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CC 2007 06 25 CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 25, 2007 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Greg Sticha, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Jacob & Cindy Omann 6201 Cascade Pass Jeff Fox Lyman Boulevard Rick Dorsey 1551 Lyman Boulevard Debbie Lloyd 7302 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening to everyone here in the council chambers and those watching at home. We're glad that you joined us. I'd like to start this evening with a public announcement. Actually an invitation to all residents and businesses, representatives from the city to come and participate in a couple open houses relating to our comprehensive plan. The City is in the process, has been in the process, continues to be in the process of updating our comprehensive plan, which is really the guiding development plan for our city. There will be thth two open houses this week. One on Wednesday the 27 and Thursday the 28. And again, there will be people at each of the open houses to answer questions that you have about the comprehensive plan. Areas included in the comprehensive plan include managing our growth. Parks, trails, open spaces. Sustainability specifically with regard to existing resources. Transportation affects and the 101 corridor. Future river crossing. Locations of neighborhood convenience as well as the possible expansion of downtown retail and other retail commercial malls and activities. Housing is a big part of it. It's important that citizens and business owners get involved in this. This is a collective document pulling everybody together and again the open houses, the first one is this Wednesday from 6:00 to 9:00 p.m. at the Chanhassen Library. The second is the following evening, again at 6:00 to 9:00 p.m. at the Chanhassen Recreation Center. If you have any questions you can feel free to contact city hall and just hit the general number. They'll put you in touch with someone in the planning department. If you have time to attend, even if it's just to ask questions, please do. And if you have thoughts and ideas about the direction you'd like to see or some emphasis that can be placed in any of these areas, please attend and contribute your thoughts. City Council Meeting - June 25, 2007 CONSENT AGENDA:Councilman Litsey moved, Councilman Peterson seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated June 11, 2007 -City Council Summary and Verbatim Minutes dated June 11, 2007 Receive Commission Minutes: -Planning Commission Summary and Verbatim Minutes dated June 5, 2007 e. Award of Quote, Resurfacing of Tennis Courts. f. Approval of Two Registered Land Surveys, 1050 & 1030 Pleasant View Road and 910 & 950 Pleasant View Road, Applicant: Fortier & Associates (Beddor). g. Approval of Temporary On-Sale Beer & Wine License, Harvest Festival, August 18 & 19, St. Hubert's Catholic Community, 8201 Main Street. Resolution #2007-36: h. TH 101 Improvements, PW067F4: Approve Resolution Supporting STP Funding Solicitation. i. The Arbors, Project 07-05: Approve Amended Development Contract. j. Tanadoona Drive/Dogwood Road Reconstruction Project 06-06: Resolution #2007-37: 1) Adoption of Assessment Roll Resolution #2007-38: 2) Accept Bids and Award Contract 3) Approve Easement and Right-of-way Acquisitions 4) Approve Consultant Contract for Final Design & Construction Services All voted in favor and the motion carried unanimously with a vote of 5 to 0. B. APPROVAL OF AMENDMENT TO CITY CODE CHAPTER 4 RE: ESTABLISHING A PLATTING FEE AND AMENDING THE CONNECTION FEE. Mayor Furlong: Item 1(b), that was pulled for purposes of tabling. Is there a motion to table? Councilman Peterson: So moved. Mayor Furlong: Is there a second? Councilman Litsey: Second. 2 City Council Meeting - June 25, 2007 Councilman Peterson moved, Councilman Litsey seconded that the City Council table the amendment to City Code Chapter 4 regarding establishing a platting fee and amending the connectionee. All voted in favor and the motion carried unanimously with a vote of 5 to 0. f C. APPROVAL OF DEBT POLICY. Mayor Furlong: Item 1(c). Based on our discussion at the work session, under I(c)(ii), we will change the percentage 25% to 30%. Did I get that correct? Greg Sticha: That's correct. Mayor Furlong: Okay. So that's the proposed change from the work session. Is there a motion to that effect? Councilman Litsey: So moved. Councilwoman Ernst: Mayor, can I ask? Mayor Furlong: Okay. Let's get, is there a second to the motion? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilwoman Ernst: I know we talked about changing the percentage on it but I would like to actually table that to really understand the information… Mayor Furlong: Okay. So you're making a motion to table? Councilwoman Ernst: Yes. Mayor Furlong: Item 1(c). Alright, is there a second to table? Councilman Peterson: Don't you have to deal with the first one? Mayor Furlong: Well it'd be to table the first one so my thought would be, let me ask you this just as an inquiry. Do you think that's something that you can get your questions answered within the next 2 weeks so staff could bring it back. Councilwoman Ernst: Oh yeah. Mayor Furlong: Okay. So it'd be to table it to the following meeting, assuming the change will be there and to allow additional time for questions. Is there a second to that motion? Councilman Peterson: Second. 3 City Council Meeting - June 25, 2007 Councilwoman Ernst moved, Councilman Peterson seconded that the City Council table approval of the Debt Policy to the next City Council meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. D. APPROVAL OF 2006/07 FUND TRANSFERS. Councilwoman Ernst: For the funds for the transfer fund…isn't the debt service fund kind of like a tax levy? Greg Sticha: Which item are you talking about? Councilwoman Ernst: I'm sorry, (d). Greg Sticha: Item (d), which. Councilwoman Ernst: For the 2006-07 transfers. Greg Sticha: Right. Item, there's 3 items that. Councilwoman Ernst: 1. Greg Sticha: Item number 1. What happened in this particular case, the proceeds for the library were not spent in full so the project, in essence came in under budget or less than what we anticipated the total cost of the project to be. Those funds legally then need to be transferred out of the capital or construction fund into the debt service fund to pay those bonds. They cannot remain in that capital fund once the project is completed. So we're transferring the money out of the capital or construction fund. Putting it into the debt service fund and that money will be then used to pay off the debt related to that project. Councilwoman Ernst: So the tax... Greg Sticha: What will happen is, as the bonds are retired, the fund will have excess funds available in it. At that point in time when all the debt is retired related to the library, it will be up to council to decide what to do with those excess funds. Whether to then transfer them into a closed bond fund which was what we have done in the past, or to use it for some other source that the council would decide at that point in time. Councilwoman Ernst: So that would come back to the council… Greg Sticha: Yes. At that point in time when we would close that debt service fund. In the time being it will go into that debt service fund. It will earn interest in that debt service fund and it'll be just accumulating along with the levy dollars that are related to that project. And then at the time that the debt is retired, we may use those funds to retire the debt early. There's a number of options you can do at that point in time once the funds are in there, but legally they need to be moved out of the construction fund once the project is complete. 4 City Council Meeting - June 25, 2007 Councilwoman Ernst: Okay, thank you. Mayor Furlong: Any other questions? Is there a motion to adopt item 1(d) as recommended? Councilwoman Ernst: I make the motion to adopt 1(d). Mayor Furlong: Is there a second? Councilman Litsey. Councilman Litsey: Second. Mayor Furlong: Thank you. Any discussion on 1(d)? Resolution #2007- 39: Councilwoman Ernst moved, Councilman Litsey seconded to approve the 2006/07 fund transfers as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Also this evening we'll be receiving our monthly update from our law enforcement and fire departments and we find ourselves in a situation of a déjà vu all over again. I would like to welcome Lieutenant this time, Jim Olson from the Carver County Sheriff's Department. Lt. Jim Olson: Thank you. It's good to be back. Good to be back. Chanhassen will always hold a special place for me. I've enjoyed it here even if it is only on a temporary basis. And along that note, Sergeant Peter Anderly, he's been with the Carver County Sheriff's Office for about 8 years now, will be the new liaison Sergeant with the City of Chanhassen and he will be starting on Wednesday actually, so I'll be working with him for a few days and then he will be leading th the 4 of July parade next Wednesday for the City so. …since 2000. Has been in a variety of roles since he's been with the Sheriff's office. Prior to coming to Carver County he was also, a couple municipalities that he worked with. I guess I'm not real sure but he was with two other municipalities before he came to Carver County. Since he's been with us he's been an administrative sergeant down at the office. He has also been a member of the Sheriff's Emergency Response Team, and is currently a sniper team leader, and is also a…so he's had a number of positions with us and he's done a real good job. I look forward to getting Pete in here and introducing him to all the staff. Monthly numbers. Last month we had about 100 criminal calls and that consisted of 31 Part I crimes which tend to be the more serious crimes and 69 Part II crimes, and this compares to 103 total for last year. For the non-criminal calls, we had 1,019 last month and that compares to 1,129 last year, and the biggest change in activity was traffic stops. That's one of the first things I'm going to talk to Peter about, or excuse me, Sergeant Anderly about is to sit down and take a look at the traffic stops. There were some new programs that Sergeant Gullickson has enacted since last year and that could have some type of an impact on that but I'll have Sergeant Anderly sit down and give him some direction on what to look on traffic stops and so on and stuff so that's one of the first things he'll be doing. I know, I think it's 5 City Council Meeting - June 25, 2007 the last evening in August city staff will be sitting down with Sergeant Anderly and I'm assuming probably Sheriff Olson and talk to them about the work plan and…and that might be a good time to go over some of those things as well so that'll be in August with that. Any questions at all on monthly numbers for this month compared to last year? Fourth of July is right around the corner and we normally start getting calls for service…Fourth of July for fireworks and so on as well so a good rule of thumb with fireworks is if it goes boom or if it flies in the air, it's illegal. And that's a pretty good rule of thumb. There are some legal fireworks that you can buy at retail establishments around the area in Minnesota, and the legal ones can include sparklers, ground spinners, snakes, glow worms, party poppers, those types of things that you can buy from the retail establishments. Just a reminder for everybody, fireworks of any type th cannot be used in any of the Chanhassen parks, and that includes Lake Ann Park on the 4 of July. So you need to be careful of that. Please be respectful of your neighbor. We have put the statute as well as some of the things that are legal and illegal on the city's web site so if people want more information they can certainly go to the web page. I think there's going to be an article in the paper next week. I'll be sitting down with the Chanhassen Villager tomorrow morning about some of that. …certainly give me a call and my number is 227-1601, and we can go over some of that. You probably have not noted however there is some road construction going on in Chanhassen this summer, and I want the residents to be patient during this year. They're seeing a lot of road construction that makes for delays for some people. I have asked the deputies to use some extra patrol on some of the different roads where we have some big issues. Bluff Creek Drive we've had some complaints on. That's being used as a cut through for people. Not all Chanhassen residents but it is being used as a cut through while Audubon Road is closed down, and the speed limit there is 30 miles an hour, just to remind people. It is a local road and be respectful of the people that live there and also the other cars on the road. I guess the theme for this summer is be patient and we'll get through this…it will be wonderful in the city, as well as Carver County. And I would also like to compliment the Chanhassen Fire Department th because of an incident that occurred on June 11. There was a boating accident on Lake Susan that was in, it was in the newspaper as well as most of the news channels and I'll let Chief Geske talk a little bit more about that but they did a wonderful job of handling a difficult situation. Professionalism and their expertise really helped to minimize the injuries that the swimmer incurred and they did a great job so compliments to the fire department. Any questions for me or for the sheriff's office at all? Mayor Furlong: Questions for Lt. Olson? Councilman Litsey: Nice to have you back even if for a short time. Lt. Jim Olson: It is good to be back. Thank you very much. Mayor Furlong: One quick thing, and if you don't know them off the top of your head, where people can find it and that's the issue of curfews as we get into the summer months here. I believe it's also on the web site or perhaps you know them but a little reminder there. Lt. Jim Olson: Yes, absolutely. Curfew, it is posted on the web site. I don't have the exact, we've got cards that we have and I normally have them but I've been in investigation for the past year so…in my mind here so, but it is on the web page. It's also on the county web page and I 6 City Council Meeting - June 25, 2007 will, I will talk to Peter about this. Sergeant Anderly about talking about that next month and we will get something in the paper about that also. Mayor Furlong: Okay, good. Todd Gerhardt: It's on our public access channel too. It's one of the slides there. If it's not, we'll definitely get it out. Mayor Furlong: Thank you. Lt. Jim Olson: Thank you. Have a nice evening. Mayor Furlong: Chief Geske is here with the Chanhassen Fire Department. Good evening Chief. Chief Greg Geske: Good evening. I think they bring him back every year for the Fourth of July. Every year it's verbatim, word for word on what he did the year before but… I would also like to thank, the water rescue that we did have, went very smoothly and it was working together well with the sheriff's department and also Ridgeview Medical, the EMT's or paramedics that responded to that call. We did have a helicopter standby and we did fly him out due to the fact that we didn't know how much he was going to bleed basically once we untangled, disentangled him from the prop, propeller so, but it did go real smooth and must have been a slow news day because we had helicopters flying over the city and they came back to do a follow-up story the next day, but real proud of the job that our department did and working with the other departments also. It is getting drier. It hasn't rained a whole lot so we are prepared. We have a grass rig that we re-chassied this year and that's all set up to go and we did see the 6 by 6 that we purchased with our fundraiser money here, we just equipped that with a grass rig also. We used, we had a donated pump to us. We used fundraiser money to build, get a skid unit built up for that so we're prepared if grass fires do start up here as it dries out. I know we brought up, I think last month we brought it up for what recreational fires. I had somebody stop at my house the other day and ask what the you know, how windy can it be for a recreational fire and I said I guess you just have to use common sense. If the sparks are flying out of the fire and into the grass, then it's probably too windy at that point so I don't think we address winds in there but 15 miles per hour winds is kind of a benchmark that we use at that point so we are prepared if it does continue to keeping getting dry here so. The other thing we did with that grass rig, not only because Chanhassen has a lot of grass and thus grass fires all the time. We prepare that so we can respond to some of the possible car fires and some of our shelters, parking lots and stuff too so gotten a lot of dual use out of that piece of apparatus. Also like to bring up with the dryness, Chanhassen's watering rules and forgive me, I'm not from the water department but I believe we have an odd, even/odd watering rules and again we don't enforce that but it will come into play if we do have a structure fire and we need water, that the water is there for us so I just want to bring up those rules and people abide by those. So that's all I had. Mayor Furlong: Thank you. Any questions for Chief Geske? 7 City Council Meeting - June 25, 2007 Councilman Litsey: I just want to compliment the water rescue. I watched it on the news and what I read in the paper. It looks like you did a wonderful job. It made we proud that we have such great rescue people here in the city so thanks. Chief Greg Geske: It was by chance I guess we had water rescue training that night also so it was good for us to be, as long as we had the boat there, we could figure out what worked well that way. What we may have to add to the boat. There was a couple changes that we made so it worked out well to have that that night too but thank you. Mayor Furlong: Very good, thank you Chief Geske. PUBLIC HEARING: COUNTRY INN & SUITES, VACATION FILE 07-03: REQUEST FOR VACATION OF SNOW FENCE AND HIGHWAY MAINTENANCE EASEMENT. Paul Oehme: Thank you Mayor, City Council members. The Country Inn and Suites is located th at 591 78 Street is requesting that an existing snow fence easement be vacated at this time. The th property is located as shown on the drawing here at the corner of 78 Street and Market Boulevard. The easement was granted back in 1956 to the State of Minnesota for the original th alignment of Highway 5 which was 78 Street. When the highway was realigned, the old th section was renamed 78 Street and ultimately turned back to the City. The easement is no th longer needed and the street and utilities along 78 Street currently lie within the public right-of- way and drainage utility easement so the easement is no longer needed. At this time just request that a public hearing be opened and I stand for questions. Mayor Furlong: Any questions for staff? Okay, thank you. We'll open the public hearing and ask all interested parties to come forward. State your name and address for the council on this matter. No? Seeing nobody. Anyone? Okay. Without objection then we'll close the public hearing and bring it back to council for discussion or motion. Councilwoman Ernst: I make the motion for the easement. Mayor Furlong: The vacation of easement. Councilwoman Ernst: Yes. Mayor Furlong: Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2007-40: Councilwoman Ernst moved, Councilman Peterson seconded that the City Council approve vacation of the snow fence easement Lot 1, Block 1 and Outlots A nd & B, Bloomberg Addition and Lot 2, Block 1, Bloomberg 2 Addition. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 8 City Council Meeting - June 25, 2007 PUBLIC HEARING: THE PRESERVE, FILE 06-14: REQUEST FOR VACATION OF UTILITY EASEMENT. Paul Oehme: Thank you Mayor. The Ryland Group has requested a drainage and utility easement in Outlot A as shown on this drawing here, which is the Preserve at Bluff Creek Addition be vacated at this time. The property is located just south of Lyman Boulevard at the intersection, on the north segment of Audubon Road, north is in this direction. Audubon Road is direction… The drainage utility easement was granted in 2006 to the City for installation of trunk sanitary sewer and water for the expansion of the 2005 MUSA area. The trunk sanitary sewer and watermain extension is through Outlots A and H of the Preserve. Or through the nd Preserve at Bluff Creek, the 2 Addition. Where the dedicated easements will be dedicated at the time that the second addition was final platted. The future lots at Outlot B, which is located here, will be oversized and the back yard will have additional drainage and utility easements to compensate for the sewer and water at that location. Until these lots are final platted, a blanket drainage utility easement is proposed throughout B. Just to cover the City just in case we need to access these utilities in the future. Staff recommends that the easement vacation be vacated at nd this time subject to the final plat of Bluff Creek 2 Addition and approval of the development contract. So at this time I'd stand for questions and I do request that a public hearing be open. Mayor Furlong: Okay. Any questions for staff? On this one, there's a utility easement that runs through, well on A and H…dedicated they're going to be… Help me with the timing of this in terms that you stated again. Paul Oehme: Sure. Mayor Furlong: Why? Paul Oehme: Well in order to final plat the second addition the vacation will have to be approved so that they're off the plat. So we want to do conditions of the final plat contingent upon removing these easements. Mayor Furlong: Thank you. Kate Aanenson: There's also another reason too. The City took control of all that property on that right-of-way so that's, we have an easement over the entire property that we extracted with our second phase, so it goes all the way up and they also platted that right-of-way on that road so it's in the City's name on that when it gets recorded. We were just waiting for. Mayor Furlong: So really there's going to be some simultaneous… We're approving this vacation subject to the filing of the second addition… Kate Aanenson: Correct. Paul Oehme: Correct. Well we'll have ownership of Outlot B. 9 City Council Meeting - June 25, 2007 Mayor Furlong: Alright. Any other questions? Okay. At this time then we would open up the public hearing and invite all interested parties to come forward and address the council on the matter before us. Anyone? Seeing nobody, without objection we'll close the public hearing and bring it back to council for discussion or motion. Is there any discussion on this? Additional questions. Is there a motion to approve? Councilman Peterson: So moved. Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2007-41: Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve Planning Case #06-14 for vacation of drainage and utility st easements, Outlot A, The Preserve at Bluff Creek 1 Addition subject to filing The nd Preserve at Bluff Creek 2 Addition plat and development contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ND HOLIDAY STATIONSTORE, 2960 WEST 82 STREET, APPLICANT: HOLIDAY STATIONSTORES: REQUEST FOR A VARIANCE FOR A CANOPY SIGN. Kate Aanenson: Thank you Mayor, members of the council. This item appeared before the th Planning Commission on June 5. At that time the applicant wasn't present but the Planning Commission did hold a hearing and they voted unanimously to deny the variance. Again the variance was for a request for a sign on a canopy located at the Holiday gas station at the nd intersection of Highway 41 and 82 Street. The Planning Commission had a few questions that the staff addressed in their report regarding lighting. Limit canopy signs. I'm not going to go through it but I think I'll answer them as we move through the report. The applicant in his request stated that the reason that they wanted the signage, the canopy signage to indicate that the business was open 24 hours. But in reviewing the development contract and the site plan itself, …there's enough information or queuing that it can be determined that it is open. Sign variances…city code are required to go to the Planning Commission and the City Council. While they did hold a public hearing…opportunity also at the City Council level. The gas station itself was approved in 1999. Originally it was a Kwik Trip as you recall. Recently it was a Citgo and then Holiday has taken over the project and introduced… So with that they did apply for the canopy sign which the staff recommended denial and here we are. So the request itself is for, on the canopy. It is light… What we did is look at some of the other sign canopies. Is that me rocking that? We took pictures of other sign canopies in the city. What we found is there's only one sign on a canopy and that's the Sinclair station which is the oldest one in the city and actually that is being considered for redevelopment. But we did look at the different night time views of Super America. Oasis Market. These are in the back…the Kwik Trip. All these have the lights… Here's the Holiday at 5 and Market Boulevard. They don't have the lighted canopy…and the Sinclair station which is the one that does have it but they're going through a redevelopment. If you look at the findings that it says in City Code where a variance is granted, we look at topographic issues. If there's something that they are a unique situation where it's difficult to see queuing, those sort of things… It's staff's interpretation that…illuminated canopy, 10 City Council Meeting - June 25, 2007 it's not a hardship and we looked at a couple other facts in here and that is being that there are two signs… There is opportunity to put a directive, Open 24 Hours on the sign. There's actually two monument signs on the site itself so they can do a written message on that and since the light's…and there's lights on behind the building, staff felt, as did the Planning Commission, that that was adequate…this was open without the lights on the building itself. So for those reasons the Planning Commission and the staff did recommend that the City Council adopt the motion denying the variance with the conditions and the Findings of Fact in the staff report and I'd be happy to answer any questions. Mayor Furlong: Okay, thank you. Questions for staff. The lighting on the canopy itself. The lights underneath the canopy lighting up. Kate Aanenson: That's correct. Mayor Furlong: Those are still on. Kate Aanenson: Correct. And that was our opinion… Councilman Litsey: So the big concern is that it allows people to see that it's open 24 hours? Kate Aanenson: Yeah, you can ask the applicant but that was our indication. Allowing an additional message that they're open. Councilman Litsey: And the only other is the Sinclair which is the oldest probably in the city. Kate Aanenson: For gas stations, that's correct. Councilman Litsey: Yeah. Okay. Mayor Furlong: Thank you. Any other questions for staff? Councilwoman Ernst: Did you say that there was…open 24 hours? Kate Aanenson: On the monument sign. Yeah, there's writing on that… There's a monument sign up here as you're going up the hill on 41, and also at the bottom, so that was adequate identification without a lit sign to put that on. 24 hours would fit on that. Besides what we felt was a visual for the lights coming down. Mayor Furlong: Any other questions for staff at this time? If not is the applicant here this evening? You have any comments or anything you'd like to address the council on? Good evening. Duane Downey: Hello Mr. Mayor, council members. I'm Duane Downey with Amtech Lighting representing Holiday Stationstores. The canopy gas signs...further indication message that the store is open. They're usually not very you know, they usually aren't very bright anyway. They're all in red letters and then back lit with LED so they're not very bright so it 11 City Council Meeting - June 25, 2007 doesn't really add to any light pollution. But it does add to the attractiveness of the stations in the night time and that when you're driving around and lights don't work or something, you can actually see that it really is open and that's usually a good indication that the signs are all on and that's basically where we're coming from. Thank you. Mayor Furlong: Any questions for Mr. Downey? Councilwoman Ernst: I just have one question. Aren't all the Holiday stations open 24 hours? Duane Downey: Well actually not. But the majority are, yeah. Councilwoman Ernst: I guess I always thought they were. Duane Downey: Yeah, there's just a… Mayor Furlong: Any other questions? Thank you. Any follow up questions for staff? If not, any discussion. Thoughts. Who'd like to go first, before I start calling names. So the question is do I feel lucky. Mr. Peterson. Councilman Peterson: You know I'd like to offer my assistance…business in any Chanhassen organization but I also, I can't see how we would grant this organization a sign variance that we've been pretty rigid on before with all the other gas stations. I would certainly be in here right away saying I want the same thing. It doesn't have to be open 24 hours…so to that end I can't support the variance and I would support what the Planning Commission and staff is recommending. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: I guess I have a hard time justifying any hardship for this. There are monument signs there already and I echo Councilman Peterson's thoughts of always wanting to be supportive of business but it is also in a specific spot in our town by the Arboretum in there that is going on, and I think we have always been strict about these regulations so I think you have to stick to those just because we would be seeing more and more growth and more and more of these issues as time goes on so I'm sorry but I'm also going to have to side with the Planning Commission. Mayor Furlong: Thank you. Councilwoman Ernst. Councilwoman Ernst: Well as I said earlier, I thought all Holiday stations were open 24 hours so as far as that and also, our regulations I would have to support staff's recommendation on this as well. Mayor Furlong: Thank you. Councilman Litsey. Councilman Litsey: The nice thing about going last is it's all been said and I don't think there's any compelling reason to vote against what the Planning Commission recommended so. 12 City Council Meeting - June 25, 2007 Mayor Furlong: Thank you. My thoughts are similar. Lack of a hardship I think is the biggest issue for me. I think with the lack of a hardship and the precedence…Planning Commission and staff did look at it and I would support their recommendations as well. Any further discussion? If not, is there a motion? Councilman Litsey: So moved… Councilman Peterson: Based on the Findings of Fact. Mayor Furlong: Motion to deny. Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Litsey moved, Councilman Peterson seconded that the City Council denies Variance #07-12 for canopy signage above the gas pumps based on the attached findings of fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilwoman Tjornhom: I attended the 41 river crossing meeting last week and it's a good start. Some interesting discussions…was inconclusive. After the study was done there is no opinion. I mean there are several opinions that will be discussed in the future. The saga continues. Councilman Litsey: It's a quick read. Todd Gerhardt: Mayor and council members, in your packet, or in front of you there's an executive summary of that thick packet and…you see in there that give you a small outline of each of the alternatives for the 41 river crossing. Both the Mayor and I attended a meeting with Shakopee, Scott County, Carver County on Friday and it seems as though that group is going to meet in the future and help determine which alternatives should be selected since the study was inconclusive so this is an ongoing process and appreciate Councilwoman Tjornhom attending… Mayor Furlong: He wants you to verify that the executive summary accurately covers the issues. Councilwoman Tjornhom: I'll get right on that. Mayor Furlong: Any other presentations? Councilman Peterson: The only other thing that I think probably in the next month, …recommendation for updating and improving…last few months and I think we've got a plan that we can present and…so I hope that will happen in the next 30 days. 13 City Council Meeting - June 25, 2007 Mayor Furlong: Thank you. Anything else? Just a quick update. I was invited to participate today, this afternoon in a panel discussion. Myself and there were 4 others, or 5 others, at the th Metropolitan Council. They had a day long seminar celebrating the 40 anniversary of the Metropolitan Council and I participated in a panel discussion on the future of the Metropolitan Council. About 20 people in attendance and it was a very interesting, very interesting day. Lots of interesting things going on so. It was fun to be involved. Todd Gerhardt: Mayor, that's quite an honor to be invited. I know you've participated in other Met Council activities and I think that's a good reason why they selected you to serve on that panel so that's an honor. You should be very proud of that. Mayor Furlong: Yeah, thank you. I mention it more, to let people know. They were taping it so if you see it on TV, I wanted council to know first before, what were you doing there? That's right, so it was a good event. Well attended and there was a lot of history in the room. Particularly with individual experiences and also organizational experiences so it's a good event and I think there'll be some good things coming out of that. For all our benefit. Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: I just wanted to touch on one thing. Chief Geske talked about the watering ban. We are in an odd/even situation. We're pumping on a 90 degree days, at least 8,500,000 gallons of water a day so we are getting close to capacity. We've been trying to educate and inform the public that we are in the odd/even. It may get to the point where citations may be issued so to the public out there, odd/even situation and please comply is our request. Mayor Furlong: So it's the last digit of the address that determines which day of the month they can water on. Todd Gerhardt: That's correct. Mayor Furlong: Okay. Any questions for Mr. Gerhardt? No? CORRESPONDENCE DISCUSSION. Councilman Peterson: Disappointing to see that the two tiered retaining wall for the school was that much more money. Hundred and some… Todd Gerhardt: And there's one other tidbit on that retaining wall situation out there. They do have the walls that are sagging in some areas and so they are definitely working on enforcement of the installation of those so if you're out there and you see that, that work is still under warranty so they will not be sagging in the future. Councilman Peterson: Is that this year already? Holy cow. 14 City Council Meeting - June 25, 2007 Mayor Furlong: Okay. Good. Any other, anything else to come before the council? Seeing the time, we need to sit around for another hour 15 minutes before we can end at our usual time. Is there a motion to adjourn? Councilwoman Ernst moved, Councilman Litsey 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 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 15