SUM 2003 06 23CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JUNE 23, 2003
Mayor Furlong called the meeting to order at 7:05 p.m.
Pledge to the Flag.
The meeting was opened with the
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte,
Councilman Lundquist and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Bob Generous, Sharmeen
AI-Jaff, Teresa Burgess, Todd Hoffman and Bruce DeJong
PUBLIC PRESENT FOR ALL ITEMS:
7305 Laredo Drive
Planning Commission
INVITATION TO FOURTH OF ..IULY CELEBRATION.
Janet & Jerry Paulsen
Kurt Papke
PUBLIC ANNOUNCEMENTS:
Mayor Furlong invited all residents, their friends and family to join in the 4th of July celebration
being held on July 3rd and 4th at City Center Park and Lake Ann Park. He outlined the schedule of
events and stated he hoped to see everybody there.
CONSENT AGENDA:
approve the following
recommendations:
Co
Councilman Lundquist moved, Councilman Ayotte seconded to
con~ent agenda items pursuant to the City Manager's
Authorization of Payment of $20,790 to Infratech for Sanitary Sewer Televising, PW119.
Resolution g2003-55: Approval of Temporary Lifting of No Parking Zone on Audubon
and Coulter Boulevards, General Mills.
Approval of Application for Temporary On-Sale Liquor License to Serve Strong Beer and
Wine; and Resolution g2003-56: Approval of a Temporary Gambling Permit; August 16
& 17, St. Hubert Catholic Community.
Approval of Temporary On-Sale, Liquor License to Serve Strong Beer at the Adult
Regional Softball Tournament, August 8-10, Lake Ann Park, Chanhassen Lions Club.
Resolution g:2003-57: Approval of Resolution Calling for Public Hearing for the Sale of
Revenue Bonds Associated with the Presbyterian Homes Project.
Approval of Minutes:
- Work Session Minutes dated June 9, 2003
- Summary & Verbatim City Council Minutes dated June 9, 2003
Receive Commission Minutes:
- Verbatim Planning Commission Minutes dated June 3, 2003
- Verbatim Park and Recreation Commission Minutes dated May 28, 2003
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City Council Summary - June 23, 2003
Approval of Request for a Fireworks Display Permit, July 4, 2003 at Minnewashta
Regional Park, Lake Minnewashta Fireworks Committee.
Termination of Utilization Agreement with Carver County for Public Safety Radio
Communication Equipment.
Approval of Contract with Melrose North Pyrotechnics for Fourth of July Fireworks
Display.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sergeant Jim Olson reviewed the Sheriff's Office Report, Citation List and the different crime
alerts Beth Hoiseth put out for the month, stating that nUmbers were up by 256 from last year.
Councilman Lundquist asked if Sergeant Olson was seeing trends in criminal activity in the city
this year compared to last year. He informed the council of burglaries that have been occurring in
the business district, and that an individual had been arrested in another jurisdiction with the same
MO, and since his arrest those burglaries have stopped. He then explained the curfew ordinance
and issues surrounding juveniles and curfew violations, what the drug task force has been doing
and cautioning people about the use of fu'eworks on the 4t~ of July. Greg Hayes from the
Chanhassen Fire Department provided highlights from the MCI drill conducted at the Chanhassen
Dinner Theater on June 16~h. Mayor Furlong stated that between the drill last week and the work
session the City Council had on emergency preparedness the week before, it gives him more
comfort in terms of the preparedness, not only locally with the fire department but also on a
county level in cases of emergencies.
REQUEST FOR A CONDITIONAL USE PERMIT WITHIN THE BLUFF CREEK
OVERLAY FOR CONSTRUCTION OF A HOME ADDITION~ 9201 AUDUBON ROAD~
ERIC THESHIP-ROSALES.
Bob Generous presented the staff report and updated the council on the Planning Commission's
actions on this item. Eric Theship-Rosales was present and asked that the condition pertaining to
the sizing of the septic system be removed. Bob Generous stated that he would prefer to see the
condition remain and have the building official determine what's needed. There was no
discussion or questions from the council.
Councilman Lundquist moved, Councilman Labatt seconded to approve Conditional Use
Permit g2001-5 g2 to permit the construction of a 1,435 square foot addition, subject to the
following conditions:
The on-site sewage treatment system must be inspected to determine if it is in compliance
with City Code and the size of the system must be increased after inspection if necessary
to accommodate the addition of two bedrooms. The compliance report must be received,
and the permit to increase the size of the system must be issued, before the building
permit for the addition can be issued.
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City Council Summary - June 23, 2003
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The septic tank must be a minimum of ten (10) feet from the addition. This site as well as
the existing site must be protected from damage during the construction of the building.
A building permit must be obtained before beginning construction.
The applicant shall enter into a conditional use permit agreement with the city.
The application for building permit shall include a haul route for removal of excavated
material from the site.
Erosion control shall meet the City's Best Management Practices. The applicant shall
submit an erosion control plan with the building permit application.
The existing driveway shall act as the construction entrance, Ail tracking of dirt or debris
from the site onto the public roadway shall be removed .daily or upon verbal notice, the
City shall clear the dirt or debris using a contractor or city forces and equipment and
charge the property owner.
All disturbed areas will be seeded and mulched within 2 weeks of grading work stopping,
except in the case of temporary delays longer than 2 weeks, in which case the applicant
may submit an alternate for temporary stabilization of the site for consideration by the
City Engineer and Water Resource Coordinator.
Construction shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. on weekdays
and 9:00 a.m. to 5:00 p.m. on Saturdays. No construction shall be allowed on Sundays or
legal holidays.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
CHANHASSEN AMERICAN LEGION POST 580~ 290 LAKE DRIVE EAST:
A. APPEAL DECISION OF THE PLANNING COMMISSION FOR DENIAL OF A
FRONT YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF A
DECK.
REQUEST TO AMEND THEIR ON-SALE INTOXICATING LIQUOR LICENSE
TO INCLUDE A OUTDOOR SEATING AREA AS PART OF THE LICENSED
PREMISES.
Sharmeen A1-Jaff presented the staff update on this item. Council members asked for
clarification on the siting of the deck, the property line, screening, and setback from the road.
Gary Boyle, 7214 Frontier Trail was present representing the American Legion to answer
questions. The council asked if the American Legion would be amenable to installing vegetation
for screening that satisfies Xcel Energy's requirements. Gary Boyle stated if it fit within the
budget they would. After discussion from the council, a motion was made. There was
discussion over the wording of an additional condition regarding screening of the deck from
Highway 5.
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City Council Summary - June 23, 2003
Councilman PeterSon moved, Councilman Lundquist seconded to amend condition number
3 to read as follows:
Staff will work with the applicant to install a coniferous tree or shrub barrier that
acts as a substantially complete visual blockage of the deck from Highway 5.
All voted in favor, except Councilman Labatt who opposed, and the motion carries with a
vote of 4 to 1.
Councilman Labatt moved, Councilman Ayotte seconded to approve the request for a 13
foot front yard setback variance (VAR 03-9) for the construction of a 972 square foot deck
based upon the findings presented in the staff report with the following conditions:
The applicant should be aware that the proposed deck crosses over an existing private
storm sewer line. Care should be taken during construction to avoid damaging the storm
sewer.
2. No exterior audio system shall be permitted.
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Staff will work with the applicant to install a coniferous tree or shrub barrier that acts as a
substantially complete visual blockage of the deck from Highway 5.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Councilman Peterson moved, Councilman Ayotte seconded to approve the request to
amend the 'qicensed premises" of the Chanhassen American Legion Post 580 liquor license
to include all outdoor seating areas. All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
DISCUSSION OF CITY HALL LOWER LEVEL REMODELING.
Bruce DeJong presented the staff report on this item asking the City Council to consider to amend
the budget $100,000 to remodel the space being vacated by the library, broken down as $11,000
in architectural fees and about $89,000 for actual construction and equipment. Councilman
Ayotte asked for clarification on how the $100,000 figure was arrived at and how the project
would be run. Councilman Peterson stated he would like to have a philosophical discussion on
the use of that space. Todd Gerhardt stated it had been discussed at a previous work session to
build two multi-purpose meetings rooms in that area with a hallway as the entrance into the senior
center, with a lobby space. There was discussion over the amount of funding to use and obtaining
quotes for the work to be done. Councilman Lundquist suggested looking into hiring a general
contractor outside of the city staff.
Councilman Peterson moved, Councilman Lundquist seconded to amend the 2003 budget to
include approximately $11,000 forspecs for the City Hall lower level remodeling. All voted
in favor and the motion carried unanimously with a vote of 5 to 0.
DISCUSSION OF CITY CODE AMENDMENT TO ALLOW WINE IN CITY PARKS.
Todd Gerhardt recommended to direct the Park and Recreation Commission to discuss this item
and make a recommendation to the City Council on the issue of selling and allowing wine in city
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City Council Summary - June 23, 2003
parks. The council also wanted to See what other cities are doing in regards to their policy of
allowing wine in city parks. There was no motion made on this item.
COUNCIL PRESENTATIONS:
Nikki Edwards, 8905 Quinn Road missed the visitor presentation portion of the meeting so she
asked to address the council at this point. She wanted to update the City Council regarding her
request for a variance for her septic system. Her request to City Council has ended up costing
$13,749 so far so her request was if the city should bring city sewer services through in the future,
and it's her understanding that septic systems, if they're pumped every 3 years have the potential
to last forever, or a minimum of 20-25 years, so she was that council state as a matter of record
that she would be exempt of being forced into city services in the next few years. Todd Gerhardt
stated he would bring this back for discussion on the next city council agenda.
Councilman Ayotte provided an update on a Neighborhood Watch meeting he had attended and
the safety concerns expressed about the lights that had been turned off for budgetary reasons on
Powers Boulevard.
ADMINISTRATIVE PRESENTATIONS. FOURTH OF ~ULY CELEBRATION
ACTIVITIES~ PARK & RECREATION DEPARTMENT.
Jerry Ruegemer updated the council on the activities planned for the Fourth of July celebration.
Todd Gerhardt informed the council that on the next agenda on July 14th staff will be bringing
back a modification to the purchase agreement to exclude council approval on the Minnegasco,
Xcel and Met Council bills. Typically policy says right now that anything over $15,000 needs to
be brought back to council. Most of these items are usually over the $15,000 mark and staff
believes that the council doesn't need to consider them as they are a utility have to be paid.
Councilman Ayotte moved, Councilman Lundquist seconded to adjourn the meeting. All
voted in favor and the motion carried. The City Council meeting was adjourned at 8:40
p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim