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CC Packet 2013 11 12AGENDA CHANHASSEN CITY COUNCIL TUESDAY, NOVEMBER 12, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Update on Renewal of Franchise Agreement with Mediacom, Brian Grogan, Moss and Barnett mediacom.pdf Discuss Concurrent Detachment and Annexation of Land with the City of Victoria detachment annexation.pdf Update on TH 101 from TH 5 to Pleasant View Road highway 101 update.pdf Discuss Ordinance Amendment Concerning Licensing Massage Businesses massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE) PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report. Approval of City Council Minutes dated October 28, 2013 10 -28 -13 -cc -ws.pdf ,10 -28 -13 -cc -sum.pdf ,10 -28 -13 -cc.pdf Receive Park & Recreation Commission Minutes dated October 22, 2013 10 -22 -13 -prc -sum.pdf ,10 -22 -13 -prc.pdf Resolution Accepting $500 Donation from Community Bank Chanhassen for the Senior Center Holiday Party. sr center donation.pdf Approve Resolution to Clarify Wetland Conservation Act (WCA) Responsibilities for City Council and Staff wetland conservation act resolution.pdf Item Deleted: Approve Agreement with MnDOT for Right -of -Way Settlement in Conjunction with TH 5 Project. Resolution Approving Year End (12 -31 -12) General Fund Surplus Transfers fund transfers.pdf Resolution Approving Special Assessment Agreement between Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen; Approve Assessment Reapportionment. special assessment agreement.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. NEW BUSINESS Powers Pointe: Located at the Southwest Corner of Powers Boulevard and the Railroad Tracks, Outlot F. Chanhassen Lakes Business Park; Applicant: United Properties: Request for Preliminary and Final Plat Review of 16.94 Acres Zoned Industrial Office Park (IOP) and Site Plan Review for a 140,800 sq. ft. Office/Warehouse Building. powers pointe plat.pdf Consider Approval of Development Contract and Plans and Specifications for a Public Utility powers pointe development contract.pdf Approve Metropolitan Council Environmental (MCES) Sewer Connection and Maintenance Agreement powers pointe mces permit.pdf Resolution Approving Concurrent Detachment and Annexation of Land with the City of Victoria detachment annexation.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence packet.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M. 1. Documents: 2. Documents: 3. Documents: 4. Documents: B.7:00 P.M. C. D. E. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. 6. Documents: 7. Documents: F. G. 1. a. Documents: b. Documents: c. Documents: 2. Documents: H. I. J. Documents: K. AGENDA CHANHASSEN CITY COUNCIL TUESDAY, NOVEMBER 12, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Update on Renewal of Franchise Agreement with Mediacom, Brian Grogan, Moss and Barnett mediacom.pdf Discuss Concurrent Detachment and Annexation of Land with the City of Victoria detachment annexation.pdf Update on TH 101 from TH 5 to Pleasant View Road highway 101 update.pdf Discuss Ordinance Amendment Concerning Licensing Massage Businesses massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes dated October 28, 2013 10 -28 -13 -cc -ws.pdf ,10 -28 -13 -cc -sum.pdf ,10 -28 -13 -cc.pdf Receive Park & Recreation Commission Minutes dated October 22, 2013 10 -22 -13 -prc -sum.pdf ,10 -22 -13 -prc.pdf Resolution Accepting $500 Donation from Community Bank Chanhassen for the Senior Center Holiday Party. sr center donation.pdf Approve Resolution to Clarify Wetland Conservation Act (WCA) Responsibilities for City Council and Staff wetland conservation act resolution.pdf Item Deleted: Approve Agreement with MnDOT for Right -of -Way Settlement in Conjunction with TH 5 Project. Resolution Approving Year End (12 -31 -12) General Fund Surplus Transfers fund transfers.pdf Resolution Approving Special Assessment Agreement between Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen; Approve Assessment Reapportionment. special assessment agreement.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. NEW BUSINESS Powers Pointe: Located at the Southwest Corner of Powers Boulevard and the Railroad Tracks, Outlot F. Chanhassen Lakes Business Park; Applicant: United Properties: Request for Preliminary and Final Plat Review of 16.94 Acres Zoned Industrial Office Park (IOP) and Site Plan Review for a 140,800 sq. ft. Office/Warehouse Building. powers pointe plat.pdf Consider Approval of Development Contract and Plans and Specifications for a Public Utility powers pointe development contract.pdf Approve Metropolitan Council Environmental (MCES) Sewer Connection and Maintenance Agreement powers pointe mces permit.pdf Resolution Approving Concurrent Detachment and Annexation of Land with the City of Victoria detachment annexation.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence packet.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:4.Documents:B.7:00 P.M.C.D.E.1.Documents:2.Documents: 3. Documents: 4. Documents: 5. 6. Documents: 7. Documents: F. G. 1. a. Documents: b. Documents: c. Documents: 2. Documents: H. I. J. Documents: K. AGENDA CHANHASSEN CITY COUNCIL TUESDAY, NOVEMBER 12, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Update on Renewal of Franchise Agreement with Mediacom, Brian Grogan, Moss and Barnett mediacom.pdf Discuss Concurrent Detachment and Annexation of Land with the City of Victoria detachment annexation.pdf Update on TH 101 from TH 5 to Pleasant View Road highway 101 update.pdf Discuss Ordinance Amendment Concerning Licensing Massage Businesses massage therapy licensing.pdf REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (PLEDGE OF ALLEGIANCE)PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the City Council and will be considered under one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City Council action is based on staff's recommendation for each item. Refer to the council packet for each staff report.Approval of City Council Minutes dated October 28, 2013 10 -28 -13 -cc -ws.pdf ,10 -28 -13 -cc -sum.pdf ,10 -28 -13 -cc.pdf Receive Park & Recreation Commission Minutes dated October 22, 2013 10 -22 -13 -prc -sum.pdf ,10 -22 -13 -prc.pdf Resolution Accepting $500 Donation from Community Bank Chanhassen for the Senior Center Holiday Party.sr center donation.pdf Approve Resolution to Clarify Wetland Conservation Act (WCA) Responsibilities for City Council and Staff wetland conservation act resolution.pdf Item Deleted: Approve Agreement with MnDOT for Right -of -Way Settlement in Conjunction with TH 5 Project.Resolution Approving Year End (12 -31 -12) General Fund Surplus Transfers fund transfers.pdf Resolution Approving Special Assessment Agreement between Bloomberg Companies, New Chanhassen Holding Company, LLC and the City of Chanhassen; Approve Assessment Reapportionment.special assessment agreement.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda.NEW BUSINESS Powers Pointe: Located at the Southwest Corner of Powers Boulevard and the Railroad Tracks, Outlot F. Chanhassen Lakes Business Park; Applicant: United Properties:Request for Preliminary and Final Plat Review of 16.94 Acres Zoned Industrial Office Park (IOP) and Site Plan Review for a 140,800 sq. ft. Office/Warehouse Building.powers pointe plat.pdf Consider Approval of Development Contract and Plans and Specifications for a Public Utility powers pointe development contract.pdf Approve Metropolitan Council Environmental (MCES) Sewer Connection and Maintenance Agreement powers pointe mces permit.pdf Resolution Approving Concurrent Detachment and Annexation of Land with the City of Victoria detachment annexation.pdf COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET correspondence packet.pdf ADJOURNMENT GUIDE FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations . 1.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2.If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3.Limit your comments to 5 minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the council. 4.During Visitor Presentations, the council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion, or request. 5.Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Brindisi's Pub, 501 West 78th Street in Chanhassen immediately after the meeting for a purely social event. Members of the public are welcome. A.5:30 P.M.1.Documents:2.Documents:3.Documents:4.Documents:B.7:00 P.M.C.D.E.1.Documents:2.Documents:3.Documents:4.Documents:5.6.Documents:7.Documents:F.G.1.a.Documents:b.Documents:c.Documents:2.Documents: H. I. J. Documents: K. CHANHASSEN CITY COUNCIL WORK SESSION OCTOBER 28, 2013 Mayor Furlong called the work session to order at 5:30 p.m. 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, and Greg Sticha 2013 WATERCRAFT INSPECTION PROGRAM REPORT. Todd Hoffman reviewed highlights of the 2013 AIS report including the volunteer inspection program, funding sources, inspection hours, and recommendations for 2014. Councilwoman Ernst asked about the number of violations between 5:00 a.m. and 6:00 a.m. Councilman Laufenburger suggested continuing with inspections starting at 5:00 a.m. on weekends. Councilwoman Ernst asked about allocating more hours from Lake Ann and Lake Susan to Lotus Lake and if the DNR plans to contribute more to these type of projects in the future. Todd Gerhardt explained that it will be a challenge for government agencies to sustain current levels of contribution s but has no reason to believe they will back off at this point. Todd Hoffman recommended moving to cellular based inspections which will cost $8,085. Councilman McDonald and Mayor Furlong asked for clarification on the benefits of using cellular data and asked if there was a cheaper phone option. Councilman Laufenburger and Councilwoman Ernst asked if the apps are currently available and where they are being used elsewhere. Staff was asked to compile true costs for the cellular program which will be discussed further. Mayor Furlong asked about what type of data the DNR is looking for. Councilman Laufenburger asked how Chanhassen ’s inspection data compared with other communities and noted that reports indicate long term impacts of zebra mussels may not be as ominous as original ly thought . He asked if Jim Jabs ha d any insights on other areas of the country that have been dealing with zebra mussels, i.e. New York and Michigan. Councilwoman Tjornhom asked about the public ’s response to the inspection program . Todd Hoffman explained that most of the boating public was understanding and cooperative with no refusals. REVIEW SPECIAL REVIEW AND ENTERPRISE FUND BUDGETS. Greg Sticha reviewed the special revenue funds, explaining that 10% of the funds have been used to supplement the fire department training budget which can and do es fluctuate . Mayor Furlong asked since the funds fluctuate, when the money is spent. Greg Sticha explained that there is a fund balance available of about $40,000. Councilwoman Ernst asked for clarification on what these training funds can be used for. Councilman McDonald asked for clarification of the state statute requiring that 10% of funds be used for public safety training. Todd Gerhardt stated he would send a copy of the statute to council members. Mayor Furlong stated he would like to see spending match revenues and not see the fund balance exhausted noting the fire department needs to know that the current level of spending is not sustainable. Regarding the cable TV fund, Councilwoman Ernst asked for clarification that the franchise fees can be spen t however the council wants. Mayor Furlong explained that the C ity is working towards elimination of the PEG fee. Councilman Laufenburger asked about attorney fees for the franchise renewal. In discussing the water fund, Paul Oehme explained the affects of the drift aquifer on Well 11 not coming back and seasonal fluctuations conn ected with the Jordan aquifer. Mayor Furlong asked if the C ity has seen any changes in water treatment needs since the new water tower came online. Paul Oehme explained how Met Council charges for sewer flow. In regards to the surface water fund, Mayor Furlong suggested eliminating the budget number for connection fees because it has been inaccurate and City Council Work Session – October 28, 2013 2 volatile over the years. The work session was recessed at 6:55 p.m. It was reconvened after the regular council meeting. BEGIN DEVELOPMENT PLANNING FOR THE AREA SURROUNDING THE NEW RIVER CROSSING; DEVELOP A SHARED LAND USE VISION FOR COUNTY ROAD 61; AND UPDATE ON THE TH 101 RIVER CROSSING PROJECT. Kate Aanenson presented a power point presentation on the Highway 61 upgrades. Todd Gerhardt summarized the Highway 5 corridor plan. Councilman Laufenburger asked that a copy of that plan be sent to council members. Kate Aanenson and Paul Oehme discussed current uses for this area noting their goal would be to achieve the highest and best use for the property. Councilman McDonald asked about working with the EPA. Mayor Furlong asked about timing for this planning. Councilman Laufenburger asked about development potential using septic versus sewer. Todd Gerhardt explained that $90 million is being invested in infrastructure and the City ’s need to capitalize on that investment and have a vision before those improvements are completed. Councilman Laufenburger asked about development plans for Bluff Creek Golf Course. Kate Aanenson explained the need for land use plan, zoning and comprehensive plan changes and maybe the use of a development moratorium. Council members were in general agreement with giving staff the go ahead to begin the planning process for the area surrounding the new river crossing and County Road 61. Paul Oehme provided an update on Highway 101 improvements connected with the lower Y and bridge crossing project, noting that MnDOT has added more lighting along the bridge to improve safety but not on the trail section. He discussed interpretative sign age associated with the trail overlook area, and proposed entry monument associated with the roundabout. Council members preferred the second, more low key option to the entry monument. DISCUSS PROCESS FOR CITY MANAGER ’S PERFORMANCE EVALUATION. Mayor Furlong outlined the process in the packet and asked if council members were comfortable with the process and schedule. Councilwoman Tjornhom volunteered to collect and assimilate the evaluation forms. All council members expressed comfort with the details and schedule. SOUTHWEST TRANSITE UPDATE. Councilman McDonald explained the need for council comments at upcoming meetings with Southwest Transit Commission and Met Council regarding co-existence, and their position regarding the proposed alignment. He explained that the Governor wants the light rail to end at Mitchell Road which changes some of Southwest Transit ’s plans and ideas. From the City ’s standpoint Mayor Furlong explained the need for assurance of express bus service continuation to Eden Prairie, Chanhassen and Chaska, noting light rail will have multiple stops to downtown. Councilwoman Ernst expressed concern with Target Field being the only downtown destination, which does not get commuters where they need to go. Councilman Laufenburger explained he would like to see service continue to operate as an opt-out with local control over transit services. Councilman McDonald clarified that opt-outs are currently funded by Met Council where they used to be funded by property taxes. Mayor Furlong adjourned the work session meeting at 8:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Laurie Hokkanen and Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES OCTOBER 28, 2013 Mayor Furlong called the meeting to order at 7:00 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, Greg Sticha and Roger Knutson PUBLIC ANNOUNCEMENTS: INVITATION TO BEYOND THE YELLOW RIBBON BREAKFAST AT AMERICAN LEGION POST 580. Mayor Furlong read an invitation to the Beyond the Yellow Ribbon breakfast being held at the American Legion Post 580 on Saturday, November 9 th . CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager ’s recommendations: 1.Approval of City Council Minutes dated October 14, 2013. 2.Receive Planning Commission Minutes dated October 15, 2013. 3.Receive Park and Recreation Commission Minutes dated September 24, 2013. 4.Resolution #2013-49: 2013 Infiltration/Inflow (I/I) Repair Project: Accept Bids and Award Contract. 5.Resolution #2013-50: Lift Station #10 Improvements: Approve Quote for Pumps and Electrical Panel. 6.Approval of Temporary Liquor License Request, December 6, 2013, St. Hubert ’s Catholic Community. 7.Resolution #2013-51: Call for Sale, 2013A GO Bonds to Refinance 2009A GO Bonds. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Laurie Susla thanked the City and Todd Hoffman for overseeing the watercraft inspection program in 2013 and invited council members to attend a meeting with the watershed district at the American Legion on Tuesday evening at 5:00 p.m. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Chief John Wolff presented the monthly update on fire department calls for service numbers, fire prevention week and open house , vehicle fire, new recruits, and changes in leadership roles. Lieutenant Jeff Enevold with the Carver County Sheriff ’s Office was not present. Mayor Furlong asked that any q uestions on his written report be directed to the City Manager, Todd Gerhardt . City Council Summary – October 28, 2013 2 PUBLIC HEARING: CERTIFICATION OF DELINQUENT UTILITY AND CODE ENFORCEMENT BILLS. Greg Sticha presented the staff report on this item. Councilman Laufenburger asked about the reason for total numbers being down from previous years and the amount of bills that will be paid prior to being certified with the County. Mayor Furlong asked about other ways to collect these delinquent bills . Councilwoman Ernst asked about the percentage that are collected. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Resolution #2013-52: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts 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. Resolution #2013-53: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts 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. CONSENT AGENDA: (8). APPROVAL OF SETTLEMENT AGREEMENT FOR TREE REMOVAL ON CITY PROPERTY AT 6891 LOTUS TRAIL, PETER ROCHEFORD. Councilman Laufenburger asked for clarification if this agreement eliminates the individual from any future criminal charges associated with the destruction of public property. Councilman McDonald asked for background information on why the trees were cut down. Councilwoman Ernst asked if the individual knew he was cutting trees on city property. Councilman Laufenburger moved, Councilwoman Ernst seconded that the Chanhassen City Council approves the settlement agreement in the amount of $12,680 and release of claims for the removal of 17 trees from Carver Beach Park by Peter Rocheford. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilman Laufenburger asked for a construction update on the stairway connector from Highover to the Highway 41 trail. Mayor Furlong reminded viewers to vote for School District 112 ’s referendum on November 5 th . ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt discussed the Highway 101 gap flyer in the correspondence packet which highlights the need for improvements to Highway 101 south of Pioneer Drive down to Flying Cloud Drive. CORRESPONDENCE DISCUSSION. Mayor Furlong asked Mr. Oehme to clarify his letter to the Three Rivers Park District regarding a pedestrian overpass bridge. 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 at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2013 Mayor Furlong called the meeting to order at 7:00 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, Greg Sticha and Roger Knutson PUBLIC ANNOUNCEMENTS: INVITATION TO BEYOND THE YELLOW RIBBON BREAKFAST AT AMERICAN LEGION POST 580. Mayor Furlong: On behalf of the Chanhassen Beyond the Yellow Ribbon, we invite you to attend the 2 nd Annual Military Appreciation Breakfast on Saturday, November 9 th . With generous sponsorship by the Chanhassen American Legion Post 580, this free breakfast is open to anyone who has served, is serving or simpl y appreciates the service of others. The event begins at 9:00 a.m. with a buffet breakfast, with a program including remarks by special guests SSG Scott Adams and Lt. Col. Dan Sherred beginning at 9:30 a.m. RSVP is requested and required and can be done so by emailing the Beyond the Yellow Ribbon at btyr.chan@gmail.com or take a look at their website. Beyond the Yellow Ribbon website and you can get information there as well. There was a great turnout last year at the first breakfast and I hope that we see the same number or more here coming up on November 9 th this year. Move now to our consent agenda items. CONSENT AGENDA: Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: I ’d like to take item number 8 off the consent agenda for discussion please. Mayor Furlong: Thank you. We ’ll bring that in under new business. Councilman Laufenburger: That ’d be fine. Mayor Furlong: Thank you. Anything else? Items, these are items E (1) through (7). If not is there a motion to adopt items E (1) through (7)? Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager ’s recommendations: 1.Approval of City Council Minutes dated October 14, 2013. 2.Receive Planning Commission Minutes dated October 15, 2013. 3.Receive Park and Recreation Commission Minutes dated September 24, 2013. Chanhassen City Council – October 28, 2013 2 4.Resolution #2013-49: 2013 Infiltration/Inflow (I/I) Repair Project: Accept Bids and Award Contract. 5.Resolution #2013-50: Lift Station #10 Improvements: Approve Quote for Pumps and Electrical Panel. 6.Approval of Temporary Liquor License Request, December 6, 2013, St. Hubert ’s Catholic Community. 7.Resolution #2013-51: Call for Sale, 2013A GO Bonds to Refinance 2009A GO Bonds. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Laurie Susla: Good evening. My name is Laurie Susla. I ’m here for the Lotus Lake Conservation Alliance just to thank you all for taking a look at what happened in 2013. Thank you to Todd Hoffman for the great presentation he just gave to you guys and for overseeing the program all season. It ’s a fair amount of work so we do appreciate that he ’s doing that. We appreciate that you all are participating and we ’re looking forward to sometime you know in the winter talking a little more detail about the 2014 plans. See what the watershed …and if any of you are interested the watershed is taking public input as to their plan that they ’re putting together tomorrow night, or tomorrow evening at the American Legion at 5:00 p.m. if any of you guys would like to come so just to let you know. And thank you Todd. We really appreciate it. Mayor Furlong: And thank you Ms. Susla. I know that you were at the meeting tonight and before the financial contributions and all the effort that your association and the other associations do, we really appreciate that. Laurie Susla: It ’s a good group effort. Mayor Furlong: Thank you. Move on now to the next items. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Chief John Wolff: Good evening Mayor. Good evening council. It ’s nice to be here. Well it ’s getting chilly out there which for us means we do see more structure fires in the winter with home heating. You know furnaces turning back on and so forth. Chimney fires, etc so just like to ask our community to be wary of that. Year to date calls are up 12%. Since actually I was last up here, which was, we didn ’t have a report in September, and since that time we ’ve actually, we ’ve had fire prevention week, which was October 7 th through 14 th . 30 active and retired fire fighters contributed about 200 hours to teach about 1,0 00 school children here in town that week which is pretty remarkable under Mark, our Fire Marshal Mark Littfin ’s guidance and he ’s done a remarkable job of getting that effort out every year. He consistently gets a lot of volunteers to help with teaching all the kids. We also had a beautiful day for open house on October 13 th . Crowd was down a little bit, which for such a beautiful day and the Vikings really weren ’t playing that well so I was expecting the usual but everyone that came really enjoyed the activities, and it was a great event. Fire wise we ’ve had one fire. It was a car fire in the Community Bank parking lot. Called in pretty quickly. 5 cars sort of in that immediate area so we were a little nervous when we got there. Thought maybe more than one was involved but we were able to contain it to that one vehicle and it looked like it started in the engine compartment. Nothing foul play wise there. We hired 3 recruits in July and this year ’s group of candidates really had an interesting mix. Four, I ’m sorry we hired Chanhassen City Council – October 28, 2013 3 4 people in July. These 4 individuals all came with previous training so because of that our on boarding time has been significantly reduced and we ’re just now rolling them out and that typically doesn ’t happen until like the February timeframe so we have 4 folks really already making some productive contribution on calls and so forth. And then my final item is effective Friday, the 1 st of November, Assistant Chief Rice and Coppersmith are stepping down. They ’re being replaced by Captain Cory Wallace and Battalion Chief John Murphy and that ’s effective November 1 st and Jeff Siems will continue as our training Chief so take any questions. Mayor Furlong: Thank you. Any questions for Chief Wolff? Thank you and please extend our thanks and those of the community too to all the fire fighters for all their work during the fire prevention week. Those are lots of hours. Chief John Wolff: You bet. Mayor Furlong: I know a number of the fire fighters take vacation time and others to, from their regular job. The real job. Chief John Wolff: Yeah, they do. It ’s pretty impressive. Mayor Furlong: To come out and …so, and even though your numbers were down on the open house, I know everybody that was there really appreciate that too so please extend our thanks. Chief John Wolff: Thank you. Certainly, thank you. Mayor Furlong: Lieutenant Jeff Enevold with Carver County Sheriff ’s Office is not here this evening so we won ’t receive a verbal report. The report was in our packet. If there are any questions, perhaps we can refer those to the Lieutenant through Mr. Gerhardt. Are there any questions on the sheriff ’s report this evening? Follow-up questions. No? Okay. If not then we ’ll just note the report as being received in the Minutes and continue on. PUBLIC HEARING: CERTIFICATION OF DELINQUENT UTILITY AND CODE ENFORCEMENT BILLS. Greg Sticha: Good evening Mayor, City Council. On an annual basis the City Council reviews and has the opportunity to pass a resolution which certifies our delinquent utility accounts as well as our delinquent code enforcement violations. State statutes allow for the assessment of these delinquent bills to be put on the parcel ’s property taxes for the upcoming year. Before you this evening is a list of parcels. The amounts that are delinquent for both the sewer and water bills as well as the one delinquent code enforcement violation. As compared to other years, and partic ularly the water and sewer accounts that are delinquent, the number is quite a bit down from previous years. Whereas the number in the last 3 to 4 years has ranged from a total of $135,000 to about $150,000 or so. For this particular year it ’s $120,000 and the number of accounts is down as well. Other than that I guess there are no other comments from staff in terms of the delinquent sewer and water accounts and code enforcement accounts. I believe a public hearing needs to be had at this point and then approval of a resolution certifying those delinquent accounts. Each of the delinquent account property owners has until the end of November to come into City Hall and get the accounts current before they go off to the County on December 1 st to be certified to the property taxes, at which point payment will have to be made on their property taxes rather than to the City. Mayor Furlong: Thank you. Are there any questions for Mr. Sticha? Mr. Laufenburger. Chanhassen City Council – October 28, 2013 4 Councilman Laufenburger: T hank you Mr. Mayor. Mr. Sticha, this is both commercial and residential. This is anybody who ’s on our water system, is that correct? Greg Sticha: That is correct. Councilman Laufenburger: Is, to what do you attribute the fact that it ’s down this year? Is it, is there a couple accounts that are off it or anything like that or what ’s, to what would you attribute it? Greg Sticha: It ’s hard to really say from year to year what makes the number in total fluctuate. Some of our previous years we were coming out of a little rougher economy in 2009 and 10 and 11 so that certainly could have been some of the reason for the amounts in those years being slightly higher than some of the previous years prior to that, but it ’s a little bit of speculation on that as well. Councilman Laufenburger: And you say that some of these will be paid prior to submitting them to the County. What gives you assurance of that? Greg Sticha: Well if previous history has shown that usually at least a fourth to a third and sometimes as much as to a half of these will be paid before the end of November. They still have 30 days or just over 30 days to pay the delinquent balances on the account. Councilman Laufenburger: To avoid the 10% added fee and the $5 administrative fee, is that correct? Greg Sticha: That is correct. Councilman Laufenburger: Okay. And when do we, we publish this list don ’t we? Greg Sticha: That is correct. Councilman Laufenburger: And when does that get published? After November or now? Greg Sticha: That ’s already been published actually. Councilman Laufenburger: Alright. So some people that would be responsive to that would pay before the end of November? Greg Sticha: Possibly. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions of staff? Mr. McDonald. Councilman McDonald: Yeah I ’ve got a follow up. Are the individuals, because you have everything listed here just by the property identification number. Have we sent notices out to these individuals so that they know that they ’re going to? Greg Sticha: Multiple. In most cases they ’ve received 3 notices by now and most of these balances are delinquent from earlier in the year and even going into last year. Councilman McDonald: Okay, thank you. That ’s all. Chanhassen City Council – October 28, 2013 5 Mayor Furlong: Okay. Let ’s pick up the code enforcement. I think there ’s one or two there. I think there ’s one but let ’s do that at the same time and then we ’ll have our one public hearing on both of them and deal with both of them as a single motion unless there ’s objection to that. Greg Sticha: There ’s only one code violation th at is delinquent at this time and that is for $591 and we had one in 2012 as well. In 2010 and 11 we had about a dozen each year most likely because of more properties that were either in foreclosure or just not being attended to and so it ’s more typical to have just one or two a year that we have delinquent code enforcement violations on. So nothing really to report. Mayor Furlong: Any other questions on code? Absent attaching these to the property tax bill for next year, what would be the City ’s recourse in terms of collection? Small claims court. Greg Sticha: Small claims court or you know a collection agency. Some cities attempt to send some of their ’s off to collection agencies but this is by far the most effective tool a city has to collect these. Mayor Furlong: Mr. Knutson, if we did go through small claims or something like that for some of the larger items, the larger accounts, what ’s our cost or time or effort that would be involved in that? Roger Knutson: Personally I ’m not aware of any city that has done that. It ’s certainly something open to you. When I wo rked in one city where someone is historically about $200,000 behind every year but if you take them to small claims court, first you have to do that and go there. Then you have a judgment. Then you ’ve got to collect on the judgment so you have to find out where they have an account or where they have assets other their home and it can take, can be quite time consuming. This is definitely the most efficient way of collecting. Mayor Furlong: Alright, thank you. Any other questions? Councilwoman Ernst: I have a question Mayor. Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: Greg can you tell me, if from the past year, like last year, did we collect all the outstanding debt from last year? Greg Sticha: Well any amounts that are not paid by the end of November were certified last year and then all of those amounts would be collected on the property taxes. Now if the property taxes were not paid for that particular year, those property tax payments would be in arrears. Eventually we will collect the payments on those property taxes as well. In some cases those property taxes might be 2 to 3 years in arrear before we actually collect on the property taxes where these would also be levied or associated with the property so. Councilwoman Ernst: So we do have different avenues of collecting the debt but we always collect it. Greg Sticha: Ultimately. Councilwoman Ernst: It might be 3 years later but. Greg Sticha: Potentially. Councilwoman Ernst: Thank you. Chanhassen City Council – October 28, 2013 6 Mayor Furlong: Okay, thank you. Any other questions? If not I would like to open up a public hearing on both the issue of attaching delinquent utility accounts and delinquent code enforcement accounts to property taxes so if anyone would like to speak to the council on this matter, I invite them to come forward to the podium. Please stating their name and address for the record. No? Okay, seeing nobody without objection we ’ll close the public hearing on both these items and bring it back to council for discussion. Is there any additional discussion? On these. If not would somebody like to make a motion. I think we can cover these both in a single motion. Councilman McDonald. Councilman McDonald: I ’ll do it. I make the motion that the City Council adopts the resolution certifying delinquent utility accounts to the County Auditor and that the City Council adopts the resolution certifying delinquent code enforcement accounts to the County Auditor also. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion ’s been made and seconded. Any discussion on that motion? Hearing none we ’ll proceed with the vote. Resolution #2013-52: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts 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. Resolution #2013-53: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts 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. CONSENT AGENDA: (8). APPROVAL OF SETTLEMENT AGREEMENT FOR TREE REMOVAL ON CITY PROPERTY AT 6891 LOTUS TRAIL, PETER ROCHEFORD. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: Excuse me Mr. Laufenburger. This deals with the request to approve the settlement agreement for the Carver Beach tree removal. Mr. Laufenburger. Councilman Laufenburger: Okay. Let me just take a moment to make sure I have this in front of me. Okay, thank you Mr. Mayor. My question relates to, and I ’m quoting from the resolution. Now Therefore, item 2 under the Therefore. Therefore in consideration of the payment, and this is the payment for, I ’ll just use the term restitution. I ’m not sure if that ’s the right word to use Mr. Knutson or not. Fair enough? Roger Knutson: That ’s a fair word. Councilman Laufenburger: Okay, restitution. The City, that would be us, hereby releases and forever discharges the individual from any and all claims, damages, actions, causes of actions, warranties, obligations, liabilities, expense costs, attorney ’s fees, proceedings and judgments of whatever kind or nature which the City ever had or now has against the individual. My question is, does this eliminate from the individual ’s future any criminal charges associated with the destruction of public property? Do you know the answer to that Mr. Knutson? Roger Knutson: What he did was done, could be lo oked at as a felony. I choose my words carefully here. Chanhassen City Council – October 28, 2013 7 Councilman Laufenburger: Okay. Roger Knutson: That would be for the County Attorney to decide. Do I think criminal prosecution will go forward if you approve this? I can ’t speak for the County Attorney but I don ’t think it ’s likely. Mayor Furlong: Does this release in any way limit the County Attorney from pressing charges or choosing not to? From a legal perspective. Roger Knutson: From a policy perspective it could have an impact, yes. That would be up to the County Attorney. Mayor Furlong: Is your question Mr. Laufenburger, does this release legally prevent the County Attorney pressing charges ? Is that another way of saying it? Councilman Laufenburger: Yeah I think that ’s, yeah. What I ’m wondering is, if in fact is this individual, it says in consideration forever discharges from any and all claims which the City ever had or now has against this individual. It doesn ’t say the County or the State or. Roger Knutson: That ’s correct. Councilman Laufenburger: So it doesn ’t stipulate anybody else that may choose to try to bring charges? Roger Knutson: Well it could have an effect on their decision to bring charges. Mayor Furlong: Is it legally limiting on their ability to do that? Roger Knutson: I do not believe it ’s legally limiting their ability but I am hesitant to speak for the County Attorney. Councilman Laufenburger: I understand. Mayor Furlong: I understand you can ’t. Roger Knutson: That ’s right. Councilman Laufenburger: Okay, the only other question I have. Thank you Mr. Knutson. The only other question I have is that, it appears, and I think Mr. Gerhardt I ’m going to direct this to you. It appears that what this payment is, is covering two things. It ’s covering the cost that the City incurred in terms of staff time, administrative time to deal with this controversy and then also the purchasing of 17 trees. Is that correct? Todd Gerhardt: Purchasing, planting of trees and also a contractor of our choosing so I think that was pretty key as far as. Councilman Laufenburger: But there is no, well what I ’m wondering is, the trees that have been purchased, do they carry warranties that if for any reason any of those trees don ’t survive the first or second winter they will be replaced? Todd Gerhardt: I think we have a one year warranty. Chanhassen City Council – October 28, 2013 8 Councilman Laufenburger: One year warranty and that ’s a standard warranty. I guess my point is that while I don ’t dis agree with this settlement, I think it ’s important to note that there ’s really nothing that can be done to return the trees to their current, to the state they were in before they were cut down and. Todd Gerhardt: That ’s correct. Mayor Furlong: But for planting new trees and the passage of time. Councilman Laufenburger: That ’s correct and of course the passage of time, well I think what I want to say is that the trees that are being put in are the same as the trees were when they were put in 17, 18, 20 years ago so what that means is that the neighbors are going to have to live for 20 years before they see those trees return to the stature, the majestic viewpoint that they provided or vista that they provided that was destroyed by this individual. Thank you Mr. Mayor. That ’s all I wanted to say. Mayor Furlong: Alright. Any other comments or any questions? Mr. McDonald. Councilman McDonald: I have a question. Why did this happen? Was it a misunderstanding or was it just frustration? I mean I take it that there ’s this piece of land that obviously belongs to the City and were the trees cut down because of a view that he wanted to have or, I ’m trying to understand why did this happen? Todd Gerhardt: Well I think there ’s differing views on the case and his case is that he felt as though he was in there cleaning up trees that weren ’t significant and that there were some dead ones in there so trying to clean up the area was p robably the way he described it and but you know in the past we had another individual that cut in the spot and it was to better his view of the lake. Councilman McDonald: Okay but that wasn ’t necessarily the case of this particular individual, at least do you believe that or was there enough evidence to lead you toward that or? Todd Gerhardt: You know if you were just cutting the dead ones you wouldn ’t have cut the live ones so, and it was a swath so my guess the ultimate goal was a view. Councilman McDonald: Okay, thank you. Councilwoman Ernst: One other question Mayor. Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: So Todd do you, was he with the understanding that this was city property that he was cutting these trees down? I mean was that clear to him that this was city property? Todd Gerhardt: Yes. Councilwoman Ernst: Okay. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Yeah, you can tell I ’m troubled by this Mr. Mayor and what troubles me is, is that if this can happen here what ’s to prevent somebody else from coveting a view that they do not have and perhaps doing it in other locations and I ’m wondering do we feel like our signage is appropriate for, to protecting our assets. Specifically the assets of the parks and the trees. I mean these are, these are Chanhassen City Council – October 28, 2013 9 majestic elements of nature that make this community what this community is and apparently this isn ’t the first time that something like this has happened, am I correct? Todd Gerhardt: That is correct. Councilman Laufenburger: Okay so. Todd Gerhardt: Second time in this location but we ’ve had other incidents throughout the community. Councilman Laufenburger: Maybe there ’s a resurgence of education that we need to put in place to inform our citizens that, when they go beyond their property lines they are stepping into the realm of questionable behavior and that ’s a no-no. I don ’t have an answer for that but I think it ’s something that perhaps maybe we need to have parks and recreation explore a little bit. Mayor Furlong: I find it interesting that we have to educate people not to destroy someone else ’s property. Councilman Laufenburger: I find it interesting that you find that interesting Mr. Mayor. Mayor Furlong: From the standpoint that I think that should be common knowledge. Councilman Laufenburger: Should be. Councilwoman Ernst: I agree. Mayor Furlong: Absolutely. Councilman Laufenburger: Yeah, absolutely should be. Maybe we should have a class at the high school about this or something. Mayor Furlong: Well there ’s a referendum next week … Any other comments or questions on this? Would somebody like to make a motion? Councilman Laufenburger: I ’d be happy to do that Mr. Mayor. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: I move that the Chanhassen City Council approves the settlement agreement in the amount of $12,680 and release of claims for the removal of 17 trees from Carver Beach Park by Peter Rocheford. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion ’s been made and seconded. Any discussion? Councilman Laufenburger moved, Councilwoman Ernst seconded that the Chanhassen City Council approves the settlement agreement in the amount of $12,680 and release of claims for the removal of 17 trees from Carver Beach Park by Peter Rocheford. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Chanhassen City Council – October 28, 2013 10 COUNCIL PRESENTATIONS. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: This may be an administrative presentation but I just have a question. I noticed Mr. Gerhardt that the stairway connector, which this council approved for construction between Highover and the Highway 41 trail is not yet complete and I noticed that there was, there has been some discussion about that. Can I get perhaps a current update on that, would you mind? Todd Gerhardt: Yeah. Todd Hoffman, our Park and Rec Director is here also. He can add to any comments that I provide but we entered into a contract with Mr. Tice to build the stairs. Mr. Tice could not fit the stairs into his schedule for this year so this is very disappointing on behalf of staff and I got to believe City Council. Because we knew he wasn ’t going to move ahead with the stair project we went ahead and mulched and seeded the open area where the stairs were going to go and right now Todd, were you going to extend the contract until next year? Todd Hoffman: This project is under a quote for it ’s a quoted project so we don ’t have a written contract on this particular project so it ’s $59,000 on a quote basis and Tice Construction has been a very good contractor for the City of Chanhassen for over 20 years. They provided a lot of very excellent concrete work for the City at a price which has saved the community a lot of money over the next lower bidder over that time span but in this case they did not perform. Tice Construction did not perform and I believe there ’s a variety of factors here. It was a very late spring and so they were backed up. Had a lot of work in the beginning of the year and that got them behind right out of the gate. We had a construction per-con meeting on August 2 nd at this property with everyone involved. The property owners, the contractor, staff, and the consultant that was working on the design. At that point we were hoping that the project would be completed in August and Tice Construction, Jerry Tice stated no, he wasn ’t going to get there until September. September came and went. Halfway through the month we started getting call back from Tice Construction and again he just continued to put us off during the month of September and October. At that point it was clear that he really needed additional help on this project from a nephew that is also in the concrete business. It ’s somewhat complex to construct a stairway and that other contractor had taken jobs outside of the state at that time so we ’re disappointed that Tice Construction did not fulfill their commitment to build the project on behalf of the City and this is probably likely one of those projects we ’ll ask the council to carry over into 2014 so we can complete it at that time. Councilman Laufenburger: Has Mr. Tice committed any energy, parts, labor, materials to the project yet or not? Todd Hoffman: No. Councilman Laufenburger: So the grading and the mulching that ’s been done, that ’s all been done at City expense? Todd Hoffman: Correct. Councilman Laufenburger: Okay. And that was an expense we didn ’t expect to incur, is that correct? Todd Hoffman: Not the, the grading was on our dime. We would not have had to mulch and seed it if it was complete. Councilman Laufenburger: Okay. Thank you. Chanhassen City Council – October 28, 2013 11 Councilwoman Ernst: Mayor? Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: So Todd with that in mind I ’m assuming that we have labor as well that went towards the mulching of that project. Has there been given any consideration for the amount to charge this contractor back for labor, materials, time? Todd Hoffman: I ’m not sure if we ’re, we ’d have to ask our counsel if we ’re in a position to do that underneath this type of an arrangement. I ’m not sure if we would be. Councilman Laufenburger: So it ’s possible that he may never complete the job that he gave us a quote for, is that correct? Todd Hoffman: Sure. Councilman Laufenburger: It would be our decision to, as we say winter over this project until next year and then ask for a quote again. Mayor Furlong: Would we need to receive another quote or is the current one still binding for a period of time? Todd Hoffman: Mr. Tice has stated that he will, his hope was to complete it sometime in October- November. Likely that he would not be able to do that and then he would be back in the spring to complete the work if we wanted it to be. Mayor Furlong: And if we wanted to hold it over and have him do it, would he honor the original quote? Todd Hoffman: Yes. Mayor Furlong: And do you have a sense of assurance that he ’ll be able to do it next spring? Todd Hoffman: Unfortunately the same sense of assurance that I had that he would do it this year but again he has stated that he ’ll be back. He ’ll honor that price. Tice Construction has worked for us again for over 25 years. He ’s a local contractor. I believe he just got into a bind and just wasn ’t able to make all his commitments that he made over the summer. Mayor Furlong: Well I guess, and Mr. Laufenburger you brought this up. I don ’t know if you had other questions or other people had questions but it would seem to me that if it ’s your decision to hold it over, you should probably take a look at the calendar and put some deadlines in place for him to have work started or completed by such and such. If those deadlines are not met, we ’d be able to still have time hopefully to go with a different contractor and go through the process of receiving quotes. Go with a different contractor and try to get it done next year, if that makes sense. Todd Hoffman: It does. Todd Gerhardt: Mayor, council. I think we ’ll even take it a step farther. I ’ll set up a meeting with Mr. Tice, Todd Hoffman and myself and sit down and ask him you know, would he reimburse us our cost for the mulch. Chanhassen City Council – October 28, 2013 12 Mayor Furlong: I think there are some extra costs no question. Todd Gerhardt: And try to get some real assurances out of him comfort level wise that he will you know honor his quote and do the work next spring. I know he ’s verbalized that but just get some assurances and hear it from him. Mayor Furlong: That makes sense. Okay. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: And yes Mr. Laufenburger that was under Administrative Presentations so. I ’m still on council presentations. Any other council presentations? Councilman Laufenburger: Oh one more for Councilwoman Ernst. Crown College defeated McMurray College on Saturday 28 to 14. Councilwoman Ernst: Yay. Mayor Furlong: See what you started Mr. McDonald? Councilman McDonald: But he ’s such a good monster. Mayor Furlong: The only other thing I will bring up under council presentations is to remind those viewing that District 112 does have a referendum election next Tuesday. A week from tomorrow on the 5 th . Chanhassen residents vote at the Chanhassen Rec Center if I ’m not mistaken so I think most people are becoming aware of that and getting the information, which is good and we encourage everybody to, if you ’re in the District 112 to be sure that you get out and vote so that your voice is heard. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just wanted to highlight an item in the correspondence packet. You ’ll find the Highway 101 gap flyer and it really highlights the needs for improvements of 101 south of Pioneer down to Flying Cloud Drive and Paul and his staff worked hard on this and we ’ve been sharing this with MnDOT and any correspondence out there where we ’re looking for special funding so, and we ’re also making it available on our website so. Mayor Furlong: Thank you. And this was also part of the correspondence packet, which I ’m not to yet but that ’s fine so with that. Todd Gerhardt: Since everybody else is jumping ahead. CORRESPONCE DISCUSSION. Mayor Furlong: Why not, join the party. The question I have there is, and Mr. Oehme you have a letter in there that speaks to Three Rivers Park District with regards to a pedestrian over pass bridge, is that correct? Your letter that ’s in the correspondence packet seeding support from the Three Rivers Park District. Paul Oehme: Yeah. Mayor Furlong: What does that relate to? Chanhassen City Council – October 28, 2013 13 Paul Oehme: Sure Mayor, City Council members. That relates to the desire to upgrade the 101 corridor. As you know the LRT trail runs perpendicular to that corridor and it ’s the vision, the need is to build a pedestrian overpass when 101 is upgraded so in 2014 there is anticipated to be federal funding available for solicitation. We ’d like to apply for in that year so we are asking Three Rivers Park District to support that application and help fund the local match. Mayor Furlong: Okay. Alright. And that would be, this would be done in conjunction with improvements to the 101 corridor? Paul Oehme: Absolutely. It would be done at the same time. Mayor Furlong: Okay, thank you. Any other questions for Mr. Gerhardt under Administrative Presentations? Any other comments of the correspondence packet? No? If there ’s nothing else to come before the council this evening, we will continue our work session items immediately following our council meeting here but if there ’s nothing else at this point, 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 at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES OCTOBER 22, 2013 Acting Chairman Carron called the meeting to order at 7:40 p.m. MEMBERS PRESENT: Brent Carron, Steve Scharfenberg, Elise Ryan, Rick Echternacht, Jim Boettcher, and Jacob Stolar. MEMBERS ABSENT: Cole Kelly, Luke Thunberg and Ryan Lynch STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Mitch Johnson, Recreation Supervisor APPROVAL OF AGENDA: Scharfenberg moved, Boettcher seconded to amend the agenda to includ e under new business, item 2. Dugouts at Lake Ann Park; and under Reports items c. Carver Beach T ree C utting S ettlement, d. Update on Highway 41 Highover S tairway, e. Update on Highway 41 Pedestrian Crossing, and f. Update on Pioneer Pass Park T rees, G rading and F inal S eeding. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC ANNOUNCEMENTS: Jerry Ruegemer reminded commissioners of the Halloween Party on Saturday, October 26th and talked about a volunteer program at Lake Susan Community Park which includes coordinating 180 7 th graders from Minnetonka Middle School West. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Echternacht moved, Scharfenberg seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated September 24, 2013 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 2013 RESERVATION PICNIC PROGRAM OVERVIEW. Jerry Ruegemer reviewed highlights from the 2013 picnic site evaluations, revenue and participation numbers. He suggested that the commission look at the fee structure to discuss resident and non-resident fees, and fees for using the beach area. Commissioner Scharfenberg asked about season dates and marketing . DUGOUTS AT LAKE ANN PARK. Commissioner Scharfenberg discussed the fact that he was approached by Ted Ellefson with CAA requesting dugouts at Fields 4, 5 and 6. After discussion staff was directed to prepare a staff report and i nvite Ted Ellefson to attend a future meeting to make a presentation. RECREATION PROGRAM REPORTS: BANDIMERE DISC GOLF TOURNAMENT EVALUATION. Mitch Johnson reviewed the events associated with the Bandimere Disc Golf Tournament. Commissioner Ryan suggested incorporating a learn to play disc golf and tournament into youth programming. CHANJAM PREVIEW. Mitch Johnson reviewed events associated with ChanJam being held on Friday, November 15 th at Chanhassen High School. Commissioners provided ideas on how to better market the event. Park and Recreation Commission Summary – October 22, 2013 2 CARVER BEACH TREE CUTTING SETTLEMENT. Todd Hoffman provided an update on the settlement s being offered regarding the illegal cutting of trees within Carver Beach Park. HIGHWAY 41 HIGHOVER STAIRWAY. Todd Hoffman provided an update on the Highway 41 Highover stairway construction. Commissioner Ryan asked for clarification of the erosion measures being taken due to the delay in construction until next spring. HIGHWAY 41 PEDESTRIAN CROSSING. Todd Hoffman provided an update on the progress of the pedestrian crossing construction. PIONEER PASS PARK TREES, GRADING AND FINAL SEEDING. Todd Hoffman provided an update on the tree planting, grading and final seeding work being done at Pioneer Pass Park. COMMISSION MEMBER COMMITTEE REPORTS . None. COMMISSION MEMBER PRESENTATIONS. Commissioner Ryan asked for a report on the AIS inspecti on program and explained that she will be representing the Park and Recreation Commission at the Beyond the Yellow Ribbon landscaping event on Thursday. Todd Hoffman and Commissioner Boettcher discussed the ribbon cutting ceremony for the Rice Marsh Lake trail loop. ADMINISTRATIVE PACKET. None. Scharfenberg moved, Boettcher seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and Recreation Commission meeting was adjourned. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING OCTOBER 22, 2013 Acting Chairman Carron called the meeting to order at 7:40 p.m. MEMBERS PRESENT: Brent Carron, Steve Scharfenberg, Elise Ryan, Rick Echternacht, Jim Boettcher, and Jacob Stolar. MEMBERS ABSENT: Cole Kelly, Luke Thunberg and Ryan Lynch STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Mitch Johnson, Recreation Supervisor APPROVAL OF AGENDA: Carron: Any changes on the current agenda? Scharfenberg: I ’d like to add under new business, dugouts at Lake Ann. Carron: Okay, we ’ll call that number 2. Hoffman: Chair Carron, under reports I ’ll give a variety of reports. I ’ll list them. Carver Beach tree cutting settlement. Update on the Highway 41 Highover stairway. Update on the Highway 41 pedestrian crossing. And an update on the Pioneer Pass Park trees, grading and final seeding. Carron: So Todd do you just want to go c, d, e, f, and g? Hoffman: Sounds great. Carron: Okay. Anything else? Alright, so refresh my memory. We don ’t have to vote on that do we? Do we have to make a motion to approve it? Hoffman: Approval, yeah. Carron: Do I have a motion? Scharfenberg moved, Boettcher seconded to amend the agenda to include under new business, item 2. Dugouts at Lake Ann Park; and under Reports items c. Carver Beach Tree Cutting Settlement, d. Update on Highway 41 Highover Stairway, e. Update on Highway 41 Pedestrian Crossing, and f. Update on Pioneer Pass Park Trees, Grading and Final Seeding. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC ANNOUNCEMENTS: Carron: Todd, anything? Jerry? Ruegemer: Halloween Party Saturday night. Mitch has been working hard on getting it all put together so our office is filled with candy right now so, and costumes and that sort of thing so if you guys have a free Saturday night, come on out. Enjoy the festivities. Park and Recreation Commission – October 22, 2013 2 Scharfenberg: Times again? Johnson: It is 5:30 to 7:30 at the Rec Center. Hoffman: Want to give an update on the …? Ruegemer: Sure can. Been working with the Minnetonka Middle School West school, they ’re coming out with 180 kids. 7 th graders. They ’re going to be kind of splitting the day, 9:45 to 11:45 is the first shift and they will be doing kind of a shoreline restoration project with Terry Jeffery and Krista Spreiter, through out water resource department with the city here. So they ’ll be planting kind of aquatic plants along the shoreland of Lake Susan. Kind of the northeast side of the lake to kind of stabilize the shoreline, that sort of thing so during that 2 hour block they ’ll be planting aquatic plants. Having lunch at the Lake Susan shelter. Then another, they ’ll flip flop with another group, they ’re coming from Feed My Starving Children so they ’ll flip flop. The first group will go bag some food and the second group will come and then they ’ll kind of finish up that project. I think we ’ll have enough work for two different groups. And then if we have extra time we ’ll be picking up trash and debris along the trail system along the lake and kind of the interior of Lake Susan Community Park so 9:45 to about 1:45-2:00 on Friday we ’ll have 180 kids plus chaperones from Minnetonka Middle School West. Ryan: Was this initiated by the City or by the school? Ruegemer: From the school. Yep, Lisa Wagner the School Chair is the one that ’s kind of spearheading the project on behalf of the district and so I ’ve been working with her and certainly with our departments and through water resources as well so it ’s a great project that they ’ve kind of wrapped the ir s elves around and we ’re getting a lot of good work done for us as well so it ’ll be a good project. Scharfenberg: And what ’s the hopes of that project with the plantings along Lake Susan? Just for. Ruegemer: Act as a buffer and you know stabilize the shoreline and I think act as kind of a filtration system prior to the water going into the lake. Water quality. Scharfenberg: Okay. Hoffman: It ’s an ongoing project. The project earlier killed off the vegetation that was there. Scharfenberg: Right, I saw that. Hoffman: Yep. Now they ’re going to plant these more traditional plants that would be in that location. Scharfenberg: Okay. Echternacht: Will there be someone there taking pictures? Ruegemer: Yeah, I ’ll be present all day long. Krista from the City will be there as well and Terry Jeffery will be kind of in and out so we ’ll take lots of pictures and we ’ll post them. Mitch will post them on Facebook for us so we ’ll take care of that. Hoffman: I really want to thank Jerry for taking this project on. It ’s one of our values as a department, as a city to work with volunteers, especially at the school age level. It is extra work. It ’s something that ’s not in our normal work day but we really value those type of intersections. We just think it really inspires Park and Recreation Commission – October 22, 2013 3 the kids and the community connections to make those connections closer. Any time we can build those community interactions at our school and the children are really happy to do that. Carron: Alright, thanks. Being that there are no visitors, probably no visitor presentations tonight so we ’ll go into approval of Minutes. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Echternacht moved, Scharfenberg seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated September 24, 2013 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 2013 RESERVATION PICNIC PROGRAM OVERVIEW. Ruegemer: Thank you very much. Just had another great year, 2013. We had 119 paid reservations to our park system at Lake Susan. Our facilities at Lake Susan and the two at Lake Ann with that so really a wide variety of events that take place at the shelters, from you know reunions, weddings, anniversary, grad parties, dedications, so there ’s a number of different events that are hosted at our park system so people are creative on what they do and they see the value of having kind of the party within that really nice, natural setting and that sort of thing too so it works out really good for us. As you can see Lakeside was our most popular site this year and that flip flopped. Last year that was second place. Klingelhutz or the Klingelhutz was first last year so we flip flopped spots in that a little bit this year. And then Lake Susan is third so we generated just over $15,000 in revenue for that which is an increase over 2012 so things are going in the right direction with that. We hear a lot good comments from our users and keep in mind too you know there ’s a lot of other groups that just kind of show up when it is open and that ’s fine to do that if people choose not to make a reservation. Go out after the ball game or on the weekend when there is an opening or weekday and then utilize the event for free so that number of 12,000 picnickers, that ’s kind of the estimate that we have during the reservation process through our department but that number is actually quite a bit higher than that, just from the other people there going down and using that on a weekly basis. And then also you know Mitch in our programming department is making a lot better effort to use those facilities too through Lake Ann Adventure Camp and …and other type of events through our department so we ’re trying to really kind of go out and kind of get out of the traditional programming facilities and go out and …programs with that as well. Throughout the course of the year the commission does see many of the evaluations. Most of the evaluations that come in up to this point and we do have a pretty good thing going with our system that we have so if there any things that kind of pop up we certainly address those if there ’s a broken light or garbage cans or tables or bees or that sort of thing so we anticipate those on an annual basis. There are things that are cyclical and that sort of thing here too so, and those are generally positive evaluations that do come back. Just got another one back today from a girls scout group that was out there so they had another good experience out there as well. So we just want to make sure that we review those and take a look at those and address any problems. We are in the process at Lake Ann of painting the bathrooms out there right now to get ready for next spring. We ’re going to take a look at potentially doing something with the floors, whether that ’s a sealed floor paint or something to kind of, the concrete is getting kind of stained out there and it ’s getting a little, I don ’t think up to pa r where we should be for that so we ’re going to take a look at having a solution for that and do some improvements with lighting. Inside the bathrooms I think at Lake Susan as well and kind of spruce that up a little bit so I think we owe it to our customers to kind of make sure that everything is up to date and current with that and it could be as simple as just a fresh coat of paint and it really makes a big difference so we ’re going to take a look at that here before next year, next season and just make those small improvements make a big difference. June 9 th , a lot of the commissioners were out there during the official dedication, changing the name and dedicating the Hilltop Shelter to Al Klingelhutz Memorial Pavilion so that was a nice contingent of the Klingelhutz family that were out there. Park and Recreation Commission – October 22, 2013 4 Well deserved for Al Klingelhutz who was really a visionary and a pioneer within our community and it does remain really one of the most popular sites that we do have and I think people like the size of it and kind of being away from people. Kind of having a private setting for reunions or graduation parties, that sort of thing so the dedication was a nice day. We had a nice meal. Lot of family members you know and a lot of photo albums and pictures and a lot of good conversation so thank you everybody for being there that day and sharing in that special moment for the family and for the city. So you know kind of overall we did have a positive experience again and a good summer season and people have already been calling for at least a couple months already looking for 2014 reservations so we ’re going to make sure that we, people kind of have a fair shake of that so we ’re going to be making those reservations after the first of the year so everybody kind of has that equal opportunity for that as well. You know second half of the report is just kind of the breakdown facility by facility and by the kind of the reservation type. What type of group they are and kind of the days of the week of kind of how those reservations kind of fared and kind of tallied or totaled for that so you can see the Lakeside was first with 51 reservations. Paid reservations. Lake Susan was third with 31 and the Kl ingelhutz Pavilion was second with 37 totally 119 so we have a good thing going with our picnic reservations. It seemed like we did have a few more non- resident rates this year, which was, which is always good with that but that ’s something that maybe we ’ll talk about for next month is, maybe it ’s time to take a look at just you know taking out the non-resident fee because it seemed like you know I can get you the percent but it seemed like you know, 90-95 percent of the reservations are residents so either they ’re finding a cousin who lives here or a daughter or son or some other type of situation where they ’re getting around the non-resident rate anyway so you know I ’m not sure, we can certainly have that conversation. If we possibly get rid of that fee, maybe our numbers will go as well if people are scared away by the basically doubling the price for the non-resident fee so we ’ll talk about that in November and kind of go from there. I ’d also like to talk about potentially having a fee for kind of renting out the beach. We seem to be having a lot of you know kind of baptisms and other types of events down at the beach area prior to the lifeguards coming on for the day so Sunday morning at 7:00 in the morning there ’s 150 people down there doing live baptisms and that sort of thing so that ’s happening right now so we could talk about that next month as well to potentially add that to a fee structure or we just charge them as I have been. Either a resident or non-resident and kind of going at it that way so just conversation. Carron: Just for food for thought for next month. When was the last time we raised rates on reservations? Ruegemer: It ’s been a long time. Carron: Has it? Okay. Ruegemer: I can ’t, have the exact amount of years right now but it ’s probably been at least 5 to 8. Carron: Okay. Echternacht: Jerry, at Dale ’s going away activity I noticed that the power, I think Mitch and I talked, kept flipping. The breaker kept going so maybe that ’s something we talk about or maybe it ’s already in process of being corrected. Ruegemer: We talk about that as a staff quite a bit actually and yeah I ’m not sure what was going on that particular day but there is something that needs to be addressed and the electrical system kind of leapfrogs, kind of pulls a pulse so every other pole is kind of connected and we ’re going to have to do something different with that because there is situations where the breakers do pop if you ’re not, if you ’re you know just kind of general, a general reservation and you can ’t get into the power panel where the breakers are potentially popping. There are GFI ’s out on the pole so you can just reset the button but it ’s a problem Park and Recreation Commission – October 22, 2013 5 and we certainly have talked about it and we ’ve had electricians out there to kind of take a look at remedying the situation but I think we ’re going to have to do something different with dedicated breakers per pole so we don ’t have those types of problems. Scharfenberg: Jerry with, just looking at the picnic information, you know it says available May 1 to September 30 th . If people reserve the shelters beyond September 30 th or even before May 1, do we charge them then? Ruegemer: We do, yep. Those are kind of soft dates so to speak so we have done, like if it ’s the weekend or so prior to that you know kind of May 1 st date. You know this year the last picnic was that Sunday, the 6 th or 7 th or October was the Northern Skies Girl Scout group so yeah, those are kind of soft dates and depending on weather and where we ’re at, you know I ’ll generally go a week or two after that date. Scharfenberg: Okay. Ruegemer: And they are paid reservations. Carron: Anything else for Jerry? Scharfenberg: In terms of marketing you know the picnic shelters and stuff like that, have we done that within the last, I don ’t remember it happening but have we done any of that in the last, with respect to businesses and stuff and maybe, well first of all have we ever done that recently? Ruegemer: You know we do a lot of advertising certainly within our Connections and you know it ’s certainly on the web page and that sort of things. We have not done direct mailings to businesses but you know it ’s not a bad idea. Scharfenberg: I was just thinking if we hadn ’t done that for a while, maybe with a coupon in there for a reduction in price if you schedule it you know by a certain date or something like that. Ruegemer: Right. We do include that within our sponsorship program. If they ’re part of our sponsorship program, and depending on what level they are, they can get up to 50% off . Scharfenberg: Oh they do, okay. Alright well then you guys are doing a good job on that then. Ruegemer: Yeah, so. We could do better. Hoffman: Which edition is it in for the Connection? Ruegemer: It would be the spring and summer. It might even be fall because you still get that, it comes out in August so. Carron: Okay, thanks Jerry. DUGOUTS AT LAKE ANN PARK. Scharfenberg: Thank you Chair. I was approached this past week by a member of the CAA, Ted Ellefson and Ted has been before this body before and we ’ve had discussions as a group regarding Lake Ann regarding various safety issues out there during baseball and softball. The issue he brought up with me was, they would like to have dugouts included at Fields 4, 5 and 6 which are the fields I think closest to the pavilion up there. There are dugouts already at 1, 2 and 3. They ’re Cyclone fence dugouts and I Park and Recreation Commission – October 22, 2013 6 think they might have a little mesh thing over the top so nothing extravagate or anything like that but more of a safety issue and so they would like to pursue that with us. They have money to help contribute towards the cost of that and potentially labor to help put that in . I think Jerry, Ted said that he had contacted you about cost of maybe what the cost was previously to do 1, 2 and 3 and I don ’t know if you were able to come up with that information or not. So I informed him that our CIP had been you know passed at our previous meeting. I said I didn ’t know if there was, it hasn ’t been approved I don ’t believe by council. If there was time to amend it tonight. I told him I doubted that that would happen tonight. So I just bring that forth to the committee, to the commission that they would like to have that done and would like us to do something about it. Carron: Do you think they ’d like to come in and give a presentation on that as well if we set it up on a meeting or …? Scharfenberg: You know I certainly told Ted that he may be asked to come and talk about it but that I would bring it tonight and just kind of bring forth that proposal, and he ’s more than willing I think to come and talk to about it a little bit but that is what they would like to see happen at Lake Ann. Right now there ’s a fence with a bench area but they ’re not covered. They ’re all open and the fence is kind of like probably waist high or a little bit higher than that so certainly foul balls and stuff are coming in, into the dugout area and stuff like that. Carron: Todd weren ’t we talking, and Steve you as well, were we talking about putting up like, what would I call it? Like rope fences for a while. Like putting out the fields. Splitting the fields between a couple of them. Was that an option at one point? Hoffman: Well it ’s been a discussion item. The foul ball issue for both players and spectators has been a topic of discussion for a long time at Lake Ann and there ’s been a variety of proposals. Not just at Lake Ann but at Bandimere Park as well. Carron: Okay. Anyone have anything? Ryan: So does it make sense to get the numbers first for further discussion? Is that what you ’re working on now Jerry? And then maybe once you have the numbers, come in and have his presentation coincide with getting the numbers and then we can open it up to discussion again. Scharfenberg: Sure, makes sense. Carron: So then should we just table this discussion and put it on November? Scharfenberg: Sure, that would be great. Carron: We can do that Todd? Hoffman: It sure will and it ’d be important to understand what their contribution thoughts are as well so, what percentage or. Scharfenberg: Yeah, they ’ve got some money available he told me that. I said I had no idea again what the cost of something like that would be and but they ’re willing to contribute towards that. Hoffman: At the same time they ’re currently in discussion with both the commission and the City Council on the Lake Ann or the Lake Susan ballfield lights so that ’s a $50,000 or $58,000 contribution that they ’re currently pledging and from what I understand they would be financing the majority of that Park and Recreation Commission – October 22, 2013 7 with a ballfield lighting company and then paying that off over time so they have that pledge already in for consideration by the council. Carron: Well Jerry if you can get those numbers together and maybe we should invite him to the next meeting and have him give a quick spiel on what he ’s thinking. Alright. RECREATION PROGRAM REPORTS: BANDIMERE DISC GOLF TOURNAMENT EVALUATION. Johnson: Alright, thank Chair Carron and good evening commissioners. As you recall last summer out at Bandimere Community Park we opened the 9 hole disc golf course out there. Kind of been working to do some programming out there. Get people involved in the sport of disc golf or maybe people who have been playing kind of a more organized field so back on Saturday, October 5 th we offered our third disc golf tournament since the opening of the course. Seems like we ’ve had bad weather for all three. I think we ’re averaging about 42 degrees, wind and rain so continuing to work on that to see what we can do but this year we had 13 players. Certainly I think the weather contributed to lack of day of event registrations but still had a good turnout. This is the most we ’ve ever had for the 18 and up category, which is nice. We tried plugging that one. In the spring tournament I think we had only 4 or 5 for that age group so I ’m glad we could kind of bump that up. We had players coming from St. Louis Park, Brooklyn Park, Glencoe so we ’re bringing people to the community which is nice and they ’re playing a course that they ’ve maybe never played. Did a lot of advertising, not only at the course. Hanging out flyers on a couple different holes but also there ’s a lot of disc golf websites and like forums where people are posting tournaments so we ’re able to kind of reach out that way and I think that ’s where we were able to kind of reach some of those outlying communities, but it ’s real fun. You know it ’s one of those sports that you can play by yourself but when you can bring a group of people together it ’s even more fun and we had some spectators out there walking and yeah, it was a great day. We provided little prizes. It seems like for this demographic, gift certificates is what they ’re looking for to get the new, great disc you know that flies further, faster, cooler so working on that and just doing little trophies and s tuff and you know they play for pride and we ’ve had a lot of players who have come back now for year after year for each of the different tournaments so I ’m looking to continue to expand this. We tried to do a disc golf league this summer. Didn ’t get enough interest in it but hopefully this will kind of help build towards that to maybe next summer developing some sort of self supervised league out there during the summer for more structured play for those interested. But target marketing seems, you know a couple recommendations our target marketing continues to be very popular. A lot of people calling on their cell phones out at the park as we ’re playing and they see the signs so that continues to be popular and also we did the commemorative disc s. We ordered them through a local company who screen printed the tournament logo on there which continues to be very popular. You know people are starting a little collection I think in their garage now of the different ones so but yeah, it ’s great fun. Looking to just continue to build on that. On the back of the report you ’ll see a brief expense report. My goal with that is always you know make a little money. Cover staff time which I think we hit kind of spot on with this one so. But happy to answer any questions anybody has. Ryan: Mitch I have a question. When I was reading about this and thinking, I know you said that the weather could contribute and you do the golf league during the summer. Could you ever offer a, like learn to play disc golf as one of your activities in the summer and then have the fees, say split the fees. Say part of it goes to the practice but then they are automatically entered into a tournament at the end of the summer or something. That way there ’s a connection for the people that are learning to play and then it takes some of the pressure off thinking that it ’s some big time tournament but it ’s for new people and that might you know garner some interest that way too. Park and Recreation Commission – October 22, 2013 8 Johnson: Yeah, that ’s a great idea. Sue and Jodi tried offering like an adult learn to play this summer. I think they only had maybe 1 or 2 people sign up for it. I ’m not sure what kind of marketing but I think yeah, we could definitely collaborate. Ryan: For younger kids. Even if it ’s just a day. Maybe we can get Tom to teach. Scharfenberg: Or even if you did it as part of our summer parks program. That one day they would go out, instead of meeting at the park they ’d meet out at Bandimere and they would do that as part of their activity that day. Johnson: Yeah, exactly. We ’ve looked into even bussing kids from like the Rec Center like an after school disc golf. You know unfortunately costs were pretty high to rent the transportation to bring kids out there because you know we do a nice job with the after school sports out there and get a group but yeah, we ’re looking to get people involved. They ’re all great ideas. I ’ve even thought of you know right now we just divide the people up, for the players by age. Maybe we can do it by skill level like you said. Maybe like a beginner category and an expert or you know so. Ryan: Right. Even with the camp at the summer as part of that. I think that then they get to play in some sort of a tournament with prizes. Then you can increase fees or it makes the fees a lot more interesting. Echternacht: Yeah Mitch, one of my scouts that I ’ve worked with in the past had a part time job in Eden Prairie and that ’s what he did. He taught the disc and then they had tournaments … Johnson: Oh really? Echternacht: Yeah. Johnson: Interesting. Carron: Alright. Thank you Mitch. CHANJAM PREVIEW. Johnson: Thank you. City of Chanhassen, we ’re offering our annual battle of the bands for local high school students. It ’s scheduled for Friday, November 15 th from 6:30 to 10:00 p.m. out at the Chanhassen High School. This will allow up to 10 bands from the local high schools. Reaching out to Minnetonka, Eden Prairie, Southwest Christian, Holy Family, the ones that kind of serve, that the City serves in this immediate area. Haven ’t received any band applications yet but the way we ’re mostly marketing is getting it out to the schools. I ’ve sent it out to all the Music Directors and hopefully they know some students who maybe have their own band so that they can pass the word on. One thing you ’re to see in the back of the report is the event flyer. You ’ll notice pretty catchy. That color really kind of sticks out on it. That was developed in-house by our Communications Specialist, Amy Lloyd. She ’s done a great job with a lot of our graphic design you ’ve maybe noticed in the Connection and some other event flyers, but we ’re real happy with the way that turned out so yeah, hopefully we can get those posted in schools and stuff. There ’s no fee for the bands to participate. We do charge a $5 admission for spectators. They can get a dollar off if they bring a non-perishable food item. The battle of the bands began back in 2008 and on an annual basis we ’ve offered it. You might recall last year we had to cancel because we only had a couple bands register so we ’re trying hard to kind of bring it back this year. To make it feasible I think we need at least probably 5 or 6 to get the spectators there to make it successful event. We want to make sure it ’s a nice atmosphere for the people who make it so we ’re going to continue to reach out. It seems like when you set the deadline it ’s always the day before from what I understand from the past so yeah, Park and Recreation Commission – October 22, 2013 9 looking forward to a great event and see what we can do. Carron: Did you follow up with any of the ideas last year as far as getting out more? …or other areas to try to get people to come. Johnson: Yeah. You know there ’s in Hopkins there ’s a little coffee depot. I think it ’s called, I don ’t know if there ’s an official name but that ’s what they call it and it ’s for kind of high school, garage bands to participate. It seems like most of the students from the Director I talked to are more the Minneapolis, St. Louis Park kind of area. Hopkins because it ’s closer. We decided not to, to keep it kind of to local high schools but yeah, still reaching out there. Hey if you guys know anybody from this area to help spread the word. Stolar: Is Minnetonka included in that because I know Minnetonka has like a coffee house thing and that ’s really popular at the high school so maybe they could advertise to the Minnetonka bands. I think there ’d be some that would be interested. Johnson: Yeah. Do you know who, is there a staff person who runs that or? Stolar: No. It ’s more of just like a student government run thing so I don ’t know how, I mean I could try and help but. Johnson: Okay. Yeah, if you know somebody who runs it. Otherwise maybe I ’ll try to do some. Scharfenberg: Give him some posters. Johnson: Yeah, exactly. Get them up. Ruegemer: Minnetonka has participated quite a bit in the past. They ’ve always had probably one of the top 2 or 3 bands that win it annually so Minnetonka has been involved in the past so we can find that contact and stuff upstairs. Scharfenberg: Mitch I see that you ’ve got MacPhail down here as one of the sponsors. Have you been in touch with them at all? I ’m thinking that if they ’ve got that school out here now, they must have kids doing that that are, might be connected. Have you talked to them at all? Johnson: Reached out to them just in a sponsorship aspect. You know they ’re going to provide the prizes and stuff for the winning bands and stuff. And yeah, hopefully we can get the events up there too, or the flyers up there to help spread the word. Scharfenberg: Yeah, I mean I would talk to their instructors or whoever, somebody over there that they may know kids here locally that have bands that would be interested in this so. Johnson: Yeah. Do you know is that center open? It is open, okay. Yeah I haven ’t even been in there. Scharfenberg: I ’d stop over there. I would stop over and talk to them. Johnson: Yeah, great idea. Scharfenberg: Because I can tell you one thing with one of the band teachers at Chan, unless it ’s right in front of him he ’s not going to do a whole lot about that type so you might have to do a little bit on your own over there too to get it promoted at Chanhassen. Park and Recreation Commission – October 22, 2013 10 Hoffman: And as a parent of a former band member, there are bands that will break up between now and then and there are bands that will form between now and then so that ’s why they ’re always so late. Carron: Alright, thanks Mitch. CARVER BEACH TREE CUTTING SETTLEMENT. Hoffman: Thank you Chair Carron. The Carver Beach trees. You have the settlement agreement that is in the City Council packet for Monday night and if Mr. Rockford pays this by tomorrow at the end of the business day at City Hall, then the City will recommend to the County Attorney that charges not be pressed against Mr. Rockford for cutting down the trees within Carver Beach Park. And if he pays this will be on the City Council agenda on Monday night for approval. Scharfenberg: So I take it Todd that this not only takes care of the cost but any criminal charges potentially that would be pending as well? Hoffman: Correct. If he makes payment, signs the agreement, that would, it ’s a release of claims and settlement agreement. Scharfenberg: Okay. Hoffman: And then the City is planning on replanting the 17 trees, or planting a new 17 trees next week at this site. Carron: Same or similar species then? Hoffman: Similar species. Obviously much smaller but. Carron: That ’s too bad. Alright. HIGHWAY 41 HIGHOVER STAIRWAY. Hoffman: Highway 41 stairway. Any more questions on that? Okay. Unfortunately we ’re in the position where Tice Construction did not complete the stairway. At the beginning of the year this was our, really one of our highest priorities if not our highest priority. The wet spring didn ’t help anything getting started but then we met on a number of occasions and September seemed to be the time when he thought he would be there and that never came to be. So right now what we ’re doing, we don ’t think it ’s in our best interest even if he could get there in November to be pouring concrete in November so we stabilized the site. Hydro mulched it. Been in contact with the property owners. Very understanding of the situation thankfully. We ’ve held up the property owner to the south for the entire summer with their landscaping and so now our recommendation to them is to finish their landscaping and we will maintain the 20 foot of city property and then when Tice Construction does show up next spring, that they ’ll have to build and construct that stairway within that 20 feet that we own. Carron: So that contract ’s moving forward then with them? Hoffman: With Tice? Carron: Yeah. Park and Recreation Commission – October 22, 2013 11 Hoffman: Yeah. It ’s a quote contract so there was no bid bond and so we ’ll continue to, at that price we ’ll continue to seek to have them complete that work in the spring. Carron: And he ’s, they ’ve honored that for next year? Hoffman: Yes. Carron: Okay, good. Ryan: Todd what does hydro mulch look like? I mean because I ’m by there every other day and that area is going to be just a mess. Carron: Green slime. Hoffman: They did it today. Ryan: Oh they did, okay. Hoffman: And they ’re going to put a second coat on it tomorrow. Ryan: Okay. And it just holds the hill in place? Hoffman: Yeah, it has seed in it and it ’s kind of a mulch that ’s mixed with water and then seed and then it ’s sprayed on to stop erosion and then to get some seed growing next spring before the project is opened back up. Ryan: And then at the bottom of, between where the hill comes down and then the trail, what is in place there for runoff and, is there anything to stop the runoff from the winter and the rains this fall? Hoffman: If there ’s not some erosion bags there now, they ’ll be putting those in. Ryan: Okay. Hoffman: They have to hold that off. And the County is also working on that drainage problem there with the weeping. Ryan: Yep. Hoffman: And we had that under contract. The County said no. We ’re going to have Wr aste e Construction do it but Wr aste e again has not come back to put in that draintile for the County for the trail project so we ’re still waiting on that as well. Ryan: Okay. HIGHWAY 41 PEDESTRIAN CROSSING. Hoffman: The good news on this is it will open tomorrow. It will not be hooked up to electricity as of yet but the new pedestrian crossing will open tomorrow. We ’ve been in contact with the principal up at Minnetonka Middle School West so they are grinding off the old crosswalk which is right at the bottom of the driveway to the school and they ’re signing the new crosswalk. Currently the pedestrian signs are 3 footers. They ’re 36 inch and they ’re going to replace those with 48 inch for that new pedestrian crossing Park and Recreation Commission – October 22, 2013 12 to make them even more visible and then once Xcel gets to hook up the power the school kids and the public, general public will have the ability to press that button and light up those flashing crossing arms above there. Carver County deputies understand what ’s going on so they ’ll be watching traffic and how they respond. Studies will tell everybody that half of the pedestrian crashes are caused by the pedestrians really non-attentive activity and half by traffic and so it ’s a two way street. You know if you ’re not in the pedestrian crossing cars will still be going through. Once you press that button and start to enter then they should be crossing so it ’s really, takes both the pedestrian and the driver to make a safe crossing. Carron: I think that will be a good case study with it. If you guys haven ’t driven by that, it sticks out. You can tell it ’s new and I think it will grab attention of a lot of people so. Hoffman: The school ’s very happy and very appreciative and Mayor Furlong worked really hard on behalf of the students and the city to make that happen so we appreciate that. PIONEER PASS PARK TREES, GRADING AND FINAL SEEDING. Hoffman: Moving down to Pioneer Pass Park. The trees were planted about 2 weeks ago but we rejected over half of what Cedar Ridge Landscaping had brought to the site so they had poor quality trees on the job and they were planted improperly. Some sloppy workmanship on the project. Cedar Ridge decided instead of bringing back new trees, in an attempt to meet the specification that they were just going to quit the job and they took all of the remainder of the trees that we did not reject out of the ground and left the project. K-A with the general contractor then had to seek another bid from a different contractor which was six and a half thousand dollars higher than the original bid from Cedar Ridge but being under contract for the project, Hoffman and McNamara will be there tomorrow to plant the new trees. We don ’t anticipate any issues. They understand what the specifications are on the project and so we want good quality trees planted in the proper fashion and that ’s what we ’re looking to get. Carron: So at this time of year with the trees and the leaves are obviously falling off, you wouldn ’t accept them until next year when they start budding again or? Hoffman: We can tell what the trees, we can tell the quality of the trees even with the leaves off. They do have a one year warranty so yeah, we can tell the quality of trees when they go in even when the leaves are off and so by the time, I think we ’ll be just about 100% planted out tomorrow and inspected and if there are any trees that are not acceptable and do not meet specifications, we ’ll reject those and they ’ll have to bring new ones as well. Scharfenberg: So Todd, how many trees total planted at the park? Hoffman: It ’s about $18,000. I think we ’re in the 25 tree, 25 range. Something like that. Scharfenberg: Okay. Hoffman: And then the site will be graded and then seeded, dormant seeded hopefully by Friday of this week if the site dries out enough. And if not sometime next week or the week after. Dormant seeding is made and then this site will also be 100% hydro mulched and so it will be graded, fine graded, finish graded. Seeded and then hydro mulch and so the seed will go down on the top of the soils and the hydro mulch will go over the top of that. That holds it until next spring when the moisture comes up. Once your moisture is there and the heat, the spring heat then the seeds germinate in the spring and you get a good stand of grass that way. Mr. Thunberg, Commissioner Thunberg was very confused when his trees left the site. Park and Recreation Commission – October 22, 2013 13 Carron: Packed up and leaving town. Hoffman: What the heck is going on? He has the update already. Thank you. Carron: Okay. COMMISSION MEMBER COMMITTEE REPORTS . None. COMMISSION MEMBER PRESENTATIONS. Carron: Any commission member reports? Ryan: I don ’t have any reports but two things that I forgot to mention earlier. Will we circle back around on how the AIS inspections went this summer? That didn ’t happen last meeting correct? Hoffman: No. Ryan: Okay, so for the next meeting will you have an update on how everything went this year? Hoffman: We ’d like to. You can also, I ’ll send you the copies that goes to the City Council on Monday night. So Monday night at their work session they get the update on the program. Very successful again in 2013. No zebra mussels identified this year. Inspection numbers were up. Inspections per hour were up slightly. The number of transported weeds was down but the number of boats arriving with their bilge plug in place was up pretty significantly actually percentage wise. So those were the basics of the program. The complete report is finished and once I email it, or once the council receives it I ’ll email it out to you so. Ryan: Thank you. Scharfenberg: And just to follow up on the AIS question is, is there a proposal for next year? Has that been put forth to the council yet for? Hoffman: That ’s part of the presentation. You ’ll see it in the packet so my recommendation is to continue the program as is with all of the funding partners in place. That ’s the DNR at $7,750. Lotus Lake Conservation Alliance at about 12 1/2 thousand. The City of Chanhassen right about 12 1/2 thousand and then the Riley-Purgatory Creek watershed district is in the $27,000-$28,000 range. We ’re also recommending that the council purchase cell phones and data plans and use the DNR application for recording the data. Right now it ’s a pretty cumbersome process. They record all that data on paper. We wanted to do that for at least a couple years to see where this program was going. If it was going to stay around. If it wasn ’t going to stay around. It ’s really a lot of duplication and data collection and analysis and assembly. It also, the data plan and the app will provide increased efficiency. Increased accuracy and it also provides us a way to understand if the inspector was there when they ’re scheduled because they have to be entering, you know when you hit the button send it ’s at 6:05 a.m., then we know that they ’re there at 6:05 a.m. and they ’re doing their job inspecting boats. Ryan: And I know that ’s your recommendation. Have you been working with the LLCA? Do they support the same recommendation or do they have other recommendations? Hoffman: I don ’t know about the LLCA. Laurie Susla does not support that. We had another conversation today but we just met last week. We brought in the LLCA, Watershed District to sit down and talk about the 2014 program and so you know my suggestion to her is that she present that to the Park and Recreation Commission – October 22, 2013 14 council as a part of the presentation at the council meeting. After that meeting. She would still like to see a centralized program with gates on the city lakes and I just don ’t think the council ’s going to support that but again that ’s up to her if she wants to present that. Ryan: And then one more thing. I am attending, we all got the email from Todd about the Beyond the Yellow Ribbon and I will be there on Thursday helping landscape so I have a hard time to making it to a lot of our afternoon events but I will be representing the commission this Thursday landscaping at Beyond the Yellow Ribbon. Carron: Great. Hoffman: Some of you were at the ribbon cutting for the, talk about that. Rice Marsh Lake trail. Boettcher: And I didn ’t get caught with a cookie in my hand this time. Although you could have caught all of us with a piece of cake but it was really quite interesting. I mean there was a lot of enthusiasm . The, what were they called? The Old Spokes? Hoffman: Old Spokes. Boettcher: Yeah. They came and they all had the matching shirts and everything and they ride all the trails and then Cole came up. I thought he was one of them too age wise but he, it was very fun. I mean the Eden Prairie, the City of Eden Prairie, the Mayor, she was on a bike. Mayor Furlong was on a bike. The wheels were touching and then they both had a little speech they gave and but really a lot of enthusiasm. We talked to the people that were there, I mean they just love all the trails and they ’re just bragging. The Father came from St. Hubert ’s. He just loves all these trails. He ’s got all of them memorized. He had the distance down, 3 point whatever miles and he was going to add that and he would be 18 a day and so, really a lot of enthusiastic people out there that love all these trails. They just spend a lot of time on them too so good time. Rick was there too and Cole and Todd and Jerry and Mitch. Scharfenberg: If you haven ’t had the chance to walk the trail, I suggest that you guys go out and do it. It is a beautiful trail. Just a real, I think it ’s probably one of the nicest loop trails that we have in the city. The nicest. Just very spectacular views of Rice Marsh and it was very well done. ADMINISTRATIVE PACKET. Carron: Anything to point out? If not, I entertain a motion. Scharfenberg moved, Boettcher seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and Recreation Commission meeting was adjourned. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim