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CC SUM 2021 07 26CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES JULY 26, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert, and Councilman McDonald. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Charlie Howley, Director of Public Works/City Engineer; Don Johnson, Fire Chief; Lance Pearce, Police Lieutenant; and Andrea McDowell-Poehler, City Attorney. PUBLIC PRESENT: Balakrishna Chintaginjala 8982 SouthWest Village Loop, Chanhassen Jack and Paula Atkins 220 West 78th Street, Chanhassen Tim Litfin 749 Old Beach Lane, Waconia Todd Degler 112131 Haering Lane, Chaska Ellen Degler and Gayle Degler 9111 Audubon Road, Chanhassen Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated July 12, 2021 2. Receive Planning Commission Minutes dated July 6, 2021 3. Receive Environmental Commission Minutes dated June 9, 2021 4. Receive Economic Development Commission Minutes dated June 8, 2021 5. Approve Claims Paid 07-26-2021 6. Authorize 2021 Fleet Purchases 7. Approve Temporary On-Sale Liquor License, Chanhassen Rotary Club, Chanhassen Car Show Parade on September 6, 2021 City Council Minutes – July 26, 2021 2 8. Approve Change Orders 1 through 12 to the Construction Contract with Lametti & Sons for Project No. 20-02 9. Approve 2021 Recording Secretary Service Agreement with Timesaver Off Site Secretarial, Inc. 10. Resolution 2021-37: Supporting Changes to FCC Regulations 11. Resolution 2021-38: Approve MN DNR Grant Resolution for Tree Removal and Planting 12. Resolution 2021-39: Approve Public Streets & Utilities in West Park and West Park 2nd Addition 13. Resolution 2021-40: Approve Scanning Services Contract 14. Resolution 2021-41: Supporting Highway 7 and Eureka Road Improvements 15. Resolution 2021-42: Accept Donation of $500 from Balakrishna Chintaginjala 16. Ordinance 673: Amend Chapter 4, Fees, Correcting Top Tier Commercial Water Utility Rates All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan wants to publicly acknowledge and thank Balakrishna Chintaginjala who was a member of the Environmental Commission as well as the Park Advisory Committee and made a donation of $500. VISITOR PRESENTATIONS. Mayor Ryan thanked all of the Fire Department and Sheriff’s Department for their service. She said the last couple of months there have been some tragic deaths that have impacted this community, some close to home, and some here tonight have been on those calls. Mayor Ryan knows that they are all impacted whether they are on those calls or not, and that it deeply affects their brothers and sisters in uniform in and around Chanhassen. She stated their jobs are not easy and the emotional toll it takes on each and every one of them is real; clearly she is emotional tonight thinking about the loss of life and the unspeakable new reality for these families. At the same time, she wants all of them to know that she is filled with admiration and appreciation for all of the work that each one of them does and she respects all of them. 1. Official Swearing In of (2) Fire Captains Fire Chief Johnson invited Captain Cody Pribble and Captain Alyssa Ulrich forward to be formally sworn in as Captains on the Chanhassen Fire Department. Mayor Ryan led Captain Pribble and Captain Ulrich in the Oath of Office; Captain Pribble was pinned by his wife and Captain Ulrich was pinned by her fiancé. City Council Minutes – July 26, 2021 3 2. Recognize Retired Firefighter Jack Atkins for 30 Years of Service Fire Chief Johnson asked Jack Atkins to approach the podium. Mayor Ryan read Mr. Atkins’ history in Chanhassen aloud in the Chambers and thanked Paula and the rest of the Atkins family for sharing Mr. Atkins with the City for over 30 years. Mayor Ryan said Mr. Atkins’ experience, dedication, work ethic, and sense of humor will be greatly missed around the department and Chanhassen, and stated on behalf of City Council and all of the grateful residents he has served over the past 30 years: Thank you and Congratulations on your much-deserved retirement! Fire Chief Johnson also recognized Mr. Atkins’ humor and work ethic, noting he set a great example for everyone and he was always there for them. The Fire Department presented the Atkins family with some gifts including flowers, his badge, and his helmet. The Relief Association also thanked Mr. Atkins and presented him with an axe for his service with the City. Mr. Atkins is incredibly proud of this organization and is incredibly proud of everyone on the team. Mrs. Atkins read a letter aloud that she wrote on June 29, 2014 to the editor of the Star Tribune but did not send, honoring her husband and his service over the many years he has served. 3. Tour de Tonka 2021 - Tim Litfin, Minnetonka Community Education Mr. Litfin said Tour de Tonka is around the corner and gave kudos to the wonderful Fire Department as they help every year with the Tour de Tonka. He gave a presentation onscreen noting they are doing well with advance registration and people are excited for the 16th Annual Tour de Tonka. He thanked 2021 major sponsors and spoke about registration history, counties and states with riders, and volunteers over the years for this all-ages event. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. 1. Fire Department Update Chief Johnson noted the department responded to 91 calls for service, and it was a busy month for fires as they only had 47 rescue responses with 6 motor vehicle accidents. They had 6 fire responses, including the major loss fire on Lake Susan Hills Drive, a cooking fire, a portable toilet fire, a construction dumpster fire, and a grass fire. He noted they are running close to the numbers from the previous year. He shared updates from the 4th of July Celebration and the Fire Department presence there. City Council Minutes – July 26, 2021 4 2. Law Enforcement Update Lieutenant Pearce presented that in June they had 767 patrol activity ICR’s for the month, 3 felony assaults, 30 fraud and theft complaints, and 7 drug offenses. For non-criminal offenses, medical and suspicious activity topped the list which is typical. They had 26 driving complaints, 144 traffic stops, 33 crashes, wrote 53 citations, and had 3 DUIs as a result. Domestics in the month of June are static; however, they had 4 domestic arrests over the past weekend. Mental health numbers are relatively consistent to previous months. Fraud and theft complaints are up a bit from previous years and they are tracking all of those numbers. He reported at the end of June the investigations unit along with collaboration from State agencies attempted an internet underage sex sting in the City of Chanhassen that resulted in no arrests. 4th of July activity resulted in a minimal amount of calls for service with no major medical or criminal calls for service. He updated the City Council on crimes of opportunity involving unlocked cars, fatal car accidents in the County, and urged citizens to slow down and obey the traffic laws as most of the crashes are attributed to speed and distracted driving. Lieutenant Pearce also noted on Saturday the Sheriff’s Department responded to a rescue call at Lake Minnewashta and unfortunately the missing 13-year-old victim was located about three hours later deceased in the lake. The Sherriff’s office would like to thank the Chanhassen Fire Department and all of the other fire and State agencies for their assistance on this call. This was a large scene and he truly appreciates everyone’s efforts. He updated the City Council on body-worn cameras, training, and full rollout by the end of the year. Councilwoman Schubert was talking to some Eden Prairie police regarding drones and they said that Chanhassen/Carver County Sheriffs are open to being called to use their drones. She asked what would trigger the City to all Eden Prairie and ask for drone use? Lieutenant Pearce noted Eden Prairie is one of several surrounding agencies that have drones that the City has access to; they had a drone out on Saturday and there are a number of different situations where they can utilize that tool, for example, if they need to look for someone. Mayor Ryan asked to hear more about the sting operation. Lieutenant Pearce said they collaborated with the Bureau of Criminal Apprehension (BCA) and a number of different entities on an underage internet sex sting; these would involve people trying to invite underage people to participate. Mayor Ryan asked regarding the body cam rollout. Lieutenant Pearce noted they will be doing a “train the trainer” event in September and the rest of the deputies will be trained in October; they should have a full rollout by the end of the year. Everyone working patrol will have body cams by the end of the year. City Council Minutes – July 26, 2021 5 Mayor Ryan said there seems to be heightened concern in the area for things that have been happening, some break-ins, and what happened at Target. She knows most of these are crimes of opportunity and she asked if this is different from years past. Lieutenant Pearce said there is a definite increase in the number of crimes they are seeing compared to previous months. He will have to do a comparison to see if overall there is an increase although he has a feeling they are increased. He does not think there has been a huge spike but noted the last three weeks have been extremely busy for Chanhassen and the County. He clarified there are a group of individuals that are coming to different communities to do these crimes and traveling from community to community, and it is a limited number of people. OLD BUSINESS 1. Resolution 2021-43: Award Consultant Contract for Facilities Planning Study Mr. Howley gave a presentation and noted awarding this contract has supported many of the strategic priorities including asset management, financial sustainability, and operational excellence. He summarized the history of budget and a study added to the Capital Improvement Plan in the fall of 2020, the strategic plan and priorities, a request for proposals (of which they received nine), reviewed the proposals and performed oral interviews as a team. The consultant that the team is recommending is Snow Kreilich Architects based out of Minneapolis and he showed the core team on screen. He walked through Snow Kreichlich’s work plan including an existing conditions summary, projection of space needs over 5, 10 and 20 years, and outlining opportunities including City scale, property scale, and building scale. They will use a good, better, best approach in their recommendations. Councilman Campion moved, Councilman McDonald seconded that the City Council authorizes entering into a contact with Snow Kreilich Architects for a Not-to-Exceed Fee of $39,500 for completing a Facilities Planning Study. All voted in favor and the motion carried unanimously with a vote of 5 to 0. NEW BUSINESS 1. Ordinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define "Agritainment"/"Agritourism"; Create Standards and Criteria for an Agritainment Use as an Interim Use; Allow Agritainment Uses as an Interim Use in the Agricultural Estate District; and Approve an Interim Use Permit for an Agritainment Use on Property Located at 9111 Audubon Road Ms. Aanenson presented and said the City Council may recall that Todd Degler approached them under visitor presentation and action requests saying they were interested in moving forward with using their property in an entertainment/agricultural opportunity. City Council asked them to work with Staff and this is a result of that process. The item appeared before the Planning City Council Minutes – July 26, 2021 6 Commission on July 6; part of the goal was defining Agritainment, use standards for interim use, and reviewing the interim use permit (IUP) against this application. The property is zoned as A-2 but is also guided for Office Industrial, has municipal services to it, and is surrounded by the Bluff Creek Primary Zone. Tonight the City Council will review an ordinance amending City Code for defining Agritainment, review standards for interim use, and adding Agritainment as an interim use in the A-2 District. Ms. Aanenson walked through other interim or conditional uses on properties in the City, including the Mustard Seed, Golf Zone, Hagen Lawn and Landscape, and Paisley Park. The definition of Agritainment events include hay rides, corn maze, hay maze, petting zoo, farm animals, produce picking, historical farm tours, and normal farm activities and demonstrations. Many other things were included by the Deglers and the City is trying to separate that from the agricultural and educational part of it because there is no lighting up there and with the overlay district they were concerned about where they are going with this. She stated the City is trying to make sure they can manage the activities there and if it grew and was successful they could measure, as with other projects. Staff then put together standards that were applied. Ms. Aanenson walked the City Council through potential plans on screen, parking rotations, and noted at the Planning Commission it was a 3-2 vote. Staff is recommending approval with the modifications given. Councilman McDonald read through the original definition and noted things were stricken out such as a zipline and sleigh rides. Does that mean if someone wanted to do something like that they would need to come back to City Council and they would need to look at a modification? Ms. Aanenson thinks what they were trying to do under the broader categories of activities including hay rides, corn mazes, etc., could be interpreted in some of those. She clarified they went over axe throwing to cross country skiing to bike riding. If it relates to the agricultural education part of it, some hay rides are part of the entertainment. Councilman McDonald noted if it does not fit then someone would have to come back to Staff or City Council and ask for an inclusion of whatever the activity was. Ms. Aanenson replied they are inserting the words “Events and activities may include the following” which may make it broader but she leaves it up to the City Attorney to agree with that. City Attorney McDowell-Poehler noted it would require an amendment if Staff felt that it was not consistent with the ongoing agricultural use. At that point they would come in and ask for an amendment to the zoning ordinance and the Interim Use Permit (IUP). Councilwoman Rehm said under 19 it says if there is a question as to whether or not a use meets the definition, the Community Development Director shall make that interpretation. Ms. Aanenson replied that was removed as they felt it belonged at the City Council level. City Council Minutes – July 26, 2021 7 Councilwoman Rehm asked how a business decides hours, noting she looked at Severs in Shakopee and their hours were different depending on the day but the latest they were open on a Saturday is 8:00 p.m. She did not see any businesses like this that were open until 9:00 p.m. and she saw a letter from a neighbor who was concerned about families putting their children to bed and whether it would be an issue with the noise. Ms. Aanenson said they have done sunrise to sunset in the summer as obviously it is lighter out. If the Applicant was doing sleigh rides in the winter time there would probably be shorter hours. If the City Council wants to adjust that they may want to talk to the Applicant. Mayor Ryan asked if lights are not allowed. Ms. Aanenson said there are lights on the structures, barn, and the like but Ms. Aanenson is not sure how far out they go into the fields. Mayor Ryan asked in terms of the parking lot, there are areas identified as parking lots and she asked if it is a requirement or recommendation that they be clearly articulated for traffic movement, and they do not need to be paved. Ms. Aanenson noted this is the first IUP that is not really defined. Hagen Lawn and Landscape has gravel surface and everyone else has a striped, paved lot. The Applicant wants to be able to move this around as they want to rotate crops; she said that will be their challenge to make sure they are providing a safe in and out because the Fire Marshal will want that also. Mayor Ryan said this is obviously an exciting opportunity and her concern is if the site plan has more to do with managing parking, traffic control and building placement. Ms. Aanenson replied that is correct, and making sure there are accessible porta potties, and clear access in and out of the property for emergency purposes. Mayor Ryan asked if there is an accountability piece. Ms. Aanenson replied yes. Todd Degler, Ellen Degler, and Gayle Degler, gave a presentation on screen. Todd Degler gave a brief history of the farm and noted many in the family are teachers and education is a huge component of what they do. The Applicant’s goals are to educate the community, share their local outdoors with the public, provide a family-oriented experience, maintain a commercially sustainable business by growing outside the traditional dairy and horticulture operation, and have fun. He noted he walked away from the Planning Commission wondering how to balance the dilemma between a small business wanting to innovate and expand and having ordinances within the City that are specific enough to control and regulate. City Council Minutes – July 26, 2021 8 Mr. Degler walked the City Council through some things he would like to change. He noted they were trying to define the wrong word and said Agritourism is what the Deglers want to do and is what they were trying to design, and they were coming up with something very close to Agritourism but were calling it Agritainment. Minnesota Statute 604A-4 defines Agritourism which means “activity carried out on a farm or ranch that allows organizations or members of the general public, for recreational, entertainment, charitable, or educational purposes, to view, enjoy, or participate in rural activities including, but not limited to: farming; viticulture; winemaking; ranching; and historical, cultural, farm stay, gleaning, harvest-your-own, or natural activities and attractions. An activity is an Agritourism activity whether or not the participant pays to participate in the activity. Mr. Degler noted many family farms over the last 40 years are shrinking and many farms are looking for other ways to generate revenue outside of the traditional corn and soybeans commodity markets by opening up their land to do these new activities, and these may include recreational, entertainment, and educational activities. Mr. Degler offered a definition of Agritourism and suggested adding back the specific activities of what is allowed, as well as agreeing to a five-year review to determine adjustments if the application fees are waived on renewal if no changes are necessary. He presented other proposed changes to the zoning ordinance amendment such as selling merchandise with the farm logo, and changes to the IUP including changing the term from Agritainment to Agritourism and the termination date. Mayor Ryan suggested this item is tabled as she thinks there is still some work to be done between the Applicant and Staff regarding the proposed changes. She also thinks it is very important to have the City Attorney look at the language and how it applies; it puts City Council in a challenging situation to navigate through these slides and make that interpretation without having the appropriate people look through the recommendations as there are a lot of great ones. She noted it is a big change from what the City Council read and prepared for in the packet and she does not want to set them up to agree to something they may or may not totally understand. Councilman McDonald seconded and noted this is a little too much to take on today. He is not opposed to the changes but would like to see a final ordinance. He feels Staff should work with the Applicant to adopt more of what they have brought in today. He thinks everyone needs some time to go through this. Councilman Campion agrees and said he would like to give Staff time to review the changes. He asked if there are certain permissions needed for this fall. Mr. Degler stated their opening date is Friday, September 17, 2021 and they would do the same as the previous year. There are some parts of the ordinance such as parking that they can work with. Mayor Ryan encouraged the Applicant to work with Staff and said the primary concern is the traffic and parking component. She noted a site plan helps the City Council to prepare and Staff to make a recommendation. City Council Minutes – July 26, 2021 9 Councilman McDonald moved, Councilman Campion seconded to table the agenda item to give the Applicant and Staff time to put together something that brings together more of a vision in common. He proposed it be ready for City Council to review and vote upon at the August 9, 2021 meeting or the August 23, 2021 meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Ryan thanked Ms. Hokkanen, Mr. Foster, and all of City Staff for the previous week sharing the strategic plan with all of the City Staff. She noted there has been some frustration amongst residents about access to watch the Olympics because of the ongoing negotiations between Tegna and Kare 11. Residents have asked the City to step in and she noted they approved a resolution tonight that they will send to State and Federal elected officials. Mayor Ryan also reached out to them and heard from Congressman Phillips’ office who reached out to the FCC to ask if something can be done to move negotiations forward or to allow access for a temporary time during the Olympics. All the FCC could do is make sure both parties are operating in good faith and trying to negotiate and they encouraged residents to buy an antenna if they would like to watch the Olympics. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION 1. Water Supplier Notification Letter from DNR dated July 16, 2021 ADJOURNMENT Councilman McDonald moved, Councilwoman Schubert 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 9:08 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen Office Manager