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CC Minutes 10-24-2016Chanhassen City Council – October 24, 2016 sheriff’s office is participating along with over 300 agencies from around the state in increased thth education enforcement of the seatbelt and child seat laws from October 14 to October 30. Just a reminder that in 2015 91 unbelted motorists lost their lives in Minnesota from not wearing seatbelts and over the last 5 year period 38 percent of the 1,300 killed while riding in vehicles were not wearing their seatbelts. And in 2015 77 percent of vehicle occupants were ejected or partially ejected and died were not wearing a seatbelt so needless to say you know I’ve given this update before. This is an annual event but it’s still extremely significant and currently 93 percent of the public are routinely and regularly buckling up but we can’t emphasize enough how much of a different that makes in the unfortunate event of a crash so we want to continue to encourage people to do that. And then finally we have Halloween safety reminders so folks please make sure your kids and you plan a route in advance and stick to that. Wear comfortable walking shoes with good traction. Stay well lit with reflective tape and markings and use a flashlight. Try to wear short costumes so the children are not tripping over them. If you must wear a mask make sure that the children can see well or consider using make-up as an alternative. Please avoid fake weapons and if you must, if that costume just won’t be complete without the sword or something try to make sure they’re flexible and not rigid. And make sure to check your child’s candy and then most importantly we ask that everyone be cautious on Halloween when driving and give the trick and treaters some extra space and room as they’re walking down the roadway so that is all I have for you and I’ll stand for questions. Mayor Laufenburger: Good prevention tips Lieutenant. Any questions for Lieutenant Kittelson? Or comments. Thank you. Let’s hope we have a safe Halloween. Lt. Eric Kittelson: Me too. Mayor Laufenburger: Thanks Lieutenant. PAISLEY PARK MUSEUM – REQUEST TO REZONE PROPERTY LOCATED AT 7801 AUDUBON ROAD FROM INDUSTRIAL OFFICE PARK (IOP) TO PLANNED UNIT DEVELOPMENT (PUD) TO FACILITATE THE USE OF THE BUILDING AS A MUSEUM; AND APPROVE RESOLUTION AUTHORIZING NO PARKING ON MCGLYNN DRIVE. Mayor Laufenburger: Do we begin, may we begin with a staff report. Ms. Aanenson do you have a staff report? Kate Aanenson: Yes I do, thank you Mayor. As we discussed in the work session this item last th appeared on your agenda on October 10 and at that time you requested that the, permitted up to 12 special event permits which were not all 12 were not used. They selected certain dates and we now have evidence of how the operation went so from the operator’s perspective things ran smoothly on the dates. We also have a report from Southwest Transit that things worked smoothly and also from the sheriff’s office that there were no incidents so that being said things worked well. We do have information on traffic which I’ll let our consultant talk about but what 5 Chanhassen City Council – October 24, 2016 we did based on the operations and in working with the applicant and how they’re managing that with their hours of operation we did make some changes. Or are recommending some changes to the PUD so if I could go through those briefly Mayor, would that be appropriate? Mayor Laufenburger: Please do. Kate Aanenson: Okay, also just correcting some Scribner’s errors here. So we added a hotel as a conditional use. Mayor Laufenburger: So why don’t you identify where you are in this so we can follow along okay. Kate Aanenson: Sure yep, I’m on page 1. Section 1. So we’ve added C. There’s a new C and that would be conditional uses and it should say the following conditional use. Mayor Laufenburger: Okay I read that as Section 2. Paisley Park Planned Unit Development 2(c) is that correct? Kate Aanenson: I’m sorry 2(c) correct. Mayor Laufenburger: Okay. And you’re adding as a conditional use. Kate Aanenson: The following conditional use we’d add hotel. Mayor Laufenburger: Okay. Kate Aanenson: The hotel then would require to come back to the Planning Commission for a public hearing and they make that recommendation to the City Council. Again with the conditional use you have discretion with adding conditions to mitigate the impact of that so it gives you a little bit more leeway there. Mayor Laufenburger: Okay. Kate Aanenson: Also then on (d) there would be Scribner’s that would say all conditional and permitted uses not listed as permitted or conditional so again we’re still prohibiting several things including outdoor events and liquor sales and consumption. Mayor Laufenburger: So I’m making note that 2(d)(1) now reads as all conditional and permitted uses not listed as permitted or conditional uses. Kate Aanenson: That’s correct, thank you. Mayor Laufenburger: Okay. Alright. Anything else? 6 Chanhassen City Council – October 24, 2016 Kate Aanenson: Then for the rest of that the changes that we noted before we showed a strikeout in bold so anything that’s, excuse me strikeout in italics to show the changes. Mayor Laufenburger: So what section are you in now? Kate Aanenson: I’m in F under site plan would say with the north option 1 with an access right in for buses only and right out for buses and passenger vehicles. Mayor Laufenburger: So striking the words relocating that north access. Kate Aanenson: That’s correct. 100 feet south. Mayor Laufenburger: Alright. Kate Aanenson: At this time taking that out. Mayor Laufenburger: Okay. Anything else? Kate Aanenson: Yes. Under parking then, parking G. G(5) would be the north access shall be limited to right in for buses and right out for buses and passenger vehicles. Mayor Laufenburger: Okay that’s a change. Kate Aanenson: And then G(7) we’d be striking the 230 are required. We’re not requiring at this time. If they were to expand the use they would have to come back through that process with any other jurisdictional agencies to get approval for an expansion. Mayor Laufenburger: Okay. Anything else? Kate Aanenson: Yes. Then G(8) would be the number of guests allowed on the site shall be limited so that either (a), there are sufficient number of parking, on site parking spaces to accommodate the guests who arrive by personal vehicle or (b), the guests arrive by bus so again it’s up to the operator to manage that. Mayor Laufenburger: Okay. Alright. Noted. Anything else? Kate Aanenson: On 9 we would add that until all parking requirements have been met and that would be the ultimate buildout. All access to the site shall be by bus with the exception of employees, contractors and up to 40 guests per hour maximum. Mayor Laufenburger: Okay. And then under 10, again this kind of ties back to 8 and 9. If the on site parking is inadequate, maximum allowable tour sizes shall be reduced to a level that the 7 Chanhassen City Council – October 24, 2016 on site parking is sufficient or the PUD or the site plan must be amended to provide more guests shall be allowed to be bused to and from the site so again managing that by bussing if they can’t provide the additional parking. Mayor Laufenburger: Was there anything else? Kate Aanenson: On the ordinance itself that would be it. Mayor Laufenburger: Okay can you go back item F(5) just for a moment? I remember there was some discussion about putting a date on that or is that date in the site improvement agreement? Kate Aanenson: I was going to go to that next Mayor so. Mayor Laufenburger: Okay, alright. So that’s the changes so far. Kate Aanenson: Yep so the implementation tool for some of these improvements tie back to the site plan improvements. Again this is all, would be all part of your motion. Mayor Laufenburger: Okay. th Kate Aanenson: So strike out from the last iteration that you saw on your October 10 under 2(c) would be relocating that northern, the driveway 100 feet to the south. They’re saying at this time as long as they’re using right-in/right-out that that’s sufficient. If they want to do more on site parking with more cars then they’d have to come in and provide additional parking on site and we revisit that issue as we talked about and a future conditional add that we talked about a traffic study at 6 months and 12 months. Mayor Laufenburger: Okay. Kate Aanenson: So that would be 2(c). Mayor Laufenburger: Yep. Kate Aanenson: 2(d) we took out the internal sidewalks. There is a sidewalk coming out of the back of the tent along the building that would follow going up to the front door so there is an internal sidewalk which is the safest way to walk along the building there. Mayor Laufenburger: Okay. Kate Aanenson: So that is in place. Mayor Laufenburger: Alright. 8 Chanhassen City Council – October 24, 2016 Kate Aanenson: Then E we modified to say a traffic study shall be completed within, instead of one year strike one year and say 6 and 12 months. Mayor Laufenburger: So this is 2(e). This is a change from the packet. Kate Aanenson: That’s correct. And then 2(f) we would qualify that by saying landscaping shall be planted and maintained per the PUD by the spring of 2017. Mayor Laufenburger: Okay. Any other changes? Kate Aanenson: That’s the only changes I have, or that I heard from the. Mayor Laufenburger: Okay and Kate just to clarify this site improvement agreement is referenced in the PUD so it automatically becomes part of the PUD, is that correct? Mr. Knutson that’s correct, okay. Roger Knutson: That’s correct. Mayor Laufenburger: Very well. Alright. Is there anything else of the staff report? Kate Aanenson: No unless you wanted to review some of the summary findings of the traffic study. We’ve worked hard to make sure that we’ve incorporated the comments that we’ve heard from your meeting based on the traffic study and how the operations are working to try to incorporate those into the revised PUD and also the site improvement agreement. Mayor Laufenburger: Okay. Before you have your concluding remarks, council is there any question that you would like to address to Mr. Pacyna who conducted the traffic study at this time? Okay. Ms. Aanenson any concluding remarks? Kate Aanenson: No. Just that we are recommending approval of the rezoning so there’s 4 actual items here. The rezoning for the PUD. From the IOP to PUD. The PUD ordinance itself. The site plan improvement performance agreement. The Findings of Fact and if you wanted to add the McGlynn Drive. Mayor Laufenburger: So right now the language on the screen does not reflect the McGlynn Drive ordinance for parking. So if we wanted to make that part of this it would be part of the motion. Kate Aanenson: Correct. Mayor Laufenburger: Okay. So let’s just remember that. Okay. Let me do this. Council, any questions of council, the council has of staff? Anybody? Okay. At this time I’m going to ask if 9 Chanhassen City Council – October 24, 2016 the applicant would like to speak to the council regarding anything that they’ve observed or any comments they would like to make. Just state your name and address please if you wouldn’t mind. Pat Mazural: Thank you Mr. Mayor, council members. I’m Pat Mazural, 9501 Virginia Avenue South, Bloomington and I am a consultant for Bremer Trust. Bremer Trust is the special administrator for the Prince Rogers Nelson Estate. There have been a number of hearings and sessions here and we just want to take this time to express our appreciation to you and to the staff. The staff was very diligent in looking at Paisley Park. Making visits there. Helping us with recommendations. From the beginning they have given us information and recommendations on the proposed operation which helped shaped the original proposal to you. And also we wish to express our gratitude to the council. There have been a number of concerns that you have expressed that we had not anticipated. Concerns that have been addressed. They have I think helped us to better understand what your city is looking for and have improved the operation of Paisley Park as we’ve seen over the last several days where it’s been open. Based rd on sessions with the City Council and the further recommendations by staff since October 3 we’ve implemented a number of modifications that were not here the first time we met. An expanded traffic study will provide all of us with greater comfort as to the traffic flow around Paisley Park. An amendment to routing of the buses was recommended by the Carver County Sheriff’s department and that has improved ingress and egress to the site. With the experience of several open days, 3 of which were the busiest projected days by the operator over the next year, we know that the busing option works. As you’ve heard Southwest Transit manager representative has stated that that was working for us over these last few days. The removal of memorials and management of pedestrian memorabilia has nearly eliminated, greatly reduced pedestrian traffic along the fence and recommendations from your City’s parks department as to what will occur along that strip will further reduce pedestrian traffic and in fact will beautify that fence perimeter. Regulated attendance has been adjusted by the operator to reduce peak times that are well within the traffic parameters that have been studied. Audubon Road has been restriped for traffic regulation. The parking lot has been striped, marked so that we have a specific number of stalls on the interior. An interior drive has been installed for queuing of incoming cars and a right only exit from the north entrance has been implemented. All of these are results of recommendations and observations from you and from your staff. If you approve the application for rezoning continuing communication with the City is desired and it’s anticipated and if needed continuing adjustments will be made. Our hope is that this is just the beginning of the conversation between Chanhassen and Paisley Park to continually improve the experience of the fans of Prince and the residents of the City. Our goal is that for Chanhassen Prince’s legacy will be as valued and welcomed as was Prince himself. Mayor Laufenburger: Thank you Mr. Mazural. Council any questions of the applicant at this time? Councilwoman Ryan. Mr. Mazural would you mind standing for a moment. 10 Chanhassen City Council – October 24, 2016 Councilwoman Ryan: Thank you Mayor. Two just points of clarification please. In the work session you mentioned or it was brought up that you’ve adjusted the hours of operation. Could you, could somebody speak to that? Pat Mazural: Well I think the hours of operation as anticipated and as we request are 9:00 to 9:00. What the operator has been able to do with pre-purchase of tickets has been able to regulate the flow of traffic. The flow of attendance at Paisley Park so that on certain days in fact those hours will be reduced if there isn’t a need for them and the anticipation is that the hour, that the days of Thursday and Sunday will be shorter in duration but in fact we would hope and expect that the PUD would continue with the hours that are approved, or that have been discussed. Councilwoman Ryan: So the change is just temporary correct? Pat Mazural: Well the change is variable and flexible and I think it’s a show by the operator that there is no intention to keep the site open just because it can be. That in fact it will be regulated and we’re limited by the 40 cars per hour and that’s something that the operator is able to see well in advance and regulate throughout the day. Councilwoman Ryan: Perfect and to that point, you know a lot of the traffic and the parking falls on the appropriate management in terms of traffic flow and parking and the spaces available and people moving in and out and I know there’s been conversation about a parking plan. Could you or could somebody in your group speak to that more directly? How you’re going to manage that from your relationships via the website and how you manage that? Pat Mazural: Yes Councilwoman Ryan. Through the website, through the pre-purchase of sales the operator is able to collect and has the email addresses for those who are purchasing tickets. Through that communication they’re able to maintain communication with the guests who are coming and that’s the way in which they can be instructed as to whether to park at the facility. Whether to go to the busing facility in order to be shuttled over there. Or any other changes that may occur so that’s an ongoing communication that’s able to happen with the operator and the guest. Councilwoman Ryan: Okay, alright thank you. Mayor Laufenburger: Mr. Mazural, Councilwoman Ryan’s questions were regarding hours but what are the intended days that the operator will be operating? At least for the foreseeable future. Can you speak to that? Pat Mazural: Yes for foreseeable future the operator intends to be open 4 days a week, Thursday through Sunday. Those are days that are certainly the most popular and the days on which, as I mentioned earlier Thursday and Sunday will be shorter, or are expected to be shorter with the full hours on Friday and Saturday. 11 Chanhassen City Council – October 24, 2016 Mayor Laufenburger: Perfect, okay. Any other questions of the applicant? Alright, thank you Mr. Mazural. Pat Mazural: Thank you. Mayor Laufenburger: We may have other questions for you so don’t go far alright. Just a reminder, we have many people in the chamber this evening and I’m pleased to have you here to observe our process and deliberating over this. There has been public comment available at the thrd Planning Commission on September 20. We also offered public comment on October 3 for th the council meeting and also on October 10 for the council meeting but I recognize that there may be people here this evening who have not had a chance to appear in front of the council so at this time I would like to open for public comment the opportunity for people who have not yet appeared before the council to come forward and express your views and I would just ask that if you do come forward to express your views, be respectful of the council and the chambers as well as the other people here and simply state your name and address and we’ll accept public comment for a few minutes. Come forward if you’d like. Vernelle Clayton: Mayor and members of the council, my name is Vernelle Clayton. I’m a resident of Chanhassen. I own a business in Chanhassen and I coordinate the Buy Chanhassen organization which is a quasi chamber type organization comprised of business owners and others here in Chanhassen. Mayor Laufenburger: Welcome. Vernelle Clayton: Thank you. In that role I recently sent an email around to the, we have a rather large email list and a relatively small paid membership but I sent an email. Mayor Laufenburger: Was that an advertisement? Vernelle Clayton: Yes it was. And basically what I said was, and I’ll kind of paraphrase is that we, that I as the Chair of the organization, not representing them per se as their thoughts was that we think that anything that brings, such as this, that brings business, more customers and clients to our businesses is nothing but beneficial to our community and that our businesses are, the more successful they are the better products and better services we all get and the more businesses will come and want to be here in Chanhassen and that just means nothing but lower taxes for the rest of us. So with that I invited them to respond and most of them were fairly unexciting but agreeable. You know one of them said right on which I don’t know exactly what generation he’s from. Mayor Laufenburger: We accept all generations. 12 Chanhassen City Council – October 24, 2016 Vernelle Clayton: Yeah exactly. Exactly. I’ll just relate 2 others that were a little more interesting. One was from a woman who had taken the bus one of the first days it was opened and noticed that on the way back people were saying well that was really fun. Now what do we do? Is there anything else going on in Chanhassen so she said Vernelle here is an opportunity. We have to have information on those buses as to what’s going on so that we can capture their enthusiasm and their dollars. The other one, and this one is well most of us are just okay taxes, customers, 1, 2, 3, 4. This one was much more poetic. She said, truly what a gift Prince and his family members are offering us yet again so we like the idea. Thank you. Mayor Laufenburger: Thank you Ms. Clayton. Is there anybody else that would like to speak at this time that has not spoken prior? Jeff Filipek: Mr. Mayor and council members. Sorry for jumping the gun earlier. Mayor Laufenburger: It’s alright. Jeff Filipek: Pretty excited about Paisley Park. Just echo a few things. Mayor Laufenburger: Your name and address please. Jeff Filipek: Jeff Filipek with the Southwest Metro Chamber. To echo a few things, again our appreciation for your thoughtful consideration and for all the work that the City’s done. I was able to take the tour last night and like was mentioned before, smooth. It was a really great experience and I’ll piggy back on some of what Vernelle had to say. We, I’m going to fall short of speaking on behalf of all 460 of our chamber members but last week a called a couple dozen of them. Restaurants, hotels, some retailers, gas stations in the area and it was a resounding yes. Paisley Park would be terrific for our community and for our businesses. One restaurant last weekend cited a 36 percent increase in business during the 2 hours so I know you have some obstacles to discuss and I appreciate that discussion but I think the economic impact and the benefit to the community for Paisley Park is going to be tremendous. Mayor Laufenburger: Okay, thank you Mr. Filipek. Is there anybody else who hasn’t appeared before the council would like to speak at this time? Tamara Erickson: Hello council members. I’m Tamara Erickson, Vice President and co-owner at Chanhassen Dinner Theaters. We at Chanhassen fully support Paisley Park happening as a museum here. We have been partnering with Paisley Park to work through some of the parking and transportation issues. They have been nothing but amenable to you know our requests. I mean I don’t think we’ve totally figured that part all out yet but I don’t see that as being something that’s insurmountable. You know we all at Chanhassen have a great love for Prince. We want to be part of maintaining his legacy in this community and supporting this venture. We think it’s really important for the community. Important for business. Keeping Chanhassen just growing as a tourist, really a tourist mecca. We see it really developing as Paisley Park partners 13 Chanhassen City Council – October 24, 2016 with all of us here in Chanhassen to bring us to the next level and we see a really great future if this thing goes through. Mayor Laufenburger: Thank you Ms. Erickson. Tamara Erickson: Thank you. Michael Brindisi: Hi council members, Mayor. Mayor Laufenburger: Your name and address please. Michael Brindisi: Michael Brindisi, 8035 Erie Avenue, Chanhassen, Minnesota. My cohorts encouraged me to get up and say something. They said you live here. You should say something. Mayor Laufenburger: You live and work here don’t you Mr. Brindisi? Michael Brindisi: Yeah I’m the president of the Chanhassen Dinner Theater. My partner just spoke Tamara Kangas Erickson. You know I’ll tell you what I just, they said say something and the first thing that came to my mind was when I was very young I used to say to myself I don’t want to be 40 years old and look back and say there was something I wanted to do that I should have tried and now I think when I’m 80 years old I don’t want to look back and think of something I haven’t tried. I sort of run my life having faith in people. I always trust my audience. I believe in them. I believe that they’re smart. I always think of them as smart people and that makes me be smarter and I kind of put a white piece of cloth on the stage and say it’s a castle and believe that they’ll believe it’s a castle. I just believe in people and I don’t think there’s anything that we as a community can’t do but I don’t think we want to be here years from now thinking I wish we had tried that. Thank you. Mayor Laufenburger: Thank you Mr. Brindisi. Anybody else? Michael Engelhardt: Council members, Mr. Mayor. Mayor Laufenburger: Your name and address please. Michael Engelhardt: Yeah my name is Michael Engelhardt. I live at 403 Santa Fe Trail. Mayor Laufenburger: Welcome. Michael Engelhardt: Thank you. I’m sorry if I’m a little outdated with some of my information but I did work at Paisley Park the opening night. What is it like 3 weeks ago now I guess as a parking attendant and I noticed a lot of problems there. I understand that they are addressing 14 Chanhassen City Council – October 24, 2016 some of those problems but I did notice one big problem that has not been brought up in any of the meetings. I don’t know if there was a working meeting before this meeting. Mayor Laufenburger: There was but. Michael Engelhardt: Okay I don’t know. Mayor Laufenburger: Speak freely Mr. Engelhardt. Michael Engelhardt: Yeah I don’t know if it was brought up but all the people that were arriving by Uber and Lift and taxi cab could be dropped off inside the facility. Inside the fence but then when they were being picked up they had to cross Audubon and get picked up on the corner of, what is it, McGlynn and Audubon. I don’t know if that has been addressed or if that has been fixed but I do think that will need to be addressed in the future because I mean we obviously don’t want a lot of pedestrians crossing Audubon and a lot of pedestrians don’t know to walk all the way down to Highway 5 to cross and then walk down to McGlynn so I think that will need to be addressed in the future as a designated pick up location for these people arriving if, that don’t arrive by bus or by, or take their own vehicle. And also I do think there should be more signing at the location. One of the things I noticed on the first night is the main sign for the location had not changed so it still said just the address. It did not say Paisley Park Museum. It did not say Paisley Park studios. It just had the address and it said main gate, the north gate and we had, at that time everybody coming in the south gate so I don’t know if that sign has been changed. I haven’t had a chance to go out to the location but obviously I think that sign will need to be changed so people know first of all what the actual thing is. I think there should be a sign that says Paisley Park Museum. And second of all to note that the north gate is for buses. And thirdly I think, I just, I feel that this whole process has been really rushed from the beginning. I like to look back and note that Graceland did not open until 2 or 3 years after Elvis passed away and I just feel like this whole process of opening Paisley Park has been really rushed from the beginning. Prince, may he rest in peace, died in April and now we are opening the museum 6 months later. Less than 6 months later so I think what I would recommend, what I would like to see the City Council do is to make sure that all these improvements that are looking at being made like expanding the parking lot. Regulating traffic are actually made before opening the museum full time because the thing I’m especially concerned about is the bus traffic and especially in the winter when there’s going to be 6 foot snow drifts on every corner and we’re going to have buses traveling back and forth between the transit station and Paisley Park. I’m just really concerned about pedestrians getting, or those buses being in danger because of a lot of snow and ice and that’s my comments. Thank you. Mayor Laufenburger: Thank you Mr. Engelhardt. Is there anybody else who’d like to speak? Scott Jesse: Yes Mr. Mayor. My name is Scott Jesse. I live at 8198 Stone Creek Drive here in Chanhassen. I’m a life long Prince fan so I want to start with that. In past council meetings you had asked people to state their position. I’m definitely for Paisley Park as a museum. 15 Chanhassen City Council – October 24, 2016 Mayor Laufenburger: You’re welcome to state that position Mr. Jesse. Scott Jesse: And I have some concerns. Mayor Laufenburger: You’re welcome to state those too. Scott Jesse: Thank you. So we’ve had a lot of empirical data from staff and from the traffic studies which is great. I’m going to provide some anecdotal experience, sort of a self described expert due to my proximity to Paisley Park. My residence is less than 1 mile from the entrance to Paisley Park. Pedestrian traffic on Audubon is a problem. Has been a problem and continues to be a problem that has yet to be addressed adequately. I’m concerned that people are going to get hurt. The barriers that have been put up to prevent people from walking across the street on Audubon have actually caused some pedestrians to walk in the street along those until they get to an access point. It’s a very scary situation because I drive by there every day. To get to my house I must drive past Paisley Park and that’s been an honor for the last 14 years. I am just concerned about the way this is being handled from a traffic standpoint. Pedestrian traffic is a problem. Car traffic is a problem and right in and right out does not necessarily fix the problem because there’s now stacking on Audubon to get in to Paisley Park. I have safely taken a picture from my vehicle with a passenger taking the picture of a bus double parked with it’s hazards on sitting there waiting to turn right with it’s hazards on sitting there. That’s a problem. You cannot go around that safely. You have to wait until that bus moves. That bus is not intending to th move for a period of time if it’s hazards are on and that is my experience on October 13 of this month. Cars. Uber and taxis were brought up. That is absolutely the case. It’s a massive safety hazard because people are being dropped off at that north entrance and/or picked up at that north entrance and the Uber or the taxi drivers are stopping and that is preventing myself and other car traffic from going past there safely. That has to be addressed. You cannot allow taxi drivers to just stop right there and pick up and drop off on a street that’s designated for I think it’s 50 miles per hour on Audubon so that’s a concern. You know a laundry list of things that I want to be very succinct and make sure that I’m cognizant of your time but just a couple of bullet point things. We are all fans of Prince I think. You know most people are fans of Prince and we want to show our respects. That has been changed. That has been taken away from us by not allowing any more things to be put on the fences and there needs to be a location so that people can show a place for their respects. There is McGlynn Drive is packed. Anytime that you go drive by McGlynn Drive it is full and that has to be addressed. You can’t, I heard in the working session earlier that maybe we could separate those and that’s up to you guys as the experts. I’m just telling you that that drive is constantly packed with cars and people are crossing that street and although there was a study being done and I’m sure that it was done with appropriateness, the problem is people are still illegally walking across the street as they shouldn’t. And then the restriping is great but it isn’t enough. The cones that are there need to be made permanent so that people do not turn left into the north entrance. That is a dangerous situation that you have to address with a permanent solution, whether it be curbing or what have you. And the last comment I wanted to make was with regards to the hours of operation. You know please don’t 16 Chanhassen City Council – October 24, 2016 leave the hours of operation up to the operator. That’s like the fox guarding the hen house. We need to have somebody who is relegating it to something similar to what the 5 year process that happened for Graceland. If the hours are Graceland are successful for Graceland why can’t we implement those same hours here? Why do we expecting longer hours, deeper hours that will impact me and my family and my children as we’re trying to utilize this part of our life because that’s exactly where we have to go anytime we go in or out of our house. With that that’s all I have, thank you though. Mayor Laufenburger: Alright, thank you Mr. Jesse. Is there anyone else who would like to speak at this time that has not spoken to the Planning Commission or the council before? Alright. Then with that I will bring this back to the council. Council any questions that you would like staff to address at this time? If not I will open this for council discussion and/or motion. Kate would you put that motion up in front of us please. Councilwoman Ryan: Mayor I have some questions please. Mayor Laufenburger: Oh please, please. Councilwoman Ryan. Councilwoman Ryan: While I think a couple good points were brought up. Mr. Oehme you did mention in the work session about the, I don’t want to call it the pork chop but that’s what’s stuck in my head so if you could address the removal of the cones to make sure that the no left turn is permanent. Paul Oehme: Yes so Councilwoman Ryan so the intent would be to, we have two options. One to have the right-in/right-out at the intersection of the entrance, the north access to Paisley Park. Have a splitter median basically or sometimes they call it a pork chop island in the middle there so you can only go, exiting out to the north and come in from the south so you can’t make that left into the site. That’s one option. The other option is to basically put a concrete median, extend the concrete median from the intersection of Highway 5 where it is today, south past that north access point and so you cannot make a left into Paisley Park on the north access point so those are those two options so I think it would be probably staff’s recommendation to extend that center median on Audubon down south farther than it is today so there’s no opportunity to make that left into that north access roadway. Councilwoman Ryan: And so as part of the process is that something that then should be added to what? Kate Aanenson: The Site Plan Improvements Agreement. Councilwoman Ryan: The Site Plan Improvement Agreement to make that a permanent structure. Paul Oehme: Yeah that would be fine, yep. 17 Chanhassen City Council – October 24, 2016 Mayor Laufenburger: Just let me stop for just a second. Councilwoman Ryan are you specifically suggesting that that be the solution or are you suggesting that staff work with the operator to come up with the best solution? What’s your suggestion there? Councilwoman Ryan: My suggestion is that would be the solution to eliminate any potential left turns and so make it per Mr. Oehme’s recommendation I agree that I think that should be part of the site improvement. Kate Aanenson: We do have a condition in there. If you look at under 2. It’s numbered incorrectly so it would be 2(d). It says (a) and that would be the restriction would limit potential for motorists traveling along Audubon Road, a pork chop island should be placed to control the right-in/right-out. So it’s on page 2 of that, of the site improvement agreement. Mayor Laufenburger: What’s the section and what’s the letter again? Kate Aanenson: It’s under required improvements. Mayor Laufenburger: Required improvement, Section 2 of the site improvement agreement. Kate Aanenson: So under (c). Mayor Laufenburger: (c). Kate Aanenson: So it would allow the northern access to remain but then the qualifier under that would be that this restriction would limit potential motorists from traveling along Audubon Road a pork chop island should be placed in the access to control right-in/right-out so the other option would be as stated by the City Engineer would be extend the median would be the other option. Mayor Laufenburger: Okay just before you do that. Mr. Oehme is there any other, anything else that could be done? I understand your recommendation of extending that but is there anything else that could be done? Paul Oehme: Permanently I think those are our two best options. Mayor Laufenburger: Okay are you prepared to accept then that if we stipulate that it be a permanent barrier, pork chop little gravy on it, pork chop that you’re willing to accept that that’s a solution that you’re prepared to go with? Paul Oehme: Correct, yeah I mean either. Yes. Mayor Laufenburger: Alright I was just, the only question I was trying to answer is, is that what you want to stick with because if that’s what you want to stick with then we should make that 18 Chanhassen City Council – October 24, 2016 part of it. If you would like time to review other options then tell us that but I don’t think that’s what you’re telling us, is that correct? Paul Oehme: No. I think staff’s comfortable moving forward with saying. Councilwoman Ryan: For the permanent structure. Paul Oehme: Right. Mayor Laufenburger: Okay so Kate your modification is under the Site Improvement Performance Agreement, item 2(c). Kate Aanenson: Correct. Mayor Laufenburger: Language to reflect a permanent barrier on the median. Kate Aanenson: Yes. Well we actually qualified it by saying a pork chop but. Paul Oehme: We can strike that. Kate Aanenson: You can strike it and say permanent barrier if that’s. Mayor Laufenburger: Okay, duly noted. Anything else Councilwoman Ryan? Councilwoman Ryan: Yes. A couple more things. The signage. I know everything has to be approved in order to put signage up. What is the ultimate plan for, you know it’s been discussed at the last couple meetings, I mean one obviously an identifying sign that this is a museum but we had mentioned some road signs. Directional signs as well as enter only. Exit only. Those types of signs. What would be the timing on that? Paul Oehme: They should be going up you know as soon as the, this item would be approved so that would be part of the approval to get those signs up as soon as they, it’s been approved. Councilwoman Ryan: Okay. And then last I’d like to discuss as a council or hear from the applicant to address the concerns about Lift and Uber and taxi cabs and how they are planning on facilitating those vehicles entering but more importantly my understanding is that the pick up is where the concern exists. Mayor Laufenburger: So let’s ask staff, have you had dialogue with the applicant about this? Okay Mr. Mazural would you mind coming back to the or Mr., and wait for me to ask this question before you answer it okay. Go ahead you can go there. The question is. Joel Weinshanker: Joel Weinshanker, New York, New York. 19 Chanhassen City Council – October 24, 2016 Mayor Laufenburger: Oh yeah thank you Mr. Weinshanker. The question is have you thought about how you’re going to solve this problem of Uber and Lift cabs in queuing? Joel Weinshanker: So specifically to Uber and Lift, once approved Uber and Lift will allow us to designate the area, just like you would at an arena or even the airport where there’s a designated area so everyone knows to go exactly at MSP, Uber and Lift they know exactly where to go. Once approved Uber and Lift will allow us, we’ve already been in contact with Uber and Lift. It’s just another phone call but they’ll allow us to tell the driver exactly where to come because I’ve had, to be very frank I’ve taken an Uber back and forth and the drivers just don’t know where to go so once we make, you know on their GPS, on their thing it will tell them come into here. Go into here and once that happens we’ll allow not on the in, we’ll allow them to come in but also any Uber or Lift and they all have the little square will allow them to come into allow people, and at the end of the day we should allow them to come up to the tent so it shouldn’t even be. So we should treat them like not dissimilar from how a handicap person would park. So they would come in. Come up to the, come up to the tent. Come up to the exit and then we would allow them to come in and out. As it relates to a taxicab company we can certainly, with the help of the City and staff identify all the different companies that would be a possibility from the airport to local and we would have those same conversations. Mayor Laufenburger: So it sounds like Mr. Weinshanker what you want to do is, if approved you will bring the Uber, the Lift, the cabs onto your property. Work with the, whoever the ticket holder. Let them exit. Either let Uber or Lift stay there or direct them somewhere else to come back at a time that the exit is. Joel Weinshanker: They won’t stay and it’s been my experience that actually there are a number of Uber drivers who are actually Chanhassen residents so they’re home and then they get a thing and they come right here. I’ve had 2 Chanhassen residents actually take me to the airport so, but it would be impractical for them to stay. Mayor Laufenburger: Okay. Stay right there. City staff where would you like those Uber and Lift cabs to wait once they leave Paisley and they have to wait for an hour or so, where would you like them to be? Lake Ann Park? No. Joel Weinshanker: They’re going to go to other calls. No one’s going to wait. Mayor Laufenburger: Mr. Gerhardt? Todd Gerhardt: We want them on site. Mayor Laufenburger: You want them to stay on site? 20 Chanhassen City Council – October 24, 2016 Todd Gerhardt: Yep. Just like if we allowed up to 40 cars per hour we want Uber, Lift and the taxis to go on site. Drop their passengers off and then exit just like the buses and cars would. Mayor Laufenburger: Okay. Councilwoman Ryan does that answer your question you think? Councilwoman Ryan: So just for clarification, why didn’t you allow them before? Were they not allowed to come back on? Joel Weinshanker: It wasn’t that they were allowed it’s when they get a fare it’s what the GPS tells them to do. So normally, so right now there are no special instructions within the Uber and Lift system for Paisley Park so they were unsure of what to do but it’s very simple, and it’s done all the time. The Dinner Theater may even have a similar situation where we just instruct them come in the south gate. Come through here and here’s what you’re going to pick up people so we’ll have a designated pick up area just like the airport does. The airport has a designated pick up area and the Uber and Lift know to go there and the people know to walk there. Councilwoman Ryan: Okay so then this designated area I’m assuming it’s like similar to where the buses are picking up? Joel Weinshanker: Exactly. Councilwoman Ryan: And so how does that work for back up and queuing and that now that you’re going to have, if you say a number of Uber and Lift and taxi cabs are coming in I would guess that that’s adding to the. Joel Weinshanker: It’s a small, small number. Councilwoman Ryan: Okay. Joel Weinshanker: So we’re looking at, I’m going to ask Shannon Pratt, one percent. Less than one percent. Less than one percent of the people are doing that and if instructed by the City staff if it became an issue when we are having buses in, we can instruct them to drop them off at, at the. Mayor Laufenburger: The bus terminal. Or the transit station. Councilwoman Ryan: Okay. Okay, thank you. Mayor Laufenburger: Good question, thank you. Any other question or, Mr. Campion. Councilman Campion: My comment along the lines of signage Mr. Mayor. I’ve gotten some commentary via email, et cetera that those ticket holders flying in from out of state or outside the Midwest may not know what a parking ramp is and so that we may have to. 21 Chanhassen City Council – October 24, 2016 Mayor Laufenburger: Differentiating between a ramp and a garage right? Councilman Campion: Correct. Just wanted to state that for the record. Mayor Laufenburger: Yeah is it soda or pop? Is it chewing gum or Chiclet like? Just, Councilwoman Ryan asked this question I think in the work session and I’m going to just usurp her asking it, Mr. Mazural would you mind just addressing this for a second? Bremer Trust has been given it’s authority by the Judge to operate as a museum. Pat Mazural: That’s correct. Mayor Laufenburger: That’s correct. And Bremer Trust has essentially responsibility for everything that happens on that site, is that correct? Pat Mazural: As long as it’s the special administrator which is it’s role correct. Mayor Laufenburger: But things like what happens on the tour, how people buy tickets, interaction with PPark Management LLC, that is clearly not the responsibility of the City. That is the responsibility of the operator is that correct? Pat Mazural: That’s correct. Mayor Laufenburger: Okay. Just needed to make sure that that’s on the public record because I think that certainly it’s reflected in some of the communications that all of us have received that there are people that believe that the City of Chanhassen has some you know financially, fiduciary beneficial interest in this and that’s not the case. We’re just trying to manage this from a zoning standpoint. Okay. Pat Mazural: Correct Mr. Mayor. Mayor Laufenburger: So thank you Mr. Mazural. Any other questions or comments? Or motion. Kate Aanenson: Mayor I just want to make one comment. I did modify the motion to add the no parking on McGlynn. The resolution for approving no parking. That was added. Mayor Laufenburger: So right now we’re looking at 5 elements to this is that correct? Kate Aanenson: That’s correct. 22 Chanhassen City Council – October 24, 2016 Mayor Laufenburger: We’re looking at the rezoning to the PUD. The PUD ordinance itself. The Site Improvement Performance Agreement as recently modified. The Findings of Fact and the resolution of no parking on McGlynn. Kate Aanenson: That’s correct. Mayor Laufenburger: And we can handle those all together or we can handle them independently. Okay. Councilman Campion: Mr. Mayor? Mayor Laufenburger: Mr. Campion. Councilman Campion: I’ll make a motion. The City, the Chanhassen City Council approves the rezoning of Lot 11, Block 1, Chanhassen Lakes Business Park from Industrial Office Park (IOP) to Planned Unit Development (PUD) and adoption of the attached PUD ordinance, Site Improvement Performance Agreement, Findings of Fact and No Parking Resolution for McGlynn Drive. Mayor Laufenburger: Okay, just let me clarify. You didn’t state it but the Site Improvement Performance Agreement as modified by Kate Aanenson within the last few minutes. Councilman Campion: Correct. Mayor Laufenburger: Reflecting the permanent structure preventing. Councilman Campion: Replacing the pork chop. Mayor Laufenburger: Exactly. Exactly. Kate Aanenson: Also modifications that were stated in the PUD. Mayor Laufenburger: Right. That we went over individually. Okay we have a motion. Is there a second? Councilwoman Tjornhom: Second. Mayor Laufenburger: Councilwoman Tjornhom seconds that motion. We have a valid motion and a second. Is there any discussion from the council members? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilwoman Ryan. 23 Chanhassen City Council – October 24, 2016 Councilwoman Ryan: I’d like to share some thoughts if I may. Mayor Laufenburger: You certainly may. Councilwoman Ryan: I will be voting in favor of the rezoning. However I think it’s important to express some of the things that have happened over the last 3 weeks. So from the onset I did feel similar to the gentleman that spoke earlier today that the proposal felt a little bit rushed and it’s funny because I live by the 5 P’s if many people are familiar with that. That prior planning prevents poor performance and the prior planning piece is what was missing for me but over the course of the past few weeks a lot of the concerns and issues that I had have been addressed and including traffic studies, the McGlynn, the road closure, you know some of the landscaping. Management coming up with a more of a parking lot plan to facilitate limited cars and buses and some of the other things that we addressed tonight in terms of making changes tonight with Uber and Lift and noting some of the hours of operation. These were the changes that we made as a council because we took the time to slow down. Ask some questions. Observe and then alter the original proposal so that operationally from the City’s perspective the museum could run effectively and safely with limited impact to the neighborhood. I think that we did a good job checking the boxes before proceeding so I want to say that I appreciate the hard work and the questions that were asked by my fellow council members. From staff as well as Paisley Park Management to get these things accomplished. However I know this was briefly addressed at the last meeting, I want to make mention again tonight. There is a process that every business, resident and anyone who comes before the City with plans is required to follow and as councilors it is our responsibility to treat every proposal equally, holding it to the same high level of standards. It is clear now that the initial proposal that we received was incomplete yet somehow the council took the blame for not moving forward. And then at the second meeting many questions were addressed but still questions remained so we again put it on hold. In the back and forth in my mind created a swirl of emails and gave the City of Chanhassen somewhat of a black eye. We took the brunt of hundreds of emails from very upset people blaming us, the City Council and some of those emails, as my fellow council members would probably attest to were somewhat ugly and insulting. So again with proper planning this could have been avoided. On the flip side we heard from many residents who appreciated us slowing down to ask the important questions. To challenge the speed at which this was moving because they know Paisley Park is going to address and affect them daily and directly. So our number one priority was to represent the people of Chanhassen and be responsible in our decision making. I firmly believe that Paisley Park will be a great asset to this community. As with many businesses that operate here, many of those who spoke tonight as well as the thousands of residents who live in Chanhassen we value the relationship that exists between the two so we want to work together. Show each other respect that is equally deserved so we can do what is best for our community as well as the thousands who visit. So our goal was to get this right and let’s make sure we do. Thank you. Mayor Laufenburger: Thank you Councilwoman Ryan. Any other comments? 24 Chanhassen City Council – October 24, 2016 Councilman Campion: Mr. Mayor? Mayor Laufenburger: Mr. Campion. Councilman Campion: I believe I’d like to echo a lot of Councilwoman Ryan’s comments. I’d say despite an initial bumpy road you know with the way that this got started with the pre-sale of tickets that the operator has worked with the City in good faith in addressing the concerns and issues and while all this might be happening pretty quickly relatively if you compare it to Graceland or others, yeah I don’t feel like we should create obstacles just to draw it out more. I feel that we’ve addressed a lot of the concerns and will it be perfect? Is it perfect? No but it’s a work in progress and I think it’s only going to get smoother as it goes forward. I believe that this is good for Chanhassen and I look forward in the future to buying tickets and taking my family on the tour. Mayor Laufenburger: Thank you Mr. Campion. Anybody else? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Councilman McDonald. Councilman McDonald: Yes, thank you. From the onset I’ve never been against Price’s studio becoming a museum. What I was against was as Councilwoman Ryan had stated, it was very poor planning. I had a lot of issues with the fact that I knew a lot of things had not been thought through. Initially what I wanted in order to make this work I wanted a trial period. I got roughly a month and at that point we did hash out a lot of problems that no one had thought about that did pop up. We’ve now made this a much better, at least a much better product from the standpoint of getting people to and from the museum and I do wish to thank the Paisley Park Management for working with us instead of just burying your head in the sand and you know trying to fight against us. You have been very cooperative and very open to the suggestions that we have been making so I do appreciate that and it goes a long way towards again getting me to really support this. The thing that still bothers me the most is you know one of the things that Councilwoman Ryan spoke about is treating everyone fairly. Prior to the meeting tonight in work session we dealt with another developer that has been a couple of years in the making. They have been a couple of years trying to go through and get a plan through, not only this council but prior councils and there have always been problems and it always revolves around traffic, use, what they’re going to do with the site and the impact upon the surrounding area. I do agree that one of our responsibilities as council members is to look out for the citizens and that’s what we’ve been trying to do. I feel much better about voting for this because we did manage to get a 6 month review period and also a year review period and that’s all I’ve ever wanted from the very beginning was to at least have some leverage to go through and as these problems pop up how do we address them. How do we go back to the operator and say you’ve got to fix this because a PUD is very permanent and once a PUD is passed we don’t have a lot of options as far 25 Chanhassen City Council – October 24, 2016 as going back and again getting changes to make everything work better so I’m very pleased with the way the process has worked it’s way out. I’m glad that the operator did agree to the review periods. I’m glad that they’re working again to improve the traffic. The fact that you’ve now gone and reduced the days from 7 back down to 4 I think is you know very good. I know at some point you’re going to come back and you want to go all 7 days but by that time I’m hoping that you’ve really got something that you can operate with and you know the in’s and out’s of and the community also knows the in’s and out’s of so because of all that I’m more than willing to support it tonight. I think it will be a great addition to the City of Chanhassen. I have heard from a number of members in the business community that have again told me what it means to them and I understand that being a member of Vernelle’s very small group of people. Mayor Laufenburger: Wait are you a paying member? Councilman McDonald: No, well I do pay something. Mayor Laufenburger: Okay, good. Councilman McDonald: But yeah I understand all of that and one of the things I’ve always run on was we need to improve the business climate within our community. I’m hoping that the museum will help to do that because of the spillover to other businesses so all I can say is welcome to the community and thanks for working with us. Mayor Laufenburger: Thank you Councilman McDonald. Anybody else? Councilwoman Tjornhom: Yes Mr. Mayor. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: Thank you. At the beginning of this process the Mayor did ask us a question. Are we supportive? Is that what you said? Was that the word you used? Mayor Laufenburger: Are you support or support with concerns or are you in opposition. Councilwoman Tjornhom: Support, I just wanted to see if it was supportive or what it was and I had said that I was supportive with, what was the word you used? Mayor Laufenburger: Concerns. Councilwoman Tjornhom: Concerns, thank you. It seems like that was a long time ago doesn’t it? Mayor Laufenburger: 3 weeks. 26 Chanhassen City Council – October 24, 2016 Councilwoman Tjornhom: We’ve all spent a lot of time together in these chambers. And back then I said I was supportive with concerns and I, one of my main concerns and I couldn’t put a finger on it until I really thought about it and that is transparency. If you go to our website, if you talk to our neighbors, you talk to anybody in this state, this country we’re all screaming for transparency. You know just do the process. Be honest and let’s work through whatever we are working with and Paisley Park was never a bad idea. Turning it into a museum. It had obstacles. Not problems, obstacles and I always believe that obstacles are not impossible to solve but we all have to figure out what those obstacles are and how to solve them and I think the process just started out really rough. It started out really fast. In my time as a council member, and I won’t tell you how many years that’s been but I can tell you that man we will hold homeowners to the fire for having not enough impervious surface or pervious surface and we’ll bring them back to 2, 3, 4 times just for that and so just to go ahead and rezone something without having the public being part of the process also which was really important to me, to let their voices be heard just seemed that’s not who we are and that’s not how we do business and so I appreciate staff. I appreciate the applicant and my future. My future? My council members besides me tonight for sticking in there. You know I’m hoping that when we leave tonight, I don’t know if you’ll still be here but you know we can shake hands in the parking lot and welcome you to Chanhassen and thank you for investing in us and I really do feel that way so thank you so much for your patience and your diligence in helping us solve some obstacles and working through them so I too will be supporting this tonight. Mayor Laufenburger: Thank you Councilwoman Tjornhom. There was a question that was raised 3 weeks ago that continues to resonate in my mind and it was a legitimate question and that is, do we want to be a tourist town. In my view there are elements of Chanhassen that are characterized as an attraction or a destination. Whatever words you choose but by definition tourists are people who travel to our town for the purpose of entertainment or pleasure. We love it when people come to our community. We conduct festivals to bring people to our community. We build businesses to bring people to our community. We love it. Businesses love it. Neighborhoods grow as a result of it. Commerce and industry follows. Civic organizations grow. Schools rise up to serve the community. Opportunity, prosperity and goodness abound. And if you’re not convinced just look at this recent lifestyle guide from Chanhassen Villager. It talks about the good life in Chanhassen. In the City of Chanhassen we’ve observed for the last 50 years that people, business and industry have found something in this city that they want to be a part of. Yep, even Prince found it to be a nice place to call home and he chose to stay here. To own property here to build his business and his reputation right here. Now during these 50 years that Chanhassen’s been a City the City leaders have guided development and growth in a responsible manner and the City has been recognized and awarded for that over the last several years. Now yes, we’ve had some hiccups and a few stumbles along the way but the results show that this community has continued to retain it’s character, quality of life while respecting the rights of our residents and welcoming visitors and new residents in a hospitable manner as they arrive. Now the truth is we do not know what the future holds in the coming years. There are likely circumstances that we encounter that will challenge all of us to modify our Comprehensive Plan. Our expectations. We may have to rethink green space and retail uses throughout the city. 27 Chanhassen City Council – October 24, 2016 Guidelines for development might have to change or adjust to an aging population. In 1967 City Fathers did not know what would happen during the subsequent 50 years and beyond but like all of us today they were asked to plan as best they could and be prepared to observe and adjust the plans as necessary and through all we do we help residents and visitors enjoy, prosper, preserve and enrich our community for generations to come. Now the City did not work to build the reputation of Prince Rogers Nelson. He did that with his own creativity, his genius and his artistry. But what Chanhassen did was make this the community in which he chose to stay. There’s nothing that we as a council can do to change the feelings and the passion that Prince fans around the world have about Paisley Park, about Prince and his legacy. My belief is that these people are going to come and they will pay their respects to his legacy and they will rd process his untimely death as they choose. Now to the question that was raised October 3. Do we want to be a tourist town? I believe that question was answered years and years ago and has been reaffirmed repeatedly ever since. The only question that remains is will we as a community welcome Prince fans, whoever they are and wherever they come from with hospitality and all that that requires or not. All those in favor of the motion signify by saying aye. Councilman Campion moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves, with amendments by City staff, the rezoning of Lot 11, Block 1, Chanhassen Lakes Business Park from Industrial Office Park (IOP) to Planned Unit Development (PUD), adoption of the attached PUD Ordinance, Site Improvement Performance Agreement, Findings of Fact and No Parking Resolution #2016-70 for McGlynn Drive. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5-0. Now before you go, in just a moment I’m going to ask for a 10 minute recess. By the way did you record that 5-0? Did you get that Kate? In a moment I’m going to ask for a 10 minute recess but before I do let me offer some additional comments. I want to say thanks to all the people that either raised their voice here in the council chamber at City Hall or through the public hearing or during public comment. I know that it takes a little bit of moxie to step up to that microphone. Trust me your voices were heard. I also want to thank the hundreds of people who voiced their views via email, via social media, via personal conversations with members of the council, your voices too were heard. I also want to say thank you to the folks at Bremer Trust and PPark Management who have followed our process through interaction with the City staff and with residents. You’ve made adjustments in your plans and operational in response to the City’s request and also to those visitors and potential visitors. Now yes, as Councilwoman Ryan mentioned I recognize there are disappointments from some resulting from our deliberations but I’m trusting that you PPark Management will continue to provide your customers with the assistance that you can. And I also want to thank City staff for being responsive to council’s request for information and adjustments. Your wisdom, your experience as always is of the highest quality. Your job is to ensure that this council has the information we need to make the best decisions for the City. Once again you have succeeded in your job. Thank you. And to my fellow council members I’m proud to serve with each of you. I respect your views and your concerns. Your questions 28 Chanhassen City Council – October 24, 2016 and desire for deliberate discussion has resulted in a policy decision on which City staff, the operators and this community can execute with confidence and with precision, both now and in the future and I say thanks to each of you. Now at this time we will recess at 8:20 until 8:30. I know some of you will want to exit the chamber. We are in recess for 10 minutes. There was a 10 minute recess at this point in the meeting. PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER ACCOUNTS; AND DELINQUENT CODE ENFORCEMENT VIOLATIONS. Mayor Laufenburger: We do this every year. Mr. Oehme is this on you? Mr. Sticha. Welcome Mr. Sticha, nice to have you here. Greg Sticha: Good evening Mayor. On an annual basis staff requests of City Council per the City’s ordinance as well as state statutes 429 and 444 the certification of delinquent code enforcement and utility accounts to the County Auditor. Taking a look at the numbers as compared to previous years and noted in my memo to council, very similar as compared to previous years. We are asking for certification of 2 delinquent code enforcement violations. This compares to 3 from the previous years. This year’s total is $1,200 as compared to $859 from the previous year. The current status of our delinquent utility accounts is 230 accounts with a total value of $130,000 as compared to 229 accounts with a total dollar value of $125,000 compared to last year. The process as you’re familiar with previous years is to have a public hearing. Give those who are on the certified delinquent list an ability to present to council reasons for not having those certified. We have not been presented, staff has not been presented any requests for not hearing a dispute of the certifications. The delinquent utility accounts will be certified to the st County Auditor if council approves this evening on December 1. Residents still have until rd November 23 to pay their delinquent accounts. Usually between now and the middle of November we have approximately a fourth to a third that will pay their accounts in full so typically the amount that gets certified to the County Auditor is about 75 percent or a little less of the amount that’s presented this evening. With that I will take questions from council and then ask council to open the public hearing. Mayor Laufenburger: Okay, thank you Mr. Sticha. Any questions of council? Councilman McDonald: I have a question. Mayor Laufenburger: Councilman McDonald. Councilman McDonald: Mr. Sticha, I know in the past that we’ve talked about identifying delinquent users and we’ve always kind of sided on the side of privacy. At some point does this become public? Is it printed anywhere that you know so and so is delinquent in their bills? 29