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CC Minutes 1998 11 09CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 1998 Mayor Mancino called the meeting to order at 6~30 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Berquist, Councilman Engel, Councilman Mason and Councilman Senn STAFF PRESENT: Don Ashworth, Tom Scott, Bob Generous, Sharmin A1-Jaff, Anita Benson, Scott Hart and Beth Hoiseth APPROVAL OF AGENDA: Councilman Berquist moved, Councilman Mason seconded to approve the agenda as presented. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Engel moved, Councilman Mason seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations~ a. Approve Engagement Letter for Review of 12/31/98 Debt Services Projections. e. Approve 1998 Trail Easements. f. Resolution #98-99: Accept Storm Drainage and Street Improvements in Lotus Lake Woods - Project No. 95-15. g. Approval of Bills. All voted in favor and the motion carried. Mayor Mancino: Let's go back to those two pulled items. D. BRENDEN PONDS 3m~ ADDITION, GESTACH AND PAULSON: FINAL PLAT APPROVAL AND APPROVAL OF DEVELOPMENT CONTRACT AND GRADING AND DRAINAGE PLANS-PROJECT 97-7. Mayor Mancino: l(d). Councilman Berquist, you had pulled that. Councilman Berquist: I had pulled that. I wanted to put up and hear comments from the public and if there was no one from the neighborhood, then I would like to see us notice the neighborhood.., and have input. Mayor Mancino: Okay. Is there anyone from the neighborhood who was here during the preliminary plat in the audience? Okay. Then what we will do is, you're suggesting that we pull it. Notify those that were in attendance at the preliminary plat. We have their names and addresses and put it on the agenda for two weeks from tonight. City Council Meeting -November 9, 1998 Councilman Berquist: Send them a letter basically telling them that our hands are somewhat tied in this particular issue but that we would like to at least let them know what's going on and. Mayor Mancino: Invite them to the Council. Councilman Berquist: Invite them to the Council meeting. Mayor Mancino: Okay. Any other discussion? Then may I have a motion please. Councilman Berquist: I move to table. Mayor Mancino: Thank you. And a second. Councilman Senn: Second. Councilman Berquist moved, Councilman Senn seconded to table the final plat, development contract and grading and drainage plans for Brenden Ponds 3rd Addition for two weeks to notify the neighborhood. All voted in favor and the motion carried. The item was tabled. H. APPROVAL OF MINUTES. Councilman Senn: I want to move to table that since Roger's out of town. Won't be back til Thursday and I've got a question for him on a couple things. Mayor Mancino: Okay. Second. Councilman Senn moved, Mayor Mancino seconded to table the City Council Minutes dated October 26, 1998. All voted in favor and the motion carried. VISITOR PRESENTATIONS: PRESENTATION OF AWARD FROM THE OFFICE OF SENATOR ROD GRAMS FOR CRIME PREVENTION/SAFETY EDUCATION PROGRAMS. Mayor Mancino: Tonight we have Richard Toflsenson from Senator Grams office who will be presenting an award so would you like to come forward to the podium. This is a crime prevention safety/education program award. Richard Toflsenson: Mayor Mancino, City Council members. It's an honor to be here this evening representing Senator Grams. The reason for the presentation is that an organization called National Town Watch monitors 9,500 cities throughout this nation watching your crime prevention programs. They consist of neighborhood watches or any sorts of things that your officers or your liaison people are doing to help with crime prevention within your city. Your city has been recognized as one of 30 in a seven county area in the metropolitan area as having received one of those awards and if I may I have a letter that I'd like to read from the Senator. Dear Mayor Mancino. It is with great pleasure and gratitude that I join the citizens of Chanhassen in saluting your community during National Crime Prevention Month. Citizen involvement is critical in securing the safety of our communities. We must remember that we can reduce crime, violence and substance abuse through active citizen participation and local community approaches to prevention. By strengthening your neighborhood spirits and generating active participation in your local City Council Meeting -November 9, 1998 anti crime programs you have displayed a commitment to ensuring safer streets for all of your residents. But more importantly you have sent a message to criminals that your neighborhoods are organized and will fight against the threat of crime. The most effective assault in crime occurs close to home when the federal government, not as an overseer but as a partner joins with local governments and concerned citizens to fight crime at it's source. As a nation we have learned that communities like Chanhassen can best meet it's crime prevention needs when they have the flexibility and decision making authority to put tax dollars directly to work in their fights against crime without having them funneled through Washington. In countless communities across the country crime prevention like yours has been a success. I commend you Mayor Mancino for providing the leadership necessary to get the job done. Neighborhood Watch coordinator Beth Hoiseth, Public Safety Director Scott Harr and the entire Chanhassen Police Department for it's commitment to stopping crime at it's source. I will continue to work with you along with other elected leaders and citizens to ensure that more management decisions are entrusted at the local level. And in that way we can build on the success you have achieved while eliminating the burdensome mandates from Washington and the excess regulatory paperwork requirements that make it so difficult for local law enforcement officials to put their crime prevention plans to work. I know I speak for all the citizens of Chanhassen when I say thank you for encouraging their involvement in preventing crime. Your work is publicly recognized during National Crime Prevention Month but more importantly it is remembered and appreciated every month of the year. Sincerely, United States Senator Rod Grams. The Senator has presented to the U.S. Senate a certificate to the City of Chanhassen in recognition of it's outstanding achievement in it's community on behalf of crime prevention and at this time I'd like to present that to the folks that deserve it. Beth, congratulations. Mayor Mancino: Wonderful. Now you have to say some real important words. Beth Hoiseth: I wasn't prepared but I just want to thank you for taking the time and the Senator's office for recognizing our efforts in crime prevention and we've got a number of programs involved in safety education and crime prevention and it's just been a great 3 1/2 years that I've been in the position to see what the City of Chanhassen needs and the response that I've had and the support from everyone so thanks very much. Mayor Mancino: Thank you very much. PUBLIC HEARING: REQUEST TO CONSIDER ISSUING AN OFF-SALE INTOXICATING LIQUOR LICENSE TO TERRANCE J. MAGLICH AND MICHAEL G. MAGLICH TO OPERATE THE MGM LIQUOR WAREHOUSE AT 7856 MARKET BOULEVARD. Don Ashworth: Staff has completed a review of the proposed application. We've had public safety do a background check. The Council did receive the report in regards to those checks. Staff is recommending approval. Mayor Mancino: Is the applicant here and would you like to say anything to the Council? Please come forward and state your name and address. Terry Maglich: Mayor, members of the Council. My name is Terry Maglich. I live at 16500 Grays Bay in Minnetonka. We're looking forward to doing business in the city of Chanhassen. We've been in business in Chanhassen for a number of years under a franchise arrangement with Rich Larsen who is here this evening and we've entered into a financial agreement to take over the ownership and management of City Council Meeting -November 9, 1998 the store and we're looking forward to doing business in this community. And I'm here to answer any questions that you might have. Mayor Mancino: Thank you. Any questions for the applicant? I don't see any. Thank you. Terry Maglich: Thank you. We're looking forward to doing business here. Thank you very much. Mayor Mancino: Is there anyone here tonight that would like to give public comment on this? Seeing none, may I have a motion? Councilman Senn: So moved. Councilman Mason: Second. Councilman Senn moved, Councilman Mason seconded to approve the off-sale intoxicating liquor license request from Terrance J. Maglich and Michael G. Maglich representing MGM Wine & Spirits, Inc. dba MGM Liquor Warehouse. All voted in favor and the motion carried unanimously. ASSESSMENT HEARING FOR: A) PROJECT NO. 97-1A (98-1), CENTURY BOULEVARD STREET/UTILITIES (LAKE LUCY ROAD. B) PROJECT NO. 97-1B-2~ COULTER BOULEVARD EAST OF CENTURY BOULEVARD. C) PROJECT NO. 97-1D~ COULTER BOULEVARD WEST OF CENTURY BOULEVARD. Phil Gravel: Thank you Mayor. This project as you know is part of the utility and street improvement projects for the industrial park. The total project cost was $2,624,000.00. The total assessable amount is $2,041,000.00. One other item to point out. This assessment hearing covers the work to date. There are a couple of remaining items that need to be completed on this project in the future. Those include the traffic signal at 82nd Street, the remainder of Century Boulevard and the south Lake Minnewashta watermain loop as was included in the feasibility report. That's it. Mayor Mancino: Thank you very much. Any questions for Phil at this point? Is there anyone here tonight wishing to. Councilman Mason: As the camera pans the crowd. Mayor Mancino: Of all of you that are out here tonight, is there anyone here tonight that would wish to comment on this to the City Council? Okay, I'll bring it back to City Council. May I have a motion please? Councilman Berquist: I move approval. Councilman Mason: Second. Resolution #98-100: Councilman Berquist moved, Councilman Mason seconded that the assessment role for the Arboretum Business Park Capital Improvement Project No. 97-1B-2, Coulter Boulevard east of Century Boulevard dated October 8, 1998 be adopted at a term of 8 years and an interest rate of 7.5%. All voted in favor and the motion carried unanimously. City Council Meeting -November 9, 1998 Resolution #98-101: Councilman Berquist moved, Councilman Mason seconded that the assessment role for the Arboretum Business Park Capital Improvement Project No. 97-1D, Coulter Boulevard west of Century Boulevard dated October 8, 1998 be adopted at a term of 8 years and an interest rate of 7.5%. All voted in favor and the motion carried unanimously. APPROVE CAPITAL INVESTMENT EXPENDITURES ELEMENT OF COMPREHENSIVE PLAN. Bob Generous: Thank you Madam Mayor, Council members. The final element of the comprehensive plan is the capital investment element and this provides a guide for the capital expenditures that would be necessary to provide the facilities that are required in the community. In going through the projects, we tried to take the total cost of a project. In most cases the city won't be paying for that total amount but we wanted to give an idea of the magnitude of the capital investments that would be necessary. From the last work session council had, we tried to incorporate some priority listings of projects in here such as moving the library forward and adding a senior center and an art center. We will note that the senior center project in here is contingent on the library going forward and vacating the space. The art center looks at using an existing facility and remodeling that. Again this is just a guide. It's really dependent on development in the community. A lot of the projects would be done after the property owner requests a capital improvement by the city and goes through the feasibility process. But this is just, it gives us a tool so that we can look into the future and see what we're going to spend. Staff is recommending approval of the capital investment plan and I'd be happy to answer any questions you may have. Mayor Mancino: Okay. Any questions for Bob at this time? My only comment would be that we probably do want to go back and look at the lakes area at some point in the future as to again that was an important point as the city council was doing their strategic. We have been working on our strategic plan of the lakes and the quality of our lakes in out city so we might want to go back and revisit that. Any other comments? Then may I please have a motion. Councilman Engel: Move approval. Mayor Mancino: Is there a second please? Councilman Mason: Second. Resolution #98-102: Councilman Engel moved, Councilman Mason seconded that the City Council approve the first reading of the 2020 Capital Investment Plan dated 11/4/98. All voted in favor and the motion carried unanimously. VACATION OF A PORTION OF A TREE PRESERVATION EASEMENT LOCATED ON LOT 5, BLOCK 1, LOTUS LAKE WOODS. Bob Generous: The tree easement on this site was established as a part of the plat. When they actually went in to check the site for building the house, they found they had poor soils. To build the house where the city had said we wanted it, they'd have to do massive subsoil improvements and take out the trees to the front. By shifting, vacating this easement they're able to fit the house in and preserve the significant trees on site. Staff is recommending approval of this vacation and we'd require that the developer provide us a legal description of the easements that are to be vacated. City Council Meeting -November 9, 1998 Mayor Mancino: Thank you. Any questions for staff? So they're still able to put, to move the house pad outside the poor soils and yet not take down any trees? Bob Generous: Well there's some smaller ones but none of the significant trees that we were looking at preserving. Mayor Mancino: Any other questions? May I have a motion please. Councilman Senn: Move approval. Councilman Mason: Second. Resolution #98-103: Councilman Senn moved, Councilman Mason seconded to approve the partial vacation of the tree preservation easement with the condition that the applicant submit a legal description for the vacated area as shown on the survey received October 27, 1998. All voted in favor and the motion carried unanimously. ADMINISTRATIVE SECTION DISCUSSION. Mayor Mancino: Any questions on the Admin section? Councilman Berquist: Yeah, I've got a question on this letter regarding 550 Indian Hills Road. I don't know if you can talk to this Bob or not. The city talks about, dated November 4. She talks about.., recreational vehicles. He's been instructed to change those things. Move them inside. Everything is currently licensed. And then I read the gentleman who's offering the complaint about the property. Meet the zoning, right out of our ordinance book. This has been going on for a long period of time. Are these complaints that have occurred over a long period of time? Or are they complaints that.., as of October 27th? Do you know? Councilman Senn: This issue has been going over a long time. Mayor Mancino: This has been going on. Councilman Berquist: I know. You know.., had been resolved and not it seems to have surfaced again and I don't know, what's changed? Mayor Mancino: What has changed from the first time. It has been cleaned up quite a bit in, I want to say a year ago. I was out there and the only thing that I saw outside was a Bobcat. So I think you have to go and visit the site several times to see what's out there. Councilman Berquist: ... occurring. Mayor Mancino: Yeah. Yeah, and again this is a homeowner. The homeowner that has quite a few things around the property is someone who's lived there quite a long time and the complaint is you know newer people that have moved in. So I'm sure Cindy can catch you up on that a little bit more. The other thing I thought was interesting, did you see in here the parks. The pictures of progress using the digital camera. To see the difference between the before and after. We're using the digital camera in quite a few areas City Council Meeting -November 9, 1998 now. Putting it so it's in the computer. One of the items that was not on the, or the last item really that wasn't on the agenda is for us to quickly do a vote on the two good search firms that came up as finalist. Mark Sathe and Associates and the Par Group. So why don't we go ahead and vote on that and if people would like to offer any comments. Councilman Berquist: Well I left prior to hearing Council's discussion regarding the search firms. I don't know if this is a good time to offer my input but after giving it considerable thought, and weighing the pros and cons back and forth, I would be supportive of Sathe and Associates conducting the search. Mayor Mancino: ...particular reason? Councilman Berquist: I think both firms have been qualified. There are a number of reasons. I like the fact that they're local. I think that given the individuals that would be personally responsible for the account, that the individual from Sathe would, I'm trying to think how to word this. I think Sathe would do a very, very good job. I think both Par Company, Par and Sathe would do a very, very good job... Mayor Mancino: Any other comments before we vote? Councilman Mason: Well, after the discussion on Monday it's clear, well I'm assuming, unless things have changed drastically I'm in the minority. So be it. I think at some point cost needs to enter into the discussion and I don't know how you factor all that in. Par clearly has an impeccable track record with public employee searches, and I understand the argument that you know let's look at all the options. Par said he certainly could do that so I'm not quite sure when I'm hearing from, and certainly not just Steve has spoken tonight. When I'm hearing that it seems that both companies are quite good at what they do, why Council would choose to, and in defense and maybe other people want to speak. They talked about different options and choices and all that, and that's fine. I'm still not quite clear in my mind how in this age of needing to watch money, if everything is equal, why we would go with a company at least in the information that we have would appear to be considerably more expensive. Mayor Mancino: Okay, any other comments? Any comments from anyone in the, like to speak? The council person who will be working on council. Linda Jansen: Mayor and councilmen. I'm making comment because you were so generous with both Mr. Labatt and myself as far as allowing us to make comment in the work session and I thought after doing my diligence I had not had an opportunity to read the packet. Having been handed the individual companies information just prior to the interview process. Having had the opportunity to do that, I thought I should maybe let you know that my opinion did change. And as far as Sathe and Associates, in going through their detail and the amount of personal attention that they can bring for the value that we would be spending additionally. Trying to weigh the pros and cons of the expenses and how that would add up, you know not that my opinion matters here and again I appreciate the fact that you would let us make comment but I thought it would be prudent for me to at least mention that my opinion had changed to Sathe and Associates. So thank you for letting me make comment. Councilman Engel: I would make one comment and that is respecting Councilman Mason's reference to the cost. It is a substantial cost but as someone who travels as a consultant and I read a lot into the details of that contract too and their offers, I think you're going to look at about a $5,000.00 difference. By the time this thing's all said and done, you've done all the psychological exams, the tests, the interviews, the trips, it's going to be a lot closer than it looks right now on the bid basis. That's just from experience City Council Meeting -November 9, 1998 traveling and costs, they add up. They always end up being more than you think they're going to be. But they will still probably be a little bit more but I like the fact they're local and they will give us a little bit better, I think the Minnesota touch that we're looking for, they've got a good pool of people to pick from and if it was a one year expenditure, I probably would be a little more focused on that price differential. But the way I look at this, the city manager should be here for at least 10 years and we should amortize that price difference over 10 years. It's going to end up being a matter of a few hundred dollars a year so that's how I've rationalized it personally so I do favor Sathe as well. Mayor Mancino: Okay. Then let's just take a vote. All those in favor of Sathe and Associates put up your hands. Okay, it's four. And all those for Par Group. One. Okay, so let's, that's it. Okay. ASSESSMENT HEARING FOR PROJECT NO. 97-1A (98-1) LAKE LUCY ROAD. Don Ashworth: Phil would like to go through, for one minute the recommendation in regards to one of the assessment issues. Or Anita. Anita Benson: I'll cover that. We need to do an assessment hearing for Lake Lucy Road project 98-1. That may have been a little bit misleading on your agenda because it was change ordered through the Arboretum Business Park projects but we need to do a separate hearing for that and I'll do my staff report now. Mayor Mancino: Do you want us to get this out? Anita Benson: Sure. It's item 4(a). Do you need to open the hearing before I do the staff report? Tom Scott: I guess it was a little confusing. I guess we'll treat the last hearing.., and I would suggest that we open the public hearing on 4(a) which is this agenda item and ask for a staff report just to make sure we've covered our bases. Mayor Mancino: Okay, staff report please on item 4(a). Anita Benson: This is the assessment hearing for the Lake Lucy Road Project No. 98-1. The primary project elements consisted of the construction of the remaining portion of Lake Lucy Road between Brenden Pond and Woodridge Heights developments, storm sewer construction and pond excavation and bituminous trail construction. As identified in the feasibility report, a portion of the project costs are considered to be of benefit and assessable to the developer of Brenden Pond 3rd Addition. The assessments are based upon front footage costs consistent with the previous Lake Lucy Road Phase I Project No. 92-12 with the construction cost index factor added in. As of the printing of the council packet no written objections to the final assessment role had been received. The total amount proposed to be assessed is $46,766.72. This is based on the front footage as shown on the Brenden Pond 3rd Addition plat. While this plat has not received final approval from the City Council, it's recommended that the City Council adopt the assessment role. Any revisions to the total front footage approved by the Brenden Pond 3rd Addition plat can be administratively made by staff. At the close of the public hearing if there are no relevant comments, questions or concerns which require further investigation, it is staff's recommendation that the final assessment role for Lake Lucy Road Project 98-1 dated October 30, 1998 be approved at a term of 8 years and an interest rate of 7 ½% on the unpaid balance with an amendment to identify the parcels to be assessed as Outlot B, Brenden Pond 1st Addition and Outlot A, Brenden Pond 2nd Addition. City Council Meeting -November 9, 1998 Mayor Mancino: Thank you very much. Is there anyone here who would like to comment on this? William Plato: Yes, Mayor and members of the council. My name is William Plato. I'm an attorney in Chaska. I've represented the developers for several years. I just have one question. I know the assessment amount is $46,766.00 and the proposed assessments now because the plat is not approved is against Outlots A and B in the original plat of Brenden Pond. There's some talk about it's going to be assessed on a front footage basis. The question I have is you want to collect $46,000.00 and if the 3rd Addition plat is approved and the front footage on Lake Lucy Road, all of it is not in a buildable lot. For example, what if something happened and there was part of it that was in an outlot, which would decrease the front footage. Are you still collecting the same $46,000.00 and you just allocate it over a smaller front footage? Mayor Mancino: Well we double it for outlots. No, I'm just kidding. Anita, could you answer that please. Anita Benson: The assessment amount, if the front footage rate goes down with the final plat, I would propose that the assessment amount also go down. So whatever your final front footage is with your 3rd Addition for lots accessing directly on Lake Lucy Road would be the rate we would use at the $87.18 a lineal foot. William Plato: Okay, and when you say lots that means buildable lots rather than outlots? Anita Benson: Correct, buildable lots. William Plato: Okay I guess. Mayor Mancino: That answers it for you? William Plato: Yeah, I guess... Mayor Mancino: Okay, good. Dave Gestach: I'm Dave Gestach, the developer. The question I would have is always if something changes. Okay you'd have to create an outlot but I'd just, from the way I see it, we have two proposed lots on the south side right now and the frontage is, are running, what are they on the south side there? Well regardless. My question being, what if it was then changed if something happened to one of the lots to where there's only one lot and it was a broader based lot. So then you're saying basically it would just be against for front foot. Mayor Mancino: On the buildable lot. Dave Gestach: Then the rest would become an outlot. Anita Benson: Correct. If you platted the rest as an outlot, we would just do the front footage of the actual size of the final platted lot that's buildable. Dave Gestach: Okay. I guess that answers my question, thanks. Tom Scott: If there is an outlot question, if there's an outlot platted now and that was replatted in the future to a buildable lot, how would we handle that? City Council Meeting -November 9, 1998 Anita Benson: Well essentially that's what we're dealing with right now. We have two outlots that we're proposing to put these assessments against. At the time that we actually with Lake Lucy Road Phase I, the frontage assessment by the lineal foot for the buildable lots fronting on Lake Lucy Road, that rate was established. So right now what I'm proposing to do is, we do the assessment against the outlots and if the plat comes in, and it will be shortly, and any changes are made, we would increase or reduce that front footage rate. So what you're really approving tonight is the rate based on Brenden Pond 3rd Addition plat of $87.18 a front foot. Tom Scott: Do I understand that would the total assessment remain the same but it would just be spread exclusive of any outlot? For the total assessment. Anita Benson: It could decrease. Mayor Mancino: Okay, good. Tom, we don't need to revote on this do we? Tom Scott: I would suggest Madam Mayor that we formally close the public hearing and then yes, that we would vote specifically. Mayor Mancino: Thank you. Okay, so the public hearing is closed. May I have a motion please? Councilman Berquist: I move approval of the assessments as detailed in the staff report. Mayor Mancino: Second please. Councilman Engel: Second. Resolution #98-104: Councilman Berquist moved, Councilman Engel seconded that the final assessment role for Lake Lucy Road Project No. 98-1 dated October 30, 1998 be approved at a term of 8 years and an interest rate of 7.5% on the unpaid balance. All voted in favor and the motion carried unanimously. Mayor Mancino adjourned the City Council meeting at 7:05 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 10