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1993 06 14CHANHASSEN CITY COUNCIL REGULAR HEETING JUNE 14, 1993 honor of Flag Day, the meeting was called to order at 7:30 p.m. with the Pledge of Allegiance around the flag in the upper parking lot area of City Hall, followed by the reading of a Proclamation Declaring National Flag Day by Mayor Chmiel. COUNCIL HEHBERS PflESENT: Mayor Chmtel, Councilman Wing, Councilwoman Dockendorf, Councilman Mason and Counc£1man Senn STAFF PRESENT: Don Ashworth, Roger Knutson, Todd Gerhardt, Charles Folch, Jo Ann 01sen, Kate Aanenson, Sharmin Al-Jarl, and Todd Hoffman APPROVAL OF AGENDA: Councilman Wing moved, Councilwoman Dockendorf seconded to approve the agenda as presented. Ali voted in favor and the motion carried. PUBLZC ANNOUNCEHENTS: None. CONSENT AGENDA: Councilman Senn moved, Councilman Mason seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Approve Additional Funds for Hazardous Materials Containment Equipment for the Chanhassen Fire Department-. d. Final Plat Approval, Vinewood Addition, Stuart Hoarn. e. Lake Susan Hills West 9th Addition, Located East of Powers Boulevard, Argus Development: 1) Final Plat Approval 2) Approve Development Contract for Site Grading i. Resolution ~1~3-49: Approve Change Order No. 1 to Lilac Lane, Project 91-4. j. Resolution ~3-50: Approve Change Order No. i to West 78th Street Detachment and Downtown improvement Project No. 92-3 for the Installation of a Temporary Traffic Signal on West 78th Street at Great Plains Boulevard. k. Approve Vending Agreement for Concessions at Lake Ann Park Ballfield Concession Building, Jack Jensen, Chanhassen Athletic Association. 1. Approve Findings of Fact and Decision Revoking Conditional Use Permit No. 88-11, Harry Llndbery. m. Southwest Mutual Ald Association Joint and Cooperative Agreements: 1) Resolution ~3-5~: Use of Flre Personnel and Equipment 2) Resolution ~-5Z: Use of Fire Education Display in the Form of a Small House on a Movable Trailer. n. Accept Donation from American Legion Post 580 for the Fire Department. City Council Meeting - 3une 14, 1993 o. Wetland Alteration Permit, Requested by the C/t? of Chanhassen to accommodate Improvements to Powers Boulevard. p. 1) Site Plan Review for a 16 x 19 Addition to the Existing Pump House No. 6 For U.S. West Communications Fiber Site, Located East of Chan View and West ??th Street and North of Highway 101, Clty of Chanhassen. 2) Approve Land Lease Agreement wlth U.S. West. q. Approval of Accounts. r. Board of Equalization and Review Minutes dated May 10, 1993 Clty Council Minutes dated May 10, 1993 Clty Council Minutes dated May 24, 1993 Park and Recreation Commission Minutes dated Apr11 27, 1993 Resolution ~r93-53: Approve Plans and Specifications for Trunk Utility Improvement in Section 9 and 10; Authorize Advertising for Bids, Project 92-5. voted in favor and the motion carried unanimously. (*These consent agenda items were pulled for staff clarification.) zB. WINDHILL RUN LOCATED ON THE EAST SIDE OF GALPIN BOULEVARD APPROXIHATELY ONE-HALF NILE NORTH OF HIGHWAY 5. THE ROTTLUND CONPANY: 1) FINAL PLAT APPROVAL. ~) APPROVE DEVELOPMENT CONTRACT FOR SITE GRADING. Charles Folch: Mr. Mayor, members of the Council. You should have before you tonight kind of a summary packet which includes kind of an outline of the corrections. Basically staff report corrections to these 1rems. I've also included the corrected pages with the highlighted changes in the attachment. Basically for ltem l(b), Windm111 Run. The changes involved in the development contract on page SP2, Sectlon 5. Delete the words, in Phase I. It does not apply to thls contract. The second change for that item ls on page GC? where it's a revision to the specifications on allowing building permits to be given and it's highlighted as such. And the third change for that ls again, development contract page GC?, delet£ng the words Lot 1, Block I and changing Lake Drlve West to Galpin Boulevard. Agaln, grammatical changes that were in error. Mayor Chmlel: Very good. Let me have an actlon on each one as we move through. Can I have an approval for item l(b). Councilman Senn: So moved. Councilman Mason: Second. Mayor Chmiel: It's been moved and seconded. Discussion. City Council Meeting - June 14, 1993 Councilman Wing: Please. Just a quick comment for planning. We're approving something that really isn't complete here in that we haven't seen the landscaping. And I'll trust staff is going to take care of this but on item l(b), final plat approval. This is the first housing development going in on CR 117 and I think that the berming, the landscaping, the trees, whatever's going to happen there should be done pretty thoroughly and as aggressively as we can. And we're not having an opportunity to see what type of landscaping this developer is going to present on CR 117. Whether it's going to be trees or lilac bushes or betas or whatever. So this development and subsequent developments, I'd Like to make sure that we 'see the landscape plans prior to us voting on the final plat. Because this is kind of being done, assuming that these are going to be done and again staff certainly will handle this well. I'm sure they have to this point but I just.want to mention the landscaping plan should be at the ultimate if you can. What's the word I want? Councilman Mason: Optimal? Councilman Wing: Optimum as possible and I want to make sure there's adequate landscaping along CR liT. Thank you. Mayor Chmiel: And that will be added as condition number 23? Councilman Wing: Well item number 20. The applicant shall submit an amended landscaping plan. I just want to make sure that the plan is optimum and just a comment that we're approving is not knowing what that final plan is. I'm not dissatisfied with that. Councilman Senn: I was assuming that would come back. Mayor Chmiel: Not unless you get your final plat. Okay. With that, you'll make sure that that is added to condition number 20. Councilman Wing: Staff intends to do that and I'm 'happy with the motion. Mayor Chmiel: Okay. Charles. Charles Folch: Mr. Mayor, if you would so allow, I'Believe the developer is here tonight and would just like to make a brief comment on this item tonight. . Todd Stutz: Mr. Mayor, members of the City Council. I~ Todd Stutz, Executive Vice President of the Rottlund Company. I concur With the terms and conditions of the development contract for this final plat with one exception. We would like some special consideration as it pertains to starting one home on the property. What our request is, that we would be given permission to obtain one building permit for the property prior to the final pZat being recorded for the purposes of constructing a model home for the fall Parade of Homes. Mayor Chmiel: Jo Ann or Kate, have we done this before? Kate Aanenson: Stone Creek. Mayor Chmiel: Before the final plat is being approved, or registered with the Council? City Council Meetlng - June 14, 1993 Councilman Mason: That's already in here. Councilman Senn: T thought that's what we did with the change. Charles Folch: Actually this request takes it a step further. They'd actually like to begin building before the plat is actually filed. Mayor Chmiel: Before the plat ls flled ulth the County. Prlor to ls what they're saying, hnd this is saying the Clty may issue one buildlng permit for a model home. They're asking that that procedure, and the questlon I have for staff, have ue done this before? Kate Aanenson: Yes. We dld it for Stone Creek and it was a lot of record and as long as he provided two acceptable drainfield sltes, we allowed them to do that. Hayor Chmiel: Alright. Does Council have any other thought on that? If you would so move that we would allow them to do this at that particular time. Can I have a motlon for that? Councilman Hason: I'll move approval of them to go ahead and build a model home. Hayor Chmlel: Okay. Is there a second? Councilwoman Oockendorf: Second. Councilman Mason moved, Councilwoman Oockendorf seconded to allow the developer for Windmill Run to construct a model home. All voted in favor and the motion carried. Councilman Senn moved, Councilman Mason seconded to approve the Final Plat and Development Contract for Site Grading as amended by staff and the previous motion for Windmill Run, Rottlund Company. All voted in favor and the motion carried unanimously. C. OAK PONDS/OAK HI~L, LOCATED BETWEEN POWERS AND KERBER BOULEVARDS, LOTUS REALTY: FINAL PLAT APPROVAL. APPROVE DEVELOPMENT CONTRACT AND CONSTRUCTION PLANS AND SPECIFICATIONS. Charles Folch: This item involves a development contract again, page SP3, Section 8, Subsection (e). Basically this section should be deleted as non- applicable to this development. Mayor Chmlel: Okay. While we're at 1(c)(2). We may as well address 1(o)(1) as well. Hark. Councilman Senn: I'm a little hesitant to go ahead and give these flnal approvals tonight. The last time this was before us, the applicant committed to us to and assured us that landscaping would be installed around the temporary trailer which we okayed. None of that has been done, at least as far as I can City Council Heeting - June 14, 1993 see so that's why I asked that this be pulled tonight. I'd like to either somehow be assured that that's going to happen or hold this item until it does happen. Here we are well into, halfway through June and ! can't see the weather or anything else really being a factor or reason why not. Hayor Chmiel: Okay. There were some other concerns too. Kate. Kate Aanenson: The neighbors did have some concerns that were brought to my attention and we have just been flnaling out those 6-buildings and not all conditions of the plat are going to apply. A lot of their concerns are the most northerly portion of the project. The rental units. Although we want to make sure that the landscaping plan is reflected for the whole site. Some of the concerns that they have specifically lnvolve lighting and the 11ke and those will be, we're carrying those forward when we do that section of the plat. But I passed out to you three conditions that we would, we think would make sense to add to this plat and those being that increasing of the landscaping. There was a commitment to do some of the landscaping on the most northerly edge to allow some maturity before that phase gets developed and so, in addition some more screening. When the building was pulled out and those were pulled forward. There was a concern that looks like the landscaping was less but what really did happen is pulllng that forward, some of the parking lot landscaping was eliminated. Basically the fact that there's less parking and the like. So what the residents have asked is some of that parking, that planting that was In the parking area be placed behind the butldlng so we've changed that. Instead of the 10 Austrlan plnes be placed later to allow the residents to specifically set those in a point where they would block or provide the best screening. And we changed that to 6 Austrlan plnes. In addition to 4 deciduous trees be placed between the 8 and 12 unit buildings. They feel that that would provide the best buffering. And then the second condition as I mentioned. To provlde 50~ of the landscaping north of those buildings in Phase 1 and 2. Be placed now to allow them to grow until they get to that phase. And then the thlrd one would be in this same area too. That snow fencing be placed around trees 4 inches in caliper at 4 feet in height. Again, we've identifed in our condition, we put all oak trees had to be identified and a snow fence around those. And they're concerned that anything of that size, 6 foot or greater, be saved because that's their buffer. And again we're talking about the top of the hill down towards their homes. And agaln we think that that-makes sense. And we've referenced that back to the landscaping plan that you have in your packet which is dated April 7th. Councilman Senn: Just a clarification. We were talking about 167 Kate Aanenson: Correct. Yeah. The notes in the plan say 10. We want that changed to 16. Councilman Wing: I just have a comment at the end of this process I'd like to make. Are the neighbors satisfied? Does this meet their? Mike Henke: I'd like to give you each. My name is Hike Henke. I'm representing some of the residents on Canyon Curve area. I'd like to Just give you each a copy of some of the concerns that we have...highlight some of the concerns and comments you had...consider those before you... City Council Meeting ~ June 14, 1993 Mayor Chmiel: Thank you. I don't think I, their concerns are basically that they shouldn't all be done. One of the other things too is they brought up the fact that in the December landscaping plan, they had roughly about 476 species of trees. On the current one there is 471. And I had a call from the developer who indicated too the fact that they did remove an 8 plex out of there so they took out the numbers of trees. Is that correct Kate? Kate Aanenson: Yeah. Plus as I mentioned before, when we pulled the buildings forward, there was trees in the parking area that were eliminated ...approximately 6 right there. Mayor Chmiel: Okay. So those additional 6 would be what you've indicated. And I know that we looked at the size and numbers of trees too. I think at the time it was indicated that there would be 12 to 14 foot pines planted. According to the current landscape plan, those are going to be 8 feet. Is there any reasoning for that? Kate Aanenson: I'll let the developer speak to that but I think... Hayor ChmieZ: Okay. Is the developer here? Brad Johnson: I just left a baseball practice so excuse me. Mr. Mayor. We have been, during the day we've been trying to answer some of the questions that have come up relative to the landscaping. I believe the only issue that is left to be satisfied as part of our development agreement is the landscaping plan has to be approved by the Council and I think we left that one in the air at the last meeting. We have presented a landscaping plan to staff. Up until today we thought it had met the needs. I had a chance to review some of the things that we had said that ue would do. One of the things you should remember is that part of our solution at the last meeting in the last second is that we gave up a full building of 8 units to try and solve this problem. In other words, ue moved everything forward and farther away giving up 8 units. That cost us a considerable amount of money and also throws the numbers off because that 8 units represents approximately 10~ of the total project. Therefore, 10~ of the trees because we were screening that particular building. In addition to that, as Kate said, the trees had moved up. Now, since that time we had gotten some comments from the neighbors which ue have agreed to. I think Kate read the list. We will add 16 trees. We will do certain things and we're more than willing to do those types of things. That's kind of where we are. Now, from a landscaping point of view, I've asked Kate Halla to come up here and go over why we're doing what ue do, if that's necessary. And then number 2, relative to your question Mark, you are correct. We had agreed to landscape that. I think the weather has been a little wet and has caused some problems over in that area. But as part of your conditions of approval of this, the Mayor does end up signing the plat and we are willing to live with, before we can file the plat the fact that those trees are in place. And ue understand through the Halla organization they can be in there within a week to a week and a half. So I think ue can solve that particular problem. As I said, the delay has been due to the weather. Kate, Kay, do you want to go over the rationale now? Kay Halla: H1, I'm Kay Halla and I can discuss why the trees. We had discussed possibly moving 14 foot or taller trees in at one point and I believe that the discussion was that to get trees of that size you would need a tree spade and in City Council Meeting - June 14, 1993 fact that is true and I checked with not only people in my company but in some companies that do a lot of commercial work and asked what was the largest evergreen you can move that would be bailed and burlapped so a machine would not be needed down a slope, which might be impossible, and the answer was 8 feet and that's why it's kind of stuck at 8 feet because without a machine you can't go much higher because the trees would not survive. So that's where we are with that size. Mayor Chmiel: Okay. Is there any questions? I was just reading some of the things from the meeting that was held on June i4th. Or excuse me, the meeting that was held on December 14th. and in there Brad, you made the statement that Kay Halla says that they have access to 12 and 14 foot pines and within reason we're willing to try to do that. I think we're wtlltng to come sort of force back there if we can figure out what is necessary. And now we're talking. Brad Johnson: Remember that's prior to us removing a whole building. We were trying to shield a building that's no longer there. Mayor Chmiel: I thought that was part of the conditions to move some of that as well, plus the screening that was going to be done. Because from indications that I mentioned at that time that I wanted to see, landscaping. Three things I wanted to see there was landscaping, landscaping, landscaping. And making sure that there was the proper amount of screening to that residential neighborhood. Brad Johnson: I think if you read the Minutes of.that meeting, the solution to those problems was the removal of the building. The whole discussion up until the last page of that issue dealt with the fact of how close that one buildlng is so we removed the building. That's one thing. The second thing is that as part of the conditions we were supposed to increase the landscaping on the northeast corner of the property. I guess where we got caught is that because we took out a building, theoretically if you have less trees that are needed because the building ts not there so we left approximately the same number of trees and moved it in that area. Ithtnk what we're trylng to address in thls other thing that Kate presented to you was additional solution. I mean we're not opposed to adding additional landscaping over in that corner and so at the present ttme we're up.to adding 6 more trees that were not there.before and we have fewer buildings. And I feel it's sort of unfair for us not to be given credit at all from the screening process. The fact that we removed a total building. I mean that was the reason for doing that. That was all part of that discussion. Now I think it's, we thought the staff was comfortable with our plan. The neighbors apparently felt that we should add some more trees. We've agreed to do that. I mean we talked about that earlier. But the main issue here ls the fact that we removed a whole tree, or a whole bullding and that was I bet a third of that discussion that day was can we screen the building and so we agreed at the end to remove lt. That was the 1dem. So I think we should always be given credit for doing that. Yes we'll add some additional trees. ~nd at the present time we felt additional 6 evergreens would help. Plus 4 conifers. Kate, do you feel that we can help anymore? I mean we're willing to do some thlngs in that area. What else can we do? Kay. Kay Halla: I think part of the discussion, as I remember, we were discussing a lot of evergreens in December too and then the decision was made that no, they City Council Meeting - June 14, 1993 needed a mix. At first they wanted a lot of evergreens but then they felt that the deciduous and evergreen mix would be better and I feel that with the pines that would be placed after construction, I think we can do a real good job placing those with the help of the neighbors too so it's after construction in strategic locations. I think that will do well and pines do grow. specifically chose pines versus spruce because pines do grow almost twice as fast. Mayor Chmiel: You're right. Thanks. Any other discussion? Now from my undersatnding, there'd be items 1, 2, and 3 that would be added to this in maklng sure that that would take place. Whlch is a memorandum that Kate and Dave Hemps1 has dated June 14th, written to Don Ashworth regarding the Oak Ponds flnal plat, additional conditions. And in additlon to that, your questlon mark to having these trees planted on site at the trailer and that would be prior to thelr submitting for platting to the County. And that I can hold because that has to be signed and until they're. Councilman Wing: What'd we ask for? A little white fence and a few potted plants? We didn't ask that the trailer be landscaped other than to just be aesthetically pleasing. Kate Aanenson: It has to be skirted. Councilman Senn: We wanted something other than a trailer just sitting there. Councilman Mason: ...we talked about planting trees there. Councilman Senn: No. It was really just some potted stuff. Councilwoman Oockendorf: That could be moved afterwards. Councilman Senn: Yeah, that could be moved afterwards or whatever. I mean it was just really just a matter of breaklng the edge off of the... Councilman Mason: Yeah, it seems to me if they can get the trailer in there, they ought to be able to get the skirt and a couple of planted plants in there. And I know they had trouble gettlng the traller in but lt's in there now. Councilman Mason: Yeah, geraniums aren't real hard to transport I don't think. Councilman Wing: I would agree. I drove by there. Councilman Mason: I guess I'd like to ask Council if they think this is enough trees. Mayor Chmiel: Well that's something I would. Councilman Senn: You look at their coverage. I don't know, you know the coverage is definitely there as far as the screening goes. I mean there's a point it becomes counter productive because what you put there is going to start kllllng what else you put there. Especially if you start gettlng into a mix of deciduous and corliferous trees. City Council Meeting - June 14, 1993 Kate Aanenson: I think what you have to look at too, I think Mark, this is what the staff felt, is we were trying to' stay off the slope and to the bottom. We were trying to keep everything, so really if you look at the massing, it really is a lot of it on high. I think there might be some areas that some different ground cover but. Councilman Senn: It's pretty intense I mean from what. Kate Aanenson: And they've got the boulevard streetscape along Powers too. Mayor Chmiel: Okay. If you feel comfortable with it, I'd like to get a motion to approve this wlth the additional 3 conditions plus having things done to the traller slte prlor to signing of the final plat. Councilman Wing: I've got one silly, non related comment I'd like to make. Perhaps lt'd be appropriate after the motion, if you'd allow me just a moment. Mayor Chmiel: Sure. Councilman Wing: Then I won't try and sneak it in. I'll so move approval. Now wait a minute. I lost track of what we're doing here. Did anybody take notes? [ would move approval of items 1(c)(1) and (2) with the additional 3. Yeah, Z had the 3. What was the 4th one? Oh, amend the trailer. So the additional 3 1toms as on the sheet from Kate. And then the 4th 1tom would be that this not go until that trailer is landscaped to a reasonable aesthetic level, whatever that mlght be. Councilman Senn: I second that. Councilman gtng moved, Councilman Senn seconded to approve the Final Plat and Development Contract and Construction Plans and Specifications for Oak Ponds/Oak Hill, Lotus Realty with the 3 additional conditions as outlined in the memorandum from Kate Aanenson and Dave He~pe! to Don ~shworth dated 3une 14, 1993. ~nd with the condition that the final plat will not be signed until the landscaping is completed at the teeporary sales trailer located on the ~tte. ~ll voted in favor and the motion carried unanimously. Councilman Wing: Could I just address one item on this? Mayor Chmiel: Sure, go ahead. I think ~hat this is, my comments are directed towards the Housing and Redevelopment Authority. I wanted to be on record tonight with my oplnion on this because I want to carry forward to them accordingly. I think that the HRA has to set priorities for it's remaining TIF dollars. It's going to run out and-we've got some enormous projects coming up and the dollars aren't just unlimited anymore so I think they have to set priorities for those dollars and then stop with those priorities. As the Council has discussed subsidizing low income housing or subsidized housing needs, perhaps as mandated by the fact that the-Ctty should be doing that. I don't think that this particular development necessarily meets those standards for either low income houstng or subsidized houslng so to see the HRA come through and provide tax increment dollars for this bothers me primarily because lt's hlgh denslty houslng that brlngs ina lot of people. Brlngs ina lot of traffic and I see brings in a lot of service demands on.the city. And if we're City Council Heeting -. June 14, 1993 going to, I don't want to sit here on the Council and encourage high density housing projects unless they can be supported by the private sector, number one. And number two, the market is in fact driving this. So to have to have tax increment dollars to make something like this go, I think is an inappropriate use of money and I just want to be on record accordingly. Thank you. G. APPROVE DEVELOPMENT CONTRACT FOR ~ITE GRADINg, CHANHASSEN BUSINESS CENTER, PHASE I, PROJECT 93-1. Charles Folch: Item l(g) deals with the development contract for the site grading for the Chanhassen Business Center. Page SP4, Section 8(f). Change Phase I to Phase II. Phase II is the correct. Hayor Chmiel: With those changes, can I have a motion to approve item l(g). Councilwoman Dockendorf: So moved. Councilman Wing: Second. Councilwoman Dockendorf moved, Councilman Wing seconded to approve the Development Contract for Site Grading of the Chanhassen Business Center, Phase I, Project 92-1 amended on page SP4, Section 8(f), changing Phase I to Phase II. All voted in favor and the motion carried unanimously. APPROVE DEVELOPMENT CONTRACT AND CONSTRUCTION PLANS AND SPECIFICATIONS FOR DEER RIDGE, PROJECT 92-18. Councilman Senn: Really I just want to get an update of where we are with the annexation effort in connection with this project. Don Ashworth: I'm glad you asked. I received by fax today from the City Attorney's office a notice from the Municipal Board, State of Minnesota, in the matter of detachment of certaln land, Flndings of Fact, Conclusions of Law. And the basic line ls, ls that the Municipal Board has approved the annexation/ deannexatlon. It has been duly filed and it ls official. If there's one battle left it is to lnsure that HUD continues to rule in our favor. Meaning by having one home in Hennepln County, we do quallfy for those dollars. They set the rules. We live by the rules. We hope that they don't change the rules. That's the one hurdle that potentially ls there. Maybe the Mayor might ulsh to speak about some of the additional letters that have been sent in, etc. Mayor Chmiel: Yeah, we've sent several letters to our Representative in Congress as well to approve thLs. Showing the processes that we've gone through and worklng wlth the Clty of Shorewood and trylng to eliminate all glven problems that could come forth but as Don mentLoned, sometime this could come up agaln and someone sort of shoot a hole in our saddle but only HUD could do that themselves. Hennepin County ls Ln full agreement with everything we've gone through the process. They say we qualify and I'm sure they're going to substantLate that from Hennepln County. Councilman Senn: This is really I guess kind of indirectly related to this but we did klnd of dlrectly relate it to it in our last action. Kind of wanting to 10 City Council Meeting - June 14, 1993 make sure that was resolved before we went ahead with this project. For whatever it's worth, if it's done at the state, that's great. I did hear from the homeowner of the property involved and they have yet to sign a consent and they also made it real clear that they really wanted to do what they could to cooperate and go along with it because they wanted, they understood what we were trying to do and wanted in effect to see us do that. At the same time though, they were a little upset over the fact that all these meetings and hearings were taking place and they were never even informed of one, including the State hearings so maybe in the future there's got to be some way we can plug or better do that process. At this point it sounds like we may have a new citizen but we may have a new upset citizen rather than a new happy citizen. We've got to think of possibly a better way of handling that. Again, now these are not directly related so I don't think that needs to effect the action tonight but I think that does something that deserves some follow thru. Don Ashworth: I mentioned to the Mayor today the fact that I had to confess, I received some correspondence from Mr. and Mrs. Cox. I had not had a chance to get back to them because they had asked, most of it was asking that we work something out with the County which Hennepin County gets into a more technical area. Don made a good suggestion. Why don't you just give them a call. We did meet with them though £n terms of trying to tell them when dates would-occur as far as meetings like with the Shorewood City Council. ! didn't know, and ! don't know that anybody really does, on the Municipal Board. Do they publish that? Did you know that they were acting? The third thing I did notify. Roger Knutson: To answer your question, I don't know whether they publish their agenda or not. Once the two communities agree, that's all there is to it essentially as I said 2 weeks ago when we had this item. So they just routinely put it on. Mayor Chmiel: I was rather surprised just to hear tonight that they've already gone through the process because I didn't think it was that quick. Roger Knutson: Well they told me, if I got the stuff to them by June 2nd, they could have it approved by 3uno 4th. Councilman Senn: Yeah, then I think we should have let the homeowner know that I guess is ali I'm saying because they found out either by reading the newspaper or by calling the State and findlng out an action had already been taken, so that's what they're kind of upset about. Yeah, no reason to make a major issue of it but I thlnk in the future we ought to try to do something. Mayor Chmiel: Okay, do you want to move approval? Councilman Senn: Yep, I'll move approval. Councilman Mason: Second. Councilman Senn moved, Councilman Hason seconded to approve the Development Contract and Construction Plans and Specifications for Deer Ridge, Project 92-18. ~11 voted in favor and the motion carried unanimously. 11 City Council Meeting w June 14, 1993 T. APPROVE CHANGE ORDER NO. 3 TO UPPER BLUFF CREEK SANITARY SEWER AND WATERMAIN IMPROVEMENT PROJECT 91-17A. Charles Folch: And finally item i(t) here involves a change order for Upper Bluff Creek, Phase I. In the staff report, page 2, the final recommendation sentence. The amount had a typo in it. It should be $74,816.00 and not $?S,000.00. Just a typo there that needs correction. Hayor Chmiel: Thank you. With that change, can I have a motion? Councilman Hason: So moved. Councilwoman Dockendorf: Second. Resolution )93-54: Councilman Mason moved, Councilwoman Oockendorf seconded to approve Change Order No. 3 to Upper Bluff Creek Sanitary Sewer and Watermain Improvement Project 91-17A amended to change the amount in the staff report from $75,816.00 to $74,816.00. All voted in favor and the motion carried unanimously. U. CHANHASSEN HAVEN PLAZA 3RD AND 4TH ADDITIONS. Councilman Senn: Sharmin, what exactly are we accomplishing by doing this? Sharmin Al-Jarl: Okay, we originally had agreements. The landscaping agreement that we had before was not as detailed as the new one that we have. Councilman Senn: The landscaping? Sharmin Al-Jarl: The easement agreement that we have. So what we're doing is we're declaring the first one null and void and adopting the new one. Councilman Senn: Okay, but we aren't changing any of the. Sharmin Al-Jarl: Except for the details. Councilman Senn: Except for the detail on the landscaping period? Sharmin Al-Jarl: On the landscaping. Councilman Senn: So there's really no change in roadway or roadway configuration or anything? Sharmin Al-Jarl: No. But the roadway originally, the roadway was an outlot and now we're saying, let's replat it as part of, okay. This is the roadway. Originally it was an outlot and it was an outlot when Emission Control Station was built. Now when Abra and Goodyear have come in, our engineering department looked at this proposed...and said wait a second. This remains as an outlot and Lot 3 develops, there's just a very good chance that the outlot...platted as part of Lot 3. And when we do that, all they would have to do is provide a trunk access easement to those other parcels. So that's all there is to it. Roger. i2 City Council Meeting - June 14, 1993 Roger Knutson: See if I can do it in three sentences. Plat 1, they had a private driveway and Plot 2 came in, they wanted it to go public. You already approved a public. What you're doing here tonight is getting rid of that private driveway easement. Scraping it to reflect what you've a'lready approved. This is really a housekeeping issue. Councilman Senn: So it will be public? Roger Knutson: Yeah. This won't create, make it public. You've already done that. You approved the plat, was it 2 weeks ago? ~henever it was. ~ month ago. · Mayor Chmiel: Longer, yeah. Councilman Senn: But ! thought this was ending up being a private driveway.. I mean I thought we had nothing to do with this. Roger Knutson: It's private? Sharmin A1-Jaff: Yes. Roger Knutson: Okay, I misspoke. Okay. I got it other ~ay around. Councilman Senn: Okay, turning it back to a private driveway will not, okay you're making it part of Lot 3 correct? Sharmin ~l-Jaff: Right. Councilman Senn: Okay now, is that going to turn around and allow more to be put on Lot 3 than you can now put on Lot 37 Sharmin Al-Jarl: No. Not at a11. The only thing that it will do is it won't allow that piece to go tax forfeit. That's the only thing it will accomplish. Someone will be responsible for it and it's going to be Lot 3. Councilman Senn: Lot 3 will be responsible for it? Sharmin Al-Jarl: Correct. Which ls the future parcel that w111 be developed south of Goodyear and Abra. Councilman Senn: I think I get it. I'd just as soon have somebody else move on this one because I'd like being consistent. Mayor Chmlel: Can I have a motlon? Councilman Mason: I'll move approval on item l(u). Mayor Chmiel: Is there a second? Councilwoman Oockendorf: Second. Councilman Hason moved, Councilwoman Oockendorf seconded the following actions for Chanhassen Haven 3rd and 4th ~dditions: Declaring null and void a 13 City Council Meeting - June 14, 1993 previously recorded declaration of roadway and landscaping easements, and adopting a nee declaration of roadway, utility and landscaping easement. All voted in favor, except Councilman Senn who opposed and the motion carried with a 4 to 1 vote. Hayor Chmiel: And I think we know your reasoning. Councilman Senn: Yep. VISITOR PRESENTATIONS: None. PUBLIC HEARING: VACATION OF A PORTION OF WEST 78TH STREET, PROJECT 92-3.. PubIic Present: Name Address Charlie James 6640 Shady Oak Road, Charles Folch: Mr. Mayor, members of the Council. Basically we're, another housekeeping item. The original alignment that's shown for the West ?8th Street detachment project, which was acquired a few years ago through the platting process, with the revision to the alignment. That finally uent through here uith the project. There's some excess right-of-way which we do not need and we've indicated the area as such on the diagram. Basically in order to vacate that right-of-way we need to go through this formal hearing process. Mayor Chmiel: As I mentioned, this is a public hearing. Is there anyone wishlng to address thls particular issue at thls tlme? If seelng none, I'd ask for a motion to close the public hearing. Councilman Mason moved, Councilwoman Dockendorf seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Mayor Chmiel: Any discussion? Ouestions. Councilman Senn: For the sake of discussion, it seems to me that we shouldn't be taking this action at this time. I understand that we have a piece of ground which was dedicated to us and nou we're determining we don't need to use it all. At the same time, all the abutting property is tied up in a condemnation, if you want to call it a dispute or uhatever. It would appear to me that it'd maybe be not the best idea to simply to turn around and give back part of the property at this point given ongoing negotiation. And you know, in effect payments have already gone out on part of that etc., but I know there's stuff still going on. I'd much rather see this item kind of held and worked into an overall solution rather than just bring it back to this point. See hou everybody else feels. Mayor Chmiel: Yeah, I guess I don't really know. Charles, give me a little more lnslght to thls. Councilman Wing: Yeah, what's the rush? 14 City Council Heeting - June 14, 1993 Mayor Chmiel: If it's housekeeping basically, what's the, do we have to do this now or can we do this at a later time or ls it better to do it now? Don Ashworth: If I may. I don't know if Mr. 3ames is present this evening or not, but the shaded area represents the area that we had originally anticipated for West 78th Street. Councilman Senn: I understand. Don Ashworth: It was through the request of Target that the roadway was moved to the south and we ended up taking part of Mr. James' property which he much would have preferred maintaining this corner lot in it's entirety. When we made this reduction in size, and again recognizing that he had originally dedicated, donated, that to the city, it slmply made sense to us that that should be vacated or returned to him since we were the ones that made the decision in regards to the street. I hear what you're saying in terms of we still are trying to determine the value for this piece. Well, it's this piece here minus that part of the right-of-way that we already have. So lt's this smaller portlon of property. Those two issues should be kept separated in my own mind. ! mean we made the decislon that we were golng to take thls parcel. And he should have the right to present into a court setting what he thinks is the value of that plece. I don't thlnk that tt's rlght that we should use what it is that he has dedicated to us as a tool to potentially resolve or get a better deal or however you mlght word lt. The acquisition of thls piece of property from him. Roger. Councilman Senn: No, Don let me just, on that. I mean we own the dedicated property do we not? Don Ashworth: He dedicated it to the..., yes. Councilman Senn: Okay. In the process of that dedication, that dedication was done through negotiation and both sides got something out of that negotiation as it related to the dedication. Okay? So there was a value to that property through the dedication. Okay now, at the same time, I agree. There is a value to the property we're condemning, taking to the south of it. Okay. I don't agree that you can just kind of separate both issues. I think it needs to be part of the same negotiation, or at least left open until the negotiation on the other one is complete. Don Ashworth: I agree with you in that there probably was, I don't know if there was a negotiation but if I sat in his position and heard the City come before him and say, we need to move this street up so we can get adequate stacking distance. We'd like your cooperation in dedicating this roadway so we can do that. The first thing ! would look at to see is, they've created, meaning the city, two corner lots for me. One on the north side of 78th and one of the south side. His motivation for working with us to create that new street would have been high. The new proposal by Target was devastating to him because he had gone through everything in the property for the new road believing he would have a new lot. Now only to find that the roadway is moved. We're going to continue to keep one half of this roadway that he had dedicated anticipating a lot on either side of the roadway and now we're going to condemn him out of the smaller piece that's left on the south side. All of these original 15 City Council Heeting -June 14, 1993 motivations were, I would say, shattered by the city's desire to see this roadway move to the south and leave him with an unbuildable lot on this south side. Councilman Senn: I understand that but at the same tlme, from readlng everything on this, that's also why we're being asked to compensate him for those damages. Okay. Now, how you car) separate that from the issue north of there is beyond me because that turns around and lends value to the property to Lhe north. Zt glves you a better lot depth, in terms of the property to the north and makes that easier to develop so I don't see how you can just kind of take these and separate them. T really don't. Mayor Chmiel: Well, let me just add something in here. The kinds of negotiations that we've done with Mr. James over the years, he often tlmes has felt 11ke he was the stuckee from the City and I think the cooperation that we've recelved from him on some of this, I just thlnk it would show just good faith on the city's standpoint to proceed with this kind of action tonlght. Rlchard. Councilman Wing: Well I'm glad that Mark's bringing these issues up because ~l~ey're significant and I think if it was anybody but Charlie James, I might say I Lhink you have a valld polnt and I thlnk we ought to at least hold on to this for a while. I agree with the Mayor. I thlnk he's come and gone and cooperated and done hls part. I thlnk he deserves...and then keep thls other issue separate. I think at least Mike and myself and the of us have worked with him for 2 years now 1~ my tern and enough's enough. I don't wlsh to...agaln, my mind's cluttered. I thank you Mark for bringing that up. In this case I agree wlth the Mayor. I t hlnk lt's not worthy pursuing. Mayor Chmiel: Roger. Roger Knutson: Mr. James, I'll back it up. He's been great to work with and he's been very cooperative. But that's not why we requested this be put on here tonight. We thlnk lt's in the clty's best lnterest and...offlce, we requested this be put on tonZght is more than anythlng...condemnation. I just as soon not dlscuss that but if you want a letter on that. Councilman Wing: I'm happy where this is at and I'm going to take staff's word for it and I'll move approval. Or excuse me, ls the public hearing open? Mayor Chmiel: No, it's closed. Councilman Wing: Then I'm going to move approval of this vacation, West ?8th Street, Project 92-3. Councilwoman Dockendorf: Second. Mayor Chmiel: It's been moved and seconded. Any other discussion? Councilman Mason: I'd just like to concur with what Councilman Wing maid. I'm glad that Councilman Senn brought this up too but I do think knowing the history behlnd lt, it sounds good. 16 City Council Meeting - 3une 14, 1993 Resolution ~93-55: Councilman Wtng moved, Counctl~oean Dockendorf seconded to approve Uacation Request No. 92-3-6 for that portion of West 78th Street right-of-May as depicted on the attachment· whtch ~as previously acquired thr.ough the platting of the Charlte 3aces property. Al! voted tn favor, except Councilman Senn who opposed, and the action carried with a vote of 4 to 1. PUBLIC HEARING: UPPER BLUFF CREEK TRUNK UTILITY ~tfl)ROVEt~TS. PHASE II, PRq)3ECT 91-17Bi AUTHORIZE PREPARATION OF PLANS A)~) ~CIFICATI(~S, Mayor Chmiel opened the public hearing. Public present: Name Address Roger & Gayleen Schmidt Hichele Foster Bret Davidson Henry Wrase 8301 Galpin Blvd. Opus Corp, P.O. Box 150, Edina 55440 7291 Galp£n Blvd. 8175 Hazeltine Blvd. Charles Folch: Hr. Mayor, members of the Council.' This is the stage two project of a very large, overall trunk utility improvement project for the Upper Bluff Creek service area. This project was petitioned by three landowners/ developers. Carlson, O'Shaughnessy, Gateway West/Opus who either own or have secured development rights for these properties amassing nearly 300 acres worth of land. About a month ago the Council received this formal feasibility study and last Tuesday staff and the project engineer held a neighborhood meeting with the affected property owners and we had a pretty decent turnout.. Had some good discussion on the project. The next step tonight is of course to conduct the public hearing. We have our project engineer, Phil Gravel of Bonestroo here tonight to provide you with information on the defined work scope for the project, the estimated cost and proposed method of financing. With that I'll turn it over to Phil. Phil Gravel: Thank you Charles. As Charles mentioned we dld have a neighborhood meeting last week and I think it went very well. It was fairly well attended and we were able to answer a lot of questions that some of the smaller property owners had on this development. The three things...on thls property are Opus, wlth thelr property...Pemtom Land Company has...The project that Charles · mentioned is a continuation of the Bluff Creek Project, Phase II. This would be considered Phase II of the project. The project consists of saniIary sewer and watermain improvements. The sanitary sewer will be improved by constructing a lift station down near where the existing Chanhassen cemeteryliS and from that lift station there will be a forcemain which will pump the effluent from the 11ft statlon up to an exlsting sanltary sewer in the Hans. Hagen development that was just installed this year. From the 11ft station we'll run out gravtty sewer in through the Pemtom land and the Opus land and also stub out for the Trotters Ridge area. There was also some discussion as to whether or not to service the future elementary school site through thls lift statlon and it's been decided to wait and service that through a future, the Phase III gravtty sewer that goes up further up the Bluff Creek area. The watermaln on the project ls quite a bit more extensive. Again what we're trying to establish here is some looping and thls is all part of the master water plan. What the watermain will do.will be 17 City Council Heeting - June 14, 1993 to connect CFi where Phase Z left off near the Hans Hagen development entrance. And in fact, some of this has been installed vla a change order uhlch you approved earlier this evening. From that point the watermaln wlll extend north along Galpin Blvd. Continue north along Highway 5 and connect onto a watermain extension that wlll be installed as part of project 92-5. Another significant water portion of thls project would be extending water westward through the Pemtom land and the Opus land. An exact alignment for thls extension wlll be, dependent upon the developer's final plans to their property. We've shown Opus' latest plan here and another thlng that could posslbly be revlsed based on thelr final layout would be not to extend the watermaln as far south as 82nd and just get over to TH 41 via thls collector street here. Another big 1rem associated with thls is the water tower which we've discussed in the past, and Mr. Wrase's here tonight who's klnd of affected by thls. The cost for the project were listed in the report. Tile sanltary sewer estimate is $500,800.00. The uateFmain estimate ls $95?,000.00 and a total cost ls $1,457,800.00. Assessment wise we're proposing to do what we've done similarly on the last few projects and that ls to only assess the smaller properties one assessment unlt at thls time and they would be assessed the remainder of their assessment at such time as they develop. Under that scenarlo there's st111 a posltlve revenue from thls project of about $572,000.00 and the positive revenue generated is to be put towards future water towers and wells and a portion of the sanitary sewer already installed that services this area. I can just show what the assessment area for thls phase of the project is. As Z showed before, the majorlty of this is the three big land developers with a number of smaller parcels involved that would be assessed that one unit. Wlth that I can open it up to any questions. Mayor Chmiel: Okay, thank you. This is a public hearing, as I mentioned. Is there anyone wishing to address this issue at this time? Yes sir. Would you like to come forward and please state your name and your address for the record. Roger Schmidt: My name is Roger Schmidt. I live at 8301 Galpin Blvd. One of those four properties there. And I guess someplace along the line Z klnd of mlssed out on including those properties in the assessment. When thlngs are, Z don't know if it was, I don't think it was Phase I but when we were talking about MUSA line and so forth about a year ago, I remember comlng up here and when I left ~ was under the impression that those four properties would be left out as well as Tlmberwood on thls assessment. So someplace lnbetween then and now, they're in there and ~ wasn't aware of it. And of course I'd just as soon not have those properties lncluded at thls tlme. As far as my own personal needs too, I've talked to Phil at the neighborhood meeting. I have some plantings along the road there that Phll says he's going to try and work with me on in handling those as the sewer goes in. But my main concern is those four properties. Z just was not aware that there was going to be an assessment. Z would prefer that they not be assessed at this tlme and then they be assessed when we have to hook up. Thank you. Hayor Chmiel: Thank you. Charles. Can you address that part of it? Charles Folch: As ~ understand lt, and a lot of thls the MUSA expansion work went on prior to my tenure here. But as ~ understand it with that, the MUSA 11ne change, there were a couple of areas such as the Tlmberwood, the Sun Rldge Court and there's another area off of Lake Lucy Road that were large lot residential subdivisions that occurred durlng the mid to late 80's. Before the 18 City Council Meeting - 3une 14, 1993 MUSA expansion people spent significant dollars putting in new septic, state of the art septlc systems and wells and alternate sites accordingly and that was a commitment I guess made at that time as a part of the Comp Plan amendment was to leave these 3 subdivisions as rural residential, large lot subdivisions. And the other properties outside of that, south of Tlmberwood were not a part of that. Phil Gravel: I can address some of that too Mr. Mayor. The four properties that Mr. Schmidt talked about were not addressed in the Phase I report and as you recall in the Phase I report, we were only assessing the area south of the railroad tracks. When it came time to write the Phase II portion of the report, we met wlth staff and deflned the assessment area for Phase II and at that time we included those four parcels. Another issue Mr. $chmidt brought up was his trees. In the next couple weeks Charles and I are golng to meet with the County Engineer and discuss the plans for redoing the Galpin Blvd. and widening that road and see what effect that will have on the adjacent property owners and we'd like to coordinate our utility construction with their plans for redoing that road. Mayor Chmlel: Is there anyone else wishing to address this issue? This is a public hearing as I mentioned before. Anyone else? Okay, seeing none, I'd like a motion to close the public hearing. Councilman Wing moved. Councilman Nason seconded to close the public hearing. ~11 voted in favor and the motion carrted. The publlc hearing ~as closed. Mayor Chmiel: Okay, Richard. Councilman Wing: I guess not. Mayor Chmiel: Okay, Colleen. Councilwoman Dockendorf: Mr. Schmidt, what's the age of your well and septlc? Roger Schmidt: It's probably...it's an oversized... Councilwoman Dockendorf: And your neighbors were constructed ina slmllar timeframe? Roger Schmidt's comments could not be heard on the tape. Councilwoman Oockendorf: So what's the average life of a normal septic system...? Phll Gravel: As Mr. Schmidt said, if they're not overly taxed, they can last quite a b£t longer than. They can last tn the 30 year range. Councilwoman Dockendorf: What's the capacity of both sYstems...taking into consideration what's been proposed with Opus and the other residential development. Would it have enough capactty so that at a future point... Timberwood? City Council Meeting - June 14, 1993 Pl~il Gravel: The particular project that we're talking about tonight doesn't have enough capacity to serve fimberwood, Phase I did have marginally enough capacity to include Timberuood and it's deep enough that if ue could service Timberuood, if it were ever desired to do that. find that was just made as a precautionary measure. Mayor Chmiel: Any other? Hichael. Councilman Hason: Not at this time. Hayor Chmiel: Hark. Councilman Senn: Phil, I mean what does it do to these numbers when... Phil Gravel: It really has no effect. The one unit assessment for those properties ls around $2,200.00 so that's $10,000.00 wlth the four of them. The total assessment for those parcels, the ultimate assessment would be more like $40,000.00 but ultimately I guess they could be assessed at such tlme as they dld develop. Councilman Senn: In terms of the $2,000.00, what's... Phil Gravel: The $2,000.00 has little or no effect. As you saw on the chart I had before there's a, the terms on that assessment are, we would have an assessment hearing in the fall of '94 and the City generally runs those out 12 years. 8 to 12 years. Charles Folch: Typically about 8 years. Councilman Senn: So what's your annual net end up to be? Charles Folch: Just basically take the $2,200.00. Divide that by 8 and you assess, or attach the principle each year to the unpald balance. Councilman Senn: Does that sound better to pay a little now and most of it later ulth development or puttlng it in that type of context? Roger Schmidt: I think what my biggest... Councilman Senn: I guess my general feeling is I kind of hate to see the four property owners be really at all penalized. I mean the whole basis and driving force for thls project ls the major developments. I see it really ls something that's going to effect us really financially if we would tack the total assessment on at a later date or when they expect to derlve the beneflt from lt. It seems to be right now, if I'm hearing it right, even though the & year old septlc system in the one case...we could look at that as being the same thlng... Charles Folch: Councilman Senn, you're correct. The $10,000.00 plus or minus dollars that would be generated for thls revenue schedule ls pretty miniscule when you're looking at over a million dollar project. But we have set precedence on the two prevlous projects where we've come up wlth thls pollcy that we've instituted for property owners such as the schmidt's who have either large lots, hobby farm type properties wlth a slngle family duelling, not 2O City Council Meeting - June 14, 1993 intending to develop. So as not to force them off their property, we basically in the past have just assessed one unit assessment for the trunk benefit and the future units would not be collected unless the property would develop. And it does not have a significant impact on this project but if we deviate from that policy, the question will come up again on future projects where maybe we have 15-20-30 property owners in this situation and you do need those numbers, those dollars in there to provide a positive cashflow in the assessment revenue schedule. So long term, it may not effect this project that much but long term, if we set a precedence that devlates from that policy and no longer assess these properties, it could have financial impact on future projects. Mayor Chmiel: Charles, what would it cost Mr. Schmidt for this? What would his cost basically be? Charles Folch: Basically one unlt of trunk sewer and water assessments. Mayor ChmLel: $970.00 and $1,275.00. Charles Folch: And $1,275.00. Phil Gravel: I'd 11ke to add, reiterate what Charles said that the precedence setting here ls pretty important. There are 12, actually 12 parcels in this project that would fall under that one unit scenario. And something that's kind of interesting ls under Bluff Creek Phase I, I'm sure you remember there were similar people in here on the east side of Audubon Road that said they'd never hook up and we actually have one of those households that wants to hook up now, for reasons of failing septic systems. So Z think that's kind of important to reallze that this could be a beneflt to these properties right now if they did need to hook up. Councilman Senn: Ph11, I guess what I'm getting back to ls, why the surprise? I mean it never occurred... Phil Gravel: The surprise is, I guess I'd like to address that a little further. As I mentioned before, under the Phase I part of the report, which was over a year ago, we addressed which properties would be assessed and we tried to address which properties would be assessed in the future but we paid more attention to Phase I because that was the areas that were actually under the public hearing at that time. The statutes require that the construction must be done wlthin a year after the public hearing so the people that that hearing applied to were only the ones that were actually getting construction at that tlme. When it came time to do the report for Phase II, we further analyzed the assessment area and we in fact refined some of the initial assessments as I'm sure Opus would attest to because their's changed quite significantly. And in that process of refining, we determined that these lots, the four lots in question were no different than any of the other large, single family lots that were assessed under Phase I and were also included in this phase. I guess the slmplest way to put it would be it was an oversight of Phase I. Councilman Senn: But as we went through Phase II, and the public part of that process. 21 City Council Meeting -Jur, e 14, 1993 Phil Gravel: That's the process we're in right now. Really legally if there had never been a Phase I, and ue had just started with Phase II, or a project similar to that, we would just be notifying them now and going through the hearing ds we are now so ue are doing the notification process at this time. Mayor Chmiel: Any other? Richard. Councilman Wing: I kind of withdraw from these things initially because the last Council I sat on, or the first one I was a member of, ue agonized over these assessments. I mean ue agonized over them and ue argued back and forth but we did set some precedence and the precedence was that the projects go through and I think that this Council continues to be very assessment sensitive. But running by those 4 properties, in reality if we can forget the pain of the short term, really impacts everybody positively in the long term because those plpes are golng through the ground irrespective. The beneflt is golng to be there and the assessment's going to occur. I mean it is so inevitable, it's just an absolute glven. There's no questlon that lt's comlng your way. You're going to get that assessment. There's just no way around it. And for $2,200.00 now, I thlnk ue declded, the past Counc11 that the beneflt derlved ls there regardless of whether you choose to hook up or not. First of all if you decide Lo sell your property, lt's already in and there. It's maybe even pald for by that time. But more important, if anything fails in the system, you have the luxury of saying, guess what. We've got water rlght there. All we need lsa pipe or we've got our sewer right there and it really takes the pressure off. fought the assessment on Hinneuashta Helghts. Hr. Ashworth, you probably remember those days. I dldn't want that stupld thing in my backyard. But then my well gave out and was that nice to have water. And then we didn't have to get that septic system pumped and boy was that a luxury and I'm really glad now that the Council forced the lssue. So I guess, as sensitive as I am, especially towards the Schmidt's because I worked with him on a commission before and he was one of the real workers. You know Z have a certaln afflnity there with Roger but I don't thlnk we should break from precedence. I think that the important thing ls we're not forcing development. We're not forcing anybody to sell. We're only charglng one unit regardless of the amount of land. No matters to who they are. We're very sensitive about that. I thlnk that thls a very fair, conservative approach by the Council... The issue Hark brought up about the surprise, that's unfortunate. That's wrong. Z think that if we had been able to send this whole packet to even the Schmidt's possibly would have sald, well maybe we ought to just slip into thls at t'hls tlme. It's probably easler now than a year from now or two years from now but certainly within a very short timeframe, they're going to be part of lt. Mayor Chmiel: Yes. Would you like to come up. Roger Schmldt: If I should have to hook up, there's no question. I mean I'll pay you whatever it takes at that time, which will probably be more. But the thlng ls that I'm trylng to declde what beneflt is it to me today. Or tomorrow or as soon as it goes ln. I mean I don't really see that the benefit is there. I mean whether, if I sell my property, maybe I can ask $2,000.00 more for lt. If I don't sell it, you know if that still has to be paid? I mean that $2,000.00 comes off the se111ng prlce more or less. So when you say the beneflt ls there now, Z don't quite see that but I've got, and I don't want to give you the impression but the $2,000.00 lsn't the major thing. It's just the ldea that I 22 City Council Meeting - June 14, 1993 felt I got left out of the process here someplace and I don't think that's quite right. So as far as setting a precedent, I mean you are; you've set a precedent. Well, you've left us out so you do have a reason to consider this a little bit differently than the other ones. But I don't really see the benefit right now. I mean, and I'll gladly pay when I need it. If I need it, if my well goes out next year or something like this, I mean I've got no problem paying for it. Mayor Chmiel: I'd just like to interject something here. And I understand where Roger's really coming from because I went through the same process. The assessment that I had for my ptece of property where we had a street go in besides. For the water, sewer and street and curb that went through, it was a total assessment that I got on that was $10,000.00. And I sort of swallowed a little hard too on that part. But I could put it over a 10 year period, which I dld do and I know that sometimes $2,000.00 could be hard to come by at one given time or another but this can be put on an assessment for an 8 to 10 year perlod as well. And I thlnk by having that available, in the event that you ever do sell your property, and even sell it as it is, you stili have a very much of a plus there because of the fact of that sewer and water belng available for that particular property and I think that's where there's one plus factor there for you in selllng that property in itself. Roger $chmidt's comment could not be heard on the tape. Mayor Chmlel: The valuation of the house you're saying is going to go up? Yeah, to a certaln point. I'm trying to think what mine did after once I put mlne ln. And I think it remained pretty much the same for at least 3 or 4 years. But then I got reassessed on my property. For on the house and itself. That's when my valuation went up so I did pay more. In a way you're right. Roger Schmidt's comments could not heard on the tape. Don Ashworth: Roger, I really haven't seen in other areas of the community where it has gone up. It has increased the value where people have larger parcels and they're literally ready for subdivision. Agaln, then it's literally ready for subdivision. But I'd also like to make the point and concur with Councilman Wing in that in Phase I we spent a 1-or of. time discussing the lssue of how to assess the smaller property owner. We had a number who were present and who I thlnk on our orlginal roll we had like 8 or 10 assessments on maybe like a 5 acre parcel or something like that. And there was a lot of concern wlth the amount of money that those 5 unlts at $2,000.00 each or 8 units would do to some of those smaller property owners. And so we reached agreement that no, we would not force that 2, 6 or 10 units on those property owners but would solely leave it as one unit and then at such time as they further subdivided, yes they would have to pay on the additional units that they created. But we did not want to create a real burden for them right now. I'm concerned that if we treat Phase II properties different than Phase I, we're~going to end up, when we get into the final assessment hearing, there probably will be one assessment hearing and so you'll have folks from Phase I and Phase I! in the same audience and if some are treated in one way and some are treated in another way. I would also, and I can't remember your lot Roger but a 'number of those, and I'll call them flag lots, because I think there's like 4 or 5 lots right adjacent to you and they're all klnd of flag shaped. But some of them are relatively lar~ 23 City Council Meeting - June 14, 1993 size. Meaning more thaT1 2 acres. 3, 4, .5 acres. S and 10 acres. See, I think you've got parcels that aren't all that different than in Phase I. Mayor Chmiel: Okay, any other discussion? Councilwoman Oockendorf: I have a question. Mr. Schmidt, are you representing the 3 other? Roger Schmidt: No. Councilwoman Oockendorf: It's just yourself. Because to be quite honest, I'm ,lore concerned about the homeowner who has the 6 year old septic system. I'd be more adamant. Oh you are. Okay, do you have anything to add to the discussion? Mayor Chmiel: Would you come up to the microphone please so we can at least get thls recorded. Besides I want you on TV. Resident: No. When we built our home in '86 and we have the 10 acre parcel and so our septlc system and the well ls all falrly new. So you know, that's just where we're at. Councilwoman Oockendorf: And what's your opinion about? Resident: You know, we hate to see the ramifications of having, you know if our taxes get hlgh and havlng the feeling that if we're going to get pushed out of there with having to pay so many taxes. I guess that was our- biggest headache was to thlnk of that part. The $2,000.00 part is not such a worry at that point. It's just that down the road if we feel llke our taxes, if it's just going to be skyrocketed. Councilwoman Dockendorf: Thank you. Mayor Chmiel: Any other discussion of Council? Okay, anyone else? Can I have a motion to close the public hearing? Councilman Hason moved, Councilman Wing seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Mayor Chmiel: Anything else? You have before you the proposal. Is there a motion? Councilman Mason: We'll discuss after the motion? Mayor Chmiel: Whichever is your preference. Councilman Hason: Well, before a motion gets made. We have, certainly I do remember some of those agonizing evenings. Hayor Chmiel: Yes, I do too. Councilman Hason: They were not pleasant. My concern, and what I'm hearing here is that money basically is not the issue but the fact that you, for whatever reason were left out. And I, that's a tough one because on one hand I 24 City Council Meeting - June 14, 1993 say, well let's leave them out of the loop completely and then they don't have to do it. If it was just one incident and I knew it would never happen again I would want to do that. But I see that as a real can of worms opening up and I can only apologize for the city that you were left out. You shouldn't have been and that ls unfortunate. I think as good as clty staff does with communications, clearly we always need to be on our toes. I hope that's the lesson in on thls. Mayor Chmiel: Good. Anyone else? Councilwoman Dockendorf: Well as long as we're discussing before the motion, I guess I understand the concerns from those four homeowners and I think in addltion to them being left out of the loop and bringing this forward, the issue that the property owner mentioned was she was concerned about future taxes and that kind of thing. The project's golng to happen so we can't do anything. We're not prepared to chuck the whole thing. I guess unless there's further discussion, I'm going to move that we approve the Upper Bluff Creek Trunk Utility Improvement for Phase II. Mayor Chmiel: And authorize preparation of plans and specs, Project No. gl-17B? Councilwoman Oockendorf: That too. Mayor Chmiel: Thank you. Is there a second? Councilman Mason: I'll second it. Mayor Chmiel: You can see it's sort of angonizing for us to go through these processes as we do. It's not the most simplest thing for us to proceed with. You have to look at the overall thing. Roger Schmidt: I know the public hearing is closed and I apologize for that but I think... Councilman Mason: Can I comment? Mayor Chmlel: Sure, go ahead. Councilman Mason: I don't think you are and I suspect if I were one of the four lots, I'd feel exactly the same way that you do right now. Oh I know I would because, and I've commented on this to staff and other Councll members. I don't think you get jaded sitting on Council but you know it's like when I just lived in Carver Beach, that was the only thing I was conoerned about. And by gosh if something was happening to Carver Beach, I was going to be here pounding on the gavel and now it's just such a.bigger picture up here. And I don't deny your feelings. Like I say, I'd feel the same way if you were sitting here and I was slttlng there but I guess I honestly don't think that's the case. Councilman Wing: I'll tag onto what Mike said a little bit...and growth is here and your area's been by-passed. I mean it's painful for me out on Highway 7 to see stoplights going in. I'm In the middle of progress. I'm tn the middle of growth but I thlnk I can take some prlde in the fact that the Count11 is not forcing hook-ups on those properties. And they're only doing one unit charge. 25 City Council Meeting --June 14, 1993 Whether it's 1 unit or 10 units or 100 units so we're not forcing anybody to sell. I mean we've really been conservative and really been forthright with these but we can't stop the overall growth of the city. We can't, there's nothing we can do. It's like trying to get in front of a train and you're in front of the train. I think we've been real conservative and fair on this. Overall consistently Roger. Consistently. Not just you and I hear what you say about, if it hadn't have been a surprise, you probably wouldn't be here tonight. I hear that. Hayor Chmiel: Any other discussion? If hearing none, we have a motion on the floor with a second. Resolution ~3-5~: Councilwoman Dockendorf moved, Councilman Mason seconded to approve the feasibility study for the Upper Bluff Creek Trunk Utility Project No. 91-17B and authorize the preparation of project plans and specifications. All voted in favor and the motion carried unanimously. AWARD OF BIDS: REFURBISHING OF FIRE ENGINE NO. 210. RE3ECT BIDS. Don Ashuorth: The report is quite short and that is we're recommending the rejection of bids. The truck committee just basically was not happy. I should forewarn the Council that in that process we took a real good hard look at that truck. We feel that that truck can last us several, several years into the Future but it may, it will in fact mean investing a few more dollars than ue were looking to from before. It will probably require a split year funding, meaning partial funding in '93 and partial funding in Councilman Wing: What this says is, we're coming back. I'll so move rejection of bids. Mayor Chmiel: Do I have a second? Councilman Senn: Do we have to formally do that? Mayor Chmiel: Yes, reject bids. Councilman Mason: Second. Councilman Wing moved, Councilman Mason seconded to reject all bids for the refurbishing of Fire Engine No. 210. All voted in favor and the motion carried unanimously. Councilman Wing: These bidders should heed your warning. And I bet when this is rebid, there w£ll be some consideration on their part... Hayor Chmiel: I would certainly hope so. Councilman Wing: Because these were pretty high. Mayor Chmiel: Yep. They were all and all, thank you. 26 City Council Heeting - June 14, 1993 SITE PLAN REVIEW TO CONSTRUCT AN t8.527 SO. FT. BUILDING, AN UPPER A~R INFLATION BUILDING FOR LAUNCHING BALLOONS, AND A FUTURE NEXRAD RADAR TOWER FOR THE NATIONAL _WEATHER SERUICE, LOCATED EAST OF AUDUBON ROAO AND SOUTH OF HIGHWAY 5 ZN THE CHANHASSEN BUSINESS CENTER. CHANHASSEN V~NTURE. INC. Kate Aanenson: 3ust to refresh your memory, Chanhassen Business Center, you approved tonight the grading plan and...One, the National Weather Service...Th£s item went before the Planning Commission and prior to that theYe was a neighborhood meeting held on April 28th. Over 400 notices went out on that. That was prefaced by the fact which we've included in your packet, the flier that went around with concerns about the health hazards. At that neighborhood meeting there was approximately 29 people which is about half the residents so I think that was a very well run meeting. I think a lot of the concerns were addressed at that meeting. Such that at the public hearing, that nobody got up to speak. The Planning Commission did request for an independent review of the findings that the Weather Service provided as far as limited health concerns and I've included in that in your packet. I neglected to put the resume in of Professor Davidovitz and I've included that. He has a speciality in reviewing this type of technology and his conclusions were that it would not result in an increased health risk. What I specifically had him look at was the issue itself of the Nexrad radar. The si[e plan, and [ have the architect who will go over this more specifically but...couple of issues that staff has raised. There's three components to it. One, the office building, which is tow profile. One story. Then the Nexrad radar...and the upper air inflation building. This is where they launch the weather balloons each day. When we originally looked at the...Chanhassen Business Park a couple years ago, we knew at that time the Weather Service was looking at this location. At that time we requested that this be done as, that it be owner/occupied so it wouldn't be a tax exempt property. That it'd be a leased property and that's the way it's being proposed. It is brick. We've got samples of the brick here tonight. I'll let the architect go through the design of the building in a [ittle bit more detail. As you recall, when we put the standards together for the industrial park we did require 50 foot of landscaping with a.berm and trail along Audubon in addition to 100 foot buffer along to the south. Some of the concerns that the staff had is that's the only thing that's ref[ecting on the site plan. We'd like to see a little bit of additional landscaping... The site itself or the whole part which we feel good about is actually recessed into a bow1. When you're looking on the top of the building...from the top, from Audubon Road you see 3 to 14 feet below grade is the actual grade of that building so we feel that that looks better than looking down on top of fencing. Keeping the mechanical equipment on a low profile. Again, one of the benefits of this site...Obviously we've got a concern about the height of the tower and the upper air inflation building which is 35 feet and the tower itself which is 127 plus the 7 foot radar on top. To try to give you some scale, it's less than the U.S. Cellular tower that's out there but similar in height to the water tower. One of the concerns or Issues that was addressed in the staff report was the parking. The standard would require 80 stalZs. We feel that's more than necessary given the total number of employees and...we feel what they provide a similar maximum of 35...50 parking stalls is suffic£ent...The signing on the building, I've shown you what we require in the PUD which I've included in the report...you're not going to be able to see very much. You'll have to come in to the interior of the park to see the signage itself. During construction, because this road isn't, they want to be operational in February, we've allowed temporarily for them to get access 27 City Council Meeting - June 14, 1993 to the site during gradi]~g so they can simulataneously be working on their site and grading the access directly off of AuduboR Road. Assuming that as soon as there's a hard surface on Lake Drive, that they'll vacate that and we believe tl~at should happen no more than 90 days and then get their access off of Lake Drive... So with that, the conditions that the Planning Commission added was the report from the health. Someone independent to review the health concerns and that we look at lowering the building 6 feet. It is staff's position that we feel it makes sense to keep it, I mean raising it 6 feet. That ue keep it at the lower grade so you can see less of the building. We think it makes more sense as far as the visibility of the tower' and the upper air inflation building. Mayor Chmiel: Okay, 16 and 17 are the two additional ones that came? Kate Aanenson: Yes, and actually there is a number' 18. We ask that full park and trail fees be paid at the time of building permit. You should add that one. Mayor Chmiel: Thanks Kate. Is the developer here? Wayne Perlenfein: The developer isn't but I'm representing them. My name is Wayne Perlenfein. I'm with Rogers-Perlenfein and Associates. Our firm of architects and engineers have been retained to assist in the development of plans and specifications for this project. As Kate has said, it is basically an office building, and that in itself is somewhat misleading. It is going to house weather monitoring and river level monitoring equipment. It's basically a large computer type facility. It is a three structure building. The main, excuse me if I go over here. Thero are 3 buildings...The uppe;' air inflation building...radar tower. As you mentioned, it does...with the landscaping codes, from the park dedication area and because of the topography of the total development, the buildlng ls not in and of ltself, going to be extremely noticeable. You're going to be hard pressed to see this building unless you are on the lnterlor road in the development. The tower w111 extend over the tree ~ops. ~e think that the staff and [he PUO developers have done a nice job in thelr exterior landscaping along the park area. The buldlng ls chiefly a masonry building. The proposal ls to use a brown brick with a couple lighter colored accent brlcks golng on the building. Parklng has been provlded in excess of what the employee count will be in anticipations of providing for visitations. Even though lt's somewhat less. With me today are experts in the fields of the use and of the faciiity and the ramifications of the radar who can answer your questions far better than I as to what we discussed at our two publlc meetings. So for the sake of brevlty, I'll leave it at that and we'll just klnd of introduce ourselves and answer your questions as they come up. Mayor Chmiel: Very good. Thank you. Is there anyone else wishing to address [his proposal at this tlme? Seelng none, I thlnk we've all gone through the Minutes of [he meeting as well as the Planning Commission Hinutes. We know exactly what questions were and asked of. And slnce I had last seen or since I have just seen the qualifications of Mr. Da. Kate 4anenson: Oavidovitz. Mayor Chmiel: Thank you. That's almost as bad as Chmiel. And I would like to ask Council J.f they have any specific questions in relationship to what we're 28 rCity Council Heeting - 3une 14, 1993 looking at for the project. Richard. Councilman Wing: Kate, I was kind of confused on the building materials. This is going to be kind of a showpiece building with a lot of public interest possibly and a lot of tours so I guess I'm really looking at this being, of coming Chanhassen quality if you will. You use the word block in here.-Is this in fact going to be brick exterior? Kate Aanenson: Yeah. Wayne Perlenfein: It is brick. Councilman Wing: $o we're not going to be looking at a block building. Kate Aanenson: No, and they have... Wayne Perlenfein: If I may qualify that. The major building is all brick. The lesser buildings out back do have a rock faced block with them. It's an integral color. It's not a gray block. We're not painting it. It w111 be a custom color. From 5 feet away you won't know it's not brick. Councilman Wing: Kate, the one meeting I really wanted to attend that I missed was the neighborhood meeting and I guess a Iot of us over the year this has been comlng have saw thls as klnd of a unique experience for Chanhassen. Or a unique event. The heaIth issues I understand has been addressed and I understand there's no problem here. How do the neighbors, the neighborhood who were selected on that, how are they taking this installation next to their neighborhood? Any concern? I thought there'd be a pourlng out tonlght of people trying to stay away from this. Kate Aanenson: ! think the weather service did a very good job of running the meeting and staying after and answering specific questions. But I that they well documented and pretty...explained the technology and I think the concern was the constant beam and it's a pulsating and it's constantly moving and it dissipates as it moves out so. Mayor Chmiel: And it's on for only 3 minutes? Wayne Perlenfein: By way of an explanation, Larry if you could perhaps...a brief summary of what your...put it in context. - Councilman Wing: Well, I'll be happy to listen to that but I just want to clarify my question in that the neighborhood was generally. Kate Aanenson: I think there was a comfort level, if that's your question. They felt comfortable with the explanations and that their concerns were alleviated. Mayor Chmiel: I think that's probably an indicator just this evening by not seeing a crowd. Councilman Wing: Yeah, that's what I was hoping. 29 City Council Meeting - June 1~, 1993 Councilwoman Dockendorf: And if I could just tack onto that. I've spoken to a number of the neighbors and although they were somewhat perplexed at the explanation of all the pekowatts, otc, there was a comfort level there. Councilman Wing: I think the interesting thing is, with all the microwave towers and what's in there, if we were to send a sensor up in this room right here, we'd be stunned by what's coming at us from all the different directions and maybe this ls really a mlnor issue and I guess that's why I wound up wlth this thing. But I wanted to make sure that the neighbors were clearly in agreement with the health standards being met here, because that would really be a significant issue and I have no problem with this. Mayor Chmlel: Thank you. The other thlng ! thlnk ! read in here and someone else has made the mention of it for the National Weather Service located in Beautiful Downtown Chanhassen and I'd 11ko to see that followed through. Councilman Senn: We're calling downtown that far? Councilman Mason: Could we just have, and I see that Commissioner Ledvina is here too tonight. Could we just have a little discussion about why some people want to raise it and some people don't want to raise it. Yeah, the 6 feet, I'm sorry. I don't know, maybe you don't want to say anything. I don't know. Matt Ledvina: Well yeah, maybe I can address the background. We took a look at. Mayor Chmlel: Just for. Matt Ledvina: Okay. Matt Ledvina, 2711 Piper Ridge Lane. Member of the Planning Commission. We took a look at the grading on the site and overall there's about 150,000 cublc yards of grading that will have to be removed from the site. $oil and as we learned, this project in terms of the grading has an lmpact on the other developments in the area but at the same time we felt It would be beneficial if the site could be raised, thereby reducing quite a bit of that grading. I guess it's a general concept that we'd like to try and maintaln the landforms and when we have mass grading like this we're really not doing that. I thlnk also some of the concerns related to the landscaping and they did address those issues. So I guess we feel that if the overall project is in need of that additional so11, then that's not so bad. But as a general rule of thumb we'd like to try to reduce grading on the site when we can. Mayor Chmiel: Thanks Matt. Councilman Mason: I know it's nice to have a commission member present at these meetings so when questions do come up, it's nice that the Planning Commission's dolng that. And staff didn't want to do lt, why? Kate Aanenson: Well, originally there was a question of where the sewer would be coming from. Whether or not, because we talked about a possible 2 or 3 connections off of, going across Audubon and we looked at that and we'd make the sewer 20 feet underneath the road and there was a problem if we had to get in and service it. That issue is kind of removed now so it looks like they will be sewer access I belleve. ! wlsh Charles was here, off of Lake Drive. But the 30 City Council Meeting - 3une %4, %993 other issue is the larger impact of the rest of the industrial park. When we looked at this, it is a bowl and it's a field and if there's a way that we can, this is one of those industrial parks that we feel like this is a perfect opportunity with the railroad tracks to screen by lowering those buildings. Causing less impact to the neighbors and there's ramifications all the way down. Not only this lot, which is a proposed...so we feel the best interest is protecting those neighbors as far as the visibility. That it makes more sense since it is really, the topography to that has been altered already and to maintain that recessed feeling to that, for the noise mitigations. There will be trucks going down there and we feel that that's the best interest of the neighbors to keep it recessed. comment was made from the audience which was not heard on the tape. Kate Aanenson: It would exceed 7~ which is less desireable. Councilman Mason: If it was raised? Kate Aanenson: Raised, correct. Getting up into the site. Mayor Chmiel: Okay. We'd like you to answer the question that had come up previously. Larry Predwick: My name is Larry Predwick. I'm the Regional Nexrad Meteorologist from the National Weather Service. Region Headquarters in Kansas City. And the question came up as to the relative values of the amount of radiation that this system would generate. I have a slide here that i'll show you to give you some comparisons. Let me first of all begin by showing this. You kind of get an effect of what we're talking about in terms of this type of radiation. This is determined to be what is called the...averaged over a 6 minute period of time. Down here you'll notice where the occupational standards have been set... Here is where we stand, and actually this was blown up to this same scale, we would be off the zero line. Here's the comparison to give you some idea of what we're talking about. If you're out in the sun at noon day, you'll receive approximately 8 mIlowatts worth of radiation per square centimeter in a 6 minute period of time. The American National Standard Safety is set for 5. A typical microwave oven is &O/[O,O00 at [0 feet away...Zt was brought out earlier or mentioned that this radar operates in an entirely different type of mode than most microwave systems. [t operates in a pulse mode. In other words, the system is sitting there listening oh approximately 3 Minutes a day. It sends out short pulses of energy measured in microseconds. In other words, millions of a second and then listens for that signal to come back. $o the actual total time that the radar is in the radiate mode is only about 3 minutes per day out of a 24 hour day. With that, I have another slide...is that the radar is constantly trying to do what we call a volume scan. And here is an example of that. A complete that approximately .5 degrees plus elevation. Take a volume sample, or a slice sample. And then it goes up approximately half a degree and takes another one. Continues tn this particular mode and this is what we call a percipitation mode actually. It's about S minutes for this thing to...so the majority of time, not only is it not radiating but it's also, when it does...radiating at an elevation above the horizon...The best way that I can kind of compare this is sort of like a catscan. You go through the body and it sits there and looks at...any · 31 City Council Meeting - June particular feature that they want to from your right shoulder for example to your left hlp. Well, with thls type of volume...we can also do that with weather phenomena. Here we can determlne...for approximately 3 minutes out of the day. The rest of the time it's in an elevated fashion anyway... Councilman Wing: Why put it down, for lack of a better words, in a hole? Why wouldn't you pick the highest place tn Chanhassen or highest place in the Twin Cltles? Does it lncrease your ground clutter? Larry Predwlck: That's one feature, yes. There's...economy here as well. There's a number of sltes that we looked at but quite frankly they're all considerably more expensive. When you take into consideration the power re.qulrements we have... Another reason for selecting this site is because of the proximity to, this is a joint use system. There are three actual federal agencies lnvolved in developing this system. The...Federal Avlation Administration is the other because ali three will be using the information this thing generates. So it has some value in this particular southwest of, for example of the major airport... Mayor Chmlel: Very good, thank you. Are there any other discussions? Councilman Senn: I keep hearing all the wonderful warm fuzzies over the safety lssue and when I turn to the conclusion, on the consultant's report, I keep wanting to see a definite conclusion. And somehow it has once again escaped me. It basically says the exposure level is resulting from normal operatlo~ of the Nexrad system should not result in increased health rlsks to the general public and surrounding communities. Why can't it just, you know normal operation. I mean that raises a question. Can this operate outside of normal operation? Next question. Why doesn't it say will instead of should? Next questlon is why does it say the immediate area of the surrounding community? Mayor Chmiel: Maybe we can ask. Councilman Senn: I guess I am. I don't know if there's somebody here who can answer them. Mayor Chmiel: I think it's all in the...Is there anything that you can add to those questions that he's asking? Larry Predwick: I think if you take a look at any research done by the medical community, I don't think that you will find the word will used in any of the documentation because qulte frankly there is no absolute certainties in any kind of medical research. I think that you will find that virtually any of the research that goes on in those particular areas are statistical in nature and everything is based upon the evidence that we know at a given point in time. And I thlnk that ls, as best as I could put lt, is slmply part of the normal vocabulary or the jargon that is used wlthin that kind of context. Is that there is literally no absolutes. However, if you look at it from the perspective of how they write these sort of things, that's about as strong a language as you'll ever see them use. Councilman Wing: Would you concur with that Roger? That this is reasonable. 32 r City Council Heeting - 3une 14, 1993 Roger Knutson: An expert never stands up and guarantees you something. Councilman Senn: It's better to have an expert that stands up and tells you nothing right? Larry Predwick: I thlnk Elnsteln said something that an endless number of reports would never prove him right but it only takes one to prove him wrong. Councilman Senn: My questlon Larry I had too was. Larry Preduick: And I think the other question that you raised was the proximity? Councilman Senn: Yes. Larry Predwick: I think the point there was that beyond the mere nature of the system is that there is nothing to even consider because.by the time that you get beyond the near range of the system, the signal leveI is so significantly Iower that it's aImost inmeasureable. So that's the onIy time that we ever bring that sort of thing up is in the near proximity. It'd be kind of like making a comparison to a microwave oven across the street. Councilman Senn: Well that just validates my point. I wish you would say the immediate area then. Rather than surrounding communities implies to me that nobody in Chaska is going to be affected. Larry Predwick: WelI that's probabIy quite true because by that time the center. Councilman Senn: It doesn't say the immediate area's not going to be. I don't know. Councilwoman Dockendorf: If [ could tack onto your question, or part of it. Has this been looked at in conjunction with the TV tower that sits out there and ail the other towers that are out... Councilman Senn: There will be four out there. The water tower, and you have the Cellular one. Councilwoman Oockendorf: ~ell the water tower doesn't... Larry Predwick: I think it's important to note that if you're saying collectively with ail these other systems that are out there, the answer is no because of the fact that the frequency that this system uses is so significantly different than for example high band radio or television broadcast signals. It's so significantly different you can't even make a comparison. Councilwoman Dockendorf: So, It's not going to fry my innards but what's it going to do to my T¥ reception, anything? Larry Predwick: Nothing. It operates at such a high frequency and for such a short period of time that, [ might point out that we have a system llke this operating right now in Pleasant Hill, Missouri which ts just outside Kansas 33 City Council Meeting - June 14, 1993 City, right next to a residential subdivision. It's been operating there for well over a year and we have, as a matter of fact.several of our employees live in that subdivision and it's adjacent to the site like this one is and there's been absolutely nobody that's ever even known that the thing is there other than to look out the window occasionally and see the top of the tower. Mayor Chmiel: I think too, if you take into consideration the number of employees that are also working in these facilities, they probably have more exposure than anybody else. Larry Predwick: As a matter of fact, the system that we're operating right now at the airport probably generates more potential, or more exposure because it operates at a constant, almost at a constant elevation probably gg~ of the tlme. And this is going to be significantly different. It's operating in an elevated mode about 90~ of the tlme. Councilman Senn: I had one other thing I wanted to, if we could address the road. So far this has kind of been a piecemeal deal out there. $o far we've stuck a church in an industrial park and now we're sticking this in an industrial park and so far it just seems kind of non-traditional uses in an industrial park. Is there anyway as part of this thing that we can get the... I mean it doesn't seem to me to make a lot of sense why we're bringing it down a deadend road...this project is only a short distance later you're going to put in a cul-de-sac and finish it off anyway. Is there a reason why we're not requiring that? Kate Aanenson: Well the final two lots with this whole subdivision, they platted out to two lots so to get, we're requiring as far as that goes, just to bring the road to that polnt, just 11ke we would with a subdivision when they're only filing so many lots. We bring the road to that point. They haven't got anything, a project on line to require or deBire to get that road to go further. As far as Jehovah Witness, they'll have the access directly off of Audubon. It's similar to what we do in a residential subdivision. Where they just brlng it to that, to service those lots. It's qulte a ways as far as the interior and that's the only lot that will be platted at this tlme. $o I guess it's a matter of cost for the developer. Councilman Senn: But aren't we bringing the road all the way in to just about the end point? Kate Aanenson: Right...but they've.only finaled two lots. The Jehovah Witness, which has access off of Audubon and this lot. There's nothing been approved for those other lots off of the street. Councilman Senn: So that could in fact not even be the road system? Kate Aanenson: It will be. We've approved that layout for that road as part of the grading plans, storm water issues, sewer, water. That will be the road. Anything else that comes on those lots will come back before you for site plan approval. Mayor Chmiel: I think that wa~something that we discussed previously. 34 rCity Council Meeting - June 14, 1993 Kate Aanenson: Rlght, and those standards for the PUD are in here but yes, that is the uZtimate. The only thing you may see is if someone wants a larger lot, they may assemble some of those lots for a larger project. Say Lots 1, 2, 3, 4 and 5. Haybe they'd become one lot, or 6 or 7. They may snap together if they need a larger parcel for something. Councilman Senn: But that wouldn't change the road system? Kate Aanenson: Correct. The road system's pretty much locked. councilman senn: I was just trying to think of where else we've done industrial commercial and put in partial road systems and. Kate Aanenson: Again, this is a deadend street too. [t's not going to go anywhere else so. Hayor Chmiel: It's not going to extend any further than it would other than that cul-de-sac that's existing. Where that's shown. Okay. Councilwoman Dockendorf: We see a very nice drawing of what the major building's going to look like and it sounds like we're not even going to see it. What really is missing here is the two very intrusive structures and disappointed not to see a picture or presentation of what they're going to... Kate Aanenson: Oh, that's the upper air inflation building and that's the block that should look like brick. That was mentioned. That will be 35 feet high. And in the upper air inflation. Councilwoman Oockendorf: The Nexrad. Right, the drawings are nice. My point is. Wayne Perlenfeln: Of what the actual tower looks like. And here's an overlay of the facility that looks, tt's a smaller facility but it will give you a relative. Kate Aanenson: So that would be the height. 127 plus the 7. And we did put in the staff report that they do fence, put a fence around those and we recommended that be a green vinyl to kind of. And we also mentioned in the staff report, going with the whiter colors as far as blending into the sky. Councilwoman Dockendorf: My only polnt is we've got a really nice drawing. I would have liked to have seen. Kate Aanenson: The whole scale. Councilwoman Dockendorf: Yeah, something like that. That's what I'd like to see. Wayne Perlenfein: The reason it's not shown on the... Kate Aanenson: Let me clarify that. That won't be coming up for another year but slnce the staff knew it was comlng we recommended or we told them that they had to bring that in at this time. We didn't want to force the hand and say 35 City Council Meeting - June 14, 1993 well now we've approved the site, you've got to approve the tower. We wanted everybody the opportunity to comment on that at this time so we said that even though lt's not going in possibly for a year, we want you to come forward and show us what that's going to look like and how it would be reflected on the site plan. Councilwoman Dockendorf: So next year we'll be seeing it... Kate Aanenson: No, we're approving it now but getting the comments and everything. Larry Predwick: We've provided pictures of what that will look like. Councilman Wing: While she's digging that out, if we have in fact addressed the health lssue significantly that the neighborhood is secure, and I thlnk we put the effort into that question. That I can feel comfortable with this. I'll move approval of Slte Plan Revlew for the Weather Bureau construction. Mayor Chmiel: Is there a second? Councilman Mason: Are we going over any of the, as with ail the conditions? Mayor Chmiel: With all the conditions that will look. Councilman Wlng: I didn't hear any to be added. Kate Aanenson: Yeah, we added 18. Mayor Chmiel: Item 18. Councilman Wing: Oh excuse me. Kate Aanenson: Park and trail fees be paid at the time of building permit. Mayor Chmiel: Motion on the floor, was there a second? Councilman Mason: I will second that motion. Mayor Chmiel: It's been moved and seconded. Any other discussion? Councilman Wing moved, Councilman Hason seconded to approve Site Plan $93-4 for the National Weather Service subject to the following conditions= 1. The final plat of CBC - Phase I shall be recorded with Carver County. 2. Detailed storm drainage calculations for a 10 year storm event shall be submitted to the City for review and approval. Depending on the storm sewer calculations, the City may require catch basins and/or pipe. 3. A revised site grading plan incorporating the final approved grading plan for CBC-Phase I, including the trail location through the site, shall be resubmitted to the Clty for revlew and approval. 36 rCity Council Meeting - 3une 14, 1993 4. The proposed site grading along the south property line shall be revised to save the existing stand of trees. 5. All landscaping materials, i.e. trees and shrubs, shall be planted outside the proposed street right-of-way and not over any public utility lines, i.e. sanitary sewer lines and watermains. The site plan shall be amended to show the additional right-of-way and drainage and utility easements that will be conveyed to the city with the final plat of CBC-Phase I (17 feet of right-of-way and 25 feet of drainage and utility easement). 7. The property owner will be responsible for its share of the pending Upper Bluff Creek Trunk Sanitary Sewer and Water Improvement costs (Project No. 91-17A). 8. Grading and site preparation will only be allowed for the Weather Service after the underlying PUD and development contract have been recorded. Surety will be in place for the grading of both sites. 9. The landscaping between Lake Orive and the NWS building should be a combination of deciduous and conifer trees, with some ornamental trees placed in an informal setting. Additional landscaping for the buffer strips should be deciduous trees including more Sugar Maples, Lindens, Marshall Ash, and conifers should include more Austrian P£nds and Spruces. 10. Signs requlre a separate permit and shall be consistent as shown on the site plan dated April 16, 1993. 11. Compliance with the conditions as stated in the memo from the Fire Marshal dated May 12, 1993. 12. Compliance with the conditions in the memo from the Building Official dated May 10, 1993. 13. The hipped roof entrance canopy shown over the main entrance shall be placed over the two front entrances. In addition, two hipped canopies shall be placed on the rear of the building to provide screening for the roof top equipment. 14. Fencing around the NEXRAD Radar shall be green vinyl. The color of the brick (and standing seam siding) on all of the buildings shall be brown and tan. 15. A waiver to the parklng standards shall be given; 52 parking stalls shall be provided based on the maximum number of employees as 50, with 36 people generally working at one tlme. If the number of employees changes, the parking will be re-evaluated and more parking may be required. 16. An independent third party shall revlea the health issues and report their findings to the City Council. 37 City Council Meeting - June 14, 1993 17. The grade of the NWS building should be reviewed by staff to see if less grading can occur so that the building could be raised six (6) feet. Staff ls recommending that the grade be left as proposed by the applicant. 18. Full park and trail dedication fees shall be paid at the time of building permit application. Ail voted in favor and the motion carried unanimously. COUNCIL PRESENTATIONS: RECONSIDERATION OF CONDITION OF APPROVAL, REOUIRING oKnICATION OF A TRA~L EASEHENT, LAURENT ADDIT)ON, MAYOR CHMIEL. Mayor Chmlel: This is done by myself asking Jo Ann to answer specific questions of Mr. Laurent, which he raised by calling me. I don't see Hr. Laurent here thls evening. Jo Ann Olsen: I talked with Paul Laurent this mornlng and they're not going to be coming. I understand that this was just to, not to discuss tonlght. Just to see whether or not you do want to dlscuss it in the future. Mayor Chmiel: That's correct. And being that I was in the affirmative I said that ! would bring this up but we would need a second and approval by Council. To then bring this forward to our next. meeting and discuss this at that time. I move a motlon. Is there a second? Councilwoman Oockendorf: I'll second it. Mayor Chmlel: It's been moved and seconded. Any other discussion? Councilman Mason: This is just to bring this back in 2 weeks right? Mayor Chmiel: Right. Councilman Senn: Any why are we bringing it back? 3o Ann Olsen: They're unhappy with havlng to be required to dedicate easements, specifically the trail easements of right-of-way. It's basic stuff that we always get whenever there's a plat. When you bring it back for reconsideration, we will obviously not be recommending that you remove that condition. But normally they would st111 be golng through flnal plat. They have preliminary plat approval and so typically this is a condition that they could bring back agaln and say we st111 don't agree with thls but they don't want to spend anymore money towards the application. So if they find that you're not going to give on that, change those conditions, they're probably'going to drop the whole application. Mayor Chmlel: I think the point that Mr. Laurent brought up to me is when he was here, is he indicated that he was sort of overwhelmed and he didn't quite understand what the process was. And because of that particular posltlon I decided that okay, let's relook at this again so he can either understand the position and the recommendation where staff's coming from. What's belng 38 City Council Meeting - 3une 14, 1993 proposed. ! wanted him to at least have his second chance to know exactly why we're either saying yes, we'll change it or no, we will not change it. Councilman Senn: Can't he do that with staff and doesn't he stil! have an opportunity when he comes through for the other. Mayor Chmlel: No, because it does have to come through for a reconsideration. If any of those conditions are removed... 3o Ann Olsen: With final plat but that costs again to make the final plat submittal. It costs more money that he doesn't mant to put towards a process. Mayor Chmiel: What he's trying to do is just have his son put a house next to where he's located. Because he's doing that, he goes through that whole process. There's more involved in this and I think we'll get into it a little later. Also with HnOot. So there's some things that we should look at and [ think all that information we can obtain from 3o Ann in the next... Councilman Senn: Are you pushing it then because you changed your mind on the previous vote or is that? Mayor Chmiel: No. Only because he felt that at the time that this was presented, he didn't understand the processes that he had to go through in doing that final platting at this particular time. And also that dedication of that particular. Jo Ann 01sen: Rlght. They mere tn attendance of a meeting when tt was in front of you for the prelim£nary plat but they didn't speak. I think they mere just klnd of overwhelemed with the whole thing and didn't understand what it really meant and want another chance. Mayor Chmiel: So with that we have a motion on the floor with a second. Mayor Chaie! moved, Councilwoman Dockendorf seconded to reconsider a condition of approval requiring dedication of a trai! easement for the Laurent Add/t/on. Al! voted in favor and the motion carried unanimously. ADMINISTRATIVE PRESENTATIONS: Mayor Chmiel: There are no administrative presentations. Councilwoman Dockendorf: could ! just make a comment? Mayor Chmiel: Sure. Councilwoman Dockendorf: Sorry to interject that. I just want to thank 3o Ann for the update from the Tree Board... Councilman Wing: Can I also throw in, just a little out of order. Mayor Chmiel: You bet. No, that's airight. 39 City Council Meeting - June 14, 1993 Councilman Wing: I would like to put a motion before the Council that the City Manager no later than 0900 hours, June 15, 1993 call the American Legion in Chanhassen, wlll go on display and order a new flag... Mayor Chmiel: Also along with that Dick, and I'd like to chime in on that, is to really thank the Legion for all their past performances and the assists that they've been doing to the city with the donations that they're providing to us. Councilman Wing: They just put a flag on the fire station. Mayor Chmiel: Yeah, and I think I would like to see a letter back to the Legion thanklng them for that and have that signed by Counc11. Councilwoman O~ckendorf: As long as we're on the topic, all the smoke detectors that they donated, ls there anyway that we can let people know that that came from a donation? Mayor Chmiel: Well yeah. I think they, when they provide those to whoever comes and asks for them, they do tell them. Counc£1man Senn moved, Councilman Hason seconded to adjourn the meeting, hll voted in favor and the motion carried. The meettng uas adjourned at 9:45 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 4O