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CC 2017 03 13 CHANHASSEN CITY COUNCIL REGULAR MEETING MARCH 13, 2017 Mayor Laufenburger called the City Council meeting to order at 7:15 p.m. The meeting was opened with the Pledge to the Flag which was led by Boy Scout Adam Seward. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Eric Liu 7710 Penn Avenue So. Irene Chen 7710 Penn Avenue So. Zhexin Zhang 1455 Bethesda Circle Adam Seward 8031 Cheyenne Avenue Ryan Majkrzak 9001 Lake Riley Boulevard Eric Benson 242 Lakeview Road J.J. Slygh 350 Chesterfield Lane John Butcher 6915 Lucy Ridge Lane Lauren Dale 2487 Bridle Creek Trail Mayor Laufenburger: Thank you Adam. Welcome to this council meeting, those of you that are present here in the chamber as well as those of you that are watching on either Mediacom cable channel at home or via the web through our livestream. For the record let it reflect that all members of the council are present this evening and our first item tonight is the agenda. Council members are there any modifications to the agenda? If not we will proceed with the agenda as printed. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 27, 2017 2. Receive Planning Commission Minutes dated February 21, 2017 3. Item Deleted. Chanhassen City Council – March 13, 2017 Resolution #2017-15: 4. Park Road/Park Place Street Rehabilitation Project 16-04: Accept Addendum to Feasibility Study, Call the Public Hearing. Resolution #2017-16: 5. Orchard Lane Area Street and Utility Reconstruction Project 18- 01: Award Consultant Contract. Resolution #2017-17: 6. 2017 Street Rehabilitation (Lake Susan Hills Neighborhood) Project 17-01: Call Assessment Hearing. Resolution #2017-18: 7. 2017 Sealcoat Project 17-02: Accept Bids and Award Contract. Resolution #2017-19: 8. 2017 Well Rehabilitation Project 17-03: Accept Quotes and Award Contract. 9. Approve City Code Amendment Section 4-15(a)(3) Removing Renewal Fee for Liquor License Background Investigations. 10. Lake Lucy Ridge – Approve Conditional Use Permit for the Creation of a Five-Acre Recreational Beachlot (dock) for the Lake Lucy Ridge Subdivision on property zoned Single Family Residential and Located South of Lake Lucy Road, on the Northwest Corner of Lake Lucy. Owner: Lake Lucy Ridge Homeowners Association. Applicant: Greg McGuirk. 11. Approve Award of Quote for Purchase of Park Shelters for Minnewashta Heights Park, Herman Field Park, and South Lotus Lake Park. 12. Accept Donation of Adjustable Basketball Hoop for Riley Ridge Park from Reflections at Lake Riley Neighborhood. Resolution #2017-20: 13. Adopt Resolution Reaffirming City Authority to Manage Public Rights-of-Way. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Before I move to visitor presentation I just want to acknowledge that we have some people with us tonight from Riley. Reflections of Lake Riley, excuse me and they have made a donation for a basketball hoop, an adjustable basketball hoop at Riley Ridge Park. We want to thank you very much for your donation and I know that Mr. Hoffman will make good use of that in putting in what hope to be an all weather basketball hoop. And of course we’re going to expect some McDonald’s All Americans coming out of that neighborhood. Okay, can we count on that? Alright so thank you very much for your support and for your participation in the community. 2 Chanhassen City Council – March 13, 2017 VISITOR PRESENTATIONS. SENATOR DAVID OSMEK, DISTRICT 33. Mayor Laufenburger: Next item on the agenda is visitor presentations. We have a few scheduled with us tonight. We have a visit from our Senator David Osmek from District 33. Senator, nice to have you with us this evening. Senator David Osmek: Well thank you for having me. Members of the council, Mayor. Good to be with you today. Just want to do a little talk about where we’re up to right now in the session. Answer any questions you might have or concerns. Mayor Laufenburger: Very well. Senator David Osmek: Funny thing happened in November, other than there was no election in Chanhassen. I could not believe that there was no election whatsoever. No challengers. Wow, very rare but I found myself with a gavel the day after the election. I have the gavel for the Energy and Utilities Committee so we learn again a lot of, as I told you before I learn a lot more on how electricity comes out of your plugs or gas comes through lines than I care to admit but it’s great to have a gavel and it’s great to be in the majority, even though it’s a one vote majority so with that there’s a few things happening at the Capitol I think you’re probably interested in hearing about. One just happened today. There’s, I have a Bill on Small Cell Technology which the Small Cell Technology, right now we’re in 4G LTE or 4G. The industry is moving towards what’s 5G LTE. The next generation. 5G. That requires densification of the network. It’s not just like adding additional tower receivers and transmitters. These in order to function are going to have to be much more dense which means they want these, the industry wants to put these inside of right-of-way, private property and that kind of thing. We’ve been working with the League of Minnesota Cities, one of the groups that represents cities themselves. Today we came to the conclusion that it wasn’t, we just didn’t have enough time to get this done. The industry, T-Mobile, AT&T are going to continue to work with League of Minnesota Cities but one thing I made very, very clear at the beginning coming from a city council standpoint is the League of Minnesota Cities, when you’re going at public right-of-way usage the League of Minnesota Cities needs to be there to represent the interest of the cities and I could not in good conscience go forward without the League supporting what we were doing so Representative Hoppe has the Bill on the House side. They may get a little more action over there but for now this issue is not going to make our deadlines. It’s unfortunate because I think this technology, the companies want to invest in Minnesota and this technology but we need to do it the right way and we can’t rush it through the system so they’re going to continue to work with League of Minnesota Cities on that. Mayor Laufenburger: Senator before you move to your next topic let me just confirm that on our consent agenda the council did adopt a resolution essentially in support of what you’ve just described and that is we think it, we don’t disagree that the need is necessary for that to happen 3 Chanhassen City Council – March 13, 2017 but to take the cities out of the responsibility or the accountability to our citizens, that’s important to us so that resolution was passed and it will be a matter of public record so you can use that as guidance for how we feel about the issue going forward okay. Senator David Osmek: Thank you and you weren’t the only city. There were a number of cities in my district as well as around the entire state that were expressing concerns to make sure that the cities right to manage the right-of-way, most specifically in being able to permit the activity to say where you would allow it and where you wouldn’t, that needs to be maintained and coming from your, from 11 years being on a council I’m very aware of that so it’s not going to move forward this session. It’s unfortunate but I was optimistic we could get it done today but tomorrow is the last hearing date and we still didn’t have agreement so I wasn’t able to move forward and we’re not going to. At least not in the Senate but nothing is ever dead until the last gavel sounds. You never know but I’m still in the position of if League of Minnesota Cities is not approving this it’s not going forward with my hand. Another couple of things that are happening. I have been a very strong proponent of updating the governance model for the Metropolitan Council. My Bill for changing the Metropolitan Council governance system did clear out of it’s first committee hearing. That was our local government committee. It is now in Transportation strangely enough because we are adding a couple of people from the Department of Transportation as voting members for only transportation issues. That triggered it to go to Transportation. In reality the Transportation Chair is actually going to send it to the floor directly. He doesn’t necessarily think it’s something we actually have to see so my hope is within the next day, or probably tomorrow we’re going to see a re-referral to the House. Or to the Senate floor. This governance model is a little different than the one I described before. Before it was more of the cities were involved in an approval process. This one would shake it up significantly. This one would take elected officials and make them a requirement of being on the Metropolitan Council as well as add some members from the counties and as I said before from transportation issues. It also changes their terms to I think it was a 2 year terms and so it’s a very significant change. I’m not sure what the Governor thinks about this proposal. There’s also a couple other Bills that I wrapped into it specifically saying the Metropolitan Council has 7 counties. That’s all they get. If you remember seeing in the paper on the way out the Obama Administration decided to try and expand what the Metropolitan Governance Organizations could use. Sherburne and Wright County were the first two that started worrying about being drawn in but we have made it clear in this legislation, we don’t care what the federal government says in the State of Minnesota. This is your Metropolitan Governance area. We’re hopeful that the Governor is going to actually agree to something and the Met Council it’s been very difficult to get any governor to make any kind of changes so I’m looking forward to trying to move forward with that. And then the last item, I’ve not been a very strong supporter at all of Southwest Light Rail but I am a strong supporter of Southwest Transit. I do have a Bill that’s contained and move Senate File 150 which is prohibition on light rail without legislative authority and there’s a reason for that. People don’t understand we have built two light rail lines without legislative approval. What happens is once you approve these or once they go through the approval, quote the approval process and all the grant making process then at the end the State is left with a 20 to 30 million dollar tab every year for the operating costs. If the State 4 Chanhassen City Council – March 13, 2017 taxpayers, not just metropolitan but the State taxpayers are on the hook for this type of cost we should be at the front of the project in saying whether we think this is something we’re going to spend money on or not. Also in there are two different carve out’s. Also one for the Suburban Opt Out carriers. One being Southwest Transit. That they would get 5 million dollars for increased bus service. Also to the Met Council for 5 million dollars worth of additional bus rapid transit service so not against transit. We’re for transit in my opinion that works so with that I’ll answer any questions you might have. Things are moving very fast. The deadlines are very, our first deadline was Friday. Second deadline is this coming Friday so we’re moving very quickly and we are starting to talk budget numbers and my goal is get out of legislative session early this time around with a budget that everybody can agree with, even the Governor. Mayor Laufenburger: That’d be a treat. Any questions for the Senator? Is there a companion bill to your governance bill in the House? Senator David Osmek: Yes. That is Representative Albright’s Bill. It has some basic, the basic gist is the same with the changeover from appointed Met Council reps from the Governor over to elected officials. That’s the same. There’s a few other variances that he has thrown in so there will be a conference committee and unfortunately sometimes we do a lot of things by conference committee. The House and Senate will get their Bills. Go to conference and then we will find out what the Governor really wants to do. We’re hoping he will do something as opposed to just continue to let the situation continue to fester. I’ve heard too many times from one Met Council rep saying she represents the Governor. No she represents a district and they need to be responsive to you first. Mayor Laufenburger: Well Senator let me close by saying this, that you make it a priority to come to visit our city. I know you do it with all of the cities in your, in the Senate District and that’s delightful and we, you’re always welcomed here and the thing that’s good is that you always accept our invitation so thank you. Come back again alright? Senator David Osmek: Appreciate it. Any other questions? I don’t want to miss any. Todd Gerhardt: Senator I just wanted to add, there has been some legislation added to eliminate the turn back account and if you could watch over that we would greatly appreciate it. I think it’s been introduced in both the House and the Senate and it’s key for our funding and reconstruction of 101 south of Pioneer going up the bluff from County Road 61. Senator David Osmek: Understood and I forgot to go over my committee assignments this time. Some of them are the same. I’m the Chair of Energy and Utilities. I’m on the Transportation Committee again so I will have direct sight over that. Mayor Laufenburger: Is that Senator Newman’s committee? Senator David Osmek: Yes. 5 Chanhassen City Council – March 13, 2017 Mayor Laufenburger: Okay, alright. Senator David Osmek: Also on Local Government so I get the first stab at anything that’s local and I’m also on Cap Investment which there’s a lot of implications on that for any bonding Bill so yes, I think the turn back account is a real smart thing actually. Don’t say anything to anybody. Mayor Laufenburger: Okay nobody’s listening. Senator David Osmek: Nobody’s listening. We are making it a priority of having additional one time spending for transportation that isn’t just a hundred million dollars. It’s significantly more than that and I can’t say more than that but we are making an investment out of this budget that would hopefully help. Especially MSA cities. I think you’re going to see some more money there but that’s going to be a priority for us. Todd Gerhardt: Again 101 was closed down for 3 hours yesterday after the snow event that occurred in the afternoon and they find alternative routes. Residential streets and going all the way over to State Highway 41 to get access to the north so. Senator David Osmek: Yep understood. I’ll make sure that if I see anything I’ll try and tip you off. Todd Gerhardt: Thank you. Mayor Laufenburger: Just Senator we met with Senator Newman and he indicated he was going to travel 101 on his way back to the Hutchinson area so you might ask him how his route was so thank you again Senator. Appreciate you coming here and spending time with us. Senator David Osmek: You bet. And as always let me know if there’s something I can do for you. Thank you. Mayor Laufenburger: Alright. Thank you very much. TRAIL WAYFINDING SIGNAGE PROJECT: LAUREN DALE GIRL SCOUT GOLD AWARD PROJECT. Mayor Laufenburger: We have another visitor presentation. A local Girl Scout. Why don’t you come up here. Tell us your name and your address and tell us what you want to do here. Okay? Lauren Dale: Okay. Lauren Dale, 2487 Bridle Creek Trail and I hope to get the approval of City Council today for installing my wayfinding trail signs for my Girl Scout Gold Award. 6 Chanhassen City Council – March 13, 2017 Mayor Laufenburger: Okay. So this is, the objective is to achieve a Gold Award for Girl Scouts, is that correct? Lauren Dale: Yep. Mayor Laufenburger: And this is your, you’re going to describe the project. Lauren Dale: Yep. Mayor Laufenburger: Okay. Lauren Dale: Okay. So about me. I’m a Junior at Chanhassen High School. I’ve been a member of Girl Scout Troop 10407 for 11 years. Yes I’m selling Girl Scout cookies. Mayor Laufenburger: You have them with you this evening? Lauren Dale: I don’t. Mayor Laufenburger: Samoas are my favorite by the way. Lauren Dale: I’ve been a resident of Chanhassen for 16 years and I’m proudly serving my third year as a youth representative on the Chanhassen Park and Recreation Commission. About my project. When we, meaning the Park and Rec Commission, were going over the long range park and recreation plan almost a year ago. When I saw that people had wanted to add trail wayfinding kiosks in the park. All the members liked the idea. It wasn’t a high priority but I thought that this would be an excellent idea for a Girl Scout Gold Award and Senior Capstone. So what’s a Gold Award? A Girl Scout Gold Award is a project that is equivalent to a Boy Scout Eagle project. There’s 3 key components every project must have. It takes at least 80 hours to complete so feel free to talk slow. It must be done individually and it must be sustainable. What’s a Capstone? A Capstone is a project that every student at Chanhassen High School must complete prior to graduation. It is designed to allow us to focus on a subject of interest that may even become our career. The Capstone course that I’m taking is called Select Capstone. So why I chose this subject? I decided that this would be a good way to give back to my years serving on the park commission as well as to my community. What my project is? I’m creating wayfinding signs for 3 of the Chanhassen parks. Lake Ann, Lake Susan and the Chanhassen Nature Preserve. Why these parks? Lake Ann is the city’s signature park. Anybody that lives in Chanhassen has utilized this park. Using the baseball or softball fields, playing at the playgrounds, and swimming in the lake. Lake Susan has multiple neighborhoods surrounding it as well as an apartment complex. Although it only has one baseball field it has a great playground and a boat launch. The Chanhassen Nature Preserve is connected to my neighborhood and my neighbors have complained that they don’t know the trail that is surrounding us and want to use it more. 7 Chanhassen City Council – March 13, 2017 Mayor Laufenburger: Lauren just a second. Is the Chanhassen Nature Preserve where the luminary walk occurs? Lauren Dale: Yes. Mayor Laufenburger: So it’s in that Holiday Inn Express area? Lauren Dale: Kind of. There’s the Holiday Inn Express but then there’s another trail that connects up to it from my neighborhood. Mayor Laufenburger: Okay. And you’re on Bridle Creek Trail which is a little farther south. Lauren Dale: Yep. Yep. Mayor Laufenburger: Okay, alright. Lauren Dale: Alright. What have I done so far? I’ve been working on this project and went to Todd as he agreed to be my mentor and also agreed that this would be a great idea. Since then I’ve worked with Randy Herman at Sign Source to see if this was reasonable and I also worked with Amy Lloyd to put together examples of what we’d like these signs to look like so they look professional. Councilman McDonald: Excuse me Lauren, which Todd did you go to? Lauren Dale: Hoffman. Mayor Laufenburger: That’s an important distinction Lauren, yeah. Councilman McDonald: Thank you. Mayor Laufenburger: Thank you Mr. McDonald. Lauren Dale: Alright, we envision these signs to be 18 by 24 on quarter inch PVC panel material. I have the material with me. Mayor Laufenburger: We have wizards behind the curtain that are controlling these cameras Lauren. Lauren Dale: Okay. I also have free samples. Wait that’s okay. I have the samples right here. They’re a little bit bigger. Here is the Lake Susan one. It zooms in on Lake Susan right here. Connects it to there. And then we have an outline of what each path looks like. Purple one and then a blue one and there’s a key down here explaining what each of them looks like. They are all pretty much the same, just different locations. This is the nature preserve one here. First 8 Chanhassen City Council – March 13, 2017 path. Other path. And then the Lake Ann one. Okay these signs are designed to let a walker or biker find where they are going and show them where they are. It also shows how the trail connects to the rest of the trail systems in Chanhassen. More importantly it shows them how long each trail is. Funding. Randy Herman of Sign Source has graciously agreed to donate all of the signs. In exchange I’d like to recognize his support of this project by putting the Sign Source logo on the signs along with recognition of this as my Gold Award project. The only commitment I need from the City is to dig the holes and install the posts where we agree on. What’s the next step? So I am here at the City Council meeting. Then Amy and I will make the final revisions according to the park commission’s and City Council’s. The process of the signs actually being produced will happen following that, once all the snow melts and the weather st clears up the installation will begin. My goal is to have this complete by May 1 or somewhere really close to that. Motion. The Park and Recreation Commission recommended that the City Council approve the trail wayfinding signage project and funding for the project. That’s it. Mayor Laufenburger: So Lauren it sounds like you have, you’ve done a lot of research. You’ve done a lot of preparation. Mr. Knutson this is a question for you. From a legal standpoint, is it appropriate for the council to take action to approve this project? Roger Knutson: It is certainly appropriate. Mayor Laufenburger: That’s the answer I was looking for. So will you stand for questions if the council has any questions that they want to ask of you? Lauren Dale: Yeah. Mayor Laufenburger: Okay council members any questions? Mr. McDonald you always have the good questions. Councilman McDonald: Well I appreciate that. The question I have is you have down here funding for the project. I’m not sure what funding you’re requesting and is that funding from the council to do something or from someone else or when you just say funding, could you break that down a little bit? Lauren Dale: So Sign Source is donating the signs so I don’t need any. The only funding is just digging the holes and putting in the poles. Mayor Laufenburger: So it’s not really, you’re not asking for financial resources. You’re asking for City resources to be deployed to support the project, is that correct? Lauren Dale: Yes. Mayor Laufenburger: Okay. And is this correct Lauren. Does that answer your question Mr. McDonald? 9 Chanhassen City Council – March 13, 2017 Councilman McDonald: Yes it does. Mayor Laufenburger: So the Park and Recreation Commission has already recommended this for approval. Lauren Dale: Yes. Mayor Laufenburger: Is that correct? Lauren Dale: Yep. Mayor Laufenburger: Okay. Mr. Campion. Councilman Campion: How many signs are there included? Lauren Dale: Alright there’s going to be 3 per park plus an extra copy so 12 total. Councilman Campion: Okay. Mayor Laufenburger: Well I’m looking for a motion. Councilwoman Ryan: I’ll make a motion. Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: I’m proud to make this motion. Lauren this is very exciting. I would like to make the motion that the City Council approve the trail wayfinding signage project and funding for Lauren’s Girl Scout Gold Award project. Mayor Laufenburger: Okay. We have a valid motion. Is there a second? Councilman Campion: Second. Councilman McDonald: Second. Mayor Laufenburger: I’ll give that to Mr. Campion. Is there any discussion? I want to make a comment. Lauren you’ve dotted all the I’s and crossed all the T’s. You’ve come here with everything in order and besides that you’re coming with a recommendation from a very astute Park and Recreation Commission, of which you are a member. How could we possibly say no? You know quite frankly a lot of people could learn how to come to the City Council in the form of being prepared through watching and observing you. Congratulations. 10 Chanhassen City Council – March 13, 2017 Lauren Dale: Thank you. Councilwoman Ryan moved, Councilman Campion seconded that the City Council approve the trail wayfinding signage project and funding for Lauren Dale’s Girl Scout Gold Award project. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Lauren congratulations. You got your project. Lauren Dale: Thank you. Mayor Laufenburger: Good luck to you. You going to come and report the results when you’re done? Lauren Dale: Yeah. Mayor Laufenburger: Good, alrighty. Thank you Lauren. Councilwoman Ryan: Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: I’m not as familiar with Girl Scouts so I just want to say thank you for making me aware. I’m very familiar with Eagle Scout projects. We hear that often. I know they’ve come before council so it’s great to learn about the Gold Award Projects so congratulations and thanks for bringing it to our attention. Lauren Dale: Thank you. Councilwoman Ryan: Thanks. Mayor Laufenburger: We have one more visitor that would like to speak to us this evening and that is Adam Seward. Adam, you want to come here? I think you have a project that you want to talk to us about, is that correct? Adam Seward: Yes I do. Mayor Laufenburger: State your name and address please. Adam Seward: Adam Seward, 8031 Cheyenne Avenue. Mayor Laufenburger: Great, okay. 11 Chanhassen City Council – March 13, 2017 Adam Seward: So I have been a Chanhassen resident for 17 years and I am a life scout in Chanhassen Boy Scout Troop 330 and I have always wanted to help the community through the Eagle Scout project I’ve made and I wish to do this by building 2 benches on the south side of the Rice Marsh Lake hiking trail. It’s about that 3 mile hiking trail around Rice Marsh Lake and the main reason because as I’ve, I’ve been using those trails since I’m 4 years old and really the benches are pretty far and few inbetween. Like I’ll be walking down and I’ll be like oh there’s a bench and then I’ll be walking. Mayor Laufenburger: Did you want to click something or not yet? Adam Seward: No, I was just making sure I had the right. And so yeah I just want to add 2 more benches to not only will it add a place for pedestrians to rest on the way. It will also provide a place for people to truly appreciate the beauty of that area. So with the help of Todd Hoffman I believe I have chosen 2 very good locations that will help accentuate the beauty of that area. So this is on the map. The 2 pinpoints are where the 2 benches will be located and this is the first picture of Site 1. So that’s looking towards the lake. Mayor Laufenburger: In a northerly, kind of a northerly direction. Adam Seward: Yes towards the north. Mayor Laufenburger: Okay. Adam Seward: And then this is Site 2. However before we start construction I would like Todd Hoffman and Adam Beers to go over the design that me and my father have created. So here is the rough draft design. It will be made by 4 by 4 cedar lumber and then with 2 more posts going into the ground surrounded by concrete and Class V gravel so that A, it will be secure with any rough weather and also so it cannot be stolen or removed by anyone who wishes to do that. So the materials for this, oh and there’s the picture of an example that will look similar to the one I’m going to build. So the materials is about 4 by 4 cedar lumber. Concrete. The various hardware, some shovels and stuff like that and supplies. And the approximate cost is about $125 per bench so around $250 for the entire project. So for labor it will be about 20 to 30 hours per bench and for the cost of labor I was proposing that myself and Boy Scout Troop 330 do all the building. All the hole digging and stuff like that while the City provides financial funds for the benches. That price estimate was through Menards.com. Just looking at the price of lumber and the various screws and bolts that we’ll need. So the timeline for the project. I’d like to have it completed between the months of April and May and if this project is approved I look forward to working with Todd Hoffman and Adam Beers for a successful project completion. Are there any questions on the project? Mayor Laufenburger: Alright, any questions? Councilman McDonald: Mr. Mayor. 12 Chanhassen City Council – March 13, 2017 Mayor Laufenburger: Mr. McDonald. Councilman McDonald: I have the same question only this time I’ll turn to the City. He’s now asking for funding of about $250. Do we have discretionary funds to cover that within our parks department? Todd Gerhardt: Yes. Councilman McDonald: Okay. Thank you Mr. Mayor. Mayor Laufenburger: And Mr. Hoffman this question is directed to you. This is customary for us to make opportunity for, whether it be Eagle Scout candidates or other people who want to do, they actually help us by help increasing the utilitarian value of our parks and recreation spaces, is that correct? Todd Hoffman: That’s correct. Mayor Laufenburger: Okay. Todd Hoffman: And this $250 will come out of annually we have a $10,000 allocation for benches, picnic tables, and that’s where these funds would come out of. It’s the park dedication fund, Fund 410. Mayor Laufenburger: Great, great. Okay. Todd Gerhardt: Mr. Mayor, council members. Todd does an unbelievable job of working with the Eagle Scouts and also the Girl Scout projects now being the first one so he gives them ideas. He doesn’t tell them what to do. He gives them a broad set of ideas and they come up with it on their own and Todd really challenges you to think on your own. To come up with your own ideas and just doesn’t do the work for you so I want to thank Todd for his efforts in working with both of these students. Mayor Laufenburger: And regarding this project Adam, this is the newest trail that goes around the southern end of Rice Marsh Lake. Connects with the Eden Prairie side of the lake too, is that correct? Adam Seward: Yes that’s correct. Mayor Laufenburger: And are there any other benches on the south side or would these be the first two? 13 Chanhassen City Council – March 13, 2017 Adam Seward: I believe there’s one other on the older path. That’s the one underneath the tunnel above there. Mayor Laufenburger: Oh okay. Yeah. Adam Seward: Otherwise there’s that one bench that was made like out of a log that isn’t really a formal bench. Otherwise I do not believe there are any other benches. Mayor Laufenburger: Alright. Do you do anything to protect cedar or does it have it’s own. Adam Seward: Well we buy already pressure treated wood and stuff like that so it would already be treated and we could also add some stuff to it as well. Mayor Laufenburger: Good. So I think Mr. Hoffman are you looking for, okay. So we’re looking for a motion to approve or deny this project that Adam Seward has come forward with. Mr. McDonald? Councilman McDonald: Yes Mr. Mayor. I’ll make a motion that we approve this project to include both the cost of the City to assist with this and also the expertise to work with this project. Mayor Laufenburger: Okay. We have a motion. Is there a second? Councilwoman Tjornhom: Second. Councilwoman Ryan: Second. Mayor Laufenburger: Councilmember Tjornhom thank you very much. Any further discussion or questions for Mr. Seward? Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approve the Eagle Scout project as presented by Adam Seward to build two benches on the Rice Marsh Lake trail and to provide assistance with funding and City expertise. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Adam congratulations. Good luck with your project. Adam Seward: Thank you. Mayor Laufenburger: Send us pictures when you get it done okay? Adam Seward: No problem. 14 Chanhassen City Council – March 13, 2017 Mayor Laufenburger: Alrighty, thank you very much Adam. Are there any other visitors that would like to come forward at this time? Very well then. We’ll close visitor presentation at this time. We’ll move to public hearings. PUBLIC HEARING: APPROVE ON-SALE BEER AND WINE LICENSE FOR ERIC TH LIU, DBA SOYA SUSHI & GRILL, 530 WEST 79 STREET, SUITE 120. Mayor Laufenburger: Do we have a staff report? Chelsea Petersen: Yes Mr. Mayor we do. Mayor Laufenburger: Good evening Ms. Petersen. Chelsea Petersen: Good evening, thank you. City staff has received a request from Eric Liu on behalf of Soya Sushi and Grill for an on-sale beer and wine license. They’ll be located at 530 th West 79 Street. That’s the strip mall where Cheers and Paragon Bakery is located. They will serve sushi and Chinese cuisine. Currently they have a restaurant that will seat 59. Ultimately they will have a patio space available but that will not be readily available in April, depending on how the weather decides to shake out. We did a full background check on the applicants. No negative comments were found. And to date we’ve not received any comments from the public. And I believe that the applicant is here, if they choose to speak and if you have questions. Mayor Laufenburger: Alright in just a moment I’ll invite the applicant up. First of all are there any questions of staff by council? Alright, at this time I’m going to invite the applicant up here. If you would like to introduce yourself to us. Just step up to the podium. State your name and tell us a little bit about what you want to do. Eric Liu: Hi my name is Eric Liu but I don’t speak English very well. Mayor Laufenburger: You’re doing just fine Eric. Eric Liu: Okay thanks. Mayor Laufenburger: So maybe you can answer this question. What space is vacating that is making room for your business? Eric Liu: Before it was fitness and Pizza Hut. Mayor Laufenburger: Oh so you’re, two pieces. Eric Liu: Yeah we’re merging. Mayor Laufenburger: Pizza Hut and the fitness, whatever that was called then okay. 15 Chanhassen City Council – March 13, 2017 Eric Liu: Yeah and we merged the two together and then try to open a Japanese restaurant. Mayor Laufenburger: Very good. And have you had a business like this in the past Eric? Eric Liu: No. Mayor Laufenburger: So this is a first venture? Eric Liu: Yes. Mayor Laufenburger: Well congratulations on your venture into our community. Eric Liu: Okay thank you. Mayor Laufenburger: Assuming things get approved tonight we will wish you the very, very best of luck. Do you have a date on which you’re thinking that you’re going to be open? Eric Liu: I think around May to June. Mayor Laufenburger: Somewhere late May, early June. Eric Liu: Yeah we are remodeling in the space right now. Mayor Laufenburger: You are? Eric Liu: Yeah. Mayor Laufenburger: Very well. Would you mind just standing there? Any questions from council? Alright Eric I’m going to let you sit down for just a moment and at this time thank you very much. Eric Liu: Okay thank you very much. Thanks. Mayor Laufenburger: And I would like to open this for a public hearing. Is there anybody present this evening that would like to speak in favor of or against the granting of this on-sale beer and wine license? There being none I’m going to close the public hearing and bring it back to council. Council any questions of Ms. Petersen? In that case I’m looking for a motion of some sort. Councilwoman Tjornhom: I’ll make a motion. Mayor Laufenburger: Councilwoman Tjornhom. 16 Chanhassen City Council – March 13, 2017 Councilwoman Tjornhom: Mr. Mayor I’d like to make the motion that the City Council approves the request for an on-sale beer and wine license to Eric Liu, dba Soya Sushi and Grill contingent upon receipt of a Certificate of Liquor Liability Insurance. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Mr. McDonald I’ll give that one to you. Any discussion? Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the request for an on-sale beer and wine license to Eric Liu, dba Soya Sushi and Grill 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: Eric, Mr. Liu, good luck to you. You have the approval and we look forward to having you joining the business community here in Chanhassen. Best of luck to you. Eric Liu: Okay thank you very much. Mayor Laufenburger: Thank you. COLONIAL SQUARE – APPROVE VARIANCE TO ALLOW A WALL SIGN ALONG THE EAST FAÇADE OF THE BUILDING, AND A MONUMENT SIGN TO BE LOCATED WITHIN THE PARKING LOT’S 10 FOOT SETBACK ON PROPERTY TH ZONED CENTRAL BUSINESS DISTRICT LOCATED AT 400-412 WEST 78 STREET. OWNER/APPLICANT: VERNELLE CLAYTON, COLONIAL SQUARE LLC. Mayor Laufenburger: Do we have a staff report? Kate Aanenson: Yes we do. This is one of the rare ones where a sign variance always goes up to the City Council. I think that might be a future discussion of whether or not you want to continue to do them that way but this was reviewed by the Planning Commission at their April, st excuse me their February 21 meeting and recommended 6-0 for the two variances. So this is a variance for Colonial Square to allow for two variances. It’s located at the corner of Galpin and th West 78 Street, across from the Chapel Hill. It includes two addresses and is a relocation of a business that was actually over where Chick-fil-A was. The property is zoned Central Business District which is our highest intense use of commercial zoning district. Around it as I stated is the school and then residential to the north. It is staying the proposed sign is currently legal non- conforming and instead of going through the details here I think it’s probably more illustrative to th kind of give you a little bit of the history of the site. December 14 a sign plan review was 17 Chanhassen City Council – March 13, 2017 th approved and in 2016 they allowed permits for the entrances there. July 19 a permit was issued for the south façade. East façade were not approved. This was a PUD that had restrictions on it. As you might have noticed there’s a number of businesses that have relocated in there as we were kind of moving things around in the core. So the pylon sign that’s on the corner there, it’s really in the right-of-way. It’s just north of the fire hydrant but it’s non-conforming. So the current owner now that needs a place where it wants to put a sign on the wall. We are recommending approval of that. It does meet the criteria for the wall sign as far as all the standards. And then replacing the pylon sign with a monument sign that meets city code and that would also accommodate all the users on there as opposed to the old Colonial Square Shopping Center sign. So one of the concerns that we had, we did go verify this with engineering. If we move that back. Making sure we’re not, that’s a busy corner there with people going into the school, to make sure that we weren’t blocking any sight distance lines and it’s actually going to be a better situation there. So this is how it looks today and again the question came up with the fire hydrant at the Planning Commission so it’s actually going to be a good situation and again the Planning Commission did recommend approval 6-0. So with that we’re recommending that the City Council approves the two variance requests. One’s for the pylon sign and the other, or excuse me the monument sign and then the other one is for the wall sign and I’d be happy to answer any questions that you may have. Mayor Laufenburger: Alright, thank you Ms. Aanenson. Council any questions for staff? Mr. Campion. Councilman Campion: The monument sign, will that include all the residents there because there’s more than what’s shown right now right? Kate Aanenson: Yes and they have an opportunity to advertise on there. It’d be their, you know whoever wants to. Councilman Campion: But the sizing will be as proposed here? Kate Aanenson: Correct. That’s all the bigger it could be, correct. Councilman Campion: Okay. Mayor Laufenburger: Okay, Councilmember Ryan. Councilwoman Ryan: Just a question in terms of the, it said the applicant expressed concern. It was about the condition of a window signage along the east façade. Could you just speak to that please? Kate Aanenson: Sure. So originally instead of going for the variance for the wall sign, staff had indicated a way to do that was to put in a window sign and they didn’t want to do that. They wanted both so ultimately the city ordinance does allow for window signs. Those also can be 18 Chanhassen City Council – March 13, 2017 electronic so we were just stating that you know you’re facing the school area and it would actually duplicate. We did discuss that. We actually asked the Planning Commission to give us some consideration and they didn’t want to limit that because other businesses were allowed to do that so that was the discussion on that. Councilwoman Ryan: And so this is a better option than the window sign is that or are they just very separate issues? Kate Aanenson: Two separate issues. They wanted to maximize their ability to advertise and didn’t want to be limited. Councilwoman Ryan: Okay. But that’s off the table and that’s why we’re just dealing with just the monument sign? Kate Aanenson: That’s how the Planning Commission saw it, that’s correct. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Any other questions of staff? Did you comment, did you hear anything from Chapel Hill Academy about this? Kate Aanenson: No we didn’t and nobody spoke against it at the Planning Commission either and I think that’s why they felt like there wasn’t strong feelings regarding the window sign or the wall sign somebody would have probably attended or written us a letter. Mayor Laufenburger: And Ms. Aanenson just one last question. Are these variances inconsistent with other similar variances agreed to or denied in the city? Kate Aanenson: They are consistent with others correct. Mayor Laufenburger: Consistent with others that have been approved, is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Alright. And the, just to comment. Your first question that preceded this was does the council want to see these things in the future. Kate Aanenson: Correct. Mayor Laufenburger: I would say that I don’t think there’s anything that would compel us to change the way we’ve done things. If it comes to the Planning Commission it’s worthwhile even it comes to us in some form I think it’s appropriate that the council continue to do that so at least that’s my view at this time. 19 Chanhassen City Council – March 13, 2017 Kate Aanenson: Great. Mayor Laufenburger: Okay? Alright. Any other question or motion from council? Oh just a second. This does not require a public hearing or does it? Kate Aanenson: No it does not. The public hearing was held at the Planning Commission. Mayor Laufenburger: Okay. It’s alright. My ears. I pay attention to what you say Mr. Knutson because you are the legal authority most often. Roger Knutson: Sometimes. Mayor Laufenburger: Okay. Mr. Campion please. Councilman Campion: The Chanhassen City Council approves the variance request to allow a th wall sign along the east façade of the building at 400 to 416 West 78 Street and a monument sign located within the parking lot’s 10 foot setback subject to the conditions of approval and adopts the attached Findings of Fact. Mayor Laufenburger: Alright, thank you Mr. Campion. We have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion? Councilman Campion moved, Councilwoman Ryan seconded that the Chanhassen City Council approves the variance request to allow a wall sign along the east façade of the th building at 400 to 416 West 78 Street and a monument sign located within the parking lot’s 10 foot setback subject to the following conditions and adopts the attached Findings of Fact: 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east façade must comply with all provisions of the city code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 20 Chanhassen City Council – March 13, 2017 4. The ground low profile sign must meet the sign code’s design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in the attached. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2” diameter. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) – AUTHORIZE SUBMITTAL TO ENVIRONMENTAL QUALITY BOARD. Mayor Laufenburger: Staff report, is that you Ms. Aanenson? Kate Aanenson: Yes. Thank you Mayor, members of the City Council. This is a continuation of the environmental document that you authorized the City to undertake and to get you up to date of where we are on that. We did hold an open house a couple weeks ago and the dates of th that are in, was Tuesday, February 28 and then a week later we had a public meeting at the Planning Commission to take public comment on that so what you’re doing tonight is just authorizing publication. This requires publication in the Environmental Quality Board and that comment period is open for 10 days. We did extend that a couple more days so we have received comments and some of those comments were included in your packet. We do not have all the Planning Commission attached yet but our goal then is as we send it out to all state agencies, as required, and then we’ll also send it to some of our neighboring communities and the county to get their comments because we want to make sure we’ve addressed those as we’ve moving forward for the preliminary plat. But so this, what you’re doing tonight is not weighing in on it. You’re just saying we’re advancing it to go out for publication and then we’ll bring you back all their comments with a recommendation on where we go from there. As you may have noticed in the comments traffic was a big issue. Concern. We’re working to address those and I think we’ve done a good job. Jon Horn has been managing that part of it and we’ll go through that. You saw the boards that were presented and the same information was put in your packet again but that is the information that was shared at the work session and at the Planning Commission meeting. Again received a lot of good comments and we’re also collecting all those emails too and addressing those as they come. So again tonight, unless there’s specific questions th on the process itself. Again it will get published, we set it up on the 27 to get published on rd April 3 and then I think what I put in the staff report we’d be taking comments til I believe th April 17. We wanted to give that hard deadline because that gives us a chance to analyze all those comments. Again we had to have a minimum of 10 days and we’re giving them a little bit longer on that. I also want to note that there are copies, obviously electronically online but they’re available over at the library now. They’re in the catalog over there. You can just ask at the counter. We also have copies here at City Hall during regular business hours anybody can 21 Chanhassen City Council – March 13, 2017 come in here and, is welcome to read it here too and we’re happy to help anybody with questions while they’re here too so with that we’re just asking for authorization to go ahead and publish the document, the draft document. Mayor Laufenburger: Alright thank you Ms. Aanenson. Any questions for staff from council? Councilwoman Ryan: I have one question. Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: Ms. Aanenson could you just clarify for people that are listening right now, other than obviously we would encourage them to contact council if they have questions or comments in regards to this. Is there a specific portal or area that they can go to comment directly on this? Just the public. Kate Aanenson: That’s a great question. So if you look on the website we’ve put out there that you can contact either the City Engineer or myself. To direct the emails to us so we can make sure that we’re cataloging them all and then we’ll be redistributing to you a set of individually maybe to you that we’re making sure we’re getting copies of all those but those are available. There’s a direct link and it’s on the City’s website. They show you how to get to the AUAR. If anybody can’t find it they’re welcomed to call Paul Oehme or myself and we can help you find it and kind of give you maybe the specific area you may want to look at to help you find that so good question. Councilwoman Ryan: Thank you. Kate Aanenson: Yep. I was going to point out one other thing too. We had we’ve because we do have a lot of interest in this project. Originally they had indicated that they might be going to the Planning Commission in April which would have been a submittal date by this Friday but it looks like it will probably be bumped back 2 weeks so we’ll change those dates because we know we have people that are, want to make sure that they’re in attendance and that will be the preliminary plat. Not the AUAR but I just wanted to make that public too so we’ll be changing those dates because we shared those with you because, in case you get calls too so we’ll be changing those on our website too for people that are tracking the project. Mayor Laufenburger: Any other questions or comments? Todd Gerhardt: Mayor, council, Kate, just to clarify. There’s going to be comments on the AUAR and the preliminary plat at both the Planning Commission and City Council so the public will have at least 4 other opportunities to weigh in on this so from a public standpoint at the Planning Commission and City Council. 22 Chanhassen City Council – March 13, 2017 Kate Aanenson: Yeah but the preliminary plat yeah we will have a public hearing at the Planning Commission correct. Todd Gerhardt: Yeah. Mayor Laufenburger: So just to reaffirm. The only thing the council is doing tonight, this is a formal action on our part but the action is only to agree or authorize the publication of what’s been presented so far in the AUAR, is that correct? Kate Aanenson: Correct. With the goal to garner more information, correct. Mayor Laufenburger: To encourage people who will comment. Jurisdictions. Other surrounding cities as well as the public is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. Alright. Any question, comment or anybody would like to make a motion? Councilwoman Ryan: I’ll make a motion. Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: I’d like to make a motion that the City Council, the RGU (Regulatory Governmental Unit) authorizes distribution of the 2016 AUAR draft update and the mitigation plan update for comments. Notice will be published in the EQB Monitor April 3, 2017. Mayor Laufenburger: Alright thank you. We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Any further discussion? Councilwoman Ryan moved, Councilman Campion seconded that the Chanhassen City Council, the RGU (Regulatory Governmental Unit) authorizes distribution of the 2016 AUAR draft update and the mitigation plan update for comments. Notice will be published in the EQB Monitor April 3, 2017. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you Ms. Aanenson. 23 Chanhassen City Council – March 13, 2017 APPOINTMENTS TO THE PLANNING COMMISSION. Mayor Laufenburger: We have one more item of new business. Over the last two council meeting work sessions the council has been involved in interviewing a number of candidates for appointment to our commissions. The Planning Commission, Park and Recreation Commission, Environmental Commission and Senior Commission. Tonight I speak on behalf of the council and I’m going to speak to the appointments for the Planning Commission. First of all the, we were, we as a council were delightfully surprised that so many people were interested in engaging in all of the commissions, including the Planning Commission. There were a number of candidates, all very, very qualified to serve on the Planning Commission. For some reason the, whether it was the Villager, Facebook, website, whatever it is there were a lot of people that were interested in engaging in the community and we all applaud that. At this time I would like to make the nomination of appointing Mark Undestad and John Tietz to two 3 year terms on the Planning Commission. And would also make, include in this motion directing staff to write appropriate letters of thanks to those candidates who were not selected and execute those against my signature and I think that’s the full motion. Is there a second to that motion? Councilman McDonald: I’ll second Mr. Mayor. Mayor Laufenburger: Thank you Mr. McDonald. Mayor Laufenburger moved, Councilman McDonald seconded that the City Council appoint Mark Undestad and John Tietz to 3 year terms on the Planning Commission and direct staff to write appropriate letters of thanks to those candidates who were not selected and execute those against Mayor Laufenburger’s signature. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you council and we have 3 more commissions to appoint people to over the next couple meetings. That brings us to getting to the conclusion of our meeting. COUNCIL PRESENTATIONS. Mayor Laufenburger: Any council presentations this evening? I have one that I would like to speak to. We have with us this evening a long time participant in our City Council meetings and that is the editor of the Chanhassen Villager, Dick Crawford. Tonight is the last meeting at which Dick Crawford will be serving as the voice to the people of Chanhassen. Reporting the news here at City Council and I just want to recognize Dick for his seemingly tireless, relentless pursuit of the truth here in the city of Chanhassen. Dick you’ve been a welcomed participant in our process for how many years now? Dick Crawford: Well let’s see. I think it’s been about 14 but been a regular here for about 7 maybe. 24 Chanhassen City Council – March 13, 2017 Mayor Laufenburger: We’re going to call it 14 years of regular appearance here at City Council Dick. You’ve been a good friend. Thank you very much. We especially we thank you for being the official newspaper of the city of Chanhassen for as long as I can remember and we wish you the best of luck in your future endeavors Dick. Dick Crawford: Thank you. Thank you very much. Mayor Laufenburger: Alright. Make sure that gets in the paper alright? Well you’re the editor. You get to decide that. But trust me you have no control over what is said in the Minutes and also on the video so it’s in the record. Thank you Dick. Alright, any other council presentations? Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Mayor Laufenburger: With that council members we do not have to adjourn to the Fountain Conference Room tonight so you get a chance to go home and watch your bracketology shows if you want. Is there a motion to adjourn? Councilwoman Tjornhom moved, Councilman McDonald 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 8:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 25