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CC 2014 10 27 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 27, 2014 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, and Roger Knutson Mayor Furlong: Thank you and welcome everybody. Those here in the council chambers as well as those watching at home tonight. We’re glad that you chose to join us this evening. At this time I would ask if there are any changes or modifications to the agenda as published. I would announce for those who might be here for a couple items, the Economic Development Authority meeting that was posted for being on th this evening will be postponed and we will do that most likely now at our November 10 meeting. Also one of the public hearing items that was noticed and published, item I(1) relating to a metes and bounds th subdivision at 2061 West 65 Street is also been deleted for tonight’s agenda so if you’re here for either of those two items, we’re not going to be covering them this evening. With that are there any other changes or modifications from members of the council they’d like to discuss? If not then we’ll proceed with the agenda as published with those modifications that I mentioned. With that let’s begin this evening. PUBLIC ANNOUNCEMENTS: INVITATION TO SEMINARY FEN WORK DAY. Mayor Furlong: I’d like to extend an invitation to everyone relating to the Seminary Fen fall clean-up event. This is the third annual Seminary Fen Fall Clean-Up that will take place on Saturday, November st 1. That’s this coming Saturday. Everyone is invited to spend the morning helping to restore the State designated scientific and natural area down along the Minnesota River. DNR staff will be on hand to lead the volunteers as they pull buckthorn, pick up trash and do other activities. Afterwards the volunteers will be invited to tour the fen with the DNR Naturalists and learn more about that unique area in our town. The event is sponsored by the Chanhassen Environmental Commission in partnership with the DNR. Volunteers will meet at 9:00 a.m. in the fen parking lot, right off County 61, Flying Cloud Drive. For st more information, including a location map can be found on our City’s website so again, November 1. Seminary Fen clean-up. That’s this coming Saturday. 9:00 a.m. down off of Flying Cloud Drive at the fen parking lot. Everyone is welcomed to help. CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated October 13, 2014 2. Approval of Planning Commission Minutes dated October 7, 2014 3. Award of Bid, Neighborhood Park Shelters. 4. Authorize Preparation of Feasibility Reports: Resolution #2014-63: a. 2015 Street Rehabilitation Project 15-01. Resolution #2014-64: b. Kerber Boulevard Overlay Project 15-02. Chanhassen City Council – October 27, 2014 5. Approval of Service Agreement for Joint Assessment with Carver County Assessor, 2015-2016. Resolution #2014-65: 6. TH 101 Project (Flying Cloud Drive to Pioneer Trail): Approve Resolution #2014-66: Resolution of Support for Federal Grant Applications for Reconstruction. Approve Resolution of Support for Federal Grant Applications for Pedestrian Trail Improvements. 7. Deleted. 8. Approval of Amendments to Personnel Policy to Comply with State Law. 9. Approval of Impound Contract with Countryside Veterinary Clinic. 10. Award of Bid: Security Improvements at City Hall, Public Works Building and Fire Station. 11. Vistas at Bentz Farm: Final Plat Approval and Approval of Development Contract and Plans & Specifications. 12. Approve Lease Amendment for T-Mobile Antenna on Minnetonka Middle School West Water Tower. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: This evening we have our monthly updates from our sheriff’s department and fire department. We’ll start with Lt. Jeff Enevold with the Carver County Sheriff’s Office. Good evening Lieutenant. Lt. Jeff Enevold: Good evening Mr. Mayor, council. I think I’ll get to address you as Mr. Mayor but one more time and that will be it. Is the clicker up here Kate? One more please. I just wanted to update you st on a, an update here. A burglary update that occurred on October 21 of this year. Deputies responded to a burglary where residents were over $25,000 of items were taken and our investigator the following day. Investigatory Raschke received information that the suspect that we had related to this burglary was arrested in a neighboring community for DUI and the car that he was arrested in matched a description from a witness of a car they had seen near the burglary update so Deputy Raschke went to the neighboring police department. Took a picture of the car. Brought it back to the witness and the witness said yeah, that’s the car that was there. So Detective Raschke and Detective Wagner assisted the City where he was arrested with a search warrant on the vehicle and they recovered half of the stolen property from their home. They went to jail. Interviewed the suspect and got a full confession of the burglary and we were able to return the stolen property to the owner so a great outcome and I just wanted to recognize the excellent work that was done from the initial response. The deputies going there. Taking all the necessary information and to the confession so just kind of underscores the importance of having an investigator up here that can gather all this information and take it and solve these crimes so. Next thing I want to do is bring Sergeant Wollin, Deputy Bengtson and Deputy Fiedler up here. I want to recognize th them on a call for service that they were on that is pretty unusual. Put up the next one. On October 6 at about 10:25 p.m. Deputy Bengtson and Deputy Fiedler responded to a medical of a pregnant female who was having contractions. They arrived and without getting into too much detail it was obvious they 2 Chanhassen City Council – October 27, 2014 realized that birth was eminent and they made her comfortable. They updated Ridgeview via the radio on what was happening. The paramedics arrived and the deputies assisted with the delivery of a baby boy at 10:40 upstairs in the master bathroom so. Ridgeview provides Stork pins to people who assist them in delivering a baby so Sergeant Wollin put in to Ridgeview and Ridgeview awarded these deputies with the Stork pin so again I think it’s important for us to recognize a great job done and an unusual circumstances and situation so congratulations to Nick and Josh. Next slide. So not only do we as a sheriff’s office deliver criminals to jail, we delivery excellent customer service but we also deliver babies so what more could you ask for from the professional law enforcement who provides you service. And the last slide, Friday night it’s Halloween. Forecast is 44 so, and the low is 27. It’s probably going to be a pretty nice night out there. We’re going to provide extra patrol in the neighborhoods and we ask anyone in the audience here or watching at home, you know don’t be shy. Call 911 if you see anything out of the ordinary. Any suspicious activity. We’d rather get there and prevent it than come the next day and have to take a report on it so the goal is to have a safe and enjoyable Halloween for everybody so. That concludes my presentation Mr. Mayor. Any questions for me? Mayor Furlong: Thank you Lieutenant. Any questions for Lieutenant Enevold? On his report, police report or their maternity ward. No? Very good, thank you. Lt. Jeff Enevold: Thank you. Mayor Furlong: And deputies, thank you very much for your service. Appreciate it. Todd Gerhardt: You should put in for doctor pay too. Mayor Furlong: I don’t see Chief Johnson here so there might have been a call or something. Todd Gerhardt: No. Mayor Furlong: A conflict or. Todd Gerhardt: He had a conflict tonight. He’s got another speaking engagement so. Mayor Furlong: It must be important. Todd Gerhardt: It was. It was the Lions. Mayor Furlong: We do have a complete monthly report in our packet that was distributed. Any questions for Chief Johnson that anyone on the council had that we could relay through Mr. Gerhardt? Okay, very good. Let’s move on then with the next item on our agenda. PUBLIC HEARING: CERTIFICATION OF DELINQUENT ACCOUNTS: A. UTILITY ACCOUNTS. B. CODE ENFORCEMENT VIOLATIONS. Mayor Furlong: This will be a public hearing so let’s start though with a staff report please. Mr. Sticha, perhaps you can give us some background and report and then we’ll go from there. Greg Sticha: Sure can Mayor, City Council members. On an annual basis the City Council is asked to certify delinquent utility accounts. The City has three utilities as part of it’s service. Water, sewer and stormwater. All three would be eligible for certification under State Statute as well as along in our city ordinance. The notices that started going out about 3 months ago already on delinquent accounts. Each 3 Chanhassen City Council – October 27, 2014 residence was given an initial bill. A delinquent bill. A letter following the delinquent bill and in some cases another letter after that so the accounts that you see before you this evening have received multiple, multiple notices about the delinquency of their bill. The amounts as they compare to previous years are pretty similar. Around the same amount. We’re asking to certify on the utility side 246 accounts with a total value of about $136,000. Our final certification last year was 237 accounts for an amount of st $120,000. We anticipate between now and November 1 when these payments would be due to the City, st that we’ll probably have $15,000 to $20,000 in payments between now and November 1 so the number st will probably come down before final certification on, when we send that to the County on December 1. In addition the City does certify delinquent code violations. Code enforcement accounts and we have 5 accounts with a total value of $2,500 this year. Last year we certified one account for $591. Again we st probably anticipate we probably will be paid on a couple of these accounts before November 1 as well. Other than that I guess that’s all the information that I would like to share with the council. If they had any questions I’d certainly take those. After any questions certainly open the public hearing and take the public input. Mayor Furlong: Okay. And there are actually two sets, two lists in here in our packet Mr. Sticha. One for utility accounts and this would include what type? Water? Greg Sticha: Water. Sanitary sewer. Mayor Furlong: Sanitary sewer. Greg Sticha: And then service water. Mayor Furlong: And stormwater. Greg Sticha: Stormwater. Mayor Furlong: Okay. And then the second is for code violations. Greg Sticha: Correct. Mayor Furlong: And what do those relate to? Greg Sticha: Those would typically be violations of high lawns. Stuff in yards. Laurie can probably, she probably has a little more background on the five accounts that we’re talking about than I do. Laurie Hokkanen: They’re all related to lawn mowing at this point. Mayor Furlong: Okay. And that’s a situation where they were in violation of a city code. City spent money to get them in compliance with code and these would be the costs associated with those. Laurie Hokkanen: Yes. Each time that the property exceeds the 8 inches of weeds and grass allowed by city code, we contract with Beniek Property Services to maintain that property and there were just a few that we were doing continuously this summer. Mayor Furlong: Okay. And with those I, the notices that Mr. Sticha mentioned for the utility bills, are there notices also provided I assume for anyone in code violation. Laurie Hokkanen: Right. They’re initially notified of what our ordinance is and then they are notified each time that we maintain the property. Mow it or weed treat it. They receive an invoice each time that 4 Chanhassen City Council – October 27, 2014 we undertake that. Typically what we find is these are bank owned properties where the bank is far removed and they’re happy to have us contract for someone to do it and then it gets taken care of when it turns over and luckily in Chanhassen we’ve seen those properties turn over pretty quickly so we don’t see the same ones from year to year. Mayor Furlong: Okay. Alright, very good. Other questions for staff? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Greg, can you just remind us when we complete this action of certifying these, what happens to these parcel ID’s? These property owners. And the bill. st Greg Sticha: The amounts that are listed to be certified, assuming they don’t pay by November 1 will then be sent to the County. The County will certify it with their 2015 property taxes and then. Councilman Laufenburger: It will appear on their taxes, is that correct? Greg Sticha: Correct. It will be on their property tax statement. Councilman Laufenburger: So then it becomes, well visibility on their tax statement and then it will be subject to whatever penalties that a tax statement would be subject to if it was not paid, is that correct? Greg Sticha: Yes, if they did not pay their property tax bill or that portion of it, then they’d be subject to penalties again from the County for non-payment. Councilman Laufenburger: Okay. And did I hear you say that there’s an initial bill. A delinquent bill. At least one letter. In many cases a second letter so there’s, and do you have any evidence that the attempts to reach these people are the things being returned because they don’t, the sender doesn’t live there anymore or anything like that? Greg Sticha: No. In a lot of cases it’s a lot of the same accounts each year. Some people use their property taxes as a payment form for their utility bills. Councilman Laufenburger: Oh sure. Greg Sticha: They don’t mind paying extra fees and would just rather pay it in their property tax bill. Others, we have some foreclosed properties. Bank owned properties. There’s a handful of those usually too. And then there’s others that just are times are tough. Councilman Laufenburger: Okay. And we, when we certify these and pass the bills to the County, the County does not pay us immediately for the money that’s owed. They would pay us as tax payments are thth made May 15 and October 15 of the following year, is that correct? Greg Sticha: That is correct. That’s when we’ll receive our fund check. Councilman Laufenburger: Thank you Mr. Sticha. Mayor Furlong: Other questions? Mr. Sticha, for the utility bills, those are billed quarterly, is that correct? Or are they monthly as well? Greg Sticha: We have a monthly billing option for residents. If they’d like to participate they certainly can. We do require, if you wish to participate in monthly billing, that we do so electronically to save on 5 Chanhassen City Council – October 27, 2014 the costs of mailing out but we do have a monthly billing option if that’s more in line with their budgeting system. They certainly can request a monthly bill. Mayor Furlong: So there’s an option there but that would be an ACH transaction or some sort of electronic. Greg Sticha: Yep. Mayor Furlong: So that would suggest to me that none of the accounts listed here are on the monthly billing plan because they would have been paid. Greg Sticha: Most likely unless they. Mayor Furlong: Unless they changed. Greg Sticha: If they changed bank accounts, that’s possible but most of them are quarterly. Mayor Furlong: Okay. Is there a late charge assigned on a quarterly bill if it’s unpaid? Is there a late charge or interest charges or anything charged against the account? Greg Sticha: Yep. With each late payment there would be a late charge of, a minimum charge and then a percentage of the bill and then there will be assessment charges on top of that so each quarter that the bill is delinquent there will be additional late charges associated. Mayor Furlong: And do you know what those are? What the percentage is? Greg Sticha: On our, I believe it’s 10 percent plus a minimum fee and I don’t know the number off the top of my head. Mayor Furlong: This is on the quarterly. Greg Sticha: On the quarterly. Mayor Furlong: Okay. Okay. Alright. Thank you. Okay so if somebody has. I’m sorry. Councilman Laufenburger: Just one more question. Mayor Furlong: Go ahead Mr. Laufenburger. Councilman Laufenburger: Mr. Sticha, is this published? Greg Sticha: Yes. Councilman Laufenburger: It’s published in the newspaper. Parcel ID. Greg Sticha: Yes. Councilman Laufenburger: It’s part of our notifications right? Greg Sticha: Yep. Part of the process to allow it to be certified is publication in our local paper. 6 Chanhassen City Council – October 27, 2014 Councilman Laufenburger: But names are not published. Greg Sticha: We currently do not publish the names. Councilman Laufenburger: Okay. Thank you. Mayor Furlong: Okay. Alright. If there are no other questions at this time, let’s go ahead and open up the public hearing then and invite any interested party to come forward and address the council on this matter. If people could state their name and address for the record and then the property address if you don’t, or the. Laverne Vassar: Laverne Vassar, 215 Flying Cloud Drive. Mayor Furlong: Go ahead Mr. Vassar. Laverne Vassar: That’s an illegal tax is what you’re trying to charge me. You dump your water on top of me. You don’t do any removal of water and under State and Federal law this don’t fly. Mayor Furlong: Okay. Are we familiar Mr. Gerhardt or someone else with Mr. Vassar’s property? 215 Flying Cloud Drive. Or the situation there. Mr. Oehme. Todd Gerhardt: Well with stormwater management everybody receives a stormwater utility fee no matter how the water drains through people’s property so you know in the non-sewered area, rural areas those are considered at an ag rate so. Mayor Furlong: Is that different than an urban rate or in town rate? Todd Gerhardt: Than a commercial rate or a residential. Mayor Furlong: Okay. Todd Gerhardt: So, but you know if you feel that, the way I understand the statement is that every parcel in Chanhassen receives a stormwater rate so, and I think I hear Mr. Vassar saying he doesn’t want any. Laverne Vassar: That’s right because you’re not giving me anything. You’re charging me for something that I don’t get. God gives me what I get. Mayor Furlong: What’s the, Mr. Gerhardt I guess what does the fee go towards? I mean this is a fee assessed against every property in the city, is that correct? Todd Gerhardt: Yeah. It, the money is used for the general operation of our stormwater system and we, everybody contributes to the management of the stormwater that goes on in the community. You may not personally get that benefit on your property but I think we have well over a couple hundred stormwater ponds. Stormwater pipe and creek beds. Culverts that we have to reconstruct. Always expanding on the service and so it’s, even a farmer contributes to that. There’s always runoff. Laverne Vassar: When the Minnesota River comes up and it gets me, then who’s going to, you footing the bill for that because your adequate isn’t adequate. Todd Gerhardt: Yep and. 7 Chanhassen City Council – October 27, 2014 Laverne Vassar: Yeah, yep. Todd Gerhardt: So. Mayor Furlong: Okay. Well it’s my understanding that this is for, that everybody gets charged this regardless of. Laverne Vassar: It hasn’t been that way. Mayor Furlong: It hasn’t? Laverne Vassar: Nope. Mayor Furlong: Have you been, is this the first year? Laverne Vassar: And I call this office up here a half a dozen times. Left messages. Talked to a woman up here. Nobody returns your telephone call. I don’t know if they work here or not. Mayor Furlong: Okay. Todd Gerhardt: Well we can take your number and sit down and kind of explain. Laverne Vassar: Well you don’t have to explain nothing to me because it will end up in court because I ain’t paying no $1,800 dollars. Mayor Furlong: Alright. Okay. Anything else at this time? Laverne Vassar: No. Mayor Furlong: Okay, thank you. Anyone else that would like to speak at the public hearing tonight regarding either the utility assessments or code violation. Amounts being, the delinquent accounts. Seeing none without objection we’ll close the public hearing and bring it back to council for discussion. Any thoughts or comments? Yep. I mean I think this is generally, this is an annual process that we go through and while there obviously are some disagreements as we heard this evening it is a process that the City uses to fund the stormwater management and our water rates and as well as our sanitary sewer and for code enforcement you heard this evening these are costs that the City has incurred that we’re asking the property owners benefiting from those costs to pay so Councilwoman Tjornhom, comment. Councilwoman Tjornhom: Yeah just a, not a comment just a real quick question… Mayor Furlong: Sure. Councilwoman Tjornhom: We assess I guess or bill homeowners or property owners that are not taking care of their property so which we then contract with Beniek to go mow that lawn. To take care of it. Mayor Furlong: Right. Councilwoman Tjornhom: About how many of those properties do we have? Do you know or how many, I mean what is the cost of that service? Do we know or? 8 Chanhassen City Council – October 27, 2014 Laurie Hokkanen: The base service starts at $87 an hour for mowing and then there’s a separate cost for weed treatment or if they need, often they need to use specialized equipment because they can’t go in there with their regular mowers. Councilwoman Tjornhom: Okay. Laurie Hokkanen: And they charge on an hourly basis I believe in 20 minute increments. Councilwoman Tjornhom: Okay. And so do we know how many properties they do? Laurie Hokkanen: It’s not very many. This summer I think there were 5 that we did more than once and maybe 4 or 5 times each. And maybe another 3 or 4 that we did once and then the property owner called or the property turned over and it got taken care of. It fluctuates from year to year but it’s never been a large problem for us. Councilwoman Tjornhom: Okay, thank you. Roger Knutson: Mayor just a quick comment on. Mayor Furlong: Mr. Knutson. Roger Knutson: On the stormwater. That’s specifically authorized, that charge is specifically authorized by statute and we follow the statute to the letter. It’s Minnesota Statute 444.075. Mayor Furlong: Okay, thank you. Any other discussion? If not, without objection we can probably deal with both of these items in a single motion. If somebody would like to make the motion. Mr. McDonald. Councilman McDonald: Yes I’ll make a motion that we take both of them items and approve them. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution #2014-67:Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts the Resolution Certifying Delinquent Utility Accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2014-68: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts the Resolution Certifying Delinquent Code Enforcement Accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CHANHASSEN SPECIALTY GROCERY: CONSIDER APPROVAL OF PRELIMINARY AND TH FINAL PLAT FOR VILLAGES ON THE PONDS 11 ADDITION; AND SITE PLAN REVIEW FOR A 14,000 SQUARE FOOT ONE-STORY BUILDING WITH A VARIANCE TO THE SIGN LETTER SIZE; AND DEVELOPMENT CONTRACT. APPLICANT/OWNER: VENTURE PASS PARTNERS/NORTHCOTT COMPANY. 9 Chanhassen City Council – October 27, 2014 Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the th Planning Commission on their October 7 meeting and they did recommend approval. Just wanted to give you a little background on the Villages on the Pond. It started, we put the PUD together in 1996 and everybody thought it would kind of come to fruition and a lot faster. It’s evolved. When the PUD was put together was for mixed use commercial as well as high density residential, institutional and office. Again one of the drivers on this site was actually St. Hubert’s Church was the large institutional use so they were kind of the engine that made this happen so the City was looking for an opportunity to put some other retail space. At the time it was put together we envisioned it’d be kind of more of a village concept, hence the words Villages on the Pond. Kind of maybe quaint, smaller stores. When Presbyterian Homes came in that was kind of the vision that we had which was the retail on the first floor and the residential above but it kind of ebbed and flowed. AmericInn was one of the early users too. Then with Houlihan’s. When Culver’s came in, the Planning Commission and the planning staff had recommended against the drive in because we thought was more traditional and not kind of the, what we envisioned this area. So as time elapsed and here we are a number of years later, there’s been things that we hadn’t thought of that came in. You know the Foss Swim School was great for kind of a gathering place. Kind of a nice thing and then we were excited when, then we got the Lakewind’s to come in because that was always an element too and you most recently approved the Village Shoppes at Chanhassen is another more restaurants there. So now right next to it then we have the specialty grocery going in. I don’t want to leave anybody off there. The Bookoo Bikes is always making a nice component but we’re down to kind of after this use we’re down to the two lots that are closer to St. Hubert’s but I just wanted to give you that background. How this thing has kind of evolved and kind of what the original vision was. Again adapting to the time and to the market. Being a little bit flexible as it’s moved forward. So as I stated this request before you is located on the corner of Lake Drive and Main Street and it’s, some of the parking here, as the platting itself encumbersome of the streets itself and I’ll go through that in a little bit more detail. So the request then is for preliminary and final plat for Villages on the th Pond 11 Addition and then the site plan for the Chanhassen Specialty Grocery with a variance on the sign. So the subdivision itself is creating one lot. Two lots but they’re just platting the one at this time. This would be a future lot and outlot. The Planning Commission and the staff did recommend, there’s parking on this. That that be included with the Lot 1 and that would also include extractions for stormwater fees and managing that since there will be hard cover on that. So this will be the final plat. This lot right here would be where the specialty grocery would go. Outlot A including some of the parking, shared parking and then Outlot B would be a future lot. This site plan itself is for a 14,000 square feet of the store. The parking would include the area adjacent to the store and then also the parking on the streets here. As I mentioned this was the additional 13 stalls so we straighten out that lot line. Again this outlot will be platted in the future and the stormwater pond will actually go on that site. This is the utilities. This area is all private utilities. Private streets so there’s no development contract with this project. Grading as I mentioned there will be a temporary stormwater pond located on the outlot and when that project comes in and a building goes there, they’ll actually put this underground stormwater management for that site. So the subdivision as proposed, again we’re making preliminary and final plat and it does meet all the conditions of the subdivision regulations. So the architecture itself, I have the material here, if anybody’s interested in seeing that in more detail but it does meet all of our architectural design standards. It’s a nice looking building with the orientation. Again there’s some of it’s closer to the street and so we’ve looked at ways to screen so we’ve got some interesting green walls where we’ve got large spanses close to the street, trying to break up that architecture which we’ve done with some of the other buildings. Some relief in the sight lines and then the kind of the pitched roof element. The standing seam siding. Screening some of the roof top equipment. They are requesting a sign variance. This shows in a little bit more detail their sight lines that I talked about. How we originally thought this being a village concept. How some of the things have changed where they’re actually, some of the uses for example event Culver’s are taking advantage of exposure from Highway 5. So this building has exposure on the two sides and that’s where they would get the requesting the 42 inch letters and on the north and the west, on the larger sign there. We’re not recommending on the east 10 Chanhassen City Council – October 27, 2014 elevation because that doesn’t have the same exposure so at the Planning Commission they spent some time talking about this and I just wanted to show you illustratively some of the other sign elements that are in this area. So there’s different iterations. If you look at AmericInn they have a taller, kind of a cupola where they’ve actually taken advantage of that so their sign is pretty large on that building. Catching the visibility. 11 by 17. And then Bookoo Bikes is 48 by 12 and they’re taking advantage of the fact that you know they’ve got a, kind of a logo that wraps around, as does AmericInn. Maybe the letters aren’t that big but the actual sign area. Chanhassen Community Bank also did like a cupola on the top too to get the visibility and their’s is fairly large and the 54 inches with the sign area, and the same with the Foss Swim School. And to also include Houlihan’s which is individual letters but on a 2.6 and 8 and then finally Lakewind’s which has kind of the double wording there so their’s is actually 5 feet high. So looking at the fact that, going back to the signage for the building. While it’s 48 inches, it’s high. It’s not, it’s individual letters. There’s no detail and trademark or anything like that. Would just be individual letters for the sign so the Planning Commission and the staff felt it was consistent with some of the other approaches we’ve taken in that development itself. So with that we are recommending approval of preliminary and final plat and site plan and we have the motion set out for you here and I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, you kind of had a big picture of the Villages and this would be, with the exception of the two vacant’s next to St. Hubert’s this would kind of fill it out. Can you tell us anything about what kind of tenant turnover has occurred, if any within the Villages. Within the Villages on the Ponds. Do you know of any? Kate Aanenson: That’s a good question. I would say the, right now we know that Starbuck’s is looking to move out. They want to get a drive thru. Councilman Laufenburger: Okay. Kate Aanenson: There’s been a few in that building. Councilman Laufenburger: How about in the Summerwood area? I know there’s some retail frontage. Kate Aanenson: A few in there too. Yeah. Councilman Laufenburger: Those are relatively small offices or. Kate Aanenson: Retail space. Councilman Laufenburger: Spaces. Yeah, retail space. Kate Aanenson: Yep, we’ve had a few changes in there but obviously the hotel, Houlihan’s, Bookoo Bikes have been there for a long time. Foss Swim School. Yeah, and Culver’s have done well there. Mayor Furlong: I think what I’m thinking and I think maybe the single tenant users, buildings have stayed pretty much the same. Kate Aanenson: Correct. Mayor Furlong: But there has been some turnover with the multi-tenant commercial sites. 11 Chanhassen City Council – October 27, 2014 Kate Aanenson: That’s correct, yep. Some of the restaurants have gone in or out. Councilman Laufenburger: Also Ms. Aanenson some residents have asked me what the difference is between a specialty grocery versus a grocery. Can you speak to that? Is it possible to speak to that? Kate Aanenson: I think it’s just a unique type of a grocery store. That’s the best I can do. Councilman Laufenburger: Okay. Mayor Furlong: So if you look up special in the dictionary you might be defined as unique. Unique might be one of the defining words. Councilman Laufenburger: Where’s my Thesaurus when I need it right? Thank you Kate. Mayor Furlong: That was good. Other questions for Ms. Aanenson. Kate Aanenson: I could answer it this way. Lakewind’s would probably be a specialty too. They cater to probably maybe a certain slice of the population. Councilman Laufenburger: So I would take then perhaps like an ethnic grocery store. Kate Aanenson: Sure. Councilman Laufenburger: That would be a specialty, is that correct. Kate Aanenson: Like a deli, sure. Councilman Laufenburger: Okay, alright. Okay, thank you. Mayor Furlong: The, and I guess to lead off that. That type of use is a permitted use under the PUD, is that correct? Kate Aanenson: That’s correct. Mayor Furlong: Okay. And with regard to the sign variance and the size of the letters, with regard to and maybe this is as much a legal question as it is, well it’s a question for staff. Whoever wants to answer it. As I understood as you were describing that the specific request here is for a letters only sign. Unlike the examples you used, AmericInn, Lakewind’s, the others. Bookoo Bikes even. Kate Aanenson: Bookoo Bikes, yeah. Mayor Furlong: Is the letters are part of a bigger sign. Kate Aanenson: Correct. Correct. Mayor Furlong: And so this is, and so those letters may be meeting the 30 inch minimum that is required under the PUD standards, but the sign itself is bigger. And in this case the variance is being requested it’s a letter only sign. There is no bigger field or broader sign than that. Is that my understanding? Kate Aanenson: That’s correct. 12 Chanhassen City Council – October 27, 2014 Mayor Furlong: Okay. So is the variance then written such that it is only for a letter only sign or would it be available to take, because we don’t know who the user might be or the user could change over time. Even though it hasn’t. Is the variance written that you could put larger than 30 inch letters and then a bigger sign as well? How is that? Do you understand my question? Roger Knutson: The request is for the letters only to be larger. Mayor Furlong: Okay. Roger Knutson: So that’s what the variance will allow. Just that. Mayor Furlong: Okay. Kate Aanenson: And that was our interpretation and our recommendation, that’s correct. Mayor Furlong: Is there, are the requirements in the PUD with regard to the size of the sign as well? Kate Aanenson: Yes. Mayor Furlong: So the Bookoo Bikes sign, the Lakewind’s sign, the AmericInn sign, those signs fit within the PUD requirements including the 30 inch letters. Kate Aanenson: Correct. Although the difference of, a couple of them were, because we intended them to be lower profile at the time when this was put together. The Villages. We didn’t anticipate for example the bank wanting better visibility. Going up higher. Mayor Furlong: And that was. Kate Aanenson: That was a variance for that, correct. Mayor Furlong: A variance was requested for that. Kate Aanenson: Correct. And same with the hotel for, to get higher. Mayor Furlong: Okay. Kate Aanenson: More visibility. Mayor Furlong: So with the multiple variances that have been there, does it make sense to take a look at the entire PUD? Kate Aanenson: Yes. Mayor Furlong: And update the sign requirements within the PUD. Kate Aanenson: Yes, yes. And I think that’s, we’ve talked about doing that. Coming back and just looking at, there were two approaches to do that. Going back and just amending the PUD to change the standards. 13 Chanhassen City Council – October 27, 2014 Mayor Furlong: Okay. And I guess that would be my recommendation so that we don’t have some users that might be limiting themselves to 30 inch letters with a bigger sign. If the expect, if time has changed expectations going forward, then perhaps just relooking at that. Those requirements of the PUD. Kate Aanenson: I think that’s wise, yeah. Mayor Furlong: Okay. Alright. Kate Aanenson: Because we do have two other buildings that are going to come in in the future too. Mayor Furlong: Right. And we have existing users that may want to. Kate Aanenson: Would change, correct. Mayor Furlong: Modify their signs to be consistent with their neighbors. Okay. Alright. And other than the PUD limitations on the sign, is what’s been shown to you and being requested as part of this variance, I think I read it in the staff report. That would meet our current city ordinance so they’re not trying to do something that’s beyond or outside of our current ordinance, is that correct? Kate Aanenson: That’s correct. Mayor Furlong: Okay. So other than the fact that they’re in the Villages on the Ponds which has a separate PUD zoning requirement with some limitations on signs, if they were in a general downtown what they’re asking for. Kate Aanenson: That’s correct. Mayor Furlong: Would meet the ordinance. Kate Aanenson: Yeah. Mayor Furlong: Okay. Thank you. Any other questions on any of the development? Anything? Alright. Is the applicant here this evening? You’re welcome to come forward and address the council. Good evening. Randy Rauwerdink: Yeah, Mr. Mayor, council. It’s our pleasure to introduce the project to you. My name is Randy Rauwerdink. Vice President with Venture Pass Partners. Mayor Furlong: Welcome. Randy Rauwerdink: And also with me tonight is Dave Carlin, the President of Venture Pass Partners. Mayor Furlong: Good. Randy Rauwerdink: See we’ve been working the last several months very close with Kate and with Bob and with staff and I think we’ve put together and crafted a very thoughtful project that’s going to be an exciting, good addition to this neighborhood and community as a whole. Not a lot to add to the staff report. There were several conditions of approval that came out of the Planning Commission or just prior to the Planning Commission and we did respond with our engineers and architects I think even by the days just following the Planning Commission and we have addressed I think each and every one of those conditions I believe to the staff’s satisfaction. Nothing that was particularly onerous or difficult but 14 Chanhassen City Council – October 27, 2014 relating to some landscape issues, some stormwater issues. A little bit on building materials and I think we’ve addressed all of that very thoughtfully. Really not a lot to add other than that. Any questions that you have of us as applicants we’d be happy to entertain. Mayor Furlong: Thank you. Any questions of the applicant? Councilman Laufenburger: Just one. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Your name again was Randy? Randy Rauwerdink: Randy. Councilman Laufenburger: Randy. So I appreciate your responding to the conditions because as, in your response to the conditions do you think there’s anything that will preclude you and your potential tenant from moving forward with their plans? Randy Rauwerdink: Other than, in relation to the conditions? Councilman Laufenburger: Yeah. I mean that you had to respond to some conditions that came out of the Planning Commission meeting so are you, you’re prepared to move forward with the development with those conditions? Randy Rauwerdink: Yeah. We’re, yeah. Absolutely. Councilman Laufenburger: Good. That’s what I needed to hear. Thank you very much. Mayor Furlong: Thank you. Any other questions of the applicant? I know there was a public hearing at the Planning Commission and some parties did speak there as well. There have been a few changes and modifications to the conditions and such since then so if there are some additional comments that people would like to provide to the council here this evening we would certainly welcome any public comments that some people may want to offer. No? Okay. Thank you. Let’s bring it back to council then for discussion. Thoughts and comments. On another development in Villages on the Ponds. It’s coming like babies to deputies here these last few meetings now so. It’s good to see development happening. Very much so in this area. It has been a number of years since we’ve seen any development in the Villages on the Ponds and it’s nice to see that we’re, in our work session tonight talking about economic development opportunities within the downtown. There’s lots going on and this is part of it so very nice to see this happening and it sounds like it will be a good addition. Any other comments or thoughts? Mr. McDonald, comments. Councilman McDonald: Well you’ve got most of them but yeah, it’s good to see this particular site beginning to fill out. You know with the other approval that we just did at the last council meeting and such. Now we’re down to two lots within the area and I think that they’ll be taken care of shortly also but this does bring something to completion within Village on the Ponds and will make for a nice addition and I think it will make a nice area for those of us in the city to go to and shop and eat and all kinds of stuff so I’m glad to see it happening. Mayor Furlong: Thank you. Other comments. Councilman Laufenburger. 15 Chanhassen City Council – October 27, 2014 Councilman Laufenburger: Yeah I just want to relay some comments that some residents have shared with me that they’re very pleased to see the, the street between Summerwood and St. Hubert’s completed and I know that one of the developers in the area is with us tonight and I think it’s important that she know that their efforts to complete that has been very much appreciated by the citizens so I just want to go on record as saying that. Thanks. Mayor Furlong: Thank you. I’ve heard from a business owner in the area too and they’re very excited about getting some of the vacant lots filled in and with more business activity in the area. They’re confident that it’s going to help everybody in the area and that’s usually the way it works. As a business area or commercial retail area develops and there’s more activity there and that’s good for everybody so they’re excited about the opportunity as well. With that, if there are other comments great. Otherwise would somebody like to make a motion? Councilwoman Ernst: Mr. Mayor, I’ll make the motion. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion City Council approve the preliminary and final plat for Villages th on the Ponds 11 Addition, site plan for Chanhassen Specialty Grocery with a variance to the sign letter size on the north and west building elevations, subject to the modified conditions of the Planning th Commission staff report. The development contract for Villages on the Ponds 11 Addition and adopts the Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Seeing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve th the preliminary and final plat for Villages on the Ponds 11 Addition; and approve the site plan for Chanhassen Specialty Grocery with a variance to the sign letter size on the north and west building elevations subject to the following conditions; and the Development Contract for Villages on the th Ponds 11 Addition; and adopts the Findings of Fact and Recommendation: Subdivision 1. The final plat shall include a 20-foot drainage and utility easement centered over the public utilities within Outlot A. 2. The fees collected with the final plat are: a. Surface Water Management fee: $46,377.06 b. Park Dedication fee: $33,875 c. GIS fee: $25 (plat) + ($10/parcel x 3 parcels) = $55 3. City water (WAC), City sewer (SAC) and Metropolitan Council sewer (Metro SAC) fees will be collected with the building permit and will be calculated based on the uses within the building. 4. Prior to issuance of the building permit the applicant must record a drainage and utility easement, or other equivalent protection as agreed to by the city, over the Ecostorm and the sand filter basin. This 16 Chanhassen City Council – October 27, 2014 recorded easement must specifically address who is responsible to own and maintain the system and must meet the requirements spelled out in Part III.D.5.(5) of the General Permit Authorization to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Systems Under the National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. Site Plan with Variance Building: 1. The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Detailed occupancy-related requirements will be addressed when complete building plans are submitted. 4. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Engineering: 1. The western portion of Pond Promenade shall be at least 26 feet wide to meet the City’s minimum requirement for a private street serving two-way traffic. Fire Marshal: 1. “No Parking Fire Lane” signs and yellow-painted curbing will be required. Contact Fire Marshal for specifics. Natural Resource Specialist: 1. The applicant shall install trees in the larger landscape peninsulas located along Pond Promenade on the north and west sides of the lot. 2. The applicant shall re-submit a corrected landscape plan to the city prior to construction. Planning: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Install two benches east of the building on Main Street. The applicant should also consider providing additional benches on site and along Pond Promenade. The applicant shall provide benches similar to others used in Villages on the Ponds. 3. Change the design of the ECO mesh green wall to be slightly curved (in footprint) to help break the monotony of the long, straight wall along the street. 17 Chanhassen City Council – October 27, 2014 4. The street/sidewalk lights along Main Street have to be preserved and operational when the site construction is completed. 5. Additional landscaping shall be provided to the south of the building. Water Resources: 1. The applicant must provide adequate evidence that there is no area on the subject property suitable for infiltration. The discussion must include the practicality of altering the site layout. 2. The applicant must provide volume control to the maximum extent practicable and must provide a discussion of the feasibility of other methods of volume reduction. 3. The applicant must provide water quality modeling, acceptable under Section 19-144(a)(1)c. of Chanhassen City Code, showing that the water quality treatment conditions are met for the required water quality volume from all new impervious surfaces. 4. A comprehensive, stand-alone SWPPP document with all elements required by Part III of the NPDES construction permit and Section 19-145 of city code shall be prepared and submitted to the City for review and comment before any earth-disturbing activities, including but not limited to dewatering of the pond, removal of any existing surfaces or structures, and removal of vegetation. 5. Any dewatering of the pond must have a dewatering plan, approved by the city, prior to executing. This plan must assure that no sediment-laden water leaves the site and shall be incorporated into the SWPPP. 6. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 7. The applicant will be responsible for procurement of any permission required by any other agencies with authority over the project. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Very good, thank you and welcome to Chanhassen. Randy Rauwerdink: Thank you. COUNCIL PRESENTATIONS. Mayor Furlong: I’d like to take the liberty of starting this evening under council presentations we have with us this evening for her final meeting our Assistant City Manager, Laurie Hokkanen. Laurie’s been with the City for 8 years and has served as the Assistant City Manager during that time. She has been the City’s liaison with our business, civic organizations. The Chamber of Commerce. Buy Chanhassen. She was instrumental in getting the Yellow Ribbon of Chanhassen off the ground and to recognition back in 2012 as a Yellow Ribbon City and I’m personally aware and there are probably some that I’m aware of, of service men and women and their families that organization has helped and I know that’s been a passion of Laurie’s and our city has benefitted from that. She has been, as Assistant City Manager she heads up our human resources functions. Deals with EDA. Our Economic Development Authority. Manages the TIF districts that we have in town. Cable TV. You’ve received one or two calls I think about cable TV. 18 Chanhassen City Council – October 27, 2014 Laurie Hokkanen: A couple. Mayor Furlong: A couple? Laurie Hokkanen: No big deal. Mayor Furlong: Okay, good. Good. She coordinates and is our representative on our police contracting services with the sheriff’s department. Manager’s the CSO. City building. One of the things that Mr. Gerhardt told me was really a great success was the web based application process that you brought in for the city for people applying for jobs can submit their resumes and letters electronically. Much more efficient. Much more manageable and just a better overall system. Todd Gerhardt: Great innovative idea. Mayor Furlong: Innovation? Wonderful. We like innovation. Laurie’s great to work with. Very approachable. Fun to have around and she is moving on to become the City Manager of the City of Victoria. Our closest neighbor to the west and we’re going to miss her but fortunately she’s going to be close enough that we’ll see her from time to time so Laurie on behalf of the council, everybody, thank you for your many years of service and while we’re sorry to see you go, we wish you nothing but success going forward and we’re sure the City of Victoria is going to enjoy everything that you offered us over there so congratulations on your new position but we will miss you. Laurie Hokkanen: Thank you very much. Mayor Furlong: Takes me a few years to learn things but Councilwoman Tjornhom I understand we do have some cake this evening to celebrate. Councilwoman Tjornhom: I was…oh my gosh there’s no cake for this poor girl. Mayor Furlong: I understand that the cake has been ordered and it’s somewhere nearby so. Councilwoman Tjornhom: And I’m so glad to see that Laurie has a little bit of tears in her eyes and she’s just not leaving really happy. Laurie Hokkanen: I’d really like to prove Todd wrong and not cry but I haven’t mastered that. And he’s been working really hard at it so. He figured out what all my buttons are. Todd Gerhardt: I know I just love to see ladies cry. I think I can speak on behalf of the department heads and myself, it’s been our honor to watch Laurie grow into this position. She came from DeKalb, Illinois. Northern Illinois with her masters degree in public administration and undergrad from St. Cloud but she has just been a gem of a person to work with. The department heads are all shaking their heads probably. Not for them but for me because she will challenge me once in a while and that’s what makes the city really great for people here and so on behalf of all the department heads, we want to thank her also. And Roger. Roger’s said some good things about you too but she, this is the only person I know that can figure out a way to get a shorter commute time from 15 minutes to 10 minutes so, but that’s the nice things about this is she’s not going to be too far away so we still get to see her. I will get to see her quite often at the leaders meeting so that’s good for me and but we wish her nothing but the best and thank you for your great service. Laurie Hokkanen: Thank you. 19 Chanhassen City Council – October 27, 2014 Todd Gerhardt: And then I think you have to swear in or assign Deputy Mayor to kind of lead the meeting so we can have cake. Mayor Furlong: Oh, okay. Todd Gerhardt: Because we always have cake when. Mayor Furlong: When I leave. We’ll make an exception. He’s trying to get rid of me too. We’ll make an exception. Laurie Hokkanen: I’m hiring a Community Development Director. You want to come with me? Mayor Furlong: I think I’m free in January so… Any other comments or discussion? Either about Laurie or just general council presentations. Mr. McDonald. Councilman McDonald: Well I was going to explain where I was at from missing the last meeting but I don’t know if I can follow all that. I was actually down in Houston as part of Southwest Transit we were down looking at buses and you think buses are pretty mundane and all like that but I got to tell you, they’ve really increased the technology of what goes into a bus. The creature comforts and the things that you can do with them. And one of the things we were looking at was again, you know Southwest is trying to improve local service so one of the things we were looking at were, you know a new fleet of buses that would be able to provide local service within the communities. I think we’re on a path to get all of that accomplished but it was an interesting show just to see that there’s more to a bus than just a big box so I appreciate you allowing me to miss a meeting. I was working for the City in a round about way but it was very enjoyable down there. Mayor Furlong: Very good, thank you. Any other comments? Council presentations. Councilwoman Tjornhom: Yeah I just, I was kidding but I do want to thank Laurie too for you know always, whenever Todd, whenever Todd was on vacation and I needed. Mayor Furlong: Usually when things went bad. Councilwoman Tjornhom: I know. Yes, yes. Todd Gerhardt: I’ve got pictures of her sitting in my desk with her feet on the desk. Councilwoman Tjornhom: I was going to say, I love those. Todd Gerhardt: Yeah. Councilwoman Tjornhom: That’s perfect but I mean you really did. You, it just seemed like every time he left a catastrophe happened and so Laurie you really stood up and took that role on really well and I appreciate all of that and I have to laugh because when Todd hired you I thought, she’s like 17 years old and you soon proved us all wrong. That you are wise and very good at what you do. Laurie Hokkanen: Thank you. Councilwoman Tjornhom: And the City of Chanhassen will surely miss you and I hope Victoria does knows how lucky they are and I hope you and Todd have it worked out so that you’ll just have to call him 20 Chanhassen City Council – October 27, 2014 sir at meetings or warm his car up for him. But anyway, thank you Laurie for everything you did for us and I wish you nothing but the best. Laurie Hokkanen: Thank you and you guys have been a great council to work with. I had the pleasure of working with Tom and Bethany since, for the entire 8 years. The rest of you as well and I think a lot of people leaving would want to say I want to make sure that you appreciate the manager and staff that you have but the really nice thing about you guys is every single one of you is very appreciative of staff and everything we do here at the city. I feel like you do have a good handle on what a great job Todd and the rest of the group does. One of the things I’ve really enjoyed here is doing or managing our hiring and we’ve started to see more turnover over the past few years and it’s neat to be able to meet with people and to really explain to them what our culture is like and what they’ll be coming into and to be genuinely excited about it and I never feel bad luring someone away from a job that I know they love because I know they’re going to love it here. I don’t worry, ah is this the right move for that person? I know that we have something really special here and I know people come and they think you know I’ll stay for, I believe I told Todd you know 4 to 7 years and the years go by and I’m like I’m really happy here. I’m still working on things that I enjoy and there’s still a lot of challenges to be done. And I still feel that way. You know I went into the Victoria process saying if I don’t end up moving to Victoria I’d be very, very happy to stay here for as long as Todd would have me so to everybody thank you so much. Mayor Furlong: Thank you. Todd Gerhardt: Now can we have cake? Mayor Furlong: Well it depends on how long your report is. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Mine’s going to be fairly short. We are doing some recruitment. Charlie Eiler is going to be retiring here at the end of the year so we had interviews today for his replacement and so we did a quick analysis and thought well we’d better have two people to maintain downtown and make sure we can flood all the rinks in town so that was a quick decision. So Charlie’s going to be missed on so many different levels also but I think we’ve been able to get really good candidates to come in and they all come in and say this is the best job they’ve ever had and just like Laurie so. Laurie Hokkanen: That was your language. Todd Gerhardt: So that’s my way of trying to brainwash all of these people here and. Mayor Furlong: This is the best job. Todd Gerhardt: Yeah. And so, and the recruitment we had this summer for the Street Superintendent. Park Superintendent have all worked out really well and a lot of that credit goes to Laurie and also our new Fire Chief so she did a fantastic job in that recruitment and keeping the candidates interested and positive and keeping them informed is the key thing so. But that’s all I have. Mayor Furlong: Okay. Thank you. Any questions for Mr. Gerhardt or his staff? No? Very good. CORRESPONDENCE DISCUSSION. None. 21 Chanhassen City Council – October 27, 2014 Councilwoman Ernst 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 7:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 22