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1-24-00.cc.doc CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 24, 2000 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 Labatt, Councilwoman Jansen, and Councilman Senn COUNCILMEMBERS ABSENT: Councilman Engel STAFF PRESENT: Scott Botcher, Roger Knutson, Anita Benson, and Bob Generous APPROVAL OF AGENDA: Councilman Senn moved, Councilwoman Jansen seconded to approve the agenda amended to delete item 4, Approve Feasibility Study; Authorize Preparation of Plans & Specifications for Grandview Road Area Utility Improvement Project 97-11. All voted in favor and the motion carried unanimously. PUBLIC ANNOUNCEMENTS: Mayor Mancino announced that the public hearing for the Grandview Road Area Utility Improvement Project would be on Monday, February 28, 2000. CONSENT AGENDA: Councilman Senn moved, Councilwoman Jansen seconded to approve the following Consent Agenda items pursuant to the City Manager’s recommendations: Resolution #2000-08: a. Approve Plans & Specifications for Traffic Control Signal and th Interconnect Systems, TH 5/West 78 Street Improvements, Project No. 97-6, SP 1002-70. Resolution #2000-09: c. Authorize Advertising for Bids, Bluff Creek Bank Stabilization Project. d. City Code Amendment Eliminating the Position of Public Safety Director. e. Approve Assignment of the Development Contract for Lot 1, Block 1, Southwest Tech Center from CSM Investors to U.S. Bank National Association. f. Approval of Bills g. Approval of Minutes: - City Council Work Session Minutes dated January 10, 2000 - City Council Minutes dated January 10, 2000 as amended on page 36 Receive Commission Minutes: - Planning Commission Minutes dated January 5, 2000 h. Approval of City of Chanhassen Organizational Chart. City Council Meeting – January 24, 2000 i. Approval of Termination Agreement, H. Dan Wright. j. Reconsideration of US West Cellular Tower Decision, Holy Cross Lutheran Church Site. All voted in favor and the motion carried unanimously. VISITOR PRESENTATIONS. UPDATE ON 2000 CENSUS, IVAN SCHULTZ, U.S. CENSUS BUREAU. Mayor Mancino: Tonight we have Ivan Schultz from the U.S. Census Bureau to give us a presentation on the 2000 census. Is Mr. Schultz here? He’s not here. Thank you. Is there anyone else? Mr. Schultz did not make it tonight and maybe he will be coming to another council meeting that we have in February. So we’ll move forward. Is there anyone here tonight that would like to, during visitor presentation come before the City Council? PUBLIC SAFETY UPDATE: UPDATE FROM SGT. DAVE POTTS, CARVER COUNTY SHERIFF’S DEPARTMENT AND THE CHANHASSEN FIRE DEPARTMENT. Mayor Mancino: And welcome. Dave Potts: Thank you Mayor, Council members. For this first meeting I just wanted to present myself to you so you can see me. See who I am. See what I look like. I saw your names on the City e-mail address book. Did you all receive or do you all receive the e-mails that go city wide? Mayor Mancino: Yes. Dave Potts: Okay. I sent one out to kind of introduce myself. Wouldn’t go any further than that in my background if you all had a chance to see that or read that or will be in the near future. Mayor Mancino: We haven’t received, at least I haven’t received it yet on the e-mail. When did you send it out? Scott Botcher: Middle of last week. Mayor Mancino: Oh okay. Councilwoman Jansen: I didn’t get one. Scott Botcher: All city users but I’ll forward it to you because it’s still in my, it’s in a folder. Mayor Mancino: If you want to give us the highlights. Dave Potts: Well I guess the highlights would be that I joined the sheriff’s office in 1981 as a volunteer reserve officer while I was in college and then in 1984 was hired as a full time deputy. 2 City Council Meeting – January 24, 2000 During my years as a deputy on patrol I was involved in various specialties within the sheriff’s office. I was a field training officer for a time, training in new officers. I was a member of the sheriff’s SWAT team for about 8 years and the highlight of my career up to this point was the seven years I spent as a canine handler and that may be where most of you might be familiar with me. Six of those years I worked in the City of Chanhassen with my partner Ben and had a real good run with him. He retired in ’97 and lives with my family and I out on our hobby farm, just across the border into McLeod County. And now about two years ago was promoted to Sergeant and I’ve been, it’s been an office job up to this point in training and development. Employee training and development and this position for me is not only a new opportunity but it’s kind of a homecoming. I was raised in Chanhassen. Spent a good number of years patrolling the city so I’m glad and excited to be back. Mayor Mancino: Good. It’s wonderful to have you. Dave Potts: The only piece of information I have for you tonight is that our patrol schedule will be changing. We currently have some of our officers working 12 hour shifts and some working 10 hour st shifts. We’re going to a straight 10¼ hour shift starting on January 31. And we’ll have, we have a day shift, an evening shift and an overnight shift. The evening shift and the overnight shift overlap for about six hours so we have extra cars during those more busy evenings. Other than that, just hello and I’m glad to be here. Councilman Senn: Welcome. Councilwoman Jansen: Welcome. Dave Potts: Thank you. Scott Botcher: I did take David to the Chamber meeting last week, which I think was Thursday. And one of the goals, one of the things we said from the beginning is that he’s going to be the very public face of public safety/policing in Chanhassen and so we went to the Chamber and got to meet some of the business people. Their needs are a little bit different than some of the residential people. But I would expect that he would be appearing at different gatherings, especially as he starts you know to sort of get his face out there a little bit. If you all have ideas of groups that he might want to go to, I’ve thought about you know the seniors are here in the building. That would be an easy one to hit off. If there’s different groups that you all have an interest in, just let me know and I’ll get with David and we’ll try to figure out something because that’s important. He’s been very supportive. Bud’s been very supportive of it and we want to get off on the right foot. Mayor Mancino: And Dave is also participating in the department head meetings? Scott Botcher: Oh yes. Mayor Mancino: On a weekly basis with the city. Scott Botcher: And weekly meetings with Todd Gerhardt to coordinate assignments with our CSO and with Kerri and with Beth. He’s been jumping right in. 3 City Council Meeting – January 24, 2000 Mayor Mancino: Great. Good, thank you. Scott Botcher: I couldn’t tell you where the fire department is. They’re with the Census guy. I don’t know where they are. They were supposed to be here. Maybe there’s a call. Councilman Senn: In relationship to this, could we maybe just start, since we have these updates fairly regular, every month, we just kind of move them to our work session. Does that really make any difference? Mayor Mancino: We could on some of them, sure. Otherwise I think it’s good for the public and being on the access channel, PEG channel that for the residents and business owners to be able to see what goes on with the fire department and with what’s going on with our policing. So maybe it’s a combination. Maybe it’s a combination of the two. Scott Botcher: When we eventually go live, you’ll be surprised at who will be watching. Councilwoman Jansen: I think it’s real positive to have the public exposure. And you never know how many people we have in the audience so. This has been very good. REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A CAR-X MUFFLER AND BRAKE SHOP (AUTO SERVICES CENTER), 60 LAKE DRIVE EAST, COOK PROPERTIES-CHANHASSEN LLC. Bob Generous: Thank you Madam Mayor, Council members. As you stated, this is a conditional use permit. It’s to re-use of the emissions control site for a Car-X Muffler and Brake Shop. At the present time they’re proposing any revision or changes to the building exterior except for putting up their signage. They will be remodeling the interior for their operation of their business. One of the conditions requires additional landscaping on the east property line to meet our revised buffer yard ordinance. We believe that this is a good re-use of this site and it’s consistent with the surrounding auto related uses. There was one change originally. We had recommended hours of operation from 8:00 to 6:00 p.m. At the Planning Commission the applicant requested that that be revised to 7:00 to 7:00, Monday through Friday. This would be more consistent with the other businesses which may operate from 7:00 to 9:00, Monday through Friday and then 9:00 to 4:00 on weekends and they’re requesting 8:00 to 3:00. Staff is recommending approval of the conditional use permit for this use at the site subject to the conditions in our staff report. With that I’d be happy to answer any questions you may have. Mayor Mancino: Thank you Bob. Any questions for staff at this time? Councilwoman Jansen: I just had one on the hours. Have we gotten any complaints on those extended hours on the other businesses from any of the neighbors or has that been pretty copasetic? Bob Generous: Not the hours of operation. 4 City Council Meeting – January 24, 2000 Councilwoman Jansen: Okay, alright. Mayor Mancino: Is the applicant, any other questions? Is the applicant here and would you like to address the council please? State your name and address. Brian Cook: Brian Cook from 9841 Lee Drive in Eden Prairie and I’ll just answer any questions you might have. Mayor Mancino: Okay, thank you. Any questions for Mr. Cook from Council members? No? Thank you. Brian Cook: Okay, thank you. Councilman Senn: Move approval. Mayor Mancino: Is there a second? Any other discussion? Is there a second? Councilwoman Jansen: Second. Mayor Mancino: Okay. Any discussion at this point? Councilman Senn moved, Councilwoman Jansen seconded to approve Conditional Use Permit #99-5 to permit a Car-X Muffler and Brake Shop, Cook Properties-Chanhassen LLC, subject to the following conditions: 1. Three understory trees shall be planted in the landscape area along the east property line. 2. The applicant shall add one overstory tree to the landscape/sod strip around the parking lot that runs parallel to the east property line. 3. When the building was originally built, because of the building occupancy classification, it was not required to be fire sprinklered. However, because the occupancy is changing from a B-1 B- 2 to an H-4, State Building Code requires that the building be fire sprinklered in accordance with NFPA 13. Pursuant to Chapter 1306, Department of Administration, Minnesota State Building Code #1306.0100 Subdivision 2. 4. The building must comply with Chanhassen Fire Department/Fire Prevention Division Policy #04-1991. Copy enclosed. 5. A one-hour occupancy separation is required between the office/waiting area and the repair area. 6. The building must meet the requirements of Minnesota Building Code Chapter 1341 regarding accessibility for existing buildings. 7. A separate sign permit shall be required for each sign proposed on the site. 5 City Council Meeting – January 24, 2000 8. The shop hours shall be from 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 3:00 p.m. Saturday. Changes to the hours must be approved by City Council. 9. No outdoor storage of any kind and any vehicles left overnight shall be stored in the building. 10. Repairs to vehicles may not be performed outside the building. 11. The monument sign base shall be consistent with the building material. 12. There shall be no outside speakers or telephones. All voted in favor and the motion carried unanimously. CONSIDER AN AMENDMENT TO PERMIT AUTOMOBILE RENTAL IN THE BH, TH HIGHWAY BUSINESS DISTRICT, 227 WEST 79 STREET, ENTERPRISE RENT-A-CAR. Cindy Kirchoff: Thank you Mayor and Council. Enterprise Rent-a-Car is requesting a zoning ordinance amendment to operate an auto rental facility in conjunction with an automobile repair facility in the BH district. The zoning ordinance does not currently allow this type of business in the BH district. Staff does support this type of use. It will be a good service for the local community if it complies with the standards that are located in Attachment #4. Staff would support this only if it is operated with a conditional use permit so we can attach any conditions that we would feel would be necessary for the business to operate as a good neighbor. The conditions in Attachment #4 are intended to limit the facility to a local facility or community facility and to limit the intensification of the use. Keep it an automobile rental facility rather than expanding to auto sales. This application th was reviewed on January 5 at the Planning Commission. They did generally support it. They did have a couple concerns. Foremost that the use be ancillary to a primary use of the site. And a second concern was that 20 vehicles is too many. They also had concern that we regulate the use of outdoor phones and signage on the automobiles and we did incorporate that into the ordinance amendment. Staff does support it and recommends it’s approval. However, Enterprise Rent-a-Car will have to come back at a later time and apply and be granted approval for the conditional use permit. Thank you. Mayor Mancino: Thank you. Any questions for staff? I have one. I’m assuming Cindy that the signs on the vehicles means that they just don’t want to see any advertising on the rental vehicles in the parking lot. Cindy Kirchoff: Yes. Mayor Mancino: Correct? That’s the intent of that. Okay, thank you. Is the applicant here and would you like to address council please. Kent Beck: Thank you Mayor, Council members. My name is Kent Beck. I live at 992 Stewarton Drive in Woodbury. And I’m here to answer any questions you might have. 6 City Council Meeting – January 24, 2000 Mayor Mancino: Okay, any questions? Councilwoman Jansen: No. Councilman Labatt: No. Mayor Mancino: The only question that I have is that, do you need 20 cars? Would 15 cars fill the bill for you instead of 20? Kent Beck: With the concern of the 20, we could do it with 15 if that’s going to be a problem. We’re more than willing to work on that. Mayor Mancino: Okay, thank you. Were there any other concerns that you had? Kent Beck: No. We’re just looking forward. We have 45 offices in Minnesota and would like to be able to service the Chanhassen area. Mayor Mancino: Great, thank you. It’s a service we don’t have. I think it’s a good one. Thank you. Kent Beck: Thanks. Mayor Mancino: Okay, any discussion from council? Then may. Councilman Senn: Move approval with the change in number 8 to 15 vehicles from 20. Mayor Mancino: Okay. Any discussion on that? Is there a second? Councilwoman Jansen: Second. Councilman Senn moved, Councilwoman Jansen seconded that the City Council approve the zoning ordinance amendment #99-3 (Sec. 20-296, Sec. 20-714, Sec. 20-1124 and Sec. 20-1) to permit automobile rental facilities as a conditional use in the BH, Highway Business District as shown in Attachment #4, amending number 8 to read 15 vehicles as opposed to 20 vehicles. All voted in favor and the motion carried unanimously. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION. Mayor Mancino: Any other correspondence discussion? I did ask Anita if we could th discuss her memo in our correspondence from January 18 at maybe our next work session for about the first 15 minutes. 7 City Council Meeting – January 24, 2000 Councilwoman Jansen: Okay. Because we’re getting minutes done from the first neighborhood meeting I gather once they look at those? Okay. Mayor Mancino: That’s a good follow-up. Councilman Senn: The neighbors have been trying to get them. They haven’t been available yet. Councilwoman Jansen: Are they verbatim minutes so you know? Councilman Senn: Don’t know. But they did, the neighborhood had asked that Anita return them to the neighborhood to review before they’re distributed out… Councilwoman Jansen: Okay. I’ve been seeing this legislative meeting notification that we’ve been getting. I think there’s the one in here is referring to it, at the Capitol. rd Mayor Mancino: On the 3? rd Councilwoman Jansen: Is it on the 3? I was just curious to see if anyone else is planning on attending that. Mayor Mancino: Which one Linda? I’m sorry. Councilwoman Jansen: And I don’t know, it’s in this, is it in this packet? It may not be in this packet. It may have been in the last one Mayor. At the Kelly Inn. Councilman Senn: Is that the meeting that Southwest Coalition? Councilwoman Jansen: Yeah. They combined everyone. Councilman Senn: I’ve got that here somewhere. Mayor Mancino: Now the one that I know about is. Councilman Senn: Here it is right here. rd Mayor Mancino: On Thursday, February 3. Is your’s the same as? Councilwoman Jansen: There you go, that one. th Councilman Senn: Oh no, this one’s different. This is Wednesday, February 16. rd Mayor Mancino: The one on the 3 is. 8 City Council Meeting – January 24, 2000 Councilwoman Jansen: With the legislators. Mayor Mancino: Yes. It’s Jesse Ventura has also been invited. It’s at the Sheraton Midway in St. Paul. Now at this one, Tinkleberg and Tom Workman are going to talk rd and Dean Johnson. That’s the one that I’m going to on the 3. Now I don’t know thth about the 16. Did we just get that? Councilman Senn. The one for the 16. Councilman Senn: Yeah, it was just in my mailbox today here. Mayor Mancino: Okay. Councilwoman Jansen: That’s the one I was thinking of. th Scott Botcher: I think the 16 one I brought up before because it was in the little, remember that little brown League thing I was whipping around that one day saying if you want to go, please talk to me. That might be the same. So is that the Republican Dean Johnson or is that the Democratic Dean Johnson? rd Councilman Senn: Both. So when is the meeting on the 3? What time? Mayor Mancino: Hold on, I think it’s all day. Councilman Senn: All day? Mayor Mancino: Yes. Councilman Senn: Never mind then. th Mayor Mancino: And when’s the one on the 16? th Councilman Senn: The 16 is at 10:00, what did I say, 10:30. Mayor Mancino: But that’s just an hour isn’t it? Councilman Senn: It is, hang on. It is 10:30 to 11:30. Yeah, that’s it. Mayor Mancino: And that’s just the Southwest Coalition, right? Councilman Senn: Well hang on. There’s more. That’s the Southwest Coalition meeting but that’s a pre-meeting to the Transportation Alliance Meeting which starts at 11:30 with lunch and a briefing and goes all the way til 8:00 p.m. Has dinner also. And that is let’s see here, Speaker is Roger Moe, Dick Day, Steve Swiggum, Tom Q. Let’s see here, Carol Flynn, Tom Workman, Carol Molnau, Ventura and Tinkleberg. 9 City Council Meeting – January 24, 2000 Mayor Mancino: That actually sounds like a good one to go to. Well they’re also, Tinkleberg. Councilwoman Jansen: You said that one’s upstairs? Mayor Mancino: Well this, well I don’t know. It was just in my box. It’s over in St. Paul at, hang on a second. Kelly Inn again. 11:30 lunch and briefing. Let’s see here. Begin pre-schedule legislative meetings at 1:30. Transportation rally at Capitol Rotunda at 4:00. 5:00 is a reception with cash bar. 5:45 is speakers and 6:15 dinner and entertainment and 8:00 close. Mayor Mancino: I just want to hear the speakers. Councilwoman Jansen: Thank you. Mayor Mancino: And if anybody wants to, you can certainly e-mail all of us and tell us rdth you’re going or something. I mean we can do that over the e-mail. The 3 or the 16. So we can kind of. rd Councilman Senn: If the 3’s an all day thing I will not be going. Mayor Mancino: Yeah, it is. And I think again that was something that Scott had passed out. Those are the only two things that I know about. Is there another one? Councilwoman Jansen: No, I think those are the two. rdth Mayor Mancino: Okay. I am signed up for the 3. I haven’t looked at the 16. Anybody else signed up? Councilwoman Jansen: Not yet. Mayor Mancino: Anything else? Mayor Mancino adjourned the City Council meeting at 6:55 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim 10