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CC 2012 10 22 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 22, 2012 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Roger Knutson, and Greg Sticha PUBLIC PRESENT: Steve Donen 7341 Frontier Trail Sara Harvey 6281 Teton Lane Jerry & Karon Story 6281 Teton Lane th Gary & Jan Reed 2461 West 64 Street Laurie Susla 7008 Dakota Avenue Dave & Will Van Sant 4175 Lakeridge Road Ben Gowen 6440 Hazeltine Chris May 6400 Teton Lane Scott Lucas, Olson and Lucas Law Firm 7401 Metro Boulevard, Suite 575, Edina Marcus Zbinden 6460 Bretton Way Sue Kuntz 6441 Bretton Way Mayor Furlong: Thank you and welcome for everybody who’s here in the council chambers. We appreciate you joining us this evening as well as those watching at home. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: INVITATION TO HALLOWEEN PARTY. Mayor Furlong: I’d like to start with a couple public announcements this evening. The first is with October and fall here the City of Chanhassen, in cooperation with the local community event sponsors, our businesses and other sponsors is proud to announce the fourth and final th community event for 2012. This will be our 28 Annual Halloween Party. I would invite th everyone to join us on Saturday, October 27 for an evening full of fun. Children 10 and under are invited to participate in a wide variety of activities including Trick or Treating, hayrides, weather permitting, carnival games, other aspects of the Halloween spooky rooms it says here. Refreshments. Family entertainment by a magician Brian Richards. Invite all residents and th families to join us at the Chanhassen Rec Center, 5:30 to 7:30 on Saturday, October 27. Pre- registration is required so please do that at City Hall or at the Chanhassen Rec Center. There’s a Chanhassen City Council – October 22, 2012 $5.00 cost per child. Adults are free and that covers all the activities so I hope to see a lot of people there. PROCLAMATION DECLARING NOVEMBER 10 AS BEYOND THE YELLOW RIBBON DAY IN CHANHASSEN. Mayor Furlong: Also this evening I’d like to read a proclamation move, it’s adoption and ask for support from the council as well. Whereas the State of Minnesota has developed a Beyond the Yellow Ribbon program which is a comprehensive program that creates awareness for the purpose of connecting service members and their families with community support, training, services and resources before, during and after deployment, and whereas numerous Chanhassen residents have probably served their country in our armed forces. Whereas the families of those service men and women have also served their country through their own sacrifices in support of the service members, and whereas over the last year a committed group of volunteers have worked to create Beyond the Yellow Ribbon program here in Chanhassen. Whereas on October, excuse me, November 9, 2011 over 100 supporters and interested citizens attended a kick off meeting to officially begin the process of Chanhassen becoming a Beyond the Yellow Ribbon city. Whereas the Beyond the Yellow Ribbon program has enjoyed broad support from Chanhassen businesses, churches, schools, school districts, and civic organizations. And whereas through the dedicated efforts and accomplishments of the Chanhassen Beyond the Yellow Ribbon steering committee and numerous volunteers, Minnesota Governor Mark Dayton officially proclaimed Chanhassen a Beyond the Yellow Ribbon city on October 10, 2012. And on November 10, 2012 the Chanhassen Beyond the Yellow Ribbon will host it’s first annual military appreciation breakfast in honor of Chanhassen members, service members and their families in celebration of the Governor’s proclamation and in conjunction with Veteran’s Day thth and the U.S. Marine Corps 237 birthday. And also whereas on November 10 the Chanhassen Dinner Theaters will be hosting a special program to honor all veterans. Now Therefore Be It Resolved, that the City of Chanhassen recognizes and extends it’s appreciation for the extraordinary efforts of the residents and volunteers who worked to secure designation of Chanhassen as a Beyond the Yellow Ribbon City and for their ongoing support of Chanhassen service members and their families before, during and after deployment. And be it further resolved that the City of Chanhassen recognizes and extends it’s gratitude for the tremendous dedication and sacrifice made to the United States of America by Chanhassen service men and women and their families. And be it further resolved that November 10, 2012 be herby proclaimed as Beyond the Yellow Ribbon Day in the city of Chanhassen. I urge all citizens to sustain the initial efforts of the Beyond the Yellow Ribbon committee to thank and support the military members and their families in our community for their service and sacrifices and to appreciate and cherish the liberties and freedoms that their services ensures. I would move that adoption of that proclamation and certainly invite other council members for comments. Councilman Laufenburger: Second. Mayor Furlong: Thank you. Motion’s been made and seconded. Any thoughts or comments by other members regarding Beyond the Yellow Ribbon? Seeing none, at that point I would, motion’s been made and seconded to adopt the resolution. We’ll proceed with the vote. 2 Chanhassen City Council – October 22, 2012 Resolution #2012-54: Mayor Furlong moved, Councilman Laufenburger seconded to adopt the resolution proclaiming Saturday, November 10, 2012 as Beyond the Yellow Ribbon Day in the city of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone and again congratulations to all and thank you for their service. CONSENT AGENDA: Mayor Furlong: Is there a motion to adopt items 1(a) through (d)? Todd Gerhardt: Mr. Mayor, before you make a motion here. There’s a handout in front of you called Exhibit A for C(2). Currently in your packet we reference an outlot. It should be the lot blocks in that development contract. Just a minor change but if your motion would include this attachment versus the one in your packet. Mayor Furlong: As part of item C(2) in the consent agenda? Todd Gerhardt: Correct. Mayor Furlong: Thank you. Without objection we’ll add that. With that, is there a motion to adopt items 1(a) through (d) as amended for C(2)? Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated October 8, 2012 -City Council Verbatim and Summary Minutes dated October 8, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated October 2, 2012 -Park and Recreation Commission Verbatim and Summary Minutes dated September 25, 2012 Resolution #2012-55: b. Approve Crosswalk Agreement and No Parking Resolution for Park Road. th c. Lakeside 7 Addition, Planning Case 2012-11: 1. Final Plat Approval. 2. Approve Revised Development Contract and Plans & Specifications. Resolution #2012-56: d. Approve Transfer of Reserve Funds to the Revolving Assessment Construction Fund. 3 Chanhassen City Council – October 22, 2012 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Steve Donen: Good evening. Mayor Furlong: Good evening. Steve Donen: Steve Donen, 7341 Frontier Trail, Chanhassen. I’m here to bring up, as we all read in the paper this last couple weeks the incident occurred where a boater was found entering Lotus Lake that was inspected and luckily was prevented from putting in zebra mussels in Lotus Lake. That incident I’ll go over quickly really shows us the importance that we inspect all boats going into Lotus Lake. Or all the lakes here in Chanhassen actually. What happened was is on th September 30 at about 7:00 at night, the last day of the last inspection that we were going to, the last day and the last hour of the inspections we were going to do this year a boat, actually a resident and a person who lived on Lotus Lake sadly enough was found by an inspector to have some zebra mussels on his trailer. This person as I said was a Lotus Lake, lived on Lotus Lake. They had been on Minnetonka during the day. They said when they left the lake, as I was told this, they said when they left the lake, this individual or party had inspected their boat. Taken the weeds off they said and obviously didn’t get them all. So it’s a good thing that obviously had we not been inspecting that day Lotus Lake would be infested today with zebra mussels. Also if the Lotus Lake Conservation Alliance hadn’t been paying for the inspections in the month of September Lotus Lake would be inspected. I’m sorry, infected. This points a couple things. Here’s a boater who cared about the lake and how even caring about the lake and trying to do the right thing, even the fact the importance of an inspector who is trained and knows how to look at the boats being available in there saved Lotus Lake. So it’s really, it again proves that it’s important to inspect all boats. It’s not just the careless boaters who might infect the lake. It’s even the people who care and having a trained inspector looking at all the boats is very important. Now the water’s gotten cold now so there isn’t an issue with the lakes being infested. th Anything below 54 degrees is not a problem but we’re hoping between September 30 and the time that happened was in the last couple weeks that no other boats went in the lake. So I just wanted to point that out to you all. First of all thank you for the inspection programs we had this year. We were glad as the LLCA to be able to extend that program into, through the month of September and catch this boat and this boater. Just a quick, another quick comment. You know we as the LLCA have sent you all, to the council and the staff a few weeks ago a request to be involved and hear about the time line associated with the council and the city creating it’s AIS policy and it’s AIS inspection program for 2013 and we’re hoping to get that plan in place previous to setting up finalizing your budgets because it’s difficult to put a plan in place when you don’t have the budget and it’s difficult to set a budget without a plan so we would hope we could get all that done and we, as the LLCA would like to be involved with that plan. We would like to be involved with the council. The watershed. The Carver County group when that plan is put together. Since we haven’t heard much yet we’re hoping to hear soon from the City Council how that plan’s going to be put in place and how we can be a part of it. Thank you for all your help and we appreciate all you guys have done in the past. 4 Chanhassen City Council – October 22, 2012 Mayor Furlong: Alright, thank you Mr. Donen. Others for visitor presentations this evening. Very good, let’s move on to the next items on our agenda. AWARD OF BID: CONSIDER AWARD OF $1.2 MILLION GENERAL OBLIGATION WATER REVENUE BONDS. Greg Sticha: Good evening Mayor and City Council members. I’m just going to give a quick one minute background on what the bond issue for was for those that are listening or viewing this evening that aren’t quite sure what the bond issue was for today. The City issued $1.2 million dollars in water, general obligation water revenue bonds for the purchase of a radio read utility billing system. The current radio reading devices in place in all the homes and businesses in Chanhassen are slowly having the batteries fail in them. Actually slowly is not the right word. Quickly the batteries are failing in them. The City has had to look at options into replacing those radio reads. After numerous discussions with council in work session this summer the option of going with a radio read single based fixed system is what the council and staff came up with. In order to pay for those radio devices we are issuing bonds to make the initial investment in that and then the bonds be paid back over the next 10 years. The additional information will be following in utility bills over the next number of months. There’ll also be on the web page as well as Channel 8 will have information as to when and how we will be replacing those radio reads in each of the residence in the city. We have a company that’s already in place that’s going to handle the planning of it and so those will be some of the things that the $1.2 million are going to pay for. Not only the radio devices but also installation of those radio devices throughout the city. So that’s kind of a background on what the $1.2 million is for. The rest of it I’m going to just kind of turn it over to Mark Ruff with Ehlers and Associates, the City’s financial advisors. He’s going to give you the good news on two items on how the City fared in it’s bond rating last week, as well as the rates we got on the bonds that we issued today. Mark Ruff: Mr. Mayor, members of the council. Mark Ruff from Ehlers. Also with me this evening is Nate Hancock, one of our newer employees. On the bond rating the City enjoys a AAA rating from Standard and Poors. It’s unusual for a community of your size that’s still growing to have a AAA rating but it’s certainly a testament to several factors that are outlined in the rating report. I did put a copy of the packet in the council’s, in front of the council this evening. If you want to turn to the last 3 pages, the rating report is listed. I’ll just highlight 3 or 4 things that were mentioned by the rating agency. One is the fact that your market value while declining is a moderate decline and overall your average value per person is very strong compared to, compared to national averages as well as the fact that you have a very diverse tax base. You’re not a company town. You don’t rely on just one business. Your general fund reserves are the second thing that they mentioned is very important. The fact that you budget well. That you’re maintaining those reserves. That you have a policy that you follow. It’s very important as well. The debt that you have overall is considered to be moderate by Standard and Poors. You remember that they factor in not just your debt but the school districts and the county when they think of debt when comparing you to other places. And the fact that you pay off your debt quickly. 79% paid off within 10 years is a very important factor as well. AAA ratings are once granted not always kept. It is important to be diligent about it. There are two major suburbs in the Twin Cities area that were just put on negative watch that are also AAA communities. They’re not downgraded yet but the rating agencies are saying that there are some 5 Chanhassen City Council – October 22, 2012 trends that they’re concerned about. There are no trends in your financials that the rating agency expressed any concern about so congratulations on that and it certainly is something that a lot of other communities would like to be in your same place. The benefits of a AAA rating are lower interest rates and if you turn to the second page of the packet you can see that even for a relatively small size of a bond issue, unfortunately in today’s world $1.245 million dollars is a small bond issue but you did receive 5 bids. The winning bid was out of Kansas City, Missouri. UMB Bank at a true interest cost, this is a 10 year bond issue, true interest cost of a 1.2638 percent so again I think in the long run that helps make your utility rates as affordable as they can be by having a low cost debt. That was over a half percent lower than we anticipated and in addition costs, both the underwriters fees and the overall costs of issuance came in about $15,000 less so you’ll have $15,000 more to devote to water and sewer projects if this one does not require it. The range of bids is shown on the third and fourth pages. It was mostly regional folks after you UMB Bank out of Milwaukee. Here in Bloomington, Minnesota as well as Minneapolis and the bids range from a 1.2638 up to a 1.37 so just a 10 basis point swing in the bids. The average annual debt service is going to be about $132,000-$133,000 per year. So with that we would certainly recommend that you accept the bids. It’s a good time to borrow and urge you to jump on it as quickly as you can and look forward to receiving that money. I think th the closing date is set as November 15 so that’s when the funds would actually be exchanged. Mayor Furlong: So before 7:30 would be a good time? Mark Ruff: Yeah. Mayor Furlong: Thank you for the report Mr. Ruff. Mr. Sticha. Questions for either regarding the bonds or the debt rating. Councilman Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Mark, thank you for good news on both fronts. Can you help me understand in simple terms what does AAA bond rating mean to the people of Chanhassen in terms of dollars. For example, AAA got us a certain interest rate here. If we were, what’s a rating below AAA? Mark Ruff: AA. Councilman Laufenburger: Okay, so if we were AA in your professional experience, what interest rate would we have likely been quoted on this sale and how would that translate in terms of cost of interest over a 10 year period of time, on just this sale? Mark Ruff: Sure. You know the exact dollar amount will vary from year to year in terms of that spread. Obviously as interest rates get higher that spread becomes wider, okay. Councilman Laufenburger: Okay. Mark Ruff: So if we were dealing with 10% interest rates versus 1% interest rate then you know you certainly would be saving a bigger chunk because that spread might be as much as 1% or 1 1/2%. In today’s market it’s narrower because we have lower interest rates so it’s something under a quarter percent would be the difference in today’s environment. This is a smaller bond 6 Chanhassen City Council – October 22, 2012 issue. You’re only paying $89,000 in interest in the life of the bond issue so you know you may in that particular case then pay $20,000 more in interest but again if you multiply on that a $10 million dollar bond issue, that would be $200,000 so you know it’s a substantial measureable amount and I would say even in today’s world where credit matters even more than probably 4 or 5 years ago when those spreads were really narrow because people didn’t really care about AAA versus AA. We are seeing the AAA communities are, and I anticipate have and will continue to enjoy a greater benefit than the difference between a AA and an A rating for example. Councilman Laufenburger: So with this particular case $1.2 million dollars, in your opinion we’re probably saying as much as say $20,000 versus, $90,000 versus $110,000. Mark Ruff: Correct. Councilman Laufenburger: Okay. Now this is, how long have we had AAA rating? Mark Ruff: I don’t remember the. Greg Sticha: 2009. Mark Ruff: 2009. Three years, yeah. Councilman Laufenburger: Okay. So that rating is not only does it reflect in interest rates but what are some other benefits that the people of Chanhassen get from a AAA bond rating? Mark Ruff: Well I seem to remember that one of the factors in one of the national publications that highlighted Chanhassen in the past as a good place to live mentioned the AAA rating. Councilman Laufenburger: So recognition. Mark Ruff: So the recognition is clearly an area. I would say that there is some status that comes along with it so whether or not that affects a business’s decision to location or not is an intangible but clearly if you’re a business you’d rather be locating in a place that’s a AAA rated than a junk bond city. Councilman Laufenburger: What’s Eden Prairie’s rating, do you know? Mark Ruff: Eden Prairie has a AAA as well. Councilman Laufenburger: Okay. Mark Ruff: Yeah. And I think that the other thing that it just brings is stability. Again an intangible in my experience is you know if you’re, there was a community in the eastern suburbs that has had problems with their sports facility and their bond rating was downgraded to below junk status. You know that obviously has a mental impact upon residents and whether they think that it’s a good place to live and invest in their own home so I think there are benefits when 7 Chanhassen City Council – October 22, 2012 you’re a AAA community to the fact that people see that as a sign that you know a third party says that your city government’s doing a good job. Councilman Laufenburger: Anything better than AAA? Mark Ruff: No. In fact if you recall the State of Minnesota’s no longer a AAA from Standard and Poors. The United States government. On a federal level the sovereign debt rating is not a AAA rating. There has actually been some concern that if Standard and Poors for whatever reason, fiscal cliff or otherwise downgrades the U.S. government again, whether or not they’d have to evaluate whether they can still keep cities and counties at AAA. We hope that they do but in other parts of the world local governments can’t have a higher rating than the sovereign federal government so. Councilman Laufenburger: Well thank you for the education on this. I think it’s important for us as well as our citizens to recognize that the AAA is not something that is granted whimsically. It’s something that you work hard for and once you achieve that it’s worthwhile to maintain that so thank you Mark. Thank you Mr. Mayor. Mayor Furlong: Other questions. Just a follow up, I mean with regard you had mentioned in response to Councilman Laufenburger’s request of the benefit. There’s that cash benefit on this particular offering but haven’t we, since 2009 since obtaining the AAA rating, haven’t we refinanced a number of bond offerings as well and captured that lower rate on bonds that or debt that have been borrowed earlier. Mark Ruff: Right. Mayor Furlong: Is that, Mr. Sticha. Greg Sticha: This past fall we, or last year in the fall we refinanced $8 million dollars in debt so the savings on that would have been much more significant. In addition we issued just shy of $2 million dollars of additional debt for the water tower that’s being built by the school but we did refinance $8 million dollars last fall that saw the benefit of the AAA rating. Mayor Furlong: We obtained AAA in 2009. We were lower than that before and Mr. Ruff, we’ve talked before about the rate in which as a city we’ve obtained this. Was it back in the 90’s when we were slightly less than AAA? Might be a way to put it. Councilman Laufenburger: Kind. You’re being kind I think. Mayor Furlong: Yeah, we had some challenges so I think it’s a credit to councils. It’s a credit to staff. To our advisors as well for helping us to get to where we are, and now help us maintain it. Mark Ruff: I do really want to emphasize the council’s role in this. You’re the ones who make the decisions. The rating agencies recognize you’re the ones who, even though they talk to we as advisors and staff, they recognize that you’re the ones who have to adopt policies and more importantly you’re the ones who have to adhere to those policies. Whether that be fund balance. 8 Chanhassen City Council – October 22, 2012 Whether that be just your normal budgeting procedure. Believe it or not rating agencies often times have concerns about whether you’re going to have a late budget meaning you don’t actually pass a budget before the calendar year starts. That happens in other parts of the country so you know the fact that you as a council take your time. You ask for very good questions and they’re able to read into the financial statements and the budgets what you’re looking for. They see when other places play games. They see when other places, staff doesn’t have a clear answer for why this is being done but clearly here you’re giving good direction and I really want to compliment you on that as well. Mayor Furlong: Any other questions for staff or, we’re approaching my imaginary 7:30 deadline for accepting quickly. Any other thoughts or discussion or is there a motion? Councilwoman Ernst: I would make a motion. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that City Council award the bid for General Obligation Water Revenue Bonds Series 2012A to UMB Bank in Kansas City, Missouri. Mayor Furlong: Thank you. Is that sufficient for the motion? Excellent. Thank you Councilwoman Ernst. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Mr. McDonald seconds. Any discussion on the motion? Resolution #2012-57: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council award the bid for the General Obligation Water Revenue Bonds, Series 2012A to UMB Bank in Kansas City, Missouri. All voted in favor and the motion carried unanimously with a vote of 5 to 0. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: I would ask at this time, Lieutenant Jeff Enevold with the Carver County Sheriff’s office. Good evening Lieutenant. Lt. Jeff Enevold: Mr. Mayor, council. Good evening. Just a quick update on some recent events that happened last week. Thursday we had two daytime burglaries. One was from the Foxford neighborhood, the other was in the Deerbrook neighborhood. Both of the homeowners were not present when the burglaries occurred. We sent a crime alert out to the area and we shared some crime prevention reminders. We are working hard to identify the suspects and solve the crimes but we always do need the help of our citizens. Sometimes these crimes are solved because alert citizens call in suspicious activity. If a car looks unusual, if somebody looks out of place, don’t hesitate to call 911 so we can send a deputy immediately there and identify the person or the car. That could be critical information that we could use to identify suspects or solve the crime so don’t hesitate. Don’t feel guilty. Call 911. We’ll be there to answer the call. I’m going to meet 9 Chanhassen City Council – October 22, 2012 with Beth Hoiseth, our Crime Prevention Specialist tomorrow. See if we can set up a neighborhood meeting there in that area. We’re going to listen to the concerns. We’re going to answer any questions and hopefully calm any fears that these citizens may have in this neighborhood. It’s kind of a traumatic event when that happens so we’re going to do our best to calm those fears. Second issue I have is next week, Wednesday is Halloween. Our goal this year, like every other year is to make it a happy, safe and memorable experience for everybody involved so just a few quick tips for parents. If you have young children, make sure they’re accompanied by an adult. If your children are old enough to go out by themselves, make sure they go in groups. There’s always safety in numbers. We’ve heard that. If they’re out after dark have them carry a flashlight, a glow stick, wear some reflective tape and obviously remind them not to enter a home or accept a ride from a stranger. And a reminder for those who are going to be out Halloween night, we do have a curfew in the city of Chanhassen. If you’re age 12 to 14 you need to be home by 10:00 p.m. If you’re age 15 to 17 you need to be home by 11:00 p.m. I’ve given work direction to the deputies here in Chanhassen to provide extra patrol in the neighborhoods that night to help us meet the goal of a memorable evening for everyone and again anytime you see suspicious activity, any unusual activity, please call 911 so we can come there and take care of it. That is all I have for you tonight Mr. Mayor, council. Any questions? Mayor Furlong: Thank you. Any questions for the lieutenant? I have one on the curfew times. Lt. Jeff Enevold: Yes sir. Mayor Furlong: The times you gave, those are for weeknights, is that correct? Lt. Jeff Enevold: Correct. Mayor Furlong: And is there a different one for weekends? Lt. Jeff Enevold: It would be an hour later on the weekends, correct. Mayor Furlong: Hour later on the weekends. Lt. Jeff Enevold: Yes sir. Mayor Furlong: Okay. Okay, very good. Thank you. Lt. Jeff Enevold: Very good, alright. Thank you. Mayor Furlong: This evening for our monthly update report, Assistant Chief Rick Rice is here. Good evening, Assistant Chief Rice. Assistant Chief Rice: Good evening Mayor Furlong, members of council. Chief Wolff is out of town on business so I get the opportunity to address the council with our monthly report. Mayor Furlong: Thank you. 10 Chanhassen City Council – October 22, 2012 Assistant Chief Rice: Staffing for the fire department still remains constant at 49. I would like to recognize one of our long term members just retired, Dave Carlson. Served as a Captain Lieutenant and most recently as a Radio and Pager Coordinator. We’re going to miss him. As far as calls we’re still running behind last year’s averages. We’re still about 50 calls down. We hit our 400 mark today. Calls are picking up but we’re again still about 50 calls behind last year’s mark. We did have one day of 7 calls which was kind of intriguing. As far as training goes a major event for us. The fire chief staff completed an online ICS, Incident Command Training program earlier this summer and this past September we completed an online, or simulator training with several of the departments. It was a long weekend class but well th received. And then one of the other major events, September 30 the fire department, our fire department joined other fire departments across the state to dedicate the Fallen Firefighter Memorial. There were over 2,000 officers in uniform for that event and I don’t know the exact number of the actual attendees. It was quite a large crowd. We did have 2 members from the Chanhassen Fire Department in that number of 207 fallen firefighters that occurred since the history of the fire departments in the state. We escorted the families, the Windschitl family and the Wiborg family. They are formally recognized in that event. And of course this past Sunday was the fire department open house. It’s something we all look forward to in the fire department. We have 30 members that volunteer their time to serve. We do that same year after year. I give it credit to the Fire Marshal division, Mark Littfin. Those members gave about 400 hours of volunteer time to address the kids and fire prevention measures. And then it culminates with the fire department open house. We did see some lower attendance this year, even though the weather was good. I kind of attribute that maybe to the Vikings game starting a little later but it was a great event. We did have a new demo this year. We had a kitchen fire demo which was very well received. Hope to continue that in the future. And that’s about all I have for you today. Is there any questions for me? Mayor Furlong: Thank you. Questions for Assistant Chief Rice. I guess for expansion on one of the comments that you talked about and that was with regard to the Fallen Firefighters Memorial. For those watching at home and others, the Chanhassen Fire Department was one of the lead fundraisers for that, or had raised a significant amount of money as I recall, is that correct? Assistant Chief Rice: Yes, I think we were the lead fundraiser. The actual event, one of the opening events was held at the Chanhassen fire department earlier this summer so we did have, play a significant part. Mayor Furlong: I think credit to our fire department for really stepping up and on behalf of the council and others, thank you for doing that. Assistant Chief Rice: On behalf of the department, thank you. Mayor Furlong: Please extend our thanks to the fire department and all the members as well who really have been above and beyond many of the fire departments across the state to raise money for this monument to recognize those who have fallen so thank you very much. Assistant Chief Rice: Yeah, thank you for that comment. I’ll pass that on. 11 Chanhassen City Council – October 22, 2012 Mayor Furlong: Thank you. Move now to the next items on our agenda. BEEHIVE HOMES, 6330 HAZELTINE BOULEVARD, APPLICANT: TYLER AND KATHRYN STEVENS/PROPERTY OWNER, ROR, INC.: A. CONSIDER CITY CODE AMENDMENTS TO CHAPTER 1, DEFINITION OF CONTINUING CARE RETIREMENT FACILITY; CHAPTER 4, FEES; AND CHAPTER 20, AMENDING THE R-8 MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT. B. CONSIDER APPROVAL OF SITE PLAN FOR THE CONSTRUCTION OF A CONTINUING CARE RETIREMENT FACILITY; REZONING FROM SINGLE FAMILY RESIDENTIAL DISTRICT (RSF) TO MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); PRELIMINARY AND FINAL PLAT APPROVAL FOR THE CONSTRUCTCION OF A SENIOR CARE FACILITY. C. PUBLIC HEARING TO CONSIDER VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT. (DELETED). D. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT. Mayor Furlong: As I understand, I think staff is going to clarify. The item that related to a public hearing, since this is listed under public hearing, has been removed. Is that correct Ms. Aanenson? Kate Aanenson: That is correct Mayor…there’s actually four action items so number C, vacation has been eliminated and I’ll go through that in the site plan so technically none of these items require a public hearing so I’ll leave that to the council’s discretion if you wanted to take comment. Mayor Furlong: Alright, thank you. Kate Aanenson: I did break out item A which is a code amendment from the other two items that are in front of you tonight so if it’s okay with you I’ll start with the code amendment. Mayor Furlong: That sounds fine, thank you. Kate Aanenson: As you recall we had a discussion with the council and the Planning Commission way back in June where we talked about a potential for some, we had a couple inquiries of senior housing and kind of the group home. We wanted to make sure we had the correct definition because group home has a broader term and we wanted to make sure there wasn’t kind of unintended consequences with that so we did an issue paper that went to the Planning Commission and then you also saw it and redirected the staff to work with the Senior Commission, which we did and from that, working with what some other cities are doing and had the City Attorney review it, we believe we came up with what we think is a unique 12 Chanhassen City Council – October 22, 2012 opportunity for the city when we’ve got an applicant willing to go forward and propose this type of housing in the city and certainly we’ll talk about it in a minute. The appropriate locations for some of those kind of transitional type uses. So for this code amendment to go through where there’s actually a couple other actions that need to go through and one of that is creating a definition for this senior housing. Put it in the district that we want to put it in, the medium density or the R-8 and then create some performance standards and finally adopt a fee based on some extraction for park use. So with that we’ll start with the definition. I think this is where we wanted to make sure we define what constituted a senior, what constituted that group home so we provided that, those terminologies in here. There’s a lot more detail in the staff report but we want to make sure at least 80% of the 65 years or plus and that again the intent of this is that they’re living as a family unit. They each have individual bedrooms and bathrooms but they’re living together as a family and have congregate meals and living. Mayor Furlong: Unrelated persons though, correct? Kate Aanenson: Correct. Correct. Yes, which we have different from group homes which could be some other types of, yeah. So that would be one of the changes. Then the other would be permitted use so we’re looking at in the medium density district we are also stating that we need to create the amendment for the R-8 zoning district permitting that the continuing care is a definition that we’re using for this terminology. And then finally the standards, again licensing. Building height. Parking standards. Number of beds per acre. We had to come up with some of those basis. Again our vision of this type of use is that it be single story. It could be 35 feet. It could be but kind of for the most that we believe would be in these are probably single story or two stories at best. So then finally the fourth component to get this code amendment to go through is we had to look at some park dedication fees. We have a different structure for multi- family. It really didn’t fall in that multi-family category. Again you had elderly people but we wanted some sort of extraction, sidewalks and that sort of thing so we adopted the $500, or what we’re recommending is the $500 per bed and those would be paid with the building permit so that would be Chapter 18, the extraction which is the council’s approval. So with that we are recommending to approve the code amendment which would affect again creating the definition, continuing care and then the permitted uses in the Chapter 20 and also the standards as well as the fees in Chapter 18 so with that I’d be happy to answer any questions that you have. Mayor Furlong: Yeah, let’s start with questions and deal with the ordinance first. Questions for Ms. Aanenson or staff regarding the ordinance changes and the intended purpose. Ms. Aanenson are we seeing, is this a trend with these type of facilities? Are there other cities that are also looking at amending their ordinances? Kate Aanenson: Yes. Actually in working with the city attorney, some of the other cities he’s in, works in, that we are seeing some other cities, we have other inquiries in the city of Chanhassen but other cities are finding the same type of model being employed. Mayor Furlong: What are you seeing from long term…from land uses as well as planning and meeting the needs of our residents that this type of facility provides that other assisted care facilities that currently fit into another. 13 Chanhassen City Council – October 22, 2012 Kate Aanenson: Sure. This is a little bit different in the fact that some of the other ones you have, like the first one we did for senior housing, Centennial Hills is in an apartment style and same with some of the others. The kind of continuum care. This is, because it’s more family style you actually have what’s private is your bedroom and your bathroom. The rest is of it’s more community so it’s a different style. Different from a nursing home where you maybe eat is, you know where you stay in your room. I think the goal here, and you can hear that from the applicant is that it’s more kind of try to get you out of your room and more of a family type setting. As opposed to your own independent living space. Mayor Furlong: Alright. And it’s geared towards senior citizens, is that? Kate Aanenson: Yep. 65 and plus 80% and that was one of the keys that we have because once you put the group home definition, we were trying to find the appropriate zoning. There’s a lot of different things that fall within that group home category and we wanted to make sure where we’re placing these that everybody understands what the intended use would be for that. Mayor Furlong: Okay. And so does the ordinance deal with the age of the residents or not? Kate Aanenson: Yes it does. That was one of the criteria, if I can go back to the first one. It’s why we said it’s 80% to be 65 or plus. Mayor Furlong: Okay, thank you. Kate Aanenson: You can have 2 people, a couple could be in one space so you might have somebody with a different age group within there so. Mayor Furlong: Okay. Okay. Alright. Thank you. Other questions with regard to the ordinance. Do we want to deal with this first and to establish the ordinance before we deal with the project? Particular project that would fall underneath this. Okay, thank you Councilwoman Tjornhom. Any discussion, comments on this? Or would somebody like to make a motion. Councilwoman Ernst: I’ll make a motion. Mayor Furlong: Councilwoman Ernst, thank you. Councilwoman Ernst: I make a motion that we approve a rezoning of property from Single Family Residential District to Mixed. Todd Gerhardt: No. Councilwoman Ernst: Am I on the wrong one? Councilwoman Tjornhom: The ordinance was up here. Kate Aanenson: Oh I’m sorry. 14 Chanhassen City Council – October 22, 2012 Councilman McDonald: Yeah, it’s 4(a). Kate Aanenson: There it is. Councilwoman Ernst: This one? Kate Aanenson: It’s right there. Councilwoman Ernst: Oh sorry. So the whole thing, okay. I make a motion that City Council approve the amendment to Chapter 1, Definitions; Chapter 20, Section 20-652 Permitted Use; and Chapter 20, Articles XXIII, Division 2, Standards; Chapter 18, Fees as stated in the staff report with the adoption of summary ordinance. Mayor Furlong: Thank you. Councilman McDonald: I’ll second. Mayor Furlong: Thank you. The second was much easier on that one than the motion so. Thank you. Any discussion on the motion? I think this is a, I appreciate staff’s effort in looking for a way to accommodate a need that, a growing need in our area and I think across the country which is providing good, quality, high quality places for people to live at different ages as they’re looking to move out of their prior homes so thank you to staff for working with that and others involved. If there’s no other discussion, we’ll proceed with the vote on the motion. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the amendment to Chapter 1, Definitions; Chapter 20, Section 20-652 Permitted Use; and Chapter 20, Articles XXIII, Division 2, Standards; and Chapter 18, Fees as stated in the staff report with the adoption of summary ordinance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let’s move on now then Ms. Aanenson with the consideration of the site plan and other aspects. Kate Aanenson: Yes, thank you. Again as we stated earlier there’s no vacation with this and I’ll go through that in a little bit more detail. There’s been revisions from when this went to the Planning Commission and actually when the packet went out so with this action we’re looking at the site plan approval and the development contract and a rezoning so we’ll go through that. The site is, that we’re looking at is located on 41, right here just south of Highway 7. It’s the, to the west of it is a residential area and to the north is commercial, then you have the Minnetonka Middle School West across the street. So as you recall in the 2030 comprehensive plan we spent some time looking at this piece of property and the property to the south, looking at what the appropriate land use would be based on access issues. Clearly it’s a state highway and they regulate, they have jurisdictional control of how we could access the site which was a little bit problematic for the underlying property owners to try to develop as we looked at potentially tying it to the retail to the north but that didn’t work based on grade changes so when we went through the comprehensive plan we actually looked at what should we zone this and we actually 15 Chanhassen City Council – October 22, 2012 changed it to medium density or office, as we thought that would be a good transitional use between the residents and, now that would include the subject parcel we’re on now and the parcel to the south. So really between the commercial, the traffic on Highway 7 and the school across the street. So this site, as we saw in the last application, the medium density, so this was a medium density. What we need to do is fix that medium density to allow this specific continuing care type of use to fit within that so in the staff, in looking at, working with the applicant. Looking for some size we thought this was a really nice transitional piece that would provide the right setting for this type of use. Again you’ve got the new Walgreen’s in close proximity too. So the first thing we’re going to recommend is that we do the residential single family, rezone it. It is consistent with the guiding. The medium density so that would be the first application request. The second is to actually do a subdivision. This is the existing easement which will stay in place but it’s now being platted to a Lot and Block but this entire parcel of the old Reed’s Orchard Ridge. So the existing conditions on the site, there’s, was 2 homes on there. There was an old drive-in on the site. A restaurant. Existing home. There was some rental property. This is an existing drainage way that goes to a city stormwater pond. Again as we mentioned there’s State Highway 41 so where it will be getting access via that. Right-in/right-out. This was the original site plan that went to the Planning Commission. There was again we talked about the vacation that was proposed to that and that has now been changed. So this is the new location of the building so it would be outside the easement and this is the City’s easement. Mayor Furlong: So the blue line is the new location, is that correct? Kate Aanenson: Correct, yeah. So the easement actually falls along so there will be no encroachment into that easement. We did look at the engineering for that to make sure this driveway, one of the concerns was the existing tree. I failed to mention that in the earlier slide but there is an existing oak tree that we are working to preserve so there’s guest parking in the front of the site, and then there’s underground parking here for the staff. Again one of the things that this building has, would have fulltime staff care. Fulltime care so that’s day and night time. One of the issues that we did talk about too was the lighting and a little bit more detail on that. Again we believe this site, based on the transitional uses in the area is very appropriate in scale. The height for this zoning district does allow 35 feet. This is 29 feet and is really nice, articulated residential building. The Planning Commission also thought it was a very nice looking building. I just want to show the materials that are on the, if we can zoom out. Materials that are on the board so again that’s a really nice materials that are shown with the roof and the bricks. Sorry. And so articulation and front canopy entrance pronounced for visitors. Again that guest parking to the front and then so this would be the front entry. Again this would be the area going to the lower level to park and I’ll go over a little bit more detail on that. Oops, thank you. And so this would be again the guest parking area here. The large tree. And then lighting and entrance sign in this location here. Talked about parking already. Guest parking in the front. The majority of the workers then would be underneath and there is some office level in that lower level too. This is the space itself. Just showing you the individual bedrooms and bathrooms and then the community space which would be community kitchen, sunroom, living room, family room area so that’s the communal part. Getting people out of their rooms, otherwise they would just have their individual rooms and bathrooms. Lower level, we talked about that with the parking, offices in the lower level. Just on the far north side. So with this proposal we also looked at the future alignment. This does stop short of Mr. Gowen’s property. 16 Chanhassen City Council – October 22, 2012 He’s located to the south. There is an access here. If sometime in the future it could be connected. It’s not intended to touch Mr. Gowen’s property with this development at this time. Again we always try to plan ahead for those situations to provide that. This is the existing drainage. We showed you that on an earlier slide. This is how it’s being handled today so we need to re-route that with this proposal. Existing stormwater will come along the front of the building. On the back of the building, this again shows the previous design but this, everything on the back of the building and… (There was a break in the taping of the meeting at this point.) Kate Aanenson: Right now? Mayor Furlong: Correct. Currently. Kate Aanenson: Yes. Mayor Furlong: So Mr. Oehme? Paul Oehme: Yep, Mr. Mayor, City Council members. Mayor Furlong: Could you turn your mic, is your mic on? Paul Oehme: Yeah, I believe a portion of the southern property does drain to the north onto this property currently. Mayor Furlong: Okay. And so is any of that proposing to be changed? Paul Oehme: The. Mayor Furlong: This development is not going to stop up that flow or cause a back-up? Paul Oehme: Correct, yeah. The pipes, the pipes, the stormwater pipes that are currently being proposed will be able to capture that runoff from the south property to the north and also it takes into consideration the stormwater that discharges from Highway 41 and the school district. There’s a trunk, storm sewer pipe that’s shown here in green that captures that water and then directs it into the pond. The existing pond. Mayor Furlong: And are the sanitary sewer line and water lines, those are being relocated as a part of this development? Or are they not existing right now? Paul Oehme: They’re non-existent. They’re being extended to this development and then they are also planning to be stubbed to the southern property as well for potential future development of that site. Mayor Furlong: So while the, as I’m looking at this picture the storm water’s flowing north. It’s going from the bottom to the top but the sewer and water services are coming from the north? 17 Chanhassen City Council – October 22, 2012 Paul Oehme: The water is coming from the north, right and then the gravity sanitary sewer line here, I think it’s in red, will, it currently is extended up to about this location so it would just be extended to service the development being proposed and then also stubbed to the south property line as well for future connection to the, to that property. Mayor Furlong: And does the site plan include, I assume a utility easement over those lines. Paul Oehme: Yes it does. Kate Aanenson: Yeah, and just to be clear we’re not, it’s stopping short of that right now. I think that was communicated so those utilities, while they’re being stubbed, they stop short so we’re not grading the neighboring property to the south. Mayor Furlong: Okay. So there should be no disturbance of the southern property. Kate Aanenson: Thank you, that’s correct. Yeah. Mayor Furlong: Okay. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes, Councilman Laufenburger. Councilman Laufenburger: Kate, so the revisions, this document that you left us. Kate Aanenson: Yes. Councilman Laufenburger: The revisions are highlighted. Is the applicant aware of the change in fees? Is that correct? Kate Aanenson: Yes. Actually they’re correct in the development contract and so yes. Councilman Laufenburger: The $15,735. Kate Aanenson: That’s a correct number, yes. Councilman Laufenburger: Okay. Alright. And the only thing that, is this, what we see on the screen, is this the correct cantation of the building or is it the, there. Kate Aanenson: That’s the correct cantation. Councilman Laufenburger: So the blue line represents the correct which means that that portion on the upper right is properly back from the easement, is that correct? Kate Aanenson: That’s correct. So it’s approximately 50 feet from this corner. 18 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Okay, thank you. Kate Aanenson: To the property line. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions for staff before the applicant addresses the council. Is the applicant here this evening? If you’d like to come forward. Is there anything that you’d like to share with the council. Tyler Stevens: Yes. Mayor Furlong: If you’d like to come forward. Is there anything that you’d like to share with the council? Tyler Stevens: Yes. Mayor Furlong: Good evening. Tyler Stevens: Good evening Mr. Mayor and council. Mayor Furlong: If you could state your name and address for the record I would appreciate it. Tyler Stevens: My name is Tyler Stevens. My address is 6505 Fox Hollow Court, Chanhassen, Minnesota, 55317. Mayor Furlong: Thank you. Tyler Stevens: I’m here tonight representing BeeHive Homes. Growing up I had the opportunity of living with my grandparents and having my grandparents raise me. Being part of that growing up you know I became aware first hand of what aging really is. The good, the bad, the ugly that go into it. Because of that my wife and I, we started a company 5 years ago called Encore Senior Home Care. We’re in Excelsior and what Encore does is, we go to senior citizen’s homes and provide in-home care. Things like cooking, cleaning, laundry. Help with transportation. Then also personal cares. Toileting, bathing, medication management, that kind of stuff. Over the last 5 years it’s become more and more apparent that one of the main reasons that clients, our current clients and seniors in general tend to stay home is in Minnesota there really only is one option for assisted living. I mean there’s a nursing home, which is one level, flat brick but then in terms of assisted living, people that don’t need nursing homes, the only alternative really right now is a big facility type, institutional based, like a Pres Homes. Ebenezer. You know kind of the big massive developments. And my grandfather lives in one of those. He lives in a senior community, assisted living that he’s one of 450 residents and a lot of people don’t thrive in that environment. At least I know for my personal story, my grandfather doesn’t. One of the, the benefits of building a home like this and really the backbone of wanting to do something like this is it provides an alternative for what the norm is when people think of 19 Chanhassen City Council – October 22, 2012 assisted living. This would be an opportunity for my grandfather and 24 other residents, it’s going to be a max of 25 people that are going to live there but there’s things that you can do in a small, intimate setting that you can’t do in a big facility. You know we can customize you know plans. Day trips. Activities. Lessons. All that kind of stuff. Living in Chanhassen and building this is in Chanhassen, it’s not a coincidence. You know I live here. I believe in Chanhassen and I really genuinely do think this would be an asset to the community. It’s something that not a lot of other communities have and I feel like that would be, other cities would follow. With that I’m here for questions as long as, as well as our engineer is here for civil questions. Mayor Furlong: Okay, Mr. Stevens thank you. Questions of Mr. Stevens. Councilwoman Tjornhom: I don’t have a question. I have a comment. Mayor Furlong: Sure. Councilwoman Tjornhom: …you’re a community for life and yet I think it’s fitting that a couple of weeks ago we did a daycare center and now we’re doing your center and you know I think it really is wonderful that you’re doing this. This is something we’ve lacked in town for a long time so thank you for your efforts in bringing this to us and letting our seniors stay here and be in good care. Tyler Stevens: We’re excited, thank you. Councilwoman Tjornhom: Thank you for that. Mayor Furlong: Thank you. Other questions or comments for the applicant. Very good, thank you. Tyler Stevens: Thanks. Mayor Furlong: There is no public hearing tonight with regard to the drainage and utility easement because of the changes made. I know there was a public hearing held at the council, or excuse me, at the Planning Commission meeting and we have received those minutes. Verbatim minutes of that meeting. I don’t know if there was anything new that anybody would like to comment with regard to the changes here. It seems to me that they’ve been incorporated some changes from the comments made at the Planning Commission meeting til now but if there’s somebody that has new information or comments that they’d like to share I certainly would offer an opportunity for public comment. Okay, seeing none, thank you. Let’s bring it to the council then for discussion. This would be relating to items 4(b) and I think 4(c) we could handle as a single motion, is that correct Ms. Aanenson? Kate Aanenson: That’s correct. Mayor Furlong: Okay. Thank you. Any thoughts or discussion? Councilwoman Tjornhom I think addressed the applicant on this but your comments would be similar as a general comment for the city. 20 Chanhassen City Council – October 22, 2012 Councilwoman Tjornhom: Yeah, no. Absolutely. This is something I’ve thought of for years we lacked in this town and so I can’t thank him enough for providing this opportunity. Thank you. Mayor Furlong: Thank you. Other comments? Or discussion. I would concur and I like, I am, appreciate the Stevens for bringing this forward and working with staff. I know anytime there’s something different, it usually doesn’t go as quickly as when something fits into the ordinance so I know that there was a lot of effort on the part of staff and the applicant and others to make sure that what it sounds like most everybody agrees is needed for the city to make sure that it works and it works well and it fits and that we find a way so that it provides the intended benefit without any unintended consequences as much as we can so I want to just make my comments and say thank you for that. I agree with Councilwoman Tjornhom. I think that this is another aspect and something that we will be seeing more of and it does allow us, as Chanhassen, as she said to be a community for life so thank you for that. Councilman Laufenburger: Just one other comment Mr. Mayor. Mayor Furlong: Certainly. Councilman Laufenburger: Kate, I appreciate your efforts to save that 50 foot oak and perhaps Mr. Stevens can make sure that there’s a bench right beneath that oak for people to ponder their future. Mayor Furlong: With that, is there, would somebody like to make a motion regarding items 4(b) and 4(d) as in David. Item 4(c) has been deleted. Councilwoman Tjornhom: I’ll make that motion. Mayor Furlong: Councilwoman Tjornhom, thank you. Councilwoman Tjornhom: I’d like to make the motion Mr. Mayor that the Chanhassen City Council approves a rezoning of preliminary and final plat with a development contract, revised site plan and the adoption of the attached Findings of Fact as stated in the revised staff report dated October 22, 2012. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves Planning Case #2012-15 to rezone 2.16 acres of property zoned RSF, Single Family Residential District to R-8, Mixed Medium-Density Residential District for BeeHive Home 21 Chanhassen City Council – October 22, 2012 Subdivision contingent upon final plat approval, as shown in plans dated received October 9, 2012, based on the revised plans dated received October 22, 2012 and adoption of the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the preliminary and final plat for Planning Case 2012-15 for BeeHive Home as shown in plans dated received October 9, 2012, and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1.Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat submission and approval. 2.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County, Watershed District and MnDOT. 3.The developer must work with the City to properly locate the easements over the utilities and over the treatment pond. 4.Storm water connection fees will be collected with the final plat. The fees are estimated to be $15,735.60. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the site plan consisting of a 15,681 square-foot continuing care retirement facility, Planning Case 12-15 for BeeHive Homes as shown in plans dated received October 9, 2012, based on the revised plans dated received October 22, 2012 and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1.Install tree protection fencing around the preserved oak at least 30 feet from the trunk. The fencing shall be installed prior to any construction activity and remain until site construction is completed. Wood chip mulch shall be applied within the fenced area to a depth of 4-6 inches. 2.One spruce shall be added to the plantings along the west property line. The tree should be located behind the proposed group of five lilacs. 3.Building Official Conditions: a.The proposed structure is required to have an automatic fire extinguishing system. 22 Chanhassen City Council – October 22, 2012 b.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report is required. c.Designs\plans for retaining wall(s) exceeding four feet in height must be prepared and signed by a structural engineer. d.Detailed building code related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. e.Demolition Permit(s) are required for the removal of any existing structures on the site. f.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 4.All rooftop and ground equipment must be screened from views. 5.Approval of the site plan applications is contingent upon approval of the final plat, rezoning, and the City Code amendment – Planning Case 2012-15. 6.The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The sign shall be located 10 feet from the property line. A sign permit is required before construction of the sign. 7.Sign illumination and design shall comply with ordinance. 8.Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 9.The existing buildings must be removed prior to grading. Demolition of structures must comply with National Emission Standards of Hazardous Air Pollutants, Minnesota Rules 7035.0805 and any other pertinent rules, regulations and laws. 10.The developer will be responsible for all the costs associated with rerouting the storm water. The City will own and maintain the proposed storm sewer upon acceptance by the City. The developer must model the drainage area discharging to the 36-inch storm sewer to determine the proper sizing of the storm sewer through the site. 11.A permit is required for any work within the MnDOT right-of-way. 12.The NURP calculations and or drainage area map must be revised to correlate to the plans. 13.The roof drainage from the rear of the building needs to be collected and piped to prevent storm water from discharging to the properties to the west. 14.Drainage maps and hydrocad calculations were provided for this site. The maps do not show the correct drainage boundaries. The maps and calculations must be revised to meet City standards. 15.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23 Chanhassen City Council – October 22, 2012 16.The applicant shall work with staff on the proposed location of the new lines. The sewer and water lines located between the existing lines and the property to the south will be city owned and maintained. The lines connecting to the buildings will be private. Drainage and utility easements will be required on the public portion of the sewer and water lines. Permits are required from the Department of Health and MPCA for the sewer and water extension. 17.Each new building is subject to sanitary sewer and water hookup charges. The 2012 trunk hookup charge is $2,107 per unit for sanitary sewer and $5,717 per unit for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 18.The utilities will need plan and profile sheets of all public utilities. The public portion of these utilities will be inspected by an engineering inspector. Upon completion, as-builts must be completed to ensure that the utilities meet the specifications of the City. 19.Existing easements are shown in the location of the proposed building. 20.The developer must post a letter of credit or cash escrow ensuring the future connection to the property south of this development. This connection must occur within one year of the completion of the first lift of asphalt. Upon completion of the new access point, the BeeHive Home property must remove the right-in/right-out access. The City will hold the letter of credit or cash escrow until the BeeHive Home property connects to the future access point and removes their current right-in/right-out. 21.The applicant shall provide the NPDES Permit number prior to commencement of earth- disturbing activities. 22.The SWPPP shall be amended such that under Project Contacts, the City contact is Terry Jeffery, Water Resources Coordinator 952.227.1168 and Chip Hentges, Carver County SWCD, 952.466.5230 shall be added. 23.That portion of the SWPPP with the heading “Responsibility Requirements” shall be completed in full and submitted to the City and included in the on-site SWPPP at the pre- construction meeting or otherwise prior to the commencement of earth-disturbing activities. 24.Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of all erosion prevention and sediment control BMPs must be included in the SWPPP. 25.Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T-posts shall be shown on the plans and installed prior to any earth- disturbing activities. This shall be included as part of the SWPPP. 24 Chanhassen City Council – October 22, 2012 26.Category 3 erosion control blanket is only required where slopes exceed 3:1. All blankets shall use natural netting and stitching. Hydraulic soil stabilization would be a preferred alternative. 27.Erosion stabilization mat shall be placed at the outfall in the intermittent channel. This shall be classed by shear stress within the channel as described in MnDOT Specification Manual 3888.1. 28.All silt fences shall be standard machine sliced or heavy duty. In no case may preassembled silt fence be used without approval from the city. This shall be indicated on the plan and in the legend. 29.The legend shall be included on sheet C6: Erosion and Sediment Control Plan in addition to sheet C1. 30.The rock construction entrance shall be consistent with section 19-145 in that it must be at least 75 feet in length unless it can be shown that it is not possible to do so. 31.The swale located southeast of the proposed building shall be stabilized in its entirety. 32.The SWPPP must identify the receiving waters for this project. 33.All City standard detail plates shall be edited so that they are legible. 34.The applicant must receive approval from the United States Army Corps of Engineers prior to working within the existing intermittent channel and provide proof of approval to the City. 35.Any dewatering needed shall have a plan which shall be included with the SWPPP. This plan shall be provided to the City and the City shall be notified at least 48 hours prior to commencement of dewatering activities. 36.Stockpile areas shall be shown on the plan and shall include the anticipated sediment control practices which will be implemented. These additional quantities shall be added to quantities currently in the plan. 37.Encroachment agreements are needed for any structure located in the drainage and utility easements. This includes but is not limited to the parking lot and light poles located in drainage and utility easements. 38.The applicant shall work with staff on minor plan modifications. 39.The trash enclosure shall utilize the same exterior materials as the proposed building. Recycling space and other solid waste collection space should be contained within the same enclosure.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. 25 Chanhassen City Council – October 22, 2012 Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the construction plans and specifications dated August 3, 2012, prepared by James R. Hill, Inc. and the development contract dated October 22, 2012 be approved conditioned upon the following: 1.The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $183,790.29 and pay a cash fee of $33,024.00. 2.The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING TO CONSIDER CERTIFICATION OF DELINQUENT UTILITY ACCOUNTS AND CODE ENFORCEMENT VIOLATIONS. Mayor Furlong: Mr. Sticha, are you ready for item 5? Greg Sticha: Good evening council. Every year as part of the utility billing payment process the City certifies any delinquent utility and/or code violations that have been delinquent throughout the year. Before you this evening are the list of delinquent utility accounts as well as code violations for the year going into this point in time. Just I guess one item to keep in mind, between now and when we have to certify those delinquent amounts to the County, about a quarter to a third of them will be paid so the amount that you see in front of you will be reduced by significant amount between now and certification time. The process before you this evening is to hold the public hearing to allow for comment on any of these delinquencies. The amounts that we see compared to previous years is very consistent. No higher or significantly lower than previous years. Right around the same amount from previous years. There’s no differences between this year’s delinquent certification list and last years so if you have any questions I’d be happy to answer questions about either of the lists that are before you this evening. Mayor Furlong: Thank you. Questions for Mr. Sticha. Mr. Laufenburger. Councilman Laufenburger: You say that about a fourth of these will be paid between now and the end of. Greg Sticha: The end of October, beginning of November. About 25% to a third will probably get paid. Councilman Laufenburger: What causes them to be paid? Greg Sticha: They’ve received numerous delinquent notifications. They will have either heard about this meeting or find out an additional notification that it’s about to be certified to their property taxes and then at that point in time those quarter or a third of people. 26 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Step forward. Greg Sticha: Step forward and decide to pay. Councilman Laufenburger: So if they don’t step forward and pay then these bills will be added to property tax statement? Greg Sticha: For taxes payable. Councilman Laufenburger: For 2013. Greg Sticha: 2013, correct. Councilman Laufenburger: And then we would collect. We would collect on these from the County based on property taxes that are paid in 2013, is that correct? Greg Sticha: That’s correct. Councilman Laufenburger: Less a fee that they get. Greg Sticha: Yep. The County gets a small fee for assessing those to their property taxes and then we have a delinquent charge for having to assess those to the County. Councilman Laufenburger: I recall Mr. Sticha that a year ago we talked about this and there was some, at least there were 2 members of council that asked to consider rather than using the property ID, using the name of the property owner. Am I remembering that correctly? I think so. Greg Sticha: There were some informal discussions. Councilman Laufenburger: Yeah. Is that an action that the council could take? Greg Sticha: Certainly. If the council wanted to. Councilman Laufenburger: List names as opposed to property ID’s. Greg Sticha: You could list them as opposed or in addition to I think. I think you have to list them. Councilman Laufenburger: Mr. Knutson is that true, is that in our prerogative? Roger Knutson: Yes it is. Councilman Laufenburger: I knew it was a one word answer coming. 27 Chanhassen City Council – October 22, 2012 Roger Knutson: Yes it is. You need to include the PID’s so they know how to certify it but you can also include their names if you choose to. Councilman Laufenburger: Okay, alright. Thank you Mr. Sticha. Councilwoman Ernst: Mayor I have a question. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: My question really is for Councilman Laufenburger. So what is your intent of if that is something that the council would do? What is your intent of that? Do you think that they’re going to pay their taxes faster? Or pay their utilities faster. Councilman Laufenburger: I’m wondering if everybody knows their property ID. Everybody certainly knows their name but they may not know their property ID. Is it possible, is it remotely possible that some people just because maybe they live out of state or something, they have never received this or they’ve received it and haven’t opened it and then haven’t translated that to oh I owe this money. Is that possible Mr. Sticha? Greg Sticha: It’s possible. We get told that frequently. Councilman Laufenburger: Oh you do? So that’s confirmation that in fact they don’t know. Greg Sticha: Well I don’t know how often that’s truthful but we get told that they’ve received none of the notices. Councilman Laufenburger: Okay. So that would be one thing Councilwoman Ernst. Councilwoman Ernst: But I mean do they not get named in a letter when the letter is sent to them? They don’t have their name on it. Is it just an ID or? Greg Sticha: No, the letter that’s addressed to their home address has their name. Has their utility billing account number and all the information on their account so it’s got all the pertinent information. Name, address. Councilwoman Ernst: So they should know that it’s their’s. Greg Sticha: Well unless like Mr. Laufenburger said, if they for some reason got absolutely none of their mail the last 6 months. Councilwoman Ernst: Well. Mayor Furlong: Do we, if I may, are letters sent certified when they get to this point? Greg Sticha: No. We do not certify them. 28 Chanhassen City Council – October 22, 2012 Mayor Furlong: No, no, no. Certified mail. I’m sorry, with a return receipt or delivery confirmation. Greg Sticha: We do not because there’s additional costs involved and we in some cases still get them back without anybody ever wanting to sign or willing to sign. Mayor Furlong: And that, and there certainly would be added costs there. Did you have other questions? How frequently is the same property, same payer year after year after year at this point in the stage or does the list rotate a little bit or a lot? Greg Sticha: The list rotates really very little. It’s frequently the same people year after year that, and it’s in a lot of cases once they’ve received the notice or heard that it’s going to be certified it’s the same people who call and ask for a payment plan every year so it isn’t usually different residents every year for the most part. There are some but a lot of them are frequent from the previous year. Mayor Furlong: And what is the, you said there’s a $5.00 delinquency charge if it gets certified? Greg Sticha: That’s the free from the County to assess it to their property taxes. In addition we charge a 10% certification fee plus all other late charges that they have. Mayor Furlong: And that’s really where I’m going with my question so let me just start there. What are, if somebody does not pay their bill when it’s due, when the quarterly utility bill is due 30 days after they receive it, is that correct? Greg Sticha: Correct. Mayor Furlong: So if they don’t pay within that 30 days, what are the fees that are incurred for non-payment? Greg Sticha: I’d have to look but I think our late payment fee is either 5 or 10 percent and then the certification fee is 10% so. Mayor Furlong: So 5 to 10 percent for quarterly. Greg Sticha: Yep. Mayor Furlong: 5 to 10 percent? Greg Sticha: Yep, and in a lot of these cases they’re not delinquent just one quarter. They’re delinquent multiple quarters and in some cases the entire year. They won’t have made payments between, at all between now and last year’s certification time. Councilman Laufenburger: Mr. Mayor, I think the question that Councilwoman Ernst was asking me is why would you want to publish the name of the people that owe the City money versus just the property ID, is that question? 29 Chanhassen City Council – October 22, 2012 Councilwoman Ernst: Correct. Councilman Laufenburger: Yeah, yeah. To motivate people to pay. That would be the motivation. To save the embarrassment. To save the embarrassment of having their name repeatedly. Councilman McDonald: Well when this came up last year I mean that was one of my motivations for wanting to do this is to put a name to you know someone. Chaska does it. They print the name of the property owner plus the PID. It does motivate some people at that point to pay their bills to stay off the list. A number means nothing. A name means everything. That’s why it was brought up last year and that’s part of my motivation for doing it is maybe we can narrow the list down because there is a I guess a feeling in Chaska you don’t want to be on the list so you know a lot of people do make sure their payments get in. I’ve had some people that didn’t know that they owed taxes because the home is on a contract for deed and the people are supposed to be paying who are doing the home and when they don’t it goes back to the fee owner of the property and they find out that things are not being done and suddenly taxes are getting paid so it has it’s advantages. Councilwoman Ernst: Mayor, I have a comment. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Well that might be one option. Another option might be, is it reasonable or would it be appropriate for us to increase that fee? You know rather than a 5 to 10 percent, make it a 25%. Is that what you were talking about before with the 5 to 10 percent? Greg Sticha: That’s certainly an option the council would have if they wanted to increase the late fees, they could do so. You want to get, you want to be careful as to get too overly high with the late fees. We have, the ones that are calling me a lot of times want to set up a payment plan and their budgets are stretched pretty thin to begin with and if you hit them with too much of late fees we’re going to end up waiving some of those late fees just to get paid in some instances. If they have a good record with the City in paying their utility bills we will waive the first late fee. If they’ve maintained a good record over the last number, several years so. Councilwoman Ernst: Okay, thank you. Todd Gerhardt: Mayor, council. Just a point of clarification. I mean this statute was put in place for us to insure that we’re going to get paid. You know we do assess a penalty and a fee on here so we are going to get paid, you know it’s just a matter of time and it’s a hefty fee already. I think some people don’t make their payment as a way to have it certified onto their property taxes for a potential write off then and if they’re ever audited and somebody really digs down into the details, that probably would not qualify. But that’s one approach. Another approach that Greg had mentioned is that there are people that have difficulty making these payments and we try to work out a plan ahead of time but you know the incentive is not to have these penalties and interest. We spent a good hour talking about increasing our sewer and water rates to help 30 Chanhassen City Council – October 22, 2012 pay for the operation and that’s the one we have difficulty on too. So the key thing is is that we are going to ultimately get paid. They do get a penalty on it and so and it’s covering our cost. Councilman Laufenburger: What’s the County fee for collecting this as part of the property tax? Greg Sticha: $5.00. Councilman Laufenburger: Per? Greg Sticha: Per parcel. Councilman Laufenburger: So we essentially, we will, if I look at this number, we will get $141,951 less $5 per parcel plus delinquent fees? Greg Sticha: The 141 is actually just the late fees, or just the delinquent bills so in addition we’d be certifying the $5 plus the 10% late fees in addition to those amounts. Mayor Furlong: The County fee is added on? Greg Sticha: Is added on. Mayor Furlong: To the amount owed. Councilman Laufenburger: Oh, okay. So what we get is the $141,951 plus 10 percent? Greg Sticha: Yep. We would, to get the books balanced at this point in time we’d need $141,000 coming in from the delinquent users and then we’d be. Councilman Laufenburger: So what’s your history on this Greg? This isn’t the first year we’ve done this. In the past do we get, does it come in one year after we turn it over to the County? Does the money come in in the form of property taxes 1 year after we turn it over to the County? Greg Sticha: Typically yes. Now if they’re delinquent on their property taxes it could take 2 to 3 years to eventually get this money so it’s possible it could take more than a year to get the money. Councilman Laufenburger: So what you’re saying, unless there is a compulsion on behalf of these, how many properties are there here? Greg Sticha: 269. Mayor Furlong: 269. Greg Sticha: Yep. 31 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Okay. If, unless there’s a compulsion on some of those 269 people to have, to have the embarrassment of seeing their name in the paper, like in Chaska, we’re really going to get the money. Greg Sticha: Yeah, eventually. Councilman Laufenburger: Eventually. And about a fourth of this we’re going to get soon. Greg Sticha: Yep. Councilman Laufenburger: And the remainder we’re going to get later. Greg Sticha: Most of it we’ll get next year and then a small portion in years 2 and 3. Mayor Furlong: And just for clarification, the 10% late charge, that gets added on when the quarterly bill is 30 days late, or when the quarterly bill becomes past due. Greg Sticha: Right. And there’s an additional 10% we add on for certification process. Mayor Furlong: So these amounts here already include the 10%? Greg Sticha: It includes the late fees. The late quarterly fees but it doesn’t include the late fee for certification. Mayor Furlong: Understand. So the certification fee is on top of the amounts of plus the already applied late fee for the quarterly. Greg Sticha: Yep, that’d be correct. Mayor Furlong: Okay. And what are, I mean this is $140,000. A little bit more. What are the total billings for the utilities? Greg Sticha: Well we bring in in water and sewer just shy of $5 million a year in water and sewer operating so. Mayor Furlong: So we’re, while nobody can justify not paying their bill. At the same time our collections are relatively strong in terms of the total amount invoiced during the year. Greg Sticha: If you include storm water it’s over $5 million so. Mayor Furlong: Okay. Alright. Any other questions at this point? We will hold a public hearing if anybody wants to come forward and discuss this. So if there’s no objection let me go ahead and open up the public hearing and invite all interested parties to come forward and address the council on the matter before us. Seeing nobody, without objection we’ll close the public hearing and bring it back to council for discussion and action. Any discussion? If not would somebody like to make a motion? Is adoption of the resolution is a sufficient motion? 32 Chanhassen City Council – October 22, 2012 Todd Gerhardt: Yes. Mayor Furlong: So there is a resolution in our packet. Would somebody like to move adoption of the resolution? Councilman McDonald: Where in our packet is it? Councilwoman Ernst: Right here. Todd Gerhardt: It’s the second page, just behind the staff report there’s, if you want to just read the title to the resolution. Councilman McDonald: Okay. I would, a resolution certifying delinquent utility accounts to the County Auditor Mayor Furlong: So you’d move it’s adoption. Councilman McDonald: Yep. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion to adopt the resolution has been made and seconded. Is there any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution #2012-58: Councilman McDonald moved, Councilwoman Ernst seconded to adopt the resolution certifying delinquent utility accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Greg Sticha: Just to clarify one item. Do we need another motion for the? Mayor Furlong: For the code enforcements? Roger Knutson: Yes. Greg Sticha: Okay. Mayor Furlong: Alright. Is that resolution in here as well? Greg Sticha: Yes it is. Mayor Furlong: Thank you. Any questions or discussion on this? Otherwise is there a motion to adopt the resolution? 33 Chanhassen City Council – October 22, 2012 Councilman McDonald: Yeah, I’ll make a motion that we adopt the resolution certifying delinquent code enforcement accounts to the County Auditor. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Thank you. Motion’s been made and seconded regarding adoption of delinquent code enforcement accounts to the County Auditor. Is there any discussion? Hearing none we’ll proceed with the vote. Resolution #2012-59: Councilman McDonald moved, Councilman Laufenburger seconded to adopt the resolution certifying delinquent code enforcement accounts to the County Auditor.All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST TO APPEAL AN ADMINISTRATIVE DECISION AND TO REPLACE SOME NON-CONFORMING USES WITH OTHERS ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF); TRACT C, RLS 105 AND OUTLOTS C & D, CURRY ND FARMS 2 ADDITION; 6400 BRETTON WAY; APPLICANT/OWNER: NAOMI CARLSON. Kate Aanenson: Thank you Mayor, members of the City Council. As you stated this is actually two requests. This issue came about because we did receive a complaint on the subject site and asked, told the owner of the property that that use was not permitted and they must vacate. Anybody aggrieved of an administrative decision has the right to appeal, which the owner of the property did. As a part of that too, as they came forward to the City Council you also have the ability to look at those uses that are there so we thought this would be the appropriate time to look at the other uses that are there and so with that Mrs. Carlson is appealing that interpretation as it went to the Planning Commission. They did reaffirm the staff’s position that it was not a compliant use and additionally then we would ask that the council review those other uses and I’ll go through those in a little more detail. This was a public hearing. Kind of a lot of other side issues there so I think the appropriate thing here we want to make sure that we’re focusing on the two issues that are before you today and that’s the use and then what should be the interpretation for the rest of the uses. So with that the subject site on Bretton Way is just, just west of Powers Boulevard. Bretton Way. Old barn on the property that’s been there for a number of years. Subject site here. There’s a private drive that comes back here. The public street with the cul- de-sac and exiting home on the, that accesses this private drive here. So the regulation is any non-conformity, including the lawful use of land or premises at the time of the adoption cannot, can only be continued but can’t be intensified so it’s the staff’s interpretation when we did receive the complaint that the lawn mowing business that was on the site with the outdoor storage, there’s a lot of pictures in your staff report of, that were taken. I didn’t put those up here for the illustrations but clearly the Planning Commission and the staff felt that we believed it was an expansion so we did recommend, as did the Planning Commission, that they must discontinue the use of that lawn care business. Had a lot of outdoor storage and as you’re aware, you know lawn care business is one of the main concerns. The neighbors were concerned too with the amount of trips, the outdoor storage, the conflicting with people at the bus stop and the like. So 34 Chanhassen City Council – October 22, 2012 as we went through the uses of itself, the applicant Mrs. Carlson did send us kind of some of the previous uses that had been on this site over time so we’ve got that documentation. There’s some additional things that came in at the end of the week after the packet. Right before the packet went out so we attached those at the end. They weren’t identified in your attachment schedule but they are on the back some additional petitions from the neighbors and some additional drawings but Mrs. Carlson again, in 1987 the building contained two woodworking businesses, Precision Finishes and motorcycle repair business and on the face of that it would seem to be a conflict but the way those are being used, there’s no outdoor activity associated with those or storage and I think that’s where the conflict arose when you had a number of employees coming to the site and things being stored. Kind of assembling. Getting ready for the day and the trips coming in and out. So in 1995 the structure contained the Ramsey Woodworking and then the Precision Finishing. Again the small painting and then the motorcycle repair. Again trying to document, because we don’t have a business license, documenting the history of what’s been there over time. So the applicant again is repealing that the landscaping business is a continuation of the other uses that were in the property, machining and manufacturing, or contracting business. In her opinion that she felt that it’s compatible with some of the other, it is not an intensification of the previous use. So you can see here the outdoor storage of the landscaping business. Mayor Furlong: When was that picture taken, do we know? Kate Aanenson: September. Mayor Furlong: September, 2012? Kate Aanenson: I can look on this. There’s probably dates on there. So for the decision on the Boards of Adjustment and Appeals it’s, the interpretation was the following. That it’s illegal intensification and it was not in existence at the time it became a non-conforming use. It’s created additional impacts on surrounding properties. The commercial vehicles being parked on the lawns or trailers stored out overnight. Did not have vehicles being driven away in the morning and night. These other businesses didn’t so that’s why we separated the difference between these and the existing ones there and they were not, the businesses that operated within the building itself. So with that we’re recommending, I’ve separated these two motions. We’ll address the other uses in a minute. So this would be the recommendation that we would put forward to you that you affirm what the Board of Appeals and Adjustments did as well as the staff and adopt the Findings of Fact. So with that I’d be happy to answer any questions on that first one. Mayor Furlong: Okay. Let’s start with questions here. And this is just relating to the use… Kate Aanenson: I can go through the next one. I don’t know which, maybe the City Attorney may want to weigh in. If you want to try to take them both at the same time or separate the two. Mayor Furlong: I guess I’d like, and defer to the council, I’d like to hear from the applicant rather than having them come up twice. Maybe just work in… 35 Chanhassen City Council – October 22, 2012 Kate Aanenson: Sure. Sure, we can go to the next one too so that would be that one specific use. Mayor Furlong: Yeah. Kate Aanenson: But then again the City Council has the authority to approve uses in there so we wanted to get a weigh in on what was in the building and have that documentation as we move forward so the applicant or change in use request requests that the K2 Electric Service warehouse, Lake Country Builders warehouse. Again the customer storage and the restoration artists remain in the former non-conforming uses so we documented in here, there’s documentation of how long those businesses have been in here and that we believe that you know the intensity is less than the other ones so if you approve then the non-conforming use may be changed to another non-conforming use and this is what’s spelled out in the non-conforming section. As long as it’s less intense and it’s in the public interest and in all the instances the applicant has a burden of proof regarding the intensity. So looking at how those businesses are being used, they’re a lot different. If you were to look at a repair business of electrical you could have quite a few trips coming and going. The way we document it when we put the level of service on it’s just their one vehicle and the like. So with that we would recommend that you approve those non-conforming uses and those be the documented uses and we’d document how many vehicles there and the level of use. But if you chose not to do that and eliminate those then we would recommend that we come back with Findings of Fact to the other, if you chose not to support those uses. Mayor Furlong: Ms. Aanenson for clarification, was this issue put before the Planning Commission? Kate Aanenson: No because the Planning Commission doesn’t have that jurisdiction review. That would just be your’s. Mayor Furlong: Okay. And that actually came up as a part of the Planning Commission…? Kate Aanenson: Well what we wanted to do, as long as the neighbors were concerned about the whole thing, we’ve got all the documentation in front of us and kind of the one issue does roll into the other. We felt that it would be appropriate to address both issues tonight and so moving forward the applicant would then know what they could or couldn’t pursue getting a tenant. Mayor Furlong: Okay. Questions for staff at this point and then we certainly will hear from the applicant as well? Councilman McDonald: I’ve got a question. Mayor Furlong: Councilman McDonald. Councilman McDonald: To the larger picture, the overhead that shows the entrances and in and out. Yeah, I think that one. Okay, is the problem because they’re using the cul-de-sac there to, is that where the trips are generating the problem? 36 Chanhassen City Council – October 22, 2012 Mayor Furlong: Go in to the closer view if you could please. Thank you. Kate Aanenson: Well part of it is the fact that you have a lot more trips are associated with the residential zoning district and any time you have a number of trips being generated of a commercial business in a residential neighborhood where you’ve got kids at a bus stop. Additional trips. People that don’t live in the neighborhood and coming there to get to a business in and out, it does provide conflict. And again the contractor’s yard is one of the number one complaints we have regarding blockage of driveways. Again just conflicting noise. Hours of operation. If they’re in early. Coming in late. Those are the problems that they conflict with the neighborhood. Councilman McDonald: Well I guess what I’m looking at is it looks as though there’s another entrance in and out of the property. Kate Aanenson: There’s a private drive to the north. It’s not a public street. Councilman McDonald: Right. Okay but is that the Mrs. Carlson’s drive? Could she use that for the property? Kate Aanenson: I think that would also be a conflict for some of the neighbors here because it’s very narrow. Mayor Furlong: What’s the topography there between the private drive and the street? Kate Aanenson: It drops down. Yeah. Councilman Laufenburger: Could you put your carrot on the high point? The high point is near the bottom, or is the high point near the top? Kate Aanenson: Towards the top. Councilman Laufenburger: Okay. Kate Aanenson: Some of the people that were complaining are in this address. I’m not sure that that would, what they’re looking at would solve their problem. As the people on Bretton Way. Councilman McDonald: Okay which property does she own? Is it just that. Kate Aanenson: This piece, Mrs. Carlson. This piece and this piece. And this piece. Councilman McDonald: Okay. So actually the private drive belongs to someone else then? Kate Aanenson: She also owns access to the private drive. She has properties in the area. Yeah. 37 Chanhassen City Council – October 22, 2012 Councilman McDonald: And then what’s the road that the private drive goes into? The, well north/south road. Kate Aanenson: This drive? Councilman McDonald: Yeah. Mayor Furlong: Teton I think. Is it not? Kate Aanenson: Is that Teton? Councilman McDonald: Okay, yeah. That helps. Kate Aanenson: Yeah Teton, yep. So you’re internal in the middle of a residential neighborhood. Mayor Furlong: The main road there going north/south is Powers Boulevard, is that correct? Kate Aanenson: Right. As a general rule we have commercial businesses on minor collectors as opposed to a local street. Not in the middle of a, in a neighborhood. So you’ve got to try to find those compatible. Councilman Laufenburger: Were the resident, excuse me Mr. Mayor. Kate, were the, which building was there first? The, Mrs. Carlson’s buildings or the buildings around there? Do you know? Kate Aanenson: Mrs. Carlson’s buildings. I’m not sure this house may be around the same time. Some of these are older houses. Then you have Bretton Way, the new, that subdivision. All that is newer. Councilman Laufenburger: So those buildings that we see on the bottom of this picture, they are newer than the, then Mrs. Carlson’s buildings? Kate Aanenson: Correct. Councilman Laufenburger: Okay. What’s the total acreage that Mrs. Carlson has there, do you know? I bet Mrs. Carlson knows. Kate Aanenson: Yeah, I would say. Councilman Laufenburger: You can, we’ll hold on that question. Kate Aanenson: I’m not sure. Councilman Laufenburger: I’ll withdraw that question for the time being Kate. Thank you Mr. Mayor. 38 Chanhassen City Council – October 22, 2012 Mayor Furlong: Alright, any other questions at this point? Councilwoman Tjornhom: I have one question. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: We’re talking about non-conforming. Give me some examples of what would be conforming. Kate Aanenson: Well the. originally it was apartments. That’s what it started off as and then it moved to people didn’t rent the apartments and then they became kind of subletted into other types of uses so. We did give you, well we did give you that list what we thought would be, that’s who she’s got in there right now that we said would be compatible. Oops. That would be these uses. The K2. These right here. The Custom Charters boat storage. Kind of storage. Things that aren’t generating that number of trips. Councilwoman Tjornhom: So it could still be used for commercial purposes? Kate Aanenson: Well I guess it’s the interpretation, that’s where we’re saying of how many trips are being generated. Right. Indoor activities. Correct. Mayor Furlong: But in terms of the history, you say originally it was apartments. When did the, well I guess the question is, at some point the City Council approved the uses that were non- residential in nature, correct? Kate Aanenson: I’m not sure they did. I think they just evolved because we don’t have a business license. They became non-conforming. Mayor Furlong: Okay. I thought there was some reference in the report to ’95. That in 1995 that there was some action by the City. Kate Aanenson: No those were just, right. Over time there’s been records of remodeling. Those sort of things. We do not have a business license requirement so unless someone notifies us that there’s a business in there, we don’t always know. Mayor Furlong: Okay. Kate Aanenson: And that would go anywhere in the City. Mayor Furlong: So it just says a list of tenants was provided in 1995. Kate Aanenson: That’s correct. Mayor Furlong: That was documented. 39 Chanhassen City Council – October 22, 2012 Kate Aanenson: Correct. Mayor Furlong: And that the property at that time was considered a legal non-conforming? Kate Aanenson: Correct. Mayor Furlong: Okay. Roger Knutson: Mayor? Mayor Furlong: Yes. Roger Knutson: Just to clarify one thing. Mayor Furlong: Thank you. Roger Knutson: About what is a conforming use. This property is zoned single family residential district so all these are, none of them are conforming. The question is are they legally non-conforming. Mayor Furlong: Okay. Roger Knutson: And are you, and then the second question is are you going to allow substitution but none of them are conforming to the current zoning ordinance. Councilman Laufenburger: But Mr. Knutson the question that this council is to decide is, is that non-conformance a problem and are we going to not allow it making them illegally non- conforming or are we going to allow them meaning they are legally non-conforming. Roger Knutson: Right. The bigger issue is are you going to allow substitution of one legally non-conforming use for another non-conforming use. That’s within your discretion. Kate Aanenson: If I may, that’s actually two questions. The first one is, we believe there was a significant intensification of that non-conformity. The other one is we’re trying to state what we believe was non-conforming and then we have that list there and you have the authority to substitute as you just stated. Non-conformity for non-conformity. But because it is residential we wanted to make sure that that level stays at kind of how it’s been operating over the years. Mayor Furlong: Question Mr. Knutson or Ms. Aanenson. If the council took the action of disallowing any substitution then would that imply that that what was legal non-conforming in ’95, unless there is, if there’s no substitution in terms of tenants in this case since they’re renters, that no tenants other than, no non-conforming tenants would be allowed to be substituted? Is that the effect of that decision? 40 Chanhassen City Council – October 22, 2012 Roger Knutson: That would be the effect but you would, under the ordinance, the question for you was, are the, the substitute non-conforming uses, do they create issues, greater issues than what was legally non-conforming. Mayor Furlong: Okay. Roger Knutson: If it doesn’t create any greater issues it’s the same issues then you would allow it but if you, if they’re intensifying the uses or creating other undesirable aspects because of the new use then you would say no. Before you tonight we only have, staff has there’s two. One, denying the one use and one approving the rest of them and if you wanted to deny all the current uses then we’d have to bring back findings at your next meeting for denial of that. Mayor Furlong: And the effect of approving the other uses and we’ll keep the Greenscape separate for the discussion at the moment. The effect of approving those other uses then would be in effect allowing substitution of a same or a lesser intensity. Roger Knutson: Yes. Mayor Furlong: Renter or tenant. Roger Knutson: Yes. Mayor Furlong: Use. Thank you. Councilman McDonald: If I could then what I guess I’m confused about, if we go back to 1985 it sounds like this was never non-conforming. What’s our baseline? In order to judge that this against. Because it sounds like even back then it should have been residential. Is that correct in ’85? Kate Aanenson: It’s zoned residential. Yeah. Mayor Furlong: Do we know when the zoning became residential? Was it, let me ask this question. Was the residential zoning prior to 1995? Kate Aanenson: Sure, yes. Mayor Furlong: Yes? Kate Aanenson: Yes. Mayor Furlong: Okay. So one way to look at your question Mr. McDonald, which is a valid one is, you know either at the time of rezoning or at least the stake that was put in the ground in 1995 where the uses were identified at that point. Councilman McDonald: Right. 41 Chanhassen City Council – October 22, 2012 Mayor Furlong: Would be two options. Councilman McDonald: Right, because if we’re going to look at intensification I guess I would ask the question intensification of what? Mayor Furlong: From what. Councilman McDonald: Yeah, from what. Mayor Furlong: And at least we have a date in ’95 which was, is one that we could look at or the date of the rezoning occurred when it became residential and these uses were. Roger Knutson: I think the, ’95 is a baseline because we don’t have any other baseline prior to that to know when it starts so we either said, we know that’s what was there in ’95 and we know it was non-conforming in ’95 so we’ll use that as the baseline. It might not be the correct baseline in the sense that whenever this started what was there, was it legal. I don’t have the answer to that anyway. Councilman McDonald: Right but at least at that point we know what was there so that’s establishes the baseline. Now we have something to judge whether they’ve intensified their non- conforming uses. Kate Aanenson: If I may on page, page 2 of your staff report in the background it gives the history of the timeline so in 1986 it was zoned residential single family and the first, then in 1987 it contains the two woodworking business and the Precision Motorcycle which we’re still saying would recommend so those are, those are carrying through through the entire time. So then you go to 2001, you know 2009, those are the documentations that are in there. If you can find that, that was on the original staff report that went to the Planning Commission. Councilman Laufenburger: Planning Commission? Kate Aanenson: Planning Commission, that’s correct. Mayor Furlong: Has anybody found that page in our packets? Councilman Laufenburger: I’ll get to it real quick. Kate Aanenson: It’s way towards the back. It’s behind the Minutes. The additional attachments to it. Yeah. Todd Gerhardt: Mr. Mayor, as you identify intensify you don’t look at the tenants, you look at the use and so the uses have changed be it, you want to bring the list back up there Kate. Kate Aanenson: I’m not sure where. This one? 42 Chanhassen City Council – October 22, 2012 Todd Gerhardt: Where you had builders. Restoration. So intensifying would be any type of use that would create more traffic. More employees than the uses identified. Councilman McDonald: And what do we know about those businesses, especially the woodworking because that’s, that could be an intense business but I don’t know. What do we know about it? Kate Aanenson: Well what we do know is that we haven’t received complaints to date on that business regarding trip generation, noise, outdoor noise, that sort of thing. The other one, the use that we’re addressing tonight, the landscaping business there was complaints regarding noise and trip generation. Councilman McDonald: Well let me ask you this because within the documents here Mrs. Carlson says that a lot of that was because that landscaping business was moving in and that’s what caused the problem. Have you gone back after they’ve moved in and are they still a problem as far as traffic and you know is everything as it was with the initial complaint? Kate Aanenson: It’s our opinion that it’s an intensification and we believe it meets that criteria and I think the neighbors would say the same. Councilman McDonald: Okay. Mayor Furlong: Okay. It looks like, if I’m reading the staff report correctly that in ’86 the property was zoned single family residential. In ’87 contained 2 woodworking businesses, Precision Finishes and a motorcycle repair and it looks like for all intensive purposes they had the same use in ’95. Kate Aanenson: Correct, thank you. I couldn’t find, we put all the additional comments in the front of that and I couldn’t find that staff report yeah but that was the history of that. Mayor Furlong: Alright, anybody that was listening to the questions that doesn’t have access to the report. Alright. Any other questions at this time for staff? Otherwise let me invite the applicant, Mrs. Carlson or her representatives to come forward and address the council if you’d prefer. Naomi Carlson: Good evening, my name is Naomi Carlson. Mayor Furlong: Good evening. Naomi Carlson: My address is 5955 Cathcart Drive, Excelsior, Minnesota. Mayor Furlong: Thank you. Naomi Carlson: Do you want to ask me questions or shall I go? 43 Chanhassen City Council – October 22, 2012 Mayor Furlong: Well why don’t you, if there are some comments you’d like to make to the council as a part of your appeal, please do that. Again what we’re looking at are the uses. Naomi Carlson: Well yes, okay. Okay, I’ll start with the one thing. I don’t know where the apartment thing came from but it was built in the late 40’s, maybe 50. 1950 but I think, we think late 40’s. Mayor Furlong: Okay. Naomi Carlson: As a manufacturing business. It was called Precision Manufacturing Company and also out there at that time a little later was Pat Jensen’s horse stables and it was never an apartment. It was always manufacturing. Mayor Furlong: Alright, thank you for clarifying. Naomi Carlson: Mr. McMann, the owner had several patents and they made parts for Honeywell and other people and at the time that they were, just before we bought it and he had kind of, he had gone into bad health and was selling off properties and wanted to sell the business. He had, we never asked, my husband at the time may have asked him how many employees they had but they had enough that they had a kitchen where they served meals to them and in fact while all the equipment was still there when we bought the place. You know we could have gone in and made a meal so it was before it, before Curry Farms was established by Centex it was, it had been a going concern and built for that particular reason. Mayor Furlong: Okay, thank you for clarifying that. Naomi Carlson: Okay. And I feel that Greenscapes never had a fair chance. I knew that the neighbors up to the north would be calling Bob, the City so I called Bob Generous that morning and said to him there’ll be unusual activity, more activity for 2-3 days this week while Greenscapes is moving in and that very afternoon. He said thank you for calling. That very afternoon then he called me back and said it’s an intensification of use and they have to leave and I felt that was highly unfair. They didn’t even call a meeting with the 3 partners and myself and the city administrators to say let’s talk about this. What’s going to happen here because I was so confident that they would work out that I, like I say called Bob Generous myself and I would just ask that you give my testimony and all my words the same credibility that you give to the Story’s who are my neighbors and so that’s another, that’s a story of the Story’s but so I, we hadn’t even had a chance. Greenscapes and I to work out the parking and they would only have 2 trailers and 2 trucks there overnight and they’re taking the space of 3 former tenants so if you had 3 other tenants in there and 2 cars, if there were 2 employees or 1 employee or whatever coming and going it’s the same, it’s not an intensity. It’s just a different type and I would like to read the City’s definition of contractor’s yard which is, that’s what they, when Bob called me back and said it’s a contractor’s yard. Contractor’s yard is used by building, excavation, roadway construction and I’m going to skip this one for a second and similar contractors. And then they’ve got landscaping. They, Greenscapes is not a landscaper. They don’t have the, they go out and mow lawns and in the summertime they, or excuse me in the wintertime they, the 3 partners snowplow from their homes and they all live probably 30-35 miles apart and they’re not 44 Chanhassen City Council – October 22, 2012 going to get up at 3:00 in the morning and come over to there. They’ll have their trucks at home and they plow from their homes so there’ll be hardly any, anybody coming and going there in the wintertime. Maybe occasionally one of the partners might come to fix something or you know do something but they, they’d run the business from their home, the 3 partners and there’s no other employees that snowplow. So I feel like we didn’t have a fair chance to talk about parking. Where they were going to park. Rearrange and screen with nice vegetation. Where they would be parking so it just, within a matter of a few hours we got the word they have to go so of course I appealed it so I am asking that maybe, oh this is what I would like to have. If you could, within 5 years I’m going to be making some major life changes and, and so by the end of the fifth year most likely, maybe even sooner I probably won’t own the building. And well incidentally people have said to me well how come you haven’t gotten a hold of a developer. Well a developer hasn’t contacted me, not even when Story’s property and the adjoining Natole property were for sale, if a developer wanted to develop all that property that would have been a perfect time to have approached me. I don’t know whether he approached Natole’s or Story’s or not. Anyway so I would be making some major changes within 5 years and I would like to ask that you give Greenscapes a chance for 3 to 5 years. 3 years is about the least that it would be worthwhile for them to move in and do the fix up that they want to do and help me to do some work there. They’re willing to use their manpower to help me, and I will supply materials and I really appreciate that and it would I think make the neighbors very happy and incidentally on the picture that you had up there, that road up on the hill there. It belongs to my property. The easement has on the Story’s and Rob Rabe have easements back to there. To the back of my property. 14 foot easement and I really think that’s where it all started. Mr. Story wasn’t allowed to use my easement to develop his property into 4 lots and so it’s like been downhill ever since between us so. Mayor Furlong: So again, excuse me Mrs. Carlson. The issue before us tonight are uses. The property uses or the tenant uses for the property so. Naomi Carlson: Right. Mayor Furlong: So your request is to allow it to continue as it is now for 3 to 5 years? Naomi Carlson: Yes, yes and the Greenscapes is so, so willing to work with anybody to keep peace and make the place look really nice and a couple of those cars that are in the parking lot, they belong to the 2 tenants in the back so, and nobody can really see and when they talked about blocking driveways, nobody was blocking any driveway except maybe when they were moving in that day and that’s my driveway. That’s their driveway. It’s not a public road that they would be even blocking and that’s what is being circulated so yes, for between 3 and 5 years would be a good time and if you’re not happy and the neighbors aren’t happy we will do our very best to satisfy everybody. Mayor Furlong: Any questions for Mrs. Carlson? Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes, Mr. Laufenburger. 45 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Mrs. Carlson, how big is your property? How many acres? Naomi Carlson: It’s about an acre and a half. Councilman Laufenburger: Okay. And when did you acquire the property? Naomi Carlson: 1983. Councilman Laufenburger: ’83. And at that time, is your residence, on the screen, is your residence the building on the left? Is that correct? Naomi Carlson: No. I live in Shorewood actually. Councilman Laufenburger: Okay, Cathcart. Is that a residence or is that part of the? Naomi Carlson: Over the top, the portion of the top there’s a residence. Councilman Laufenburger: That building right. Naomi Carlson: One bedroom cottage I call it and 4 garages. I rent those out. Councilman Laufenburger: Okay. So 2 separate buildings. The one building has work space underneath with a residence on top. Is it currently occupied by renters? Naomi Carlson: Yes. Councilman Laufenburger: Okay. And then the longer building is the four, which you say are the garages or the work spaces, is that correct? Naomi Carlson: Garages are up by, under the, with the cottage. It extends out. The cottage is above a garage and laundry room and they are 4 garages along side it. Councilman Laufenburger: Okay. The long building, which looks like it could be a long bowling alley, that’s actually 4 separate. Mayor Furlong: Units. Councilman Laufenburger: Units. Naomi Carlson: Yes. It was all one when we bought it and never did even separate out the electricity’s, you know the utilities. Just kind of figured out how much per space each person would have and I couldn’t really afford to separate out utilities into 4 different spaces so, yes. Councilman Laufenburger: Okay. Alright. And you said that the Greenscapes is occupying, or is intending to occupy 3 of those 4 units, is that correct? 46 Chanhassen City Council – October 22, 2012 Naomi Carlson: Up above, yes. On the back side. Mayor Furlong: On which building of the two? Naomi Carlson: The long building. I call it the factory building. Councilman Laufenburger: You call that the back building. Mayor Furlong: Because that’s a two story building. Naomi Carlson: Well, excuse me. Excuse me. There are two, there’s 2 driveways. There’s the one down by the cul-de-sac that you can go into the first level. Lower level and, or you can go along side the building or go in that first driveway north, south, east, west. West. West. West of the factory and go in that way and you can’t see it but there’s a driveway behind that building. Mayor Furlong: It’s a two story building on the… Naomi Carlson: Yes. With both of them having ground level access. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: So that’s the back. Councilman Laufenburger: This is looking at the building from your private, from the private drive. Naomi Carlson: Yes. Councilman Laufenburger: From the north. Looking in a southerly direction. Okay. So one more thing. This is a peaked roof. Is there a wall down the middle of that building so that there are units on both sides of the peaked roof or does the unit go all the way through? Naomi Carlson: No it’s only, it’s only inside 15 1/2 feet wide so. Councilman Laufenburger: Okay. So each unit occupies the full width of that. Naomi Carlson: Yes. Councilman Laufenburger: Got you. Thank you. Mayor Furlong: Any other questions for Mrs. Carlson? While you’re here, Ms. Aanenson and Mr. Knutson, Mrs. Carlson’s request of allowing this use for 3 to 5 years. Does that create property rights that would be available to a buyer of the building at that time as well? Or have the potential for doing that. 47 Chanhassen City Council – October 22, 2012 Roger Knutson: It doesn’t, you really would need a written agreement rather than just a resolution to do that because the ordinance doesn’t have that kind of option in it. It’s before you and the ordinance now says will you allow the substitution or will you not and you can allow it if it doesn’t intensify the use or create other bad characteristics than were already there. Mayor Furlong: So there isn’t the ability to allow it for a period of time. If it’s allowed tonight. Roger Knutson: It’s allowed. Mayor Furlong: And if it’s allowed on into perpetuity. Kate Aanenson: Right. Roger Knutson: Yes. Kate Aanenson: If I may Mayor, that was one of the staff’s concerns was some of the unintended consequences of trying to be you know proactive or say you know that it wouldn’t matter for the short term but if you’re going to sell it those become the now the legal uses in the site and those are the ones we know are harder to get out because there’s people want to be in these kind of places to maybe paying a different rate than somewhere else. Naomi Carlson: Could that be a conditional use permit or something because I know that those don’t go with the property do they? Kate Aanenson: This isn’t set up that way because it’s non-conforming. Roger Knutson: Mayor, the only other thing I can think of, if you, right now we’re operating under a timeline but if you for whatever reason thought it would be appropriate you could continue this matter for 3 months, 6 months if the property owner agreed to the continuance and then you could look at the facts then if you think maybe you’ll know more in a few months. I don’t know, I’m not putting, I don’t know that you would but if that’s how you felt. Mayor Furlong: Understand. The purpose of my question was trying to understand the request and the ramifications of the request is all so. Any other questions? Councilman McDonald: Well if I could on following up on what Mr. Knutson is asking. If I understand your correctly over the next 3, 4 months there really shouldn’t be any activity in there anyway because Greenscapes is done as far as cutting. Naomi Carlson: That’s right. Councilman McDonald: And now anything as far as plowing and those things will be done from a different location. Naomi Carlson: Yes. 48 Chanhassen City Council – October 22, 2012 Councilman McDonald: So really over the next 3 to 4 months there shouldn’t be any activity here. Naomi Carlson: That’s right. Kate Aanenson: I don’t want to be the skeptic but if someone has 3 months to make sure there’s no problems I think that could be accomplished and then what you know? Audience: They’ve already had 3 months. Kate Aanenson: So I would just be concerned about trying to administer that to say you know how’s, you know maybe the summer months are different. Mayor Furlong: There’s some challenges there. Kate Aanenson: There’s some challenges and I just some unintended things that we might not think, you know if they know for 3 months that you know they are on their best behavior then it comes back in and yeah. Naomi Carlson: Could I address that? Mayor Furlong: Any other questions? Naomi Carlson: Could I address that please? Mayor Furlong: Certainly. Naomi Carlson: That really wouldn’t make a lot of difference to Greenscapes because they need to know that they can be somewhere long term. They have a big quonset hut out near Glencoe I think they said that, please don’t deny it but if it should be denied you know there’s no need in them paying rent for the next 3 months or 4 months so because they have to have a space where they can count on being there for at least 3 years. Mayor Furlong: Okay, that’s good information to have. Very good, thank you. Any other questions for the applicant? Kate Aanenson: I just want to point out some, just some of these issues that arise. We’ve had some of these landscaping business, snowplowing business that want to be in town that you know kind of set up on the back of church parking lots and we get the calls from the neighbors who aren’t expecting it. 4:00 a.m. that people are mobilizing so we just have a history of this type of uses so that was our concern right out again. I’m not saying that Greenscapes is operating the same way and they might be all driving from their homes, it might be that way for a while but as the use is successful, and we certainly hope that they are, sometimes things that we don’t think would happen may happen and then that’s what we’re concerned about that type of use and. 49 Chanhassen City Council – October 22, 2012 Mayor Furlong: Okay, thank you. Mrs. Carlson I do have one question for you and maybe it’s an inconsistency Ms. Aanenson when you had your, of the other existing uses that I think were, th back up one. That one right there. In looking at your email Ms. Carlson of October 11 it included an Andrew Clark identified as having leased since 2011. Is he still there because I didn’t see him on this? Naomi Carlson: Yes, he’s still there. Mayor Furlong: Okay, so because the other ones, Restoration and Custom Charters, Lake th Country and K2 were all on your email from October 11. Naomi Carlson: Wasn’t Andrew on there? I thought he was. Mayor Furlong: Andrew was on your email and I just didn’t see him here. Naomi Carlson: Oh, okay. Mayor Furlong: And that might have just been an oversight so just wanted to confirm that all those are still there. Very good, thank you. Naomi Carlson: Is that it for me? Mayor Furlong: I think so unless anybody else has any other questions. Appreciate it. Naomi Carlson: Okay, thank you. Mayor Furlong: Thank you. Sara Harvey: May I come up? Mayor Furlong: Who are you? Sara Harvey: I’m Sara Harvey representing the Story’s. Mayor Furlong: Okay. Sure, just for public comment. Okay, that’s fine. Thank you. Especially, we do have just. Please come forward. Just to clarify we do have copies of the Planning Commission minutes, verbatim minutes so we have all those comments so really what we’d be interested in is anything new or that’s changed or different since the Planning Commission. Sara Harvey: Okay, absolutely. Before I start with my comments I just want to make a couple. Mayor Furlong: And then I’m going to, if you could state your name and address for the record for people. 50 Chanhassen City Council – October 22, 2012 Sara Harvey: Oh I’m sorry, Mr. Mayor, City Council, my name is Sara Harvey representing the Story’s at 6281 Teton Lane in Chanhassen and just to make a couple clarifications before I begin with my comments. So if you, you can see on this picture here. The private drive that was mentioned is an ingress/egress easement that was put in for the purpose of accessing this private residence here. When there was a comment made about coming in and potentially using that driveway to access the building, there’s actually a quite steep grade there that we’ve been told in the past is the same grade as what goes from our property to Powers Boulevard and is too steep to drive down. Here’s another showing the topography and the grade is about 30 to 35 so it would actually be a danger to drive from the private drive down to the building so I just wanted to clarify that. Mayor Furlong: Okay, thank you. Sara Harvey: In addition here’s, you have these pictures in your packet but right before we left Teton tonight there was 2 trucks parked behind there and just to clarify the plow trucks have also been parked there already. We had pictures of that in the packet and the use has not gone down from when they were moving in. They’re coming and going and some of the other neighbors will want to get up and speak to that but part of the concern is they’re coming and going out of this cul-de-sac. You can see in this picture here. They’re coming and going out of this cul-de- sac very close to where the children stand at the bus stop in the morning and there’s quite a lot of activity both in the front of the building and behind the building. Here’s another picture of the multiple trucks and vehicles parking on the grass. Not on the driveway behind the building. So we would respectfully request that the City Council affirm the Board of Appeals and Adjustment’s determination that Greenscapes Lawn Care is an intensification of the non- conforming use and must vacate the property. And in addition we would also ask that the council not approve the change in the non-conforming uses to allow the other, the other tenants to stay there as it’s not in the public interest so according to the City Code if approved by the City Council a non-conforming use may be changed to another non-conforming land use of less intensity if it is in the public interest and in all instances the applicant has the burden of proof regarding the relative intensities of uses so regardless of the intensity, from what I understand of that the non-conforming land use may only be changed if it’s in the public interest, which we don’t believe that it is. Part of that is due to the disrepair of the building and the traffic generated by the commercial use of the building regardless of the type. This is especially true given that the building’s in the middle of a residential neighborhood where a large number of school aged children reside. Somehow if it could be argued that allowing the tenants of Bretton Way to remain would be in the public interest the code also says that the land use must be changed to another non-conforming use of less intensity and the applicant has the burden of proof regarding the relative intensities of use so what I believe is, I don’t believe that the landowner has actually provided any proof that the new intensities are less. In addition Greenscapes Lawn Care is a significant intensification of the use of the property. There’s never been multiple vehicles, trucks, trailers, lawnscape equipment, land equipment parked in the driveway and behind the building. There’s been very smaller number of people that have rented the back doors in the building or driven on the back driveway. In addition the situation with Greenscapes actually th recently escalated to threatening behavior of the Story’s. On October 9. 51 Chanhassen City Council – October 22, 2012 Mayor Furlong: And what I need to do is we’re focusing on the uses here so if there are other extenuating circumstances that are civil or criminal in nature, that’s really not involved this evening, thank you. Sara Harvey: Okay. So because the purpose of this meeting has been expanded since the Planning Commission to include the approval or disapproval of other current tenants of the building we believe there are other relevant facts that should be brought to your attention. These are relating to public interest. Mayor Furlong: With regard to the uses? Sara Harvey: To the uses. Mayor Furlong: Thank you. Sara Harvey: And this being in the public interest. So the disrepair and structural integrity of the buildings on the property could pose a threat to public safety and may fall under the definition of hazardous building or hazardous property as defined in Minnesota Statute 41653 and the definition of a nuisance, Section 13, Article I of the Chanhassen City Code. So we believe that it is important the building owner be held accountable for the condition of the buildings and the multiple code violations as they pose a threat to the safety of the residents of the neighborhood and the tenants of the building so just to name some of the things in the pictures that are in here are the broken windows, the crumbling stairs, the questionable foundation, pest infestation, potential asbestos and/or lead contamination and an abandoned well house in disrepair. Because of the danger and disrepair of the building we’re concerned about the quality and safety of future tenants of the building, especially with the recent behavior of Greenscapes. This building and some of it’s tenants activities are a threat to the safety and quality of life for the residents in the neighborhood and we respectfully request that you take this under consideration in your decision. On one last note the city staff determined that a custom woodworking business would fall under the previously approved non-conforming uses of the building. I don’t dispute this point but I would like to request that the owner of the building be asked to prove that the tenant Andrew Clark is in fact a custom woodworking business as our observations have led us to believe otherwise. For example by producing a Schedule C or other business records as proof, so thank you for your time. Mayor Furlong: Alright, thank you. Any questions for Ms. Harvey? No, thank you. Sara Harvey: Thank you. Mayor Furlong: Ms. Aanenson, question with regard to the statements about the disrepair or the condition of the building. Is that an issue before us this evening or? Kate Aanenson: It’s not before you but we’re working on that separately. Mayor Furlong: Is that a staff issue? 52 Chanhassen City Council – October 22, 2012 Kate Aanenson: Yes, the building official has been working with Mrs. Carlson regarding some of those issues, correct. Mayor Furlong: Okay. Alright, thank you. Thank you. Again I don’t want to revisit the public hearing that happened at the Planning Commission. If there’s new information related to the appeal here that given tonight I’d certainly entertain public comment but not looking for a repeat of the Planning Commission public hearing because we do have, and the reason not is pretty simple. We’ve already looked at those comments and read those comments. We have verbatim minutes so is there anybody else that has new information? Mr. Zbinden, good evening. Please state your name and address for the record. Welcome. Marcus Zbinden: I’m Marcus Zbinden. I live at 6460 Bretton Way. Mayor Furlong: Thank you. Marcus Zbinden: And I just want a real quick comment. I wasn’t at the Planning Commission meeting. I’m not sure what was stated there but I just want to agree with what was just said and I’ll leave it at that. I do have some concerns that pretty much are identical with what was just stated here so that’s all I wanted to mention. Mayor Furlong: Okay, we appreciate that. Thank you. Anyone else with additional new comments? Great, thank you everyone. Let’s bring it to council for discussion, thoughts, comments. Really two issues before us as I hear it this evening and if there are more please correct me but one is the use by Greenscapes and the other is the use by the other tenants that have been identified in Ms. Carlson’s email and then with her, the information that she’s provided in terms of the nature of those tenants and their businesses. Thoughts and comments. Somebody start or I’ll start calling on people. Mr. McDonald. Councilman McDonald: Well okay. This is, well it’s rather difficult and yet at the same time it’s pretty clear cut. I guess the thing that I was looking for that I’m not sure I’ve seen is, if we look at a baseline as to intensification, I’m afraid the only baseline that I see is that I can only measure based upon traffic that would have been coming in and out of the property from the other businesses and I just don’t see that with the other businesses so what Greenscapes has done is definitely intensified the traffic. It may only be in the morning and the evening but again that’s when they collide the most with the residents because that’s when kids are going to school and that’s when people are coming home from work. I’m just missing from the applicant that that intensification has been there since either 1986 or 1995, whatever the baseline’s going to be and I just, I don’t see that part of it. I hate to tell her that you know you’re going to lose a tenant and therefore income and I’m not sure what position that puts you in as far as the rest of the property goes but right now from everything I can see and you know the questions that we’ve asked I just, I do see an intensification and it’s just because of the traffic. The issue of contractor’s yard, that’s just a term. Again what I’m looking at is the use of the property and the use on the property. Has that become more intensified to where now it becomes more of a burden to the surrounding area and at this point from what I can see the answer is yes it has. Mayor Furlong: Thank you. Other comments. Councilwoman Tjornhom. 53 Chanhassen City Council – October 22, 2012 Councilwoman Tjornhom: This is a very complex issue I think and it’s very emotional. I can feel it on both sides and so I’m going to proceed cautiously with what I’m saying but I agree with Councilman McDonald about the intensification of usage and that it is an intensification with Greenscapes. And the issue of the use of other tenants, I mean to me it’s pretty black and white that it’s a non-conforming use right now in a residential neighborhood and that’s a problem. I don’t think we’re going to solve that here tonight. I think the applicant needs more time to maybe work out some of those details and work with staff to figure out what her options are because I certainly would hate to take away someone’s income and so my suggestion would be to agree with city staff when it comes to the intensification of Greenscapes but then give the applicant time to work with staff to figure out a resolution to this situation to where the neighborhood and the owner can somehow be in harmony together with whatever, that use of that building is because right now it seems to me that it’s residential and it’s not a residential building and so it would have to be, go back to commercial and I think that’s something that we still need a little bit more time to iron out those details and see if that’s even something that’s workable. Mayor Furlong: Okay, thank you. Councilwoman Ernst, thoughts. Councilwoman Ernst: Before I make my comments, Kate can you tell me so in 1995 this, or is it 1985 when it was zoned as residential? Kate Aanenson: ’86. Councilwoman Ernst: ’86. And so if it was zoned as residential my question is, how did it become what it is today if it’s zoned residential? Kate Aanenson: Because it was, as she stated it was being used as a commercial precision machine shop so when she bought it that’s how it was being used and there was other tenants in there and so the level of those types of uses have changed over time and who’s in there and who’s out and that’s what we’re trying to document. Councilwoman Ernst: So does that in itself make it non-conforming? Kate Aanenson: Yes. Because it’s residential now. Yes. So just to, just non-conforming in general. The goal with non-conforming is at some time they cease to you know exist and something that’s correctly zoned works in that neighborhood so. Councilwoman Ernst: Well, and here’s what I’m struggling with with that. So I’m thinking you know if my husband decided to start rebuilding motorcycles in our garage, is that considered? Would that have to be. Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: What’s that? 54 Chanhassen City Council – October 22, 2012 Mayor Furlong: Strictly hypothetically. Councilwoman Ernst: Yeah, strictly hypothetically, yes. Let me make that clear. But does that mean then that it would have to be rezoned to make it commercial or would that still be residential? Kate Aanenson: No. I think we just saw that last time with some of those accessory structures that people have for, you know if you have outside employees. People have all kinds of hobbies that they do. Working on cars. You know woodworking. Pottery, those sort of things are all associated. I think the complexity I can see kind of where we’re having the divide in my thinking of trying to resolve this in one meeting, I think it may be more prudent to separate the two issues and one, address the intensification now and then give the staff some time to work with the applicant and try to you know go do a little bit more research on some of those uses. Maybe work with the neighborhood and find some reasonable approach if they were to come back and say are these consistent with what some of those non-conforming is and that’s kind of what I’m hearing some of the concern from the council. Councilwoman Ernst: Yeah. Kate Aanenson: And I think if that’s the way to go maybe just separate those out and we can come back at a later date as the City Attorney said and try to resolve some of those to find compatible uses with what would be consistent as we stated in the non-conformity. Councilwoman Ernst: Thank you because that was kind of where I was going to go with that. Kate Aanenson: Okay, I could tell. I think that’s the same thing that Bethany was thinking too in trying to resolve that issue. Councilwoman Ernst: Thank you. Mayor Furlong: Other comments, Mr. Laufenburger. Councilman Laufenburger: Kate, when the, when this area was zoned single family residential in 1986 it obviously was a zoning change. Correct? Kate Aanenson: Correct. Councilman Laufenburger: What was it before that? Kate Aanenson: I don’t know. It might have been agricultural at the time because that Curry Farms went in. There was some, I’m just trying to go back to that map that was. Councilman Laufenburger: There were some horse stables Mrs. Carlson said. Kate Aanenson: Yep. Yep, and they used it for a while there were some of those larger lots were used for that. There’s larger lots in this area. I think what happened at the time when it 55 Chanhassen City Council – October 22, 2012 went residential single family there was an assumption that some of those land, some of those larger lots would be assembled and subdivided and that didn’t happen. Could it still happen? I guess that’s kind of that challenge I think Mrs. Carlson is saying too. Maybe in the short term try to sell that property. When you have vested non-conformity it’s harder to get those uses to change because they don’t want to move somewhere else and that’s some of that level of complexity. You’re trying to find a reasonable use of the property. As we do with interim uses try to give a reasonable use to the property but ultimately when a higher and better use comes in it is economically feasible for those properties to move down the road so the challenge here is to find a way to make that work. Maybe just address the one issue now and then let the staff work and try to find some of those uses that would be consistent and bring that back for your consideration. I think the intent was that these properties, as they said, Mrs. Carlson, Natole’s, that some of these properties would be assembled and subdivided. Councilman Laufenburger: Yeah. I think my mind is thinking a little bit like Councilwoman Ernst. Here’s a property that prior to 1986 was operating, I’m going to use the term, it was okay. I don’t know if it was conforming or legal but it was okay operating as a precision machine shop or a series of shops and all the single family homes were developed around it. And here’s a property owner who wants to continue to operate the way it had been since perhaps as early as the 1950’s or 60’s. I would agree with Councilman McDonald and Councilwoman Tjornhom that Greenscapes is an intensification and I don’t think 3 months would change that. It’s going to be busy next season so I think it’s an intensification and that would be, I would support that decision. But the other property, the other uses that are outlined in the applicant’s email of th October 11, K2 Electric, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark. It would seem to me that we should work with the applicant to figure out how those, the uses, those uses that she has there are consistent in intensity with that which was in place in 1995, which I think is the baseline that we’re referring to. Is that the baseline? Yeah, when Mr. Kirchner went out there and did the inspection. Kate Aanenson: Yep. Councilman Laufenburger: And the issue of whether the building is safe or not safe, that’s not something for the City Council to deal with. Kate Aanenson: Correct. Councilman Laufenburger: I think the use is, I’d like to figure out how we could get those uses in line or agreeable. Kate Aanenson: Agreed, yep. Councilman Laufenburger: That’s my last comment. Thank you Mr. Mayor. Mayor Furlong: Thank you. I think the, I appreciate everyone’s comments and thoughts and we probably have a good path suggested by Councilwoman Tjornhom here for this evening. One comment I think we can take action tonight with regard to Greenscapes and I think in fairness to Ms. Carlson, I think in fairness to Greenscapes as a business in town and others we should take 56 Chanhassen City Council – October 22, 2012 action on that. I think it’s, from the information that’s been presented in the staff report and comments made at the Planning Commission and here tonight, I think it is an intensification of the use and therefore is causing a problem and really in a large fact is one of the reasons why we’re talking about it tonight because when I look back at the list of the other tenants in the building and the dates of their leases initiating, some go back as far as 2002. The most recent with Mr. Clark was in August of 2011 but it was August of 2012 with Greenscapes starting as a lease when this issue came before us and so to me that’s probably one sign, if nothing else that there was an intensification. I’m certainly comfortable and would encourage staff to work with the residents, work with Ms. Carlson to talk about some of the uses. The, and perhaps part of that information is just verifying the information that’s been presented tonight because when I look at the descriptions of the current tenants, which are warehouse uses and storage and workshops, and then compare it to the types of businesses, a precision machine shop, woodworking, which is very similar, and then motorcycle repair, on the surface it appears that there has been, that it is not intensified and in fact gone in the other direction and it’s less in terms of the types of uses but even with the warehouse or storage if there are multiple daily trips to access the goods that are needed just by warehouse by itself or storage by itself, it’s really the frequency with which people are coming and going and I think that’s where I’m hearing a lot of the issues and that’s traffic. Commercial traffic in a residential neighborhood so I’m comfortable giving some time to identify those but I think really that’s going to be the driving factor. What I would hesitate is anything so prescriptive that we have people counting cars coming and going because I don’t think that’s going to ultimately cause the benefit that we’re all looking for which is how can we take a non-conforming use that has been there before the houses were built and people moved in as homes and are looking for a residential neighborhood and somehow find a way to make two uses that are incompatible more compatible and try to work together so I don’t think we’re going to do that tonight. I agree. I think spending some time to do that since the issue has come forward makes sense but I do think it’s appropriate for the council to consider action on the first aspect which is consideration of the, whether or not the Greenscapes Lawn Care is an intensification. If so, would not be allowed. Is that fair from a staff’s standpoint? Kate Aanenson: Yeah, I’ve a couple questions for the City Attorney. Mayor Furlong: Certainly. Kate Aanenson: Since Mrs. Carlson, we did ask for an appeal or if you had an interpretation on the non-conforming uses, there’s a letter to that. I’m not sure we’re on a clock on that. And then secondly the Findings of Fact for the denial of the first did include some of the other uses in there so we may want to modify the Findings of Fact on that. Roger Knutson: Yes and yes. Kate Aanenson: Okay. Mayor Furlong: Is that something we want to do tonight or is that something. Kate Aanenson: Well we can just recommend that we come back with Findings of Fact for the next meeting. 57 Chanhassen City Council – October 22, 2012 Roger Knutson: We’ll bring back Findings of Fact for denial of the one item. Greenscapes Lawn Care at your next meeting. Mayor Furlong: And that’s the first paragraph of the proposed motion and then the second paragraph would tabling that? Kate Aanenson: That’s my question. Mayor Furlong: The appropriate action and is there a timeframe that that needs to be. Roger Knutson: On the first item there is a timeline so. Mayor Furlong: That’s relating with the Greenscapes and we can take care of that this evening. Roger Knutson: Right. You can take care of that this evening. Kate Aanenson: Yep. Roger Knutson: You can move, if you choose to, to deny the appeal to uphold the Board of Adjustment, the Planning Commission’s decision and then direct preparation of findings for your next meeting consistent with denial. Mayor Furlong: And then for the second item we could table that to a future meeting? Roger Knutson: You can table it, yes. Mayor Furlong: And are we working under a timeframe there that we need to bring that back? Roger Knutson: No. Mayor Furlong: Okay, so in a reasonable time period. Kate Aanenson: Yes. Certainly we’ll try to set up a neighborhood meeting. Mayor Furlong: Okay. Alright, thank you. Would somebody like to, if there’s no further discussion would somebody like to make an attempt at that? Kate Aanenson: Let’s see if I can find the right motion here. Whoops. Mayor Furlong: Let’s start with the first motion. Councilman McDonald: Sure, I’ll try. Mayor Furlong: And then this, what’s on the screen right now relates to the. 58 Chanhassen City Council – October 22, 2012 Kate Aanenson: Right. Mayor Furlong: Is consistent with the staff report? Kate Aanenson: Yeah, except for we want to take out adopt to say prepare the Findings of Fact. Mayor Furlong: And to make it, okay. And the Board of Appeals and Adjustments, just for clarification before we receive a motion, that only dealt with the Greenscapes Lawn Service. Kate Aanenson: That’s correct. Mayor Furlong: Or lawn care use. Kate Aanenson: That’s correct. Mayor Furlong: Thank you. Mr. McDonald, recognized for a motion. Councilman McDonald: Okay. I make the motion that the Chanhassen City Council affirms the Board of Appeals and Adjustments determination relating to Greenscapes and to provide the Findings of Fact and just the Findings of Fact. Mayor Furlong: Okay, let’s start with that as a single motion. Is that sufficient Mr. Knutson? Roger Knutson: That’s find. Just so we’re clear that’s, you’re directing staff to prepare Findings of Fact and bring them back to your next meeting. Councilman McDonald: And bring them back next meeting, yep. Mayor Furlong: Thank you. On this action is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on this motion? Hearing none let’s proceed with the vote. Councilman McDonald moved, Councilwoman Ernst seconded that the City Council affirms the Board of Appeals and Adjustment’s determination relating to Greenscapes Lawn Care and direct staff to prepare Findings of Fact to bring back at the next City Council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let’s go to a second motion now which would be a motion to table I think would be in order. Councilman McDonald: I make a motion that the Chanhassen City Council table, I’m losing my motion. That the City of Chanhassen tables a determination that K2 Electrical Services, Lake 59 Chanhassen City Council – October 22, 2012 County Builders, Custom Charters and Bemm Restoration are not uses in the public interest and that staff bring back to City Council findings so that we can make a determination in the future. Councilwoman Ernst: Second. Mayor Furlong: Thank you. Motion to table is generally not discussable but I would ask if there’s any questions on clarification to the motion. Councilman Laufenburger: Mr. Mayor. Mayor Furlong: Yes. th Councilman Laufenburger: In the applicant’s October 11 email the business Andrew Clark was mentioned but it’s not mentioned in this proposed motion. Mayor Furlong: Thank you. Councilman Laufenburger: Ms. Aanenson, can you clarify that for us? Kate Aanenson: Sure, I think our goal is to, from what I heard the council was to try to find some like minded uses. One, to get the level of intensity and try to find a like minded uses that would be acceptable to the council and to the neighborhood to consider as that kind of that list of uses of, that would be. Mayor Furlong: Like minded or less intensity. Kate Aanenson: Yes. Mayor Furlong: I think point of clarification though from Mr. Laufenburger which is appropriate. The staff, the motion that Mr. McDonald you read did not include. Councilman Laufenburger: Andrew Clark. Mayor Furlong: Andrew Clark which we confirmed with Ms. Carlson is still there so Mr. McDonald if you could just add that to, are you comfortable adding that to your motion? Councilman McDonald: …I accept that. Mayor Furlong: Yeah, and Councilwoman Ernst? Councilwoman Ernst: I will accept. Mayor Furlong: Thank you. Thank you for clarifying that. Any other points of clarification or questions? If not we’ll proceed with the vote on the motion to table that’s been seconded. 60 Chanhassen City Council – October 22, 2012 Councilman McDonald moved, Councilwoman Ernst seconded that the City Council tables a determination that K2 Electrical Services, Lake Country Builders, Custom Charters, Bemm Restoration and Andrew Clark are not uses in the public interest and direct staff to prepare Findings of Fact to make a determination in the future. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate it and please continue to work with city staff as you can. COUNCIL PRESENTATIONS. Mayor Furlong: Council presentations. Thank you everyone. Appreciate you coming. Council presentations this evening? Councilman McDonald: Well I guess the only thing I would bring up was that, as the fire department reported the open house did go quite well and it was a lovely day and the chili and the hotdogs were as good as ever. Mayor Furlong: Thank you. I would too respond, and this is in addition to the comments made about the Beyond the Yellow Ribbon proclamation that we passed earlier this evening. I made th mention there of the service members appreciation breakfast which is on November 10 by the group and I would, want to make sure that people realize that the public is invited to that and so if, as we look at getting the word out on the proclamation, whether through the paper or some other means, if they can make sure that there is, that people have access to attend that breakfast if they so desire. And again congratulations to the group and to all our service members and thank you. Other council presentations? If none, administrative presentations Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Mayor, City Council members just, and public, make you aware that when we established our regulation City Council agenda, or meeting times that we recognize Veteran’s thth Day on November 12 and moved our regulation council meeting to November 13, and that’s a Tuesday. The City Council at that time will also be canvassing election results at our 5:30 work session so you would convene as the Canvassing Board at that time so prior to our regular work th session you would canvas the election results and that’s on November 13 at 5:30. Mayor Furlong: Thank you. Todd Gerhardt: Also sent out a notice but just publicly wanted to recognize Karen Engelhardt, our office manager here for the City of Chanhassen. She just celebrated 40 years of service with the City of Chanhassen and she’s just done a fantastic job in managing this city basically. She’s been here since she was 18 years old and. Mayor Furlong: I thought it was 5. Todd Gerhardt: 6, yeah. 61 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Bad work on your part Todd. Councilwoman Ernst: When she was given another 40 years and she responded with but Vicki I’ll be 98 years old then. I said well are you up to it and she never responded. Todd Gerhardt: I’m sure she’s up to it and she’s just done a fantastic job and just wanted to recognize her service. Just done a fantastic job. She’s our go to person regarding almost everything, and especially the history. She grew up in Carver County and we got to hear some fun stories of her time working here with the city and she probably could write a book but she’s just done a unbelievable job and we’ve been fortunate to have her here these past 40 years so that’s two employees now. Dale Gregory with 40 years of service about this past June and now Karen so we’ve got some great employees there and they’ve stuck around so. I just wanted to say thank you to both of those. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? No? Thank you. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: If there’s nothing else to come before the council this evening in our regular meeting, we will be reconvening in work session to complete unfinished items immediately following this meeting, but if there’s nothing else to come before the meeting this evening is there a motion to adjourn? Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 62