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CC VER 2019 09 09CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2019 Mayor Ryan called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman Campion, and Councilwoman Coleman COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Jake Foster, Kate Aanenson, Jason Wedel, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: DeeDee Kahring 11 Peavey Road, Chaska Brandon Arnold 3118 Bavaria Hills Trail, Chaska Miles Nablo 18288 Evener Way, Eden Prairie Chris Hentges 11 Peavey Road, Chaska Greg Boe 114200 Huntermark Road, #110, Chaska Steve Scharfenberg 1470 Lake Susan Hills Drive Mike Smith 9524 Upton Avenue No, Brooklyn Park Greg Hastings 9217 Lake Riley Boulevard Terre Kemble Chanhassen Red Birds Mayor Ryan: Again good evening everybody and welcome to our council meeting. To those of you that are watching at home or livestreaming from the Chanhassen website, welcome and thank you for joining us. For the record we have four council members present with Councilmember Tjornhom absent tonight. First action on our agenda is the agenda approval. Council members are there any modifications to the agenda as printed? If not we will proceed with the public agenda. PUBLIC ANNOUNCEMENTS: PROCLAMATION-CHANHASSEN RED BIRDS 2019 STATE AMATEUR BASEBALL CLASS “B” CHAMPIONS. Mayor Ryan: And first up is very exciting part of the meeting for us is our public announcements but before I begin with the actual proclamation I would love everybody to join me in a round of applause for our 2019 State Champions. So just to give a little bit of an idea of what we’re going to do tonight, I’d like to say a few words and then ask council if they would as well. We have Representative Greg Boe here tonight and I know he would like to say a few words as well and then Steve Scharfenberg I think is going to say some words and then I will Chanhassen City Council – September 9, 2019 2 read the official proclamation and then invite everybody up and we’ll, your get your proclamation certificate and then like we do here at City Hall we always celebrate with cake so we’ll do a little cake celebration after that so. Again congratulations to all of you. The Chanhassen Red Birds are so much more then the incredible two time state amateur baseball champions that they are. They truly are part of the heart and soul of this community. We often get asked what makes Chanhassen so special. In addition to the great parks and trails and events that we have, the school district, we have a small town feel where everybody in this community comes together and gets behind you guys, our team. The Chanhassen Red Birds. There is certainly a passion at the core from the board and the group. There have been long time Chanhassen residents who brought the Red Birds back years ago onto the field and continue over the past years to grow the brand and continue the interest of the Red Birds so we thank you for that. I know some of the members are here. I see the Strands. The Kemble’s. We appreciate all that you do in working the, helping with the Red Birds. And then of course to the coaches. You’ve obviously given some great advice and strategy over the past seasons but additionally your both mentors and leaders of these men and likely support them in ways that go beyond the field and so I want to acknowledge that and thank you for that because that goes a long way and is very important. And then of course to the guys. You are the ones that put in the sweat equity and through your determination, grit, and passion for the game we thank you for being such an important part of this community. The championship obviously means a lot to you as it does to us but really it is the icing on the cake for everybody here at city hall. As council we spend a lot of our time talking about community and so we are appreciative of you, whether you realize it or not. With each season you are making this community an even better place to live. You bring people of all generations to the ballpark. There are families. Little League teams and people who simply love to come and watch baseball and you are the reason that the community continues to come together. You inspire the young and you entertain the masses every single time you step onto the field so thank you for your contribution to the sense of pride and community in Chanhassen and again a huge congratulations on your second championship because like I said let’s be honest who doesn’t love to win so congratulations. Council members are there any other comments that you would like to make? Councilman McDonald. Councilman McDonald: Well I just want to say congratulations. You know I’ve been watching you guys for many years . The past 3 years have been really exciting. You’ve made it to the championship game. First time through again you seem to want to make it really hard on yourselves and your fans. You didn’t quite make it that year but you came real close. The next year you came through and again you had to go through the losers bracket. You had to win more games and you did it and I was really proud of you guys. This year you even went one better. You lost the game earlier than what you normally do so you had to play an extra game on that weekend to even get into the championship and you did it again so I was really proud. It was a really enjoyable game. I love watching you guys. You know I try to show up as much as I can but yeah you’ve done a lot for the community. You’ve made us proud and every year I’ve watched as the stands get a little bit fuller and a little bit fuller and I’m hoping that next year they’ll be even fuller because now you won twice. You know maybe people will start to think, you know maybe I ought to go out and watch these guys so hopefully next year will be bigger Chanhassen City Council – September 9, 2019 3 and better and one of these years I just hope you can just go straight on through the tournament and not have to play those extra games so good luck to you and again thank you for a great show. Councilwoman Coleman: If I may I just want to say congratulations. Thank you for making our city so proud and for being a good example. It takes a lot of hard work, dedication and teamwork which is something that every citizen can learn from and be inspired by. I did promise my husband I would put in one request if there are parents of left handed pitchers in the audience please email me any tips you have. He is hoping that is in store for our son coming in a few weeks so any tips would be appreciated but thank you all so much for making us so proud. Mayor Ryan: Thank you. Councilman Campion: And I’ll close it out. Congratulations. You guys you know make us all proud and there are a lot of little kids that look up to you. My 8 year old son still has a ball that sits on the shelf in his room that many of you signed for him last year when he decided to forego the quarter or dollar that Councilman McDonald might have been giving out for the spare balls but yeah, thank you and congratulations and we’re all proud of you. Mayor Ryan: Great thank you. Representative Boe if you would like to step forward. Welcome. Representative Greg Boe: Thank you Madam Mayor. Would you like me to read this now? Mayor Ryan: Yes please. Yes, yes. Representative Greg Boe: Okay. I didn’t want to go in front of your proclamation. Mayor Ryan: No, go ahead. Please do. Representative Greg Boe: Well it’s a pleasure to be here tonight. I’m Greg Boe and I’m proud to represent District 47B which is Chanhassen, Chaska, and Victoria. Now I’d like to tell you that the entire district is really, really happy with how you but I think there’s at least a couple people that are a little jealous but nonetheless all in all we’re very proud and very happy of the job you’ve done and so I wanted to read a quick letter. I have a nice congratulatory letter from the State of Minnesota to read on your behalf tonight. So congratulations to the Chanhassen Red Birds Baseball Team, Class B 2019 State Champions. On behalf of the residents of our community we congratulate you on back to back state championships. What an extraordinary feat. The team fought hard. Trained hard and your success is a testament to your endurance and commitment to excellence. The residents of Chanhassen could not be more proud of your success. I want to personally extend my well wishes to the entire team. I’m sure your family and friends and community are all celebrating your successes of this season so congratulations on a job well done. Chanhassen City Council – September 9, 2019 4 Mayor Ryan: Thank you Representative Boe. Mr. Scharfenberg. Steve Scharfenberg: Steve Scharfenberg, 1470 Lake Susan Hills Drive, Chanhassen. Mayor Ryan, council members and city staff. On behalf of the Chan Red Birds organization I’m proud to be here tonight to introduce the 2019 Class B State Champions. The Red Birds defeated the Dundas Dukes on September 2nd in two games by scores of 8 to 1 and then in the championship game 9 to 2 to bring home the trophy for a second consecutive year. In addition several members of the team were named to the All Tournament Team. Those team members included Miles Nablo, Logan Spitzack, Mike Jurgella, and John Straka was named the tournament MVP with a pitching record of 2 and 1. The Red Birds had a very successful 2019 season with an overall record of 32 and 5 and an RVL record of 11 and 1. Now the Twins weren’t the only team hitting a lot of home runs this year. The Red Birds hit 40 home runs and 70 doubles during the 2019 season and scored 230 runs to their opponents 90 runs during this season. And finally had a team pitching ERA of 1.805 which is just amazing. We also had a number of other highlights throughout the year that I just wanted to point out. We hosted a 5 team tournament for the first time this year which we were successful in winning both of our games against Moorhead and Cold Springs. For the second consecutive year the players themselves ran a team sponsored baseball clinic for youth during the course of a 3 day period at the high school with many attending and probably the greatest achievement I think that we had, besides the championship was the Channel 9 Town Ball game which took place in the middle of July against the Minnetonka Millers. Now we weren’t successful in defeating the Millers who are a very good team but that evening when you talk about community that truly was a community event. We had over 500 people attend the ballgame that night. I’ve never seen that many people there for a game. I can tell you that we’ve never had that many people there and it was just a tremendous event and it was all made possible because of the hard that we as a team put in, the City put in and the community put in because we had help from Rotary and a number of different organizations to come out and help us that evening. So finally I do want to say thank you to the City and the City for all the work that they do in supporting the Red Birds. Todd and Jerry do a tremendous job in helping market the team. They put up the signs for us on game nights. They help promote us throughout the year and we couldn’t do what we do without the help of the City so thank you again. Again we’re proud to be here. We’re proud to be part of this community and let’s do it again next year. Mayor Ryan: Awesome, thank you. Alright now for the official proclamation. The 2019 State Amateur Baseball Class “B” Champions. Whereas the Chanhassen Red Birds town baseball team became the Minnesota Amateur Baseball Class “B” State champions on Monday, September 2, 2019 during the playing of the 96th Annual Minnesota Baseball Association tournament, and Whereas the team had a season record of 32 wins and only 5 loses; and Whereas the team defeated the Dundas Dukes in the final two games of the state tournament by the scores of 8 to 1 and 9 to 2; and Whereas the team was coached by Mike Ralston, Mike Arnold and scorekeeper Matt Schrad; and Whereas the players on the team are Brandon Arnold, Nick Smith, Derek Smith, Michael Jurgella, Aaron Pfaff, Aaron Kloeppner, Matthew Smith, Logan Spitzack, Justin Arnold, Luke Roskam, Joe Jersak, Justin Bach, Riley Johnson, Ryan Diers, John Straka, John Eischens, Miles Nablo, Zach Hartford, Dominic Reed, Zach Hoffman, Garrett Fischer, Justin Anderson, Chris Choles, Justin Jeronimous, and Shawn Chanhassen City Council – September 9, 2019 5 Riesgraf. Thanks for the nods guys. It’s like calling in a pitch right? Alright now Be It Resolved that the Honorable Mayor Elise Ryan, myself, and the members of the City Council of the City of Chanhassen on behalf of all citizens do hereby recognize the Chanhassen Red Birds for being the 2019 Minnesota Amateur Baseball Class “B” State Champions and for being the pride of Chanhassen and do hereby declare September 9, 2019 Chanhassen Red Birds Day in Chanhassen, Minnesota. Congratulations. Alright now I’ll, Steve do you want to join me up there and call their names and we’ll hand the proclamations. Todd Gerhardt: You guys have to find more Johnson’s. Mayor Ryan: Greg if you want to come up and shake hands as well that’d be great. You want to call their names? Representative Greg Boe: Sure. Mayor Ryan: Alright. Steve Scharfenberg: Shawn Riesgraf. Mayor Ryan: Congratulations. Steve Scharfenberg: Brandon Arnold. Mayor Ryan: Congratulations. Steve Scharfenberg: Matt Smith. Miles Nablo. Mayor Ryan: Congratulations. Steve Scharfenberg: Okay and Terre Kemble and Ken, Marcia come on up. Bring the trophy. Todd Hoffman: We’re all going to get Terre to smile. Terre Kemble: Thank you very much. Mayor Ryan: Marsha. Marcia Strand: A lot of people don’t know but Elise actually helped to start the team back in the day when we were trying to get the team going. She was on the park board then and she was one of the people that helped us get it going so we have to thank Elise Ryan for all her help. Mayor Ryan: Alright let’s do a quick photo. Congratulations again everybody. Jerry Ruegemer: We’ll take one without proclamations and one with proclamations. The City Council took a short recess at this point in the meeting to take photographs and celebrate with cake. Chanhassen City Council – September 9, 2019 6 CONSENT AGENDA: Mayor Ryan: Alright we are back in session. Thank you everybody. Next on our agenda we have the consent agenda. Tonight we have consent agenda items number 1 through 10. All items listed under the consent agenda are considered to be routine by the City Council and will be considered as a single motion based on staff recommendation. There will be no separate discussion on these items. If discussion is desired by anyone on council or here in the chambers you may request to have the item removed and have it considered separately on our agenda this evening. Are there any items that council would like to consider separately? Councilman McDonald. Councilman McDonald: Madam Mayor. Yes Madam Mayor. I would like to remove item 5 and item 8 for separate discussion. Mayor Ryan: Okay. Item number 5 and item number 8. We will move those two items under H, under New Business. Perfect, thank you. So is there a motion to approve consent agenda items 1 through 4, 6, 7, 9 and 10? Councilwoman Coleman: So moved. Mayor Ryan: Is there a second? Councilman Campion: Second. Councilwoman Coleman moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated August 26, 2019 2. Receive Planning Commission Minutes dated July 16, 2019 3. Receive Planning Commission Minutes dated August 20, 2019 4. Approve Wetland Replacement Plan for CSAH 101 Project 5. Item pulled for separate discussion. 6. Resolution #2019-43: Approve Quotes for Lift Station 22 Rehabilitation 7. Glendale Drive Homes: Approve Amended Development Contract 8. Item pulled for separate discussion. 9. Resolution #2019-44: Accept Advertisement for Bids: Award Contract for the Bluff Creek Trail Rehabilitation Project Chanhassen City Council – September 9, 2019 7 10. Consider a Site Plan Review with Variance for Chanhassen Butcher for Property Located at 590 West 79th Street All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. EASTERN CARVER COUNTY SCHOOL DISTRICT 112 REFERENDUM – DEEDEE KAHRING, DIRECTOR OF FINANCE AND OPERATIONS. Mayor Ryan: We have one scheduled visitor presentation so I invite you to the podium please. This is the Eastern Carver County School District 112 Referendum. Welcome. DeeDee Kahring: Well thank you. Thank you Madam Mayor, council members. Mr. Gerhardt and Mr. Knutson, thanks for allowing us to be here to share some information about upcoming referenda so I’ll just take a little time, along with Chris Hentges who’s here with us and Chris is with our teaching and learning department so we’ll just provide you with a little bit of information about the upcoming referenda and then we have a short video to show you. So as I mentioned on November 5th Eastern Carver County Schools will present a referenda to the residents of our community and a vote on 3 different items. You have a copy of our document in front of you. We’ll just kind of go over that. So the 3 questions, Question 1 will be an operating levy to increase support for student learning. Question 2 will be bond funds to address growth and building maintenance needs. We’ll go over that as well. Levy to renew our support for school security and technology. So the ballot questions, Question 1 the operating levy is an increase to continue strong academic preparation of our students to prevent cuts to programs and services. Maintaining our class size and assist with managing our growing enrollment. Question 1 needs to pass in order for Question 2 to pass, and I’ll explain that in just a minute. Question 2 is a bond referenda to build a new elementary school on district owned property that we purchased with the last referenda. It’s also to include a fairly significant amount of it to address deferred maintenance and to, deferred maintenance and building repair projects across the district as well as building a new larger bus garage. Again this question can pass only if Question 1 passes. Question 3 is a no tax increase renewal of our existing security and technology. This levy is used to support the technology in our schools. The security systems. Cameras. Our secured entrances. Our technology support and infrastructure in our schools. So what you need to know that’s kind of on that right hand side of the page is really the district is growing with our current demographic study and you’ve seen developments within your community as well as the 3 other communities that we support, or that support us and that’s Victoria, Carver and Chaska as well so 1,400 students on 5 years, that equates to about one new classroom per month per year. So a lot of growth in the communities. Many of our elementary schools are either at capacity or near capacity and we’re planning for the growth to meet the needs of those students. Additionally the Question 1, the operating levy is to take into consideration that State funding has not kept up with inflation. If it had kept up with inflation we would be receiving about $6 million dollars per year more than we currently are so funding has Chanhassen City Council – September 9, 2019 8 to do with that. As far as our referenda on the deferred maintenance, the median age of our schools are about 34 years. We do have some newer schools but we definitely have some older schools as well and as our schools age and just like your home the maintenance needs increase on all of that. So addressing the deferred maintenance sets things such as roofs, parking lots, heating, ventilation equipment, all to sustain optimal student learning environments for all of our children. Additionally we’re looking for funds to improve our bus garage situation. Currently our bus garage in downtown Chaska is undersized. We have buses that are outside. We do not have ample space for maintenance and care of all of our buses. We will be bringing our bus service in house. We will no longer be contracting out for that so there is even a greater need for us to make sure that we’re protecting the assets that we will own which will be all of the buses and maintaining them. And finally the funding from the District security and technology levy has supported the secure school entrances, the infrastructure as I mentioned and learning devices for both students and staff. And now I’ll bring Chris up here to explain a little bit further and then we’ll show you the video. Mayor Ryan: Thank you. Chris Hentges: Thank you and good evening. If you want to flip your sheet to the back side of your folder and I’ll talk about some of the highlights on the back side of the sheet and start on the top right with the operating levy information and a reminder that this is really supporting our general fund so classrooms, staffing, building operations, supplies, student support. You can see where on this graph where Eastern Carver County currently sits with our operating levy per students in that bottom third. If we were to pass the referendum and if it were to be approved we’d slide up into the, inbetween Edina and Eden Prairie so up towards that second half of the top half so these are 14 districts that we benchmark ourselves against, They have similar size and similar demographics so it just gives us some context as we’re doing our work. You take a look at the right, community supports our schools and this support has been reflected through a variety of community surveys that have been conducted over the last year. So residents, the surveys were conducted with residents that have students in our schools and residents that do not have students in our schools and there’s high support and belief that our students are receiving a high quality education from great teachers across the district, K through, or E through 12 really. Moving down to the left hand side, the bottom left, just some information around if the funding is not approved around those 3 questions. Things that we will need to take a look at as a school district as crowding. Our students continue to come as DeeDee said how do we support increase in class sizes. Our facilities continue to get older and not being able to meet the needs of the maintenance pieces. Teacher layoffs. Continued cuts to some of our academic programs. Also looking at our technology and how do we continue to support that and then also continue to keep up with school security. All really, really important things to us that we need to make sure that we continue to support and grow. Financial accountability. That’s DeeDee’s team has won 8 consecutive awards in their excellence in being fiscally responsible with our dollars and ensuring that those dollars are supporting our students and families in our school district is really important and DeeDee and her team does a great job with that. And then also some specific information around the tax impact. So you can see on the bottom there the 3 questions Chanhassen City Council – September 9, 2019 9 separating out the operating levy, the bond and then the security and technology. And this, this little graph here is connected to the average price home in our 4 communities which is $350,000 and you can see the tax, monthly tax impact for those 3 different questions. As DeeDee said Question number 3 does not have an increase because that would be a renewal of the existing security and technology. If you take a look at the bottom right in the very bottom where it says learn more, and if you visit that website it does have a calculator where you can go in and put the value of your home and it will give you information as to what the monthly impact would be for, for the value of your home. And then last voting information. It is November 5th from 7:00 a.m. to 8:00 p.m. and you’ll see the polling locations for the 4 communities that our school district serves. Residents in Chanhassen you’ll see at the Chanhassen Rec Center. There are also options, two other options to vote early in person and that can be at the District office starting on September 20th through November 4th and that would be Monday through Friday from 8:00 a.m. to 4:30 p.m. and they’re also going to have some extended hours Thursday, October 24th from 8:00 a.m. to 7:00 p.m. and then Saturday, October 26th from 8:00 a.m. to 11:00 a.m. And they will also, you can vote by mail so an absentee option as well and on the website that’s on this document provides more information of how to get that ballot and then submit that. Submit that ballot. So with that we will show a video that will go into a little bit more depth on the referendum. Mayor Ryan: Great, thank you. A video was shown at this point in the meeting. DeeDee Kahring: Okay, thank you. That’s it. We’re here to answer any questions that you might have. Mayor Ryan: Perfect, thank you very much. Council do you have any questions? I just have a couple just for information sake for anybody that’s watching. How about anymore public forums, meetings? Are there any more opportunities to learn more about this? DeeDee Kahring: There is. I’m sorry I just don’t remember the date off the top of my head but we are going to every City Council such as this. We are going to all of the organizations such as Chan Rotary. Chaska Rotary. We’re going to some of the various apartments and buildings throughout the community so we do have a list of those at the, at our district education center that we can get out but I can more information, I forgot the date. Mayor Ryan: Okay. And is that, is any of it posted on your, the website? DeeDee Kahring: Yep, yep. Mayor Ryan: Okay so people can go there for information. Chanhassen City Council – September 9, 2019 10 DeeDee Kahring: There’s a wealth of information on our website about all of this. There’s some frequently asked questions too. We have a web email address where people can send in questions that they might have about the referenda and then all of those questions and responses are put on the website as well. Mayor Ryan: Perfect and kind of in conjunction with that, when you talk about the, some of the projects that you’re looking at is there a list of the projects that you’re considering as part of this? DeeDee Kahring: Yes there is. Mayor Ryan: Okay. DeeDee Kahring: So all of the main ones that I mentioned and then the deferred maintenance there is a long list of all of those, to cover all of those. Mayor Ryan: Okay. DeeDee Kahring: If I could also mention along with that deferred maintenance list we will continue to receive what’s called long term facility maintenance funding which we get, but it’s not enough every year so there will be some projects listed through that as well so that’s another source to help us. Mayor Ryan: Perfect. So the recommendation is if people have questions or want more information the best thing is to visit the District 112 website then says Vote 2019, correct? DeeDee Kahring: Yes, that’s correct. Mayor Ryan: Okay perfect, thank you for being here tonight. We appreciate it. DeeDee Kahring: Thank you so much. Thanks for your support. Mayor Ryan: Absolutely. Thank you. Are there any other visitor presentations this evening? Yes please ahead. Just please state your name and address please. Mack Titus: Mack Titus, 2747 Century Trail. In 2018 I successfully argued for a reduction in my property assessment of about $7,000. One of my arguments was the, that I presented was the inability of the Chanhassen engineering department to manage privatization. The council may recall back in April, on April 8th of this year I spoke and tried to clarify the response, who had responsibility for driveway inspections. The response that I received was that it depends on whether your driveway is accessed by a public or private street which I think sends a wrong message because it creates, then creates a double standard for driveways within a given community. I would also point out that private streets are not identified in the 45 page contract between Chanhassen and the developer, Pulte in that case. This is the disclosure statement. The Chanhassen City Council – September 9, 2019 11 first 11 pages of this are the disclosure statement for Arboretum Village developed by Pulte. There’s no mention of private streets in that disclosure statement. When I asked for my inspection report from 2000 and for the property that I own now, 2000 it was built. 2002 I was told that you were privatized and this is a quote. You were privatized. There are no inspection reports. What that implied to me was that there is the privatization. It’s not just with regard to certain streets but the entire development of Arboretum Village has been privatized. It also says that the engineering department did not conduct any driveway inspections in the 2001 to 3 development period when there was no association and there was no management company who could do this. So our driveways have never been inspected so far as I can tell. The, I also asked for a driveway permit and I find that flawed. It does not stipulate the criteria and whether your driveway is accessed by a public or a private street. It does not mention the 14 foot rule that was mentioned to me when I spoke to an individual in the engineering department which is that only 14 feet of your driveway can be inspected and that’s measured from the curb. In my case that’s 7 feet of driveway apron, 5 feet of sidewalk and 2 feet of my actual driveway. The other 34 feet or 94 percent of my driveway apparently is not eligible for an engineering department inspection. And as I said earlier I suspect that no driveway in Arboretum Village has ever been inspected. So what I’m suggesting is that the Chanhassen council table any discussion of the franchise fee until the engineering department mission statement is focused on retaining individual property values. I would ask that the council do that. Thank you. Mayor Ryan: Thank you Mr. Titus. Alright Mr. Titus we’ll have somebody, I know you’ve been in touch with staff but we will consider this, your comments as part of our franchise fee discussion. In which we are not having tonight but it’s an ongoing discussion and so we’ll make sure that we are communicating with staff in regards to your questions. Mack Titus: Thank you very much. Mayor Ryan: Thank you. Are there any other visitor presentations this evening? Okay. PUBLIC HEARING: APPROVAL OF ON-SALE INTOXICATING LIQUOR LICENSE WITH SUNDAY SALES FOR CHANHASSEN BUTCHER, LLC DBA TEQUILA BUTCHER, 590 WEST 79TH STREET. Mayor Ryan: Ms Aanenson? Kate Aanenson: No. Mayor Ryan: No, okay. Mr. Gerhardt. Todd Gerhardt: Mayor and council. Yep, tonight before you is a request for an on-sale intoxicating liquor license with Sunday sales from Chanhassen Butcher LLC, going to do business as Tequila Butcher in the old Applebee’s site at 590 West 79th Street. There’s been a background check on the managers and background check has come clear so there are no Chanhassen City Council – September 9, 2019 12 findings as a part of that background check. They are zoned appropriately. They’re still going through the planning process when it comes to site coverage that the council will consider at your next, which meeting Kate? Kate Aanenson: Actually it was approved as part of the consent tonight. Todd Gerhardt: Oh, well there we go. Kate Aanenson: They have been approved. We’re still working on the parking lot across the street but yes their site plan is. Todd Gerhardt: And again this is a public hearing. They do own 3 other restaurants in Farmington, Eagan, and Savage and we have not found any issues at those locations either. Staff would ask that the mayor and council open this public hearing for citizen comments and any questions that you may have of staff. Mayor Ryan: Thank you Mr. Gerhardt. Before I open the public hearing council do you have any questions at this time? And then after we have the public hearing if the applicants want to come forward and address the council that would be great but right now I hereby open the public hearing. Please step forward and state your name and address for the record. With nobody coming forward I will close the public hearing and return it to council. But in the meantime I would love if the applicants would like to come forward and talk to us a little bit about this new venture. That everybody in Chanhassen is very excited about. It’s created a lot of buzz. So welcome. Tony Donatell: Thank you. Good evening everyone. My name is Tony Donatell and with, together with my wife Rheata and my two sons are here and then business partner Rodrigo and Blaine. We’re all beyond excited to have the opportunity to bring in a new restaurant concept to the city. Like you said we have a couple other restaurants so we’re a growing restaurant group but very family oriented and community oriented. We’ll be at your community parades. We’ll support the festivals. Support the sports teams and we’re just excited for this opportunity so. Mayor Ryan: Wonderful. Tony Donatell: Thank you guys. Mayor Ryan: Yes would you like to share a little bit about the menu or you know a little bit more about your business would be great. Tony Donatell: We’re, our restaurant group is pretty well known for it’s smoked meats and so we’re going to take the smoked meats and we’re going to give it kind of a Mexican flare to it so can still get the brisket and the ribs and some of those entrees but also an opportunity to make it into some tacos. Like street style tacos and then big tequila list. Craft cocktails. Local beer. Chanhassen City Council – September 9, 2019 13 Mayor Ryan: Great. Tony Donatell: Yeah. Mayor Ryan: Making us hungry. And what is your timeline? I know there’s always a lot of variables but what is your goal for opening? Tony Donatell: We have a demolition permit already so if everything goes well tonight we’ll hopefully start construction this week still and hopefully with the plan to get construction done towards the end of November and open early December if everything goes according to plan. Mayor Ryan: Great. Fantastic. Well as I said when you were walking forward I know there’s been a lot of interest in the community. I think you may have even jumped on a Facebook page or somebody to clarify what the name was going to be so you know there’s definitely a lot of interest and excitement around this new restaurant in town so we look forward to working with you and having you be part of the community. Tony Donatell: Thank you. Thank you all. Mayor Ryan: So thank you. Go ahead. Todd Gerhardt: Mayor all you have to do is consider approval of the liquor license before you this evening and, or any questions that you may have of any of staff. Mayor Ryan: Council if there’s any questions or a motion. Councilman Campion: I will make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: Alright the City Council approves the request of an on-sale intoxicating liquor license with Sunday sales from Chanhassen Butcher LLC doing business as Tequila Butcher located at 590 West 79th Street. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: Second. Councilman Campion moved, Councilwoman Coleman seconded that the City Council approves the request of an on-sale intoxicating liquor license with Sunday sales from Chanhassen Butcher LLC doing business as Tequila Butcher located at 590 West 79th Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Chanhassen City Council – September 9, 2019 14 Mayor Ryan: That motion carries 4-0. Congratulations. Tony and Rheata Donatell: Thank you. Mayor Ryan: Well done boys. Great job. Todd Gerhardt: Good job. Couldn’t have done it without you. CONSENT AGENDA: 5. APPROVE QUOTE FOR STORMWATER IMPROVEMENTS IN CARVER BEACH NEIGHBORHOOD. Mayor Ryan: The next one is new business. The first one, let’s see here from the consent agenda that we moved forward is item number 5. And that is the approved quote for stormwater improvements in Carver Beach neighborhood. Mr. Wedel? Jason Wedel: Yep so Mayor, members of the council. So this item is for making some stormwater improvements in that neighborhood. This year in particular with all the rain we’ve had we had a number of residents call us out to look at problem areas. With the street reconstruction that was done in 2015 curb and gutter was added where curb and gutter didn’t exist in certain places and so the stormwater runoff has been, the flows have been concentrated and directed to specific spots that just aren’t handling the stormwater very well so we need to make some tweaks to that neighborhood to address those issues because there are properties that are being damaged but the stormwater flows over topping the streets and running through yards so this is one of those spots where we’re proposing to basically add a larger catch basin manhole on the street so that it can take in more of the stormwater runoff when we do have a large rainfall event and get it into the storm sewer system rather than having it run down the street and over topping the curb and running through people’s yards. So we got 3 quotes. The low quote was $23,967.50 from Minger Construction and if council approves that this evening that work could be done yet this fall. Mayor Ryan: Alright thank you Mr. Wedel. Councilman McDonald. Councilman McDonald: Yes the big question I had about this was, this is in the Carver Beach area. Will this have any impact, positive or negative for Lotus Lake? Jason Wedel: It really shouldn’t impact, well it actually probably would improve the water quality of Lotus Lake because right now we’ve got surface water running over the land causing erosion and sediment to wash down to some of the surrounding areas around Lotus Lake so this will actually get it into the stormwater system so it actually would improve the water quality. Chanhassen City Council – September 9, 2019 15 Councilman McDonald: Okay the reason I asked about that is one of the anecdotes I guess I had heard from all this, and I heard both positive and negative about water clarify in Lotus Lake, was that evidently the runoff this year has caused a problem with water clarity. I don’t know if that’s true or not but I just wanted to know if this is a project that again would hopefully begin to address some of those issues. Jason Wedel: It certainly will help with some of the erosion issues and we’ve had a couple of sloped areas that are running into some wetlands that directly feed Lotus Lake so this would have a positive impact. Councilman McDonald: Okay, thank you very much. Todd Gerhardt: Mayor, council. Mayor Ryan, Jason and I were both out at this site with several residents and you could see substantial silt running down the hill, across the road, over the curb onto individuals property and then you know the natural flow of that water is into Lotus Lake so to say that it’s going to make a significant impact on Lotus Lake, it would be hard to measure but it definitely is having an impact because the way the water flows. And as a part of the reconstruction of the streets in Carver Beach, as Jason mentioned, we directed more through a swale. That swale is carrying more water than what it originally carried and it overflows the curb that was built to where the flow was to go to so we need a larger manhole to catch that water and that will be an environmental manhole so some of the silt will settle out and then occasionally our vac truck will go out there and then clean out that manhole. Councilman McDonald: Okay well I think anything you do to try to improve the situation is an improvement and I thank you for addressing that issue that the neighbors have brought up and then the further environmental impacts on Lotus Lake so thank you for paying attention. Mayor Ryan: And I’ll second that comment. I know there were a lot of frustrated residents when we were standing out there about the overflow across the road onto their property and then ultimately their concern was going into the lake so I appreciate the quick action. Are they, have they been told about this project or are they familiar that it’s happening? Jason Wedel: I’ve not informed the residents yet of this work happening. I wanted to wait until it actually got approved. Mayor Ryan: Okay. Jason Wedel: So we can definitely give them an update tomorrow if council approves that this evening. Mayor Ryan: Okay, I just didn’t know where they were at with being familiar with this process so I appreciate that. Council any further questions, comments or motion? Chanhassen City Council – September 9, 2019 16 Councilman McDonald: Well Mayor if you’re ready I’ll propose a motion since I pulled it off. I would propose that the City Council approves the quote from Minger Construction in the amount of $23,907.50 for stormwater improvements in the Carver Beach neighborhood. Mayor Ryan: Say that number one more time Councilman McDonald. Councilman McDonald: Yeah, $23,907.50. Mayor Ryan: 67. Councilman McDonald: I’ve got 50. Oh $967.50. Mayor Ryan: I was like now we’re really off. Councilman McDonald: Yeah now we’re really off. I’ll say it one more time just to get it down. It’s $23,967.50. Mayor Ryan: Perfect. We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Ryan: We have a valid motion and a second. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the quote from Minger Construction in the amount of $23,967.50 for stormwater improvements in the Carver Beach neighborhood. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. Thank you. 8. ADOPT AMENDED ECONOMIC DEVELOPMENT COMMISSION BYLAWS. Mayor Ryan: Next is item from consent agenda number 8 and this is to adopt the amended Economic Development Commission Bylaws. Mr. Gerhardt do you want to? Todd Gerhardt: Yeah, staff did make some modifications to the bylaws. Those are highlighted in the staff report. Nothing significant. Staff is looking for any feedback that the council may have regarding those bylaws. Mayor Ryan: Councilman McDonald was there a question or just for a public vote on this? Councilman McDonald: I actually wanted a public vote. Chanhassen City Council – September 9, 2019 17 Mayor Ryan: Okay, perfect. Council any questions or motion? Councilman McDonald: And again since I pulled it off I’ll be glad to make the motion. I would propose that the City Council adopts the amended Economic Development Commission Bylaws. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Councilman McDonald moved, Councilman Campion seconded that the City Council adopts the amended Economic Development Commission Bylaws. All voted in favor, except Councilman McDonald who opposed, and the motion carried 3-1. Mayor Ryan: And I think we’re through the old business. Or new business. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilwoman Coleman moved, Councilman Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:15 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim