Loading...
CC 2007 04 23 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 23, 2007 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Jill Sinclair, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Amy Johnson 2905 Butternut Drive Matt Rasmussen 1026 Bluff Pass South, Chaska Deb Lloyd 7302 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everybody here that's joining us this evening and those watching at home as well. We're glad that you joined us. At this time I would ask members of the council if there are any modifications or additions to the agenda. Without objection then we'll proceed with the agenda as published. We have a number of presentations and announcements to make at the beginning of the meeting here so I'm going to step down and ask various people to join me at different times. ACCEPT DONATION OF $10,750 FROM DISTRICT 112 BASEBALL ASSOCIATION FOR FIELD IMPROVEMENTS, JIM MOSS. Mayor Furlong: Is Jim here? Moss. Come on up. Jim Moss is here from the District 112 Baseball Association and he's here tonight to present the City with a donation in the amount of $10,750 from his association. This money will be allocated towards construction of a new ball field out at Chanhassen Rec Center. On behalf of the City Council and city staff, Jim, thank you to you and to your entire association for this wonderful donation. We really appreciate it. Jim Moss: Thank you so much for your support. Mayor Furlong: Absolutely. Todd Gerhardt: Jim, thank you. Councilman Peterson: Maybe we should ask with all these people Tom, if anybody else wants to give any money too. City Council Meeting - April 23, 2007 Mayor Furlong: Pass the hat? Worth a try. PROCLAMATION DECLARING ARBOR DAY & INVITATION TO ARBOR DAY CELEBRATION, MAY 5, 2007. Mayor Furlong: I'd like to move now to various activities, announcements associated with Arbor th Day. The City of Chanhassen is going to be celebrating Arbor Day on Saturday, May 5 at City Center Park and at the Chanhassen Library. From 10:00 a.m. til noon there will be a variety of activities offered for families and children of all ages. Children will be able to plant seeds to take home with them. Have their picture taken with Woodsy Owl. Pick up a free seedling and also have face painting set up. There will be local naturalist Jim Gilbert will be on hand from 10:30 a.m. at the Senior Center to talk about spring happenings in Minnesota outdoors. There will be an enviro show at the Chanhassen Library beginning at 11:00. Carver-Scott Master Gardeners will be available at the Chanhassen Library to answer many questions. The annual tree sale will be going on from 10:00 til noon in the east parking lot, and in the morning we'll have various volunteer groups that will be picking up litter around many of our city parks. It's a great way to get started and do some spring cleaning in our parks to celebrate Arbor Day. There is a proclamation that I'm going to ask the council to approve as a part of our agenda calling and declaring citizens to honor Arbor Day, plant trees and make our city more beautiful. At this time too I'd like to invite on behalf of the City Council and the Environmental Commission, I'd like to congratulate and invite a number of the Arbor Day poster winners to come up and join me up here. The City has been sponsoring this contest for 7 years in order to express our commitment to trees in our community. Every year the local fifth graders are invited to submit drawings based on the annual theme. The theme for this year's Arbor Day is Trees are Terrific and Forests are Too. The City would like to thank all the fifth graders at St. Hubert's School, Bluff Creek Elementary School for their wonderful drawings. We'd also like to thank Lotus Lawn and Garden for their generous donation for the grand prize winner of a tree of their choice. Please visit the Chanhassen Library plaza room over the next couple weeks to see all the posters that were submitted. The framed winning poster will hang in City Hall along with the past winners in honor. I'd like to invite at this time the runners up who will be receiving potted trees that they can pick up at the Arbor Day Celebration to come up here and join me up here. Hopefully you're here. Start with Lauren Hugh. If you'd like to come on up. Julia Priem. Emili Klauda. Olivia Lano. Zach Bowman. Claire Katehur. Britt Cahlander. If I get any of these last names right it will be a triumph. Hannah Truempi. Katie Galioto. Michael O'Brien. Now there's one I can get. Erin DeNucci and Tony Kjolsing. And then I'd also like to invite our grand prize winner to come forward. Justin Herz. Where's Justin? Hi Justin. Congratulations. Why don't you come up right here in the middle and hold your poster. This is the winning poster. It looks great and that will be hanging in City Hall, along with the others from the last 7 years. Let's give all these children a round of applause. Thank you everyone. Good job. Resolution #2007-26: Mayor Furlong moved, Councilman Peterson seconded to approve the proclamation declaring May 5, 2007 as Arbor Day in the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2 City Council Meeting - April 23, 2007 PRESENTATION OF MAPLE LEAF AWARDS TO PAST COMMISSIONERS. Mayor Furlong: We're going to present a few Maple Leaf awards this evening. Maple Leaf awards are a way for our city to recognize outstanding service by a number of residents for their service to the city. Jack Spizale has served on the Park and Rec Commission from the years 2001 to 2007. During his 6 year tenure Jack rarely missed a meeting and volunteered to work on a majority of our special event projects. While participating in the meetings Jack was a good listener, respectful of other people and willing to offer his position on various issues at hand. Fellow commissioners looked to Jack for his leadership and guidance. Many important projects were accomplished during his time on the commission, including the construction of the Highway 101 trail, Marsh Glen trail connector, the Highway 41 trail connector, city wide playground replacement projects, construction of City Center Park, Lake Ann Park maintenance facility, the Old Village Hall Plaza, and the access road and parking lot improvements to Lake Ann. Jack, on behalf of the City Council and the Park and Rec Commission and all the residents, thank you very much for your service and for all that you did. Jo Mueller is here this evening. She was appointed to the Environmental Commission in April of 1998. From that time she served as Vice Chair, or during her tenure on the Environmental Commission she served as Vice Chair from 2000 to 2002. Her accomplishments are long and impressive. She was involved in a large environmental book purchase for the Chanhassen Library, promoting environmental presentations for the Climb Theater at the local elementary schools, implementing new resident packets, promoting composting and renewable energy, producing multiple public education pieces for distribution to residents throughout the city and in the Chanhassen Villager, the printing and selling of reusable shopping bags, tote bags, and participating and helping with the th commission's float for the 4 of July parade. She was also involved with the Arbor Day Poster Contest and many environmental awards. Jo, on behalf of the City Council, staff and all the residents, thank you very much for all your service and great ideas over the years. We appreciate it. Jo Mueller: No problem. Mayor Furlong: Tonight we have Jacqui Kurvers and her family here. Mel Kurvers was a member of our Senior Commission from 1999 to 2007. Over the past 8 years Mel was a part of a team that worked to expand the senior center, encourage businesses to designate specific parking for our senior citizens, assisted with the development of congregate dining and delivery of Meals on Wheels. Was an avid supporter of the Veterans Monument that we're working on in City Center Park. Mel was an active member of the Senior Men's Club and many of the activities that occurred at the senior center. He also served many years as an election judge and was a regular th volunteer selling trees at Arbor Days. We're going to miss him on the 5. Outside of the city activities, he was also active in Chanhassen American Legion Club, the Knights of Columbus and St. Hubert's Church. Mel passed away in March of this year and I'm honored and privileged to be able to present this Maple Leaf award to his wife Jacqui and their family. Thank you very much. Jacqui Kurvers: Thank you. 3 City Council Meeting - April 23, 2007 Mayor Furlong: Okay, Dottie Shay was not able to be with us tonight. She was also a member of the Environmental Commission. She should have received her Maple Leaf award tonight but we'll try to get her back to a future council meeting to present it to her then. Can I go sit down now? Todd Gerhardt: You can sit down. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated April 9, 2007 -City Council Verbatim & Summary Minutes dated April 9, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated April 3, 2007 -Park and Recreation Commission Verbatim & Summary Minutes dated March 27, 2007 b. The Arbors, Located at 7537 and 7570 Dogwood Road, Applicant: Carlson Custom Homes, Inc.: 1) Final Plat Approval 2) Approve Plans & Specifications and Development Contract Resolution #2007-27: c. Crestview, Project 05-11: Accept Streets and Utilities. d. Boulder Cove, Project 06-15: Extend Time to File Final Plat to August 1, 2007. nd f. Approval of Stonebridge Wireless Lease Agreement, West 82 Street. g. Award of Contract, Lakescaping Project. h. Accept $500 Donation to the Chanhassen Fire Department from Custom Fab Solutions. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(i). ACCEPT $10,750 DONATION FROM DISTRICT 112 BASEBALL ASSOCIATION FOR FIELD USAGE. Councilwoman Ernst: Just a couple questions. I would like to know if the donation obligates us to anything at this point? Todd Gerhardt: Right now we're planning on building an extra ballfield out at Bluff Creek Elementary. We're kind of going to share an outfield so basically what we're going to do is put bases, a little line infield and a backstop. It's almost, we'll use all the money for that field. 4 City Council Meeting - April 23, 2007 Councilwoman Ernst: So do we have, was that in the budget? I mean I would assume that it's going to cost more than $10,000 to build the field. Todd Gerhardt: Nope. That's the cost. Councilwoman Ernst: Okay, good. Todd Gerhardt: We wanted to find a project where we could say was their's. Councilwoman Ernst: Great, thank you. Mayor Furlong: Very good. Is there a motion to approve item 1(i)? Councilman Litsey: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on the motion? Councilman Litsey moved, Councilman Peterson seconded to accept the $10,750 donation from District 112 Baseball Association for field usage. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Ross Gullickson: Good evening Mr. Mayor, members of the council, city staff. After being on vacation last month it's good to see everybody again. You know it never fails, I leave on vacation thinking that it will be warmer than back here, and it never fails, you have record high temperatures so I spent all that money for nothing but it's certainly good to see you all again this evening. Sheriff's report and month statistics for March, 2007. There were 78 criminal calls for service last month, consisting of 25 Part I crimes and 53 Part II crimes. Interestingly reported Part I crimes from February until March remain steady with 25 incidents being reported for each month. Part II crimes saw an increase from 28 in February to 53 incidents in March. Part I offenses were broken down into the following. We had 7 burglaries that were reported in March. Further research into these reports revealed that only 3 of those reports were actual burglaries. The remaining 4 consisted of 1 burglary attempt and 3 reports that were unfounded in that further investigation indicated that no criminal act occurred. There were also 15 thefts and 3 vehicle thefts reported in March. Theft reports consisted of a few reports of theft from construction sites, gas drive off's, thefts of mailboxes, etc.. The vehicle thefts that were reported consisted of a trailer that was stolen and the remaining 2 were unfounded. They turned out to be civil manners and that there was again no criminal act. Part II offenses, as I stated before, Part II offenses saw 5 City Council Meeting - April 23, 2007 an increase from February until March. As I have reported to the council many times in the past, the majority of these incidents center on property damage and theft. Again, the crime statistics relevant not only to Part II crimes but to Part I crimes, indicate that the majority of our criminal activity here in Chanhassen is centered on property crimes. The stats indicate that these property crimes are fairly minor in nature and usually are associated with juvenile activity consisting of spray painting, mailbox thefts, damages, egging, thefts from vehicles, disturbing the peace calls, etc.. In addition juveniles have the likelihood of becoming victims of crime committed by older perpetrators. As in years past with the warmer weather soon approaching and pretty much well under way, we will begin to see an increase in juvenile activity within the city. Thus we will begin to see an increase in these types of calls. To address this I've directed Chanhassen deputies to actively enforce the curfew ordinance, not only to prevent juveniles from committing crimes but more importantly to protect them from becoming victims of crimes themselves. So non- criminal calls for service in March, there were 1,063 non-criminal calls which brings us to a grand total in March of 1,141 calls for service handled by Chanhassen deputies. There were 296 traffic stops that were initiated last month, and 219 citations were issued city wide. But I do want to note an error on your crime stat packet. If you would, your first page there that has the listing of citations and Part I and Part II crimes, the number that you have I believe is in error in that the first two columns, it says 2006 for the first two columns and 2005. It should be 2007 and 2006. And to that end, the year to date total of 902 citations, that was wrong. There's an automatic calculation that's entered on the database down at the sheriff's office. That's been corrected so year to date totals for citations in Chanhassen are 682. Finally I wanted to update the council on some recent media attention that we've had regarding some coyotes on the loose in Chanhassen. Fox 9 News ran a special last week regarding an increase in coyote sightings in the city, and voiced some concerns on safety. We have had several reported sightings over the past 2 to 3 months, about 20 to 30 reported sightings that citizens have seen the coyotes running th along 78 Street in the Lake Minnewashta area. Powers Boulevard. And the first of these reports consisted of an injured coyote who was limping on it's hind quarters and we also received a report that there was an arrow that was stuck in the animal. We have not received any reports of that specific animal as of late and I'm assuming that it has succumbed to it's injuries somewhere. But we have had numerous reports of healthy coyotes running around the city. I do want to stress to the council they present no danger to humans. Small domestic animals and pets can be at risk if left unattended for periods of time, but there have been no reports of coyotes attacking a human throughout the state, and that was one of the concerns that the news media did have. The city does have some tips on coyotes and what to do when you see one, and they can access that informational page via the city's web site. With that Mr. Mayor, members of the council, that is the monthly update for the sheriff's report for 2007, March. I would turn it over to you for any questions, comments or concerns from the council. Mayor Furlong: Thank you. Any questions for Sergeant Gullickson? Councilman Peterson: Sergeant, probably you've seen this before but it raises a question now because I can't remember what it is, but under the charges that are literal, what's the charge for traffic control device? Sgt. Ross Gullickson: What is the charge? 6 City Council Meeting - April 23, 2007 Councilman Peterson: Yeah, or what is the. Sgt. Ross Gullickson: What is the violation? It's traffic control device can mean just about anything. It can be a stop sign. Semaphores. Anything that will control traffic out on the highways. Councilman Peterson: You weren't acknowledging that the light was red, etc, etc, so it's a generic term? Sgt. Ross Gullickson: Yes. Councilman Peterson: Thanks. Mayor Furlong: Any other questions? No? Very good, thank you. Sgt. Ross Gullickson: Have a good evening. Mayor Furlong: Good evening. Chief Geske is here from our Chanhassen Fire Department. Good evening Chief. Chief Greg Geske: Good evening. Apparently last month was the month for vacations. I was on vacation also. Last week, first I wanted to report last week we did have a CPR save. In fact tonight it is our practice that we give a CPR save pins out to the fire fighters that are involved and we had a presentation tonight at our training. Hopefully the person we worked on full recovery, but we did have a CPR save and it's pretty exciting when that does happen. We had a pancake breakfast beginning of the month. It's kind of feast or famine. Last year we ran out of sausages. This year we had all kinds of extras so we can never plan too good but was a good turn out. It's always good to see the little kids come in their full dress turn out gear. I imagine it's pretty exciting for them to come up to the fire station and see them up there so, that was a good turn out and we had fairly good weather. Recently, in the past week we have had a couple water related calls and I do want to bring to everybody's attention that the water is very cold. We had 2 over turned boats. In one situation they did have life jackets on. The other situation they did not. It was very lucky to I guess to get to shore in that case. The water is very cold. I just want to emphasize that we do practice safe boating out there, especially in this cold time and having the life jacket use. We do have a dive team but we don't like to put them in service. The other thing that I'd like to bring up is the, you'll see it in the news, I believe it's media day on th May 9, but we are participating along with St. Louis Park, Eden Prairie, Plymouth, Minnetonka, Edina and Bloomington Fire Departments in the 2007 Fire Service Women's Expo. Started last year. Eden Prairie saw I guess it as an untapped resource. We don't see as much women in fire th service so they initiated it. We joined in and we actually have a day, we'll be on May 19 at the South Metro Public Safety Training Center. It's a day for women to come and find out what the fire service is about. They can put out actual fires that we have. Extradite people from cars. Do physical agility and it was a great turn out last year and we hope for a great turn out this year also. Welcome any women that are watching to, if you're interested in becoming a fire fighter and you'd like to find out what it's about, you can contact me at my email and I'll forward the information on so like I say, it was very good last year and we have our, we have very many 7 City Council Meeting - April 23, 2007 women fire fighters on our department and basically they go out there and do all the showing off also so it's a great asset. Basically it. Mayor Furlong: Okay, thank you. Any questions for the Chief? Comments. Very good, thank you. Have a good evening. KOEHNEN AREA/YOSEMITE AVENUE STREET RECONSTRUCTION PROJECT 07- 01: A. ASSESSMENT HEARING. B. ACCEPT BIDS & AWARD CONTRACT. C. APPROVE CONSULTANT CONTRACT FOR INSPECTION SERVICES. Public Present: Name Address Marcus Thomas Bolton & Menk, Inc. Mike & Reva Schmidt 6470 Yosemite Avenue rd Willard & Shirley Johnson 1660 West 63 Street Victoria Simpson 6430 Yosemite Avenue Shirley Garcia 6420 Yosemite Avenue Kara Stoddart Witt 7305 Galpin Boulevard Doug Schrurich 6320 Yosemite Avenue rd Russ Stoddart 1611 West 63 Street Paul Oehme: Thank you Mayor, City Council members. The Koehnen/Yosemite street improvement project was originally proposed for construction in the summer of 2006. However due to delays in obtaining the necessary Minnesota Department of Transportation designation for Yosemite, the project was delayed one year. The proposed improvements have not changed from the 2006 project. Staff has held two neighborhood meetings for this year's project. The last one was on April 11, 2007. At that meeting about 12 property owners did attend. For tonight's assessment hearing there are 67 notices that have been sent out. Staff has proposed improvements for these streets based upon several factors. The watermain in this area, we have documented 24 breaks and the most recent one has just been last January. Part of it is cast iron and is notorious for breaking. Portions of the sanitary sewer mains in this area have egged or flattened out and cannot be maintained properly at this time. Egged pipe could cause sewer back-up's and again if the pipe's not maintained properly. The drainage in this area is also very poor. Storm water drainage. There is no perceived water quality elements currently that exist in this area before the water discharges into water body. Last year, as council may recall, the City did purchase several drainage and utility easements and did purchase one property owner, property to facilitate future water quality benefits in this area. The City pavement management program has rated these streets as being very poor and recommends them being replaced. The streets, typically are about 35 years old and city crews annually have to patch potholes in this area constantly. I had asked the consultant for this project to give a brief explanation of the work along with the proposed assessment amounts. Any issues that the City Council wishes to discuss 8 City Council Meeting - April 23, 2007 regarding the project financing are appropriate during the assessment hearing portion of the project. Public testimony should be received for the project. The property owners should be reminded that they must file written objection for the City to either, prior to or during the actual assessment hearing. Objections for the public hearing, after the public hearing are invalid. The assessment objection is a request by the property owner for the council to review the assessment amounts. Staff may have an immediate response to the individual comments or in some circumstances the objection should be received for further review by staff. The remaining assessment roll should be however adopted. If this council feels that the objection cannot be addressed immediately, the report will be presented to council on a future council agenda. The council however should adopt the remaining assessment roll at this time in order for the project to proceed on schedule. If there are no objections filed, or the City Council feels confident of the city staff's investigation of the results and any changes being made to the assessment roll, a motion by the City Council adopting the assessment roll as prepared is needed for the project to move forward. To date no assessment objections have been received by staff. At this time I'd like to have Marcus Thomas with Bolton-Menk give a brief presentation on the scope of the project. Marcus Thomas: Thank you Paul. Thank you Mayor, council. As Mr. Oehme suggested I just want to offer a very brief description of the overall project improvements associated with the Koehnen area improvement project. I'd be happy to answer any specific questions that you might have if you want any more details. In general we're proposing to reconstruct the street corridors within the Koehnen area neighborhood, which includes Koehnen Circle West, Koehnen rd Circle East, West 63 Street between Cardinal Avenue and Yosemite Avenue, Cardinal Avenue itself, Blue Jay Circle, Audubon Circle and Yosemite Avenue. The proposed improvements include the reconstruction of the overall bituminous streets. The current conditions of the streets are such that continued maintenance operations are no longer cost effective and that reconstruction of these corridors is required at this time. In conjunction with the street reconstruction we are proposing new concrete curb and gutter along the corridors which will improve drainage throughout the neighborhood as well as extend the overall life of the bituminous pavements. In conjunction with the curb and gutter we are also proposing new storm sewer throughout the neighborhood. Currently there is little to no storm sewer within the Koehnen area neighborhood and the addition of the storm sewer in conjunction with the curb and gutter will improve drainage dramatically throughout the neighborhood. There are 3 storm water quality ponds associated with the new storm sewer improvements. One of which is proposed on rd the south side of West 63 Street. The second proposed at the east end of Koehnen Circle East and finally a third pond proposed at the south end of Yosemite Avenue on it's east side. Additional utility improvements associated with the project include watermain replacement and sanitary sewer replacement. As Mr. Oehme's mentioned, there have been numerous watermain breaks throughout the neighborhood suggesting that the overall condition of the watermain has deteriorated to the point where complete replacement of the watermain is necessary and therefore that is proposed as a part of this project. With regards to sanitary sewer, televised reviews of the sewer have identified several segments throughout the neighborhood where the pipe has become squashed or egged, reducing the capacity of the pipe as well as increasing maintenance needs upon that pipes so those sections have been identified for replacement as a part of this project as well. So overall complete reconstruction of the streets including new curb and gutter. New storm sewer throughout the neighborhood along with storm water quality ponds. Complete 9 City Council Meeting - April 23, 2007 replacement of the watermain and segments of the sanitary sewer being replaced as a part of this project. With that I'll answer any specific questions that you have. Mayor Furlong: Thank you. Any questions for Mr. Thomas or staff? Councilman Litsey: I just had one quick question. If my memory serves me right there was an issue over the type of curb. Has that been resolved with the residents or is it? Paul Oehme: Yeah, actually when we went out for bids we did have a bid alternate included in the project for curb and gutter. We did receive bids on those. At the neighborhood meeting that th we had on April 11 we did talk to the property owners that did attend that meeting, plus we did call several other people and the feedback that we received from the property owners was more or less indifferent. The property owners, there was actually if you recall the public hearing that we had back in January there were 2 property owners that requested us to look into that. We did contact both of them and at this time we kind of, we did show them both the pros and the cons of each of those type of curbs and the B-618 curb, the high back curb that we have proposed in the background, that's the recommended curb that we would recommend that the council approve at this time. So we did talk to the property owners. We did receive feedback from them and most of them did not have a strong feeling that the surmountable curb should be installed. Councilman Litsey: Great, thanks. Mayor Furlong: Thank you. Any other questions on the scope of the project or other details? Okay. If not then I will use this opportunity to open the public hearing with regard to the project and I guess this is a public hearing with regard to the proposed assessments. And with that I would remind residents if they intend to object to their assessment they need to provide a written objection prior to the public hearing being closed. So if there are any questions you can certainly ask us as well. At this time then I will open the public hearing and invite any interested parties to come forward to the podium. Please state your name and address so we can address your questions and concerns. Mike Schmidt: Mike Schmidt. I live at 6470 Yosemite Avenue. One of the questions I had was rdrd the storm sewer that's going down Yosemite from 63, or south of 63. All that water that goes rd down there now, does that drain to the pond on the east side of Yosemite? At 63. Goes to this pond here, through here? Marcus Thomas: Yeah, there is a good amount of that water that currently drains toward that pond. Mike Schmidt: Now here you're going to need at least a 20 foot cut for the pipe. This is really, really expensive for this water to go to here to a holding pond that is eventually going to make it back to here because that is where this pond area water goes. Correct? Marcus Thomas: That water is being routed to a holding pond for water quality purposes before being released into the wetland pond down there, correct. 10 City Council Meeting - April 23, 2007 Mike Schmidt: Is it that important to go down there? I mean that's very, very expensive for just that storm sewer there. Marcus Thomas: The water quality ponds that are being proposed throughout the project are proposed not only to improve water quality going into the natural low areas such as this one, but also to detain and create rate control to make sure that the water's not getting to those points too quickly as well so. They are important elements as part of the overall storm water management plan for the area. Mike Schmidt: I don't understand why it would have to go all the way around here to get to here when it can go here already and naturally flows there… Marcus Thomas: And again this, maybe Paul can speak to the assessments and the storm sewer not being part of that. Paul Oehme: Sure. Thank you Marcus. The pond that has been identified east of there, I believe it had some wetland characteristics around it and current city code does not allow us to drain additional runoff into those type of wetlands. We do have to pond water off of impervious surfaces like streets into designated water bodies that do not have wetlands associated with them so that is one of the requirements that the DNR and the watershed district requires us to do. Mayor Furlong: And I guess the other question in regards to assessments, the assessments don't include anything with regard to storm water management. Paul Oehme: Absolutely. The assessments just reflect the benefit that the property owners receive based upon just the roadway improvements associated with the project. The City will pick up 100% of the stormwater cost, the watermain and the sanitary sewer improvements. Mike Schmidt: Okay. Mayor Furlong: Thank you Mr. Schmidt. Anyone else. Public hearing is open. Good evening. Shirley Garcia: Hi. Shirley Garcia and I live at 6420 Yosemite. I have a question as to was there ever a thought plan to going underground with these lines rather than moving the pole like 10 feet into my yard rather than leaving it where it is and the necessity of damaging my trees and all the lilac bushes that are in the way now because of moving the line. What are the thoughts of going underground? Mayor Furlong: You talking with regards to the electrical utilities and the other utilities? Shirley Garcia: Utilities and electricity. Paul Oehme: Yeah, we worked with Xcel Energy on these type of situations. Xcel does not pay for undergrounding. If the city prefers to see that utility undergrounded, the City would have to pay 100% of that cost. That was not factored into the budget at this time. There, by moving the 11 City Council Meeting - April 23, 2007 poles we do need additional room to facilitate construction of the roadway, that's why the poles have to get moved. But they are staying within the city right-of-way. They are not going on private property. Shirley Garcia: It's a big chunk of city right-of-way on mine. And anyway, you also don't realize that the power poles are not power poles. They're telephone poles owned by Qwest. Qwest already has underground all throughout that area, all the way down Yosemite there underground. They still have overhead lines up but they're not servicing anything. They're going to be putting 45 foot poles in our yards and heightening the electric and the necessity of phone will not be needed on those poles. And as for, it was a very nice presentation for Arbor Day and so forth and I'm for planting trees and I'm very concerned about the birch tree that my husband and I did put in our front yard because now with putting that line back farther, you're jeopardizing my birch tree. Definitely the lilac trees which I hope the City plans to move where I prefer them to be moved. And other than that, the underground, you know, it'd be a real nice thought. The pine trees that are at your parents yard. Audience: Yes I know. They're going to be ruined. Shirley Garcia: They're going to be gone. By moving this line of power poles back, you're really ruining a beautiful line of very, very old pine trees so I don't know. You know some of these things have been thought about, talked about that much but it's really a concern. The trees that will be damaged by moving these poles back and the possibility of going underground because it's only going to be power and cable. Telephone's already underground and they're their poles. Paul Oehme: We can definitely look into that situation. I wasn't aware that they being moved that close to say lilac bushes or pine trees. Shirley Garcia: It's a big line of trees. Paul Oehme: If the project moves forward tonight, we do have a pre-construction meeting scheduled for I think Thursday where all the...will be there and we will discuss that issue with them to see what we can do to maybe limit the amount of distance that the power poles can be moved, but I don't think undergrounding is an option at this time. Mayor Furlong: Okay. Shirley Garcia: And also is it the request of the people living on these streets that want the curb and gutter? We kind of like the old neighborhood look and not your suburban housing area where you plant house seeds and they've all grown and multiplied beautifully out here in our good old farm country and we all kind of like our road the way it is. Just a natural looking kind of little bit of an old country road and curb and gutter is now being said, we're going to have that. And when is the public hearing date that you're supposed to have a letter in by? If we want to. Mayor Furlong: Right now. Right now. This evening. This is the public hearing. 12 City Council Meeting - April 23, 2007 Shirley Garcia: Oh, this is the date that we, because it's kind of hard to understand some of this legal stuff for us non-legal people of the date that you. Mayor Furlong: And we'll blame our city attorney for any, for the legalese. Shirley Garcia: Okay, Mr. Knutson. Mayor Furlong: Yeah, but Mr. Knutson, with regard to if somebody wants to file an objection. How do they go about doing that? Roger Knutson: If you want to file an objection before tonight's hearing is closed you just need to write a statement stating what your objection is and signing it and leaving your address. That preserves your right to bring this into district court if you desire to do that. Shirley Garcia: Okay, thank you. Those are some questions that I have. Mayor Furlong: Okay. The curb and gutter was a question. Why that's included in this project. Paul Oehme: The curb and gutter is included again for water quality benefits. We need to direct that runoff into catch basins and then into storm water ponds. That is the practice. That is our typical design for new streets, reconstructed streets so, that's the impetus for including the curb and gutter. Plus it does give some benefit for the longevity of the streets. It does hold the edges of the pavement better. It gives it some more support basically so, and then it also does provide us better opportunity, if and when we need to mill and overlay the project, it does give better constructability to that. And it's just a better design constructionly so. Mayor Furlong: Okay. Alright. Shirley Garcia: Thank you. Mayor Furlong: Thank you. Anyone else? Ms. Garcia, do you plan on filing a written objection? Shirley Garcia: I'm going to do that now. Mayor Furlong: Okay. Alright, that's fine. If you do it right now. If nobody else wants to speak what I'm going to do is close the public hearing and I wanted to make sure if you wanted to do that. So, with that, if no one else wishes to speak this evening at this public hearing, is there a motion to close the public hearing? Councilman Peterson: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. 13 City Council Meeting - April 23, 2007 Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Peterson moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Mayor Furlong: Any follow-up questions by members of council for staff or Mr. Thomas? Councilman Litsey: I just had a quick question on the utilities. Was moving them back more to facilitate construction of the road or it's meant to permanently have a setback right? Paul Oehme: Typically when the move the pole, it will be set permanently. Councilman Litsey: Okay. Paul Oehme: So, and again we will definitely work with the private utility company on that issue. I wasn't aware that you moved back that far so. Councilman Litsey: Do your best to mitigate that. Paul Oehme: Absolutely. Absolutely. Councilman Litsey: Okay. Mayor Furlong: Okay. Thank you. Any other questions? If not then discussion. On the project. On the assessment hearings. The reasonableness of the assessments. Whether or not they're consistent with our practices. Any discussions about the bids? Contracts. I'd kind of like to keep going if we can unless there's from staff additional information we need to know. Are you planning to give a report on items 3(b) and (c) as well? Paul Oehme: I can. If you'd like us to. Mayor Furlong: Why don't we move to that right now and then we can address the item in it's entirety. Marcus Thomas: Thanks again Mr. Mayor and council. With regards to the bid opening and the th proposed award of bid. The City held it's bid opening on Thursday, March 15 at which time five bids were received for the improvement project. All of which came under the engineer's estimate. The engineer's construction estimate for this project was approximately $2.7 million dollars. The low bid on the project came in by a contractor by the name of S.M. Hentges and Sons. Their bid amount was just under $2.3 million dollars. The detailed breakdown should be included in your council packet. Their bid was approximately 15% below the engineer's estimate. As previously stated there were actually two bid alternates offered with this project. One being the surmountable curb and gutter as opposed to the B-618 curb and gutter, which was rejected based on earlier discussions regarding the hydraulic capacity and overall benefits to the neighborhood. The second alternative was getting consideration to the utilization of high density 14 City Council Meeting - April 23, 2007 polyethylene or HDPE, plastic storm sewer pipe on this project in lieu of more traditional reinforced concrete pipe for the storm sewer. This particular project, the staff elected not to utilize the HDPE pipe on this particular project given the city's, doesn't have much experience with this pipe. In conjunction with the large magnitude of storm sewer that's going to be going in on this project, staff preferred to experience their first use of this pipe on a smaller scale as opposed to this large scale storm sewer project. So that particular bid alternative is not being recommended to be accepted. With that the recommendation is to award the base bid of the project, without the alternatives, in the amount of $2,271,502.88 to S.M. Hentges and Sons. With that I'll stand for any other questions. Mayor Furlong: Thank you. Any questions with regards to the bids? No? Okay. Item 3(c). Consultant contract Mr. Oehme. Paul Oehme: The consultant contract is for Bolton-Menk services for construction administration. That includes construction staking, construction observation, and construction administration. Staff did receive competitive bids from other consultants. Actually it was back in 2005 for this work. This agenda item is just to update their consultant fees. Actually they're hourly rates from 2005 to 2007. And staff has reviewed their numbers and finds them appropriate. The contract is written so it will be on a time and material basis, not to exceed. Mayor Furlong: Thank you. Any questions with regards to the consultant contract for inspection services? Councilman Litsey: And you reasonably expect that you'll be able to stay within that number? Paul Oehme: Right. Yeah. Councilman Litsey: It's a realistic number? Paul Oehme: We feel it's a comfortable number. Depending upon weather conditions and what kind of things we run into during the construction, it could go up. If it goes really well, it will go down. Mayor Furlong: Okay, thank you. Any other questions or discussion? Okay. Seeing none, we'll open up for comments or discussion on items 3(a), (b) and (c). Comments from council members. Councilman Peterson: Seems reasonable. The numbers look better than we hoped so that's always a good sign. Mayor Furlong: Thank you. Any other thoughts or comments? Councilman Litsey: I feel the same thing. I'm pleased with the numbers. Mayor Furlong: This is a project that we've been working on. It's not the first time that we've been talking about it. I know a number of the residents have been involved and had questions 15 City Council Meeting - April 23, 2007 raised and answered over the last year and a half as well so. I think it makes sense to move forward. The numbers are coming in good relative to estimates and this is going to be a good project. One that needs to be done and I commend our engineering staff and Mr. Thomas and his staff for all the work that they've done to get this project ready to go. So with that, we have a resolution adopting the assessment roll, resolution accepting bids and awarding contract for the construction, and then another one with regard to the consultant contract. Is there a motion to adopt those resolutions as presented in the staff report? Councilman Peterson: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Litsey: Second. Mayor Furlong: It's been seconded. Any discussion? Or any questions on the motion. Either resolutions on items 3(a), (b), and (c). No discussion? Resolution #2007-28A: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the assessment roll for the 2007 Street Improvement Project 07-01 and adopt a resolution for the assessments. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2007-28B: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the resolution accepting the bid and awarding the contract to S.M. Hentges & Sons, Inc. in the amount of $2,271,502.88 for the Koehnen Area/Yosemite Avenue street and utility reconstruction. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2007-28C: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the quote for Construction Administration Services to Bolton & Menk, Inc. in the amount of $110,900.00. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER VACATION OF EASEMENT IN LOT 1, BLOCK 1 & OUTLOTS A & B, BLOOMBERG ADDITION (COUNTRY SUITES), VACATION FILE 07-03. Paul Oehme: Thank you Mayor, council members. The vacation of drainage utility easement before you, for your consideration tonight. They're located on Block 1, Lot 1 of Outlot A of Bloomberg Addition. The easement was granted in 1972 in conjunction with a sewer and water project. The site plan for the Country Inn and Suites was approved in 1989. Utilities within this easement were relocated in conjunction with the building construction. However the easement was never vacated. Gopher State One has been called to locate any private or public utilities th within the proposed vacation of easement and just to point out here for you real quick. The 78 Street is right here and Market Boulevard is right here. The area in green shown in the proposed easement to be vacated and a portion of the easement is within the building itself. Gopher State again did not find any private or public utilities except for transformer box at the south end of the 16 City Council Meeting - April 23, 2007 easement area. Staff recommends that the easement being as proposed tonight be vacated in conjunction with the property owner will need to dedicate an additional easement over that transformer for future maintenance. Staff recommends that the vacation of the easement at this time and ask that a public hearing be opened. Mayor Furlong: Thank you. Any questions for staff? Okay. Seeing none then at this time I will open a public hearing and invite all interested parties to come forward and address the council on this matter. Last call. Seeing no one we'll close the public hearing without objection. Bring it back to council. Any follow-up questions for staff? Any discussion on the matter? Pretty straight forward. Is there a motion to approve? Councilwoman Ernst: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2007-29: Councilwoman Ernst moved, Councilman Peterson seconded to approve the vacation of easement on Lot 1, Block 1 and Outlots A and B, Bloomberg Addition (Country Suites), Vacation File 07-03 contingent upon simultaneous recording of the easement dedication. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Mayor I have one item. I sent you an email regarding a ULI conference regarding outdoor malls and if anybody's interested in attending to learn more about outdoor malls and outdoor retail developments, this is an excellent seminar. David Patchin is with Four City Development. That's one of the groups interested in putting a potential outdoor mall into Chanhassen so I think this would be a great opportunity for anybody, we've got several staff members that are going to attend, to learn more about developments like this. So if anybody's interested, just let me know and I can sign you up to attend. Last thing, I have kind of a little show and tell item here. We've had numerous watermain breaks throughout the community in the past several months. A big factor that went along with these watermain breaks have been hot soils and what hot soils are is where the soil starts to take advantage of any of the metals and this is an example of a gate valve to a watermain. This is probably about the third the size it should be, and I'll just pass that around. You can see where the hot soils have just basically attacked the metal. This is a typical bolt that we use for sewer lines and water lines. This is one that's about 12 years old. Both of these are about 12 years old and this is one that's really been attacked by the hot soils so, some of the things that we're doing to try to eliminate this is, you can see a coating on that gate valve. It's a petroleum base tar material. That slows it down but the soils can still seep in there and attack the soils. One of the other things that we're doing is lining our 17 City Council Meeting - April 23, 2007 pipe by putting it in a basically a plastic bag to separate the soils from the metal. And we think that is probably the best defense that we can do. And whenever we have the opportunity to get away from using metal, we try to do that too and using PVC piping. So I just wanted to give you an example. I'm always amazed to see what happens out in the field and that's one. Paul, anything you want to add to that? Paul Oehme: No. That's good. We have documented 10 watermain breaks so far this year so it's a little bit above average. Todd Gerhardt: Wouldn't you say most of those were the hot soils? Paul Oehme: All of them are hot soil issues and it's 12 years and older pipe. Nowadays we are, like Todd said, we are wrapping the pipe. We are using PVC products. We are using different inert type of material to rectify that situation so, we should have a good system from here on out but it's just addressing the older stuff in the system. We have contacted the Ductile Iron Pipe Association in Nebraska too in working with them on a few other items that we might want to look at for the existing stuff in the ground right now. Mayor Furlong: Is there, do you plan anticipate a planned replacement to avoid breaks? Is that feasible or are there grant money? Paul Oehme: It's very costly. We're not anticipating at this time, just kind of addressing it on a time and material basis. And we are looking at, like I said, different other products with the Ductile Iron Pipe Association. It's call an anobake. It's basically, it's a zinc bake of material that you can tie into, to ductile inner pipes to. The zinc deteriorates before the pipe does so we are looking at installing those type of products in the system right now and also some anonuts that do onto any watermain breaks. New bolts we are actually looking at putting some of those on as well too so. We've been researching and doing some other initiatives to try to maintain the pipe system as long as we can. BL: …the newer methods? Paul Oehme: Yeah. They're the PVC products. The pipe that we're using, they don't know. They're saying 50 years but they can't test it really any longer than that so. That's what we're saying is 50 years so. Todd Gerhardt: So as you're driving around the community and you see some of the hydrants with this plastic sticking around it, that's the plastic bag that you basically put that pipe in. We did a lot of it with the water treatment plant with all the fresh water pipes that are going from the wells to the plant. Those are all, been placed in plastic bags and surrounded with a good 2 feet of sand too to keep it away from those hot clay soils. With that, that's all I have. We will extend our work session after this to talk about wetland setbacks and impervious/pervious coverage issues. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? From council. No? 18 City Council Meeting - April 23, 2007 CORRESPONDENCE DISCUSSION. None. Councilman Peterson moved, Councilwoman Ernst seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 19