I'll ask if they make one that's
built for outdoor application but.
Karlovich: I think it's unfortunate if it was committed to at some prior meeting and didn't come
through but otherwise he wants a lower one, can't he put one up at his own house? I mean my
Park and Rec Commission Meeting - September 28, 1999
neighbors put one up on the, actually two up in our street. His own expense or put something on
your garage or the adjustable ones.
Moes: I'd go along with that idea as well. Unfortunately I've got a driveway that goes like this
though.
Lash: That way you put it on the street.
Karlovich: Actually I did find one of those adjustable ones. You've got to put cones out in the
middle of the street though.
REPORTS:
RECREATION PROGRAMS.
Peterson: I don't have anything except for my report. I do have the volunteer sheet for the
Halloween party so I'll pass that around. October 23rd, 5:30 to 8:30 at the Rec Center. So I will
hand that around and if anybody's willing to help out, that would be great.
Howe: Who's picking our costumes this year?
Hoffman: You are.
Moes: If I'm not available until 6:30, quarter to 7:00, does that help at all?
Peterson: That'd be fine.
Moes: I've got a prior commitment until quarter to 7:00.
Peterson: That'd be fine.
Hoffman: Clean-up is wonderful.
Commissioner: I'll play the Cat in the Hat again. That sounds easier.
Lash: Does anyone have comments on any of the programming for Tracy? Okay, looks good.
SELF-SUPPORTING PROGRAMS: LAKE ANN PARK CONCESSIONS.
Ruegemer: Thank you Chair Lash and Commission. We did have another good year out at Lake
Ann. I'm not sure if you had a chance to look at the report. We did start slow out there with the
late ending of school this year but we did pick up steam come July and August. Traditionally we
really drop off the first part of August but we were making some decent money all the way up to
the end so it really did help out. It helped with the gate attendant fee that was dropped. Again,
we did bring a lot of people down through the park. I think really now it seems like a lot of
Park and Rec Commission Meeting - September 28, 1999
groups are calling us now and bringing bus loads of kids down there. I think that's helping out a
great deal .... that's been really helpful. We really tried to simplify even more, all the way
through kind of getting rid of certain vendors and kind of going with one vendor for a lot of
different things versus several vendors for smaller types of things so it's really, really we're
trying to streamline that and make it really as viable and as easy as possible. Had a lot of kind of
replacing this year. We added another paddleboat out there. Another four person Aquacycle.
We added all new life jackets, new paddles, oars, so we're really in good shape as far as
equipment goes out there so I think for the long haul. We added some things. The slush puppy
was very popular this year. Very minimal effort on our part to kind of produce really high profit
margin item. We did get the machine and a new nacho machine from a certain vendor. Didn't
have to pay anything for the equipment for that. We just purchased the supplies from them
which worked out really good for us. We didn't really have any out of pocket capital cost for
that. The meal deals was always again popular to kind of provide a full type of a meal at a cheap
price. It really helped out and some other type of things. Really just trying to keep the menu
simple. Quick point of sales where we get people in and out really to help with some of our
customer service out there too. People don't have to stand in line and we're really trying to work
on that too. If you look on page 2, I had the boat numbers. Paddleboats, canoes. We had a total
of 578 rentals this year, which was right kind of where we were last year too so we made some
decent revenue on the boat rentals. And we didn't get rid of one of the paddleboats that we were
going to replace. It still was working properly with minimal repairs so we kept it and kept it in
the fleet if you will. And so we had six boats out there this summer which really helped out nice
with picnics. That type of thing. A lot of people liked to put 2 or 3 paddleboats aside so it's
guaranteed rentals for us. And we do that and still keeping boats available for the general public
to use too so we're really servicing two needs there, and that really helped out. Concession
wages are listed there. Supplies are listed there. Expenditures and when all said and done you
can see the total revenues there, nearly $21,000 in revenue and the expenditures around $15,500
with a net profit of $5,320 for that. And then I just included kind of the daily sales. May, June,
July, August. Day by day. Where we were with boat rentals and food. What kind of a day we
had. Hours and wages for the employees. Vendor expenses per pay period or per invoice. If that
helps the commission see that. And all in all it was I think a very good summer again with Lake
Ann is a beautiful park. We have lots of nice comments on that and we want to kind of keep the
ball rolling out there so. Any questions at all on that?
Karlovich: I just have one question. On page 1 of the, probably the third sheet from the back
where it says 1999 Lake Ann Concession hours and wages. This was kind of a light agenda so,
and I look forward to each month the agenda so I kind of went through this. I had a little bit of
free time but the only question I had, and maybe it's a typo but Airin Mesenbring from 6/28/99 to
7/11/99, which is like a 13 day period, put in 170 hours. I just looked at the total budget of
$5,869 and then she just made an awful lot in those 13 days and I was just wondering if that was
a typo. I'm not scrutinizing the wages at all. I just kind of.
Ruegemer: No, that was accurate. You have to take into account that was over the 4th of July
period. And we had concession staff up here at the celebration helping out with games and with
three staff up there, they got a lot of hours in. It was very busy over that time period, with the
celebration out there.
Park and Rec Commission Meeting - September 28, 1999
Lash: That's still over 13 days. Like over 10 hours a day.
Ruegemer: There was, at times there was more people on per shift. Airin did, Airin was our
main person out there for working. Many hours and she, I mean I can certainly take a look at it.
I think it's accurate. I can take a look. I just entered them in as soon as I got them in so. But the
4th is a busy time. Over that time and we did have some people gone so she did work quite a bit.
Moes: Do they get time and a half at all or is that just dollars?
Hoffman: That's about 14 hours a day. I don't think she could work that much.
Lash: No, because it's not even open that long is it?
Ruegemer: I'll talk to her.
Lash: I had a quick question. It sounds like we're all going to be nit picky tonight but what does
Valerie do that she gets $10.50 an hour?
Ruegemer: She's the concession manager.
Lash: Oh, okay. So she's just not one of the regular kids who's been there for like 10 years or
something? Worked their way up.
Ruegemer: No. Going into it, I wanted to keep her more at you know 20 to 25 hours a week
roughly so she, so we're not paying her a lot o£hours at $10.50 an hour. So basically she does all
the ordering of supplies. Staffing. Staff schedules. She's really.
Hoffman: Jerry would pay her $15.00 an hour.
Ruegemer: She's very valuable down there.
Manders: You mentioned about the paddteboats, just in terms of usage that seems to be the most
popular item. Did you have six of them? Is that a number that could have rented out even more?
I'm not suggesting we want more but is there something there that.
Ruegemer: At times but there's a lot of times they sit idol too. I mean during peak times you
know it's a balance act between life jackets and boats so, sometimes all the boats are gone and,
or some are still there and we don't have any more life jackets so we have to be careful.
Lash: I had a question, it doesn't really relate to the figures here but when we took out the fee
and we had a little concern over the bus loads of people just showing up. How does that seem to
be going at all this summer do you think?
9
Park and Rec Commission Meeting - September 28, 1999
Ruegemer: We're still agitating people. You know we, the lifeguards are aware of that.
Concession staff, and we really just had kind of a large group policies available for people as
they came in. We tried to educate as much as we can with handing out the literature to people.
But I mean we still, there's still a lot of people that tend to drop in but people are getting better of
calling ahead and that's all we ask you know. Call ahead and we can let the lifeguards la, ow. I
mean that's the most important thing. But I mean it's an ongoing process. But like the YMCA
came down there quite a bit. They were good at letting us know. The school district came down
quite a bit and they all, you know write us a letter with the dates and that type of thing and, or
filled out the applications that we asked them.
Manders: Are they selling concessions up by the ballfields?
Ruegemer: No.
Manders: Are they going to?
Ruegemer: That was the plan this year but that did not happen. Lack of coordination.
Lash: That was CAA, right?
Franks: The cost for the paddleboats and life jackets and slush puppy machine and such, are
those included in these figures too?
Ruegemer: No. As far as the cost of the purchase of the paddleboats?
Franks: Right. So when you're saying, I just looked at the net profits, but that net profits doesn't
include what the cost of the paddleboat or the cost of the...
Ruegemer: No, that was all budgeted out of our Lake Ann operations budget.
Franks: So when you get a new slush puppy machine, is that like a lease fi'om a vendor?
Ruegemer: Yep. That was just basically we sign equipment contracts and we don't have to pay
for the purchase of the machine or the equipment.
Moes: Jerry, just a quick observation on Airin's time there. That may actually be a 4 week time
period. From 6/28 to 7/26. Just in look at it, that might be what that jumps out.
Ruegemer: I can take a look at that.
Moes: I just noticed that when I was looking at that.
Hoffman: A light agenda and you guys...
10
Park and Rec Commission Meeting - September 28, 1999
Lash: That's right. Don't ever look for a light agenda again Jay. They try and cut us slack and
you stray. Anybody else they want to nit pick apart on this? Good job Jerry. Way to go.
Franks: That decision to drop the gate fee looks better and better every year, let me tell you.
RECREATION CENTER MONTHLY REPORT.
Hoffman: Susan is not here. Nothing to add from our standpoint. We're excited to be back in
business at the Rec Center.
Lash: Does anybody have anything?
Franks: Just how's the child care thing going? Are they still offering that as a service?
Hoffman: Yes.
Franks: The numbers are still working out okay?
Hoffman: Well the numbers are not there during the summer but now they're back.
Franks: So they've started it up again?
Lash: I'm sure Mike's going to have something to say about preschool soccer.
Howe: Actually I do. It doesn't relate to preschool soccer per se.
Lash: But that's on here so you can put it in.
Howe: ...preschool soccer where I'm an assistant coach. The sprinkler system must come on
just before these kids play. And it's wet and these kids are all over the field and is there a way
you can change the timing of the sprinkler? Tomorrow's the last day of the whole thing so.
Hoffman: When are they playing?
Howe: 6:00 Wednesday night and the field is soaked so I figure they must wait until school's
over and run the sprinklers. Could that be?
Soaked out there.
Hoffman: They run them in the mornings.
I mean last week it didn't rain, it was soaked.
3:00, 4:00, 5:00 in the morning so we'll check that.
Lash: Maybe the a.m.p.m, got screwed up in and it's doing it at 4:00.
Howe: The grass is great but it's really wet and I thought if it was running in that interim period
that they should try to cut back.
11
Park and Rec Commission Meeting - September 28, 1999
Moes: Well one of the items that was brought to my attention, maybe is a good time to bring it
up now as well because where the sprinkler heads are, I mean it seems like there's a 6 foot pole
there in the ground. A 6 foot deep hole in the ground that's what, anywhere from 2 to 3 feet
deep. What can we do to fill that up? I mean some of the kids have come close to burying
themselves in it and those of us that are coaches trying to chase the kids.
Hoffman: At the Rec Center?
Moes: Yeah.
Hoffman: Okay, we'll look at it. They're burying themselves in the hole or in the mud around
the hole?
Moes: Well, where the sprinkler heads are, it's about a 6 inch offset from where the normal level
of grass is so there's a gully where the sprinkler heads are.
Hoffman: Those are adjustable. You can raise or lower them if there's been some settling and
we just need to go around and raise those back up.
Moes: That was the question. It was pointed out to me and said that everything has sunken here
and ! said, well that's a good point. They are sitting a little low in there. If it's possible to bring
that up, I think it'd be a good safety factor for the kids.
Lash: That wasn't what I thought you were going to say about preschool soccer Mike. It did
have something to do with it being all wet, but I didn't think you were talking about the field
conditions. He doesn't want to say it on the record. Okay.
PARK & TRAIL MAINTENANCE REPORT.
Hoffman: Have you seen the park? Anybody been out? It's green.
Ruegemer: A lot of compliments on it.
Lash: On Sugarbush?
Berg: Great.
Hoffman: We planted 30 some trees in there.
Lash: And I see Powers is getting re, a final layer on today.
Hoffman: And the Bluff Creek trail is pretty well completed.
Berg: That's sharp. Boy you go by there in the morning with the fog down low...
12
Park and Rec Commission Meeting - September 28, 1999
Hoffman: ...brand new dike and so it needs to settle out in that wetland area and then they'll
come in and do the finish the paving in the spring.
Manders: Talking about trails. I have a safety suggestion on the Pioneer, or Powers trail by
Carver Beach Road. Just south of that trail on Carver Beach Road there's kind of a bush or a tree
that I think could be removed for sight lines. It's dangerously close there. I mean I'm thinking
that there's going to be a bike cruising out of there and crunch with a car.
Hoffman: Powers and Carver Beach Road? South side?
Manders: Yep.
Hoffinan: I'll see if it's in the right-of-way and then I'll talk to the property owner there.
Manders: Yeah, it's right in that comer.
Lash: Okay, anything else about trails?
Moes: Just one quick one on this Sugarbush Park. Just for my clarification. When you talk
about that one, for some reason I was thinking we had talked about putting a berm between the
park and the back yards versus trees. Was that a misunderstanding that I had or I was, for some
reason I remembered a berm and Sugarbush going together for some reason.
Hoffman: The property owners had talked about a berm.
Moes: Oh okay, that's what it was.
Hoffman: We put a line of trees up there.
The topic did come up. I wasn't quite sure from what direction, okay.
Anything else?
Moes:
Lash:
ADMINISTRATIVE SECTION:
Lash: Okay, under the administrative section, anybody have anything? No? Okay.
Franks: Oh I did want to say something. Please do something about the bees this time of the
year and the trash cans. Maybe somebody can go out there.
Lash: We're at everything.
Ruegemer: They're bad everywhere come August 1 st.
Franks: I mean everywhere.
13
Park and Rec Commission Meeting - September 28, 1999
Lash: But could you take care of them? That'd be good.
Ruegemer: Yeah, try to keep the garbage...
Moes: One comment was there was garbage cans inside it versus outside of it. Are they usually
outside in the open area or inside of the pavilion?
Hoffman: Lake Ann, they're upstairs the concrete ones.
Ruegemer: Typically they're outside. At Lake Susan they're...around the area.
Berg: Todd, you're not on the Youth Commission anymore? Do we have anybody from Chan?
We don't have anybody representing Chan at the Youth Commission?
Hoffman: I was never on the Youth Commission.
Berg: Oh I thought you were. I thought you were the Chan rep.
Hoffman: No. Just administratively wise.
Berg: Oh okay.
Lash: Anybody up for that?
Moes: Yeah. Pull the ad from the Villager if we get someone tonight.
Lash: Anyone? Okay, so we have nothing under administrative, right? Anybody have anything?
Hoffman: Goose removal, any questions there?
Lash: The what?
Hoffman: Goose removal.
Manders: Not enough.
Hoffman: Not enough removed? It's probably going to go, if you read the report, it's not going
to last much longer. Goose removal will be obsolete so back to other things.
Lash: So the numbers will just start going up again.
COMMISSION MEMBER COMMITTEE REPORT.
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Park and Rec Commission Meeting - September 28, 1999
Howe: This would be the race committee, which Rod and I are members. We mn through the
tape out there tonight to show you. All I will say is Americlnn I think is very serious about this
race. We've been at two meetings now with the manager of that particular motel, and Executive
Vice President of the whole organization and he found someone who runs the race in Excelsior
on the 4th of July, to give us some experience and ideas of what she's gone through and then she
recruited her to be on the committee so they're very serious. They want to do it right. What I
would ask commission members to do, and staff, as you walk, mn, jog, drive through
Chanhassen, think of some ideas for a course. That's kind of where we're stuck. We cannot
close Highway 5. They're pretty open as far as starting or finishing at their complex there south
of TH 5. If it works, fine. If it doesn't, I don't think they're going to mind if we can't end or
start there. The foot bridge is nice but it's, the one thing this woman said which is very positive
is think about your race in terms of that someday you'll have 1,000 people and the foot bridge
won't work with t,000 people.
Franks: Because it doesn't go anywhere.
Howe: It doesn't go anywhere.
Lash: But if you have 1,000 people, it would sort of trample everything down enough that then
wouldn't it be kind of a natural path.
Berg: Especially those first 20 that got trampled to death.
Franks: Just as long as the train wasn't coming.
Howe: Think about some courses through Lake Ann. Through main street, but we're thinking of
a September date. Dave Huffman's name, we've got permission to use that. There's another
meeting next Wednesday at 5:15 at the hotel. Bring your bathing suit. Not really.
Manders: So are you scaring up distances or is this?
Howe: 5K. 3.1 miles. I think you'll get a nice cross section of serious runners and family. They
really want it to be a family race. But they have, they want it to be I think pretty close to perfect,
wouldn't you agree? This guy some not want any comers cut. He wants everything right. He
wants to do it right the first time out. He's very serious about that.
Berg: Are they ponying up money for it?
Franks: They're putting all the upfront money.
Lash: So we don't have to do any?
Howe: Well, there may be.
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Park and Rec Commission Meeting - September 28, 1999
Franks: There was more conversation after you left at the last meeting and they finally pinned
this person down about what the upfront costs would be. And when they heard the number, he
was just right away, that won't be a problem. About $2,500.
Howe: They want to do it right and they're very serious.
Franks: Everything else, what they would pay the vendors after the race so that's just what they
would need for their cost. But Excelsior ran their race, how many thousands did they give away
last year? They had.
Howe: I don't know. You mean internally?
Franks: No, no, no. I mean as far as the revenue that they raised that they ended up giving away.
Like $8,000 they had to give away at the conclusion of the race after paying all their expenses.
Manders: This year's Excelsior?
Franks: Yeah.
Manders: That's been run for a little over 20 years.
Howe: That's about a 25 year old race.
Franks: And this year they actually limited the number of entrants so they're to the point now
where they're cutting off.
Lash: So they would like to either start or end at the hotel?
Howe: If we could. If it doesn't work because the foot bridge doesn't carry enough runners or
doesn't go anywhere, you know I think Lake Ann through town. Do you want to be on main
street? I think you want to pick some of the high points of the town. The city north of 5 if you
can't be south of 5 so that's what, we'd like to get some ideas for a course.
Manders: My suggestion is to have a longer race. Then you could take advantage at some point
of tike the underpass under 5 and Bluff Creek territory and some of that.
Howe: I think it's a great idea but I think you'd limit some of the participants. I don't think
you'd get as many people who would do it.
Manders: Well you don't have to have that be the sole race, but you have it as the option. I
mean if you look at most of these runs, they're built around the 10K and then they have a shorter
option.
Franks: It used to be that way more so. It's not so much that way anymore I don't think. A lot
of the races now are just 5K because they're so popular. And especially here. What we were
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Park and Rec Commission Meeting - September 28, 1999
talking is the weekend warrior runner out here. End of the season. It's true, I mean you know.
This is the, we'll get some real competitive people out but it's going to be people that are you
know, that are running and they're going to come out and enjoy the run.
Manders: I was just thinking if it's a shorter race you're not going to see much. I mean if that's
what you're up to, if you're going to go someplace, 3 miles isn't going to take you very far.
Howe: No, but it might take you from Lake Ann, through town, Kerber Pond and I don't know.
That's where I need some help.
Lash: How long before the access road to Lake Ann is going to be out west to as far as say
Galpin?
Hoffman: 2001.
Lash: Because that'd be a nice, you know Powers, Lake Lucy Road, Galpin, back to Lake Ann.
Wouldn't that be about the right amount?
Hoffman: 5K you can go Lake Ann, downtown, down Kerber, back across to Lake Ann.
Karlovich: Go down Pleasant View for a while and cut down on the traffic level.
Lash: They'd just have to run slow.
Berg: What's the name of the road that they're bringing through on, they're just finishing now.
Off of, you know what I mean, the new one? By Empak.
Lash: Oh, yeah. The extension.
Berg: If you could incorporate that in there somehow.
Hoffinan: Either Jerry or I or both of us or some of us are going to that meeting next week and
we're going to have routes. ' ~
Howe: I think we'd like to have everything pretty much ready by the January-February because
we wanted to kind of have the Park and Rec Commission's stamp of approval and the City
Council's by March. Because that's when the racing season starts and you can have applications
in all the race bags around the city and the metro area. You kind of want to have your race out
there, even though that would be six months before so that's kind of what we were thinking.
Lash: You're talking next September. About a year from now.
Howe: That's when the race, yeah, next September.
Berg: Would they be open to things like getting other corporate sponsors?
17
Park and Rec Commission Meeting - September 28, 1999
Franks: Absolutely.
Howe: They talked about that too. These guys, they're doing the work.
Franks: They were kind of talking about waiting, get this feeling that Northcott, which is the
parent company of Americlnn, are making their corporate home here. Like the new office
building. And so when I was talking to this, what was, Kent. He was kind of saying, you know
how Curt Carlson is up there, but you know we're going to be here you know. 3M is out in
Maplewood and we're going to be here and so they really are seeing this as wanting to really
make their mark in the community and stuff so they are really invested in making this happen.
Howe: They are very serious and they're working very hard. So that's all I have.
Hoffman: What a committee.
Lash: Any other committees? We don't have any other committees, do we? Any other
committees? Oh, okay.
COMMISSION MEMBER PRESENTATIONS.
Lash: Mike do you have anything? Dave, you've got some stuff right?
Moes: Just an additional...out at Bluff Creek or the Rec Center where the soccer is. You've got
those nice bleachers that we've got around the baseball and softball fields. If it's possible to
move them for soccer viewing now.
Hoffman: Sure. Done.
Moes: Thank you. The fans thank you.
Lash: Do you have anything else?
Moes: That's it.
Lash: Rod, have you got any?
Franks: No, just a comment for staff if you want to pass it along but just around town I've been
noticing the grass is cut, seeding is going in all over the place. Things are just being finished up
and with the short staff I think everybody just must be working really hard. Signage. Everything.
Hoffman: Thanks for noticing Rod. I'll pass it along.
Lash: I just have a couple different things. The first one was I went through the Pulte
townhouses in Shakopee yesterday because we talked about that at the last meeting and drove
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Park and Rec Commission Meeting - September 28, 1999
around to where they're little totlot was and it was a little totlot. Let me tell you. It was pretty
weeny. I'm not kidding. This is what it was. There was a little tunnel slide, with a little
platform and then there was a tube and then on the end of the tube was just one of those little low
double slides things. And then on one side there were stairs that went up to the platform so you
could go on the slide or in the tube, and on the other side was a climber. Two different kinds,
just little kind of climber like firemen pole kind of climbers and that was it. So in my opinion
that would be totally inadequate if that is their perception of meeting the needs of a totlot. I just
don't see that as up to our standards. Our high standards.
Manders: I think that's a great idea. Are there some around that we can point out being more in
line with our standards?
Lash: Probably ones that we put in.
Franks: I visited Mission Hills again last Sunday just to drive through to take a look too and they
happen to be, or Saturday. And they happen to be having like a garage sale thing and I thought
oh, interesting right. Every sale was kids stuff and so.
Lash: Because all their kids have moved out.
Franks: It's not like anecdotal but I mean like every sale that they had, it was all Little Tykes
stuff and baby clothes and I thought you know, there's going to be a ton of kids in that new
development. Those little totlots are not going to do it.
Lash: It was lame. It was really very, although it was a nice color combination. So that was the
Pulte thing. And the other thing that I was wondering, do we have a web site?
Hoffman: Yes.
Lash: Oh we do. Oh, my son needs to set one up for school and I just told his instructor tonight,
maybe we could do one for the city for park and rec and he thought that was the greatest idea.
Well that's not going to work now. Okay. That's all I have.
Berg: Nothing.
Lash: Jim.
Manders: I was just going to bring up a comment about, isn't there a meeting tonight on this 101
thing?
Hoffinan: Yes.
Manders: So is that just going to general informational meeting or are they going to talk about
trails and stuff like that on there?
19
Park and Rec Commission Meeting - September 28, 1999
Hoffman: Oh sure. Trails will be on the agenda. Anita Benson is hosting that out at the Rec
Center.
Manders: So that's just something that's kind of beginning of something or is it just a meeting to
pacify somebody for a while?
Hoffman: Well, it's intended to me the meeting of something. Starting the beginning of
something but 101 north has been around for a long time so.
Manders: So there's really no new news that's there's reason to be excited?
Hoffman: They're in the planning stages trying to decide number of lanes, those type of things
and they need agreements from the cities so the best way to do that is to continue the education
of those citizens who are interested and that's the reason for the meeting.
Karlovich: More lanes on Pleasant View.
Manders: Yeah, but they're patrolling that now.
Berg: Do we have a meeting coming up with the City Council? Or did I sleep through that.
Lash: You slept through it. Remember when I kept saying speak up any time now. You were
sleeping through it.
Berg: That's right, we left you hanging out there didn't we?
Lash: Pretty much, yeah.
Hoffman: The speed trap on Pleasant View had Cued, somebody got wise and they posted a sign
a block before the speed trap and just said speed trap ahead.
Howe: Where was that at?
Hoffman: They're been writing tickets. Lots of tickets.
Lash: Okay, anybody else have anything? We have administrative packet. I think I already
asked about that out of order but. Okay, then I think we're ready to adjourn.
Franks moved, Howe seconded to adjourn the Park and Recreation Commission meeting.
All voted in favor and the motion carried.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
2O