SUM 2003 08 11CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
AUGUST 11, 2003
Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte,
and Councilman Peterson
COUNCILMEMBERS ABSENT: Councilman Lundquist
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Kate Aanenson, Teresa
Burgess, Todd Hoffman, and Bob Generous
PUBLIC PRESENT FOR ALL ITEMS:
Debbie Lloyd
Barb & Colton Peshek
7302 Laredo Drive
6480 White Dove Drive (Scout Badge)
PUBLIC ANNOUNCEMENTS.
Mayor Furlong reminded all citizens of the odd/even lawn watering ban in effect from May
through September. Permits for daily lawn watering are available at the city engineering office
for new sod and seed that requires extra watering. He also reminded everybody of the
Chanhassen library's grand opening on Saturday, August 16th at 9:00 a.m..
CONSENT AGENDA: Councilman Ayotte moved, Councilman Labatt seconded to
approve the following consent agenda items pursuant to the City Manager's
recommendations:
a. Resolution #2003-67: Approval of Change Order No. 1, City Center Park.
c. Authorize Advertising for Bids, Kings Road Pond.
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Approval of Request for Planned Unit Development Amendment for a Director Sign;
Southwest Corner of Kerber Boulevard and West 78th Street, Steve Hansen.
Approval of Request for an Amendment to the Planned Unit Development for Hidden
Valley to Allow a Preschool Montessori as a Permitted Use; Discovery United Methodist
Church, 275 Lake Drive East, Asim H. Qadri.
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Resolution #2003-68: Approval of Resolution Posting "No Jake Braking" Signage by
MnDot on Highway 5, Project 97-6A & 97-6B.
Approval of Certificate of Correction for the Plat of Schneider Park 2nd Addition, Project
02-02.
Resolution//2003-69: Approval of Resolution Removing 1551 Lyman Boulevard from
Agricultural Preserve Status.
City Council Summary - August 11, 2003
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Resolution/t'2003-70: Approval of Resolution Ordering an Alternative Urban Areawide
Review (AUAR) for the 2005 Metropolitan Urban Services Area.
k. Approval of Letters of Support for Southwest Metro Transit MCAQ Funding.
1. Approval of Amendment to the Carver County Fire Department Mutual Aid Agreement.
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Approval of Modified Agreement with the Carver County Library System for Library
Services.
n. Resolution #2003-71: Approval of Change Order No. 9, Chanhassen Library Project.
Approval of Minutes:
-Amendment to City Council Summary and Verbatim Minutes dated July 14, 2003
-City Council Work Session Minutes dated July 28, 2003
-City Council Summary and Verbatim Minutes dated July 28, 2003
Receive Commission Minutes:
-Planning Commission Summary and Verbatim Minutes dated July 15, 2003
-Park and Recreation Commission Summary and Verbatim Minutes dated July 22, 2003
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Resolution #2003-72: Approval of Extension of the Temporary Parking on Coulter and
Audubon Road until September 5, 2003.
Resolution//2003-73: Approval of Plans and Specifications; Authorize Advertisement
for Bids, Minnewashta Loop Project 02-08.
r. Acceptance of Donation of Hazardous Materials Equipment, Physical Electronics.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS.
Senator Julianne Ortman thanked Mayor Furlong for joining her at the State Capitol to hear the
Governor and Lieutenant Governor announce that out of the $825 million dollar bonding bill,
$225 million of that, or over a quarter of it will be dedicated to Carver County to the realignment
of 212 and the 10 miles stretch between Chanhassen and Chaska. She explained how the money
will be spent and what the City Council can expect in the near future related to the construction of
this roadway. Mayor Furlong asked for the time line associated with the municipal consent
process. Teresa Burgess clarified that the City would not need to act on this until January, even
through the process would begin in September-October.
PUBLIC HEARING: REQUEST FOR AN ON-SALE INTOXICATING LIQUOR
LICENSE, 7874 MARKET BOULEVARD, REY AZTECA, INC., MARCOS GOMEZ.
Todd Gerhardt stated staff has done background checks on the applicant and no negative
comments were found. Staff is recommending approval of the liquor license after the City
Council holds the public hearing. Marcos Gomez, the applicant, stated he was looking forward to
bringing Mexican food into the community. No one else spoke and the public hearing was
closed.
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City Council Summary - August 11, 2003
Councilman Peterson moved, Councilman Ayotte seconded to approve the request for an
on-sale intoxicating liquor license, including Sunday sales, for Rey Azteca, Inc., dba Rey
Azteca at 7874 Market Boulevard as presented. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
CONSIDER STIPULATION OF FACTS AND CIVIL SANCTION, FAILURE OF
ALCOHOL COMPLIANCE CHECK, 560 WEST 78TM STREET, CHARLIE RAE, INC.,
DBA AXEL'S.
Roger Knutson provided the staff report on this item. Due to circumstances surrounding the
compliance check, staff is recommending that the City Council approve the Stipulation of Facts
and Civil Sanctions which have been signed by the attorneys subject to approval calling for a
$3,000 fine and $500 donation to MADD. Mayor Furlong asked for clarification on the amount
of the fines. Councilman Peterson asked if there was anything the council could do if they
philosophically don't agree with state ordinances. Councilman Ayotte was wondering what
Axel's can do to change their procedures for carding individuals. Ray Ortman, Axel's attorney,
and Tonya Swenson, Axel's General Manager, were present to discuss what Axel's is doing to
educate and train their employees. Councilman Ayotte asked if Axel's had considered
reconfiguring the layout of their establishment to help with the problem. Councilman Labatt
asked that Axel's contact the MADD state office and ask to address their Victim Impact Panels,
along with the fine and donation. Councilman Peterson stated he liked the idea of Axel's
performing their own in-house compliance checks. Mayor Furlong asked Axel's to report back in
6 to 12 months to report how the in-house compliance checks are working for them and provide
an update on the MADD Victim Impact Panels experience. After council discussion the
following motion was made.
Councilman Labatt moved, Councilman Peterson seconded that the City Council approve
the Stipulation of Facts and Civil Sanctions concerning Axel's recommending a $3,000 fine,
a $500 donation to MADD, and that the October and June violations be deemed a single
violation, with the caveat that Axel's contact the State office of MADD to address their
Victim's Impact Panels and report back to City Council in 6 to 12 months. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE LOT 8, BLOCK 1,
RICE LAKE MANOR INTO 4 LOTS; NORTHEAST CORNER OF WEST 86TM STREET
AND TIGUA LANE; 8590 TIGUA LANE, KURT MILLER.
Kate Aanenson provided the staff report and Planning Commission update on this item. Mayor
Furlong asked Teresa Burgess to provide an update on the need for a lift station to service the 3
additional lots. Marry Schutrop, representing the applicant, was present to answer questions.
Councilman Peterson moved, Councilman Labatt seconded that the City Council approves
the preliminary plat for Subdivision ~03-11 for Rice Lake Manor Second Addition for four
lots as shown on the plans dated November 19, 2002, subject to the following conditions:
1. City Forester conditions:
The applicant shall submit a landscape plan showing a minimum of 12 trees to be
planted.
A minimum of two (2) deciduous, overstory trees shall be required in the front
yard of each lot.
City Council Summary - August 11, 2003
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The applicant shall be responsible for installing all landscape materials proposed
in the rear yard areas.
Tree preservation fence shall be installed at the edge of the grading limits on Lots
3 and 4, Block 1 prior to any construction.
On the grading and utility plan:
Show all existing and proposed easements.
Label each of the new lots as custom graded.
Show the rear lookout elevation for Lot 3.
Show the location of the existing wood fence.
Show the existing sanitary service to Lot 2.
Show and label the existing 8 inch DIP watermain in West 86th Street.
Add a row of silt fence in back of the curb near the existing sanitary manhole.
Move the lift station to within five feet of the common property line of Lots 3 and
4.
All plans must be signed by a professional engineer registered in the State of Minnesota.
Detailed grading, drainage, tree removal, and erosion control plans will be required for
each lot at the time of building permit application for City review and approval.
Proposed runoff rates for the site must be submitted to ensure that the existing storm
sewer is sized sufficiently.
The lift station will be designed by the City and paid for by the developer.
Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be
due on all of the lots at the time of building permit issuance.
Since the applicant is now proposing more units than what was previously assessed, the
three additional units will be charged a watermain lateral connection charge at the time of
building permit issuance.
The applicant is required to install the sanitary and water services to the property line of
the proposed lots.
Drain tile is required to be installed in back of the curb on Tigua Lane.
Based on the proposed developed area of approximately 2 acres, the water quality fees
associated with this project are $1,898 and a water quantity fee of approximately $4,969
for the proposed development. AT this time the estimated total SWMP fee due payable to
the City at the time of final plat recording is $6,594.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
Building Official conditions:
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City Council Summary - August 11, 2003
Soil reports must be provided for all lots where fill soils are placed or soil
correction work is done.
The owner and/or their representative shall meet with the Inspections Division as
soon as possible to discuss plan review and permit procedures.
14.
Park and trail fees shall be paid as required by ordinance for the three new lots only. The
total fee based on 2003 park fee requirements is $2,400 per lot or $7,200 for the three lots,
payable at the time of final plat recording.
15. The driveway serving Lot 3 shall be located to the north as far as reasonably possible.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Mayor Furlong and Councilman Ayotte provided updates on the National Night Out event held
August 5th.
ADMINISTRATIVE PRESENTATIONS: UPDATE ON 2004 STREET IMPROVEMENT
PROJECTS, TERESA BURGESS, CITY ENGINEER.
Teresa Burgess showed maps reviewing the 2004 street improvement projects. She also
explained the Pavement Management Plan and how streets are picked for improvements. Mayor
Furlong asked if streets planned for rehabilitation within the next 3 years were available on the
web site. Teresa Burgess stated if they weren't, they would add that information. The public
hearing will probably be held in September. Councilman Peterson asked for an update on the
sanitary sewer break on Lotus Lake. Teresa Burgess reminded the public that the map showing
the construction planned for Highway 212 through Chanhassen will be displayed in City Hall for
about a week and she would welcome any comments or questions. It is also available on the
MnDot web site.
CORRESPONDENCE DISCUSSION.
Councilman Ayotte asked Todd Gerhardt to explain the letter from Scott Neal, City Manager of
Eden Prairie regarding WAFTA. Roger Knutson explained how the conference committee
works. Councilman Ayotte asked staff to find out who the members were on the conference
committee discussing this item.
Councilman Labatt moved, Councilman Ayotte seconded to adjourn the meeting. All voted in
favor and the motion carried. The meeting was adjourned at 8:05 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim