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CC 2016 11 14 CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 14, 2016 Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, Greg Sticha, and Roger Knutson PUBLIC PRESENT: Nicole Kwon 16383 Grenoble Avenue, Lakeville Myungsim Park 7196 Sunshine Drive, Eden Prairie Sang Hun Kwon 5280 Annapolis Lane No, Plymouth Mayor Laufenburger: Thank you and welcome to this evening’s council meeting. Those of you that are present in the chambers as well as those that are watching on either Mediacom cable channel or via live stream through our Chanhassen website. First of all council members our first action is just to review the agenda. Is there any modification to the agenda this evening? There being none we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA:Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 24, 2016 Resolution #2016-73: 2. 2016 Sanitary Sewer (I/I) Project: Reject Bids; Authorize Re- Advertisement for Bids. Resolution #2016-74: 3. Vistas at Bentz Farms: Accept Public Streets and Utilities. Resolution #2016-75: 4. Approve Resolution Providing for the Sale of $3,630,000 General Obligation Water Revenue Bonds Series 2016B; and $10,000,000 General Obligation Water Revenues Bonds, Series 2017A. Chanhassen City Council – November 14, 2016 5. Approve Purchase of Dell/Compellent Storage Array from Computer Integrated Technologies. 6. Approve Purchase of Professional Mapping Services from Surdex Company. 7. Approve Special Assessment Agreement between Bloomberg Companies Incorporated and New Chanhassen Holding Company, LLC. Resolution #2016-76: 8. Approve Resolution Authorizing Application and Execution of 2014 Municipal Infiltration and Inflow Grant Agreement. 9. Approval of Upholding Monetary Limits on Tort Liability as Established by Minnesota Statute 466.04. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. Mayor Laufenburger: I would also use this time to encourage any citizen that, or anybody that would like to address the City Council, this is a great time to come forward and express your views about any particular item you’d like. We do this at every council meeting offering visitor presentations an opportunity. There being none let’s move to our next item which is public hearings. PUBLIC HEARING: APPROVAL OF REQUEST FOR ON-SALE BEER AND WINE LICENSE, BONSAI, INC., DBA BONSAI SUSHI AND KOREAN CUISINE, 420 POND PROMENADE. Mayor Laufenburger: Is there a staff report? Todd Gerhardt: Yes Mayor, council members. This is a request for an on-sale beer and wine license at 420 Pond Promenade and background check on the applicants came back with no findings so that means they had a clear background check. The applicants are here and present this evening. Welcome and this is a public hearing so staff would recommend that you open the public hearing and staff is recommending approval. Mayor Laufenburger: Alright. At this time I would like to open the public hearing on the approval for request for an on-sale beer and wine license in accordance with statute. Is there anybody who would like to speak on behalf, either in favor of or in opposition to this request? There being none I will close the public hearing. I’m wondering if the applicant would like to just step forward and introduce yourself to us. Would you like to do that? Simply step up to the microphone there and tell us your name and your address and we’ll be happy to hear from you. 2 Chanhassen City Council – November 14, 2016 Nicole Kwon: Okay, nice to meet you everybody. I’m Nicole Kwon from Bonsai Inc. We are doing business as Bonsai Sushi and Korean Cuisine. We hope to serve as a unique restaurant in the area serving both sushi and Korean dishes. Here we have our head chef Johnnie Kwon who is my brother. He has extensive experience in sushi restaurant business almost 15 years in the Twin Cities area. Mayor Laufenburger: Wonderful. Nicole Kwon: And he has I think great passion for providing excellent food and service to customers. We have our Korean chef Bella Park. We call her Bella and she has studied Gungjung Joseon which is Korean Royal Court Cuisine in Korea for many years and she will present I believe an authentic Korean dishes to customers who visit our restaurant. We try in providing excellent food and service in a clean and cozy environment so we hope to meet you guys in the future at the restaurant. Mayor Laufenburger: Now Nicole you said, is it Nicole is that correct? Nicole Kwon: (Yes). Mayor Laufenburger: Nicole when you expect to, assuming this is approved when do you expect to open for business? Nicole Kwon: We hope, we wanted to open sometime in mid-December but we have some problem with SAC right now. The SAC determination came really higher than we expected and so things are getting a little bit late but hopefully I’m pushing for the end of December. Mayor Laufenburger: Okay. And do you, just for those that may be watching at home you’re going to be occupying the space previously occupied by Starbucks, is that correct? Nicole Kwon: Yeah that is correct. Mayor Laufenburger: Very good location there right on the corner of Great Plains and whatever that is. Todd Gerhardt: Lake Drive. Mayor Laufenburger: Lake Drive yeah. And you’ll have seating for around 50 is that correct? Nicole Kwon: Yeah I think so but I don’t know. It depends on the, we had to modify the pro plan right now so yeah. So we applied for medium sized restaurant serving beer and wine through Minnesota Department of Health so. Mayor Laufenburger: Would that be Korean beer? 3 Chanhassen City Council – November 14, 2016 Nicole Kwon: I don’t know about that. Mayor Laufenburger: We have to ask Bella. Alright. Just a moment, any questions from council for the applicant? Okay. Well thank you very much. We certainly wish you the very best of luck. We like when Chanhassen residents have an opportunity to see a variety for cuisine so thank you Nicole very much. Nicole Kwon: Okay, thank you for the opportunity to speak on behalf. Thank you. Mayor Laufenburger: Any questions of staff? I’m prepared to accept either a comment or a motion. Councilman McDonald: Mr. Mayor yeah I’ll, I’d like to make a motion that the City Council approves a request for an on-sale beer. Just a second. It went away. For an on-sale beer and wine license from Bonsai Inc. doing business as Bonsai Sushi and Korean Cuisine contingent upon receipt of a Certificate of Liquor Liability Insurance. Mayor Laufenburger: Alright, we have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Mr. Campion. Any further discussion? Councilman McDonald moved, Councilman Campion seconded that the City Council approves a request for an on-sale beer and wine license from Bonsai Inc. doing business as Bonsai Sushi and Korean Cuisine contingent upon receipt of a Certificate of Liquor Liability Insurance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you. Congratulations. Nicole Kwon: Thank you. REVOCATION OF CONDITIONAL USE PERMITS:  CUP #1985-01 TO ALLOW A WHOLESALE NUSERY AT 9150 GRAT PLAINS BOULEVARD  CUP #2001-04 TO ALLOW A HORSE STABLE LOCATED AT 1560 BLUFF CREEK DRIVE Mayor Laufenburger: Do we have a staff report? Kate Aanenson: Yes, thank you members of the City Council. 4 Chanhassen City Council – November 14, 2016 Mayor Laufenburger: Ms. Aanenson. Kate Aanenson: The planning staff, part of their charge is to review all conditional uses. They’re put on a schedule so they’re broken down into quarters just to make sure they’re in compliance and then if there’s any that are no longer in use that we may talk to the owner of the property and see if that’s something that they’re interested in doing revocation of. So and tonight we actually 2 that we’re recommending for revocation. The first one is on Great Plains Boulevard. 9150. This is, was the Wilson Nursery site. They had a conditional use for the operation of the nursery. As you know this property was approved for a subdivision and unfortunately it wasn’t processed with the subdivision itself. It should have been the revocation so this will be revocated and the property owner is well aware of that. We did notify all property owners. Talked to them first before we put it on an agenda. There was notification sent to property owners in case they had any concerns so all the ones that we’re doing tonight we have not received comments from so this is the first one. The Wilson Nursery site. Again it’s for the garden center. The wholesale nursery that was on the site so that will go away so again it cleans up the title. That’s part of the goal here too. So again agricultural district. How big it was. A wholesale nursery with conditions so it was subdivided so the reason for the revocation. The second one is for a horse stable and this is on Bluff Creek Drive as part of the, just north of the Hesse Farm so and they did apply for a permit for horses and horse stable. The applicants have indicated they have no intention to continue using the horse stables. It has only been vacated for 6 months but they do not intend to use it in the future and again revocation is fine. Again we notified the property owners on that and they want it revoked so we are recommending approval of both of those so the way the policy, the ordinance reads is that the City Council, the public hearing is held here at the City Council for revocation so the public hearing is also held here so we would recommend that you open the public hearing and take comments and then close the public hearing and we have the following motion suggested for you. Mayor Laufenburger: Okay at this time I would like to open the public hearing on this item which includes the revocation of Conditional Use Permit for 2 properties, one at 9150 Great Plains Boulevard. The second at 1560 Bluff Creek Drive both in Chanhassen. If there’s anybody would like to speak to the revocation of these conditional use permits you may step to the microphone and speak at this time. There being no one I will close the public hearing and bring it back to council. Council any questions for staff? Seems rather straight forward. Both property owners have agreed that these should be revoked is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Okay. Since we have followed our statutory responsibility for public hearing is there any further discussion, comment or anybody prepared to make a motion? Councilwoman Tjornhom: I’ll make a motion. 5 Chanhassen City Council – November 14, 2016 Mayor Laufenburger: Alright, thank you Councilwoman Tjornhom. Councilwoman Tjornhom: I’d like to make a motion that the City Council approves the resolution revoking Conditional Use Permits #1985-01 and #2001-04 and adopts the attached Findings of Fact and Decision. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilwoman Ryan. Any further discussion? Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council approves Resolution #2016-77 revoking Conditional Use Permit #1985-01 and Resolution #2016-78 revoking Conditional Use Permit#2001-04 and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: That is the last item on our formal agenda. Is there, let’s begin are there any administrative presentations Mr. Gerhardt? Todd Gerhardt: Mayor, council. Again I want to extend my appreciation to Kim Meuwissen for running an excellent election and also thank all our election judges for their time. I know they got compensated but it can be very tedious, sometimes down right boring sitting around and waiting but we cannot extend our appreciation for their efforts in running a great election this past Tuesday so I just want to extend my appreciation. Mayor Laufenburger: Great, anything else? Todd Gerhardt: That’s it. Mayor Laufenburger: Okay. COUNCIL PRESENTATIONS. Mayor Laufenburger: Any council presentations? Councilwoman Ryan. Councilwoman Ryan: No presentation Mayor but a couple comments. Obviously last week was a busy week so I want to congratulate Councilwoman Tjornhom and Councilman McDonald for your re-election to City Council. And last Friday was Veterans Day so I want to thank the Mayor and Councilman McDonald for your service to the country and thank all the men and 6 Chanhassen City Council – November 14, 2016 women in Chanhassen and around the country for their great service to our nation so I just want to acknowledge the veterans. Thank you. Mayor Laufenburger: Perfect. Councilman McDonald. Councilman McDonald: Yes Mr. Mayor. What I would like to do is last Tuesday was an election and I do want to thank all the residents of the city that you know turned out and voted. It was a very I think pretty seamless process. Everything seem to run quite smoothly and a lot of that credit would go to the staff but I do want to thank everyone that did turn out to vote and I appreciate those who voted for me and I will do my best over the next 4 years to live up to the expectations you have for me so thank you very much. Mayor Laufenburger: Very well, thank you Mr. McDonald. Anybody else? Councilwoman Tjornhom: Just echoing what Councilman McDonald said. I too want to thank staff. I was actually kind of monitoring the election results from a couple different counties and boy Chanhassen they were right there right away with the results and you know a couple other places it wasn’t quite so smooth and so of course Chanhassen does it the best. You know that’s just kind of what we do here so staff thank you so much for, and election judges and everyone that just participated in the election in general. I also want to thank everybody for the honor of letting me return for another 4 years as councilwoman so thank you to everybody who voted and I too will do my best to represent you in a way that hopefully you’ll be proud of so thank you. Mayor Laufenburger: Thank you Councilwoman Tjornhom. My congratulations to both of you and just for the record the other votes, the other offices that were up to election affecting Chanhassen last Tuesday, Representative Cindy Pugh won re-election in 33B. Senator Dave Osmek won re-election in Senate District 33. Senator, excuse me. Scott Jensen won his election for Senator in Senate District 47. Joe Hoppe won his re-election for Senate District 47B and also Gayle Degler won re-election as Carver County Commissioner in I think that’s Commissioner District 3 or is it 2? It covers the southern part of Chanhassen and the north part of Chaska so I think that’s all of them. It’s either 2 or 3. Anyway so we’re pleased to have both experienced as well as passionate representation in our state legislature and also at our county. I would also like to add on the comments that Councilwoman Tjornhom made. I am so pleased with the schools in Chanhassen and also schools that serve the Chanhassen residents. St. Hubert’s, Chapel Hill Academy and Chaska Middle School West all had very impressive Veterans Day program and I think there was also one at Excelsior wasn’t there? Is that correct? And I’m always just excited and encouraged and inspired by the manner in which the teachers and the administration of the schools that impact our Chanhassen kids make it important to understand, honor and recognize the role that the veterans play and I’m just, I’m really encouraged by that and I would say to all Chanhassen residents if you have a chance in any way to participate in any of those Veterans Day ceremonies in the future you will be pleased and you’ll be puffed up with pride over the activities that go on in Chanhassen and I would be remiss if I did not say that the American Legion does a wonderful job. They offer color guard for all of those events that take place in 7 Chanhassen City Council – November 14, 2016 Chanhassen and the American Legion also provides a free lunch buffet for all veterans so I’m just, I’m very pleased for the people that are so actively involved in recognizing and honoring veterans so anything else for council? Alright is there a motion to adjourn? Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:20 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 8