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CC 2003 08 11CHANHASSEN CITY COUNCIL REGULAR MEETING 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: Thank you. Good evening and welcome to everybody that's here and to all those that are watching at home this evening. We'd like to include a couple public announcements. The first being that due to the hot, dry weather conditions the city has been experiencing, there's been a dramatic increase in lawn watering and sprinkling. The city is requesting the property owners to cooperate with our odd/even lawn sprinkling restrictions which are in place every year from May through September. Homes with street addresses ending in an odd number may sprinkle on odd numbered calendar days and those with street numbers ending in even number may sprinkle on the even number days. Daily watering permits are available for new seed and sod if it requires extra water so please contact the city engineering department for that. If you have any questions you can call 952-227-1300. Also, on a happier note, this Saturday is the grand opening of the new library and we'd like to make sure that everybody is aware of it and that all those that are able can come and join the festivities. It's Saturday, August 16th. The program begins at 9:00. There will be activities and events occurring throughout the day for both children and adults. Entertainment, refreshments will be going on as well. There will be craft shows and craft activities excuse me and other things so it should be a very memorable event and one that I hope everyone will be able to join me and others at as well, so that's this Saturday the 16th of August beginning at 9:00 in the morning. 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. Approval of Request for Planned Unit Development Amendment for a Director Sign; Southwest Comer of Kerber Boulevard and West 78th Street, Steve Hansen. City Council Meeting - August 11, 2003 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. 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. Resolution #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. 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 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. Mayor Furlong: I did ask Senator Julianne Ortman to come and address the council. She is here this evening so at this time Senator Ortman, good evening. Senator Julianne Ortman: Thank you Mr. Mayor and City Council members. I appreciate the invitation Mr. Mayor to come and talk. You had joined me so kindly at the Capitol a couple City Council Meeting - August 11, 2003 weeks back to announce major news for Carver County. The plans to move up the construction time line for Highway 212. Actually it felt like a momentous occasion to be at the State Capitol and hear our Governor and Lieutenant Governor announce that there would be $225 million dollars, 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. So the traffic will all be redirected from 494 down south through Eden Prairie and down to Chaska. It's momentous because Highway 212 is a U.S. Highway and with these dollars, $225 million dollars we'll be able to start making the needed upgrades to that road that will take us all the way to the South Dakota border. It will become a U.S. Highway once we make some of those changes. The $225 million is to be added to additional dollars that were dedicated by MnDot prior to the $825 million bonding bill. In fact there were $30 million for acquisition along the way. Those dollars couldn't be bonded. They had to come from somewhere else so MnDot's already dedicated $30 million to that project, and another $5 million actually came from a transit account because there will be a bus lane and there will be bus stations along the way. And so altogether the package is the $268 million that you all have been hearing about over the last several years from the Southwest Transportation board, and as a member of that board I also wanted to thank the City of Chanhassen for it's support for that board and for the advocacy that you did at the Capitol and also for your membership in that board and leadership from your mayor and I know that Councilman Peterson has been at those meetings and we appreciate that very much. As you know the $825 million in new bonds is new. It's a new way of funding roads and without that bonding opportunity we really wouldn't have 212 because it's such a big pot of money. The $268 million price tag on that 10 mile stretch is the highest price tag of any project in the State of Minnesota at the time for any highway project, so it seemed like without a big pot of money from creatively developed sources we weren't going to get 212. The bonding, just for the viewing audience more than you all because I know you understand the concept. We borrow $400 million at an interest rate of 4 percent. That's a 20 year bond that we'll be paying off over time. With the acceleration of the road projects that we'll be paying for, there's actually 68 years that we'll be saving so we'll be building roads, using the 4 percent interest rate and paying for it over time. And just like most people buy a home over time. They live in it. They pay towards it and then they have a valuable asset at the end, the State of Minnesota will have valuable assets. Will have valuable highways that build infrastructure and get our economy moving sooner. I think everyone in Carver County who's had to sit in traffic knows well that this road was absolutely necessary and I'm very pleased to have been a part of the solution. I think that the Governor and Lieutenant Governor I have to say have hit a home run this year with the 4.5 billion dollar deficit, it was important in our community, from what I could tell, that we not raise taxes and we didn't do that. We solved the budget deficit without raising taxes. We did not do any significant cuts to the schools and aside from that we'll be building new roads so I think that our community has been extremely well served by this legislative session and by the Governor and Lieutenant Governor Molnau and their administration and it's been a pleasure to serve there and I will ask if there are any questions for you about that or about any of the other legislative issues this year or issues that you're concerned about for next year. I did bring the legislative update for the members of the council if you're interested or for the public and the guests that are here tonight. Mayor Furlong: Okay, thank you. Any questions? For the Senator. Councilman Peterson: Senator, what can we do as a council from your perspective, if anything. Hopefully there's something we can do to further, it's not you know, it's not completed yet. Is there anything we can do to further expedite it and to further make it less curves in the road, no pun intended. City Council Meeting - August 11, 2003 Senator Julianne Ortman: Well first you can field the complaint calls. No, I'm kidding. You know I think the joke's on me because the construction will be right across the street from my house and I've been advocating very hard for this road, but I think it's going to be welcome construction. I think most people in the community are looking forward to having it. There are additional stages of construction that are going to need to be advocated for. We've got the piece in, 268 or the 10 mile stretch but the road extends quite a bit all the way to the South Dakota border. I was recently in Washington to lobby our congressional delegation to ask them for federal dollars. Seems to me that if we've got $268 million out of our limited funds in the State of Minnesota, I can't go back and ask for additional dollars for 212 next year, although I did kiddingly ask the Governor if we could have money for Highway 5. And you all know I was only half kidding but I don't think he, but I wasn't just kidding, but I can't go back and ask for more dollars I don't think in the next few years, especially if we bond more roads. Something tells me that the 212 priority is going to be shifted down and some others are going to be moved up as should be expected, so now I think that what we can do is advocate towards and talk to Representative Klein and Representative Kennedy who serves on the Transportation Committee in the House. The two of them as far as I understand it, made a good priority for the State of Minnesota to get funding from the federal government, and I think that they are in a better position to do that now that the State has put up so much money, because it's a U.S. Highway it seems to be that Congress needs to take the next step. So if you have an opportunity or even maybe taking the opportunity to write a letter to our Congressmen. I know Senator Coleman, I spoke with him in Washington about this as well. It hadn't been put on his request list for transportation projects the last I had heard, but I know his legislative assistant was going to be working on adding that in at the last minute. I haven't heard back but that's the next step really is getting the federal dollars to continue the roadway out. The accelerated time line is going to mean that the construction will begin at 2005, but I've learned from MnDot that the bids will be let the first part of 2005. Right now they're re-designing and re-engineering to make sure that the communities get what they want. In particular the City of Carver has asked that MnDot look at the realignment to make sure that there's an intersection at Carver County Road 147, which is a major intersection for the City of Carver and MnDot has been very accommodating in getting that, and Carver County as well. The Public Works Engineer Roger Gustafson has been assisting or trying to adjust that so that the city is well served and with the $268 million price tag, I hope everybody's going to be really happy and we're going to make sure that everyone, I know that you all are going to be going through a mutual consent process and I want to offer my services if there's anything at all that I can do to assist with that. I'd be happy to do that and I know that MnDot will, has already been here and will be back many times and if there's anything I can do to be a liaison there as well, I'd be happy to do it. Mayor Furlong: Thank you. Senator Julianne Ortman: That was a very long answer. Councilman Peterson: Good answer, thank you. Mayor Furlong: And I think just for clarification of this evening, MnDot has asked for some preliminary feedback from the council so after our council meeting we're going to take a look at the current alignment. Look at that. You did mention Senator too, for municipal consent I believe. Is MnDot still on track, they'll be asking for that from us later this fall? Is that your understanding? 4 City Council Meeting - August 11, 2003 Senator Julianne Ortman: I believe as early as September. As soon as the cities are ready, we're going to start going through that process and others, like the City of Carver are going to be a little further out because they're still re-designing so they wanted to start here and in Chaska. Teresa Burgess: Mr. Mayor if I could clarify. They will be approaching us September-October but we will not be required to give an answer back until January. Obviously we'll try to get through it much quicker but some of the other communities may need longer. Mayor Furlong: Sure, and a couple people already asked me on that and just for clarification, there will be an opportunity for public input into that process so we'll be organizing that to make sure everybody has an opportunity to make sure that their concerns are addressed. So very good. Are there any other questions? Otherwise thank you for coming and thank you for your good representation of us down in St. Paul. We appreciate it. Senator Julianne Ortman: Thank you. It's always a pleasure to be here and I'm looking forward to the festivities this week with the library. Mayor Furlong: Very good, thank you very much. Are there any other individuals that would like to speak for visitor presentations? If not we'll close visitor presentations and move onto the next item on our business. PUBLIC HEARING: REQUEST FOR AN ON-SALE INTOXICATING LIQUOR LICENSE, 7874 MARKET BOULEVARD, REY AZTECA, INC., MARCOS GOMEZ. Todd Gerhardt: Mayor, Council members. Staff has done background checks. No negative comments were found. Staff is recommending approval. This is a public hearing. I would ask that you open up the public hearing at this time. Mayor Furlong: Thank you. Are there any, in advance of the public hearing, are there any questions for staff from the council? Is there are none we will open up the public hearing at this time. This is an opportunity for anyone to approach the council and speak on this matter. Good evening. If you could state your name and address please for the record. Marcos Gomez: Marcos Gomez. My address is 4502 West 133 Street, Savage, Minnesota, 55378. Mayor Furlong: Thank you. Marcos Gomez: I'd like to say that I'm very anxious and looking forward to bringing the community some Mexican food. Of course if it gets your approval then we can have a margarita. Mayor Furlong: Okay, very good. Thank you. Are there any questions for the applicant? No? Okay. Very good, thank you sir. Public hearing is still open if anybody else wishes to address the council on this matter. If there are none I'll go ahead and close the public hearing and bring it back to council for discussion. Is there any discussion on this matter? Councilman Ayotte: No. Mayor Furlong: Okay. Can I get, it will be a nice addition to the city I think so, in terms of what I understand of the restaurant and what you're trying to present so with that, if there are no other items of discussion, is there a motion? City Council Meeting - August 11, 2003 Councilman Peterson: Motion to approve. Mayor Furlong: And a second? Councilman Ayotte: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none, without objection we'll proceed to the vote. 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: Mayor I'll make a brief staff report if that's okay. Mayor Furlong: Thank you. Roger Knutson: This matter is coming back to you. It was tabled from a previous council meeting. On June 6, 2003 the sheriff's department conducted a compliance check with Axel's and a bartender we believe sold liquor to an underage person. This is the second incident at Axel's. There was a prior one last October in which a Stipulation was entered into. The Stipulation provided on the prior offense that if there's a subsequent offense within 5 years there'd be a 3 day suspension that was otherwise due under the first violation would be imposed and they'd have to serve that. Based upon the circumstances of this case, which I've laid out in my letter to you, how the compliance check was conducted, and it was conducted in a way that was not 100 percent compliant with the requirements of our ordinance, we recommended that the City Council approve the Stipulation of Facts and Civil Sanctions which have been signed by the attorneys subject to your approval. This would result in a $3,000 fine and a $500 donation to MADD which has to be paid before June 1st. If this is approved, this would go on the record. The two violations together would be deemed as one violation and a second subsequent violation after this, which we hope there never will be, presume penalties of 6 day suspension. We're recommending approval. If you have any questions I'd be happy to try to answer them. I believe the applicant and her attorney is here as well. Mayor Furlong: Thank you. Are there any questions? Question of clarification. In the Stipulation agreement it talks about the paragraph 6, replacing the state suspension set forth in the prior agreement. Without understanding all the legal ness, this civil penalty and the donation to MADD is above and beyond what was previously paid is that correct? Roger Knutson: That is correct. They previously paid I believe $1,000 and 3 day suspension was stayed. So in lieu of that 3 day suspension, which we are, this sets aside, you're giving a total penalty of $3,000 cash. $3,000 above what was paid before and $500 donation to MADD. Mayor Furlong: Okay, thank you. City Council Meeting - August 11, 2003 Councilman Peterson: Roger let's just talk philosophically for just a few minutes. Is there anything, let's assume that I for one philosophically don't think that our state ordinances is the most appropriate or the fairest to our citizens and potentially the people that were involved in any of these kinds of situations. I mean do we have to lobby our legislators to potentially change something? As an example, if we take a license away, the question philosophically is are we punishing the right people. We have limitations on fine. With that being said, can we do anything other than lobby our state legislators to potentially change that? Roger Knutson: That would be my recommendation if you don't like what the state statute provides and we can't go beyond what state statute allows, which is different for example for violations of sale of tobacco products to minors. There are no limitations basically on the fines in what you can do there. Why they have it in one place for liquor and not for tobacco, that's a question I can't answer. Different legislative sessions dealt with it. Councilman Peterson: Do you have any recall as to how, or when the last time this was updated or changed by the State? Has this been a long standing ordinance or has it been reviewed every year? Roger Knutson: No, it's not been reviewed in, it's been $2,000 and 60 days as long as I can remember. Councilman Peterson: That's a long time. Roger Knutson: That's a long time. Councilman Peterson: Okay, thanks. Councilman Ayotte: Is there something that, the punitive aspects of things is one point but, and it's a little bit towards what Craig's talking about but I'm not a philosopher. I'm just trying to figure out what Axel's can do to educate it's staff or maybe address the way it's laid out. You know when you go into the bar, boy it's busy because you folks are successful there. I want Axel's to prosper and keep on making money and thriving because it's good for the community. And I want Axel's to stop giving liquor to underage folks. So and last time we talked to them we talked about doing something educationally, and I got a lot of north and south. You know good things are going to happen and we've got this program but there's got to be a reason why what happens happens. Is there any way that we can, as a council, request of Axel's in addition to dealing with this particular situation, truly figure out what is happening and what can be done to mitigate risk to an underage person going in there and drinking. Roger Knutson: First I believe Mr. Ortman is prepared to explain to you, the council, what they have in mind as far as continuing practices and changing their practices. I would point out from my experience in other communities that compliance checks do have, the desired effect of a compliance check is not to find someone selling. The desired effect is to find people not selling. That's what we hope for. But in communities, other communities I work in they have been doing this for a number of years, they have found that compliance checks do have that effect. I don't know if it's universal but my experience has been that people sit up and take notice and it has had a good effect. Now some cities what you would call Best Management Practices and they have all sorts of things, but those are things also that the owner can implement I believe. They aren't full proof and mistakes still can be made, but I believe if the owner is very adamant about it and educates his employees and this is no reflection on Axel's but I know in a lot of establishments employees come and go fairly regularly and so it's necessary to re-educate or 7 City Council Meeting - August 11, 2003 educate new employees as they come on board. And I think that can have an effect and I think Mr. Ortman would like to explain to you what they have in mind for better educational efforts at Axel' s. Mayor Furlong: Okay. Any other questions for staff? If not, Mr. Ortman. Or other representatives. Thank you. Ray Ortman: Thank you Mr. Mayor and Honorable council members. We're here today in regard to the Stipulation and specifically to respond to Councilman Ayotte's very important question about what is Axel's doing to make sure that this doesn't happen, and we wanted to impress upon you how seriously Axel's takes this and share with you some of their existing policies and procedures and also some new ones that have been developed in light of the most recent incident, to do everything that's humanly possible to keep underage people from being able to consume alcoholic beverages at Axel's. It will not be full proof because there's humans involved and humans make mistakes but Axel's will do everything that it can do, and is open to additional suggestions beyond what the materials we will lay before you as right now. I would like to beg your indulgence to let Tonya Swenson, the General Manager of Axel's explain to you the various things that are already in Axel's policy and then briefly describe for you the additional policies that are being undertaken in the wake of this incident, if I may have your indulgence. Tonya Swenson: Good evening. Sorry about my voice. I don't have it much anymore but I'm here tonight. I've been General Manager at Axel's for the past 3 years and I've been with the company since they were established 7 years ago. I'm here tonight to assure you that we are doing everything we believe within our power to insure that Axel's does not serve underage persons. Did you handout the, okay. Let me go through some of our policies and procedures that we've been doing over the years at Axel's. First thing is that we, Axel's generally does not cater to a younger clientele. We're more of a supper club. We don't see a lot of 21 year old or younger persons coming into our restaurant. We do hole annual liquor awareness seminars to ali of our employees which are mandatory. We just finished one last Saturday, and I do have those copies of employee signatures and verification forms. My managers and I attended the County compliance seminar which was in Cologne in April. In our employee manuals it states in there very clearly in the server and bartender manuals that Axel's requires them to card anybody appearing to be under the age of 30, and we have actually even changed that to the age of 40. I do have a sign posted in the front door also that let's customers know that they will be asked for an ID if you appear to be under the age of 40. And our servers and bartenders have been very strict about that and they have actually even turned people away that obviously were over 21. Some 30-35 and some of the persons have gone home and gotten their ID and came back even. They're also, if somebody comes in and orders a drink and they have people with them and say the other 3 people have gone to the restroom, they wait until the people get back before they'll serve them. And they're watching each other's back too. Sometimes people start in the bar and then they're transferred over to tables in the dining room and I've heard many of my servers ask them, well did you ID this person already, so we've been very good about that. We also have signs throughout the restaurant. We have hot pink notes on the computers which has been there for quite some time. We have signs on our schedule board, bulletin board that says that you must card. We also hold pre-shift meetings nightly which at least weekly we talk about carding and remind the staff. The bartenders will not always attend that because they're behind the bar at the time but the manager's always sure to go back and share with them what we've talked about in pre-shift. We also type up the features for the day and at the bottom we have little pre-shift notes which usually include our carding policies. The bartender that failed the compliance check, Todd Wittenberg, was fired from Axel's. We have a no tolerance, it says in our employee manuals, which they sign when they're hired. If they do fail they will be terminated. We also have a new City Council Meeting - August 11, 2003 policy that we've come up with that hopefully will help ensure that this will never happen again. We are going to start having our own in-store compliance checks, and this is going to be at all four of our restaurants. We have put this policy in our last paycheck at all the restaurants so every server and bartender got this in their hand stating what our policy is, and I believe we've handed you a copy of that. This is starting this money at all the stores and if they fail the compliance check, they are suspended for one week without pay. And if they pass it we're going to do a either a cash or gift certificate reward. Something along those lines. I think that's about all I have for you. If you have any suggestions we would love to hear them. We are trying to do everything we can. People make mistakes. It's unfortunate so any questions for me, or any suggestions on what we can do. I'd like to hear them. Mayor Furlong: Questions. Councilman Ayotte: Yeah just, partially a suggestion, partially a question. Probably the best source of people who know how to ensure that we don't have young people going in and trying to get a drink are your bartenders and the people who wait on folks, right? It seems to me, you know a punitive action sometimes is very, very apropos, and I understand what you're doing here. But logistically when you walk into Axel's, and I've been there a few times...the ability for a bartender to control what's going on there may be difficult. Have you done anything to take a look at the way that you're set up? Have you done anything to query your employees to ask what their views are? I mean policies are great and so forth and I'm sure you're wanting to put parameters and constraints, how about the fact finding part of things? Have you talked to your employees to figure out what can be done in terms of set up, layout and so forth? Ray Ortman: If I may interject here, I'm sorry Councilman but it is my understanding that there are multiple managers. There's like a hostess station that you come into and it's the policy is working properly and apparently it failed in this case because not everyone was where they usually are, but if the policy's working properly, when anyone comes in the restaurant, those people that greet them and welcome them, you know if they look like they're young, and if they're doing their job according to the way they've been trained, they will go and alert the server or the bartender and say hey, this person looks young. Make sure you check their D. I know that from my visits with the Axel's people in preparation for tonight's session and I knew, I don't know if that's the respond you were looking for or suggesting Mr. Councilman but it is an indication of a way that Axel's is trying to deal with sort of multi-tiered layout of the restaurant. Where you've got someone coming in. They're greeted immediately and those people, if they're doing it the way they've been trained, will be alerting the other folks down the line... Tonya Swenson: There's also my managers and I, there's myself and two other managers at Axel's and we've also talked about this obviously and I've also asked of them to be more aware and to be watching our clientele closely so if there is an underage person, that looks underage to them, that they can walk to the bar and kind of make sure that we are carding and following our policy. Mayor Furlong: Questions, Councilman Labatt. Councilman Labatt: Just a couple comments. Well two for two with them, but I'm just wondering if you know, the fine and the donation to MADD, I'm just wondering if we can add there, you know MADD has their victim impact panels and statements. Councilman Peterson: What's that? City Council Meeting - August 11, 2003 Councilman Labatt: Where people who are victimized by drunk drivers or people who are, like Axel's who have been caught, will go and they'll talk in front of panels about what they've done and what they've experienced and how, the steps that they're implementing and how maybe other companies or establishments can increase their security measures in this compliance check. So I'd like to add that in addition to the $3,000 and $500 donation that they contact the MADD state office and offer up their services to one of their victim impact panels. Tonya Swenson: I think that's a good idea. Councilman Peterson: Supporting that, I think the idea of hiring their own person I think is commendable and a neat idea quite frankly, which I think you'll probably get more mileage out of that than you will anything else. Because if they know they're going to be checked once a month, that's different than once or twice a year and it's going to keep them attuned, which I think is a great idea. And unfortunately all of our establishments in town aren't large enough to be able to afford something like that necessarily, but with your presence in the Twin Cities area, obviously you can and move it from establishment to establishment so. And I think that having your managers go speak as Steve has mentioned, I think will be valuable for them too so. Mayor Furlong: It's a great idea. I guess the other question or comment that I'd be interested in, and again this new monthly self compliance check policy which you're instituting, you know I guess I'd be interested if you're willing to come back in 6, 9, 12 months and just let us know how it's going. And honestly report what the effect has been and maybe so we can see how it's working. And if you work with MADD on the impact, if I wrote it down right, just kind of give us some, you know kind of a, maybe there will be some more positive news at that time to report but I'd be interested in some follow-up if that's something you'd be willing to do. Tonya Swenson: Oh yeah, sure. Mayor Furlong: To come back and let us know how it's going and maybe there are other things as part of this that you find and you can, there are other policies that you've changed as well. Any other questions? Councilman Labatt: No, I'm fine with what the Stipulation says. I just wanted to add that one caveat to it, and I can supply them with a phone number right here... Mayor Furlong: Thank you very much for coming. Tonya Swenson: Thank you. Mayor Furlong: We'll bring it back to council now for any other discussion if there is some. Councilman Peterson: The only other discussion doesn't really relate to Axel's per se, as I think they've gone a long ways in dealing with a difficult, unfortunate situation but you know as I articulated a little bit, when we take the license away from an establishment, it's even more clear in my earlier comment, I think we're punishing the wrong people. Like example in this case, the bartender's gone so they're not going to be affected by closing them down. The employees that are still there that didn't do anything wrong are going to be penalized. The residents that use our establishments are going to be penalized. And obviously the ownership is, but ! think the fine is a more appropriate course of action because it really hits only the owners and not the employees and not the residents but again our hands are somewhat tied and that's what's frustrating me that this is simply not what I feel is in the most appropriate best interest of our citizens and our 10 City Council Meeting - August 11, 2003 community. So I ask that the next time we have the Senator and our other legislators in here, let's talk to them about it. Councilman Labatt: Well I think, I don't know Craig if I totally agree. I still think it's, yeah the bartender's been punished but you've still got to send a message to the management. Now, ! look at it being, it's no different than doing maintenance on a restaurant when you've got to close down your grill for a day to clean the duct work. You post your notice pointing in advance we'll be closed this date, this date, this date. You know if they want to state the reason why, because their's license's been suspended by the City for selling underage they can do that, or if they want to say we're closed for maintenance but I still think it sends a message to management that we're serious. And it gives them a chance to do maintenance maybe on a couple days. Councilman Peterson: Well, what if it's 6 days or what if it's 9 days? Councilman Labatt: Well then they can remodel like Ayotte wants. Councilman Ayotte: I didn't say remodel. I just said look at the way it's laid out and deal with that from a procedure wise. There's always, any time something bad happens, good things happen. And that's what's happened here. Some of the ideas that are percolating up. I really believe the MADD organization is just excellent and the thing we want to do is make sure that young people don't go to Axel's or any other establishment, drink, get drunk and hurt themselves or others. That's the concern that I've got. And if we educate and pass information back and forth, then irrespective of down the road, this immediate situation has turned into a good thing. So let's find a little bit of a positive aspect to this particular event. That's all I have to say. Mayor Furlong: Thank you. I think I would agree and it's a bad situation but the key here is to keep alcohol out of the hands and mouths of those that aren't legally old enough to drink and that's everybody's goal here. I think as Councilman Peterson stated, our hands are a little bit tied by state statute in terms of how we can help accomplish that, and ! don't think it's an either or. I think having both mechanisms of closure and fine is the way to go to give the council the discretion to use those, and from time to time one of those may be more appropriate than the other, depending on the circumstances so. That being said, you know in terms of this agreement I think it's reasonable given the circumstances so is there any other discussion? If not, is there a motion. Councilman Labatt: I would move that we approve the Stipulation agreement as presented tonight and with just giving Mr. Ortman direction to contact MADD state office. Mayor Furlong: Okay. As part of that request? Councilman Labatt: Yeah. Mayor Furlong: Approve the Stipulation agreement but not with. Councilman Labatt: Approve the agreement with a little side caveat of. Mayor Furlong: The two requests. Councilman Labatt: The two requests for, yep. Mayor Furlong: Okay. Is there a second? 11 City Council Meeting - August 11, 2003 Councilman Peterson: Second. Mayor Furlong: Is there any other discussion? Seeing none we'll proceed with the vote. 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: Thank you. The subject site, Highway 101, West 86th and Tigua Lane. The subject lot. There's one existing home on the property. The Miller's are requesting to subdivide. This is the existing home on the lot and creating 3 additional lots. It is zoned RSF. All lots do meet the requirements of the zoning ordinance. The Planning Commission heard this item on July 15th and just made one additional request and that would be that the driveway on Lot 3 move, come off as close on this side so it's not in the sight distance area. The staff and the Planning Commission are recommending approval. The conditions are found starting on page 6 of the staff report. Again it's a pretty straight forward subdivision. No rezoning involved. Just a straight preliminary plat. You'll be seeing it again when it comes back for final plat but we are recommending approval as did the Planning Commission and I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Any questions for staff? Councilman Ayotte: No sir. Mayor Furlong: The only question I had, and maybe I'll direct it to you Teresa. There was quite a bit of discussion at the Planning Commission regarding the lift station that would be associated with these 3 lots. And I know the Planning Commission asked staff to go back and re-look at it and see if there's a way to build in flexibility for the future and other factors. Have you had a chance to do that at all or could you give us an update? Teresa Burgess: That was done. I checked with Matt Saam who reviewed this plat. The lot to the south was looked at. If you remember the map that was shown first, that is Highway 312. Future 212 that bounds this area, and the property directly to the south could potentially develop, however it's limited how much land would be available for development. We estimate that one lot would possibly be able to drain towards this direction in a gravity flow system and the force main that will come off of this lift station is adequate to do that. We will design the lift station so that it can handle that additional lot. Any other property or any other lots that would potentially come out of that area would be able to gravity flow into the adjoining neighborhood and connect there but we do not see a lot of development happening there. Mayor Furlong: Okay. So we're going to make the most use out of that given that lift stations are expensive to operate, or cost money to operate obviously annually in the city's budget. 12 City Council Meeting - August 11, 2003 Teresa Burgess: Correct. Unfortunately there's not a way to serve this neighborhood without a lift station. Mayor Furlong: Okay. Alright, thank you. Any other questions for staff? If there are none, is the applicant here this evening? If you'd like to say anything or address the council. Okay, or a representative? No? Okay. Marty Schutrop: Just happy to be here. Mayor Furlong: And he's welcome to be here. With that I'll bring it back to the council for discussion then. Is there any discussion on this matter? If there's none, is there a motion? Councilman Peterson: I'd move that City Council approve preliminary plat for Subdivision ~03- 11 for Rice Lake Manor Second Addition for four lots as shown on the plans November 19, 2002, with conditions 1 through 15. Councilman Labatt: Second. Mayor Furlong: Any discussion? Hearing none we'll proceed with the vote without objection. 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. 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 I prior to any construction. 2. 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. 3. 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. 13 City Council Meeting - August 11, 2003 Proposed runoff rates for the site must be submitted to ensure that the existing storm sewer is sized sufficiently. 6. 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. 10. Drain tile is required to be installed in back of the curb on Tigua Lane. 11. 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. 12. 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. 13. Building Official conditions: Soil repons 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. 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: Are there any council presentations? All of you are out of order. Todd Gerhardt: The Mayor's always right. Mayor Furlong: Thank you. You can come back next week. Are there any council presentations? The only thing that I will say, and we will probably get a more detailed update report in our next meeting I would guess with the, when Sergeant Olson comes back, but 14 City Council Meeting - August 11, 2003 Neighborhood Night Out occurred last Tuesday and there were 31 neighborhood events across the city, which I think was double what we had just the prior year. This is the third year that the city's been doing that. Did you get, you got to some Councilman Ayotte? And I know Councilman Lundquist who's not here this evening went to some, as did I so. Councilman Ayotte: The posse upstaged me though. I was talking, the horse came up, I was done. Did you know there was such a thing as a Polish Arabian? Councilman Peterson: Yeah. Councilman Ayotte: I didn't know that. Anyways, it was a very positive experience. The neighborhood watch people appreciated council being out there. They really appreciated the posse visits and so forth. It was a very good thing all the way around. Mayor Furlong: Yeah, I concur. The parties that I went to, we got a good reception and the children especially. You were upstaged by a horse. The ones I went to, the deputies were the key because all the children ran to them and who are you so, which is just fine. But it was a good even and again I know we're going to hear some more for that but it, with our participation we probably, we probably had council members to close to half of the events, which is great. So anything else under council presentations? If there are none let's move on to administrative presentations. ADMINISTRATIVE PRESENTATIONS: UPDATE ON 2004 STREET IMPROVEMENT PROJECTS, TERESA BURGESS, CITY ENGINEER. Teresa Burgess: Thank you Mr. Mayor. If we could zoom in. In your packet Mayor and council you received these two maps that are shown. Here's the first one showing the MSA projects. What that stands for is Municipal State Aid. We are currently doing a feasibility study of this neighborhood. The shaded parcels are the ones that were notified of the potential study. And the other neighborhood, our residential street improvement project, is this one and the shaded parcels again are the ones that were notified of the potential project. If you'll notice the first set of streets that you were shown on the first page of your staff report, those match up with what we had planned for 2004. These streets are slightly different. These were originally proposed for 2003. However that project was delayed until 2004. Kiowa, Iroquois, Heron and Chan View have been added. They were not proposed until much later, and also West 76~ Street. Those streets were added due to a sanitary sewer back-up that we had on Kiowa. Following the sanitary sewer back- up we televised those sanitary sewer lines on those streets and found significant displacement and so we did ask the consultant doing the street project for Santa Fe Trail and Santa Fe Circle to please look at these as well and make a recommendation. At this time we have received back a preliminary feasibility study on each of the projects. We are currently reviewing that. Once we've completed our review we will send it back to the consultant for final cost preparation and then we will prepare proposed assessment rolls and take that out to the community for them to have a chance to comment. I'd just real quickly like to go through with the council, and also for the members at home that are watching, the public members that are potentially impacted, if not on this project, in the future, how we pick projects. We have a process called Pavement Management and what that is is a computerized catalog of all of our streets. We have someone go out and actually visually inspect every street in town. We try to do that every 3 years so the entire city is up to date and if possible we do it every 2. When we do that we give each piece of street a number and that is it's ranking 0 to 100. 100 being the best it can be, a brand new street. 0 being basically failed to the point you can no longer drive on it. The system then takes that information and gives it a recommendation of what improvements we should do and prioritizes 15 City Council Meeting - August 11, 2003 the projects based on cost benefit analysis. The worse the street is, eventually we can't do what's called a rehabilitation project which if you remember from 2002 we did a mill and overlay project in two neighborhoods. One was a MSA project and one was a residential street project. If you let a street go too far you can't do that. You're now into a reconstruction project, or if the utilities go bad, which is the case for the Santa Fe neighborhood. Those utilities are bad and they need to be replaced. Unfortunately our Pavement Management Program does not take into account the condition of the existing utilities or the lack of existing utilities. Those members that were on the council back in 2002 will remember that we delayed the Lake Lucy project because it does not have the utilities that the neighborhood was hoping to have and so we've delayed that project until the street does get worse, justifying a full depth reconstruction instead of a rehabilitation project. Those projects that have bad utilities can move them in the priority listing, which is what you're seeing now with the streets not being quite really as estimated about 2 years ago with our 3 year projection. We are working with the neighborhoods. I sent out a note card to them letting them know that we are in their neighborhood and we'll be having an open house for them right before the meeting where the council is going to have the public hearing. If there's any questions I'd be happy to answer those. Also I'd like to point out for the people at home, as well as the council we do have a spot on our web site that is dedicated to these few projects and we'll keep it updated with maps. Right now there's not any because we don't have any but copies of all notices that have gone out, a copy of this staff report. Anything that we've created that's related to those projects. Mayor Furlong: Thank you. Questions for staff. I guess with regard to, you mentioned the 3 year projections or trying to project out a little bit longer term as to what streets or roads may come into the program for replacement or rehabilitation. Is that also available on the web site? For residents to see. We received some maps, or could it be available? Teresa Burgess: I believe it is out there. If not, we can certainly add it. Mayor Furlong: Okay. And realizing they change from year to year as you explained for reasons beyond just the information contained in the street maintenance program but the more information I think we can provide residents so they can look and see if, when and if their streets are coming up or currently slated, I think would be helpful. And I know putting that projection together is part of that process so. Teresa Burgess: Right. And we do encourage anyone that's considering doing any driveway or any other major improvements in the front of their home to contact us. We do hear from most of the people that are getting new driveways. Also it's very common for us to hear from someone concerned buying a home. We would encourage people that are selling their homes to contact us so they can supply that information to a potential buyer. Mayor Furlong: Okay, thank you. Steve. Councilman Labatt: As I look at the map, and you're looking at Great Plains Boulevard. How come the homes on the east side of Great Plains aren't being assessed while they may share in some of the benefit, or there's nothing to add to Great Plains. Teresa Burgess: I assume you're looking at Market Boulevard? Because Great Plains is marked on both sides. Councilman Labatt: Here. 16 City Council Meeting - August 11, 2003 Teresa Burgess: I'm sorry, wrong map. It's because the homes that are potentially going to be assessed are on Heron. On the other side of Great Plains. Councilman Labatt: On the back page. Teresa Burgess: The potential impact to homes are on Heron. Councilman Labatt: Okay, so the dark line on Great Plains isn't a road that will be done? Teresa Burgess: We notified these property owners just in case, that the consultant lives on that road. We just wanted. Councilman Labatt: Oh okay. So there'd be no work on Great Plains? Teresa Burgess: Right now no work is proposed on Great Plains, and the work that's proposed on Heron, Iroquois and Kiowa is directly sanitary sewer. We are not proposing to do the street at this time. Mayor Furlong: So it's going to be sewer repairs only? Or sanitary sewer. Teresa Burgess: Sanitary sewer only. Councilman Labatt: Okay. Councilman Peterson: Do you have to rip up a pretty good portion of the road to get to the sanitary sewer then? Teresa Burgess: Unfortunately we will. But the consultant's opinion was that it was not significant enough to justify a full depth reconstruction of the entire road and that what we could do was, the worse case scenario would be to do several potholes on each street. The street comes up in about 5 to 7 years for recon. Right now the surface is in very good condition but it does not have curb and gutter so we would prefer to wait until the street is, the pavement, we've gotten every ounce of life out of that pavement. And then come back and do the reconstruction project and we will probably have to do more sewer work at that time as well. We'll do the minimum to keep it functioning. Mayor Furlong: And did you say when you're going to be bringing this back to council with the feasibility and having the open house for the residents? Teresa Burgess: We'll be consulting the school calendar as we're getting into the beginning month of school. We'd like to make sure that we don't schedule it for the same night as a major activity. And so as we look at that we'll schedule the open house around that and as well the public hearing. Probably September for the public hearing. Mayor Furlong: Okay. Any other questions? Councilman Peterson: Different topic. Same person though. Mayor Furlong: Okay. Councilman Peterson: Teresa could you give a 2 minute update on the, kind of the post mortem 17 City Council Meeting - August 11, 2003 of the sanitary sewer break on Lotus Lake. Was that something that we should, as a council be more concerned about or was it an anomaly, etc, etc? Teresa Burgess: I think the one thing we have to keep in mind with things like sanitary sewers, they are man made and because of that they are prone to failure. The city does a great job, I have to give our utility crew credit. They do a great job of maintaining that system and keeping it functioning. In this case we caught it very early. Everything worked the way it was supposed to. It was caught early. We closed the lake for precautionary purposes, and the test results indicate that there was a minimal amount that went into the lake because the test results showed by Sunday the lake could have been opened back up. Unfortunately we didn't get the test results until Tuesday and had to leave it closed a little longer. As for avoiding such a thing, the only alternative would be for each of those homes to have individual lift stations and move the sanitary sewer away from the lake. As long as we allow people to build up against lakes, this is a necessary evil and I've gotten a lot of calls from people asking me why do we put sewer lines so close to the lake. Unfortunately lakes tend to be low and sanitary has to flow downhill and this is just the nature of the beast. We are looking into ways that we could better our response but I think Saturday went very well. The response was quick. It was well thought out. It went very well choreographed. We got support from all over the County. We had deputies. We had posse members. We had the Department of Health. Met Council. County Department of Health. We even had Scott Gerber came in from the Carver County Emergency Center and helped us out with coordinating and making sure that we were looking at all the possible scenarios and issues that we needed to deal with, so I think that we did well. And unfortunately we were on the front page of the newspaper, but we still, we did a good job and everybody did what they were supposed to. And we are working with that property owner to restore his lot. At this point we're down to dealing with individual property owners and getting the sod back in place. Councilman Peterson: Okay, thanks. Councilman Labatt: So what was your overall response time to get the crews in? Given this was on a Saturday versus if this would have been a Wednesday when you had the full city complement here. Teresa Burgess: I don't believe that we would have been much quicker because we did have to bring in a contractor to do the actual dig. Our crew was on site, the call came in at 9:30 and it was before 10:00 when the crew was on site and started to by-pass, we had by-pass pumping starting right away. I was on site at about 10 minutes to 10:00 and at that point they had already started trucking waste material from a lift station that was upstream had shut off the flow through the pipe. There was residual because it was a pressurized pipe and we had to wait until all the pressure was out of it, but we were no longer pumping into the pipe at that point. And the full completed repair was by 3:00 p.m. Councilman Labatt: So is this an 8 inch pipe or 10, 127 Teresa Burgess: Offthe top of my head I couldn't give you inches but it was under 10. Mayor Furlong: Okay. Any other questions? Thank you for the updates on both. Teresa Burgess: Mr. Mayor if I could just real quickly. As we move upstairs for 212, I would like to mention to the public that that map will remain up for about a week. If members of the public would like to stop and see it, it is posted in the upstairs courtyard of City Hall and I would 18 City Council Meeting - August 11, 2003 certainly welcome any comments from the public as well. It is also available on the MnDot web site. Mayor Furlong: Okay, thank you. Mr. Gerhardt, any other administrative report comments? Todd Gerhardt: Nothing to add. Mayor Furlong: Okay. Any other questions to Mr. Gerhardt, to the rest of the staff? Very good. Any discussion on the correspondence package? CORRESPONDENCE DISCUSSION. Councilman Ayotte: Yeah, if I may Mayor. The letter from, oh I'm sorry. Beg your pardon. From Scott Neal on the WAFTA. That states that both the Senate and Congress have met on this thing and now it's in conference committee. Can you talk towards what that means and how we can influence it? Todd Gerhardt: Continue to contact Senator Coleman, Representative Klein and continue to send the message to them how important this is to our area. Councilman Ayotte: But what's the conference committee part because I don't understand it. What is that entity and what do we do? Todd Gerhardt: Roger's probably the best one to explain that. Roger Knutson: I can explain what a conference committee is. I don't know how this sits in a conference committee. Something goes to conference committee when a bill is passed the House and a bill has passed the Senate and they're not identical. They reconcile the differences in conference committee. Councilman Ayotte: Who makes up the conference committee in this instance, do we know? Roger Knutson: I do not know the answer to that but the assignments are made by the Majority and Minority leaders based upon their... Councilman Ayotte: Would it profit for us to find out who are members of that committee so we could try to influence it? Roger Knutson: Probably would. Councilman Ayotte: Could we do that? Todd Gerhardt: Sure. Councilman Ayotte: Thanks. Mayor Furlong: Thank you. Any other discussion regarding the correspondence package? If there is none and there is no other business to come before the council, is there a motion to adjourn? 19 City Council Meeting - August 11, 2003 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 20