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City Council Packet 12-9-13AGENDA CHANHASSEN CITY COUNCIL MONDAY, DECEMBER 9, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD 4:30 P.M. - EXECUTIVE SESSION, FOUNTAIN CONFERENCE ROOM City Manager's Performance Review CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Final Review of 2014 Budget, Tax Levy & Capital Improvement Plan (CIP) 2014 proposed budget.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 November 25, 2013 and December 2, 2013 11 -25 -13 -cc -ws.pdf, 11 -25 -13 -cc -sum.pdf, 11 -25 -13 -cc.pdf, 12 -2 -13 -cc -ws.pdf, 12 -2 -13 -cc -sum.pdf, 12 -2 -13 -cc -tnt.pdf Receive Planning Commission Minutes dated November 19, 2013 11 -19 -13 -pc -sum.pdf, 11 -19 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated November 26, 2013 11 -26 -13 -prc -sum.pdf, 11 -26 -13 -prc.pdf 2014 Street Reconstruction Projects: Accept Feasibility Report; Call Public Hearings 2014 street project accept feasibility study and call ph.pdf TH 101 Improvements: Approve Stipulation of Settlement for Parcel #4 th 101 stipulation of settlement for parcel 4.pdf Approve Summary Ordinance 584 for Publication Purposes for Massage Business Licensing. massage therapy ordinance.pdf 8821 Sunset Trail -Planning Case 2013 -25 Request for an Interim Use Permit to grade property for construction of a single - family home on property zoned Agricultural Estate District (A2) and located at 8821 Sunset Trail. Applicant: Mark Undestad 8821 sunset trail interim use permit.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. NEW BUSINESS Consider Amendment to Chapter 4 of City Code Concerning Fees fees.pdf Consider Amendment to Chapter 19 of City Code Concerning Hookup and Connection Fee Interest Rate assess connection fees.pdf Approval of Franchise Renewal Agreement, Mediacom cable tv franchise agreement.pdf Consider Final Adoption of the Levy, 2014 Budget, and 2014 -2018 Capital Improvement Program (see report for Item B -1) COUNCIL PRESENTATIONS Announce Results of City Manager's Performance Evaluation, Mayor Furlong (verbal) 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. 1. B.5:30 P.M. 1. Documents: C.7:00 P.M. D. E. F. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. Documents: 6. Documents: 7. Documents: G. H. 1. Documents: 2. Documents: 3. Documents: 4. I. 1. J. K. Documents: L. AGENDA CHANHASSEN CITY COUNCIL MONDAY, DECEMBER 9, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD 4:30 P.M. - EXECUTIVE SESSION, FOUNTAIN CONFERENCE ROOM City Manager's Performance Review CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Final Review of 2014 Budget, Tax Levy & Capital Improvement Plan (CIP)2014 proposed budget.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 November 25, 2013 and December 2, 2013 11 -25 -13 -cc -ws.pdf, 11 -25 -13 -cc -sum.pdf, 11 -25 -13 -cc.pdf, 12 -2 -13 -cc -ws.pdf, 12 -2 -13 -cc -sum.pdf, 12 -2 -13 -cc -tnt.pdf Receive Planning Commission Minutes dated November 19, 2013 11 -19 -13 -pc -sum.pdf, 11 -19 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated November 26, 2013 11 -26 -13 -prc -sum.pdf, 11 -26 -13 -prc.pdf 2014 Street Reconstruction Projects: Accept Feasibility Report; Call Public Hearings 2014 street project accept feasibility study and call ph.pdf TH 101 Improvements: Approve Stipulation of Settlement for Parcel #4 th 101 stipulation of settlement for parcel 4.pdf Approve Summary Ordinance 584 for Publication Purposes for Massage Business Licensing. massage therapy ordinance.pdf 8821 Sunset Trail -Planning Case 2013 -25 Request for an Interim Use Permit to grade property for construction of a single - family home on property zoned Agricultural Estate District (A2) and located at 8821 Sunset Trail. Applicant: Mark Undestad 8821 sunset trail interim use permit.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda. NEW BUSINESS Consider Amendment to Chapter 4 of City Code Concerning Fees fees.pdf Consider Amendment to Chapter 19 of City Code Concerning Hookup and Connection Fee Interest Rate assess connection fees.pdf Approval of Franchise Renewal Agreement, Mediacom cable tv franchise agreement.pdf Consider Final Adoption of the Levy, 2014 Budget, and 2014 -2018 Capital Improvement Program (see report for Item B -1) COUNCIL PRESENTATIONS Announce Results of City Manager's Performance Evaluation, Mayor Furlong (verbal) 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.1.B.5:30 P.M.1.Documents:C.7:00 P.M.D.E.F.1.Documents:2.Documents:3.Documents:4.Documents: 5. Documents: 6. Documents: 7. Documents: G. H. 1. Documents: 2. Documents: 3. Documents: 4. I. 1. J. K. Documents: L. AGENDA CHANHASSEN CITY COUNCIL MONDAY, DECEMBER 9, 2013 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD 4:30 P.M. - EXECUTIVE SESSION, FOUNTAIN CONFERENCE ROOM City Manager's Performance Review CITY COUNCIL WORK SESSION IN THE FOUNTAIN CONFERENCE ROOM Final Review of 2014 Budget, Tax Levy & Capital Improvement Plan (CIP)2014 proposed budget.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 November 25, 2013 and December 2, 2013 11 -25 -13 -cc -ws.pdf, 11 -25 -13 -cc -sum.pdf, 11 -25 -13 -cc.pdf, 12 -2 -13 -cc -ws.pdf, 12 -2 -13 -cc -sum.pdf, 12 -2 -13 -cc -tnt.pdf Receive Planning Commission Minutes dated November 19, 2013 11 -19 -13 -pc -sum.pdf, 11 -19 -13 -pc.pdf Receive Park & Recreation Commission Minutes dated November 26, 2013 11 -26 -13 -prc -sum.pdf, 11 -26 -13 -prc.pdf 2014 Street Reconstruction Projects: Accept Feasibility Report; Call Public Hearings 2014 street project accept feasibility study and call ph.pdf TH 101 Improvements: Approve Stipulation of Settlement for Parcel #4 th 101 stipulation of settlement for parcel 4.pdf Approve Summary Ordinance 584 for Publication Purposes for Massage Business Licensing.massage therapy ordinance.pdf 8821 Sunset Trail -Planning Case 2013 -25 Request for an Interim Use Permit to grade property for construction of a single -family home on property zoned Agricultural Estate District (A2) and located at 8821 Sunset Trail. Applicant: Mark Undestad 8821 sunset trail interim use permit.pdf VISITOR PRESENTATIONS See guidelines for Visitor Presentations at the end of the agenda.NEW BUSINESS Consider Amendment to Chapter 4 of City Code Concerning Fees fees.pdf Consider Amendment to Chapter 19 of City Code Concerning Hookup and Connection Fee Interest Rate assess connection fees.pdf Approval of Franchise Renewal Agreement, Mediacom cable tv franchise agreement.pdf Consider Final Adoption of the Levy, 2014 Budget, and 2014 -2018 Capital Improvement Program (see report for Item B -1)COUNCIL PRESENTATIONS Announce Results of City Manager's Performance Evaluation, Mayor Furlong (verbal)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.1.B.5:30 P.M.1.Documents:C.7:00 P.M.D.E.F.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:7.Documents:G.H.1.Documents:2.Documents:3.Documents:4.I.1.J.K.Documents:L. CHANHASSEN CITY COUNCIL WORK SESSION NOVEMBER 25, 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, Greg Sticha , and Lt. Jeff Enevold PUBLIC PRESENT: Scott Smith 30 Hill Street Ron Kleve 7307 Laredo Drive Tom Devine 7640 South Shore Drive CONTINUE DISCUSSION ON UTILITY RATE STUDY. Greg Sticha highlighted changes made to the utility rates due to previous discussion regarding tiers and connection fees. Due to concerns expressed with using the apartment complex on Galpin Boulevard in their assumptions , staff recommend ed taking those numbers out of the assumptions . Mayor Furlong asked for clarification on zoning of the apartment com plex property and how development of Powers Pointe affect ed the rates. DISCUSS UPDATED 2014 GENERAL FUND BUDGET. Greg Sticha reviewed work to date on the budget, upcoming schedule and update d information on the new sales tax law . Councilman Laufenburger and Mayor Furlong asked for clarification on sales tax changes. Laurie Hokkanen provided an update on the health care cost increase of 13.7% . Greg Sticha discussed the effect of hiring a full time fire chief for 2014 and possible expenditure reductions to get to Scenario #3. Councilman Laufenburger asked for information on how the scenarios were established. Todd Gerhardt provided history of lifeguards at Lake Ann Park and the impact of eliminating the lifeguard contract from the budget. Councilwoman Ernst asked about the City ’s liability if lifeguards are not present at Lake Ann. After discussion council members agreed to continue wi th the lifeguard contract at current service levels. Todd Gerhardt and Laurie Hokkanen discussed the effects of reducing CSO hours. Council members asked for clarification of the r esponsibilities , hours, training , availability of future candidates, costs associated with contracting with the sheriff ’s office, and the impact of reduced CSO hour. After discussion Councilman Laufenburger and Councilwoman Ernst stated support for reducing CSO hours as outlined in Option 2. Councilwoman Tjornhom and Councilman McDonald stated support for keeping the CSO hours as they are currently. Mayor Furlong expressed support for keeping the CSO in-house at the current hours. Councilman Laufenburger asked if 60 hours a week for CSO coverage is enough. Greg Sticha explained staff will recommend scenario #3 for the budget on December 9 th . Todd Gerhardt explained that the power point presentation on December 2 nd will include the levy used in Scenario #2. Councilwoman Ernst commended staff on the ir work to find reductions. The work session was adjourned at 6:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 25, 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 PRESENT: Brian and Jan Johnson 8120 Pinewood Circle Chris Bagdons Highway 7 Dana Muller 8850 Sunset Trail PUBLIC ANNOUNCEMENTS: Mayor Furlong read an invitation to the annual Tree Lighting Ceremony which will be held on Saturday, December 7 th at 5:00 p.m. CONSENT AGENDA: Councilman Laufenburger 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 November 12, 2013. 2.Receive Planning Commission Minutes dated November 5, 2013. 3.Approve Agreement with MnDOT for Right-of-Way Settlement in Conjunction with the TH 5 Project. 4.Approve AFG Grant Application for Main Fire Station Exhaust System. 5.Resolution #2013-59: Approve Resolution Certifying Hookup Charges, Sewer Access Charge and Water Connection Charge. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold reminded everybody about thefts f rom vehicles before introducing Sergeant George Pufahl who discussed a call for service that resulted in apprehending someone stealing from cars and the I Got Caught program. Lt. Jeff Enevold continued talking about implement more positive reinf orcement programs in the future. Chief John Wolff discussed calls for service numbers, his mission trip to Liberia, Africa with an organization called the Fire Rescue Alliance before introducing his two new assistant fire chiefs John Murphy and Cor i Wallis who provided their background information. Chief John Wolff followed up with a reminder to all citizens to be careful with cooking and candles during the holiday season. City Council Summary – November 25, 2013 2 CHANHASSEN PIONEER CEMETERY, 8151 GALPIN BOULEVARD: REVIEW OF CITY CEMETERY PROPERTY AND OPERATIONS PER SECTION 2-46.03(5) OF CITY CODE, APPLICANT/OWNER: CITY OF CHANHASSEN. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Ernst asked staff to addr ess concerns regarding parking. Councilman Laufenburger asked about setback and buffer requirements, and maintenance costs. Councilman McDonald asked for clarification of the rates being charged for plots. Mayor Furlong asked about lighting, landscape buffering, future plans for a columbarium, and the financial analysis before opening the meeting for public comments. Doug Allen, 2250 Lukewood Drive commented that he believes the plots are priced too low and asked what would prevent someone from buying all the unsold plots . He asked for clarification of wording in the motion in regards to working with the neighbors on buffering. Jan Johnson, 8120 Pinewood Circle commented on the lack of parking, and concern over the loss of vegetation. John Noller, 2381 Timberwood Drive asked that additional landscape buffering be considered on the north side which borders his property, does not support t he expansion of the cemetery , submitted a report from the Northern Ireland Environmental Agency. Cemeteries, Burials and the Water Environment regarding ground water contamination, and submitted a petition signed by 42 neighbors who are against this expansion. Brian Johnson, 8120 Pinewood Circle, who se email is included in the packet, reiterated his concern with the lack of parking and associated safety concerns with the recent restriping on Galpin Boulevard. After comments from council members, staff was directed to prepare a revised site plan with landscaping and the columbarium as a long range plan for this property. CHANHASSEN GREAT PLAINS CENTER, 7905 GREAT PLAINS BOULEVARD: SITE PLAN REVIEW FOR A 10,500 SQ. FT. SINGLE LEVEL RETAIL CENTER, APPLICANT: NHH CHANHASSEN PARTNERS, LLC/OWNER: CAMELOT CONVENIENCE QUALITY FUEL AND FOODS. Kate Aanenson presented the staff report and Planning Commission update on this item. Councilwoman Tjornhom asked if there were any uses not permitted on this site. Councilman McDonald asked about removal of the underground gas tanks. Mayor Furlong asked about signage requirements. The applicant, Dean Devolos, 333 Washington Avenue North, Minneapolis explained how this type of project has worked in Edina and is looking forward to being in Chanhassen. Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the Chanhassen City Council approve the site plan consisting of a 10,443 square-foot multi-tenant building , Planning Case 2013-23 as shown in plans dated received October 4, 2013 , and including the attached F i n d i n g s o f F a c t a n d R e c o m m e n d a t i o n , s u b j e c t t o t h e f o l l o w i n g c o n d i t i o n s : E n v i r o n m e n t a l R e s o u r c e C o n d i t i o n s : 1.The applicant shall install a total of two peninsulas in the parking lot. 2.The south side of the parking lot along Highway 5 must be screened. The applicant shall add shrubs with a minimum mature height of three feet along the south parking lot perimeter. 3.The applicant shall install the required bufferyard plantings along the south property line. 4.The applicant shall install two evergreens on the eastern corner of the property. City Council Summary – November 25, 2013 3 5.The applicant shall remove the existing ash tree along Great Plains Boulevard and replace it with an overstory tree species from the Approved Tree List. B u i l d i n g O f f i c i a l C o n d i t i o n s : 1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule 1306). 2.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report required. 3.Detailed building code-related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. 4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks removal requirements). 5.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. F i r e M a r s h a l C o n d i t i o n s : 1.An additional on-site fire hydrant will be required. Location to be on the north/west corner of the building. If necessary contact Fire Marshal for exact location. 2.Yellow painted curbing will be required. Areas include but not limited to are the curbing north of the building. Contact Fire Marshal for exact location. Also “ No Parking Fire Lane ” signs will be required where yellow cubing is present. 3.A three-foot clear space must be maintained around fire hydrant. Engineering Conditions : 1.The sidewalk must be minimum five feet from the edge Great Plains Boulevard and the right turn lane. 2.A sidewalk easement is required over any portion of the sidewalk that does not lie within public right-of-way. 3.The sidewalk easement shall extend five feet beyond the edge of the sidewalk. 4.The developer must obtain a MnDOT permit for the portions of the sidewalks that will be within MnDOT right-of-way. 5.Prior to construction of the trash enclosure an encroachment agreement must be recorded to allow for the portion of the trash enclosure that will lie within the sanitary sewer easement. City Council Summary – November 25, 2013 4 6.A $7,600 security must be submitted to ensure that Great Plains Boulevard is properly restored after the utility work. This escrow will be released if the street patch is in good condition after one freeze-thaw cycle has passed. 7.The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. 8.Before the city signs the site plan agreement a $7,500 security must be submitted in case of damage to the existing sanitary sewer. 9.The existing sanitary sewer manhole in the northeast corner must be reconstructed due to the proposed grade changes in the area. 10.City water and sanitary sewer hook-up fees and the Met Council SAC fee will be due with the building permit and will be based on additional SAC units, if any. 11.Before site grading can commence the grading plan must be revised as follows: a.Label the existing contours. b.Label the Emergency Overflow (EOF) elevation. c.Ensure that the lowest opening of the building is minimum one foot above the EOF elevation. d.Ensure that all proposed contours tie into existing (for example, the proposed 954 contour south of the EOF does not tie in). a.Revise the grading on the northeast corner of the site so that the proposed grades do not exceed 3H:1V. 12.Storm water runoff rates must not increase under the 2-year, 10-year and 100-year return interval storms at any point where water leaves the site. 13.A Phase 1 Environmental Site Assessment must be performed on this site and made available to the city to determine the likelihood of encountering contaminated soils at the proposed biofiltration location. 14.The hydraulic calculations for the storm sewer shall be provided and approved prior to the city signing the site plan agreement. 15.The SWPPP must include all required elements under the NPDES Construction Stormwater Permit. 16.Rock construction entrance shall be measured from the bituminous saw cut. 17.The biofiltration area shall not be constructed until after the site is substantially completed. At a minimum, the base course shall be installed prior to construction of the biofiltration area. 18.The biofiltration area shall be protected from construction-related activities throughout site development. The SWPPP and Erosion Prevention and Sediment Control Plan must indicate how this will be accomplished. City Council Summary – November 25, 2013 5 19.Before the City signs the site plan agreement a $5,000 security must be submitted to insure compliance with the erosion prevention and sediment control plan. This will be released once a minimum of 75% of the site has been permanently stabilized and the sediment control BMPs have been removed. 20.The owner shall be responsible for the operations and maintenance of the rain garden facility. The applicant shall develop an operations and maintenance manual and provide a copy to the city prior to the City signing the site plan agreement. 21.The owner shall prepare and submit an annual report indicating that the biofiltration is functioning properly or, in the event it is not, what steps area planned to restore the functionality of the biofiltration feature. Planning Conditions : 1.The applicant shall work with staff to improve the screening of the parking lot through the use of berming and landscaping. Parking setbacks will be adjusted based on the screening plan. 2.All rooftop and ground equipment must be screened from views. 3.Sign illumination and design shall comply with ordinance. Signs shall be limited to the north and south elevations. 4.The exterior material for the trash enclosure must be of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. 5.A photometrics plan shall be prepared for the site. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. 6.The proposed development has a total hard coverage area of 67.2%. The applicant shall revise the plan to meet hard surface coverage ordinance requirements not to exceed 65%. 7.Snow storage shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER AMENDMENT TO CITY CODE CONCERNING MASSAGE BUSINESS LICENSING. Laurie Hokkanen presented the staff report on this item. Councilman McDonald asked for clarification of the dates for application and reduced fees if submitted by December 31 st . Mayor Furlong opened the meeting for public comment. Roxanne Wilden, a nationally certified massage therapist for 20 years, discussed her educational background and suggested that therapists should be licen sed by person, not by business, and that the City consider certifications. Chris Bagdons, co-owner of Ovations Health Spa at the corner of Highways 7 and 41, agreed that education is a huge part of the business and asked what he City Council Summary – November 25, 2013 6 should do if a patron comes in and solicits for prostitution. Staff told him he should call City Hall or 911 to let the sheriff ’s office handle the situation. Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City Council adopts an ordinance amending Chapter 10 of the Chanhassen City Code concerning licensing Massage Therapy Businesses, and further as an incentive to help in the assistance of the implementation of this new program, in recognition of the public service benefits of doing so in the quickest manner possible, and recognizing the businesses that have performed a service within the community, businesses that submit their applications prior to December 31 , 2013 would pay a reduced fee of $25 for the license and $125 for the background check for a total fee of $150. Otherwise the ordinance becomes effective as of January 1, 2014 and all businesses must have their applications submitted to the City by January 31, 2014 or they are in non-compliance with the statute. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER PLANS AND SPECIFICATIONS AND JOINT POWERS AGREEMENT FOR LYMAN BOULEVARD IMPROVEMENTS BETWEEN POWERS BOULEVARD AND AUDUBON ROAD. Councilwoman Tjornhom left during this item and did not vote. Paul Oehme introduced Lyndon Robjent, the Public Works Director and Darin Mielke, the Assistant Public Works Director for Carver County before presenting the staff report which outlined the scope of the project, funding sources, and schedule . Councilwoman Ernst asked staff if they had a cost estimate for undergrounding the electrical. In regards to an email in the packet from Mr. Dorsey , Councilwoman Ernst asked why a public hearing was not held with the condemnation of private property, why the access point was withheld, why a long term drainage plan is missing on the south side of the road, and clarification of bringing utilities to the Preserve development. Mayor Furlong asked about the source of funding for the cost of und ergrounding electrical service. Lyndon Robjent, Carver County Engineer explained that this has been a long process and they ’re looking forward to getting the project started, noting the County incorporated ideas from specifically Rick Dorsey and Jeff Fox on design details. Mayor Furlong opened the meeting for public comment. Jeff Fox, representing the Fox Family parcel south of Lyman Boulevard and west of Powers Boulevard, addressed his concern of providing a s econd access onto their property off of Lyman Boulevard. Jeff Franz who lives on the northwest corner of Sunset Trail and Lyman Boulevard stated he would prefer to see the inte rsection stay the way it is but understands expansion is good. He expressed his displeasure with the people handling the right-of-way easement acquisition process. A sim Syeda, 1561 Lyman Boulevard, agreed with Jeff Franz that it has been a very difficult process with the right-of-way easement acquisition, expressed safety concerns with no right turn lane into his property from a 55 miles per hour roadway, and requested that a fence, gate or landscaping be provided on his property. After comments from council members the following motion was made. Resolution #2013-60: Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approves plans and specifications, Joint Powers Agreement and Resolution for Improvements to Lyman Boulevard (CSAH 18) from Audubon Road to Powers Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong wished everybody a Happy Thanksgiving weekend. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt and Paul Oehme discussed the construction project associated with Highway 101 south of Lyman Boulevard to Pioneer Trail ; Todd Gerhardt informed the council that he will be attending the Public Utilities Commission (PUC ) hearing regarding City Council Summary – November 25, 2013 7 the Westgate transmission line in which the PUC staff is recommending, contrary to Xcel ’s burying the new transmission line along Highway 5, to go above ground. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 10:20 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 25, 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 PRESENT: Brian and Jan Johnson 8120 Pinewood Circle Chris Bagdons Highway 7 Dan a M u ller 8850 Sunset Trail Mayor Furlong: Thank you and welcome everybody here in the council chambers as well as those watching at home. We ’re glad that you joined us this evening. At this time I would ask members of the council if there are any recommended changes or modifications to the agenda. If not, without objection we ’ll proceed with the agenda as published. For those in the council chambers there are copies of the agenda on the table there as well. PUBLIC ANNOUNCEMENTS: Mayor Furlong: I ’d like to start with a public announcement and an invitation to attend the City of Chanhassen ’s annual tree lighting ceremony. With the holiday season approaching, I ’m excited to invite everyone to our annual Chanhassen tradition which is the lighting of the 2013 tree in City Center Park. Presented by the City, Buy Chanhassen and the Mustard Seed Landscaping Company. It ’s my pleasure to invite all residents, their families, friends to join us on Saturday, December 7 th at 5:00 p.m. in City Center Park. There ’ll be people of all ages enjoying the activities, including the official lighting of the park. Refreshments, caroling, gingerbread house displays, live reindeer and a special visit from Santa Claus. The event is free. Registration is not required. Please just show up. Dress for the weather and come and enjoy a great time as we light up our city park. CONSENT AGENDA: Councilman Laufenburger 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 November 12, 2013. 2.Receive Planning Commission Minutes dated November 5, 2013. 3.Approve Agreement with MnDOT for Right-of-Way Settlement in Conjunction with the TH 5 Project. 4.Approve AFG Grant Application for Main Fire Station Exhaust System. 5.Resolution #2013-59: Approve Resolution Certifying Hookup Charges, Sewer Access Charge and Water Connection Charge. Chanhassen City Council – November 25, 2013 2 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Lt. Jeff Enevold: Mr. Mayor, council, good evening. Over the past, can we get the, that ’s not mine. Technical difficulties. Thank you. Over the past few years we ’ve worked together to educate our citizens to eliminate temptations and opportunities for thieves stealing valuables out of cars. You may remember some of those conversations we ’ve had and get them to call the sheriff ’s office or 911 immediately when they see anything suspicious or out of the ordinary. Well, looking over the calls for service this weekend we had a couple calls for service where people left items in plain sight and unfortunately they were missing from their vehicles when they came back so it looks like we ’ve got a little bit more work to do to continue to educate ou r citizens here in Chanhassen. The good news though is tonight we ’re going to share a success story about a citizen who I ’m confident heard our message and they witnessed suspicious activity. Called the sheriff ’s office to report it while it was occurring and we ’re also going to update you on a program that we ’re currently participating in called the I Got Caught Program. That ’s why we got this guy here, Sergeant George Pufahl . He was on that call for service. The success story and he ’s also managing the I Got Caught program so I ’m going to ask him to step up here and update you on that. Sgt. George Pufahl : Hello. Mayor Furlong: Good evening. Sgt. George Pufahl : Good evening. I ’m Sgt. George Pufahl . With some of the good work of our deputies we were able to catch or get ahold of some people who were actually doing some car prowling or breaking into vehicles. On the 18 th of November the 500 block of 79 th Street here in Chanhassen, in the area of the Glass Cleaners, Pizza Hut, over in that area if you get a visual. Deputies responded to a suspicious activity call with a group of males, looked like they were peaking into car windows that were in the parking lot area. Those individuals kept moving on east, subsequently going into the Holiday gas station here in Chan. Deputies arrived on scene. Located those males inside the Holiday gas station. Through their investigation those individuals actually started shoplifting from the Holiday gas station. We located sandwiches. We located some cell phones that were on their persons, you know through the investigation. While we were there a victim came over from the area of the Glass Cleaners. Came over to us and said hey, I think my car was just broken into and I lost my cell phone or somebody stole my cell phone. Well sure enough one of the cell phones recovered was his so with that case you know we called Investigations. We interviewed everybody. We ended up arresting a person for a misdemeanor theft. Tampering with a motor vehicle and possession of stolen property so kudos to the officers that were on scene and worked very hard and the investigative team with Carver County Sheriff ’s Office so. And the citizen who called. I ’m sorry. And the citizen who called and alerted us to the individuals walking through the lot. If it wasn ’t for citizens looking out for other people, it would make our job very difficult so we really appreciate it when people do step forward and report suspicious activities to us so we can follow up and investigate it. This could have been a scenario where we may not have recovered the phone and so forth and these guys could have continued on and done more things throughout Carver County and Chanhassen area so. Mayor Furlong: So Sergeant who should people call if they see suspicious activity? Sgt. George Pufahl : When they do just call 911. Chanhassen City Council – November 25, 2013 3 Mayor Furlong: Okay. Sgt. George Pufahl : If they feel it is not an emergency of some sort and try to find that number it might be too late. It ’s best to just dial 911 so we can go ahead and act on it right away. It actually helps us tracking where that phone call came from as well so then we know the location, just in case the call gets disconnected and so forth so we can respond. Mayor Furlong: So people think 911 ’s for an emergency but in this situation suspicious activity, if they want somebody to respond. Sgt. George Pufahl : Absolutely. Mayor Furlong: 911 is the call. Sgt. George Pufahl : Yep. Call 911. I ’d prefer that. I ’d say it ’s the best way to get ahold of us. Mayor Furlong: Okay, very good. Sgt. George Pufahl : And then there ’s a positive program that we ’re taking part. It ’s called the I Got Caught program. It ’s with AAA has been sponsoring it. It ’s a way to help educate teens on safe driving. Safe driving behavior and activities and in the summertime we give out ice cream. Ice cream from Dairy Queen and so forth. The coupons so if we see you know little kids or somebody doing something good or wearing their helmets, we ’ll give them one of these coupons for wearing their helmets because they ’re doing something that ’s good and safe and they ’re not going to get hurt. Specifically for this program here it ’s, we are targeting teens wearing their seat belts so we want to reward the teens for you know, for wearing the seat belts and I got ahold of several cards from AAA and like I said, a lot of times we spend a lot of time enforcing seat belt laws and educating. Again this is a way that we can build positive relationships with the community and with the teens in our community. I gave these cards, they ’re basically little cards. They ’re music download cards that they have to go through the AAA website. They register and on there is a ton of great information for them about safety and our SRO. Our School Resource Officer at the Chanhassen High School was in the lot watching the kids come in and when he see them after they got parked he said here you go and explained to them the program and they were extremely appreciative of the card, plus free music. Who ’s going to complain about that and it was very well received so. Mayor Furlong: So you weren ’t pulling them over. Sgt. George Pufahl : No. Mayor Furlong: They might be a little nervous if that was the case. Sgt. George Pufahl : Yep, no, no. We want to keep it as positive and as friendly as we can so our, it was, it ’s just yes. Mayor Furlong: Okay, sounds like a great program. Good, thank you. Sgt. George Pufahl : Thank you. Lt. Jeff Enevold: Alright, I really think and I really like the positive reinforcement philosophy in that last program that George talked about and the McDonald ’s program and what I want to do is take this idea and expand it into our community here in Chanhassen. So what I ’ve done is I ’ve challenged the Chanhassen City Council – November 25, 2013 4 Chanhassen Sergeants and I ’ve asked Beth Hoiseth to brainstorm and think of other programs we could implement in the community next year that practices this philosophy of positive reinforcement. I ’m really excited about this and I think it ’s going to strengthen the already positive relationship that we have with our community members and as we move forward identify, develop and implement these programs I ’ll keep the council updated as we do that so that is our presentation for tonight. Any questions? Mayor Furlong: Thank you. Any questions for Lieutenant Enevold and the staff report? Common question, I see continued trends of calls for service, especially Part I and Part II crimes in 2013 being lower than last year. Are you seeing a trend there or it ’s just. Lt. Jeff Enevold: I think that ’s kind of the trend, well at least in Carver County and I haven ’t looked at other communities or comparison communities. I ’ll do that at the end of the year and bring that back to you probably in January or February. Mayor Furlong: Okay. That sounds good. Trend in the right direction. Great. Thank you. Lt. Jeff Enevold: Thank you. Mayor Furlong: Chief Wolff is here this evening with some other members of our fire department. Good evening Chief. Chief John Wolff: Good evening Mayor. Good evening council. Year to date our calls are up 8%. Last year if you recall we were down off of the average so we ’re pretty much plugging along where we would expect to be. We ’re probably going to hit 550 calls which has kind of been our average over the last 5 years. Myself and I asked Chief Siems, Jeff Siems. We just returned from Liberia in Africa. We were on a mission with an organization called the Fire Rescue Alliance and I know there ’s a pretty busy calendar tonight so, but we would like to take a few minutes maybe at a future meeting where we could kind of share some of that experience with the council. Mayor Furlong: That ’d be fine. Chief John Wolff: Great. So I left on the 2 nd of November and got back on the 16 th and while I was gone this town was pretty busy with a lot of fire activity so the rest of my team which I ’ll introduce shortly was pretty involved. Just to give you a rundown, we had a pretty major car fire down in the lower Y with a lot of wind so the chance of spreading into the woods down there but we were able to contain that fire. Behind the Dinner Theater we had a dumpster fire that was somewhat challenging. We had a mutual aid to Carver. Not Carver County but the city of Carver for a large commercial building they had burning down there. The day I got back Excelsior Fire had a real big fire on the lake up in Deephaven. Up in Cottagewood. We had 2 c himney fires while I was gone and I think the day after I got back we had a car versus house incident and unfortunately one of our residents had a heart attack and passed away but that first arriving officer found not only a medical emergency going on that the deputies and the paramedics were working but the garage was filling up with smoke and it was spreading. It turned into a car fire which we were able to contain. And then last Thursday we had a 3 alarm fire out on Leslee Curve. So Chanhassen is the first alarm. I was going to say to Lieutenant Enevold the deputy, and I don ’t have the deputy ’s name who arrived first before any of our personnel did an excellent job of providing a size up of what we had so it kind of told us this was going to be a tough fire so he did an excellent job providing that information. We ended up calling in, so the second alarm in that area brings in Victoria, Chaska and Excelsior. Each with a unit and then because of the stubbornness of the fire we were going to be, and we were there for almost 3 hours, we brought in Shakopee, Minnetonka, and Eden Prairie on the third alarm so kind of standard operating. When we went to Carver, I think we were their second or third alarm so it kind of, and when we went to Excelsior same deal there so it kind of goes both ways and the mutual Chanhassen City Council – November 25, 2013 5 relationships we have are definitely beneficial to all the fire departments. I did want to take a minute and just quickly ask my two new assistant chiefs. Ed Coppersmith and Rick Rice stepped down and replaced them with John Murphy and Cor i Wallis and if they would just come up and just kind of quickly introduce themselves if that ’s okay and. Mayor Furlong: Please. Good evening. Asst. Fire Chief John Murphy: Mayor, council. John Murphy. I ’ve lived in Chanhassen since 1984. I ’ve been on the fire department since 1991 so 21 plus years and my previous role here was battalion chief and with this new promotion I ’ll pretty much be in charge of personnel and officer and fire fighter development. In my other role with my other job I ’m a police officer at the City of Minneapolis and have been with them for 17 plus years and for them I am a canine handler so it ’s a pleasure to be here. Mayor Furlong: Great. Thank you. Asst. Fire Chief Cor i Wallis: Mayor, council, I am Cor i Wallis. I ’m recently appointed Assistant Chief of all the stuff, as John calls it so basically fire station ’s equipment, fire trucks, anything that we need to do our job I ’m in charge of. I ’ve been with the fire department almost 17 years. Grew up in Eden Prairie. I ’ve been here since ’95. I work full time for the City in the Utility department and that ’s about it. Mayor Furlong: Very good. Councilman Laufenburger: Cori? Asst. Fire Chief Cori Wallis: Yes sir. Councilman Laufenburger: I haven ’t had an opportunity to say this to you but I think were you not involved in initiating some of the activity that sent the fire truck to New York? Asst. Fire Chief Cori Wallis: Yes. I took the initiative. We saw it on Facebook about a little over a year ago and we sent that truck to Broad Channel Volunteer Fire Department. Councilman Laufenburger: Good results from that? Asst. Fire Chief Cori Wallis: Oh yeah. If you go on, if you look them up on Facebook, they ’re online with all kinds of stuff. That truck is their front line pumper and they love it. Councilman Laufenburger: Yeah, well congratulations and thank you for your initiative on that. Thanks Cori. Asst. Fire Chief Cori Wallis: You ’re welcome. Mayor Furlong: Good point, thanks. Thank you. Chief John Wolff: Just a final item from the fire department. It ’s been busy in November and this is kind of we call it fire season. It starts typically with the holidays. A lot of fires. Almost half the fires that start in homes are cooking related fires and there ’s lots of cooking that occurs during the holiday season so I just want to send out just you know ask the residents to be careful. Be careful with candles. Be careful with the decorations. Where you place Christmas trees relative to fireplaces and so forth and of course be very careful with cooking so I ’ll take any questions if you have any. Chanhassen City Council – November 25, 2013 6 Mayor Furlong: Thank you Chief. Any que stions for Chief Wolff tonight? Very good, thank you very much. Chief John Wolff: Thank you. Mayor Furlong: We ’ll look forward to hearing your report on your trips. Chief John Wolff: Absolutely, thanks. Mayor Furlong: Thank you. Let ’s move on to our items of new business. CHANHASSEN PIONEER CEMETERY, 8151 GALPIN BOULEVARD: REVIEW OF CITY CEMETERY PROPERTY AND OPERATIONS PER SECTION 2-46.03(5) OF CITY CODE, APPLICANT/OWNER: CITY OF CHANHASSEN. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the Planning Commission on their November 5 th meeting. The Planning Commission was acting under their powers and duties as really advisory role. As I stated in your cover memo there, there were 5 members that participated in the discussion. One member was absent and one recused himself as being a neighbor in that neighborhood so while they didn ’t take a formalized vote, they collectively came their opinion on that and I think we ’ll summarize that here in a minute so they did listen to the comments from the neighborhood and expressed concern. They felt that it was a cemetery and since it had been established for a long time felt strongly that it was a cemetery but they did express concerns regarding the visual impacts. The tree loss, parking and economic impact so we ’ve got some additional information for you on that which we ’ll go through in the meeting here tonight. In addition to that, regarding the parking concerns and on Galpin we believe the number of parking spaces, the peak demand would not change over time in how it ’s being functioned. Again there ’s no lighting at that cemetery and how it ’s being used a number of burials in any given year. So the County did stripe that road and kind of did it in the field. Kind of did a field design so it is a surmountable curb. Cars can pull off the road but we can look at that area, extending that a little bit further to the east to accommodate, excuse me, taking the service road to accommodate maybe a hammer head turn around. That main drive that would go in. That would also accommodate some additional parking there so don ’t believe that is a concern. And then in addition the staff is looking for direction from the City Council regarding the future planning for a columbarium on the site. A columbarium is a vault with, it ’s just for urns containing ashes so this item was not included at the Planning Commission. Again the Planning Commission was really kind of looking at the transition and the neighborhood issues so again looking at the long term development of the cemetery so just looking for some feedback on that. So I ’ll go through the staff report as presented to the Planning Commission with some of those updates. Mayor Furlong: Thank you. Kate Aanenson: Again the location of the site, 8151 Galpin Boulevard. The surrounding neighborhood in the Timberwood subdivision is zoned RR, larger lots. 2 1/2 acre lots and then the surrounding lots to the south of them would be RSF, the residential single family. The Timberwood Estates, the RR zoning district is where this is located. Kind of zoomed in on that area. The original part of this cemetery was actually established in 1861 and when the Timberwood Estates was platted back in the 1987-88 there was discussion about including this because there was actual burials in this part at that time so the City had, or the cemetery itself had already established rights for use of that property. There was discussion with the Timberwood plat to actually acquire more property. At that time, as in our large lot you have to have 2 1/2 acre minimum. The developer would have lost a lot so at that time this property was then extracted and donated and included as part of the cemetery so therefore those plots that were already had burials on Chanhassen City Council – November 25, 2013 7 them were included in the cemetery so the original boundaries of the cemetery went to, where we ’re showing today and I think that is one of the discussion points that the Planning Commission felt like it ’s kind of that, that is the limits of the cemetery. The other discussion was on existing trees. Location of trees. Changing the character of the cemetery itself. Certainly low density, low density as we look at our zoning ordinance we don ’t require typical buffering on this but certainly being a good neighbor that was one of the discussion points that we wanted to get input from the neighbors was, transitional buffering or landscaping between existing uses so the forester did go out and identify, there ’s 32 trees on the eastern property line and only 8 of them are of desirable species or of size, and many of those are box elders, poplar, or ash and these trees may be small or maybe not be structurally sound so the goal would be then to clean up some of those trees from the site and then work with trying to be a good neighbor there and provide adequate buffering. Meeting with the neighbors along the southern and the western, excuse me the eastern property line to make sure that there ’s adequate buffer there. Councilman Laufenburger: Kate? Kate Aanenson: Yes. Councilman Laufenburger: Before you go forward. Could you just point out the property line, the property corners of the cemetery? Kate Aanenson: Sure. It ’s the, I don ’t know if you can see. Councilman Laufenburger: That ’s to the north. Kate Aanenson: Yep. Councilman Laufenburger: Yeah. That ’s to the east. Kate Aanenson: Yeah. I ’ll have another drawing here that will show it. Councilman Laufenburger: Okay, is there, oh okay. Alright. Kate Aanenson: So this is the original and then this was added on where there was already the burials in this, yeah. Councilman Laufenburger: Okay. Mayor Furlong: And then question for you too on this picture. Some of the trees have a red label. Some have a black label. Kate Aanenson: Yes. Mayor Furlong: What ’s the difference? Kate Aanenson: The red are the ones to be proposed, there are some trees out there that are larger but they ’re, they ’re fragile. They could fall down. We ’ve had a tree fall down out there recently so just looking at that, or they ’re not in good healthy shape. Mayor Furlong: So the trees that you looked at, if I ’m doing my quick count, the red ones number about 8 or 9 or something. Chanhassen City Council – November 25, 2013 8 Kate Aanenson: Correct. Approximately. Mayor Furlong: Okay, and those would be, the proposal is for them to be preserved or. Kate Aanenson: Yeah. Trimmed up if necessary but preserved correct. And getting a lot of the buckthorn that ’s out there cleared up. Mayor Furlong: Okay, thank you. Kate Aanenson: And I ’ll show you on this, some of those trees are in this green area right here so if you look at in the staff report, we identify there ’s 720 graves in this area that ’s kind of the yellow, but of that 720 only 612 are actually being used. Some of them are, have existing trees or encumbered otherwise so this green area is where on the south and then the east is where there ’s clearly right now a lot of buckthorn and some undesirable trees. Councilman Laufenburger: And of the green, the green is platted for grave sites? Kate Aanenson: Correct. Correct. Councilman Laufenburger: Okay. And have any of those been sold? Kate Aanenson: I don ’t think so. Councilman Laufenburger: Okay. Kate Aanenson: So what we ’re talking about then is this red area for continuation of development so that ’s approximately, if you took the dimensions of the site along this is about 275 feet here so that we ’re talking the 60 feet in additional right here so there is a property corner here which we talked about. When t his subdivision, Lukewood Drive put in, a retaining wall was put in place and that retaining wall plunked right over the property corner right here so one of our recommendations would then be to actually resurvey that and get that corner pin marked out there so we would know the, identify the limitations of that property corner. So within that then we would work to create additional buffer along this property. There ’s probably about 10 feet in there and along this property line here to provide additional buffering. Again working with the neighbors to find out the adequate screening. The best places for those trees where we ’ve done that, or shrubs for view sheds and the like to see where the best place for those would be. We talked about the economic, kind of the cost summary that we looked at and we talked about a little bit of surveying other cities so I think the main point here is that the cemetery itself operates in the positive and we expect that to be true going forward into the future so our intent is to look at a rate for the, a change in revenue for the rate that we charge resident and non-resident rate so that was factored into the formula itself here. The resident rate and then the non-residential rate per plot. And then looking at those rates we went through and looked at our key financial cities and looked at what they were charging for the plots itself. So I didn ’t include that. It is in your packet but if you had questions on that I can go through that or the City Manager can talk to that too so again operating in the positive. We believe that will continue into the future so with the outcome of that we would continue to work with the neighborhood. I ’ll go to the recommendation then. We ’d want to survey the property. Work on the tree removal and the grading and get the perimeter landscaped immediately as that, as soon as we would clean it and then again work with the neighbors and then we talked about that drive, the main drive so people could park in there without backing out. That we create some sort of a turn around or a hammer head at the end of that and then we ’d establish fees for the graves. $200 for Chanhassen residents and $500 for non-residents. We often have family members here that want their parents at this cemetery closer so with that I ’d be happy to answer any questions that you have. Chanhassen City Council – November 25, 2013 9 Mayor Furlong: Thank you, questions for staff. Councilwoman Ernst. Councilwoman Ernst: So Kate can you talk a little bit more about the parking because I know that there were some concerns with the parking. Kate Aanenson: Yeah right now people park along this street right here and then they would park, there ’s a driveway here, we would continue that and then put somewhere in here a turn around. Again most, because there ’s no lights at this cemetery you know it ’s pretty low key. We talk about there ’s 6-8 burials a year so you don ’t have normally, that doesn ’t mean people aren ’t visiting but you wouldn ’t have the same number of people as you would go for a burial. As you would that someone would want to go place flowers or go visit a grave. That ’s you know one or maybe two cars that would come sporadically but as far as the burial itself would be different. Councilwoman Ernst: So was it the logistics of the parking or was it the capacity of the parking that was the concern? Kate Aanenson: Well I think some of it people commented on the striping itself but we believe you know if there is a larger group they typically contact with the sheriff ’s office just as they would at the St. Hubert ’s Cemetery if they needed extra security or extra parking controls or something like that. Councilwoman Ernst: Okay. And staff feels that there ’s, that it ’s very adequate? Kate Aanenson: For the few times. Councilwoman Ernst: The way it ’s designed. Kate Aanenson: For the six times a year, yes. Councilwoman Ernst: Okay. Mayor Furlong: Other questions? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate can you just talk a little bit about, you use the term buffering versus the term setback. Is there any setback requirements along these property lines? Kate Aanenson: No, not by ordinance. No. Councilman Laufenburger: Okay. Kate Aanenson: This is governed by the city ordinance so it ’s, was incorporated back when the City adopted a separate regulatory control on that and that ’s Chapter 8 of the City Code. Cemetery, there was no setback for any buffer setback. Councilman Laufenburger: So the buffer, the buffer is not required. Kate Aanenson: The way our zoning ordinance reads today, no. Between low density land uses. But again we, you know there ’s a visual impact certainly recognize going both ways. Councilman Laufenburger: Sure. Chanhassen City Council – November 25, 2013 10 Kate Aanenson: Someone in their back yard looking across or in their front yard looking across or someone that would be in the cemetery looking across at an active area so I think just putting some landscaping in there. Councilman Laufenburger: So your plans essentially include using the property as shown here on the screen. Using the property up to the property line except 10 feet of buffer on the east side and the south side, is that correct? Kate Aanenson: That ’s correct. Councilman Laufenburger: And how about the north side? Kate Aanenson: The north side the plots go right to the property line on that side. Councilman Laufenburger: Okay. And those are, those are grave plots that have been in place for a long, long time, right? Kate Aanenson: The yellow ones would be, yes. Councilman Laufenburger: Yeah the yellow ones. Okay. Kate Aanenson: Yes. Councilman Laufenburger: So the green and red which you show are just following that same line. Kate Aanenson: That ’s correct. Councilman Laufenburger: Okay. Alright. Kate, you talked about, in the report you talked about an anticipated rate of usage that essentially if we build out the green and the red this will go for about 27 years approximately depending upon. Kate Aanenson: Yes. Councilman Laufenburger: Okay. Sales of course and how many people go in there. After that how would you, how would you support the maintenance of the cemetery? Would it just be maintained by city staff? Kate Aanenson: Correct. That ’s how it is today. Councilman Laufenburger: And today the cemetery is a property. The City hires city staff or we don ’t hire them but we incur the cost of maintaining by using city staff, meaning park and recreation for mowing and stuff like that. Kate Aanenson: That ’s correct and that was built into that cost summary, yes. Councilman Laufenburger: Okay. And also if somebody in the winter somebody wants to open a site, is that opening of the hole to bury an individual, that is a cost incurred by the people who own the lot is that correct? Kate Aanenson: That ’s correct. Chanhassen City Council – November 25, 2013 11 Councilman Laufenburger: Okay. Okay. That was all I had for right now. Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions? Councilman McDonald. Councilman McDonald: Kate you talk about the fee being $200 and $500. Are those one time fees or are they continuing fees? Kate Aanenson: I ’m not sure. Todd Gerhardt: It would be a one time fee for the plot and then there are some additional costs to locate the plot corners and that ’s the, I think it ’s the $50 for that and then the funeral director, or whatever funeral home that they may work with, there ’s additional cost in digging the grave and any special patrol of officers that is needed. Councilman McDonald: Okay, but there ’s no annual fee for like maintenance or any of those things, is that right? Todd Gerhardt: No. Councilman McDonald: Okay. Now the other thing within the red zone is where, well I guess the red and the green zone is where most of the trees are at. By the time that we would take those down, is it also your plan to kind of redo the landscaping that you know we could now either sod or so grass seed and actually grow some grass in that area? Kate Aanenson: Correct. I think the best way to do it is to, to grade it now and then get the re-establish the trees as soon as pos sible instead of trying to do it incrementally. Trying to get i n there and so you ’ve got that. Everybody knows what they agreed to. What works for buffering and get in there and grade it. Get the seed established. Councilman McDonald: Okay. That ’s all the questions I have. Mayor Furlong: Okay, thank you. Any other questions at this time? Ms. Aanenson, just a few questions. Follow-up questions. There is no lighting currently in the cemetery, is that correct? Kate Aanenson: That ’s correct. Mayor Furlong: And there ’s no proposal at this time to add any lighting. Kate Aanenson: That ’s correct. Mayor Furlong: Okay. And then with regard to the landscaping along the east and southern property lines, is it your expectation to work with the neighbors to identify where in terms of the location of the types of either shrubs or trees that would be part of that landscaping. That buffer. Kate Aanenson: Yes. It would be our goal then to have a neighborhood meeting and then those that have the visual impact, to work to try to provide the best location of vegetation for those purposes. Mayor Furlong: Is it part of the plan to completely obstruct the view of the, from the, along those … Kate Aanenson: Well the best we can I think we want to look at, to make it also aesthetically pleasing you know so, yeah. Chanhassen City Council – November 25, 2013 12 Mayor Furlong: So it could include perhaps some shrubs. Some overstory trees along the property line. Kate Aanenson: That ’s correct. Mayor Furlong: Might be some of the options. Kate Aanenson: Yes because I think in the summer it ’s you know, you obviously see less of it so trying to do all deciduous , I ’m not sure, you know try to find that right mix. Working with the City Forester on that recommendation. Mayor Furlong: Okay. Alright. Can we talk a little bit more about the columbarium and just the thoughts there. And that ’s obviously not included in this site plan currently. Kate Aanenson: That ’s correct. Mayor Furlong: So that might be something that we ’d have to. Kate Aanenson: Something we would come back in the future. Mayor Furlong: We could come back and talk about. Kate Aanenson: Yeah, just to get your thoughts on that and then we would come back at a future date with more information about tha t. Cost and that sort of thing so. Mayor Furlong: Okay. Kate Aanenson: So just kind of maybe just a read if that ’s something that you may want to consider. Mayor Furlong: Currently if someone chooses cremation they ’re buried in half of a grave plot correct? Kate Aanenson: That ’s correct. And only 2 per grave. Mayor Furlong: Okay, and with the picture in our staff report it looks like for the land area there ’d be much more availability for these niches , or there ’d be more niches for the given area taken up by the columbarium than half of a grave site. Todd Gerhardt: That ’s correct and you know a columbarium can be built to whatever size that you feel is appropriate and if this is something the council would like to see incorporated as we work with the neighborhood down the line on landscaping, maybe discussions with them on location also would be part of that discussion. Mayor Furlong: Alright. Thank you. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes. Councilman Laufenburger: Just a comment on that. I think the some sort of accommodation for what seems to be a trend towards cremation would be very appropriate. I ’d like to have some facts, whether it be from funeral directors or people who know the business. You know what ’s the trend? What ’s the pace Chanhassen City Council – November 25, 2013 13 at which cremation is being you know considered as an alternative but I think that just considering, if its ’ done well and done in a very solemn way I think this columbarium, which is a new word for me. I always thought it was a mausoleum but I mean words change. I mean selfie wasn ’t in the dictionary a month ago right? So I think that, I think it ’s consideration that I ’d like to give that some real strong consideration so thank you Kate for offering that up. Councilman McDonald: Mr. Mayor? Mayor Furlong: Mr. McDonald. Councilman McDonald: The question I would have on that, is it possible to build that as part of a wall at the back side and incorporate all that into it and that also could be used as part of a buffering between the properties? Kate Aanenson: I think that ’s something we ’d probably want to work with adjoining property owners to see, for visual impact where it might be a good spot for that. If that ’s something that would maybe have a few more visitors. Maybe be more centralized so that ’s something we would again I think to Councilman Laufenburger ’s point, I think finding out more where the trends, the size and trying to, what that means as far as you know where that would be best suited on the site. Councilman McDonald: Okay. Mayor Furlong: Another question with regard to finances, and you brought up the information. I know that was a question that was asked at the Planning Commission. About the costs and either Mr. Gerhardt or Ms. Aanenson, can you give us a quick summary of the analysis and from a high level standpoint and the results of your estimate? Todd Gerhardt: Sure. Well using the current rates you would have about $64,800 dollars in additional revenue that would be derived over the 27 years, and that ’s basically following the current pattern of one grave per month. That ’s what we ’ve been averaging for the past 15 years and if you go with the proposed rate change and just using two-thirds is residents and a third is non-resident, going with $500 per plot and $200 per plot for a resident and the $500 for non-resident, that would get you at $98,400. To develop the project you ’re looking at approximately $12,000. Site prep, survey costs and landscaping. Long term maintenance, we ’re looking at currently it ’s about $722 a year or $1.18 per grave and then adding the 324 additional graves, that would drive it up to about $1,100. And it takes about 2 hours for the crew to mow and prep the site. It ’s in our rotation for mowing like our neighborhood parks and so we use a lot of summer help in handling that. Currently we have about $38,850 in grave or plot sales from 1999 to 2013. We did make some capital improvements. The arch. The lettering. The landscaping. Stone work to the entry to the cemetery and that dollars were spent out of current reserves of $28,556. So currently using today ’s dollars you have about $58,250 cash on hand. You take into account previous capital projects. The expansion or development of the rest of the cemetery, you ’re at $56,924 so that leaves you a net $1,325. But what was not taken into account were the additional 12 years between 1999 and ’87 when the City took the cemetery over, and that roughly using $200 and 12 plots per year is an additional $28,800 so you do have after the development out of the cemetery you do have roughly $30,000 cash on hand. Mayor Furlong: And going forward the annual revenue less the annual expenses, there ’s a surplus there? Todd Gerhardt: Correct. Mayor Furlong: A projected surplus on an annual basis. Chanhassen City Council – November 25, 2013 14 Todd Gerhardt: Yes. Projected revenue. Mayor Furlong: I think it ’s just at the bottom of this screen. Councilman Laufenburger: $1,300? Todd Gerhardt: Yes. I kind of added that into my $28,800 to the $30,000. Mayor Furlong: Okay, and that would be on an annual, on a per year basis. Annual basis. I know that was a question asked at the Planning Commission but they didn ’t have the information for it so I wanted to. Kate Aanenson: Yeah and it ’s typically, the Planning Commission doesn ’t usually get into the economic part of it so we. Mayor Furlong: Fully understand. Kate Aanenson: Left that up for the City Council. Mayor Furlong: More of a use. Property use standpoint. Kate Aanenson: Correct. Correct. Mayor Furlong: Okay. Alright. Thank you. There was a public hearing held at the Planning Commission. We ’ve certainly read those comments as well. As well as the comments from the planning commissioners. This is not a public hearing but I guess my question is if there ’s anything, new information from members of the public based upon what was presented tonight that they ’d like to provide comments on, we ’d certainly take public comments. Mr. Allen, if you ’d like to come to the podium. Doug Allen: Mayor, council members, good evening. My name ’s Doug Allen. I live at 2250 Lukewood Drive which is on the southern edge of the property. Couple quick points and then just one thing in the motion that I would like to clarify or get some assurances on. The motion, well first of all my point is. I think that the economics are, I think the plots are priced way below market. Is there anything that would prevent any individual or group of individuals from buying all of them in mass at one time? Mayor Furlong: Mr. Gerhardt, do you want to talk a little bit about the, and the policies for resale there as well? Todd Gerhardt: Anybody buying a plot has to get a title from the City. You can not resale the lots without the City ’s approval so the City basically has the first option to purchase the plot back from the family. Doug Allen: Alright. Mayor Furlong: And just to clarify, we purchase, the City has the right to purchase it back at either the cost paid or the current cost whichever is lower so there ’s no opportunities for investments here. Doug Allen: Okay. I noticed in the comparisons, the average of the other comparison lots, many of which seem to be church owned. There ’s about $650, somewhere in that neighborhood and then just on Chanhassen City Council – November 25, 2013 15 my own research and plots that my family has elsewhere, the market really seems to be more in the $1,500 up to some that my family own that are $4,000. Why so low? I mean that ’s a question that I have I think from a revenue standpoint for the City that ’s probably too low. And then does that change the rate then at which these will sell if they were priced more fairly in the market so I think that should be factored in and taken into consideration. And then my other concern that I have as a property owner, the motion says that, it does say installation of a landscape buffer on the southern, eastern and southern property lines but the report really just speaks to, we ’ll try to do it. We ’ll work with the City. Can we get some assurances that there will be a buffer, especially from my point of view, on the southern edge. We ’d like to make sure that the language in the motion is a little stronger that says, that will be done versus the report which really just says, we ’ll look at it. So those are the concerns. Mayor Furlong: Alright, thank you. Ms. Aanenson. Kate Aanenson: …when it went to Planning Commission. The motion as proposed up here that says installation of landscape buffer. If Mayor if you, you know we could modify that to say you know work with the neighbors too. Doug Allen: And that ’s fine. I mean I like that wording because it gets stronger. Kate Aanenson: Yeah, we changed that from the Planning Commission. Doug Allen: And I just want … Kate Aanenson: Our intent is to work with the neighbors to get that. Doug Allen: Yeah, that is stronger than the report says. The report ’s a little bit softer so … Mayor Furlong: Well for clarification as well, just to be clear that a buffer doesn ’t necessarily mean completely. Doug Allen: Right. No, no I understand that. Mayor Furlong: Visual obstruction and that you won ’t see anything so. But it ’s working to see where ’s the best place to maybe plant some bushes or some trees and what works for both sides. People at the cemetery as well as the neighbors. Doug Allen: And just as a point, the City ’s getting a good deal on whoever ’s doing their tree service because I saw there ’s 22 or 24 trees that need to be removed and I just had trees removed from my yard at a cost of $800 per tree and mathematically at the retail rate that ’d be about $20,000 to remove those trees and I think there ’s only $5,000 in the report so that ’s a good deal. Kate Aanenson: We do a lot of tree removal and we do a lot of tree pruning in the city so we have competitive bids. Mayor Furlong: Okay, thank you. Jan Johnson: Good evening. I ’m Jan Johnson. I live at 8120 Pinewood so we ’re the property directly east, if you could show actually that picture. One of the comments I ’d like to readdress is the parking. So the picture that ’s actually shown there was taken quite a while ago. That road, Galpin was redone so there is now a turn lane down the middle of that highway so the shoulders are no longer wide enough to park on so the parking plan as I read it in the document is that directly in front of the cemetery it ’s a Chanhassen City Council – November 25, 2013 16 surmountable curb so there are a few number of cars that could pull up on the boulevard to park and there ’s no other parking that is wide enough for a car on any of the side streets or the rest of Galpin around that so that ’s a very, I think a high concern. That ’s a 45 mile an hour road so having people park on the curb, in the road, 45 miles an hour I think is just not a good situation or safety issue for the residents as well as the people attending funerals so. I also just want to make a point that the cemetery ’s very quaint. It is a pioneer cemetery. There are re-enactments. Taking all of the trees and the natural buffer in terms of the shrubs away from that is a big change to that cemetery so I don ’t know if you all have had an opportunity to be in that cemetery but it would, excuse me. I have a cold. It would very much change the look of that cemetery and the natural canopy of the trees and the shade around those properties as well as the cemetery so there ’s something about putting a 10 foot buffer right in terms of you know 10 feet of landscaping is not the same as having 30 feet or more of natural wooded buffer so I think if people could just consider that in terms of not only what it ’s doing to the properties around but how much it ’s changing the cemetery itself. As well as the loss of 24 trees so thank you. Mayor Furlong: Thank you. Councilman Laufenburger: Ms. Aanenson, just a comment on Ms. Johnson ’s question. Are there any parking restrictions on the north side of Lukewood Drive? Kate Aanenson: It ’s a public street so there ’s no parking, yeah. Councilman Laufenburger: So it ’s a public street. Kate Aanenson: Correct. Councilman Laufenburger: Okay. So that means no parking restrictions at this time? Kate Aanenson: Correct. Councilman Laufenburger: Okay. Mayor Furlong: And I think the same is true on Galpin isn ’t that right? Paul Oehme: Correct. Mayor Furlong: Okay. Alright. Okay, thank you. Any other comments that weren ’t included at the Planning Commission? John Noller: Council members, Mayor, thank you for your time. Mayor Furlong: Good evening. John Noller: My name ’s John Noller. I live at 2381 Timberwood Drive. I ’m the guy just to the north and first and foremost, if moving forward, if you guys do approve this plan I would very, I would like you guys to consider very much adding some buffer also to the north. There are several trees that will be removed in the green and red area and that would certainly decrease, I mean it would make viewing that much worst for us and I think that if everybody else is getting some buffer, we should probably get a little buffer as well. At least some consideration for it. Mayor Furlong: Question for you. Chanhassen City Council – November 25, 2013 17 John Noller: Yep. Mayor Furlong: There ’s a fence line behind your house, is that correct? John Noller: That ’s our fence, yep. Mayor Furlong: That ’s your fence? Is that at the property line or is that inside? John Noller: It ’s just inside our property line. Mayor Furlong: Okay. Alright. So there ’s already some trees and along the entire section there, are there not? John Noller: There are thinning and as you move further back where the green and red areas are, that is much more dense and so if you are going to be removing trees there you ’re now removing density from that area. Mayor Furlong: Okay. John Noller: And just a quick comment about, and I just want to clarify something. Low density for your purposes means that it ’s low traffic, correct? Mayor Furlong: Ms. Aanenson, if you want to correct that. It ’s the number of homes per acre I believe. Kate Aanenson: And it also would be you know looking at the type of use and how it ’s being used. Again there ’s no night time traffic there. You know typically when you have a single family house that generates the most trips, people coming and going throughout the day so there ’s not as many trips to this site as there would be too. John Noller: We spend a lot of time on our deck, which is looking straight over the cemetery and there are a lot of people that go through that. It ’s a very cool thing to see. A lot of our neighbors making trips through the cemetery. Whether it ’s on evening walks in the summertime so it ’s fairly busy. Might not be a lot of burials there but there is a fair amount of foot traffic and I just should make you guys away of that because we ’re out there pretty much every night. At least during the summertime. Not now. Councilman Laufenburger: Mr. Noller you said that ’s cool. Does that mean you like to see the traffic? John Noller: I think it ’s great that it ’s being used. If the cemetery ’s there and we enjoy the cemetery being there. There ’s a lot of history. I ’ve taken my daughter over there and it ’s great to go over and talk about the history and the story behind the cemetery. I think it ’s great that it ’s being there. I just don ’t think that when you have a historical piece like that, I just don ’t think it needs to be expanded upon and Walmartized if you will. Sometimes bigger is not better. Councilman Laufenburger: I ’m trying to understand. Do you object to seeing the people in the cemetery? John Noller: No, I think it ’s great that people are in there seeing what ’s there already. Councilman Laufenburger: When you ’re on your deck, do you object to seeing the people in the cemetery? Chanhassen City Council – November 25, 2013 18 John Noller: No. Councilman Laufenburger: Okay, thank you. John Noller: A point that I ’d like to make that I didn ’t bring up at the Planning Commission is that when our daughter was born 7 years ago I started to look into our drinking water because like many of our neighbors, actually all of our neighbors in the Timberwood area, we ’re on wells. With the addition of 324 grave sites being added, I ’m sure you guys have done an environmental impact study on how these graves, additional graves will affect our drinking water. Yes? Kate Aanenson: I don ’t believe they ’re deep enough to affect your drinking water. John Noller: So the study has been done? Kate Aanenson: I don ’t believe there ’s an impact. John Noller: Okay, there are several studies out and I ’d just like to, if I may quote from one of the studies that talks about how cemeteries can contaminate the ground water. Okay? Mayor Furlong: That ’s fine. John Noller: After a while in the ground a body in a coffin will begin to decay. Mayor Furlong: Excuse me. John Noller: What? Mayor Furlong: Can you reference what you ’re reading? John Noller: It ’s from the Northern Ireland Environmental Agency. Cemeteries, Burials and the Water Environment. Mayor Furlong: Okay. John Noller: This fluid may contain embalming fluid, pathogens, microbes, nitrogen compounds which could contaminate ground water and in some cases may also pose a health risk if it contaminates a ground water fed drinking source. That ’s our wells. As ground water can travel considerable distance underground and with any pollutants it ’s necessary to consider the possible risk of ground water contamination when planning new graveyards or cemeteries. So I just, I would submit this to the committee for your perusal and just would like you guys to consider it at least. Mayor Furlong: Thank you. John Noller: I also have a petition signed by 42 individuals who live in the community that surround the cemetery that are opposed to this expansion. Not everybody could make it here tonight but I ’d like to also submit that for your perusal as well. Mayor Furlong: Okay. John Noller: And just one last comment. As a neighbor whenever I make changes, particularly the exterior or my grounds of my house, I know that I can d o these things but when I do certain things that Chanhassen City Council – November 25, 2013 19 my neighbors can see I ask myself, should I do them and that ’s something that I would like the council to consider is not can you. That ’s not an argument but it ’s should you. Thank you for your time. Mayor Furlong: Alright, thank you. Okay, anyone else? Thank you. Oh! Brian Johnson: My name is Brian Johnson. I live at 8120 Pinewood Circle. I ’m the guy that sent you the long, novel email that you may have read in your council packet. Mayor Furlong: Right, I read it. Brian Johnson: And public speaking is really not my thing so you ’ll please excuse me if I ’m a little uncomfortable up here. I just wanted to come back to the question of the parking because I feel like as I listen here tonight that that issue is kind of getting passed over. Councilwoman Ernst, you asked some great questions about it and maybe I just don ’t understand so Councilman Laufenburger you referenced it too. Currently out there today, and again if you do look at that picture that ’s up on the screen now, that is an old picture. I parked my Nissan Murano in front of this cemetery last week and it doesn ’t fit in the parking lane there so as I understood the plan as it stands today, people would be expected to just drive up on the median, or not the median but they ’d be, people would be expected to drive up on the boulevard and park there. There ’s, we looked at it tonight on the way over. It looks like there ’s in front of the, immediately in front of the cemetery there ’s maybe room for 6 cars and the rest of the parking in the plan is said to be on the west side of Galpin where there ’s a high curb. You can ’t park there either so I ’m really struggling with how this plan is in the interest of public safety, how you would, if you ’re going to add 300 grave sites, you ’re now going to have, you ’re going to have funerals with 20, 30, 50 cars. I don ’t know where you ’re going to safely put them so I guess my, I would really ask you to consider from, again from a safety perspective where will you put a hearse and 20 or 30 or 40 cars for a cemetery, for a funeral. Mayor Furlong: Okay, thank you. A couple quick questions, follow-up for staff. Thank you Mr. Johnson. What ’s the, where do the cars park now? Todd Gerhardt: In Galpin. Some of the vehicles will pull up into the cemetery driveway and I would say, I know I ’ve been out there for one funeral and the hearse pulled up there and so, history has shown that they have parked on Galpin and it ’s worked for years and again if there ’s concerns we can work with Carver County Sheriff ’s office to have individuals out there. Typically a funeral will last anywhere from you know half hour to an hour and so, you know all I can say is that we ’ve already sold plots. There ’s going to be a funeral 6 to 8 times a year, every year for severa l years going into the future so you know with the new striping we ’ll have to work with it and we can work with Carver County Engineer and if we have to put out temporary signs for parking or have some type of traffic control. Mayor Furlong: Okay. How wide is Galpin there? Approximately. Because you ’ve got the two lanes. You ’ve got the center turn and then you ’ve got some shoulder. Todd Gerhardt: Oh, what is it? Paul Oehme: I imagine it ’s probably, I don ’t know 45, 48 feet wide. Mayor Furlong: 45, 48. I ’m seeing the County engineers nodding their heads so you did pretty good Paul. Okay. Okay. So what I think affected the striping, and Mr. Johnson he raises this point, is the fact that now there ’s a center turn lane section that ’s in there from a striping standpoint that wasn ’t there before but I think from a width of the road that the width didn ’t get narrowed at all with the recent County project, did it? Chanhassen City Council – November 25, 2013 20 Paul Oehme: Correct, no. The curb lines have not changed. The existing curb lines that are there today so. Mayor Furlong: Okay, so it ’s just where the striped drive aisles are, drive lanes. Paul Oehme: Correct. Mayor Furlong: Are at this point that changed but the width is the same. Okay. Todd Gerhardt: Mayor, council. In going out and checking the new striping, pulled off to the side of the shoulder on the west side of Galpin and the experience of the cars coming from the north going south moved over into that turn lane to avoid us getting out of our vehicles so people made adjustments to us. Mayor Furlong: Okay. Thank you. Councilwoman Ernst. Councilwoman Ernst: So Todd can you tell, and I ’d like to go back to Mr. Johnson ’s concerns when he mentioned you know 6 cars at the most can park out there right now. But with Galpin what do you, and what ’s your anticipation as to how many cars? Is it 20-30 cars with a hearse? I mean is that, is that pushing it or is that? Todd Gerhardt: No. I mean you have the whole west side for people to park and one of the benefits of the striping has allowed you additional parking from basically the entrance to the cemetery up to where Timberwood is and you know, so that gives you another additional parking there. Councilwoman Ernst: And the 45 miles per hour road that we talked about that we don ’t think that there ’s a risk there with the, I mean I realize we can ’t do anything about the speed but with the road and the design of the road and where that is with that speed limit we don ’t, you don ’t foresee any? Todd Gerhardt: No, the road is designed for 45 miles an hour speed limit so you know again if it becomes one where we need to have law enforcement out there, that ’s something we may have to add. All I can do is base it on history and it ’s worked over the years. We haven ’t had any complaints. Mayor Furlong: Okay, thank you. Anybody else for public comment that wasn ’t brought up at the Planning Commission? Okay, thank you very much. I appreciate those comments and also want to thank the people that came to the Planning Commission as well for bringing their concerns to light. With that let ’s bring it back to council then for comments and discussion. Councilman Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. I think the, while I recognize the striping may cause a visual constraint to people when they park, the design of Galpin, and I don ’t think it was a County design but the way the road lays out, there is great visibility both from the north headed south and also from the south headed north in that you ’re coming from an elevated position and there ’s a little bit of a curve so there is nobody, if they ’re paying any attention driving from about 200 to 250 yards away, there ’s nobody that would miss the presence of cars parked on either the east or the west side of Galpin for the, for visiting the cemetery. Also I think it ’s important to note that it ’s not just funerals at which this cemetery gets busy. It ’s busy for both Memorial Day, Veterans Day, July 4 th so there are other activities there but I would agree with Mr. Gerhardt that any concerns about parking certainly can be addressed by public safety. By temporary signage and I can ’t imagine a hearse parking on Galpin, if they ’re going to be putting a casket in the ground up by the red things. They ’re going to take that hearse up there and ask the pallbearers to walk you know 10 feet across level ground instead of 270 feet from Galpin so I think that, at least from my perspective based on the history and based on the funerals that I ’ve observed, I ’m not Chanhassen City Council – November 25, 2013 21 saying parking won ’t be a problem. I think it will be manageable. Ms. Aanenson, can you speak to this, and I wish Lieutenant Enevold was here, has there been any reports of vandalism in the cemetery do you know? Kate Aanenson: I can ’t comment on that. I don ’t know if the City Manager knows. Todd Gerhardt: There ’s been a few where people bring flowers and wreaths out there that are either missing or have been taken and there may have been some brass type fixtures out there, vases that are missing but nothing significant. Councilman Laufenburger: My guess is they wouldn ’t do that more than once probably. Todd Gerhardt: Yeah. Councilman Laufenburger: Yeah, okay. Let ’s see. Also to Mr. Noller ’s comment about ground water, boy I think that there are, isn ’t there something in the ordinance Kate that would specify that a casket needs to be put inside a cement vault? Are you familiar with that at all? Kate Aanenson: Yeah. Yeah. The study, yeah. Councilman Laufenburger: So I, while I can ’t speak to what practices are in Northern Ireland, I know based on my own experience of burying family, there ’s a concrete vault, the casket and then it ’s sealed and I just can ’t imagine anything in there gets out so while I appreciate the research, I don ’t think it ’s applicable in this case. That was the only comment I had. Thank you Mr. Mayor. Mayor Furlong: Alright, thank you. Other thoughts and comments. Councilwoman Ernst. Councilwoman Ernst: Yeah I, you know there are some things that have been raised as concerns that I ’d really like staff to check into and I think for the most part you ’ve checked into this but the water situation that came up tonight, I think just to make the residents feel at ease and I think it would be good to understand that. Whether or not it ’s an issue. It doesn ’t sound like it is but I think it would behoove us to check into that and at least put their minds to ease on that. And then with the buffer on the, I think it was the north side that was mentioned, with a fence there is that even possible to put a buffer there? Kate Aanenson: We ’d have to look at it to see what the trees are already. I mean if we ’re putting trees that we ’d have to eliminate other trees so we ’d have to look at that. We certainly can look at it. Councilwoman Ernst: Okay, great. And then I like the idea that Mr. Gerhardt had in terms of you know if there ’s going to be, and I don ’t know how that all works. If there ’s going to be a funeral out there. Say there was going to be you know 200 people out there potentially. Working with the sheriff ’s department I think is a good idea just to have that traffic control and make sure that we ’re doing our due diligence there. And I think that was it. Mayor Furlong: Okay, thank you. Other comments? Councilwoman Tjornhom: Yeah, I ’ll go ahead. Mayor Furlong: Councilwoman. Councilwoman Tjornhom: I think most of the issues have been I think discussed. The parking obviously and the buffers. I think the language you seem to work out so it ’s stronger and hopefully people ’s Chanhassen City Council – November 25, 2013 22 confidence that the buffers will be able to be put in that everyone ’s, everyone will have input on it and be satisfied with whatever is put in. But one of the questions that I think struck me is the question of should we do this and I think this is one of those elements of life that we need to deal with as a city. It ’s here. We deal with new developments coming in. We deal with retail developments. Parks. Every other aspect of life and this is just another part of life and so yes I do think we should do this and I think that hopefully we ’ll be able to make sure that the neighbors surrounding this historic cemetery will be okay with the expansion and how we handle it so I ’m in favor of it also. Mayor Furlong: Okay, thank you. Other comments? Mr. McDonald. Councilman McDonald: I guess I ’ll go next. I did go out and I have visited the site just to kind of look at it and I mean one of the things that kind of gets me is, I don ’t think this reflects on the City of Chanhassen very well. I like the plan that staff ’s come up with. You do need to remove the trees. You need to go out there and I think you need to make this look a little bit more appealing. It ’s very hard scrabble ground. There ’s no grass. We could definitely make it a better looking place that would be a little bit more reflective on the City so from that standpoint I mean I ’m for removing the trees. I did go back and look and took the chart with me and you ’re right. A lot of those, were really probably not desirable trees. They cause more problems than I believe they solve. The ones that you ’ve circled as being salvageable, they ’re spaced out enough that it would provide shade and some canopy but it would also allow grass to grow. I think basically all you ’re asking us to do tonight is just go out there and lay out the dimensions. Put a plan together as far as addressing the issues of buffering and also to some extent parking or at least from the standpoint of being able to gain access to the interior by putting the hammer head drive in there. I think that would help. But I would also hope that the other thing you would do is look at a landscaping so that we could build this up and make it a little bit more appealing than what it is right now. To the question of should we do it? Yes we should do it. It ’s part of the heritage of this city and I think we owe it to the people who actually started this back before there were any homes or houses or even the glimmer of Chanhassen that started that cemetery, to upkeep it and to also provide a space for the residents of this community should they so desire that they would like to spend eternity here in Chanhassen. So I do think that we should do it and we owe it to the residents. It ’s another option as to again end of life decisions. I think that we can also make this a much more appealing site and I would hope that ’s something that the City would look at so I ’m in favor of going forward. Mayor Furlong: Thank you. As I looked at the site and visited, tried to get a sense of the plan, as you can see up on the screen right now of the expansion. What I tried to look at is what, consider requests and try to determine whether it ’s reasonable for what ’s being proposed, and also look at it from the standpoint, not necessarily if the City owned it but if another association owned it and was coming forward with a long term plan, and that ’s what I ’ve, talking with Mr. Gerhardt initially on this it was my thought that, and I ’m glad the way we ’ve involved the residents, the neighbors in the public process. I ’m glad that we have the comments from the Planning Commission. Comments from the council. Is let ’s put together a long range plan for this property so that everybody understands where it ’s going to be. It doesn ’t all have to happen right away but we need to have a plan in place as a council to allow staff then to know what they can do and what they can ’t do. And to basically execute against the plan for a long range standpoint so as I look at this plan, as I look at the use and understanding that this has been a cemetery in this area since the mid 1800 ’s, you know it certainly seems reasonable with what ’s being proposed here as it is. I think you know going out and doing an inventory of the trees and identifying those that are worth saving. That are either substantial at this time or have the potential to become substantial is appropriate. There ’s a lot of brush and buckthorn and other stuff out there that yes, for those neighbors whose back yards come up against this property, it does provide a visual barrier and I understand that. There will be change if you take that out but I still think even though it ’s not required to put a landscaping buffer in there, I think we can do something from a landscaping along the property lines, especially the east and southern and you know the gentleman to the north, I think staff can look at that. There seemed to be quite a bit there Chanhassen City Council – November 25, 2013 23 already so I ’m not sure what ’s going to be cleared there or not. I think it ’s a function as the staff gets out there and looks at it whether something needs to be done, but I don ’t think there should be an expectation, as I ’ve mentioned a couple times, that it should be a complete, that the landscaping ’s going to completely obstruct the view of the property from people on north, south, east or west side of the property but I think we certainly can, and I would encourage staff to work with those neighbors closest to see what can be done to try to accommodate their requests. With the columbarium, I think that ’s a very reasonable and appropriate use. I think to Councilman Laufenburger ’s comments about trends, it ’s my understanding that cremation as a choice has increased over time and it also provides better utilization of the property without necessarily taking up more space or getting, putting grave sites closer to the property line so I think there ’s some value there. In terms of the internal hammer head, having to back down the driveway after I went out there, I would strongly recommend that and that just seems to me to be appropriate because I think as was mentioned the hearse would certainly like to drive up into the cemetery. There has to be a reasonable way for people to turn around so I think that can be part of the site plan, which I don ’t think is incorporated here into this nor is the columbarium incorporated into there. I think both of those can be incorporated in to make the site more usable. Both from those that are visiting as well as during funerals, internments and then also to incorporate the columbarium in the appropriate side. The question Mr. Allen brought up the question of the rates at $200 per site and $500. Typically we charge a different price for residents for a service such as at the Rec Center than for non-residents when there are other costs being covered by your taxes. Here that ’s not really the case since the money that ’s being generated by the sale of the plots is generating the funds to operate in the long term. At the same time I can understand where that might be a desire from a pricing standpoint, if we priced it appropriately to have more sites available for residents and so I can understand it from that standpoint but I do think that the rate at $200 is too low based upon the market information that we had and we can certainly look at that but something in the $300 to $400 dollar range for the resident would seem to be more appropriate based upon the information of what other cities and the cemeteries that they operate for, so I think the differential here can be more appropriate because we want to have a space for Chanhassen residents. I have received calls from residents since this was noticed and at the Planning Commission meeting as well as discussed in the newspaper a couple times who would very much like to be able to buy a plot and currently they ’re not able to do that so I think there is a reasonable expectation, a reasonable use that does fit here so I would agree with moving forward with the utilization of the property that ’s being proposed here with the adjustments that we may lose some of these sites because of the columbarium being included, depending upon it ’s size and location with the hammer head but I think those again would offset and be reasonable. As for the economics of the columbarium, I would think that that ’s a pretty simple math. Once we figure out where it ’s going to be and what the cost is at the time we build it, divide it by the number of niches and that ’s going to give you a price for the niche. I mean that shouldn ’t be a net cost to the City. It should be something that is appropriate to, and I ’m sure is the way that other cemeteries work that too so the economics must work since it ’s working in the marketplac e as well so, overall I ’m in favor of this. I would like to see some of these things such as a revised site plan complete with the request for the platting of the new sites as well as some ideas of the landscaping that ’s going to take place. The columbarium on the site. I ’d like to get that back sooner rather than later and I would hope that perhaps in the first quarter of next year, by the end of March those meetings can be had with the neighbors. The plans can be drawn up and we can have something back in front of the council. I don ’t, I think the direction here, what I ’m hearing is more comments of support with some questions. The parking issue which I think was mentioned, let ’s look at that. Let ’s figure out the best way to do but I mean the cars have been parking along that road. What ’s different is the striping and I recognize that. The striping has changed and the drive lanes are closer to the curbs along Galpin so I think we you know, let ’s work with the County. I don ’t know that there needs to be changes there given the volume of activity but let ’s just make sure we know when you bring it back what the plan is for parking along there but I think it can be done safely in part because it has been being done safely with the internments that have taken place and funerals. To my knowledge we haven ’t had problems out there but it ’s reasonable to look at so with that, unless are there other comments at this time or other requests? I mean we have a motion before us that Chanhassen City Council – November 25, 2013 24 we can either table this or just, do we need to take action in the form of tabling or is the direction just back to, based on comments tonight, bring it back at a future meeting? Todd Gerhardt: I think we got clear direction from the council. I don ’t think you need to have a formal motion on it and we ’ll work with the neighborhood and bring back a final plan. Mayor Furlong: Okay. Very good. Thank you everybody. Appreciate your involvement and we ’ll look forward to seeing the final plan back. I hope and expect within the first quarter of next year. Let ’s move on to the next item under our agenda this evening. CHANHASSEN GREAT PLAINS CENTER, 7905 GREAT PLAINS BOULEVARD: SITE PLAN REVIEW FOR A 10,500 SQ. FT. SINGLE LEVEL RETAIL CENTER, APPLICANT: NHH CHANHASSEN PARTNERS, LLC/OWNER: CAMELOT CONVENIENCE QUALITY FUEL AND FOODS. Kate Aanenson: Thank you. The Great Plains Center project case did appear before the Planning Commission at their November 5 th meeting. Also at that meeting the Planning Commission supported the project 5 to 0. Really had no concerns. They were very excited to see the project and was very supportive of it. So again the site location is the old British Petroleum gas station there. Again. Mayor Furlong: Can you switch? Kate Aanenson: I ’m sorry. Mayor Furlong: Those are pretty bricks and I ’m sure we ’ll talk about them soon. Kate Aanenson: Yeah, 7905 Great Plains Boul evard. Yeah. Yeah. Mayor Furlong: Okay, here we go. Kate Aanenson: So this is the British Petroleum gas station. Mayor Furlong: Thank you. Kate Aanenson: The gas station itself goes back a number of years. Actually probably been there about 25 years. Changed different types of uses but it ’s been there long term and made some modifications to it but the site itself is on the, bordered on the north by a car wash, the Valvoline and then you ’ve got the Master Collision and the Hanus building also on that north ern side. Then you ’ve got auto repair and a Holiday across the street so this is in our Business Highway zoning district so it is a permitted use in the zoning district. On April 9 th , this wasn ’t in your staff report but on May 9 th of 2011 there was an approval for a C-store at this gas station so the pumps, but that was never final. Or it was final but it was never recorde d so it has no legal standing but it was difficult for that project to advance forward. A lot of people had tried different things so it never went to fruition. That also included a double car wash besides a C-store. So for the existing conditions, the current access is off of Great Plains Boulevard right here. This intersection here, when we were first approached by the user was a little bit of concern just based on the sight lines and the amount of traffic as you come off of Highway 5 accelerating up onto a single lane there on Great Plains. So again current access, you have two way directional. A little bit wider than we would normally see on that site. Again I mentioned that the land use and the zoning is consistent for this project to go forward. Highway Business and again it ’s going to replace one retail for another type of retail. So the proposal summary, 10,443 square foot of a multi-tenant single story building. Again it ’s a permitted use in the zoning district. There ’s an existing trail along Highway 5. We ’re including new Chanhassen City Council – November 25, 2013 25 sidewalks that would wrap the entire building and then picking up a connection that would extend to the north. The location of the driveway then has been narrowed and then a dec e l lane has been added again because you ’ve got accelerating traffic coming up onto Great Plains. This gives people that want to take the right turn in a place to maneuver over. The parking itself is all on the back of the building so the front of the building does face Highway 5. In working with the owner of the building, a lot of care was given to the appearance of this building as a gateway to the community and having that be what you see first is the nice architecture of the building and not the parking itself. One of the areas that we do want to make sure gets accommodated is additional screening of this parking because they ’re meeting, they ’re parking closer. It is permitted as long as it ’s completely screened so that needs to be accommodated. So a new, we talked about the turn lane. So this is a big improvement. We went back and looked at that one after looking at the turn movements and how the site would be utilized. Because of the uses and how this is laid out there wouldn ’t be a drive thru or anything. That would not be permitted in this type of a building. Just did not have enough parking for that to be accommodated. Again there ’s no direct access off of Highway 5. This is the architectural rendering of the building. As I illustratively showed you already, the wonderful bricks. Mayor Furlong: Oh we have bricks. Kate Aanenson: Yeah we ’ll show that again. I ’ll zoom it out a little bit here. You can just leave it just like that and I ’ll zoom it out. We ’ll pick it up here. So it ’s really nice materials on the building. Again really nice presence. That entrance or that feature there as the gateway on all the parking then screen behind. Again more details of the architecture itself. So all elevations have equal attention which is what we have in the Highway 5 corridor and again that has a pronounced entrance that utilizes double, durable excuse me, exterior materials and has a lot of articulation in the building and we think it ’s a really well designed and a nice sensitive to the kind of surrounding uses. Again really nice entrance statement into the city. So with that the Planning Commission and the staff is recommending approval of the project with the conditions in the staff report and I ’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff? Councilwoman Tjornhom. Councilwoman Tjornhom: Are there any uses that are not permitted with this building? Kate Aanenson: Well fast food, a drive thru. You could put something in there if you could accommodate the parking. There ’s only 48 parking, 45 parking stalls and so, 52 is what they have on there so that ’s what ’s going to drive the number of uses. That mix. So you may have some that have different peak hours but you know so we ’re looking at that as a, actually we ’re going to be meeting there shortly, tomorrow to talk about the tenant mix. Sounds like you have it leased up so we ’ll be looking through that mix, kind of picking and making sure that we ’ve got that right mix. Again we leave that up to the owner of the building to make sure that they ’re managing it properly. That their tenants are happy that they can get adequate parking so that ’s how we ’ll review that so. Councilwoman Tjornhom: What is the parking lot size of the Chipotle building? Kate Aanenson: That one actually, they share. Councilwoman Tjornhom: Buffalo Wild Wings. Kate Aanenson: You have Buffalo Wild Wings and then you have the tire store so all three of those uses, and they have different peaks so this would have, this is not going to have restaurants in there so that wasn ’t the intent when it was really proposed based on the parking. You know we looked at this ultimately, if this piece were to develop, any of these properties to the north were to be redeveloped, Chanhassen City Council – November 25, 2013 26 which is a potential, then there is a potential for access then to go to the north and then connect onto the street that we have the water treatment plant so that would give better circulation to the site and that is also a long term goal that could happen too. Mayor Furlong: Is that a current condition of this site or I mean this site … Kate Aanenson: No, we ’ve talked to the developer has talked to the adjacent property owners. Mayor Furlong: Okay. Kate Aanenson: So what are we to say, that ’s something long term wise. If someone was to come in and protest that we would come back to them and say to maybe try to connect them or if someone else was, they were to develop. Mayor Furlong: Okay. Alright. Thank you. Councilwoman Tjornhom, any more questions at this time? Councilwoman Tjornhom: That ’s it. Mayor Furlong: Mr. McDonald? Councilman McDonald: Current site ’s got a gas station on it. Are there any concerns about the gas tanks that are in there or what are we doing to make sure that there is no ground pollution? Kate Aanenson: They will have to do that, to provide, the State does require that too so there is a condition on that. That they have to make sure that those are met by the MPCA. So the building inspectors will also verify that too. Councilman McDonald: Okay. Kate Aanenson: Pollution Control Agency. Mayor Furlong: Other questions? Mr. Laufenburger. Councilman Laufenburger: Right. Kate the car wash stays, is that correct? Kate Aanenson: The car wash to the north? Councilman Laufenburger: Yeah. Kate Aanenson: At this time, correct. Councilman Laufenburger: Okay. Kate Aanenson: As is the Valvoline to the north. Councilman Laufenburger: Okay. Mayor Furlong: Aren ’t there two car washes there? On this property as well as the property to the north. Councilman Laufenburger: Yeah, the car wash on the BP property now, that will go away. Chanhassen City Council – November 25, 2013 27 Kate Aanenson: That ’s correct. Councilman Laufenburger: But the one, the building that is just like 30 feet to the north. Mayor Furlong: On the property to the north, yes. Councilman Laufenburger: Yeah, to the north. Mayor Furlong: There it is. Councilman Laufenburger: There it is. Kate Aanenson: This one will stay but if you look at how this is right now, I mean it just lends to, there ’s a change in grade. This is dropping down onto their property so. Councilman Laufenburger: Yeah. Kate Aanenson: There is a change in grade and there ’s, the car wash here but if you look at a single car, they have a car wash right now so that is going away but if you look in long term, because you ’ve got this access point here, you have conflicting turn movements. Not the best situation so we would like to rectify that and then just have these two properties connected at some time in the future if we can work with both properties. Todd Gerhardt: Kate on the site plan, is that sidewalk all the way around the building? Kate Aanenson: Yes. Todd Gerhardt: So the brown is concrete? Kate Aanenson: Correct. Todd Gerhardt: So if anybody needs an example of somebody ’s concrete work, the railroad depot has a sidewalk around it and there ’s not a single crack in that. So anybody to the left of you that may have done that. Not a single crack in it. Kate Aanenson: We think it ’s nice too. It connects, you know it really connects for people that may be on Highway 5 biking and allows them to come in and utilize that too and then you ’ve kind of got an outdoor seating area too and that ’s, it ’s a nice entrance feature. Mayor Furlong: So outdoor seating, does that imply that there will be a restaurant out there? Kate Aanenson: No, but you can still, I mean you can still have just a seating area. Mayor Furlong: Okay. I noticed with the elevations of the building, if you can bring those back up as well, and that one and then. Kate Aanenson: I ’m sorry, this one? Mayor Furlong: That one there too. There are a number of places along there where the word signage is included and I ’m sure because it ’s a multi-tenant building they ’re looking for that. Is the developer aware of the signage ordinances and are there any specific ordinances that we have? Chanhassen City Council – November 25, 2013 28 Kate Aanenson: Yeah. Mayor Furlong: Do you have any concern from what you ’ve seen in terms of their ability to put up the signage that they ’re expecting to? Kate Aanenson: No. Actually they ’ve got a couple projects in Edina and St. Louis Park that we ’ve, I ’ve seen. Mayor Furlong: Okay. Kate Aanenson: Very highly articulated and . Mayor Furlong: Okay. Kate Aanenson: So we have a lot of confidence in how they ’re moving that forward. In our meetings with them been very, very pleased. Mayor Furlong: Okay, and that ’s fine. Businesses need to let people know where they are. At the same time we have to make sure that we ’re treating everybody fairly and that the expectations are reasonable. Okay, thank you. Any other questions for staff at this time? Anything from the applicant? If you ’d like to introduce yourself at least. Dean Devolos: Good evening council and Mayor. Dean Devolos, DJ Architecture. 333 Washington Avenue North, Minneapolis, Minnesota. Also serving as a project developer. We ’re excited to be here in Chanhassen look for the opportunity really to try to do a corner building and help enhance the street and tie into the trail system which I think will really make a nice gateway, a nice entrance to Chanhassen. Really work the retail on both sides to really give that presence and hope this is a first move in which other parcels may eventually redevelop over time to sort of start to strengthen and develop a great downtown you ’ve already begun with. This one I showed here was one in Edina at 70 th and France. And France Avenue is similar to you know Highway 5 in terms of traffic and everyone sort of looked at this saying are you kidding? You want a street front building but this filled immediately with tenants has been very successful and the City ’s very happy so learning from this and seeing that the marketplace will only accept these kind of buildings on a corner that are pedestrian connected. This is really the same approach we ’re bringing here to Chanhassen. The good news is we have more tenants than building. I ’m meeting with Kate to sort through those and pick the best ones that work for the city and there ’s a few even restaurateurs but we ’ll what works with the parking ratios to come up with the best mix for it so that will be the next step I ’ll be taking so thank you very much for your support and enthusiasm for this. Mayor Furlong: Very good, thank you. Any questions for Mr. Devolos? No? Very good, thank you. With that I ’ll bring it back to council for thoughts and comments. Councilwoman Tjornhom. Councilwoman Tjornhom: Sounds like a start. I think it will be a fantastic project. I ’m glad you ’re in Chanhassen and I look forward to seeing who ’s coming to town to be in that building. Dean Devolos: Thank you. Mayor Furlong: Anything else? I mean it ’s. Chanhassen City Council – November 25, 2013 29 Councilman McDonald: I mean it looks as though it ’s going to be a good project. It will definitely change that corner. Look forward to see what happens there so I wish you a lot of luck and yeah, I too am interested in you know what kind of new businesses can you bring to the city. So I will support this. Mayor Furlong: Thank you. Councilwoman Ernst, comments. Councilwoman Ernst: Sure. I think it ’s a great architectural design and a great project and welcome to Chanhassen. You know I definitely will support the project. Mayor Furlong: Thank you. Any other comments? Councilman Laufenburger: I think it was stated very well that this is a visual welcome to Chanhassen from the east and it looks like it ’s going to be a great welcome so. Mayor Furlong: I agree. I ’m looking forward to it. Welcome. Thank you. Thank you for working with Ms. Aanenson and her staff. Kate Aanenson: Again another fine job done by Sharmeen Al-Jaff. Mayor Furlong: Okay. Always good to hear that but I appreciate all your work and looking forward to seeing you here so we ’re, these are the types of develops that everybody gets excited about so, which is good. With that anybody like to make a motion? Councilwoman Tjornhom? Councilwoman Tjornhom: Sure. I ’d like to make a motion that the City of, that the Chanhassen City Council approves a site plan for the construction of a 10,443 square foot single level retail center on 1.13 acres of property zoned Highway and Business Services District and located at 7905 Great Plains Boulevard, BP Gas Station site, and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? Hearing none we ’ll proceed with the vote. Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the Chanhassen City Council approve the site plan consisting of a 10,443 square-foot multi-tenant building , Planning Case 2013-23 as shown in plans dated received October 4, 2013 , and including the attached F i n d i n g s o f F a c t a n d R e c o m m e n d a t i o n , s u b j e c t t o t h e f o l l o w i n g c o n d i t i o n s : E n v i r o n m e n t a l R e s o u r c e C o n d i t i o n s : 1.The applicant shall install a total of two peninsulas in the parking lot. 2.The south side of the parking lot along Highway 5 must be screened. The applicant shall add shrubs with a minimum mature height of three feet along the south parking lot perimeter. 3.The applicant shall install the required bufferyard plantings along the south property line. 4.The applicant shall install two evergreens on the eastern corner of the property. Chanhassen City Council – November 25, 2013 30 5.The applicant shall remove the existing ash tree along Great Plains Boulevard and replace it with an overstory tree species from the Approved Tree List. B u i l d i n g O f f i c i a l C o n d i t i o n s : 1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule 1306). 2.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report required. 3.Detailed building code-related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. 4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks removal requirements). 5.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. F i r e M a r s h a l C o n d i t i o n s : 1.An additional on-site fire hydrant will be required. Location to be on the north/west corner of the building. If necessary contact Fire Marshal for exact location. 2.Yellow painted curbing will be required. Areas include but not limited to are the curbing north of the building. Contact Fire Marshal for exact location. Also “ No Parking Fire Lane ” signs will be required where yellow cubing is present. 3.A three-foot clear space must be maintained around fire hydrant. Engineering Conditions : 1.The sidewalk must be minimum five feet from the edge Great Plains Boulevard and the right turn lane. 2.A sidewalk easement is required over any portion of the sidewalk that does not lie within public right-of-way. 3.The sidewalk easement shall extend five feet beyond the edge of the sidewalk. 4.The developer must obtain a MnDOT permit for the portions of the sidewalks that will be within MnDOT right-of-way. 5.Prior to construction of the trash enclosure an encroachment agreement must be recorded to allow for the portion of the trash enclosure that will lie within the sanitary sewer easement. Chanhassen City Council – November 25, 2013 31 6.A $7,600 security must be submitted to ensure that Great Plains Boulevard is properly restored after the utility work. This escrow will be released if the street patch is in good condition after one freeze-thaw cycle has passed. 7.The sanitary sewer line must be televised before and after construction to ensure that the grading equipment does not damage the sanitary sewer. 8.Before the city signs the site plan agreement a $7,500 security must be submitted in case of damage to the existing sanitary sewer. 9.The existing sanitary sewer manhole in the northeast corner must be reconstructed due to the proposed grade changes in the area. 10.City water and sanitary sewer hook-up fees and the Met Council SAC fee will be due with the building permit and will be based on additional SAC units, if any. 11.Before site grading can commence the grading plan must be revised as follows: a.Label the existing contours. b.Label the Emergency Overflow (EOF) elevation. c.Ensure that the lowest opening of the building is minimum one foot above the EOF elevation. d.Ensure that all proposed contours tie into existing (for example, the proposed 954 contour south of the EOF does not tie in). a.Revise the grading on the northeast corner of the site so that the proposed grades do not exceed 3H:1V. 12.Storm water runoff rates must not increase under the 2-year, 10-year and 100-year return interval storms at any point where water leaves the site. 13.A Phase 1 Environmental Site Assessment must be performed on this site and made available to the city to determine the likelihood of encountering contaminated soils at the proposed biofiltration location. 14.The hydraulic calculations for the storm sewer shall be provided and approved prior to the city signing the site plan agreement. 15.The SWPPP must include all required elements under the NPDES Construction Stormwater Permit. 16.Rock construction entrance shall be measured from the bituminous saw cut. 17.The biofiltration area shall not be constructed until after the site is substantially completed. At a minimum, the base course shall be installed prior to construction of the biofiltration area. 18.The biofiltration area shall be protected from construction-related activities throughout site development. The SWPPP and Erosion Prevention and Sediment Control Plan must indicate how this will be accomplished. Chanhassen City Council – November 25, 2013 32 19.Before the City signs the site plan agreement a $5,000 security must be submitted to insure compliance with the erosion prevention and sediment control plan. This will be released once a minimum of 75% of the site has been permanently stabilized and the sediment control BMPs have been removed. 20.The owner shall be responsible for the operations and maintenance of the rain garden facility. The applicant shall develop an operations and maintenance manual and provide a copy to the city prior to the City signing the site plan agreement. 21.The owner shall prepare and submit an annual report indicating that the biofiltration is functioning properly or, in the event it is not, what steps area planned to restore the functionality of the biofiltration feature. Planning Conditions : 1.The applicant shall work with staff to improve the screening of the parking lot through the use of berming and landscaping. Parking setbacks will be adjusted based on the screening plan. 2.All rooftop and ground equipment must be screened from views. 3.Sign illumination and design shall comply with ordinance. Signs shall be limited to the north and south elevations. 4.The exterior material for the trash enclosure must be of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. 5.A photometrics plan shall be prepared for the site. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. 6.The proposed development has a total hard coverage area of 67.2%. The applicant shall revise the plan to meet hard surface coverage ordinance requirements not to exceed 65%. 7.Snow storage shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER AMENDMENT TO CITY CODE CONCERNING MASSAGE BUSINESS LICENSING. Laurie Hokkanen: Thank you. The City Council has discussed in work session format three times previously with business owners, the development of a licensing requirement for massage therapy businesses and we had a few meetings with business owners. We worked with them through the work session and the goal of our work was to develop an ordinance that would allow law enforcement officials to have the tools that they need to pursue businesses that might not be operating in accordance with the law. But also the City Council very much wanted to recognize that most of our massage businesses have Chanhassen City Council – November 25, 2013 33 been good corporate citizens. Are legitimate businesses and so we worked very hard to find a balance between not being overly onerous on those legitimate businesses but also giving law enforcement those tools that they need to identify who ’s running the business and what may be going on in the business without taxing their existing and precious resources. And so what we ’ve come up with is an ordinance that would require a one time licensing and background check for massage therapy businesses and we did leave the responsibility with the business owners and chose not to pursue licensing individual therapists. The requirements would be for a $50 license fee paid to the City to cover the administrative cost of putting the license process together. And then a background check to be conducted by Carver County and we would pass on the actual cost of that background check, which is $250 for an initial background check. The subjects of the background check would be any of the owners of the business as well as the general manager and requirements would include providing character witnesses and disclosing any businesses owned within the last 7 years, as well as similar licenses held or applied for in other cities. And this is a one time license so as long as there are no changes to the ownership or management of the business they would not be required to go through the process again. The City will check in with them annually to make sure that ’s the case but that was a good way that we found to balance the needs of city and law enforcement with the desires of the business owners. There are a few, at least one business owner that is present that I believe would like to speak on the subject but I can also stand for questions. Mayor Furlong: Thank you. Questions for staff. Mr. McDonald. Councilman McDonald: Yeah, I have a question. One of the things that we looked at was giving everybody a reduced fee if they brought things in by a certain date. In your memo you ’ve got that date as being January 31. I thought it was December 31 because in the same sentence you ’re saying full fees will apply as of January 1. Laurie Hokkanen: Correct. Any business that applies, if this is approved, any business that applies before December 31 st of this year, the City would split the cost of both the license fee and the background check with them and so that ’s our way of recognizing that there ’s a public safety benefit and also incentifying businesses to apply quickly so that we can start processing this, but we wanted to make it clear that if you are not able or don ’t want to apply by December 31 st there is a deadline of January 31 st to have your application in. So in short terms, apply by the end of this year. Pay half the cost. Apply between the first of next year and the 31 st of January, you ’d pay the full cost. Businesses that have not applied by January 31 st of 2014 would not be in compliance. Councilman McDonald: Okay, thank you. Mayor Furlong: And I guess, thank you Ms. Hokkanen. In the ordinance or does that have to be in the motion because I think the ordinance, if I ’m not mistaken, just speaks to the full fees. I ’m looking at Section 10 -219 so I guess Mr. Knutson on that as well. How does that, because what she described was what I understood we wanted and I think Mr. McDonald is consistent with your thoughts as well. Is that currently in the ordinance or does that have to be part of the motion? Roger Knutson: It should be part of the motion. Mayor Furlong: Okay. Alright. So whoever gets to make the motion will have fun with that. We ’ll listen and make sure they get it right. Councilwoman Ernst: I think Councilman McDonald should make that motion. Councilman McDonald: Already got it. Chanhassen City Council – November 25, 2013 34 Mayor Furlong: Not yet. That last paragraph in the staff report may be helpful. Other questions for staff? Thank you. Let ’s go ahead and thank you for letting me know that somebody was here. We certainly would welcome public comment at this time. It was not noticed as a public hearing but there was, it was published in our preliminary agenda as well and there have been articles in there so if anybody would like to provide public comment to the council this evening. Ma ’am, you ’re certainly welcome. Thank you for coming. Roxanne Wilden: Hi. My name is Roxanne Wilden and I ’m a massage therapist of 20 years. I ’m nationally certified and I ’ve been in Ch anhassen for 17 of the 20 years and the business is a healing touch massage and I ’m at the Chan Dinner Theater. I was at the Goodwill before that was, at the Chan office complex. Mayor Furlong: Okay, good. Roxanne Wilden: So several things that I know from being experienced in this profession is there ’s going to be illegal stuff all over the place and I know Chanhassen is the place that you want to be a family place and you don ’t want this prostitution and neither do I. I was trained at Sister Rosalind School of Massage. I went through about 2 years of schooling there and being nationally certified. It ’s updated every 4 years and you need so many CEU ’s so I train with osteopaths and physical therapists and chiropractors for continuing education and so I ’m not interested in having you know people that have no education to come in, pay a fee and to get licenses nor am I , you know you get somebody like a big operation like Envy or something like that and if their employees can come from any state, any direction and whatever come in there and call themselves a therapist and then work in Chanhassen. I don ’t think we could have, you know there ’s always possibility even if a person gets an education but less possibility if they get it and so I think the minimum education now is around 550 to 600 hours. Now I lived on Dell Road and I got this flyer in the mail saying massage therapist. You know and he gave a rate like I charge so I called him up. He didn ’t know who I was. I called him up and I said you know so, what ’s your education? He said oh well a friend trained me over a weekend so what I know about that is not only is it going to give bad rap to those that want to help people in alternative health care. To not drink and drug and you know whatever for their pain but also you know it could hurt people and so I love Chanhassen and I ’ve been here a long time and so several things that I think if you ’re going to license, that it should be licensed per person, not per business because you don ’t know who ’s going to come in. And I am nationally certified which means that I had to go through lots of training and a 4 hour test just like a real estate test and so a lot of people don ’t have that training but that ’s an option you could have for education for maybe grandfathering somebody in with long education but most people have educations. So and me I ’m a single person. I mean I ’m a small business of one and so I ’m not interested in big fees. That would you know not be good for me. I ’m an upright citizen and want good things and any questions for me? Mayor Furlong: Any questions? No, but thank you for your comments. What I wrote down is you would recommend licensing per person versus business and also giving consideration to certifications. Roxanne Wilden: Right, and the other thing is, I don ’t know who this woman was at Stone Creek that you know, that did this but would a background check have not had her have the business? Mayor Furlong: No, and that was a question that we brought up. Let me ask staff to respond to those. Roxanne Wilden: I mean I have, I have had a b ackground check through St. Hubert ’s so I ’ve already had that so. But you know would that have made a difference, I don ’t know. Todd Gerhardt: In this case it would not. Chanhassen City Council – November 25, 2013 35 Mayor Furlong: Right. Todd Gerhardt: In another case that we had in town, if we did have the ordinance it would have so it ’s just, you know it ’s like anything. It ’s what kind of tools you have in your tool box to try to stop the inappropriate acts of others. Roxanne Wilden: Yeah, so I think education is an important thing. That when they get approved for license saying that they ’re legitimate therapists. That they ’re not an over the weekend, by a friend and calling them a professional therapist you know. I know that ’s probably a lot of extra work but all they have to do is show a copy of their certificate. National certificate. Schooling, whatever so. Mayor Furlong: You raise a good point and I know that that ’s something that we talked about earlier and I ’ll try to respond a little bit from a thought standpoint as one of the earlier versions did include licensing of the individual therapists and there was concern that for a business such as your ’s where that ’s what you do, there isn ’t a lot of employee turnover but for other businesses there may be and so we wanted to be cognizant of the fact that there may be ongoing paperwork. Roxanne Wilden: Well they could pay themselves too you know. Mayor Furlong: I ’m sorry. Roxanne Wilden: They could pay themselves. It might not be just the owner of the business that would be paying. Mayor Furlong: Understand. It wasn ’t the intention here to establish a minimum requirement for people to have a certain level of certification or certification from a particular organization in order to operate a massage therapy business in town or to be a massage therapist with another business. It was really to try to identify who the people were that were owning the businesses as opposed to working with the individual employees at this point. Might it come to that? It might. It ’s not our objective I don ’t think to try to restrict people from opening businesses. Legitimate businesses. Roxanne Wilden: Yeah. Mayor Furlong: We ’re working on addressing the illegitimate businesses and in terms of the obvious training and experience and such that you bring and others with your skills and experiences bring, the marketplace, those things tend to work themselves out as well versus the gentleman that was trained over the weekend by a friend. Roxanne Wilden: Well I know 3 people right now that are working as therapists that have no education. They just read on the internet whatever so. Mayor Furlong: Understand. Understand. So that wasn ’t the goal and objective here. Roxanne Wilden: Right. Mayor Furlong: But that ’s certainly something that may come in the future. Roxanne Wilden: But if they ’re serious about it, you know to me they would be getting an education. That ’s my thought. Mayor Furlong: I would agree and that goes for most professions, if not all of them. Chanhassen City Council – November 25, 2013 36 Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes. Councilman Laufenburger: Ms. Wilden asks a good question regarding would the establishment at Stone Creek have been prevented from opening if an investigation had occurred. The answer is. Todd Gerhardt: No. Councilman Laufenburger: I think we already know that the answer is no. However Lieutenant Enevold said that had the licensing been in place, the investigation of the owner would have been easier because we would have had names and address of the business owner and that was something that was not in place so holding the business owner accountable I think is right now is as far as this council wants to go so, but thank you for your comments. Ms. Wilden. Mayor Furlong: Yeah. I think the other aspect of that too is that while that may not have identified anything in this particular person ’s background, having that step may have prevented them from even locating here. That we don ’t know. Roxanne Wilden made comments from the audience that were not audible. Mayor Furlong: Right. Right. Okay, thank you. Appreciate your comments. Is there anybody else that would like to comment on this proposal? Chris Bagdons: Good evening . My name is Chris Bagdons. I ’m co-owner of Ovations Health Spa, which is on the corner of 7 and 41. We ’re just inside Chan here and I also agree. Education is a huge part because if you go through all those credit hours you ’re going to do stuff to not get in trouble and lose. You know I ’m still paying off student loans 10 years later. And I don ’t fall into the requirements that you guys are looking for because I have a chiropractor on staff but I ’m wondering if there ’s stuff that I can do to help with, if something like this were to happen in my establishment, who do I call? What information do you guys need? Anything like that. If a patron comes and solicits for prostitution. Is it the same stuff that that happens. That ’s a question that I have. Mayor Furlong: You know that ’s a valid question. Mr. Gerhardt. Todd Gerhardt: He should call 911 or call the sheriff ’s office and ask for Lieutenant Enevold and, or call City Hall. We ’ll work with you and have an investigation to make sure that you know that isn ’t happening. You can ’t solicit. That ’s against the law also and so we enforce both ends of it and you know what we were trying to attempt here with this ordinance is to walk first and we didn ’t want to put everything in there in the beginning. We ’re just kind of testing waters here and see what we can create from this and then if we need to make modifications we can always bring it back to the mayor and council for consideration down the line. Right now we just want to walk but if you have anybody that is in there soliciting, don ’t hesitate to call City Hall or 911 and try to get a license plate or drivers license or something like that. Chris Bagdons: Right, and we always clients to an intake form and ask for name and address. If they ’re going to be doing illegal stuff I don ’t know how truthful they would be on that form but. Todd Gerhardt: Yeah. Yep. Chanhassen City Council – November 25, 2013 37 Chris Bagdons: Okay, thank you. Mayor Furlong: Thank you. You know I think the other thing, and you bring up a good point i s that even with this ordinance, if it does go forward tonight, the sheriff ’s office, Lieutenant Enevold, his staff, the Carver County Sheriff ’s office is not going to stop their investigation and enforcement of all the activities, the detective work that they ’ve been doing when people call with concerns. Whether it ’s someone in business, as you mentioned, or a neighboring business or another location where there may be suspicion that some illegal activities are going on, they ’re still going to be investigating those and still be active in that regard as well so they ’re not going to be back in town in their activities. Todd Gerhardt: Mayor, it ’s just good for us to know if that activity is still going on in the community so it makes us aware with our ongoing investigations, it might be a trigger to another site in town so whenever you experience anything that you think is questionable, don ’t hesitate to call. Mayor Furlong: Thank you. Anyone else that would like to provide public comment on this matter? Alright, thank you for those and thank you for the other people and businesses that have provided emails and comments throughout this process as we ’ve been considering alternatives for the ordinance. Any follow-up questions for staff? No? Any thoughts or discussions? Anyone would like to make a motion? Mr. McDonald. Councilman McDonald: Yeah. I make the following motion. That the Chanhassen City Council adopts an ordinance amending Chapter 10 of the Chanhassen City Code concerning licensing Massage Therapy Businesses. I further would put into the motion tonight that as an incentive to help in the assistance of the implementation of this new program, and in recognition also of the public service benefits and of doing so in a quickest manner as possible, and also to recognize the businesses that have performed a service within the community, that what we would do is that if businesses submit their applications prior to December 31 of 2013 that they would pay a reduced fee of $25 for the license and only $125 for the background check for a total fee of $150. Otherwise everything becomes effective as of January the 1 st of 2014 and that all businesses must have their applications submitted to the City by January 31, 2014 or they ’re in non-compliance with the statute. That ’s a lot but. Councilwoman Ernst: That was an attorney ’s version. Mayor Furlong: That was just fine. Councilwoman Ernst: I second that. Mayor Furlong: Thank you. A motion ’s been made and seconded. Is there any discussion on the motion? Hearing none we ’ll proceed with the vote. Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City Council adopts an ordinance amending Chapter 10 of the Chanhassen City Code concerning licensing Massage Therapy Businesses, and further as an incentive to help in the assistance of the implementation of this new program, in recognition of the public service benefits of doing so in the quickest manner possible, and recogniz ing the businesses that have performed a service within the community, businesses that submit their applications prior to December 31 , 2013 would pay a reduced fee of $25 for the license and $125 for the background check for a total fee of $150. Otherwise the ordinance becomes effective as of January 1, 2014 and all businesses must have their applications submitted to the City by January 31, 2014 or they a re in non-compliance with the statute . All voted in favor and the motion carried unanimously with a vote of 5 to 0. Chanhassen City Council – November 25, 2013 38 Mayor Furlong: Thank you everyone and thank you Laurie, Todd and everyone else that was involved in working through this. And I thank our area businesses for being involved and those that spoke this evening as well and provided other comments. Roxanne Wilden: I have a question here. Mayor Furlong: If you could come to th e microphone real quick. Roxanne Wilden: So I have previously done a background check. Do I need to do it again? Mayor Furlong: You will need to work with the City and you can talk to Ms. Hokkanen as far as getting an application and getting that submitted right away. Roxanne Wilden: I just did that like oh, I don ’t know maybe a year ago. 6 months ago. Mayor Furlong: Understand. Yeah, okay. Please work with the City. Ms. Hokkanen can get you the information you need. Thank you. Let ’s move on to our next item of business. CONSIDER PLANS AND SPECIFICATIONS AND JOINT POWERS AGREEMENT FOR LYMAN BOULEVARD IMPROVEMENTS BETWEEN POWERS BOULEVARD AND AUDUBON ROAD. Councilwoman Tjornhom left during this item and did not vote. Paul Oehme: Thank you Mayor, City Council members. This is again Lyman Boulevard improvements from Powers Boulevard to Audubon Road. This is a Carver County project so with us tonight is Lyndon Robjent, the Public Works Director and Darin Mielke, the Assistant Public Works Director for Carver County. The City did send out notifications for tonight ’s meeting to the area residents and we did receive one email from a property owner and believe the council has received that email. Mayor Furlong: Yes. Paul Oehme: So I ’ll go through a little power point presentation and I ’ll touch on a couple of those items as well but if you have any other questions regarding that correspondence, please ask me after the presentation. Todd Gerhardt: Paul, is your mic on? Paul Oehme: Yes it is. Todd Gerhardt: Okay. Paul Oehme: So for tonight ’s meeting, agenda I ’d like to just kind of review the project. Look at the detour plan proposed. Talk about right-of-way acquisition and the process involved with that. Review the financing plan and schedule and address any questions that you have too. So the project and purpose is to improve the traffic safety capacity and corridor continuity for Lyman Boulevard from Audubon Road to Powers Boulevard. This section of roadway is consistent with the section of Lyman Boulevard that was reconstructed I think back in 2007, right by the Chanhassen High School. Lyman Boulevard is currently a two lane, undivided roadway. There are some safety deficiencies including there is the surface majority of the pavement surface is in poor condition at this time. Gravel shoulders. Wide gravel shoulders but they tend to run up quite often and then there ’s inadequate, currently inadequate left turn Chanhassen City Council – November 25, 2013 39 lane capacity from Powers Boulevard onto Lyman Boulevard as well. So proposed improvements, construct a roadway to a 4 lane divided section, again consistent with the section just to the west of this roadway. Currently the ADT is right around 13,800 . By 2034 the Carver County ’s estimate for traffic is going to be over 26,000. We plan to add curb and gutter. Concrete medians to the project. Adjust alignment and flatten the grade as much as we can to get better sight distance. Sight lines. Add left turn lanes to existing intersections. Add dual left turn lanes at northbound Powers Boulevard to Lyman Boulevard capacity in that movement. We are planning to add pedestrian bicycle trail on the north side of Lyman Boulevard. Extend water stubs and install steel casings for future watermain improvements. Install steel casing under Lyman Boulevard for a future sanitary sewer extension to the north which is currently well and septic at this time. And then improve street lighting at all the major intersections. So this is the layout that we are currently working through so again red represents the concrete median. The yellow are the through lanes and the turn lanes. The roadway section again we ’ve got about 16 foot median in areas where there is no turn lane and the through lanes vary from 14 to the 16 foot wide, through lanes actually they go down to 12 as well. 10 foot trail on the north side of Lyman Boulevard and this connects into the existing trails at Audubon and the Powers Boulevard. Currently there is a trail gap at this location so once this section of trail is complete, there is continuity of trail from basically Galpin Boulevard on the west side of town all the way into Eden Prairie and this trail corridor will connect into Eden Prairie ’s trail system as well. And also this trail system will connect to, or it will create another internal loop for local residents to use for about a 2 mile loop as well. No trail is proposed on the south side of Lyman Boulevard at this time. Most of the property is undeveloped right now and the comp plan doesn ’t look at, isn ’t proposing to put a trail out here at this time. So I ’d like to just talk briefly about some of the major improvements, specifically the intersections. Again Powers Boulevard intersection that ’s north is to the top. We are adding left turn lanes at this intersection. Currently there is a protective permissive green light out here to allow traffic to turn left onto Lyman Boulevard when the through traffic is coming through. That ’s proposed to be changed out to flashing yellow arrow signal system. Carver County has put I think one or two of these in the county already with good feedback and MnDOT is planning to change out most of the majority of their intersections, and new intersections in the future to these flashing yellow arrow systems as well. Nationally studies have indicated that drivers found flashing yellow arrow to be more understood than the traditional yellow, or traditional green indicator lights that are currently out here today and we have had accidents at this intersection with those movements in mind. Mayor Furlong: So Mr. Oehme if I can interrupt you. The plan is to have the flashing yellow for all directions here for the left turn? Paul Oehme: Just for the, I believe it ’s for the double yellows. No actually it is for. Mayor Furlong: For all directions. Paul Oehme: For all directions as well. Mayor Furlong: Thank you. Paul Oehme: Yep. We are planning to add a median for Lyman Boulevard as well. This purple area right here so making a free right to, traffic from Lyman going onto Powers and then there is a small median here as well for traffic through, channelizing. It ’s such a wide, long intersection it ’s helpful to have those type of medians in these type of situations as well. Mayor Furlong: If I could? Paul Oehme: Yep. Chanhassen City Council – November 25, 2013 40 Mayor Furlong: Can I ask questions now or do you want them later? Paul Oehme: Absolutely. Mayor Furlong: Traffic going eastbound on Lyman then, there ’ll be two through lanes until you get to this intersection and then it will be channeled down to a single through, or there ’ll be two drive lanes and then when you get to this intersection the right drive lane will eit her, it will have to turn right. Paul Oehme: Right. Mayor Furlong: The middle one could go straight or get into the lane turn lane. Is that? Paul Oehme: Correct. Yeah so basically there ’s two through lanes eastbound Lyman Boulevard. The left bound through lane will transition into a left turn lane and a right turn lane at this intersection. There ’ll be one through lane because Lyman Boulevard to the east of here is two lane with the wider median. Mayor Furlong: Okay, is it wide enough that the section of Lyman east of this intersection, is it wide enough to handle two drive lanes if it was restriped? Paul Oehme: I don ’t believe it would be. I think the curb line would have to be widened out to accommodate two through lanes there and then would have to drop a lane on the east side of Powers as well. Mayor Furlong: Yeah I ’m guessing as it drives, as that road continues east towards 101, is the width of that road, I know it doesn ’t have a median in there. Is the width wide enough for 4 lanes of traffic? Paul Oehme: I believe it has, yeah when we went, when this was built through 212 I think it does have the capacity, is my understanding for 4 lanes without turn lanes or without medians basically. Mayor Furlong: Okay. Paul Oehme: That could be striped. I think that the pinch point again is, I think it should be able to meet restriping. Mayor Furlong: Okay. Mr. Laufenburger. Councilman Laufenburger: Let ’s go back to the flashing yellow light. Will those two left turn lanes headed northbound on Powers to a westbound Lyman, will they have an advanced green as well? A protected green followed by the flashing yellow. Paul Oehme: There ’ll be a through green there. There ’ll be timed where there ’ll be a designated, dedicated green. Councilman Laufenburger: Good. Okay, so it won ’t only be a flashing yellow. Paul Oehme: Right exactly. It will transition. Councilman Laufenburger: …to the flashing yellow so that the southbound Powers traffic has the full green. Chanhassen City Council – November 25, 2013 41 Paul Oehme: Right because the queuing at this intersection is such we need that green arrow definitely in there. Then it will transition to a yellow just before it transitions to the red arrow. Councilman Laufenburger: Okay. Paul Oehme: So moving on to Sunset Trail improvements. This intersection, again it ’s going to be widened. Left and right turn lanes will be improved at this intersection. There are currently some sight distance issues that we ’re planning to take care of. The intersection itself will be lowered approximately 7 feet from it ’s current elevation and the Sunset Trail roadway will be realigned farther to the west at their current location about 12 feet to try and get a 90 degree intersection at this location here too for better visibility. Right now it ’s a little bit askew. The intersection to the south, currently there ’s just a driveway there. Planning for future public roadway improvements there we are looking at making that a full public roadway width section with you know two throughs and a right turn lane there as well so trying to plan for that. The driveway currently located at, access the property at 1330, currently the driveway access is on the Lyman Boulevard right now. The plan is to extend a driveway along Lyman Boulevard to Sunset Trail and to eliminate that access point from Lyman Boulevard because of we ’re lowering the profile of Lyman. Widening it out a little bit. That driveway ’s already steep the way it is. Any, we couldn ’t have another access point there at this time. Councilman Laufenburger: That will be a private drive Mr. Oehme? Paul Oehme: That will be a private drive. Councilman Laufenburger: So the project will build the driveway but who will maintain it after once it ’s built? Paul Oehme: The property owner would have to maintain it. And then there ’ll be a retaining wall here as well because the grades are such that to construct a driveway, make it a usable area, definitely we ’ll have to put a retaining wall at that location. So and again right turn lanes. Left turn lanes at all the touch down points. Audubon Road improvement here. Profile is pretty much going to be staying the same at the intersection itself. I think but basically just to the east here the roadway profile does come up about 5 feet from it ’s current location right by Bluff Creek Boulevard. The City has a lift station on the south side of Lyman Boulevard. Right now that lift station has a parking lot and currently accesses onto Lyman Boulevard. The plan is to construct again a stub road here for future, as a future public street stub if and when the property to the west of this location, intersection is developed. So and then access to the lift station would come off of that road as well so better sight lines are going to be made at this location as well. There are some tree impacts associated with the project. However the plan is to mitigate and replant trees along the corridor. Specifically at locations where tree impacts have taken place and then also along the corridor, along the trail corridor as well so mainly on the north side of Lyman Boulevard and then on Powers Boulevard as well. City utility improvements are also planned. Right now we are planning to extend watermain from a stub watermain just east of Audubon to the development at Bluff Creek Preserve. That was, that connection is part of the development plat and construction plans, we are planning to make that extension at this time for future water connections to the development since the development is not extended to that point in time right now. However the developer has agreed to pay for that extension of watermain since it is part of his development contract. So in lieu of assessments payment will come in as the development is built out in this location. There is planned a steel casing at this location here for future sanitary sewer extensions to the north side of Lyman Boulevard specifically to service future needs of Sunset Trail and the parcels to the north here. Right now all these properties are on well and septic, and again we are planning to extend another casing, steel casing at this time right at the intersection of Sunset Trail future watermain extension too once the development on the south side is Chanhassen City Council – November 25, 2013 42 built out. The plan at Powers Boulevard is to extend watermain outside of the roadway section so development on the south side of Lyman Boulevard, when it develops is going to have to dig up the roadway pavement surface and disrupt traffic at this time so these improvements are looking forward. Instead of putting in the improvements when development takes place or when they ’re needed and digging up the road or having to directional bore, it ’s more cost effective to put these sleeves in at this time. As I had mentioned, the roadway is going to be curb and gutter which would require stormwater improvements to be made. Basically catch basins and storm sewer pipe. The existing pond at just east of Audubon has been sized and was constructed with the first phase of Lyman to accommodate drainage on this section of Lyman as well too so no pond expansions are planned at this time in conjunction with this roadway improvement. This pond will take about three-quarters of Lyman Boulevard, all the drainage. The rest of the drainage to the east will be drained and treated in existing ponds that were constructed with the 212 project. Some wetlands will be impacted by this project, however Carver County and the City are planning to mitigate through the normal wetland mitigation process to accommodate those improvements. I ’d like to just touch on the detour of the project, for the project. Since the profile of the roadway is going to change dramatically we can ’t allow traffic to be in the construction zone for this project so a detour will be necessary so the main detour will be from Powers Boulevard down to Pioneer Trail. From Pioneer Trail to Audubon and then back up to Lyman Boulevard. This will accommodate a majority of the project. For this first stage of the reconstruction it ’s probably estimated to take about 12 weeks to complete this work here. There is a small section, about 1,000 feet east of, or west of Audubon that will also have to be reconstructed and closed down to traffic. That will take about a month to make those improvements as well so, all told we, our plan is to start sometime in April or May of 2014 but the goal is to have all the improvements completed before school starts in the fall of 2014. Carver County is acquiring all the necessary right-of-way for the project. In all their 12 parcels that the project needs wither permanent temporary easements, drainage utility easements, so Carver County is going through that process. Has met with a majority of the property owners out there working through those issues as well. Financing of the project. Back in 2009 Carver County applied for and was awarded a federal STP fund grant for improvements to this corridor so a majority of the improvements will be paid through this grant. About 80% of the construction cost so $4.8 million. A little over $4.8 million will be paid by federal government. Carver County is planning to pay about $1.9 million for the project and Chanhassen is responsible for about $1.94 million of the project and here is the funding sources associated with that. Most of it is Municipal State Aid. The gas tax money that we do receive for, from the State. We will have to advance our Municipal State Aid funds for this. This is something that the City has done several times already and without interest so, and the funding for the utilities would be coming out of the appropriate enterprise funds, and again the water, most of the water improvements will be reimbursed by the developer once that section of water, once that section of Bluff Creek Preserve is developed and changes are made. The funding is consistent with the master agreement that Carver County, Chaska and Chanhassen had agreed to to fund the sections of Lyman and this is consistent with that. That agreement and the agreement is in your packet. The City Attorney has reviewed that agreement as well. One thing that is not included in the funding is undergrounding of the overhead power in this area. On past projects the City has considered undergrounding these utilities. We have not received a cost estimate yet from Xcel for that. For that work so once we receive that cost we ’ll get an, bring that back to the council for consideration of undergrounding as well. So in all the project right now, including all the indirect costs, right-of-way, engineering and construction is a little over $8.6 million dollars. So proposed schedule, if the project moves forward, Carver County ’s looking at letting or bidding the project in early February. That actually might move up to end of January depending upon right-of-way certificates and other documentation at the State level and Federal level. And once we receive bids council would need to concur with the bids. Make sure that we are still in budget and that the project should move forward, and then construction would start mid-April or maybe after road restrictions, there is some work that can be done without having to close down Lyman Boulevard completely but sometime in May it ’s anticipated that full closure, that stage, that Phase I that I showed you would have to start and construction would be substantially completed by or before September 1 st . That is the plan, weather permitting so with that I do Chanhassen City Council – November 25, 2013 43 have a proposed motion for you and I, if council has any questions at this time I ’d be more than willing to answer them. And Carver County representatives are here too if you have any questions for them. Mayor Furlong: Okay, thank you. Let ’s start with questions for Mr. Oehme. Councilwoman Ernst. Councilwoman Ernst: Paul can you go back on costs for a second? And maybe you don ’t even need to go back to that slide but I ’m wondering, and I ’m not going to hold you to this but can you provide some kind of an idea of what the electrical undergrounding is going to be? Paul Oehme: You know I ’m guessing it ’s going to be right around $150,000 to $200,000 for undergrounding so it ’s, I believe it ’s a two phase system out there. It runs from Audubon Road in the infrastructure on the west side and it services mainly I think Sunset Trail. It stops right there. Councilwoman Ernst: Okay, thank you. And then I have some questions regarding the email that we got, and I think I got some of them answered but I do have some unanswered questions that I have. So one of the questions that was on here, and I ’m not sure what this whole procedure is but when Carver County condemned the private property for the project the question was asked, why did the City not have a public hearing on the condemnation. Is that typically what we do? Paul Oehme: We ’re not, I can try to answer that one. There ’s no assessments associated with this project so it doesn ’t have to follow through the 429 process. We ’re looking at approving the plans and specs and moving the project forward but it didn ’t require a public hearing. Councilwoman Ernst: So that ’s not something we would typically do? It ’s not a formal process that we would normally go through in this? Roger Knutson: In the typical process you ’re familiar with is, they call a 429 process where you have a public improvement hearing and you have a special assessment hearing and that sort of thing. The proposal here is not to assess the cost so you don ’t have those hearings. So there is no hearing required. Councilwoman Ernst: Okay. Todd Gerhardt: And it typically isn ’t a public hearing. Roger Knutson: No. There are exceptions to that rule but generally with the ones you ’d be familiar with there is not. Councilwoman Ernst: Okay. And then for the access points, one of the questions was why did we withhold the access point. Paul Oehme: Well we are making improvements to all the intersections, left and right turn lanes at all the major improvements. I think you ’re referring to the right-in/right-out turn lane. Councilwoman Ernst: Yes, yes. Paul Oehme: That Mr. Dorsey is requesting. Councilwoman Ernst: Yep. Paul Oehme: Now that right-in/right-out does meet Carver County spacing requirements. However there are wetlands adjacent to that section of roadway where the turn lane would go so this is not part of the Chanhassen City Council – November 25, 2013 44 Federal project more or less so Federal funds wouldn ’t be allocated to making those improvements. The right-in/right-out turn lane that he is requesting is more development driven than corridor, needed for the corridor so typically under those type of scenarios the City has assessed benefitting property owners for right turn lane improvements so basically again the, it ’s not part of the, it ’s not necessary for the project to move forward. It ’s more development driven than anything else and there are wetlands that are adjacent to where the right-in/right-out has to go so there ’s, in the background I had indicated that there ’s some statutory avoidance process and sequencing that has to take place for those improvements to move forward. Again it ’s a development issue basically so it behooves that property owner or the developer, whoever if they want that right-in/right-out to go in there, they would have to take the process through either the avoidance of the wetlands or the mitigation of the wetlands. Councilwoman Ernst: Okay so this wouldn ’t be something that would normally be part of the project and part of our funding. It would be something that the developer would be responsible for? Paul Oehme: Correct. Councilwoman Ernst: From what I ’m hearing you say. Paul Oehme: Correct, under this scenario. Under this case, correct. Mayor Furlong: And because it ’s development driven the other thing because the wetlands are there, there ’s a need to avoid those if possible. Paul Oehme: Correct. Mayor Furlong: I think part of the challenge, lacking a site plan, lacking a development plan, we don ’t know whether or not the avoidance is available or not. So I think what I understood in reading the email and also from the staff report, is that while it meets the distance required by the County for a location, there are other issues that suggest that it might be premature at this point to put one in. Paul Oehme: So I mean if, I think Carver County and the City are amendable to adding the right turn lane in in the future if you know these criteria and the developer, property owner go through the required sequencing for the wetlands and the funding avenue is worked out. Councilman Laufenburger: And Mr. Oehme if, as you say if the County and the City is amenable to this in the future, to create that right turn in, right turn out and the lanes associated with it, there would be a cost associated with building that, correct? Paul Oehme: Absolutely. Councilman Laufenburger: And who would pay? Councilwoman Ernst: To the City. Councilman Laufenburger: Who would incur that cost? Councilwoman Ernst: Right? Paul Oehme: Well under our normal practice for these type of improvements it would be 100% to the benefit of the developer so we would ask that the developer pay for them, so either through assessments, up front you know payment or some other financing mechanism. Chanhassen City Council – November 25, 2013 45 Councilman Laufenburger: So who ’s going to pay for the intersection of Sunset Trail where clearly there ’s a Sunset Trail, you know that road goes to the north but to the south it ’s more like a gravel driveway. Who ’s going to be paying for the entrance from the south into that property? Paul Oehme: Sure. So and we did review that issue as well too, so that was part of the Federal improvement application so that is 80%, that cost is 80% paid for by the Federal government. The City and Carver County, we split about 50% of that cost. Councilman Laufenburger: In other words no cost to the property owners for that? Paul Oehme: Right, right. Well, yes. Right now. Councilman Laufenburger: No cost right now to the property owners for that right-in/right-out at that intersection. Paul Oehme: Right. Mayor Furlong: Well it ’s a full intersection. Councilman Laufenburger: Yeah excuse me, right turn lane but there ’s a right turn lane and actually headed north off the property there ’s a left turn lane forward and then a right turn isn ’t there? Paul Oehme: Correct. Councilman Laufenburger: What I ’m wondering is, is there anyway that that intersection, that that intersection could. Mayor Furlong: Are you talking about Sunset Trail now? Councilman Laufenburger: Yeah, excuse me. The Sunset Trail, is there anyway that rather than at that intersection be built the way it is right now but in lieu of the south side, what would it have taken for that south side entrance to Lyman have been to the west, to the northwest corner of the Dorsey property? What would it have taken for that to occur? Paul Oehme: To move it farther to the west? Councilman Laufenburger: Yeah to the, more to the site where Mr. Dorsey is suggesting this would be a better place. Paul Oehme: Yep, sure. So right now you always for intersection improvements you always try to line up intersections on each leg of the roadway so we want to have a 90 degree intersection. Everybody ’s coming in at the same angle so we would have to shift Sunset Trail farther to the west here and impact grades out in this area and trees and basically slide everything over a little bit more. Councilman Laufenburger: I think I ’m asking a hypothetical question. The question is, eliminate the thing that goes south. Eliminate and instead put that same portion farther down Lyman. What would have needed to take place at some point I ’m assuming in the past in order for that to have taken place? Because what you ’re saying Mr. Oehme, what you ’re saying is that yes, the County and the City would be amenable to having an entrance to the property in the northwest area if wetland mitigation can occur and if it ’s consistent with development. Chanhassen City Council – November 25, 2013 46 Paul Oehme: Right. Councilman Laufenburger: Right. And I ’m suggesting, and maybe this is an inappropriate question but hypothetically it appears that Mr. Dorsey is thinking that this entrance is not a good one to the property whereas the entrance down on the northwest portion of this property is a better entrance. I think that ’s what he ’s asking. Kate Aanenson: Can I ask a question though too? We have an approved AUAR and these two entrance points that we identified for, that have been approved through MnDOT and the County as the main entrance points, those are the places that we ’ve got the two connections in the underlying, the 2005 AUAR so those are the guiding documents that we used for the connection points that have been approved. These locations. Councilman Laufenburger: These? This one at Sunset Trail. Kate Aanenson: Correct. The ones that are being proposed today. The other ones on either properties may be development driven but they were not the approved T intersections approximate that we looked at under the guidance of the AUAR because we know this connection, how that will serve the property. We look at that underlying transportation and we know on the Degler piece that ’s going to loop back all the way back over to Audubon and those are the connections that were made under that document. Mayor Furlong: And I guess the, if Mr. Laufenburger if the hypothetical you ’re asking is, eliminate this access and put one in in the northwest corner. I didn ’t get the sense that he wanted this one eliminated and that one instead. My sense was he wanted both of them. Is that your ’s? Paul Oehme: That ’s my sense too meeting with him. Mayor Furlong: Mr. Gerhardt. Todd Gerhardt: Yeah he ’s been to all our meetings and he understands that a secondary access is needed to a site and that ’s where he ’s asking for the right-in/right-out is a secondary access to his site. It ’s still you know premature because you don ’t have a development in front of you. The extension of Bluff Creek Boulevard going to the east, could that be a secondary access? You know having the Degler development accessing through the Dorsey property is another one that would provide the Degler development for a secondary access. You know that ’s what we planned for so that ’s kind of where he ’s coming from. He definitely doesn ’t want to give up this intersection and. Councilman Laufenburger: Well then I ’m misreading his email because I ’m quoting from his email. Our belief is the location for a curb cut into our property. Todd Gerhardt: That ’s the right-in/right-out. Councilman Laufenburger: Should be where we have requested it. Todd Gerhardt: Paul, why don ’t you bring up the drawing and show where he wants the right-in/right-out. Paul Oehme: I don ’t know if I have that. It ’s farther to the. I don ’t think I have that area. Councilman Laufenburger: I don ’t need to occupy the council ’s time with this. It ’s just, it seems to me that, I understand that the development drives this and I understand that this, what you ’re showing here is Chanhassen City Council – November 25, 2013 47 the potential access on the northwest corner. I understand why that ’s not included now. Just I ’m trying to picture what would it, what would the property owner, Mr. Dorsey need to have done in order to have that one in place instead of this one. I think I must have misread his email so, he ’s asking, he ’s looking for two. Paul Oehme: Yeah, I think he ’s looking for two. Councilman Laufenburger: Yeah, okay. Councilwoman Ernst: Mr. Mayor may I continue on with my questions? Mayor Furlong: Yeah, just a minute. Councilman McDonald: …right-in/right-out because there are no detailed plans so that ’s why it ’s not there. I can accept that. What Mr. Laufenburger is bringing up, why would you give up that one because now you lose access to the house that ’s sitting there and also we went and again carved out that homestead as a separate piece of property so you still need an access to that property and the right-in/right -out was outside of that property line when we went and granted him the separation of that lot so, if I ’m correct. I mean without a detailed plan for the right-in/right-out it ’s premature to even place at this point. Paul Oehme: I would agree with that statement. Councilman McDonald: Okay. Paul Oehme: So this development or this property needs a full access point so the only location for a full access is at Sunset Trail so that ’s where the first primary access has to be. Councilman McDonald: Right. We ’re talking about two pieces of property. It ’s the one he carved out, which we ’ve given an access to off of Lyman and then it ’s the potential future access for the other property that he holds down there and where that ’s going to be is going to be determined by detailed plans as they come in. Councilman Laufenburger: So I get it. Clearly the access point which is planned, in place, funded, approved is at Sunset Trail and you are saying that if he would like to have an access point in the northwest corner in the future, you ’re open to that along with, you and the County would be open to considering that when it ’s consistent with development and also mitigation of wetland, if there ’s any impact. Paul Oehme: Yeah, we have to go through the sequencing of the process. Councilman Laufenburger: Yep, yep. Okay. Todd Gerhardt: And another thing that the council should know is that the right-in/right-out would be cheaper to be built if it was with the project. Waiting down the line you have some grade issues that get established and so some slope issues from the completion of the road versus planning for the right-in/right -out. Mr. Dorsey would want you to hear that. Councilman McDonald: Well but the thing is too, we may not want an access point onto Lyman. We ’re only required to make sure he has access to his property. That could be achieved through some other method at some future point so that ’s why it ’s premature at this point to look at any access beyond the homestead access so I think I understand what the issues are. That ’s why it ’s not there and it doesn ’t need Chanhassen City Council – November 25, 2013 48 to be there at this point because we don ’t have any plans for that property. Paul Oehme: If he brings in a development and that ’s the only access point, I mean we ’ll have to take a look at it. Councilman McDonald: Right, then we ’ll have to deal with it because we ’ve said it would be acceptable under certain conditions so it is reserved. It ’s just there ’s no guarantee we ’ll do it. Paul Oehme: Correct. Mayor Furlong: Alright, Councilwoman Ernst other questions? Councilwoman Ernst: Yes, I ’ll continue on with my questions. So the other comment that he made is a long term drainage plan is missing on the south side of the road. I think you may have already addressed but just to be clear. Paul Oehme: South side of the road. Mayor Furlong: This is point number 2 of Mr. Dorsey ’s email? Councilwoman Ernst: Yeah. Paul Oehme: Okay. I think what he ’s referring to there is, there currently is, there is a culvert under Lyman Boulevard and the County is planning to extend that culvert at it ’s current location, picking up the same drainage that currently is there today and having the water flow down and drain down to Bluff Creek Boulevard so I think his concern is, you know right now there ’s a ditch section right there. There is some wetlands that are out there right now. In order to urbanize it I think is his desire to put a pipe in there. Councilwoman Ernst: Yep. Paul Oehme: Those wetlands would have to be mitigated to be additional stormwater improvements that would have to be necessary as well. We ’re a little bit reluctant to go there right now because of the mitigation issue and the wetland impacts that are associated with that. Again we don ’t have a development plan for this area too so it ’s hard to figure out what the drainage pattern or what the drainage improvements should be too. What size pipe we should use out here or what not so I think urbanizing it to the level of what Mr. Dorsey has requested is maybe a little bit premature at this time. Councilwoman Ernst: Until you see a plan. Paul Oehme: Until we see a plan. Councilwoman Ernst: And then the other thing, and this probably pertains to the same comment you just made. The elimination of the drainage culvert under Lyman Boulevard. Paul Oehme: Yep. So this is the culvert that he ’s referring to right here. So it ’s basically just west of Sunset Trail. That culvert, this green line right here, that represents where the drainage area is. That basically goes into that culvert. This driveway here is kind of a high point and kind of channelizes all the water down to this culvert right here so it ’s about 7, a little over 7 acres of drainage that ends up in this culvert. Pre-reconstruction of what ’s out there today, back in ’91 there was an existing culver that was out there as well so basically back in 1980-81 Carver County replaced the 15 inch culvert that ’s shown Chanhassen City Council – November 25, 2013 49 here with an 18 inch culvert that ’s currently out there today. Now the plan is to increase that culvert from 18 inch to a 24 inch. Basically keeping it at the same location. He ’s again, this culvert potentially feeds some of that wetland on the south side of Lyman Boulevard. The City and Carver County ’s a little reluctant right now to eliminate 7 1/2 acres going to that, and knowing that potential eliminating that drainage would impact those wetlands and the City and the County would be responsible for mitigating for those wetlands. I think Mr. Dorsey ’s request is to eliminate that culvert and run it down the north side of Lyman Boulevard. Councilwoman Ernst: Right. Paul Oehme: Basically creating a ditch section there. That would create additional impacts to the existing property owners. Again there ’d be more tree loss. Ditch section. More right-of-way. Culvert underneath these driveways so I think that ’s the reason why the Carver County has elected to have the culvert remain in place today so, it will be less impacts and it will be cheaper for us to leave that as it is today. Again knowing that we have wetland potentially impacts if that culvert ’s removed. Councilwoman Ernst: Okay. And then the one last question I have is regarding the Preserve development and bringing in the utilities. Paul Oehme: Yeah I addressed that. The cost for those improvements, if I can bring that section up again. We did work with the Preserve developer. Councilwoman Ernst: And you did address all that. Paul Oehme: Yep, they ’re going to be paying for the extension of that watermain. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Any other questions? Councilwoman Ernst? Councilwoman Ernst: Nope, thank you. Mayor Furlong: No? Other questions for staff? Okay. Thank you. Mr. Oehme with regard to the undergrounding of the electrical, you said we ’re going to wait to see what the estimate comes back. You gave us your estimate. Where ’s the source of funding for that if that ’s something we want to go forward with? Paul Oehme: That ’s, and in past projects we ’ve used pavement management funding source for that project. Those projects. I don ’t think State Aid funds would be appropriate for the undergrounding. I don ’t think that ’d be allowed either so I think our only avenue is some other street improvement funding source. Mayor Furlong: Okay. Alright. And that will be part of the information that we receive back. Paul Oehme: Correct. Mayor Furlong: At that time. Todd Gerhardt: Isn ’t the agreement with Carver County that ’s 50/50? Mayor Furlong: Which 50 is our ’s? Chanhassen City Council – November 25, 2013 50 Todd Gerhardt: The smallest. Mayor Furlong: Alright, thank you. Any other thoughts or comments? I ’ll entertain any comments from Carver County. On which side of the 50 you want. Lyndon Robjent: The smallest side. Mayor Furlong: Yeah well we ’ve got two people with the smallest. Lyndon Robjent: Mr. Mayor, members of the council. Mayor Furlong: Good evening. Lyndon Robjent: Lyndon Robjent, County Engineer. Thanks Paul. I ’m just here to say thank you that you ’re considering this item and that we can move forward. We ’ve been, as you know designing this for quite a long time and we ’re ready to go to construction and get this thing built next year so hopefully we can move forward and we appreciate all the support the City ’s given us. We have worked extensively I would say with a few property owners and they have made some great suggestions, specifically Mr. Dorsey has been actually a pretty good resource. I ’ve met with him for many, many, many hours and he did come up with some, him and Jeff Fox some good ideas to improve the design and we took those into consideration. Paul mentioned lowering the grade. We did that. We thought that was a good idea. We ’ve worked very hard on this and I think we have a good compromise where we ’re at. Mayor Furlong: Great, thank you. Questions? I have just, if you ’ve got just a minute. First of all I want to thank you and the County for taking the lead on seeking the Federal funds for this section. It really made it possible from a financial standpoint to move forward with this section so thank you for doing that and for your work there on the TAB and working with the TAB in doing that. With regard to the section of Lyman east of Powers, which I was asking a little bit about the width and stuff, is this, when this becomes a 4 lane road and as this part of the city grows, are we going to continue to monitor traffic along that section of the road and evaluate, and I assume if appropriate look at restriping that section as well? We ’ve got development occurring over at 101 with the river crossing and 101 and work there. I can just see this area and the traffic increasing so I think making sure we have the appropriate roads to do that, and again thank you for your work on 101 that you ’ve done and such but is that something that you continue to monitor I assume and evaluate traffic and? Lyndon Robjent: Yes. Mr. Mayor I think our current traffic model do es not show a need for a 4 lane. Mayor Furlong: Okay. Lyndon Robjent: East of Powers. Mayor Furlong: Okay. Lyndon Robjent: Obviously you know with the Met Council and their new numbers, obviously there ’s some questions on those still. Mayor Furlong: Right. Lyndon Robjent: Growth for us too and every, a lot of the cities in Carver County. Chanhassen City Council – November 25, 2013 51 Mayor Furlong: Right. Lyndon Robjent: We do have a county wide traffic model that looks at every roadway. Mayor Furlong: Okay. Lyndon Robjent: We update that periodically. Actually we ’re updating it this month. Mayor Furlong: Okay. Lyndon Robjent: So, but as of now there is no need to expand that road in the next 20 years. However, if something changes we will address that. Mayor Furlong: Yeah …counts change. Lyndon Robjent: I ’m not sure, I ’m not sure if the bridge is wide enough to handle a 4 lane road. We ’d have to look into that at the time of the highway. Councilman Laufenburger: The bridge on Lyman over 212 you mean? Lyndon Robjent: Right. Mayor Furlong: Okay, very good. Thank you. Appreciate your efforts and help on this. Lyndon Robjent: Yes, thank you. Mayor Furlong: Any other questions? If not, let ’s bring it to council for your comments. Thoughts and comments. I think this is a great project. Again thank you to the County for their lead and for seeking the funding that makes this possible to move forward from a financial standpoint and really appreciate it. I know we have the need from a traffic standpoint too. There was an accident at Powers and Lyman just recently and comments that I ’ve received from residents indicate that that intersection needs improvements so it ’s nice that we have something in place as soon as we do. And the response time? Yeah. And then I think too with the, with the, as I said with the traffic and when development occurs, we have the flexibility to support the development in the plans there so I do want to comment too. The comment that was made about Mr. Dorsey. I give him credit for being thorough and looking forward and not as many people can look forward and see what opportunities might exist or what might be, might occur going forward as he does and he deserves credit for that and looking at options. Looking at what can be rather than just what is and so I think. Councilwoman Ernst: And persistent as well. Mayor Furlong: Well he is persistent but I think he thinks with vision. Councilwoman Ernst: Exactly. Mayor Furlong: And looks at what ’s there today and how can we get to where we want to be and what can it take and when is the right time to do it so while we may not agree with him on this it doesn ’t sound like because of the timing, it ’s not that we don ’t agree eventually as well. I do want to, I think there are some residents that might want to provide public comment so before we get too far, if there is someone that would like to provide public comment, be happy to listen to that now and I apologize for jumping ahead. Chanhassen City Council – November 25, 2013 52 Jeff Fox: Good evening Mayor and council. Mayor Furlong: Good evening. Jeff Fox: Council members. My name is Jeff Fox representing the Fox Family at the south side of Lyman, east of, west of Powers. I want to compliment Lyndon and the work he ’s done to help get this project to move forward with the assistance of the City itself. There ’s been a lot of improvements made by lowering the road and raising the grade at the lower end and with the turn lanes and the divider, they ’re all positive signs for the expansion of this road. What our concern was, is why it ’s been addressed with this right-in/right-out. The property ’s been guided for regional retail and the altern ative is office and there was a, I don ’t know I can say communication gap between the City and ourselves but the City went ahead and had a preliminary done by Culver and Associates and with some different layouts. Just preliminary draft layouts and they showed even within that retail, with the plan, I don ’t know what the model was. If it was 50/50 or what it was but they showed the need for a second access point off of Lyman Boulevard. Preferably a full interchange. A full second interchange access point off of Lyman. That was with a heavy amount of retail. We don ’t know what ’s going to happen. We don ’t know if that ’s going to happen but I did hear tonight that was positive to hear from Paul say, yeah provided that the development does require it, we can get that access in there if going through the proper procedures as far as mitigating, if that is classified as wetlands. I don ’t think it ’s gone in front of the TEP panel yet. I think there ’s comments made that it still got to go in front of the TEP panel because it says in the thing it has been but it hasn ’t. I think that still has to be done. So I ’d like to just go on record and make sure we understand that we believe with the guiding that ’s there, that it does need a second access and it was addressed to by the County accepting it. Seeing the need for that could be there and we ’ve got that from the City to this point and I think if you can get that Paul in writing with the subject that who pays for it is the only concern that was there so I just wanted to make that matter of public record. Mayor Furlong: Okay. Thank you Mr. Fox. Others? Jeff Franz: Council members. Mayor Furlong: Good evening. Jeff Franz: My name is Jeff Franz. I ’m the, if you throw up the map there, I ’m the guy on the corner of S u nset Trail and Lyman. Mayor Furlong: Sure, okay. Which corner? Paul Oehme: I ’ll bring it up for you. Jeff Franz: Northwest corner. Mayor Furlong: Northwest, thank you. Jeff Franz: Mr. Oehme, hi. I started this project with him or he started with me on it. From my perspective I ’d just as soon they leave it the way it is but that ’s okay because expansion and growth and everything else is good. For me the personal aggravation is dealing with the people that you ’ve got that are taking our property. And I ’ve been, I haven ’t been able to, and now that maybe somebody from Carver County ’s here they can tell me but I don ’t know who ’s responsible for hiring them but when they come in and offer like say 20 to 30 cents on the dollar for what that land is worth and then they pick comparable properties that are west of our ’s that are undeveloped. No street lights. Unpaved roads. I Chanhassen City Council – November 25, 2013 53 don ’t think it ’s a comparable thing and between Powers and the bottom of the hill. Where the two driveways are …property is one of them. There ’s 7 property owners there and 6 of us got together. Two of them have settled at over twice what the original offer was at the very least and we ’ve all had to hire attorneys so if you ’ve got a negotiation, you know I ’m not too good. I can walk away if I don ’t like the price. If I want to buy something or sell something, if I don ’t agree I can walk away. I don ’t have that option here. I have to accept it so I can either accept 20 cents or 30 cents on the dollar of what that ’s worth and the loss of future value or I can hire an attorney and hire an appraiser and the State says you have to give me $1,500 for an appraiser. Well it ’s going to cost $4,000 to get an appraisal that I can take all the way to a trial with all the proper documentation and everything that ’s going to support a true valuation of my property. So when I ’m all done I get a fair value of it, plus I get to pay the attorney and then the appraiser so, you know eminent domain and all that stuff is good and progress is good and I ’m all for that. I like the expansion. When I first saw that spot 20 years ago when I was making a sales call on FSI, that was a gravel road and now I wondered where the heck am I? And now I ’m living on that corner, okay so that ’s all well and good but I just think you know that it reflects pretty poorly on your folks when you have people hired that represent you to deal with people like me and the other 6 people that live on that road, that they come in and state things, I won ’t say dishonestly but I ’ll say select their words very carefully to give you a certain impression. When somebody says well we can ’t replace your mailbox because well it wouldn ’t be code and I say well I paid to have a brick one. Why don ’t you pay me to do that and he said, well we ’ve never run into that before, and he ’s been doing it for 30 years. I really don ’t believe him. You know they ’re going to pay me $100 for a tree that ’s 20 feet tall and it ’s …years old. Don ’t pay me for a new tree. Give me a new tree that ’s 25 feet tall. Well we don ’t do that. So just, it ’s a frustration with the process that leads to you know a lack of trust in the whole process. Mayor Furlong: Well and who would like to respond in terms of the process for the right-of-way acquisition? Lyndon Robjent: Yes, well I think we know the process on, the City knows the process for right-of-way acquisition. We ’re required to get a fair market appraisal. We did that. I think we hired Patchin Messner on this one, which have done multiple appraisals in the county. And then because it ’s actually a Federally funded project we get a review appraisal. You can ’t just have one. You have to have another independent appraiser appraise that. Then we start negotiation obviously a written offer is made to the landowner. Now I ’ve heard this from other folks that there might have been a communication gap between our consultant and some of the residents. I ’m hoping that we ’ve started to fix that because we were in, it ’s not your fault. It ’s my fault …point with our right-of-way agent at Carver County so we hired some help for that and now we have a full time right-of-way agent who ’s kind of taken over control of the project and … Due to technical difficulties a portion of the audio recording was lost at this point in the discussion. Lyndon Robjent: …what we do, we try to negotiate a settlement. We don ’t like to use eminent domain so I ’ll work with you to make sure that, and I ’m not sure if we ’ve received your appraisal. That he was correct. We pay for that so the landowner can get their own appraisal that the County pays for and we can use that to help with the negotiations so I ’m not sure where the gap is on this one but we ’ll find out. Mayor Furlong: Okay, and it sounds like there are other residents along the corridor too that have similar concerns so. Jeff Franz: There are 4 of us that are, basically haven ’t settled. Two that settled when the price s was more than doubled. Mayor Furlong: So should they be talking to you Lyndon or? Chanhassen City Council – November 25, 2013 54 Lyndon Robjent: Sure. Mayor Furlong: Okay. Or to whoever. Jeff Franz: Now we ’ve engaged an attorney so somehow he needs to get compensated. Then there ’s an appraiser that needs to be compensated. And you know basically we weren ’t going to offer any of that until, before the commission here. Mayor Furlong: And I think that ’s an issue beyond the City Council here. So I don ’t think we have to get into the details tonight. I would encourage you, if your attorney can speak to Mr. Robjent or contact the county attorney or whoever. Jeff Franz: If that ’s a resolution, that would be wonderful. Mayor Furlong: Well, and I would say start with Lyndon and then see where it has to go. Jeff Franz: Okay, thank you for your time. Mayor Furlong: Sure. Thank you. Good evening. Asim Syeda: Good evening Mayor and City Council. My name is Asim Sye da . I ’m the owner of property 1561 Lyman Boulevard. So it ’s next to Jeff ’s property. Mayor Furlong: See if we can get a picture here. Asim Syeda: Yep, that ’s my property there. Councilman Laufenburger: Your ’s is the property to which all the water migrates, is that right? Asim Syeda: From that property I believe that migrates down. Councilman Laufenburger: To your southwest corner. Asim Syeda: To the southwest, yes. Mayor Furlong: Okay. Asim Syeda: So first of all I do echo what Jeff have already said. This h as been a very disappointing process so far. I have spend a lot of time trying to talk to people. Trying to understand the system. I ’m not from this country originally and I thought things would be done better here but so far my experience has been very, very bad through this whole process. But since Jeff already talked about it I won ’t bring that issue about the compensation but my questions and concerns are, for my property there is I believe there is no right lane. Is that right? There ’s no proposed right lane to get into my property. Paul Oehme: There ’s no right turn lane. Asim Syeda: There ’s no right turn lane, yes. Paul Oehme: Correct. Chanhassen City Council – November 25, 2013 55 Asim Syeda: So could you tell me what the speed on the road? Paul Oehme: I think it ’s designed for 55 miles an hour. Asim Syeda: 55 miles an hour. So you expecting me to make a right turn at a 55 miles per hour speed? If I slow down then the whole traffic behind me has to slow down. So my first question is regarding the safety. This whole project is for the safety of the people, or for the public safety. Where is the safety of the homeowners that are living on that corridor for development? What consideration has been made to make sure the residents are safe along that corridor? So I have more questions regarding safety related. One is on the opposite side for the Dorsey, we had that discussion, Lyndon had discussion about the owner on the south side of the Lyman Boulevard. That owner is getting right lane for their property. Why not my property? And it ’s not only just me. There ’s another neighbor to my property who enters from the same lane. Paul Oehme: So there ’s no right turn, right-in/right-out there at the property to the south proposed at this time so that ’s we ’re under discussion. To your property, you know I think maybe since this is a Carver County road, maybe they should address that situation too but typically you know for driveway access points, I think it ’s what, the speed limit is 45 miles an hour out there right now. It ’s, the design didn ’t warrant I think a turn lane at that location. There are other access points in the area similar to this that seem to function fine but I think you know maybe Mr. Robjent can fully address the right turn request better. Lyndon Robjent: Mr. Mayor, members of the council. Typically to answer the question about the right turn, we don ’t build right turn lanes for driveways. There ’s just not enough, there ’s not a warrant to do that. Not enough turning movements a day to warrant a right turn lane. It ’s simply too expensive. One thing that ’s different about the before and after is, the traffic will only be going one direction so coming in or out of the driveway you ’re dealing with looking one way only. You ’re not worried about traffic in both directions bec ause the median will be there so, and there ’ll be an extra lane so if you ’re making a right into your driveway, hoping people are paying attention. If they are in your lane, they have another lane to move into to get around you but bar in my answer is we can ’t afford, we just simply can ’t afford to build a right turn lane for every driveway on a roadway. It ’s just not cost effective. Mayor Furlong: Is there, are there two drive lanes at that point in the road? Lyndon Robjent: Yeah. The whole corridor is two. Mayor Furlong: Each way. Lyndon Robjent: Yep. Mayor Furlong: So four. And is there any area for shoulder or anything to the curb or is the curb right near there? Lyndon Robjent: I believe, you have 14 foot lanes. Paul Oehme: I think it ’s 14 foot lanes. Lyndon Robjent: Minimal. Mayor Furlong: So not much. Chanhassen City Council – November 25, 2013 56 Lyndon Robjent: No, there ’s probably between the car and the edge of the roadway to the gutter, or to the edge of curb is probably 2 to 3 feet. Due to technical difficulties a portion of the audio recording was lost at this point in the discussion. Paul Oehme: …with arterial collector roadways so in the future we did look at these lots, you know since they ’re not sewered and watered at this time that maybe they could connect onto Sunset Trail in the future for future access too and I know I talked to the property owner about that previously and I know that he ’s been talking to the planning about that as well too but that ’s. Mayor Furlong: Can they get over there? Paul Oehme: Well they ’d have to work out you know agreements with some of the property owners over on Sunset Trail but even I think when sewer and water comes in there, into this area I think that ’s the time because there ’s going to have to be some sort of cross access agreements for the utilities. I think access definitely has to be part of that equation. Mayor Furlong: Okay. Councilman Laufenburger: Mr. Mayor, Mr. Robjent. There will be, I noticed that there are two driveways that enter on Lyman. Mr. Syeda and then somebody immediately to your west. Okay, so I ’m assuming that there will be a cut out there though for both driveways, correct? Lyndon Robjent: Yes. Councilman Laufenburger: Okay. Todd Gerhardt: Yeah and if the property is developed down the line, as a part of that development, just like Mr. Dorsey ’s we would probably require a right turn lane to be installed at that time, but you know until such time the policy and warrants don ’t show for a right turn lane. Mayor Furlong: Mr. Syeda, did you have other comments? Asim Syeda: Yeah. The point that you made earlier about having access from Sunset. I would love to have that but I did come to the City with some talks about that and I was told to bring some plans for the whole neighborhood development and as an individual owner I cannot really spend money to come up with those plans and things like that so certainly I ’m expecting the City to look into that matter further and provide, I ’m certainly willing to work with the neighbors what is needed but City needs to take some initiative. Rather than me asking to take initiative about coming up with those plans in order to get the access from Sunset Lane. Regarding the safety again, there ’s going to be more traffic and I believe there ’s a whole accommodation for this so I ’m very concerned again coming to my property. There ’s going to be more traffic and then I have to make turn at that speed so I just want to make a comment there. And I have been talking to, about this, the negotiations that we are going through. About the safety of my kids. My kids could be running around the property and ask them to do something so there are some way to make sure there ’s some safety behind. Either walls or trees or gate or something and so far I was told that is something they won ’t consider so I ’m not really sure in situations like this to whom should I approach because talking to the negotiator who gave us initial proposal, they ’re not really listening anything. So I just want to know who I should approach to address these concerns and have some resolution for my situation. Mayor Furlong: Are you talking about the right-of-way issue and the easements? Chanhassen City Council – November 25, 2013 57 Asim Syeda: I ’m talking about. Mayor Furlong: The eminent domain or about some fence or security for your children. Asim Syeda: I ’m talking about the whole deal of my issue because when they are developing they should consider the safety of the people living or safety of the neighborhood or safety of the citizens there. Who should I talk to about those issues or concerns that I have with development? Mayor Furlong: Well I think in terms, I mean it would be my sense, and I don ’t think we generally provide gates or fencing along property lines when roads are developed. That would certainly be a property owner ’s prerogative to do that if they so choose to do so. Asim Syeda: Okay. Mayor Furlong: But in terms of the providing a gate or fence or something like that for this situation is typically not included in a road project, to my understanding. Paul Oehme: We are planning to plant some trees along the trail so there is some landscaping associated with the project in front of your property there along Lyman so. Asim Syeda: Okay, thank you. Mayor Furlong: Alright, thank you. Anyone else would like to provide public comment? Thank you for that. Appreciate that. Any follow up comments Mr. Oehme or anything? Any follow up questions for staff on this? No? Okay. Thoughts or comments on the project. We ’ve been asked to provide an approval of plans and specifications and joint powers agreement. Any thoughts or comments on the project? Councilman Laufenburger: I just have a question Mr. Mayor. Mayor Furlong: Mr. Laufenburger. Sure. Councilman Laufenburger: And maybe this is a question to the process. Does the action that we take tonight, is this the final action that we take as a council prior to beginning of construction next spring? Mayor Furlong: Could you put up the schedule one more time? Paul Oehme: Sure. So we had one concurrence of the bids. Basically approving the bids before actual construction starts and entering into contract with. Councilman Laufenburger: But the action we take at that time isn ’t really to say no, we don ’t like this project. We ’re not going to do it. Paul Oehme: Right, yep. Councilman Laufenburger: What we ’re doing tonight is we ’re saying we agree that the project the way it ’s designed with the County taking the lead, we ’re in. That ’s what we ’re saying tonight. Paul Oehme: Correct. Chanhassen City Council – November 25, 2013 58 Councilman Laufenburger: Okay. Mayor Furlong: And so one would be the time if we have conce rns or questions on the design and the scope of the project or any of the aspects that have been raised by residents or others, to bring those up and address those tonight. Councilman Laufenburger: Okay. That clarifies that. Thank you Mr. Oehme. Mayor Furlong: Thank you. So with that any other comments on the project scope or anything else we ’ve heard this evening? If not, entertain a motion. Councilwoman Ernst: I ’ll make a motion Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion the City Council approve plans and specifications, joint powers agreement and resolution for improvements to Lyman Boulevard , CSAH 18 from Audubon Road to Powers Boulevard. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I ’ll second. Mayor Furlong: Motion ’s been made and seconded. Any discussion on the motion? Seeing none we ’ll proceed with the vote. Resolution #2013-60: Councilwoman Ernst moved, Councilman McDonald seconded that the Chanhassen City Council approves plans and specifications, Joint Powers Agreement and Resolution for I mprovements to Lyman Boulevard (CSAH 18) from Audubon Road to Powers Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Thank you everybody. Appreciate it and look forward to seeing this project move forward this coming year. COUNCIL PRESENTATIONS: Mayor Furlong: I ’ll start by wishing everyone a happy Thanksgiving. Obviously the residents and businesses and everyone here with the City as well. Hope everybody has a great Thanksgiving weekend and gets a chance to spend it with family and friends and take time to be thankful for all our blessings. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Couple of things. 101 south of Lyman down to Pioneer is now open and gives you a good feeling to have that open as we get into winter construction and just a nice, quality project. You can see how Bandimere Park is going to expand and see how the trail system is going to work and so nice job by the contractor and Paul and his staff and BRW, or Kimley-Horn. Aged myself there didn ’t I? So nice project and you know it ’s going to be short lived before we close it up again and start construction in the spring but nice to have it open. Mayor Furlong: Just a quick question. How long do we expect the closure in the spring to occur? Is it just the 2 weeks when you ’re working on the intersection? Chanhassen City Council – November 25, 2013 59 Paul Oehme: Right. So there ’s actually having two closures. One south of Pioneer Trail and the connection into existing 101 so that grade has to be shaved back a little bit and the intersection ’s actually. Mayor Furlong: South of Pioneer Trail? Paul Oehme: South of Pioneer Trail and the intersection actually has to be raised up about 3 feet from it ’s current elevation so that ’s one closure, about 20 days. And then the section north of there, the existing 101 that we ’re reconstructing, we figure that ’s going to be at least another 20 days at least to finish up the project. Mayor Furlong: Between 96 th and Pioneer? Paul Oehme: 96 th and Pioneer, right. So another. Mayor Furlong: And those are not happening at the same time? Those would be two different closures. Paul Oehme: That would have to be two separate closures so we ’re going to actually have 3 projects going on next year. The river crossing project. That ’s going to start up in June. Okay, and then the Lyman project as well too. That ’s why we want to try to get the 101 finished up as quickly as we can. Councilman Laufenburger: Mr. Oehme, the road immediately north of the Pioneer Trail intersection, the 101, will that also need to be raised along with the intersection? Paul Oehme: Yep, absolutely. Councilman Laufenburger: Because it looks like it has been raised a little bit already or has it not? Paul Oehme: Where the existing road alignment is? Councilman Laufenburger: Yeah. Paul Oehme: That ’s going to have to be raised up substantially so if you look to the south there where the trail embankment is, that ’s basically where the new roadway is proposed. Councilman Laufenburger: So the dip, obviously the dip between Pioneer Trail and 96 th , that ’s also going to be. Paul Oehme: That goes away. That also gets flatten out. Councilman Laufenburger: Okay. I was on the road after it opened. It ’s wonderful. It is absolutely wonderful. It will be fun to have some trees. Will there be some tree planting on the west side? Paul Oehme: Absolutely. Substantial tree planting. Councilman Laufenburger: …the trail. The Bandimere access in there. It really is nice. It ’s good to have a park like that south of Highway 5. Mayor Furlong: If you only lived there. Chanhassen City Council – November 25, 2013 60 Paul Oehme: We did receive some positive feedback from the property owners along the corridor too. Some of the skeptics too so now that they see what it looks like they really are supportive of what has been done so far. Mayor Furlong: Okay, good. Thank you. Mr. Gerhardt. Todd Gerhardt: Another item that occurred today is that I got notice that the PUC is going to be having their hearing tomorrow on the Westgate transmission line , and the PUC staff has recommended contrary to Xcel ’s burying of the new transmission line along Highway 5, to go above ground so I will be attending that meeting tomorrow with Public Works Director from Eden Prairie so. The way I understand it they will not be taking public comment unless there ’s an error in staff ’s recommendation so been kind of a difficult process. They keep changing their minds and be interesting to hear what the board or commission has to say tomorrow about that. There is some hope that staff also recommended that that cost estimate be looked at. That was one of the issues they had with Xcel, not having detailed costs for the burying of that line so. Councilwoman Ernst: Todd, what is the reasoning behind that? Why are they trying to, why do they want to, why do they want to go above versus underground? Todd Gerhardt: The big rule for the PUC is not to push burden onto the greater use throughout the district so if there ’s not a significant reason to bury the line, other users throughout the region shouldn ’t bear that cost for what we would call aesthetic. What MnDOT would call an impairment along the line or potential hazard in their right-of-way. So that, there needs to be additional discussions with MnDOT on that also is what staff recommended but right now they ’re recommending it go above ground. And in their budget they did allocate half the cost of burying half the line between the substation. The Westgate substation in Eden Prairie to pole structure 57 which sits at the base of the high school property line. South of the railroad viaduct so as I learn more about it tomorrow I ’ll keep you updated. Mayor Furlong: Well thank you for all your work on that so far. Certainly would hope that it turns around and comes out the way we want it to but appreciate all your efforts you put into that. Todd Gerhardt: I know how a tennis ball feels now. Councilwoman Ernst: We thought that was a done deal there for a while, didn ’t we with Xcel? Todd Gerhardt: You know there ’s a lot of regulations that go along with transmission lines and so this will be my first PUC meeting and they have quite an agenda so, I think we ’re on the docket around 11:30 so. That ’s all I have. Mayor Furlong: Okay. Any questions for Mr. Gerhardt or his staff? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: Given the hour, we had one item left on our work session tonight which was to discuss the community survey. Checking with Mr. Gerhardt, next week at 7:00 we will have the Truth in Taxation hearing here in the council chambers. The only work session item we had scheduled for, well we had no items for work session. The only thing we did have scheduled was our executive session. The council only to discuss Mr. Gerhardt ’s performance review. What I ’d like to do is have that executive session begin at 5:30 at our normal work session time. We ’ll then come in here. Complete out that discussion. Come in here for our Truth in Taxation hearing at 7:00 and then finish our work session item left over from tonight, the community survey after our Truth in Taxation hearing. The idea there is only Chanhassen City Council – November 25, 2013 61 the 5 of us, plus Mr. Gerhardt at the beginning to get us set up and then he leaves. Need to be here before 7:00 but then from 7:00 until we ’re done with the Truth in Taxation and the discussion in the work session item, staff and certainly the newspaper and anybody else, the public are welcome to be here so if that is agreeable to everybody, I ’d like to go ahead and make those changes. Did you have a question or clarification? Councilman Laufenburger: After that I wanted to refer back to council because there ’s a presentation I want to make comments so when you ’re ready. Mayor Furlong: Okay. So unless there ’s any clarification, we just make sure those notices get out publicly so people know but I want to mention tonight on camera as well what our change in schedule is there. Mr. Laufenburger, comment. Councilman Laufenburger: Yes. Earlier, I guess it was last week. My oh my , last week I attended a Southwest Chamber event which is, turned out to be really a wonderful event every year and that is each of the 4 mayors representing the cities in the southwest chamber, Victoria, Carver, Chaska and Chanhassen, each of the mayors provided an update and what I found to be just, aside from the fact that our own Mayor Furlong always performs at an exemplary way . Mayor Furlong: Thank you. Councilman Laufenburger: Each of the four cities have significant development that is going on and that just, I think that bodes very, very well for this region and you know I like to think that Chanhassen is a leader in that development but the truth is, each of the four cities have significant development for their particular realm and I think that you know it ’s like the rising tide is raising all ships in the southwest corridor so Mr. Mayor, thank you for representing Chanhassen well. Mayor Furlong: You ’re welcome, thank you. Councilman Laufenburger: And for not embarrassing the Red Birds. Mayor Furlong: I think I did mention the Red Birds. Councilman Laufenburger: Yes you did. I was really appreciative of that. Thank you. Mayor Furlong: Thank you. Anything else to come before the council this evening. If not is there a motion to adjourn. Councilwoman Ernst moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 10:20 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION MEETING DECEMBER 2, 2013 Mayor Furlong called the work session to order at 7:35 p.m. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Laurie Hokkanen REVIEW 2013 CITIZEN SURVEY RESULTS. Laurie Hokkanen reviewed highlights and trends from the 2013 citizen survey , conducted by the National Researc h Center in Boulder, Colorado , which compares Chanhassen to 500 communities nationwide and in the s tate of Minnesota. Overall citizens feel they have a very high quality of life in Chanhassen. Staff explained these survey results will be helpful in continuing to prioritize issues in the coming years. Councilwoman Ernst asked about the response from the website survey. Mayor Furlong thanked staff for working on this survey and commented on the number of people that live and work in Chanhassen compared to previous year s , and the great rating for positive customer service. Mayor Furlong adjourned the work session meeting at 7:5 5 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL SPECIAL MEETING TRUTH IN TAXATION HEARING SUMMARY MINUTES DECEMBER 2, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Laurie Hokkanen and Greg Sticha PUBLIC PRESENT: Jim Boettcher 7476 Crocus Court PUBLIC MEETING ON THE PROPOSED 2014 BUDGET. Greg Sticha reviewed the power point presentation highlighting the proposed 2014 budget. Councilman Laufenburger asked for clarification of the new growth number and when the school district referendum dollars will be bill ed on the property tax statement. Councilwoman Ernst asked for clarification of the operational capital and debt levy changes. Mayor Furlong asked for clarification of what ’s included in the new growth number of 3.8% before opening the public hearing. No one spoke and the public hearing was closed. No action was taken on this item. Final action will be taken at the next City Council meeting on December 9, 2013. Councilwoman Tjornhom moved, Councilman Laufenburger seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The special Truth in Taxation meeting was adjourned at 7:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL SPECIAL MEETING TRUTH IN TAXATION HEARING DECEMBER 2, 2013 Mayor Furlong called the meeting to order at 7:0 5 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: Laurie Hokkanen and Greg Sticha PUBLIC PRESENT: Jim Boettcher 7476 Crocus Court PUBLIC MEETING ON THE PROPOSED 2014 BUDGET. Mayor Furlong: Thank you and welcome to those here in the council chambers as well as those watching at home. We ’re glad that you joined us this evening. Tonight our item in our public meeting here or in our special meeting is the Truth in Taxation hearing in which we ’ll be receiving a presentation, a public presentation on the proposed 2014 budget and tax levy. We will take public comments tonight from the public present in the council chambers. There will be no decisions this evening. The final budget will be considered at our regularly scheduled meeting next Monday, December 9 th . But tonight is a public hearing and an opportunity for residents to participate further in the process and of course there ’ll be opportunities and we would encourage people if they have questions following tonight ’s presentation or have questions and recommendations to staff or to council members, to contact us between now and next Monday ’s meeting. So with that let ’s go ahead and start with a presentation from staff regarding the recommended and proposed budget for 2014 for the City of Chanhassen. We ’ll start with a staff report, Mr. Sticha and then we ’ll have questions from the council and then open up for the public hearing. Greg Sticha: Good evening Mayor and council. Bear with me just a second. I ’m trying to get the presentation. There we go. As the Mayor said this evening, this evening is what has been called the Truth in Taxation hearing. It ’s also been called the public budget meeting. The name of meeting ’s changed over the years. It has, it goes by both names I guess but the business of this evening is to let residents know, based on the Truth in Taxation statements they received about a week and a half ago, what the City Council set for a preliminary levy and also give the audience at home and anybody in the audience here the opportunity to comment on that budget and we ’re also going to this evening give an update on some of the items that have taken place since we set the preliminary levy back in September. Just kind of a catch up on where we are as of today, which will be useful for what we have in front of us for next Monday. Quickly just kind of going over the budget process, for those that are not familiar with the City ’s budget process, this is an extensive one. We started back in, well almost June. Early July with department heads submitting their budget requests to City Manager and myself. We reviewed those in late July. Formulated a preliminary budget that we presented to the City Council. We presented that to the City Council in detail in August at the, I believe the second meeting of August in a work session format. At that meeting the departments went over each of the individual department ’s detailed budget for all of the areas of city functions within the City ’s general fund. On September 9 th City Council passed a preliminary tax levy and adopted an amount to set for the preliminary tax levy that was used for the Truth in Taxation statements that went out a week and a half ago. This evening we ’re having a public budget meeting where we ’re giving the residents an opportunity to participate in the budget process by Chanhassen City Council – December 2, 2013 2 offering their input to the City Council and to staff. Their thoughts or ideas on the preliminary levy and what might be a reasonable final levy. And then next week, as the Mayor said, we ’ll be adopting a final levy, general fund budget, CIP as well as we ’ll be setting our rates for our, all of our rates for our utility funds and any other rate changes from the previous year. Before we get started on some of the numbers that the preliminary levy was based on, what we wanted to do this evening was kind of talk about a few numbers that staff and City Council has been considering making changes to that number already and this is based on a work session the City Council had with staff last week on Monday and a number of these items were discussed with the City Council, or all these items were, and staff ’s recommendation was to make a number of these, or all of these adjustments as reductions to the levy and/or spending for the 2014 budget. The first five items you see in front of you would all be expenditure reductions. The last item would be a reduction in the levy but it would not be a reduction in expenditures or spending because it would be supplemented by an amount from the revolving assessment construction fund to make up the $15,000 difference. That ’s around $90,000 in reduced levy spending that staff is recommending for the 2014 levy and budget and so before we get into what the preliminary levy was set on, we wanted to kind of give the audience a flavor of what we ’re already thinking about for setting a final levy coming up here in a week. So we prepared the slides with 3 columns this year showing the 2013 final budget, the 2014 preliminary budget, which is the middle column and then the 2014 staff recommended final budget that we ’ll be discussing with City Council next week. The percent change would be a change from column 1, the 2013 final budget to 2014 recommended final budget so it would be the percent change from column 1 to column 3 is the difference for the percent change. As you can see as you look down the various line items, no particular one budget area for spending changed overly significant than any other budget area. In total we ’re looking at a spending increase in the general fund of just under 2% for 2014 as compared to 2013. On the revenue side, again no significant changes in any of the various revenue items the City generates. The one item that is impacted and would be impacted in years when none of the other revenue items are changing would be the property tax levy item. A total increase of 2.7%. To keep in perspective this number, that would, in this particular case for the levy year of 2014 and we ’ll look at some of the levies here in a minute, that increase is based just on the levy within the general fund itself. None of the other levies were, we are showing an increase for so in total actually staff is recommending a levy increase less than the 2.7%. It ’s a 1.36% but we ’ll get into some of the detailed levy numbers here in just a second. Taking a look at general fund spending history for the City of Chanhassen the last several years, with the staff recommended changes, there are two columns there for 2014. The preliminary levy numbers and then also what staff ’s recommending for a 2014 final levy and spending number. The 2014 final number slightly lower than the preliminary levy. One interesting thing I take from this particular graph is if you take a look at the general fund spending in 2010 as compared to the staff recommended for 2014, it ’s actually only a $70,000 difference between 2010 and 2014, meaning a spending increase from 2010 to 2014 of less than 1% which I think is a pretty remarkable number to keep spending over 4 plus years at less than 1% is a pretty great accomplishment. What factors did change the 2014 budget as compared to the 2013 budget? Most expenditure line items remained relatively flat for 2014. Total general fund spending as we discussed in the previous slide, based on the preliminary levy increased 2.6% or $256,000 based on staff ’s recommendations i t ’s $181,000 or 1.9%. In cluded in the budget are wage increases of 3% for city staff. Budgeted permit revenues were kept the same as 2013 and initially staff had budgeted a health care cost increase of 15% and the actual bids came in slightly lower than that at 13.07%. Those amounts have been adjusted in the staff recommendation that you see before you and that you ’ll see again next week so that would be included in the 1.9% total expenditure increase of the $181,000. That amount is included in there. The adjustment downward. So taking a look at the big picture, all of the levies the city has, again we broke this out into 3 different columns showing the 2013 final levy, the 2014 preliminary and what we ’re planning on a recommendation for next week ’s 2014 final levy with the percent change being the difference between column 1 and column 3. As you can see none of the levies, aside from the general fund levy really had much of a change as compared to the 2013 final. As consistent with other years you ’ll note, in particular the debt levies again staying flat for the City of Chanhassen. That ’s been an ongoing goal of the City Council for the last several years. We ’ve Chanhassen City Council – December 2, 2013 3 planned and projected our debt levies just for that so that our debt does remain flat for the next several years. The one change again would be the difference in the general fund levy as compared to the 2013 final. So a total levy increase based on staff ’s recommendation in the upcoming weeks of 1.3%. 1.36% as compared to the 2013 levy. This bar graph shows what the final adopted levy percent increases were as compared to the new growth in each of the last several years. It kind of shows the trend that the City Council has been striving for the last several years to keep the levy either at or less than new growth for the city and City Council has done a great job of doing that the last several years. It ’s been since 2008 was the last time where we did have an increase in the levy above new growth and in that particular year we did add public safety employees that accounted for the most significant part of that. Based on the preliminary levy, the preliminary levy was set at exactly new growth. Staff ’s recommending, next week we ’ll be recommending a levy less than that. The final levy based on staff ’s recommendation would be 1.36% as compared to 2.24% of new growth so again consistent with what City Council has done in previous years and having the final levy less than new growth. So how does this impact some of the homes in Chanhassen? Certainly one of the most important questions on a number of residents minds. One of the things to keep in mind, when looking at your property tax statement is first of all looking at the valuation of your home as compared to what it was in the previous year is very important. The average home in Chanhassen dropped somewhere around 3.7 -3.8, or increased, excuse me. Somewhere around 3.7 to 3.8 percent for taxes payable in 2014. That ’s a significant change from previous years where in previous years the average home has dropped on value. The last 3 years. Might even be 4 years so this is the first year that we ’re seeing homes start to increase in value, which is a positive sign for all of us, and the average home for taxes payable in 2014 did increase, like I said, around that 3.7-3.8 percent. So I took a look at some actual, these are actual Truth in Taxation statements of actual properties within the city of Chanhassen and I tried to get a little flavor of all types of sizes of homes to kind of give the City Council and the residents a picture of what ’s going on based on what the City Council set as a preliminary levy. Probably the parcel to look at that most reflects what is an average home in the city of Chanhassen would be parcel number 2. An average home in Chanhassen is valued around $300,000. Just over $300,000. Parcel number 2 saw a 3.4% increase in it ’s taxable market value from 2013 to 2014 and as you can see it saw no change in it ’s city portion of it ’s property taxes for 2014 based on the preliminary levy the City Council set back in September. Again you ’re seeing consistency among other valued homes in or about the same range. As your home increases in value, it does just slightly also increase your potential tax liability so while you look at parcel number 5, it had a 3.5% increase in it ’s property value. Relatively close to parcel number 2. It did see just a very slight increase in it ’s city portion of it ’s property taxes. But the average property in the city of Chanhassen is relatively close to parcel 2 in terms of size and change in market, change in taxable market value from the previous year. So taking a look at a property tax statement, where do your property tax dollars go in total? And this is based on a home that is located in School District 112. About 37% of your property tax bill goes to the school district. 35% to the county and the city, having the smallest portion of the big three taxing authorities at 22% with another 5% for miscellaneous jurisdictions. Mosquito control and the watershed, etc. so. So taking a look at how Chanhassen compares in terms of a number of items, and this is comparing Chanhassen to our KFS cities which is our core group of cities that the City Council and staff on frequent occasion compares a number of things including spending and other performance measures that we would take a look at. As you can see, comparing budget expenditures from 2012 to 2013, the percent increase for the city of Chanhassen was less than the average of all of our KFS cities. There were some fluctuations negative and then some significant fluctuations higher than you know 1.5% which is what we experienced from 2012 to 2013. Chanhassen continues the trend of keeping it ’s expenditures increases from year to year relatively flat. Other cities or jurisdictions sometimes take on a different belief of some years they will make significant reductions in their spending but then inevitably you ’ll find that those cities then in following years will have to make significant increases and staff and this City Council has taken the approach that moderate, steady increases in spending seems to be a more consistent and favorable approach by us and the residents. Comparing our expenditures from 12 to 13 as to some Carver County cities. Again Chanhassen you know favorably well as compared to other cities within Carver County. The average being 3.3% and Chanhassen City Council – December 2, 2013 4 Chanhassen at the 1.55%. Taking a look at per capita spending, how much is the city spending per person that lives in the city of each of our KFS cities? Chanhassen again compared relative well. In total the average $472 and Chanhassen at $416. Second from the lowest with Lino Lakes being at $402 so one from I guess the top spot there. As compared to Carver County cities in per capita spending, Chanhassen compares the best of the major cities within Carver County. The average being $450 and Chanhassen being the lowest at $416 in per capita spending. Taking a look at Carver County tax rates for 2013, these are based on the 2013 tax rates. Again Chanhassen compares extremely well to all of our cities within Carver County with the only city ’s tax rate lower than Chanhassen ’s is Chaska ’s at $28.075 and it ’s important to note that Chanhassen does not have a franchise fee on it ’s electric utility like the City of Chaska which generates about 2 to 2 1/2 million dollars for the City of Chaska. If we were trying to compare apples to apples on that number, if we were to include that with our expenditures and revenues, that would bring our tax rate actually lower than Chaska ’s if we did have a similar revenue source to Chaska. So one important change that happened in 2013 at the legislature that impacts all cities budgets for 2014 is State Legislature and the Governor passed a change in the sales tax law exempting local governments from paying sales tax. With that they also included on the Truth in Taxation statements an estimated sales tax amount that all of the local governments paid in 2012. Their attempt here was to give citizens the knowledge of by the legislature changing the law, what type of impact does that have on local governments within the cities that they live. In 2012 Chanhassen paid an estimated sales tax of around $165,000. Of that amount $75,000 or 46% was paid for by the general capital project and special revenue funds. Funds that are supported in part or mostly by property taxes. $90,000 of that $165,000 was paid for by City enterprise funds. City enterprise funds for those that are not aware are paid for by user fees. People who use the city utility services pay fees in their utility bill that support those sales tax expenditures so of the $165,000 it ’s important to note that less than half is actually supported by property taxes and so it ’s, I think that ’s a key item to note for those of you looking at your property tax statement and comparing that to you know preliminary and final levies. So taking a little more in-depth look at that number. The $75,000 that the City paid in th ose tax supported funds in 2012, staff is estimating based on our interpretation of the sales tax law that around $50,000 of it will no longer be taxable. There are some things within the provision of the law that the legislature said will still be taxable to local governments, in particular those items where cities are doing business type activities that are similar to what can be done in the private sector. Some good examples of these are golf courses, municipal liquor stores, and we believe in part the legislation includes recreation programming so we ’ve excluded a portion of our budgeting process for next year to keep in mind that we will still be paying sales tax on some of the services that we provide. Not all of the expenditures within the general and other tax supported funds will become tax exempt. About two-thirds will. About one-third will not become tax exempt so it ’s also important to further break that number out that of the less than half, only two-thirds will be tax exempt for 2014. Taking a look at the utility funds, a little different story. The utility funds, because utility funds are typically not operated by the private sector, staff ’s interpretation is that almost all, nearly all of those expenditures will be tax exempt thus resulting in about a $90,000 savings to our utility funds. We did incorporate that into the utility rate study when we did that earlier this fall so that is accounted for with in that study. So with all of that said staff will be meeting with City Council next week in work session and at the regular meeting to set a final budget and tax levy. And with that I will take any questions from City Council. Mayor Furlong: Thank you Mr. Sticha. Good report. Questions by the council for Mr. Sticha? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Greg, you identified new growth as a percentage, is that correct? Greg Sticha: I did. Chanhassen City Council – December 2, 2013 5 Councilman Laufenburger: And what was that percentage? Greg Sticha: 2.24%. Councilman Laufenburger: Okay. What does that actually represent in real dollars? Real property tax dollars. Greg Sticha: Our total levy is around $10 million so it ’s about $223,000. Councilman Laufenburger: So $223,000. Greg Sticha: It ’s right around that number. $224,000. Councilman Laufenburger: So do I interpret that correctly when I say that new growth in 2013, growth in 2013, in other words new homes. New commercial. New properties that will be taxed will contribute $224,000 roughly to property taxes payable in 2014 that we did not have last year, is that correct? Greg Sticha: A rough estimate. Councilman Laufenburger: Okay, rough estimate. Okay. And just I realize this isn ’t a city thing but the school referendum that passed, that will show up on property tax statements in the city for next year or the following year, do you know? Greg Sticha: Based on what I ’ve seen from the property tax statements and what I ’ve been told is the referendum that passed in 112 was not specifically detailed on the Truth in Taxation statements themselves. Rather there was a notation of some sort I believe that indicated that a referendum had been passed. The amount was not reflected in the total tax bill that showed at the bottom of the statement for homes or businesses that resided within District 112. Councilman Laufenburger: So for Chanhassen citizens it ’s worthwhile for them to see the final tax statement and see if there ’s any change in that school district levy. Okay, alright. Thank you very much Mr. Mayor. That was all I had. Mayor Furlong: Thank you. Other questions? Councilwoman Ernst. Councilwoman Ernst: Greg can you tell me when we ’re looking at the operational capital and debt levy changes, for 2014 the recommended we have $7,629,000 for the general fund. Did that, can you remind me, did that number include the $90,000 minus the 15 or did it include the 15? It didn ’t right? Greg Sticha: No. The $90,250 is broken up into two components in these top four numbers. $75,000 would be a reduction in the top levy. The general fund levy. The other $15,000 you ’ll notice is from the sealcoating levy. Preliminary levy we had that at $200,000 and now that ’s been reduce d to $185,000. So the $90,250 is $15,000 from line 3 and $75,000 from line 1. Councilwoman Ernst: Right. Okay, got it. Thanks. Mayor Furlong: Other questions? One point of clarification too, following up on Mr. Laufenburger ’s comments on the real growth in the tax base. That is in addition to the, I think it was 3.8%, what I ’ll call inflationary or the growth in properties. Existing properties. Correct? Greg Sticha: Yep. Chanhassen City Council – December 2, 2013 6 Mayor Furlong: That 3.8% is not included in the 2.24? Greg Sticha: Yep. That 2.24 is just new construction. Mayor Furlong: New construction. Greg Sticha: New homes. New add-on ’s to homes. Mayor Furlong: Porches, decks? Greg Sticha: Yep. Mayor Furlong: Basements being refinished. That would be included in the new construction. Greg Sticha: Anything that increased just a value of a home that would be the 3.8% you ’re referring to. Mayor Furlong: And again that ’s the first and I think you said about 4 years since we ’ve seen that appreciation in existing homes rather than the depreciation we ’ve had. Greg Sticha: Yep, that ’s correct. Mayor Furlong: So a good sign there. Thank you. Any oth er questions for staff at this time? Councilwoman Ernst? Councilwoman Ernst: So Greg, is the average value of a home in Chanhassen is $350,000? Greg Sticha: No. The average approximate home is valued right around $300,000. It ’s come down the last few years. It was as high as about $325,000. It ’s down to right around $300,000. $300,000 to $310,000 is about the average valued home in the city of Chanhassen. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Thank you. Anything else at this time? Okay, at this time I would open up the meeting for public comments and invite any interested parties to come forward and ask questions or make recommendations with regard to the budget. Anything tonight? No? Alright. Seeing nobody wanting to make public comments, we ’ll close the public hearing portion of this meeting. Bring it back to council. Again we are not going to be taking any action this evening. This was an information gathering meeting as part of the special meeting but I would encourage people if they have questions to, or comments and recommendations, feel free to send emails or phone calls to the City Council or to, feel free to call Mr. Sticha at the City Hall during normal business hours from 8:00 to 4:30 and he ’d be happy to answer any of your questions. Any comments we receive we ’ll certainly consider as part of our deliberation when we consider this next week. Mr. Laufenburger, question? Councilman Laufenburger: Yeah I do. Thank you Mr. Mayor. Greg I realize that population is not a precise number but what was the population change in our estimates from last year to this year, do you have that information perhaps? Greg Sticha: I do not. I don ’t know Laurie, do you have that number? Chanhassen City Council – December 2, 2013 7 Laurie Hokkanen: I think we generally estimate our household size at about 2.1-2.3 and we d id about 180 building permits … Does that sound about right Mayor? Mayor Furlong: Yep, I think so. Councilman Laufenburger: Okay, good. Thank you. Mayor Furlong: Okay. Thank you. If there ’s nothing else to come before the council this evening on our special meeting, we will be staying here and picking up our one work session item this evening following our meeting that will not be televised but if there ’s nothing else to come before our special meeting tonight, is there a motion to adjourn? Councilwoman Tjornhom moved, Councilman Laufenburger seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The special Truth in Taxation meeting was adjourned at 7:35 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES NOVEMBER 19, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, and Maryam Yusuf MEMBERS ABSENT: Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Terry Jeffery, Water Resources Coordinator Mark Undestad excused himself from this item. PUBLIC HEARING: 8821 SUNSET TRAIL: REQUEST FOR AN INTERIM USE PERMIT TO GRADE PROPERTY FOR CONSTRUCTION OF A SINGLE FAMILY HOME ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) AND LOCATED AT 8821 SUNSET TRAIL. APPLICANT: MARK UNDESTAD, PLANNING CASE 2013-25. Bob Generous presented the staff report on this item. Chairman Aller asked for clarificati on of the drainage improvements before opening the public hearing. No one spoke and the public hearing was closed. Hokkanen moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the following conditions and adopts the Findings of Fact and Recommendation: 1.The applicant must submit a revised grading plan which shows the contours from the land survey conducted before construction started and showing the proposed contours. 2.The applicant ’s engineer must submit an earthwork estimate based on the existing contours from the land survey. 3.The ditch along the northern property line must be revised to prevent water pooling on the adjacent property. 4.The applicant must coordinate with City staff to find an acceptable alternative secondary septic site. 5.The grading plan must be modified so that slopes are not steeper than 3:1. The current plan shows a steeper slope on the southern berm. 6.Non-paved surface grades shall not be less than 2% to promote proper drainage. 7.The grading plan must show contours or elevation points nearby structures to confirm that water will drain away from existing and proposed structures. Planning Commission Summary – November 19, 2013 2 8.A $1,500 escrow to guarantee restoration and erosion control measures will be required with the permit. 9.The applicant must provide a proposed haul route for review and approval. 10.An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. 11.The applicant must comply with any applicable local, state or federal permit requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mark Undestad returned to the Planning Commission as a voting member. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated November 5, 2013 as presented. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided an update on action taken by the City Council at their November 12, 2013 meeting and noted the next Planning Commission meeting will be January 7, 2014. Undestad moved, Yusuf seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:11 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 19, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, and Maryam Yusuf MEMBERS ABSENT: Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Terry Jeffery , Water Resources Coordinator Mark Undestad excused himself from this item. PUBLIC HEARING: 8821 SUNSET TRAIL: REQUEST FOR AN INTERIM USE PERMIT TO GRADE PROPERTY FOR CONSTRUCTION OF A SINGLE FAMILY HOME ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) AND LOCATED AT 8821 SUNSET TRAIL. APPLICANT: MARK UNDESTAD, PLANNING CASE 2013-25. Generous: Thank you Chairman and commissioners. As you stated this is Planning Case 2013-25, an Interim Use Permit to permit grading in excess of 1,000 cubic yards. The applicant is Mark Undestad. The public hearing is tonight. This is scheduled for City Council on December 9 th . This property is located at 8821 Sunset Trail, which is just north of Lyman Boulevard. A little bit west of Powers Boulevard. It ’s a single family home site. The property is zoned A2 which is Agricultural Estate District and it permits a single family home. It ’s about 2.35 acres in size. The grading plan. City code permits, doesn ’t require any approvals for grading of less than 50 cubic yards on their property. From 50 to 1,000 cubic yards there ’s an administrative approval. A grading permit and in excess of 1,000 cubic yards you need an Interim Use Permit. The applicant came in for the administrative permit and had 990 cubic yards of grading, or earth moving on the property and then they decided to build some berms and stormwater pond so that put him over the top so if you ’ve been out there they have, the grading ’s already underway and so we ’re in the process of reviewing it and approving it. There ’s a berm located in the northeast corner of the property and then another one along the south property line. The pond is located in the south central portion of the property and it picks up the drainage from the middle of the property. These are all being done in conjunction with the construction of the single family home on this site. Previous to any development these were the drainage patterns. There were 3 drainage areas. With the development of this site there would be multiple drainage areas. Staff review of the grading plans came up with two issues that we are making recommendations that they resolve. This northerly berm and grading area, you want to make sure that the water is directed to the west rather than to the north so that it doesn ’t pool on that north side of there so we ’re looking at making sure that ’s a continuous drainage path and then this berm on the south side of the property has slopes in excess of 3 to 1 and we want to make sure that they reduce that degree of slope there either by lowering the height of the berm or extending the slope out on it. Those were the only two real issues that we have. Staff is recommending approval of the Interim Use Permit to permit site grading subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. With that we ’d be happy to answer any questions. Aller: Well I ’d like to know how the water obviously, the two conditions that were concerned with or water is staff ’s concern with at this time but also I ’d like to know how the, that system is going to be either enhancing or detracting from the property. Chanhassen Planning Commission – November 19, 2013 2 Jeffery: Chairman, if I may, the pond that ’s being proposed on site will actually provide water treatment, stormwater treatment in an area where there has never been historically stormwater treatment so in that essence it will be an improvement. In addition there is no stormwater conveyance along Sunset Trail. There isn ’t even a pronounced ditch to speak of so it will also achieve rate control within that area that we would otherwise not have had. In review of it there was nothing about that pond that gave me cause for alarm or anything to question whether or not it would function properly. Aller: And the n the grading operation itself doesn ’t appear to have an impact on the overall site or hasn ’t changed it much from the way it was before. It ’s not a detrimental impact? Jeffery: No, it ’s not a drastic effect. We do have some concerns about not having impoundment occur ring to the northern property but nothing that some fine tuning with the grading can ’t accomplish. There ’s no reason that final condition of this property cannot be equal to or greater than what it was prior. Aller: Is there a need for additional public facilities as a result of the grading? Jeffery: There is not. Aller: Or modifications. And then do you feel that the appropriate conditions for the operation and traffic impacts are in the improvements? Jeffery: Yeah. I don ’t believe there will be any traffic impacts associated with this. Aller: Anyone else? I have no further questions. Great. If the applicant wishes to make a statement. Okay we ’re going to open the public hearing. Anyone wishing to speak either for or against an item can come forward at this time. So if you have a comment to make you can do so, either for or against. Seeing no one come forward, we ’re closing the public hearing and we ’ll open for discussion of the commissioners. Any questions? Comments? Entertain a motion. Hokkanen: I ’ll make a motion. The Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Yusuf: I ’ll second. Aller: Any discussion or questions as a result of the motion and the second? Hokkanen moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the following conditions and adopts the Findings of Fact and Recommendation: 1.The applicant must submit a revised grading plan which shows the contours from the land survey conducted before construction started and showing the proposed contours. 2.The applicant ’s engineer must submit an earthwork estimate based on the existing contours from the land survey. Chanhassen Planning Commission – November 19, 2013 3 3.The ditch along the northern property line must be revised to prevent water pooling on the adjacent property. 4.The applicant must coordinate with City staff to find an acceptable alternative secondary septic site. 5.The grading plan must be modified so that slopes are not steeper than 3:1. The current plan shows a steeper slope on the southern berm. 6.Non-paved surface grades shall not be less than 2% to promote proper drainage. 7.The grading plan must show contours or elevation points nearby structures to confirm that water will drain away from existing and proposed structures. 8.A $1,500 escrow to guarantee restoration and erosion control measures will be required with the permit. 9.The applicant must provide a proposed haul route for review and approval. 10.An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. 11.The applicant must comply with any applicable local, state or federal permit requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: Those wishing to do so should follow this matter again before the City Council on December 9, 2013. Mark Undestad returned to the Planning Commission as a voting member. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated November 5, 2013 as presented. ADMINISTRATIVE PRESENTATIONS. Aanenson: Yes, thank you. On the Tuesday, November 12 th , it was after Veteran ’s Day the City Council did hear the Powers Pointe. We originally intended that to be 2 weeks earlier but as they explained to you that they were working through some of the stormwater issues trying to get that, and just it was a really complex site. A lot of moving parts to that so, but they did get it approved. Still working on getting everything resolved to get it recorded and they want to start working on that site right away. I think he also indicated to the City Council, the applicant that there ’s an opportunity, I think now that they ’ve got their sign up, they ’ll be, they ’ve got some good interest in leasing the property so that ’s good news so. Aller: Great. Aanenson: And the other item that was on there is the concurrent detachment and annexation of land in Victoria. So that was approved and you didn ’t see that but there ’s some property up in Pipewood Curve that was actually all being serviced by the City of Chanhassen sewer and water and so there ’s property lines that split that site so the city boundaries, the property was created, the subdivision was created in 1958 and 1959. The church across the street and when Victoria annexed that property they ran a property Chanhassen Planning Commission – November 19, 2013 4 line straight up the part of the section line there and actually split right through the middle of two houses so half of your house is in Victoria, half is in Chanhassen and this has been going on for a while so we had an open house. Myself and the Community Development Director in Victoria and so there ’s 5 properties that are now being resolved and they ’re going to all come into the city of Chanhassen so one of those properties could with a variance move forward with another lot split in the back. They were looking at that piece so, so we ’ll see but anyway that has to go to a hearing board but I think it just makes it easier for those property owners, whether it ’s stormwater issues. There ’s a creek runs through there or our utilities or getting a structure in their back yard, where do they go for permitting so that was resolved and so, soon probably another 90 days they ’ll be part of the city of Chanhassen. Aller: Great. And it looks like this will be our last meeting in the year. Aanenson: Yes it will. I was going to tell you, your first meeting of the year for 2014 will be January 7 th and I think we already have a grading permit. We already have a grading permit for Minnetonka Middle School. They ’re going to put in a new parking lot and they thought they could do their ’s administratively too but it looks like there ’ll be a little bit more grading on that one too so we know that one will be on for sure. There are some subdivisions being worked on right now. Some of them have to do with, I think most of them have to do with stormwater issues or size of wetlands and that sort of thing so those are trying to come to fruition so we believe we ’ll be seeing those January-February. Trying to get in the works on those so we will have some applications coming in the first of the year. So with that, that ’s kind of a, unless you have something be our regular. Then we ’d adjourn and just go into work session. Aller: Yep, we ’ll adjourn and go into work session for the surface water and the city code amendments. Aanenson: So you can adjourn the meeting. Aller: Anybody make a motion to adjourn? Undestad moved, Yusuf seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:11 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES NOVEMBER 26, 2013 Chairman Kelly called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Cole Kelly, Steve Scharfenberg, Elise Ryan, Brent Carron, Jim Boettcher, Rick Echternacht, Luke Thunberg, and Ryan Lynch MEMBERS ABSENT: Jacob Stolar STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Mitch Johnson, Recreation Supervisor PUBLIC PRESENT: Ron Kleve 7307 Laredo Drive Spencer G. Murphy 9535 Declaration Drive APPROVAL OF AGENDA: Carron moved to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Carron moved, Echternacht seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated October 22, 2013 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. STATUS OF 2013 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROJECTS. Todd Hoffman reviewed the status of the six CIP projects in 2013. Dan Maus, on behalf of the CAA softball and baseball program, passed out a proposal for dugout implementation at Lake Ann on Fields 4, 5 and 6 and the six fields at the Chan Rec Center, and asked that that be included in the CIP . He noted that the CAA would be willing to discuss supporting that initiative with some of the funds they make when hosting tournaments. Chairman Kelly asked about prioritizing the fields. Dan Maus said Fields 4, 5 and 6 at Lake Ann would be the first priority then the six fields at Chan Rec Center, but was not able to comment on which fields would be the priority at Chan Rec Center if all six could not be done at one time. Commissioner Scharfenberg asked staff to prepare a report on the cost of installing dugouts per this request. Todd Hoffman explained that the cost is $10,000 per field for two dugouts on either side. Chairman Kelly suggested putting this item on the agenda when the CIP is discussed next spring. ESTABLISH 2014 PICNIC RESERVATION FEES. Jerry Ruegemer presented the staff report on this item which recommends establishing the 2014 group picnic reservation fees at the same level as 2013. Commissioner Scharfenberg asked how Chanhassen ’s rates compare to Eden Prairie and Chaska. Since there were no reservations at Lake Susan on Sundays, Chairman Kelly suggesting offering a 50% discount for Sunday rentals. Jerry Ruegemer explained that staff has decided not to rent the Lake Susan Park and Recreation Commission – November 26, 2013 2 shelter on Sundays because adult baseball league plays on Sunday and parking is a problem . Scharfenberg moved, Boettcher seconded that the Park and Recreation Commission recommend that the City Council establish 2014 group picnic reservation fees at the same level as 2013. All voted in favor and the motion carried unanimously with a vote of 8 to 0. RECREATION PROGRAM REPORTS: 2013 HALLOWEEN PARTY EVALUATION. Mitch Johnson presented the report on the Halloween Party evaluation. CHANJAM ’13 EVALUATION. Mitch Johnson explained that ChanJam ’13 scheduled for Friday, November 15 th was cancelled because no bands applied and staff would recommend discontinuing the program in the future. Commissioner Scharfenberg suggested letting the new MacPhail School take the lead in the future because of their connection with the music community. 2013 TREE LIGHTING CEREMONY. Mitch Johnson invited commissioners to attend the Tree Lighting Ceremony being held on Saturday, December 7 th at City Center Park. 2013/14 WINTER PROGRAMMING. Mitch Johnson reviewed the list of winter programs being offered . COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Todd Hoffman noted the Reach for Resources information. Commissioner Ryan asked about signage associated with the crosswalk at West 78 th Street and Galpin. Todd Hoffman explained that Adam Beers, the new Park Superintendant who is replacing Dale Gregory will be present at the next meeting to introduce himself. Carron moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 8 to 0. The Park and Recreation Commission meeting was adjourned at 8:10 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING NOVEMBER 26, 2013 Chairman Kelly called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Cole Kelly, Steve Scharfenberg, Elise Ryan, Brent Carron, Jim Boettcher, Rick Echternacht, Luke Thunberg, and Ryan Lynch MEMBERS ABSENT: Jacob Stolar STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Mitch Johnson, Recreation Supervisor PUBLIC PRESENT: Ron Kleve 7307 Laredo Drive Spencer G. Murphy 9535 Declaration Drive APPROVAL OF AGENDA: Kelly: Any changes or additions? Steve we got your email so at some point I know we ’re going to have a, someone get up and talk when they get here. We ’ll just add that in at the time. Any other changes to the agenda? Carron moved to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Carron moved, Echternacht seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated October 22, 2013 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. STATUS OF 2013 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROJECTS. Hoffman: Thank you Chair Kelly, members of the commission. It ’s that time of the year when we like to do a check in with the commission. Let you know how our projects ended up for the year and where each one of them is at going into 2014. So the CIP includes a variety of projects. I ’ll go over each one of them briefly. There ’s a $15,000 annual allocation for trees. Those are invested in a variety of projects throughout our community. Lately we ’ve been concentrating more on replacing trees that are in the vicinity or where we cut down ash trees that we ’re removing and generally the ash tree program is …remove the worst third. The third of the trees that are in the poorest condition in our community and our parks and these would be in our groomed areas and so not in our forested or woodlands or park preserves but in our groomed areas so we have a survey that ’s been completed by our volunteer tree survey individuals. The middle third we ’re going to leave and let be until the ash borer gets here and then the best third, the highest quality ash trees we ’re going to start a treatment program where we treat those Park and Recreation Commission – November 26, 2013 2 annually for up to 10 to 15 to 20 years and that will allow a variety of those trees, the best trees to stay in our forest management program and they won ’t have to be cut down right away when the ash borer does arrive and so it just prolongs the duration of that affect of the Emerald Ash Borer. But that ’s a separate program and the council has shown some good interest in the Emerald Ash Borer program so I think you ’ll be hearing more about that. Scharfenberg: Todd could you just clarify what constitutes a groomed area? Hoffman: So any park area that ’s, a neighborhood or a community park area. So Lake Ann. All of our neighborhood parks and so somewhere that ’s mowed and maintained. In Lake Ann even there ’s an area, the forested area to the west, we would not be conducting Emerald Ash Borer management in that area at this time. Picnic tables and park benches. Annually we invest up to $10,000 dollars. Much of that, many of those dollars go to like new parks and so Pioneer Pass Park next year and then Riley Ridge Park this year. We also buy benches for our memorial giving program and then we replace benches that are damaged or broken or picnic tables. One of the highlights of the year obviously was the Pioneer Pass neighborhood park development, Phase I. Phase I has consumed approximately $250,000 of the $350,000 budget. So that leaves at present approximately $150,000 for the two playgrounds for next year and then the picnic shelter that will go in at Pioneer Pass Park. It ’s an 8.7 acre park. K.A. Witt performed very admirably on the project. Did a nice job for the city. We had one hiccup with the tree supplier. Eventually that supplier left the site. We rejected half the trees that they planted. They took the other half and left the property and then K.A. Witt did bring in another subcontractor to plant the trees and they successfully completed that before the end of the construction season. It ’s a beautiful site. The neighborhood is very excited and there ’s going to be a large group that ’s going to be working on this project. There are over 500 homes in that area that will all receive notification that they ’re invited to work on that playground project so I think we ’re going to have a large group. This may in fact turn into a true community build where the communi ty does build it on their own without assistance from the City and that will be their decision and they could do that over a 5 or a 7 timeframe so you would have a day timeframe. So you ’d have 30 volunteers a night for say 5 nights and then build that playground. So those meetings will start in February with the neighborhood to talk about that park, and then it was dormant seeded and then hydro mulched and so the seed is actually on the ground. Then it was fertilized. It was seeded at 1 1/2 times the normal rate. Fertilized with a very good, high quality fertilizer and then hydro mulched on top of that so in the spring you ’ll see that take moisture. Once the ground temperature reaches the appropriate temperature, then the grass will start to germinate. We should get a nice stand of grass there. We want to put that playground in in June and so we ’re hoping for a good growing spring for that park. Ryan: Todd, sorry if I missed this. How did they, is there an association or how do they decided whether they ’re just going to do it independent of the City and what ’s the benefit to them for doing that? Hoffman: Just as a group so it will be, we ’ll call a meeting here. We ’ll probably have a meeting right at a Park Commission meeting where perhaps a couple of dozen, up to 50 people may show up for that kind of a meeting and then they would form that neighborhood group that then would go ahead and coordinate that process and so it would be through a meet and confer type of basis. We would have a variety of meetings to select the playground components. What do they want to see go into the bid format? The request for proposal and then as a group they would decide. And the benefit for them would be just more people could be involved in building their neighborhood playground over time. Scharfenberg: And Todd the $350,000 that we had assigned to Pioneer Pass neighborhood was just the basketball court and that stuff. Does it include the playground or will there be additional money then for the playground equipment. Park and Recreation Commission – November 26, 2013 3 Hoffman: It includes the playground. So right we ’ve consumed up to about, just around $250,000 and then the $350,000, that $100,000 remaining will be for the two playgrounds and the picnic shelter. Scharfenberg: Okay. Hoffman: Yeah. Basketball court is in. The hoops will go in next spring. So at present all the hardscapes are in. The baseball/softball field is in. The backstop is in. All the trails. Parking lot. Tree plantings. It ’s all graded. It ’s really in the spring when it greens up, it ’s going to look like a park but for the lack of that playground. The two playgrounds and the shelter. The walking trails will be plowed this winter so people will start to get into the park. It has some very nice walking trails for that neighborhood. The other neighborhood park project, Riley Ridge was finished up and so the full $200,000 was consumed in constructing that 4.7 acre neighborhood park. Neighborhood loves the park. The adjoining neighbors have appreciated it as well. Lots of great comments from the new neighborhood. They just sold their last home so Reflections at Lake Riley is completely filled out. They ’re excited about that and thanks to the commissioners that helped out over those few days that we built that playground. I think you really get to know those neighbors and then you get to see them around the community and it really does a good deal of bringing the neighborhood together to get to know each other. Up on 101 north and the Pleasant View Road intersection and trail improvements. Some called it the longest intersection project on record. It was 5 months with over 2 years worth of MnDOT reviews and approvals but the project is s ubstantially complete. Most of the landscaping went in. There will be some additional landscaping next spring and really the great part about it is it provides some much needed safety improvements for that intersection for both vehicles and pedestrians. Eureka Construction, the same contractor that ’s working on Highway 101 south performed that work. They did a nice job. The biggest hold up was Xcel just would get there for over 2 months and so you have to move power poles at a certain time in the project so the project really stood still for about 2 months while everybody waited for Xcel to get on site. This was a project that originally was in our CIP for approximately $400,000 to build that trail and that wall on Highway 101 and to build that trail on the north side of Pleasant View Road and when combining it with the road project, our investment was $95,000 so again sometimes it pays to wait for a future road project if one is going to be scheduled and in this case that certainly proved to be true. Then 101 south, Lyman Boulevard to Pioneer. Here ’s even a better bargain. For a $12 million dollar project with an underpass, trail improvements, a new park entrance road, an addition to the park, the Park Commission ’s contribution was $25,000. The majority of the $11.95 million is federal funding for Highway 101 south. The road did open last Friday and it ’s a very beautiful road and much safer than it was before. The majority of the trail improvements are in and graveled but they ’re not paved so they will be open this winter but they will be completed next spring and then opened up sometime in mid-summer. Really just a fantastic project. I commend Paul Oehme, our City Engineer and Public Works Director for taking the lead on that. That ’s a project where, that ’s a State road. A State highway and you have a city engineer taking the lead in that project. Really moving the improvements forward for the community in the area when MnDOT says you know we really just don ’t have the time to do it and Mr. Oehme asked if he could and they said yes he could so he took that job on. Ryan: So are the trails officially closed? Is there a trail closed sign? I haven ’t been down there, for safety purposes. Hoffman: There is a variety of signage that went up. I ’ll check if those are appropriately signed so people aren ’t getting into areas that they shouldn ’t be. We will plow the ones that are open and the rest will remain unplowed. Then there was one project in the assessment revolving fund and that was the Rice Marsh Lake loop for $200,000. The City combined with Eden Prairie and their project to finish that 3.4 mile loop, trail loop around Rice Marsh Lake Park. And again the people that have had the chance to use are just absolutely astounded by the quality of that experience and just have, having finally making that loop a complete loop around Rice Marsh Lake Park so people are certainly making it part of their Park and Recreation Commission – November 26, 2013 4 destination. One that has a destination in part of their life. Many people are walking it 3 times a week or running it 2 or 3 times a week. Biking it. People are taking moonlit walks and walking the whole thing. 3.4 miles and so I think it was much anticipated and certainly lived up to the reputation that it was gaining as it moved forward. Thanks to the commission for all your support of these projects and finishing them is really satisfying but again every time you work on the CIP that ’s what we ’re setting, you ’re setting the ground work for those future improvements for the community so that ’s really one of your biggest jobs as a commission is to formulate that CIP on an annual basis and make that recommendation to the City Council so we can on an annual basis talk about what ’s been completed and improved for the citizens each and every year so thanks again. Kelly: Thanks Todd. Any other questions for Todd at this time? Thank you. Jerry, before we get to you I ’m going to step back a second. Are you here to do a visitor presentation? Dan Maus: I am. Kelly: Why don ’t you please give us your presentation now. Dan Maus: Thank you. I apologize for being late. I had to drop off one of my sons. Kelly: No problem. Dan Maus: My name ’s Dan Maus. I ’m here on behalf of the CAA softball and baseball programs here and coming around is a proposal for a dugout implementation over at Lake Ann on Fields 4, 5 and 6. As you likely know we have dugouts on Fields 1, 2 and 3 over there and they really work out well for us. Between baseball and softball we hoste d 4 tournaments, weekend tournaments last summer as well as, and one of those being a state tournament. We hosted a state tournament in the fall for fast pitch as well besides the fact that we ’re obviously a home team for games throughout the weeks over there. Two primary reasons that we ’d like to have dugouts on those fields, and both of them are related to safety . One of those is foul balls that fly, especially from Field 4 which sits up higher, down onto Field 5 and then the second reason is just to provide some shade from the hot summer heat as the kids are standing out there or sitting in those dugouts for hours. We really like the dugouts that are on Fields 1, 2 and 3 right now. They serve the purpose very well and so our request would be is that you build into your CIP something similar for Fields 4, 5 and 6 at Lake Ann. The second part of this is to do the same over at the Chan Rec Center. We ’ve got 6 fields that we use for in-house and at times travel baseball and softball over at Chan Rec Center as well and so we would like those to be included at the same time. Any questions with regards to the request? Kelly: You said Dan right? Dan Maus: Yes. Kelly: Yeah, any questions for Dan? Go ahead. Scharfenberg: Dan I know in talking to Ted Ellison that, Ted has mentioned potentially that CAA may be able to put up some money to assist with this type of project. Dan Maus: Yes. Scharfenberg: Maybe just speak to that briefly. Park and Recreation Commission – November 26, 2013 5 Dan Maus: Yes I can speak to it. You know part of the reason that we like to host tournaments, it helps us raise some funds that we can invest back into either our equipment or into our facilities and so we certainly are willing to discuss supporting that initiative with some of our funds that we make. In addition Mr. Jeff Olson from the Dugout Club has indicated that the Dugout Club would do whatever they can do or would be asked to do to help with installation as well. Kelly: Other questions of Dan? Dan I have a question. Dan Maus: Yes. Kelly: You mentioned the three fields at Lake Ann and how many fields do we have over at the Rec Center? Dan Maus: Six. Kelly: Six fields. And you didn ’t mention Lake Susan. Dan Maus: I did not mention Lake Susan in this request, you are correct. Kelly: Okay. If we had to prioritize, how would you want us to prioritize? Dan Maus: Fields 4, 5 and 6 first at Lake Ann and then moving over to Chan Rec Center from there. If we had to prioritize at Chan Rec Center as well because we couldn ’t do all six at the same time, I ’m not prepared right now to say which one we would start with over there but we certainly understand that there ’s a possibility we would not do all six at one time. Kelly: So Lake Ann is the priority? Dan Maus: Lake Ann is the priority. Lake Ann is our primary place to host our traveling tournaments and we use the Chan Rec Center as our overflow. There was one weekend last summer when we had 32 baseball teams and 18 fast pitch teams all playing here in the same weekend so obviously that brings people into our community. Brings people you know to do some shopping or to get a bite to eat where they don ’t want to just have the hotdog up at the concession stand so. Kelly: The top priority would be Field 5? Dan Maus: Field 5 would definitely be the top priority from a fly ball or foul ball perspective, yes. Kelly: Any other questions for Dan? Thank you Dan. Dan Maus: Great. Thank you for your time. Scharfenberg: Before we get off of that …I would make a request to have staff kind of look at the cost of that and maybe get back to us with a proposal to Dan in terms of what the cost of putting together those dugouts would be so that they know kind of what that cost is …as a commission moving forward, at least for next year ’s CIP. I ’ve talked to Ted kind of about the whole CIP process so they ’re familiar with what kind of goes on and I know they would like to have it done sooner rather than later, I realize that, but given our time tables and how we, how things come up in front of us, that will probably be a year from now before it would be on our CIP …some numbers and start talking about those that would be great. Park and Recreation Commission – November 26, 2013 6 Hoffman: Sure. Commissioner Scharfenberg, we do have some pretty solid numbers. It ’s $10,000 per field for the two dugouts. One on either side and so we would update that but that ’s a general starting place so Lake Ann would be $30,000 and the Rec Center would be $60,000. Kelly: Okay. So what we should do is we should put it on our agenda when we discuss the CIP starting next spring. Todd? Hoffman: Correct. Kelly: Let ’s do that. So then we know the numbers. Any other numbers you ’re looking for Steve? Scharfenberg: No. Kelly: Okay. Dan Maus: Well thank you. Obviously you ’ve spoken to Ted so any feedback to Ted and then I ’m there as a board member to support him as well. Great, thank you. Kelly: Thank you Dan. Okay, Mr. Ruegemer, we ’re back to you. ESTABLISH 2014 PICNIC RESERVATION FEES. Ruegemer: Thanks Chair Kelly. We talked about the picnic reservation process and evaluation in our October meeting, last month and wanted to talk about the 2014 picnic fees going forward at this point for next year. We did talk briefly about a couple different things. About potentially eliminating the non- resident fee and adding a kind of a beach fee for different activities going on down at the beach. Looking at the kind of a beach fee for that, after kind of review and looking at kind of the full big picture of that staff is recommending at this point that we just not implement a beach fee at this point and just kind of go with the practices that we ’ve been using up to this point so at this point no beach fee and then we ’ll just move forward as we have been. Then looking at the non-resident fees, there were more non-resident fees than I guess I had anticipated with that so it looked like about 23% with about $3,000 in revenue so that was a significant number in my mind and staff is recommending that we still implement a non-resident fees as part of our 2014 group picnic fees so it is recommended that the Park and Rec Commission recommend to the City Council that they establish a 2014 group picnic reservation fees at the same level as 2013. The commission ’s recommendation will be forwarded to the City Council as part of their annual review and license fees on December 9 th . Kelly: Questions for Jerry. Scharfenberg: Jerry I think you ’ve spoken to this issue before but in terms of Chan and how we relate to other, Eden Prairie and Chaska around us. Again where, are we a little bit higher than what the other cities are? Ruegemer: Yeah. You know it ’s not an apples to apples comparison. In comparison to, obviously comparison to Chaska. We ’re much higher than Chaska ’s rates. What a lot of cities and county organizations do is they split it in either half day or full day rentals and then, so that ’s one way of kind of splitting that fee in half. Some of them are based on the number, quantity of the shelters itself so obviously with the Klingelhutz shelter being the larger shelter capacity wise, that would command a higher fee. Then they just get rid of kind of all the resident/non-resident fees so it ’s just based on numbers. And then like the Lakeside, around a hundred and a quarter that sort of thing would be a lower fee. Lake Susan is a lower fee. So it ’s all kind of based on a size scale based on numbers. Obviously Park and Recreation Commission – November 26, 2013 7 there ’s interpretation. When I talk to people on the phone as to you know what number ’s going to be attending their picnic and that sort of thing so I think the cleaner option at this point, just to keep it kind of as is and kind of leave it at that. Kelly: Other questions for Jerry? Jerry I ’ve got a couple items here Jerry. Actually I think it ’s good to keep the fees where they ’re at. I have one question here is that it looks like for the most part on Saturdays we ’re maxed out throughout the summer. Ruegemer: Right. Kelly: So that would mean that we can keep our fees as they are. We don ’t need to reduce them. If anything we could increase them but I think we ’re not in that arena at this point. I ’m looking at Lake Susan on Sunday with the goose eggs and I ’m wondering if we should offer a 50% discount on Sunday to see if we can drum up some business on Sundays. You know just have it on the website. You know on Sundays only because obviously on Saturdays we ’re renting it out plenty. Ruegemer: That, staff has decided to not rent the Lake Susan shelter on Sundays because we have an adult baseball league that plays down there. Kelly: Okay. Ruegemer: And with the two activities going on at one time, parking is non-existent with that so staff made that decision quite a while ago to not do anything on. We definitely could rent it on Sundays but. Kelly: Okay. Yeah I was looking at the numbers and since I missed the last meeting you might have mentioned it so thank you. If there are no other questions, does somebody have a motion? Scharfenberg: I move to adopt staff ’s recommendation relative to 2014 picnic reservation fees. Kelly: Is there a second? Boettcher: Second. Scharfenberg moved, Boettcher seconded that the Park and Recreation Commission recommend that the City Council establish 2014 group picnic reservation fees at the same level as 2013. All voted in favor and the motion carried unanimously with a vote of 8 to 0. Kelly: Thank you Jerry. Ruegemer: Thank you. RECREATION PROGRAM REPORTS: 2013 HALLOWEEN PARTY EVALUATION. Kelly: Alright, Mitch. We get to talk about Halloween. Johnson: You bet. Thank you Chair Kelly and good evening commissioners. The City hosted our 29 th Annual Halloween Party back on Saturday, October 26 th . Nearly 350 kids registered and took, participated in the Halloween party. That does not include you know grandparents and neighbors and parents who attended with them. The 342 registrations we had was the highest since 2007. Another great Park and Recreation Commission – November 26, 2013 8 event. They enjoyed you know live entertainment, carnival games, indoor trick or treating, refreshments, the spooky room, hayrides, etc. Great event. You ’ll see in your report there I kind of broke down each aspect of the event. I ’ll just kind of touch on them briefly and be happy to answer questions at the end. Entertainment for this year, we went through a Touch of Magic which is a local entertainment who provided a show called Mixed Nuts. They performed in the Rec Center gym for about 30 minutes. It was kind of a family comedy show. The kids absolutely loved him. You could hear the little chuckling and giggling in the gym which is always exciting so it ’s a great show. You know we ’d recommend maybe using them again you know or we could look elsewhere too for other entertainers. In conference rooms 1 and 2 we transformed into the spooky rooms again. One side we kind of did Frankenstein ’s lair and the other side kind of a spooky cemetery. We design these rooms for young children you know with the intent not to scare people. Just kind of a fun little thing that they can walk through and we give candy out inside there and stuff so it ’s kind of a fun experience for them. In the Bluff Creek gymnasium, we used both gyms for this event. In the Bluff Creek gym we set up a bunch of carnival games. We added new games this year. We increased it to 9 total. We also had a photo station, the bounce house, candy guess, adult raffle. All the games had lines the entire night. Some lines had 30-40 people in them. Even during the 30 minute entertainment show where most people went to that, the lines were still packed so one of the recommendations for next year is to see what we can do to find more room. Do we add more games to kind of keep the lines going. It seems like all the kids like them. All the games are free. They win little prizes which kind of keep them coming back and forth to the different ones. For the refreshments this year we purchased 56 dozen cookies and 24 gallons of cider from Cub Foods at a discounted price so we thank them for their contribution. We really backed down the order of the cookies this year. We had lots and lo ts extra last year so in a way we saved money this year. We cut the order down by about 20 dozen, which seemed to be kind of the perfect amount. I think we ran out exactly at the end so, so that was nice to kind of cut that back. For hayrides we contracted through Ken Theis again. He does our Feb Fest out at Lake Ann. He ’s been doing this event for years. Continues to be a great aspect of the event. He picks up riders right in front of the Rec Center as they ’re coming in so it ’s a great visibility. I think people really enjoy that and some people came just to kind of pet the horse, did their hayride and actually left I was told too so it ’s fun that we can continue to have him there and I think he enjoys it as well. We also, part of the carnival games in the gym, we also had some face painters. We contracted for 3 face painters through Maund Entertainment. Once again just like all the games, the line was backed up. It was free face painting for all the kids. They all, you know Spiderman gets a little Spiderman decoration on his cheek so they kind of do a lot of theme stuff which is fun and continues to be very popular with the kids. So thanks to Chair Kelly and Jacob Stolar. They both came out and volunteered. We appreciate your help with that. We also had other volunteers from the community and the Key Clubs from Chanhassen and Chaska High Schools. I think we had total probably about 45 volunteers through the organizations and the community so we are very thankful for that. And a lot of them even stuck around super late to tear down the games and the spooky rooms and so a great group we had this year and you know without volunteers like that, or yourself Cole, you know we couldn ’t have events like that so we certainly appreciate all that. You ’ll see some general comments on the bottom of the report there. Some recommendations. The biggest thing is to continue to find ways to keep things fresh. Update the spooky rooms or games or things like that you know for the families who come back year after year. We kind of talked about adding more carnival games to keep the lines short and one possible idea is to see what we can use to do to utilize the space in the Rec Center gym too. You know it ’s a 2 hour party. We only use it for 30 minutes for the show. If we try to put more games in there. Maybe shut them down during the entertainment or see what we can do but just kind of some things we kind of tossed around and brainstorm for next year ’s event so I ’d be happy to answer any questions if anybody has any regarding the Halloween Party. Kelly: Mitch, it was a great event. The kids have a wonderful time and they ’re all excited and enthusiastic and I know you ’ve all been wondering. I was Mr. Incredible this year and all the kids know who Mr. Incredible is so I still haven ’t seen him on a cartoon but I know what he looks like. Also Park and Recreation Commission – November 26, 2013 9 Mitch ’s predecessor, John stopped by and he said to say hello to everybody. Other than that, any questions for Mitch? Echternacht: Mitch, do we send thank you letters to the two Key Clubs? Johnson: Yep we do. To the advisors we do. And I think they have weekly meetings and usually they kind of spread the thanks that way too. Kelly: Any other questions? Mitch, it was a well run event. Thank you. Johnson: Yeah, thank you. CHANJAM ’13 EVALUATION. Kelly: And Mitch, we ’re right back at you with ChanJam ’13. Johnson: Alright, thank you. Unfortunately our 7 th ChanJam battle of the bands competition that was scheduled for Friday, November 15 th was cancelled. Unfortunately we didn ’t have any band applications. We didn ’t receive any. No phone calls. No emails. Nothing so it ’s just kind of unfortunate. We kind of talked a little bit last month you know what are some of the reasons. You ’ll see from the chart on the report there, we kind of it seemed like in ’08 to 2010 you know we had 8-9 bands which was great and then it really kind of dropped off in 2011. So I think you know bands are just finding other platforms to perform. You know it was one of those things, we had a great run at it but as we look forward to next year I think staff ’s going to recommend that we kind of try to find a new event to kind of cater to that teenage, you know kind of audience and customers that we ’re looking for. So I mean it ’s been great over the years. We still have the plague out with all the winners at the Chan Rec Center. Something we ’ll keep out there but just as we ’re going forward I think the time has come to an end with that one. Kelly: Questions for Mitch. Mitch, I agree with your conclusion. I think it ’s you know, it worked well for a number of years and last 2 years it hasn ’t worked so it ’s time to switch to something different and good luck in finding something different. Johnson: Sounds good, thank you. Kelly: We ’ll try to come up with some ideas to help you out. Johnson: Yeah, sounds great. Scharfenberg: Well you know along those lines I would recommend that if still feel that this is somewhat of a valuable experience that we team up with MacPhail , with the new MacPhail school. You know let them take the lead on it because clearly they have kids that are coming there with musical talent you know to showcase it so be it a talent show or something like that, that maybe we have some conjunction with them to do that. I would explore that but you know personally I would leave it up to them and kind of let them take the lead on it given that they ’re here in our community now and they know who the kids are and maybe that ’s something they would want to you know promote and we would certainly be willing to help them with that if we have some interest but yeah. I would leave it up to them. Johnson: We even tossed around the idea, you know we ’ve got the summer concert series. The 4 th of July stage. You know is there other ways we can get the local bands to give them that platform to perform and stuff if they ’re interested so. Park and Recreation Commission – November 26, 2013 10 Kelly: Any other thoughts or comments? Thank you Mitch. 2013 TREE LIGHTING CEREMONY. Kelly: Mitch you ’re just. Johnson: I ’m on fire tonight. Kelly: You ’re on fire tonight. So let ’s hear about the tree lighting ceremony. Johnson: Tree lighting, yeah. Well you probably felt it outside when you were walking in. Winter is here. It ’s coming so that means our annual tree lighting ceremony is scheduled for the weekend after Thanksgiving so it ’s Saturday, December 7 th at 5:00 p.m. right here in downtown Chanhassen at the plaza here at City Center Park. Event usually lasts about an hour. We usually light the tree around 5:15 p.m. We have a couple veterans and their grandchildren who are going to be flipping the big switch with Mayor Furlong so I invite the commissioners and residents and neighbors and visitors to come out for a fun event. At this year ’s event we ’re going to have live reindeer, refreshments, the bonfires, some carolers from Living Christ Lutheran Church, the gingerbread house displays and of course the ever popular visit from Santa Claus. So I ’m working with the Chanhassen Fire Department. Sounds like they might be working with Santa to try to provide a ride into town so it ’s always fun. The event usually draws about 300-400 people. All weather dependent. Hopefully we get a nice glistening of snow to kind of add to the atmosphere. Flyers went in the Villager last week. I think we had 6,000 flyers that went in. Information ’s also in the Connection. The website. It will go on Facebook and kind of word of mouth so, so special thanks to Buy Chanhassen. They do a lot with the refreshments. They provide all that so we appreciate that. And then the Mustard Seed Landscape and Garden Center so they provide the reindeer and stuff so appreciate those partnerships we have. Kelly: Any questions on the tree lighting ceremony for Mitch? Thank you Mitch. I hope to be out there this year for it. Looking forward to it. Johnson: Alright. 2013/14 WINTER PROGRAMMING. Kelly: And Mitch, you now get to talk on the winter programs. Johnson: Yes. Thank you Chair Kelly. On the report there you ’ll see a whole list of winter events and programs we ’re offering. All that were published in the winter edition of the Chanhassen Connection. That was mailed out the last week in October so kind of listed them there. I ’ll kind of highlight a few. Starting with the family events on the top. We have this year the 21 st annual Feb Fest which is the first Saturday in February. I believe this year it is February 1 st so hope to see everybody out there. It ’s always a fun event. A new event we ’re offering this year is the Luminary Walk. That one is scheduled for the middle of February. The weekend after Presidents Day. I ’m working with the Holiday Inn Express. We ’re going to have kind of a short program there and then we ’re going to light the Chanhassen Nature Preserve with some luminaries and so if we have a nice night, you know a full moon would be nice or at least not a cloudy night. There ’ll be some nice glow when you kind of stroll through the park in the winter to kind of use some of the trails and maybe bring people to the Nature Preserve who have never been out there before. So that will be a fun one. We ’re continuing the Dance Party on Ice out at the Rec Center. That event is in January. Kind of moving down. The Rec Center Sports Program continues to grow. Just looking at rosters again today, we ’ve got lots of programs full. Kids on the waiting list so we ’re doing our best, working with Jodi to see what we can do for gym space to continue to kind of grow Park and Recreation Commission – November 26, 2013 11 that program. We ’re actually in the process of hiring a new Rec Sports Coordinator. We had some interviews today. Couple more tomorrow. A position that was vacated when Miranda Hoppe, our former intern and coordinator, she just left a couple weeks ago so we ’re working to fill that position. So yeah that ’s going to be very busy throughout the winter. Going into the preschool programs, offering more art programs out at the Rec Center including the Abrakadoodle Camps. A new one that we ’ve added this year is called Art Fired Up. It ’s a local artist who brings different pottery items and the kids can decorate them and stuff. He takes them back to his studio. Fires them. Glazes them and then returns them back to the family in usually a 10 day turnaround so so mething kind of, you know a memento that they can take back with them. So going back on the back side of the page. Couple other events. We have the Daddy- Daughter Sweetheart Dance. We do two sessions of that in February. A new one we ’re trying this year is like a Mother and Son Superhero Spectacular we ’re calling it so Mr. Incredible if you ’re interested, if you have your suit laying around. So kind of a spinoff of the Daddy-Daughter Sweetheart Dance so it should be fun with that and we ’re going to do an ice skating clinics out at the Rec Center again. We ’ve got the Tae Kwon Do. Some school release camps. Some programs we ’re going to offer and then there ’s a list of the adult programs. The 3 on 3 basketball league and Jodi continues to operate the Pilates and the Yoga and the Zumba and stuff out at the Rec Center. So I ’d be happy to answer any questions anyone has about the programs. Kelly: Questions for Mitch? Thank you very much Mitch. Johnson: Alright, thank you. COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Hoffman: Variety of items in there. Nothing that I need to highlight. We do have a relationship with the folks who are disability, Reach for Resources … Ryan: Todd I have a question. The new walkway, kind of trail on 78 th and Galpin. Are they going to repaint, stripe the lines for the walkway and put in a crosswalk sign? Hoffman: Yes. Ryan: They will? Hoffman: The concrete work was done late in the season and I ’m not sure what the painting schedule is. If that ’s going to need to wait til spring. Ryan: Okay. Hoffman: They put the crosswalk in …and then signage … Ryan: It was very well done. Very excited about that. That ’s always a dangerous area to cross so happy to see that done. Kelly: Todd I guess we ’re going to have a new person here next week. Park and Recreation Commission – November 26, 2013 12 Hoffman: We will. We ’ll introduce our replacement for Dale Gregory in the Park Superintendent position so Adam Beers will be here to meet you and Adam is currently the Assistant Golf Course Superintendant at the Wayzata Country Club and his official day on the job is December 9 th . Kelly: Thank you. Anything I missed? Anything anybody needs to bring up tonight or do we put it to the question? Carron moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 8 to 0. The Park and Recreation Commission meeting was adjourned at 8:10 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim