- MINUTES - CHASKA CITY COUNCIL August 15, 2016

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- MINUTES - CHASKA CITY COUNCIL 1. Call to Order The meeting was called to order by Mayor Windschitl at 7:00 pm. 2.Pledge of Allegiance 3. Roll Call Roll call was taken. Present: Councilmembers Schulz, Geisler, Rohe, Boe, and Mayor Windschitl. Absent: none Also Present: Kevin Ringwald, Community Development Director; Liz Hanson, City Planner; Luke Melchert, City Attorney; and Matt Podhradsky, City Administrator. 4. Adopt the Agenda Councilmember Geisler requested items 7(d) and 7(h) be pulled from the Consent Agenda for further discussion and to articulate the changes involved with them. Motion by Councilmember Rohe, second by Councilmember Boe to adopt the amended agenda, removing items 7(d) and 7(h) and making them item Nos. 10 and 11. Councilmember Boe referred to item 7(g) and asked about the 10 acres of open space owned by City and accessible to residents within the development. If it is City owned and maintained it should be available to all City residents, and he would like the trails in that open space shown on the City trail maps. City Administrator Podhradsky stated it is an open space with wetlands that the City will maintain, is available to everyone, and will be on the trail maps in the future. City Planner Hanson commented the resolution for item 7(g) was changed due to an added condition of approval related to the wetlands. City Administrator Podhradsky advised the plat cannot be filed until the issues are resolved with it. 5. Visitor Alyssa Fram, Minnesota Recreation and Park Association (MRPA), commented on the history of the MRPA and presented the 2015 Awards of Excellence for Firemen s Park to the City of Chaska Parks and Recreation Department. Nate Bostram, Jonathan Grau, and Mayor Windschitl accepted the award on behalf of the City of Chaska. The Council stated it is an honor to receive this kind of award and thanked everyone involved. The City of Chaska should be proud of this accomplishment and it is nice to the community enjoying it.

PAGE 2 Tom Redman, Parks and Recreation Department Director, thanked the Council for their commitment and support of the park project. Mayor Windschitl commented each aspect of the park contributes to the success of it and it took a lot of insight to make it happen. Nate Bostram thanked the Council and others for their support, and as a taxpayer, he was impressed with the combination of project management and commitment to community that he experienced with City Administrator Podhradsky. Jonathan Grau, Parks Board Chair, commented the interest in redeveloping the gas station across the street has to do with its location in relation to the park. It shows that the park is providing development for the City as well. Councilmember Schulz commented Tom George, from Duluth, provided a unique opportunity at the Curling Center and took the time to help his wife improve her curling game. Jeff Isaacson, Chaska Curling Center, stated there are curlers from around the country that are moving to the Twin Cities because of the Chaska Curling Center. Mayor Windschitl stated their 1260 members of the Curling Center make it number one in the nation for memberships. Councilmember Geisler commented the Crooked Pint is a great addition and enjoys watching the curlers. Amy Hagen, Communications Coordinator, thanked the Council for their support. 6. Minutes Councilmember Geisler referred to her comments under item 12, and requested the minutes reflect that the handouts were for concept plans for the City Square West redevelopment. Motion by Councilmember Boe, second by Councilmember Schulz to approve the amended minutes of the August 1, 2016 City Council meeting. 7. Consent Agenda Motion by Councilmember Boe, second by Councilmember Roe to approve the amended Consent Agenda Items a through i: a. Receive Minutes of the August 10, 2016, Planning Commission Meeting b. Approve Temporary 4-day On-Sale Intoxicating License for Schram Vineyards for The 19 th Hole Community Event September 29 October 2, 2016. Motion to approve Temporary On-Sale Intoxicating License TWSB.16-07 for Schram Winery LL out of Waconia, allowing them to serve intoxicating beverages at The 19 th Hole Community Celebration, effective September 29 through October 2, 2016.

PAGE 3 c. Accept resignation from the Human Rights Commission by Dr. Leo Parvis Motion to formally accept resignation from the Human Rights Commission by Dr. Leo Parvis. d. (This item was pulled from consent to become discussion item No. 10) Adopt Ordinance No. 922 and summary to Amend Chapter 5 Relating to Animals and Fowl, Eliminating Provision for Private Kennels and Adopting a New Article IV Relating to Dangerous and Potentially Dangerous Dogs e. Adopt Resolution No. 16-62 approving the Deed transfer of excess Right-of-Way on McKnight Road for Pioneer Hollow Motion to approve Resolution No. 16-62 approving deed transfer of excess right-of-way on McKnight Road for Pioneer Hollow f. Adopt Resolution No. 16-59 approving the Final Site Plan and Final Plat for Pioneer Hollow/Pulte Homes, Inc./ PC #16-02. Motion to approve Resolution No. 16-59 approving the Final Site Plan and Final Plat for Pioneer Hollow/Pulte Homes, Inc./PC #16-02 g. Adopt Resolution No. 16-60 approving the Final Plat for Club West 4 th Addition/Tradition Development/PC #16-04 Motion to adopt Resolution No. 16-60 approving the Final Plat for Club West 4 th Addition/Tradition Development/PC #16-04. h. (This item was pulled from consent to become discussion item No. 11) Adopt Ordinance No. 921, Approving Comprehensive, Community Based Regulations for Small, Unmanned Aircraft i. Establish a Public Hearing to Review the Proposed 2017 Downtown Special Service District Budget and Consider Adoption of Assessment of Fees Motion to set Public Hearing for October 3, 2016, to review and approve the proposed SSD 2017 budget, operating plan, and service charges, and direct staff to give notice of the public hearings. 8. Adopt Ordinance No. 919, Opting out of Recently Passed Legislation Requiring Cities to Permit Temporary Health Care Dwelling Units/City of Chaska/PC #16-09 City Administrator Podhradsky introduced the item to the Council. Community Development Director Ringwald presented the item to the Council. He reported there are a lot of concerns with this law as it is and Chaska already provides a lot of opportunities for temporary health care. City Administrator Podhradsky stated it is a one-time opt-out and most cities in the Twin Cities have chosen to opt-out. This is an issue that communities are going to have to deal with, but the passing of this law felt rushed. Community Development Director stated the deadline to opt-out is September 1, 2016. Chaska needs to take its time and do it right when addressing these health care issues. It is an important issue and will be addressed in the future, but Chaska is going to let the bigger cities take the lead and lay the ground work for this topic before making any decisions.

PAGE 4 Motion by Councilmember Rohe, second by Councilmember Geisler to Adopt Ordinance No. 919 opting-out of the requirements of Minnesota Statutes, Section 462.3593. 9. Adopt Resolution 16-61 approving the Preliminary Site and Building Plan for 650 Chestnut Street North/Khal Aloul/PC #16-05 City Administrator Podhradsky introduced the item to the Council. City Planner Hanson presented the item to the Council. Councilmember Geisler inquired about the timeline for the project and if there is any way to mask where the canopy once was before the Ryder Cup. City Planner Hanson stated nothing can be done until the applicant receives final approvals and that will take a couple of months. The applicant is excited to get things started and has been diligently working with City staff on moving this forward. Community Development Director Ringwald stated they support this application moving forward. City Administrator Podhradsky stated the biggest hurdle is getting the project to a point where economically it makes sense to move forward with this plan. Motion by Councilmember Schulz, second by Councilmember Boe to adopt Resolution No. 16-61 approving the Preliminary Site and Building Plan for 650 Chestnut Street North/Khal Aloul/ PC #16-05. Councilmember Boe expressed excitement for this project and stated the three finished sides will be sufficient with the vines on the backside. 10. Ordinance No. 922 and summary to Amend Chapter 5 Relating to Animals and Fowl, Eliminating Provision for Private Kennels and Adopting a New Article IV Relating to Dangerous and Potentially Dangerous Dogs City Administrator Podhradsky presented the item to the Council. He reported staff worked with the County Attorney s office and this ordinance is now in compliance with State statute. City Attorney Melchert stated the City is required to publish the summary ordinance. It will also be on file and available in the library for people to view it. As requested by the Chief of Police, a change to the ordinance is the City is no longer permitting private kennels. Councilmember Geisler inquired if there was an ordinance that addresses cats, what is the definition of potentially dangerous, what is the number of pets allowed, and what are the guidelines regarding pet foster care. She would like to see all these incorporated into an ordinance in the future.

PAGE 5 City Administrator Podhradsky stated the cat issues were addressed with the Humane Society discussion and identified in the State statute. This ordinance also defines potentially dangerous with a specific dog, not a breed of dogs known to be dangerous. City Attorney Melchert commented the definition of potentially dangerous is in the ordinance and the State law. City Administrator Podhradsky stated cats need to be licensed and there is a limit on how many a person can have. He will have to look into what the limit is. Motion by Councilmember Geisler, second by Councilmember Rohe to adopt Ordinance No. 922, and Summary of said Ordinance, amending Chapter 5 of the Chaska Code of Ordinances Relating to Animals and Fowl. 11. Adopt Ordinance No. 921, Approving Comprehensive, Community Based Regulations for Small, Unmanned Aircraft City Administrator Podhradsky presented the item to the Council. He reported this ordinance addresses some of the issues they want to avoid during the Ryder Cup as well as establishing general guidelines around use of drones in the community. Councilmember Boe inquired about the boundaries where drones are not allowed during the Ryder Cup and if that will need to be changed after the event is over. City Administrator Podhradsky responded there are specific dates cited in the ordinance that go away after the event. Councilmember Rohe referred to the ordinance and inquired about language referring to law enforcement officials. City Administrator Podhradsky stated that refers to if there were law enforcement purposes for using a drone. From a legal perspective, drones are treated no differently than having a search warrant. It does not give law enforcement the ability to be able to do things they would not be able to do without a search warrant. Motion by Councilmember Rohe, second by Councilmember Boe, to adopt Ordinance No. 921 approving Comprehensive Community Based Regulations for Small Unmanned Aircraft. 12. Bills Motion was made by Councilmember Geisler, second by Councilmember Boe to approve bills as presented. Roll call was taken. Voting aye: Councilmembers Boe, Schulz, Geisler, Rohe, and Mayor Windschitl. Voting nay: None

PAGE 6 13. Other Business Councilmember Schulz Inquired about the Kentucky Fried Chicken Site. City Administrator Podhradsky stated there is interest in the site, but there is nothing definite yet. People are in there cleaning it up and making the building marketable. Councilmember Boe: Announced the Wacipi Chaska Pow Wow is on August 20 at Lions Park. Stated he notice the MMPA is taking trees down in the lot. City Administrator Podhradsky stated they are doing soil testing on the site and creating a concept plan that will come before the Planning Commission and City Council in September. Noted he was pleased to be part of a group who picked up their volunteer uniforms for the Ryder Cup. People are very excited and looking forward to the event. Councilmember Geisler: Stated she was surprised to see the Goodwill building up already and recently visited the newly remodeled Target. Commented the fountain in the park was not working. City Administrator Podhradsky commented the fountain had been fixed. City Administrator Podhradsky Advised there will not be a Council meeting on August 29 or on September 5. The Council meetings in September will be on September 12 and 19. Mayor Windschitl: Advised there is no walk up traffic allowed at the Ryder Cup and there is a transportation plan. City Administrator Podhradsky stated there is a shuttle provided by Break Away Academy set up for neighborhoods east of the golf course. There are four points in Autumn Woods and four points in Hazeltine Glen where it can be picked up. Wished the former Mayor Gary Van Eyll a speedy recovery after having some health issues and recent surgery at Mayo. Congratulated Chaska resident, Andy Bisek, who competed in the 2016 Olympic Games in Greco Roman Wrestling. Stated a lot of people showed up at the Flags of Honor Car Show, people loved being in the shade on grass, and they hope to have more cars next year. Announced filings for elections are open and they close tomorrow at 5:00 p.m. Wards two, four, and the position for Mayor are open. 11. Adjourn Motion by Councilmember Rohe, second by Councilmember Schulz to adjourn the meeting at 8:31 pm.