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CC 2018 10 08 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2018 Mayor Laufenburger called the meeting to order at 7:07 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Paul Oehme, and Roger Knutson PUBLIC PRESENT: Jessica Pettingill 8702 Chanhassen Hills Drive No. Jon Halper 1415 June Avenue Mack Titus 2747 Century Trail Don Amorosi 2368 Grays Landing Clare Judge 19118 Townline Road Ellie Turk 5895 Maple Forest, Minnetrista Maddie Mansich 8788 Darrel Road, Eden Prairie Witterschein 7150 Harrison Hill Trail A. Schieffert 5044 Juinta Avenue, Edina Mayor Laufenburger: Well good evening and welcome to those of you that are in the council as well as those of you that may be watching on Mediacom cable TV at home or via world wide web from the Livestream on the City of Chanhassen website. We have no public announcements tonight but we will begin by first acknowledging that all members of the council are with us this along with our City Attorney Roger Knutson and other members present. Our first item is our consent agenda. Actually before I do that is there any modification to the agenda, tentative agenda as it was printed? There being no, yes. Todd Gerhardt: Mr. Mayor? Mayor Laufenburger: Yes. Todd Gerhardt: We covered item J(1) during our work session so if we could just delete item J(1) after adjournment. Mayor Laufenburger: Okay, that item actually was covered in the work session. Item number 4 so we will modify the agenda by deleting item J(1). Any other modifications Mr. Gerhardt? Chanhassen City Council October 8, 2018 Mayor Laufenburger: Okay. May I have a motion to approve the modified agenda please? Councilwoman Tjornhom: So moved. Councilman McDonald: Second. Mayor Laufenburger: Councilmember Tjornhom and a second from Mr. McDonald. Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the agenda as amended deleting item J(1). All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to recommendations: 1. Approval of City Council Minutes dated September 24, 2018 2. Receive Planning Commission Minutes dated September 18, 2018 3. Approve Consultant Contracts and Joint Powers Agreement with Carver County for the Highway 101 Improvements (Pioneer Trail to Flying Cloud Drive) 4. Resolution #2018-45: Orchard Lane Area Street & Utility Reconstruction Project: Receive Feasibility Study and Call Public Hearing 5. Resolution #2018-46: Approve Purchase of 2018 CIP Parks Department Water Truck 6. Resolution #2018-47: Accept Donation from Charter Bank for Senior Center 2018 Holiday Party 7. Approve Satisfaction and Release of Special Assessment Agreement with Apple American Limited Partnership 8. Accept Bid for Audio Visual Upgrades to City Council Chambers Equipment All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Mayor Laufenburger: Good evening sir. 2 Chanhassen City Council October 8, 2018 Mack Titus: My name is Mack Titus. I live at 2747 Century Trail here in Chanhassen. Been a resident for a little over a year. Mayor Laufenburger: Welcome Mr. Titus. Mack Titus: This morning I attended a session at the Senior Center called Details with the here but the question I had which went unanswered was civil law enforcement as opposed to moved into here is a managed community and the management company is the same company that I had in Illinois where I previously lived and I know from my work on the senior committee least one of the senior centers, or age restricted communities here. Mayor Laufenburger: In Chanhassen? Mack Titus: Yeah Powers Ridge. Mayor Laufenburger: Okay. accounting curiosities here in our association as I did in the Illinois association. Excessive budgeting of a line item is one of those. In this case the irrigation system water has been excessively budgeted on average about 70 percent for a number of years. I went back to 2015. I think long before that. So where does this excess go? It goes into some account called Operating, the Operating Equity Account. Not sur GAAP recommendation of about 5 to 10 percent GAAP. G-A-A-P. Mayor Laufenburger: Yep, Generally Accepted Accounting Principles. th I think of about 2/10 Why am I particularly interested in this also, why is this a real concern? This is a photograph of a unit in the community in which I previously lived in Illinois managed by the same management company called First Service Residential and it shows that they were struck by lightning. The unit has excessive damage but the other 130 unit owners in this same neighborhood in that community was organized by neighborhoods, are just now learning. Todd Gerhardt: Put that on that piece of paper so Nann can put the camera on it. 3 Chanhassen City Council October 8, 2018 Mayor Laufenburger: If you put that, there you go. There you go. Perfect. Okay. Okay you said this is one of how many units? Mack Titus: Fantastic idea. Todd Gerhardt: Yeah. Now everybody can see what you mean. Mack Titus: Yeah it was struck by lightning and the other residents in the community, about 130 of them are now learning that they have to make up the $15,000 deductible on the master Mayor Laufenburger: And this, this was the incident in Illinois is that correct? Mack Titus: Yes. Mayor Laufenburger: Okay. Mack Titus: This is a mug shot of one of the on site controllers that we had. Mayor Laufenburger: Is this here in Chanhassen? Mack Titus: No. Mayor Laufenburger: Okay. Mack Titus: In Huntley, Illinois. First Service Residential employee and her predecessor was also let go because he had falsely represented himself as a CPA for years. I think if their background checks, you know this sort of thing could be picked up on and questions asked. checks so that would be my question to you. Mayor Laufenburger: So your question is who was supposed to do the checks on the people who managed the homeowners association finances at your managed community. Mack Titus: Yeah. Mayor Laufenburger: Let me just, can I ask you to pause for just a second? 4 Chanhassen City Council October 8, 2018 Mayor Laufenburger: Well thank you very much Mr. Titus. By the way Mr. Titus have you brought your questions to the management of your homeowners association? Mack Titus: Yes. On the, we had a, there was an association meeting last, the last week of September. I went to it. I was the only resident there. Part of the problem is owner apathy but the response when I asked about the excessive charges on the irrigation system water was and I quote, the village is always screwing around with the water rates, unquote. Mayor Laufenburger: Okay thank you Mr. Titus. Thank you for your presentation. This raises a reviewing or, yeah do we have any oversight of the homeowner associations that operate within the city of Chanhassen? Roger Knutson: The general answer is no. We have no oversight over them. Now if someone is committing a crime like he put up a photo of someone committing a crime. Mayor Laufenburger: Right. Roger Knutson: We could be involved in that. You can report that to the police department or to the City. lack of fiduciary responsibility with funds is that? Mayor Laufenburger: Okay. Roger Knutson: That probably would be something the HOA, the association itself can deal have their own By-laws regarding by-laws and their constitution and what authority they have. a breach of that. They can together and decide what they want to do. Mayor Laufenburger: Okay. Alright, good counsel. Thank you Mr. Titus for bringing that forward. Is there any other visitor presentation at this time? Alright with that I will close visitor presentation and move to our next item on the agenda which is public hearing. 5 Chanhassen City Council October 8, 2018 PUBLIC HEARING: APPROVAL OF ON-SALE BEER AND WINE LICENSE FOR CHEFJESS LLC, DBA CAFÉ THYME, 7850 MARKET BOULEVARD. Todd Gerhardt: This would be mine Mayor. Alright, go ahead Mr. Gerhard. Todd Ger Thyme. This is a public hearing Mayor and council. Chefjess LLC, which is the Limited Liability Company operating Café Thyme is asking for an on-sale beer and wine license from the City of Chanhassen and they are residing at 7850 Market Boulevard or other people know it as came back clean. Staff is recommending approval of the on-sale beer and wine license. This is a public hearing. You can open the public hearing or ask Jessie to come up and give you a little background on Café Thyme. a little bit but are there any questions from council before we do that? Okay, Jessica would you mind coming up to the podium and just introduce yourself and your address and tell us a little bit about what you want to do. trained out in Oregon. I grew up on a small farm in North Dakota. I spent 15, almost 15 years in the San Francisco Bay area working in various different restaurants, hotels, private chef. I want to bring the local farm to table concept to Chanhassen because I feel like we have a lot of chains nging wholesome foods and working with our local farmers in the community. Mayor Laufenburger: Okay. Can you talk a little bit about when you plan to open? - right now waiting on the State to come back to approve the final plans. Mayor Laufenburger: Okay, alright. And this is part of Market Square. Jessica Pettingill: Yes Market Square. 6 Chanhassen City Council October 8, 2018 Jessica Pettingill: Yep. Mayor Laufenburger: Alright. Council any questions of Jess? Okay thank you very much. Jessica Pettingill: Thank you. Mayor Laufenburger: Alright this is a public, this requires a public hearing on the approval of the on-sale beer and wine license so at this time I would like to open the public hearing for anybody present in the council chambers who would like to comment on the approval or disapproval of this on-sale beer and wine license. Alright there being none I will close the public hearing and bring it back to the council for comment or action. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: I would like to make a motion that the City Council approves the request for an on-sale beer and wine license from Chefjess LLC doing business as Café Thyme. Mayor Laufenburger: Okay. Mayor Laufenburger: We have a valid motion and a second. Any discussion? Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves the request for an on-sale beer and wine license from Chefjess LLC doing business as Café Thyme. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5- you. Todd Gerhardt: Can we do a little business after the meeting? PUBLIC HEARING: APPROVAL OF OFF-SALE INTOXICATING LIQUOR LICENSE TH FOR YAYIN GADOL, LLC DBA TOP TEN LIQUORS, 19900 WEST 78 STREET. Todd Gerhardt: It is. 7 Chanhassen City Council October 8, 2018 Mayor Laufenburger: You got the duo tonight huh? for approval of an off-sale intoxicating liquor license for Yayin Gadol LLC, or as Top Ten th Liquors at 19900 West 78 S check has come back clean again on this one and staff is recommending approval and you can open it up for public hearing. Mayor Laufenburger: Alright before I do that are there any questions of staff from council members? Todd Gerhardt: I do think we have a representative Jon from Top Ten Liquors is here this evening also. Would you like to introduce yourself and make any comments? Just your name and address. Jon Halper: Thank you Mayor. Jon Halper th into the space at 19900 West 78 Street and look forward to being part of this community. We have 8 other liquor stores and this is part of a growing Minnesota business. Mayor Laufenburger: And with your 8 other stores are they in the Twin Cities or around the state? Jon Halper: The Mayor Laufenburger: All around the Twin Cities. What would be? Jon Halper: We go from Blaine to Woodbury, St. Louis Park. Jon Halper: St. Louis Park. Mayor Laufenburger: St. Louis Park, okay. Jon Halper: Yep. Mayor Laufenburger: Alright. And when is it that you plan to occupy that space Jon? st Jon Halper: Probably right around November 1. n of this right now? 8 Chanhassen City Council October 8, 2018 Jon Halper Mayor Laufenburger: Okay, alright. Council members any questions for Mr. Halper? Okay, thank you very much. Jon Halper: Thank you. Mayor Laufenburger: At this time I would like to open the public hearing on this matter. If -sale intoxicating liquor license for a company doing business as Top Ten you may step to the podium. Give us your name and address and your comments. going to close the public hearing and bring it back to the council for comment or action. Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Mayor Laufenburger: Alright. Councilman McDonald: That the City Council approves the request for an off-sale intoxicating liquor license from Yayin Gadol, LLC doing business as Top Ten Liquors located at 19900 West th 78 Street. Approval of the license would be contingent upon satisfactory background investigation results and final approval by the Minnesota Alcohol and Gambling Department. Mayor Laufenburger: Alright we have a motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Any discussion from council? Mr. Gerhardt I just have a question for you. This is contingent upon final approval. Do you anticipate any reason why that final approval will not be granted? Todd Gerhardt: No. Mayor Laufenburger: And what timeframe will it be granted? Todd Gerhardt: I would say within the next week and a half. Mayor Laufenburger: Okay so assuming this passes and I sign this we hold this until the, until that comes through is that correct? 9 Chanhassen City Council October 8, 2018 Todd Gerhardt: Sure. Mayor Laufenburger: Okay, alright. We have a motion and a second. Any further discussion? Councilman McDonald moved, Councilman Campion seconded that the City Council approves the request for an off-sale intoxicating liquor license from Yayin Gadol, LLC th doing business as Top Ten Liquors located at 19900 West 78 Street. Approval of the license would be contingent upon satisfactory background investigation results and final approval by the Minnesota Alcohol and Gambling Department. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5- go and good luck to you and your grand opening. That concludes our formal business this evening. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt any administrative presentations? one item. Just wanted to recognize again Dean Schmeig has retired from the City with 35 years of service. If you count his time as part time employee at the gate missed. He is always showed up on time. He was dedicated to the City. You know followed direction. Always, it was kind of funny. Always showed up 15 minutes early but last Friday, they usually start at 6:30. No Dean. At 7:00 no Dean. Finally at 7:30 Dean walked in and he said I just wanted to see what it was like to be late and so I kind of started off saying Dean was going to leave us in good standing but we messed up on our last day so, but no he is definitely leaving us in good standing and is going to be missed by a lot of people out there and has trained a variety of people to take over his jobs and those are marking graves and working with Katie th and Jerry on 4 of July and all the special events so Dean was definitely one of the special employees we had out there. Not a big talker but definitely was a ha have. Mayor Laufenburger: Very well thank you. No further administrative presentations? Todd Gerhardt: No. CORRESPONDENCE DISCUSSION. 10 Chanhassen City Council October 8, 2018 Mayor Laufenburger: Is there any comment or question on the correspondence? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Yes sir Mr. McDonald. happ respected within the community and I think that what this proves is by the open house they continue to do an outstanding and excellent job protecting our city so I just wanted everybody to see any negative comments at all so hats off to the fire department. Mayor Laufenburger: Very well. Anybody else comment on the correspondence? and the volunteers do a great job. Don Nutter really brought some of his expertise from Golden Valley to Chanhassen and worked with the different schools and did some different things than what Mark Littfin had done in the past so comments so. 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 7:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11