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CC 2007 08 13 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 13, 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, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Litsey STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Rick Dorsey 1551 Lyman Boulevard Kurt Papke Planning Commission PUBLIC ANNOUNCEMENTS: INVITATION TO CHANHASSEN DAY AT THE ARBORETUM. Mayor Furlong: Very good and thank you. Welcome to all those watching at home this evening. We're glad you joined us and those here as well. At this time, without objection we'll proceed with the agenda that was distributed with the council packets. I'd like to start with an invitation th to Chanhassen Day at the Arboretum. That is this coming Friday, August 17 at the Minnesota Landscape Arboretum. This is again in conjunction with the city. All residents, all Chanhassen th residents are invited to come out to the Arboretum this coming Friday, August 17. Admission will be free with a valid ID. It's a great opportunity to come out and see many of the natural, some great natural treasures here in our city. The day begins at 9:00 a.m. in the morning. At 10:00 a.m. Arboretum Director Peter Olin and I will give a special welcome to those visitors gathered in the Great Hall of the Visitor's Center. There'll be complimentary bagels and coffee. Gifts for the first 200 visitors that come and if last year's any indication, those gifts will go early. Also it will rain on Friday, if the last 3 years are predictors so Mr. Gerhardt enjoys that. There will be free guided walking tour through the Arboretum. The tram will be there again this year. That will take people around for a ride, the 3 mile drive. Also Art to A-Maze exhibit is open this year for the first time. It's a maze with hedges I believe and it should be a lot of fun for the children. Representatives from the City of Chanhassen, the Environmental, Park and Recreation Commissions, Carver County Environmental Services will be on hand to answer your questions as well as representatives from the Arboretum. This is a great day to really appreciate the Arboretum opening it's doors to us and inviting us to come out so I hope that there's good attendance there. Look forward to seeing everybody this Friday. City Council Meeting - August 13, 2007 CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom 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 July 23, 2007 -City Council Summary and Verbatim Minutes dated July 23, 2007 Receive Commission Minutes: -Planning Commission Work Session Minutes dated July 17, 2007 b. Dogwood Road/Tanadoona Drive Improvement Project 06-06: 1) Approve Camp Tanadoona Easement Acquisition 2) Approve Change Order for Construction of Pond 3) Approval of Wetland Alteration Permit Resolution #2007-52: c. Lakeside Third Addition: Approval of Final Plat. d. Boulder Cove: Approval of Filing Extensions for the Plat and Development Contract. Resolution #2007-53: e. Koehnen Area Street Improvement Project 07-01: Approve Change Order No. 1 for Directional Bore of Storm Sewer. f. Approval of Expansion to Liquor License Premises for a Charity Event, August 16, C.J.'s Coffee & Wine Bar, 600 Market Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: REQUEST FOR ON-SALE BEER & WINE LICENSE, FRANKIE'S PIZZA, PASTA & MORE, 7850 MARKET BOULEVARD. Laurie Hokkanen: This is a request for an on-sale beer and wine license. The restaurant is located across the street here. You had dinner from there tonight for frame of reference. Law enforcement ran the background checks on all the officers and found nothing in the background checks. You are required to hold a public hearing of which notices were both published and mailed to surrounding property owners. Staff does recommend approval of this license. Mayor Furlong: Thank you. Any questions for staff? If not, this will be a public hearing so we'll go ahead and open the public hearing and invite all interested parties to come forward and comment on this matter. Seeing no one, without objection we'll close the public hearing and bring it back to council for comment or a motion. 2 City Council Meeting - August 13, 2007 Councilman Peterson: Laurie I do have a question I guess. I know we have a Thai restaurant we had an issue or question about it going outdoors. I know Frankie's has an outdoors area. Do we do that by individual location or how do we do it, if we do it? Laurie Hokkanen: Can I defer to Roger? Councilman Peterson: Don't pull the mic close up to you. There you go. We've got to train him somehow. Roger Knutson: That's right. It's by individual location. You may find some appropriate and you may find some inappropriate depending on where they are. Councilman Peterson: Okay. Is this. Roger Knutson: You have to license. When you grant a license it's for a specific location in a specific area. Councilman Peterson: Do we know whether or not this one is for the outside, because I know, I'm pretty sure they do have outside service. Todd Gerhardt: I think I'll check into that one. This is under new ownership. I don't know if they serve outside or not. I know in the last one it needed to be fenced off. Some type of security and let's check on that. If this application isn't for one, then they can't serve outside is the bottom line. So let's check on that and we'll get back to you. Mayor Furlong: With that question, is there any reason we can't go forward with an internal license here? Councilman Peterson: Absolutely. I'd make a motion to approve. Mayor Furlong: Okay, for an inside license? Councilman Peterson: Yes. Mayor Furlong: Okay. Alright, thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on that? And if they want to come back for an outside, we can deal with that. Is my understanding. Okay. Motion's been made and seconded. Any other discussion? Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the request for an inside on-sale beer and wine license for NU-Endeavors Pizza, Inc., dba Frankie's Pizza, Pasta & More at 7850 Market Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 3 City Council Meeting - August 13, 2007 CONSIDER AMENDMENT TO CITY CODE REGARDING LAWN SPRINKLING RESTRICTIONS. Todd Gerhardt: Mayor, if we could have this item tabled to allow staff additional time to work with the City Council at a work session to talk about big picture restrictions and how we might go about with some capital improvements. Mayor Furlong: Thank you. Is there a motion to table item 3? Councilman Peterson: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Councilman Peterson moved, Councilwoman Ernst seconded to table the amendment to the City Code Regarding Lawn Sprinkling Restrictions. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: Thoughts or comments. Councilman Peterson: I've got a couple, just to kind of give you a sense from both Southwest Metro's perspective and from TAB. This is the time of year we start doing, every 2 years there's funding. CMAC funding and other federal funding and state funding that we go through so everybody is starting to, and has submitted other applications respectively now and we'll start going through, we analyze everything on a point system with TAB and then do some moving around those with those points and allocate funds from there but you know there's essentially hundreds and millions of dollars that will be granted within the next few months so Southwest Metro is one of those vying for some of those funds, on both from the south, what do we call the one in 101 and. Mayor Furlong: Lyman? Southwest Village. Councilman Peterson: Yeah, Southwest Village or is it Southwest Station? I get them all mixed up. We still need funds for that and we potentially still need some more funds for the ramp you know adjacent to the Dinner Theater so we're fighting hard to allocate some of that funding to those. Hopefully by the end of November we'll know, have a better idea of what we can do with the construction has started on the Southwest Village and we're excited to get some cars in here by the end of next year. Mayor Furlong: Good. Other thoughts, comments? Council presentations. I'd like to make a quick comment. At our last meeting the council approved the watering restrictions, which were since lifted subsequently. First of all, it was an inconvenience to say the least for many and 4 City Council Meeting - August 13, 2007 outright frustration for some not to be able to continue to water. At the same time with some of the information we saw this evening in our work session, compliance was wonderful. Everyone in the city stepped up and even if they were frustrated or inconvenienced by it, they followed the rules and that is clearly something that all of us can be proud of. The restrictions have been generally lifted. We're, we've always been on odd/even. We're still on odd/even. Doesn't mean you have to water every other day but that's when you're allowed to. The staff has, at their discretion which the council approved, continued to restrict watering between 10:00 a.m. and 5:00 p.m. during the day so we ask people to continue to watch and monitor that and again comply as they have already so. Like to thank all the residents and businesses for their understanding and cooperation. Thank staff for their efforts during this time. We had some pumps go out. There was some mechanic problems. We've got some ground water issues in terms of lack of it. It's hard even if we've got a pump working, it's hard to pump water if the water's not there so want to thank everybody for their understanding and cooperation during this period and we'll come out better for it. I'm confident of that. Todd Gerhardt: Just to add to that Mayor. There is a letter in the administrative section we were thinking of publishing in the Chanhassen Villager this week and it's the thank you to the Chan residents and businesses that did follow the compliance of a total ban. And just to reiterate what the Mayor said, you did a fantastic job of helping us out in that and we wanted to show our appreciation by putting that thank you in the paper so if you have any comments or any changes that you want to make, this is going to go to the Villager tomorrow morning so let us know. Mayor Furlong: Very good, thank you. Anything else for council presentations? If not then, Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Big thing we worked on last week was the 41 river crossing. Review of the EIS. The Mayor and I attended a meeting with all the communities, counties involved. MnDot was represented at that meeting. It was insightful to hear the comments from each of the communities on which alternative they're leaning towards. Nothing really added regarding environmental concerns. Shakopee and Scott County are leaning towards E1-A kind of alternative and I think their basis for that is that reduces the traffic congestion on Scott County roadways. We did submit the letter to MnDot representatives this last Friday. We mailed it and also our email to their representatives and the 41 river crossing task group is going to be meeting here again in September reviewing everybody's comments that came out this last Friday so you know a decision on which alternative is still probably a year away. The mayors and city managers are going to meet again here in October to discuss kind of the findings based on everybody's letters and that's about it. Anything else you'd like to add on that Tom? Mayor Furlong: No, I think that's fair. I think MnDot has put in a lot of time and effort and I believe left no stone unturned in terms of raising the issues and addressing what the various impacts were and various alternatives so. Carver County I know provided a letter on Friday I believe based on their comments were technical in nature and the commissioners are still going to be discussing some alternatives going forward here in the coming weeks as well. As I think all of us will be continuing to monitor. 5 City Council Meeting - August 13, 2007 Todd Gerhardt: Yeah, we tried to highlight in our letter the emphasis on the easterly alignments. Their effects on the Assumption Creek, Seminary Fen and also in an…easterly alignment, whenever you pick an alignment, basically what you're doing is pushing that traffic burden onto whichever alignment you choose. However the easterly alignment, that pushes unfair burden onto 312. It could go as high as 20,000 additional cars per day on 312 when you pick an easterly alignment, so we emphasized that in our letter and again the ranking and weighting of each of the alternatives that we went through, we encourage MnDot to use those numbers and statistical information they provided us in selecting an alternative. That's all I have. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? Or for staff. No? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: Is there anything else to come before the council this evening? If not, we will continue our work session items in the Fountain Conference Room immediately following. Councilwoman Ernst moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:20 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 6