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CC 2017 06 12 CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 12, 2017 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, and Todd Hoffman PUBLIC PRESENT: Johnnie Meyering 1050 Homestead Lane Mayor Laufenburger: Thank you and I just want to extend a welcome to this council meeting. Those that are in the chamber with us this evening as well as those watching on Mediacom cable TV or through our website livestream service. Happy to have you here. Just for the record note that all members of the council are present this evening. First of all council members is there any modifications to the agenda this evening? There being none we’ll proceed with the agenda as printed. PUBLIC ANNOUNCEMENT: Mayor Laufenburger: First item of business tonight, we have a public announcement and it’s my pleasure to extend an invitation to everyone to the 2017 KleinBank Summer Concert Series presented by the City of Chanhassen in cooperation with KleinBank. Join us on Thursdays thth beginning this Thursday June 15 through August 10 at the City Center Park plaza. All concerts are free for everyone to enjoy and they feature music from a variety of genres. Most rd concerts begin at 7:00 p.m. however there is one concert that begins at 11:00 a.m. on August 3 and that is the Wonderful World of Woody at 11:00 a.m. to 12:00 noon concert for children so pack a picnic. Invite your family and friends out for some great outdoor music and we are very grateful for KleinBank. They are, KleinBank of Chanhassen and sponsored and it’s presented by the City of Chanhassen. Do we have, Chelsea do we have some of these at the front desk so if somebody wants to come by and pick up a magnet? Todd Gerhardt: Go to our website. Mayor Laufenburger: Go to our website, you can print this out if you’d like so you know, and the first one is this Thursday. It’s light rock with Howes, Butchart and Scott and I know some of those guys. You can really cut a rug to their music. Alright. Chanhassen City Council – June 12, 2017 CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated May 22, 2017 2. Receive Planning Commission Minutes dated May 16, 2017 3. Item Deleted. 4. Resolution #2017-37: Crimson Bay Road Connection to dogwood Road and TH 5 Intersection Improvements: Approve Resolution for Grant Application. 5. Approval of Contract: Update Downtown Vision Plan. 6. Resolution #2017-38: Approve Resolution Supporting Change of Boundary Between Carver County Watershed Management Organization, Minnehaha Creek Watershed District, and Riley Purgatory Bluff Creek Watershed District. 7. Award of Quote: Bandimere Community Park and Lake Susan Community Park Entry Signs. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Mayor Laufenburger: At this time anyone wishing to address the council on a matter that is not on the agenda this evening is welcome to come to the podium stating your name and your address for the record and the council is prepared to hear what you have to say. Anybody with us this evening? Johnnie Meyering: Yes. Mayor Laufenburger: Alright. Would you just step up to the podium and state your name and your address please. Johnnie Meyering: My name is Johnnie Meyering. I live at 1050 Homestead Lane, Chanhassen. Mayor Laufenburger: 1050 Homestead. Johnnie Meyering: Right. 2 Chanhassen City Council – June 12, 2017 Mayor Laufenburger: And it’s Mr. Meyery? Johnnie Meyering: Meyering. Mayor Laufenburger: Alright, Meyering. Nice to have you with us. State your, what you’d like to say Mr. Meyering. Johnnie Meyering: I went to the engineering department a few times and up to the City Hall here and we’re trying to, I’m trying to fix a problem I have. The problem I have is, I have 2 ½ acres and I have 15 foot easement off the road, just like you know. Mayor Laufenburger: Right. Johnnie Meyering: And my neighbor across the street has 16 feet but he doesn’t, the people on the south side of us down their stretch has nice green grass and everything and I have tried to put green grass there for 25 years but everybody uses it as parking lots and drive around and spin around’s. Now I’ve got a new neighbor that’s been there a couple years. He doesn’t want to park his parties and everything he has over. He parks on my side and they just, they don’t want to drive out nice but they just do donuts in these nice Jeeps making the shoulder look terrible. Mayor Laufenburger: This is on your property? Johnnie Meyering: It’s on my, well it’s on the roadway. It’s on my property but it’s on the roadway so everybody has a right. Mayor Laufenburger: So it’s in the City right-of-way is that correct? Johnnie Meyering: It’s a City right-of-way. Mayor Laufenburger: Okay. Johnnie Meyering: It’s common sense to, for neighbors wouldn’t you just like to park on your own side? They tried to park on their side because they were mad at me and I didn’t want them parking there but when they started parking on his grass they didn’t, it started looking bad so he’s just park on the other side so, and anytime they come and park on their side they park on the road and they use my side to park on there and make it look like a mess. And if it’s rained and it’s there and they have a party it just tears it to pieces. Makes spin out’s and it looks terrible so I’m trying to figure out what I can do there and there’s just a couple options and one of them coming to you people and seeing what we can do. The engineering department asked me to come down and see if I could get permission to have the City put a few no parking signs and maybe it would change it where he’d park on his own side and make a mess on his own side instead of my side. And if I couldn’t get that done the only option is, the engineering department said, well then it’s a right-of-way to park on it but he wants to make a mess on your side why 3 Chanhassen City Council – June 12, 2017 don’t you just drive on his side and if you drive on it every time you go out and you’ve got 16 feet, you could take 8 feet of it and start tearing it and make it look like a pig pen, maybe you would get a little common sense but. Mayor Laufenburger: That doesn’t sound like something. Johnnie Meyering: But two wrongs don’t make a right. Mayor Laufenburger: Yeah, that doesn’t sound like something that you would like to do Mr. Meyering. Johnnie Meyering: No I would not like to do it. Mayor Laufenburger: Okay. Johnnie Meyering: I’ve had neighbors, I bought, my kids put bird baths out and they get them broke and they put, I’ve had my son last year driving his car to learn how to drive, somebody, we left it outside and somebody came and went all 4 wheels cut the brake lines and bent them up and I don’t think there’s anybody outside the neighborhood that would come and just do that on 4 wheels on my car when the car was a 1990. It was the only car that was in good shape and my son took off and he had to drive it into the ditch because the brake lines were wrecked so it just things that people have been doing to there and I’m just kind of tired of it. Out of all these years and I just want to fix this problem because every time I drive down Homestead and my shoulder looks terrible in the summer time and I just would like to fix it. Mayor Laufenburger: Now Homestead is off of Pioneer Trail down in the southern part of Chan, is that correct? Johnnie Meyering: Yeah. Mayor Laufenburger: And you’ve lived there how long Mr. Meyering? Johnnie Meyering: 25 years. Long time. Mayor Laufenburger: How long has this particular issue been surfacing for you? Johnnie Meyering: Oh basically of all the other years it’s not been so bad. The other neighbors knew it was dry and they kind of park on it or hardly ever but out of this new neighbor that, just take for example. He has a little boat and a pickup. Instead of just trying to be nice he just hooks up his truck. Doesn’t park on his yard. Comes and parks it on my yard and just leaves it for a day. Just so he can see if he can get you mad and whatever and he pulls out and makes a deal and then he comes and actually puts it back over there again. When he has a whole yard to 4 Chanhassen City Council – June 12, 2017 his self. He’s got 2 ½ acres. Why does he go and drive it over to my side? Just to spite to get the neighbors to hate me. Mayor Laufenburger: Well has, have you talked to this new neighbor? Johnnie Meyering: Yeah. Mayor Laufenburger: Or have you tried to talk? Johnnie Meyering: …talk to it because what happened is we can’t talk anymore to him because when he first moved in, I’ll give you a really quick story but it won’t take long. Mayor Laufenburger: Okay. Johnnie Meyering: When he first moved in my daughter sold cakes and stuff for the school. She was top sales for like 3 years. Sold thousands of dollars worth of stuff. We sold to them right when they moved in. They got a stray dog and my daughter sold to him and my wife went with her and when they delivered them over to their house, he didn’t want to watch the dog and the dog came in from the back. He didn’t call it. Before they got off his yard they bit them in, my wife in the leg and my daughter in the leg. The cops got caught, got bit. The UPS guys got bit and everybody else but so I called about 2 days later up to the City and asked what really I should do and I, should I take my wife and daughter to the doctor? And then I says I’m not, I don’t want to make a complaint out or nothing. Mayor Laufenburger: Right. Johnnie Meyering: I just would like to know what I should do. Well the City said oh that’s a complaint right away right when you said it so they had to go out there and talk to him and he was all worried about he was going to lose his dog and they came over and had an argument with me on my, when I was mowing the lawn. They darn near tore me off my lawnmower and ever since then we don’t talk. Mayor Laufenburger: So harmony has clearly been interrupted here Mr. Meyering, is that correct? Johnnie Meyering: Yes. Mayor Laufenburger: Okay. Johnnie Meyering: So I just got to deal with it the best I can but when it’s muddy and he makes a mess all last year and it’s just, it’s time to fix the problem. 5 Chanhassen City Council – June 12, 2017 Mayor Laufenburger: So I’m just going to ask you to stand there for just a moment. Mr. Oehme, Mr. Gerhardt, is there anything that we as a city can do to help Mr. Meyering somehow influence people away from using the right-of-way on his side of the street. Is there anything that we can do? Todd Gerhardt: Well I can have Paul talk about the no parking. You know we, Homestead Lane is a rural subdivision. They’re minimum 2 ½ acre lots. They’re rural lots. They’re all on septic and well and the road is a paved surface with no curb or gutter and so you have probably close to anywhere from 2 feet to 15 feet of shoulder depending on where you are on that section of Homestead. Johnnie Meyering: The street just got redone a few years ago and the street is 30 feet wide. Then you’ve got 16 feet on most sides and 15 feet pretty close on the other side. Todd Gerhardt: Yep. And so I think you know, we don’t like to get in the practice of just putting up no parking signs in front of individual homes because somebody doesn’t want somebody to park there. Usually you have it for safety purposes. That fire trucks and people can come and go as they want, and especially in a rural subdivision. You don’t have a lot of traffic up in and around that area. Johnnie Meyering: No we don’t. Todd Gerhardt: So the only thing coming to my mind is that somehow that we may be able to pave a shoulder or something or use some type of, what is it crushed blacktop as a shoulder along that section of road. Johnnie Meyering: To put the shoulder, put an extra lane on my side, what’s going to look like? That’s going to look like heck. It’s going to look… Mayor Laufenburger: Well it may also may be an invitation. Johnnie Meyering: Take for example, we have a curve there. I live on the curve. I quietly, we had garbage trucks and they take around the corner and they take 6 feet off of there and it’s muddy. They dig it up this high. I called them in a nice way I called the garbage trucks and every one of them came and looked. It was nicely. They came and looked and they wrote me a letter. Called me and said we see your point and we’ll tell the garbage trucks not to drive there and make a mess. Little common sense. That’s all I’ve asked but it just kind of doesn’t work so to make a shoulder over there to make it look nice, I bought out there 25 years ago. I’ve watched, went through all the rules of Chanhassen. A lot of rules I didn’t like. Thought I’d like to have an extra driveway to get my motorhome in and I have to back it in, back it in, back it in but I went by the City rules. I hear always, I even told a couple of the other neighbors I’ve never picked on anybody. Never wrecked any of the yards or anything. I tried to be a nice neighbor. I’m just trying to get one back but that’s the way it goes. 6 Chanhassen City Council – June 12, 2017 Todd Gerhardt: Yeah. Paul any other suggestions than what I laid out? Paul Oehme: Well there’s, Mayor and City Council members, there’s really not an engineering problem here so, that I can think of so really there’s really not an engineering solution that really can be implemented so I mean in these type of situations what we’ve dealt with in the past is we try to, staff has tried to work with the neighbors and try to at least talk to them and see if we can come to a common understanding of what can, what you know you’re seeing and what his needs are so I mean I would like to try to mitigate, or try to mediate some of this a little bit and try to visit with maybe your neighbors and see what we can do. Johnnie Meyering: You can try. Paul Oehme: That would be my suggestion for a first step and then escalate it from there if we need to but. Johnnie Meyering: But there is, if the bottom line goes down the bottom line and I can’t do anything about it. Yeah putting those road signs out there. I have option B and option B is the one, eye for an eye, tooth for a tooth where he makes a mess of mine. I’ll wait til he makes less and less and I have lots of friends. I have lots of friends with deals. We can go park all the vehicles over and have a party too and his nice green grass won’t be green after a while so, but that’s two wrongs don’t make a right and I always got taught never ever do anything bad to your neighbors or anybody. I lived in a small town. Paul Oehme: Sure. Johnnie Meyering: So. Mayor Laufenburger: So Mr. Meyering I would say, I have an appreciation for what you’re experiencing. Johnnie Meyering: But it sounds like I won’t get a road sign. Mayor Laufenburger: Yeah as Mr. Oehme says this isn’t necessarily a situation that can be governed by either city ordinances or police action of any sort. This is a, this is an action or this is a situation that will probably can only be remedied from some type of mutual agreement or respect between neighbors and those are often. Johnnie Meyering: The tough ones. Mayor Laufenburger: Those are often the hardest ones. You know I’ve said from this microphone in the past, I wish we could legislate harmony but we just can’t do that. That’s a 7 Chanhassen City Council – June 12, 2017 product of attitude that people have about their neighbors and you know your incident about the dog that might have been the incident that set him off the wrong way unfortunately. Johnnie Meyering: Yeah. Mayor Laufenburger: I say him. Him or her. Johnnie Meyering: I just explain to him as and he argued with my wife and I said we didn’t try to get you into no trouble. I says I could have went to the emergency room with 2 people and it would have been a couple thousand dollars just to sign your name so I’m not being, trying to be mean or nothing. It’s just that’s the way it goes. I have option C that doesn’t belong to the City and I found out from my lawyer and everything, I have heart trouble. Serious heart trouble. I could die tomorrow and if I went in front of a judge and said I can’t take him picking on me all the time, I want a restraining order where he can’t touch my property anymore and have him leave me alone. I don’t think the judge would refuse me. Mayor Laufenburger: But just to clarify, it’s not the, it’s the right-of-way that he’s eating up or is he actually coming onto your property beyond the right-of-way? Johnnie Meyering: No it’s all an easement and I always got told for all these years that he could drive on the blacktop but not on the easement. Now it changed. Now I got told different just this morning so he has a right to go park on. I can’t stop it. Mayor Laufenburger: Right. Johnnie Meyering: He can park on it but once it gets to a mess, into a mess what do you do? Do I just leave it? If I leave it I’ve got to keep on mowing it. I can’t let it get over 6 inches and that’s what the city code is. I have to maintain it but I try to maintain it, if you see my property I have a really nice property. I have a beautiful property. Beautiful spot. I keep it up all the time and. Mayor Laufenburger: So are you, when we turn north onto Homestead from Pioneer Trail, are you on the left side of Homestead? Johnnie Meyering: I’m on the right side on the inside curve. Mayor Laufenburger: Oh so you’re. Johnnie Meyering: I’m on the inside curve. I have the curve. Todd Gerhardt: People will cut the curve when they’re… 8 Chanhassen City Council – June 12, 2017 Johnnie Meyering: They’ll cut the curve. You know nothing you can do about it. It isn’t that, I’ve dealt with it and most of the people don’t even cut the curve anymore except the trucks and we have no problem. They’ve understood and they called me and they understood and not one truck is wrecking the shoulder before. We had really deep on the shoulder where the garbage trucks, the other few weeks ago and they came out and they go wow, that’s kind of maddening. Now he’s got to fill it in. One of the City’s people came out and saw it one day and they helped me fill it in. Mayor Laufenburger: So Mr. Meyering this is what I’m going to ask. I’m going to ask the City Manager, Mr. Gerhardt to have a conversation with your neighbor just to see if we can do something to improve the harmony. Again this is, this falls outside of ordinances or a police matter. Johnnie Meyering: Yeah I understand. Mayor Laufenburger: But let’s see if we can do something to promote harmony, or at least an improvement to maybe, maybe to the point of neutrality okay. Johnnie Meyering: Well I give you one last chance. What a person he is. Person he is is, he likes to keep his yard really nice so imagine this is his house. This is the street. Mayor Laufenburger: Yep. Johnnie Meyering: Here’s my yard over here. He’ll mow his yard and blow all, everything this way til he gets to the street. Blows it all in the street. Then mows the street up and down so it’s all over in my shoulder and the leaves, the branches in the fall are 2 feet deep on the road. That’s the person that you’re going to have to deal with so I just telling you I tried my best. I’m laughing at it sometimes. Mayor Laufenburger: Well I’m glad you can keep. Johnnie Meyering: Maybe I’ll go 6 feet under laughing. Mayor Laufenburger: Maybe your humor can begin to serve you. Mr. Meyering thank you very much for your. Johnnie Meyering: Thank you for all the time. I hope I didn’t hold up too much of your time. Mayor Laufenburger: No you did just fine, thank you Mr. Meyering. Johnnie Meyering: Well thank you very much. Overworked. 9 Chanhassen City Council – June 12, 2017 Mayor Laufenburger: Is there anybody else that would like to speak during visitor presentations? Alright there being none then we will close visitor presentation. We did have one item of new business on the agenda and that item was canceled or postponed at the last minute. Todd Gerhardt: Requested by the developer to table it. Mayor Laufenburger: Okay, alright. So the developer requested to table that item related to a development in Chanhassen. COUNCIL PRESENTATIONS. Mayor Laufenburger: So with that I will open it up for any council presentations. Well I just want to have one. It’s baseball season and yes ladies and gentlemen the Chanhassen Red Birds are in business and my oh my they are a formable team so I would just, I happen to see them play in a tournament this weekend down in Belle Plain and this is the second tournament in a row that they took home the hardware for winning the tournament so amateur baseball is alive and well in Chanhassen and if you have an opportunity to get out to see the Chanhassen Red Birds play at the local Chanhassen High School Storm/Red Bird Stadium I would encourage that. And I know that there’s a community day coming up if I’m not mistaken, is that correct? th Todd Gerhardt: June 29. th Todd Hoffman: June 29. th Mayor Laufenburger: Is it June 29. Todd Hoffman: City Council and commissions, the fire department, all employees welcomed. Mayor Laufenburger: And next Sunday is going to be the famous border battle with our nemesis the Chaska Cubs so next Sunday at 6:00. Not the Vic’s but. Councilman Campion: Just during that community day, what’s the celebrity that we have…? Mayor Laufenburger: Oh I understand that they’ve brought, they’ve picked a celebrity to throw out the first pitch. Todd Gerhardt: If he’s not drafted. Mayor Laufenburger: Oh he could be drafted before then? Todd Gerhardt: Yeah. 10 Chanhassen City Council – June 12, 2017 Mayor Laufenburger: Well I think he throws a pretty, he’s got a pretty good pitch. Pretty good pitch. And his wife has got immaculate pitch. She is a wonderful… We are speaking about none other than Councilman Jerry McDonald who will be throwing out that first pitch. Councilman McDonald: Thanks for all the compliments. Mayor Laufenburger: You’re welcome. Councilman McDonald: Setting the bar high. Mayor Laufenburger: Enough of this frivolity here. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt anything administratively? Todd Gerhardt: A couple of things. I was stopped by my neighbor down the street and he says what’s all that activity going on over there by Galpin and Lake Lucy and not everybody is aware of our west water treatment plant and what you’re seeing right now is the base construction, the footings and foundation for the water treatment plant and, but you’re also seeing a lot of activity going on on Galpin Trail. You’re seeing these great big long black pipes and that’s what we call raw water lines. And it’s new technology that they’ve had for oh going on probably 10 to 15 years but what they do is they don’t open trench anymore. They call it directionally boring and we have a well at. Mayor Laufenburger: Galpin and Longacres or? Todd Gerhardt: Next to Prince’s property. There’s a well house there and then Todd what’s the park? Todd Hoffman: Pheasant Hill Park. Todd Gerhardt: Nope. The other one down the road. Todd Hoffman: Sugarbush. Todd Gerhardt: Sugarbush Park which is down close to Kwik Trip and you don’t see a house there. That water is brought to the well house at Prince’s entrance to his old home and that’s where we add chlorine and fluoride to the water coming out of that well. Well ultimately we can eliminate the fluoride and chlorine at that well house and that will all be done at the west water treatment plant so what you’re seeing is a directionally bored line that will go to the water treatment plant so we call that raw water and that’s where it will get it’s chlorine and fluoride. You also see the pipe going north of Lake Lucy and then go oh maybe a quarter mile up and then 11 Chanhassen City Council – June 12, 2017 it’s going to go over to the Pheasant Hill Park where we also have a well house that was just constructed and we’ll be bringing raw water from the Pheasant Hill Park well site over to the west water treatment plant so a lot of activity going on in that area so a lot of people had questions and concerns you know that I knew they were going to build this but how come they’re digging up all these pipes and installing these pipes so that’s what’s going on over there. Mayor Laufenburger: So all of this is really in anticipation of the west water treatment plant coming online in about a little less than a year, is that correct Mr. Oehme? Paul Oehme: Yes. Mayor Laufenburger: April of 2018. Paul Oehme: 2018. Mayor Laufenburger: Is that right? Okay, very well. Councilwoman Ryan: Do you have any idea of when the trail along Galpin will be reopened? Paul Oehme: So the pipes currently being directional bored on Galpin south of Lake Lucy Road, that should be done in the next 3 weeks and then north, they’ll transition to the north after that so in most of, all the pipes north of Lake Lucy Road will be on the east side so it won’t impact the trail on the west side on Galpin so. Councilwoman Ryan: And will the trail be shut down on Lake Lucy then? Paul Oehme: No. We shouldn’t have that impacted so that trail section should be open so hopefully in 3 weeks we should be more or less out of there. Councilwoman Ryan: Okay great, thanks. Mayor Laufenburger: Good. Todd Gerhardt: And I wanted to give you a quick update on Avienda. Last Tuesday Avienda, which is the regional shopping center development off of Powers and Lyman, that development was at the Planning Commission. Public hearing was held at that time and I believe it was closed at Tuesday’s meeting but the Planning Commission still had some additional questions. There were still some unanswered questions regarding the treed area. Some of the uses. Stormwater management. Road widths going on the frontage road of Bluff Creek Boulevard so with so many questions being unanswered the Planning Commission voted to table that for 2 weeks and then hopefully Kate can get those questions answered between now and your June. 12 Chanhassen City Council – June 12, 2017 Kate Aanenson: The packet goes out, would go out Wednesday so we had an hour and a half conference call today. We’re still trying to get that so it can go out on the Wednesday packet for th the June 20 meeting. th Todd Gerhardt: June 20 meeting, okay. Kate Aanenson: Yep. Todd Gerhardt: And so council would not see Avienda until your first meeting in July. And so that’s moving along. Great comments from the residents. Good questions asked and I would call it a very positive meeting but still a lot of questions unanswered. Not surprising with a development of that size. And the last one I keep getting questions on is when is Chick-fil-A going to open. Mayor Laufenburger: It is going to open isn’t it? th Todd Gerhardt: I think so if weather permitting. Definitely before July 4 and as early as June th 29 is the range I was given so they’re getting close. They’re finishing up the landscaping, irrigation and hiring and training. It’s extensive training that they do put their employees through so, so watch the newspaper. I think they’ll have a grand opening date in the paper. Chanhassen Villager announcing the specific date and so but they’re moving along nicely there. I think that’s all I have. Mayor Laufenburger: Alright, any questions for Mr. Gerhardt? Alright. I’d entertain a motion for adjournment? Councilwoman Tjornhom: So moved, Councilman McDonald: Second. Mayor Laufenburger: Thank you. And before we vote on that just a reminder that the council is reconvening in the Fountain Conference Room to continue our work session. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:40 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 13