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CC Minutes 06-28-21CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert, and Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Kelly Strey, Finance Director; Lance Pearce, Police Lieutenant; Don Johnson, Fire Chief; Sergeant Stahn. PUBLIC PRESENT: Joseph Perttu, 681 Sierra Trail. PUBLIC ANNOUNCEMENTS. Invitation to 4th of July Celebration Mayor Ryan invited the community to the City of Chanhassen’s largest community event of the year, the 38th Annual 4th of July Celebration. The celebration will be held on July 2, 3, and 4 at City Center Park and Lake Ann Park and is presented by the City of Chanhassen and the 2021 Community Event Sponsors. The schedule includes a carnival, business expo, Taste of Chanhassen and Beer Garden, kiddie parade, skateboard competition, live music, street dance, fishing contests, classic car show, parade, and fireworks. Mayor Ryan thanked City Staff for their continued efforts and hard work on this event – she knows it takes months and they all really appreciate it. CONSENT AGENDA. Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. Councilman McDonald moved, Councilwoman Schubert seconded, that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated June 14, 2021 2. Receive Planning Commission Minutes dated June 1, 2021 3. Receive Senior Commission Minutes dated May 21, 2021 City Council Minutes – June 28, 2021 2 4. Receive Environmental Commission Meeting Minutes dated May 12, 2021 5. Receive Economic Development Commission Minutes dated May 11, 2021 6. Approve Claims Paid 06-28-2021 7. Approve Consultant Contract Amendment for the Minnewashta Parkway Improvement Project 8. Resolution 2021-28: Approve Cooperative Agreement for the Minnesota Statewide All- Hazards Incident Management Organization 9. Resolution 2021-29: Approve Cooperative Agreement with Riley Purgatory Bluff Creek Watershed District for Rice Marsh Lake Water Quality Improvement Project 10. Resolution 2021-30: Establish No Parking Zone for Picha Drive 11. Appointment of Ryan Soller to the Economic Development Commission 12. Resolution 2021-31: Accept a Memorial Donation from the Family of Senior Center Patron, Martha Walker 13. Approve Lease Agreement Amendment No. 1 with Verizon Wireless for Water Tower No. 2 14. Resolution 2021-32: Accept the Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. JOSEPH PERTTU-CITIZEN ACTION REQUEST Joseph Perttu, 681 Sierra Trail, is before the Council in opposition of City Code Section 20-909 and feels he should be able to park his boat in his driveway. He has lived in Chanhassen for 25 years on three properties and has never been served with a complaint. He read a letter that a complaint was received regarding Mr. Perttu’s property which noted he may be illegally storing items on his property. It stated continued storage of boats, all-terrain vehicles, snowmobiles, etcetera, and he is of the opinion that he should be able to store his boat in his driveway and feels this is like a nuisance ordinance. He said why spend money and time on such a bogus thing and it is ridiculous to him. Mr. Perttu thinks there are a lot of boats and trailers being stored in driveways in Chanhassen and they should employ common sense in this issue. He noted everyone wants a nice community and he is also for that, but thinks it is a big waste of time. He looked into the City of Minnetonka City Council Minutes – June 28, 2021 3 who actually prefers that boats and trailers are parked on an improved property (tar, cement, crushed rock) and not store them on the side of a garage or a backyard. He asked the Council to think about what is practical here. He stated there is not a lot of room on his property to get a boat back in there and he has an 18-foot boat. It costs him another $300 to drive it up and store it and then go out again when he has time to go get his boat. He thanked the City for the 4th of July celebration and those that made it happen. Mayor Ryan thanked Mr. Perttu and said these request forms go back to City Staff who will reach out to City Council to see if it is an item that they want to bring back for further discussion. She noted they voted on the item in May, it was initially brought forward the previous August and they have heard from a lot of people. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Fire Department Update Fire Chief Don Johnson gave a report on the fire department. They have 40 paid on-call firefighters with two firefighters on personal leave. The fire department responded to 81 calls for service in May. Out of those, 50 were Rescue/EMS calls with 6 motor vehicle accidents, 6 fire responses, 3 Building Fires, 2 Mutual Aid Responses to Eden Prairie, 1 Mutual Aid to Chaska, 1 Cooking Fire, a Trash Can Fire at Lake Minnewashta Regional Park, and 1 Grass Fire at Big Woods involving illegal fireworks. On June 14, the fire department was introduced to the new mission, vision, and value statements adopted by the fire department. The new text will be updated on the city website and within department documents. Chief Johnson assisted the City of Savage with Fire Chief Interviews on June 21. Firefighter Fatturi and Chief White are working with city staff on 4th of July Planning. Chief Johnson noted groups also conducted Water Rescue and Boat Operations Training on several evenings of the month. He stated a fire investigation is underway on the Lake Susan Hills Drive fire on June 6 and there is still a danger of collapse in the garage and they are not able to enter to further investigate. Fire Chief Johnson asked the community to be sure that fires are supervised and before people go to bed to make sure they are 100% extinguished. Chief Johnson noted Chanhassen was lucky as many other communities have had discarded smoking materials blowing out car windows and starting ditch fires and as dry as things are, he asked the community to drop those items in wet cans or other things rather than in the yard. Chief Johnson said there is always a question of legal and illegal fireworks and he specified if you cannot buy them in the State, they are probably not legal in the State. He clarified if they explode or shoot into the air and explode, they are probably not legal. He hopes they get plenty of rain between now and the 4th of July. Law Enforcement Update Sergeant Stahn reported on May 2021 activity. There were 802 total calls for service with 49 Type A offenses, 11 Type B offenses, 450 non-criminal incidents, and 292 traffic-related incidents. Mental health calls have continued to trend upward in 2021, fraud and theft is also City Council Minutes – June 28, 2021 4 still highly elevated. There are still two vacancies within the City in the Sherriff’s office; however, there are two people currently going through field training and four new deputies start on July 21, 2021. They are making preparations for the 4th of July celebration and will have that fully staffed. Night to Unite is in August and preparations have started for that event. Mayor Ryan asked with the mental health calls, are they bringing the mental health professional along with them. Sergeant Stahn replied their mental health co-responder has hours starting in the afternoon and evening so depending on when the call comes in, it depends on her availability. Whenever she is available to help, she is utilized. Mayor Ryan asked what is the status of adding another mental health professional to the co- responder consideration. Sergeant Stahn noted that is still an ongoing process and they are working towards adding an additional person. OLD BUSINESS. None. PUBLIC HEARINGS. None. NEW BUSINESS. PRESENTATION AND APPROVAL OF THE 2020 AUDIT Andy Hering of Redpath and Company gave a PowerPoint presentation on the 2020 Audit. He noted the City received a “clean” or an unmodified opinion on its financial statements and a certificate of achievement in financial reporting for financial statements that are comprehensive, transparent, and consistent with accounting standards. Mr. Hering spoke about the report on internal controls, one example being that no one person has too much authority over any certain area, they use data mining software to examine when entries are made, and stated there were no findings on internal control over financial reporting. Mr. Hering updated the Council on the Minnesota Legal Compliance Report and that there are 7 sections they test for compliance. He noted one finding during the audit, each year the City must delegate its authority to make electronic funds transfers and that was an oversight in 2020 but it has since been corrected for 2021. Regarding Federal compliance due to the CARES Act funding received, they looked at whether the funding was spent appropriately, and there were no findings of noncompliance. Finally, he noted one new accounting standard adopted in 2020 that re-categorized the escrow deposits the City is holding which are now accounted for in the General Fund. City Council Minutes – June 28, 2021 5 APPROVE A REQUEST FOR A TWO-FOOT HEIGHT VARIANCE FOR AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 6300 HUMMINGBIRD ROAD Community Development Director Kate Aanenson presented information on the requested two- foot height variance to allow them to keep the accessory structure as constructed. The Residential Single Family zoning district has a 20-foot height maximum for accessory structures and the proposed project constructed a 22-foot tall structure. In 2019, the applicant applied to construct a building with a 15-foot tall structure. After beginning construction, the applicant modified his plan to construct a two-story structure and in the future the applicant would like to connect the structure that is currently there to a new home on the property. Ms. Aanenson showed plans and photos on screen and noted the original plan had a pitched roof. The applicant was issued a building permit that complied with ordinance and made changes in the field. Staff recommended denial as the applicant made the changes, did not amend the permit, and then never called for the final inspection. At the public hearing, the Planning Commission discussed the concern regarding the precedence of doing something in violation and then asking for forgiveness later, and the thought of altering the grading to meet the height definition. On a 4 to 2 vote, the Planning Commission recommended approval of the two-foot high variance; because it did not meet the 75% majority threshold it is forwarded to the City Council. Ms. Aanenson said at the meeting no one spoke against and there was someone representing the neighborhood that said they were in support. Mayor Ryan gets the sense that the accessory structure was not really out of the norm of the neighborhood in terms of height. Ms. Aanenson said that is correct. Councilman McDonald moved, Councilman Campion seconded, that the City Council approves a two-foot accessory structure height variance to keep the accessory structure as constructed, subject to Conditions of Approval, and adopts the attached Findings of Fact and Decision, as follows: 1. The property is currently zoned Single-Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low-Density use. 3. The legal description of the property is Lot 5, Block 1, Murray Hill Replat of 17 and 18. City Council Minutes – June 28, 2021 6 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The applicant is proposing to increase the permitted height of an accessory structure by two feet. While accessory structures are limited in height, the applicant has constructed the accessory structure to fit in with a future reconstruction of the home on the property. By adding a second story, the applicant has prepared this structure for the future home. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The property owner could construct an accessory structure that complies with ordinance, but it would not lend itself to a future connection to a reconstructed home on the property and would require significant modification to be connected to a future two- story home. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance would allow the applicant to keep the constructed accessory building. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The reconstruction of the home is a timing issue for the applicant since the home is currently occupied by his father. Rather than having him move while a new home is constructed. e. The variance, if granted, will not alter the essential character of the locality. Finding: The variance will permit the applicant to keep the accessory structure, which is permitted on properties zoned RSF. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This condition does not apply. City Council Minutes – June 28, 2021 7 5. The planning report #2021-10, dated June 15, 2021, prepared by Robert Generous, et al, is incorporated herein. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. City Manager Hokkanen shared her screen and spoke about FlashVote, a new tool to further the City’s goals of having a more engaged and informed community. The previous week they completed the first survey on resident engagement. She explained how the tool works and what to expect in the future with the surveys. Residents can sign up for an account at any time and will be notified by email, phone, or text that a new survey is available. She walked the Council through the logistics of how the program works and various options for working with the data. Councilman Campion asked how many FlashVotes they get in a year. Ms. Hokkanen said the contract signed includes six surveys per year; they will work with FlashVote staff to balance frequency and topics of surveys. CORRESPONDENCE DISCUSSION. None. ADJOURNMENT. Councilwoman Schubert moved, Councilman Campion 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 7:47 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen Office Manager