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1992 01 13CHANHASSEN CITY COUNCIL REGULAR HEETING 3ANUARY 13, 199~ Mayor Chmiel called the meeting to order at 7:30 p.m.. The meeting was opened with the Pledge to the Flag. MEHBERS PRESENT: Mayor Chmiel, Councilman Mason, Councilman Workman, Councilman Wing and Councilwoman Oimler STAFF PRESENT: Don Ashworth, Roger Knutson, Todd Gerhardt, Charles Folch, Paul Krauss, Sharmin Al-Jarl, Scott Hart, Todd Hoffman, Kate Aanenson, Harold Brose and Jerry $chlenk APPROVAL OF AGENDA: Councilman Mason moved, Councilman Workman seconded to approve the agenda as amended by Councilman Wing to include the TH 5 Corridor Study under Council Presentations. All voted in favor and the motion carried. PUBLIC ANNOUNCEHENTS: Mayor Chmlel: We have a couple of public announcements. I'd like to recognize the Scouts that are here from Pack 330. That is the Cobra Den. It's consisting I believe of 5th graders from an assortment of schools or just one. Two? Very good. And we have our leaders here, Pat Albrecht and Hike Parisien. It's just almost as difficult as trylng to say Chmiel. But they're here thls evening to earn a citizenship badge and observe government in action and they chose to come to the Council meeting today and we welcome you here and thank you for coming. Good show. Councilman Workman: Mr. Mayor? Mayor Chmiel: Yes Tom. Councilman Workman: You can take this anyway you want but I myself lsa product, is? Was a product of the 330 Pack when I was down at Chaska and had my pack at that tlme oome to the Council meeting and seen some of the sinister looking characters in the room here tonight, I wonder if things would have turned out for me the way they have. Mayor Chmiel: Well I think probably most of us were Boy Scouts at one ttme, at least I was 100 years ago. Councilwoman Oimler: I was too. Mayor Chmlel: Okay. With that I would like to provlde the Maple Leaf Award which I'm going to present to Curt Robinson. Curt would you come forward please? Z must say that our Maple Leaf awards seem to be getting larger and heavier. Only because of the people who have really given of themselves to the Clty. At this time I'd like to present you with the Maple Leaf Award. Presented to Curt G. Robinson, Park and Recreation Commission member 1986 thru 1991. Glving 6 years of hls service and time and devotion to make sure that Chanhassen's a little better place to live and we really appreciate that. This ls given to you in recognition of outstanding volunteer service for the City Council Meeting - January 13, 1992 community. Chanhassen City Council indicates their pleasure of presenting this plaque to you and saying thank you very much and appreciate having you here. Curt Robinson: Thank you. Mayor Chmiel: By the way ue'],l have another name put on that plaque. Councilman Workman: Forget the Hayor did they? Mayor Chmiel: Yeah. Are there any other public announcements? If seeing none we'll move right along. ORGANIZATIONAL ITEMS: Don Ashworth: How would the Council wish to proceed? Do you want me to present each individually? Discuss them and then you take them as a group or do you want to act after each one? Hayor Chmiel: I think what we should do is go through each one and then act on each one accordingly as we go through them. A. RULES OF PROCEDURE. Don Ashuorth: The first item under your organizational items is Rules of procedure. That's for how the City Council will operate, conduct it's business durlng the course of 1992. The Rules of Procedure recommended for 1992 are exactly the same as you operated under in 1991. One change is to the meeting schedule of the Counc11. Zncluded in your report ls recommendation from staff where there's been conflicts with holidays, etc.. Hopefully the Council will find that in order or change it accordingly. Mayor Chmiel: Okay. can I have a motion to accept the Rules of Procedure. Resolution #92-01: Councilman Mason moved, Councilwoman Dimler seconded to accept the Rules of Procedure for 1992 as presented. All voted in favor and the motion carried unanimously. Don Ashuorth: Question. Did that include then the calendar? Mayor Chmiel: It did include, yes. B. OFFICIAL NEWSPAPER. Don Ashworth: The official newspaper. We've had two requests to be considered as the official newspaper. The Sallor as well as the Villager. The City Attorney has taken the positlon that to be designated as the offlclal newspaper for tile City which includes all of our legal notices, general business of the City, a newspaper that resldes wlthln that community has to be chosen over a newspaper not located wlthin that community. Accordingly the Councll really has no cholce but to name the Villager. Staff is recommending the Villager be named. City Council Meeting - January 13, 1992 Councilman Workman moved, Councilman Mason seconded to chose the Villager as the Official Newspaper for the City of Chanhassen. All voted in favor and the motion carried unanimously. C. OFFICIAL DEPOSITORY. Don Ashuorth: The official despository is being recommended as Cha'nhassen State Bank. That is where all of the daily receipts, expenditures of the C£ty are carried out. It should be noted that the City does go through a bidding process in regards to all of our investment activities. You will be bringing back a separate resolution shoving those firms with which we do carry out competitive bidding for our investments. But general banking ua're recommending Chanhassen State Bank. That remains the same as in previous years. Councilman Workman moved, Councilwoman Dialer seconded to appoint Chanhassen State Bank as the Official Depository of the City of Chanhassen for 1992. All voted in favor and the motion carried unanimously. Mayor Chmiel: Kevin, do you wish to say anything? Kevin:, Not unless anyone has any specific questions. We've had a good relationship with the City and expect it to continue. Mayor Chmiel: What's the rate of interest now? Kevin: What time is it? D. CITY ATTORNEY. Don Ashuorth: The City Attorney is the next item on your organizational items. Staff is recommending continuation with Campbell, Knutson, Scott and Fuchs as City Attorney. Councilman Workman moved, Councilman Mason seconded to reappoint the firm of Campbell, Knutson, Scott and Fuchs as the City Attorney for 1992. All voted in favor and the motion carried unanimously. E. BOND CONSULTANT. Don Ashworth: Bond consultant and the City Auditors, we did go through a biddlng process approximately 2 years ago for services in both of those areas. I believe that it was understood that we would stay wlth both of those two firms for a 3 year period. I see this as the end of that 3 year period and accordingly we're recommending that Sprlngsted be selected as the Bond Consultant for 1992. Councilman Workman moved, Councilwoman Dimler seconded to reappoint the firm of Springsted as the Bond Consultant for 1992. All voted in favor and the motion carried unanimously. City Council Meeting -, January ~3, 1992 ACTING MAYOR. Don Ashuorth: Acting Hayer is again a position to act as Mayor pro tom in his absence, That Lsa selection, lt's solely Council decision, ~ 3/4 majority vote is necessary. Staff ls not a part of that process. Hayer Chmiel: Okay. I would ask for a motion if anyone so chooses, Councilwoman Dimler moved, Councilman Wing seconded to choose Councilman Mike Mason as Acting Hayer for lg92. 611 voted in favor and the motion carried unanimously. G. WEED INSPECTOR. Don Ashworth: Under State Law, City Council must act to appoint a weed inspector. The M~zyot' is officially the Weed Inspector for the city, Staff position is typically taking care of the day to day activities associated wlth identification of noxious weeds and notification of owners to remove those. Bob Zydowsky within the community service area has expressed an interest in carrying o~lt thls runct.ton for us for 1992 and staff is so recommending that the Mayor be selected as the Weed Inspector with Bob Zydowsky being appointed as Deputy. Councilwoman Oimlor: So moved. Councilman Workman: Second. Mayor Chmiel: Is there any discussion? Councilman Wing: I really like the ring of this. It's classy. Nothing else. Hayor Chmiel: Tom, Councilman Workman: I guess I read through the memo. It sounds like we're going to try and beef ~his up ~ little bit but we h~vem~'t been too effective. Maybe lt's because the Weed Inspector General and maybe Bob wlll shake it up but you see a clear violatio;~ ~nd there's little that we're able to do and that's klnd of aggravating. Mayor Chmiel: There's a hard distinction between some regular weeds that are weeds and those (lla[ are noxious weeds. When you get prairie grzsses mixed in wlth it and some people are growlng pralrie grass as a lawn, it becomes a problem_ Councilnlan Workman; Let me ask this questlon of you, the professional in this area. Z drlve by a lawn and I see that clearly the residents mlzst have a Great Dane or something because the spots in the yard are rather large but lt's ina drought time of year ,tnd the lawn t'eally all would be very dried out except in those spots where it's been fertilized by the pet. And the grass there is thls t~11 and you've got these sprouts all over the yard. Mayor Chmiel: It's a lot of nitrogen. Councilman Workman: I inean is that a weed? Is tl~at a nuisance problem? City Council Heeting - January 13, 1992 Hayor Chmiel: No. Councilman Wing: Kentucky Bluegrass has never been considered a weed. Counciiman Workman: But I mean cIeariy don't we have a ruie that grass has to be cut to a Ievei of at ieast 6 inches? Hayor Chmiel: No we don't but it has to get to a certain point where we do go out and contact the property owner and ask them to mow their lawn. If they don't, after a period of time the City can go back and then mow it for them and charge them directly. Councilman Workman: But we don't have a set height? Mayor Chmlel: No. Councilman Workman: It doesn't sound enforceable. Mayor Chmiel: Well depending upon what you term as weeds. Councilman Workman: No, it's not weeds. It's grass and it's thfs tall. Mayor Chmiel: I know the one you're probably referring to. We've had to do some things with that from time to time. Councilman Workman: But we don't have anything that says they have to cut lt? Mayor Chmiel: Not necessarily. Roger, do you have something? Roger Knutson: Some cltles have ordinances on the subject if you want to get into that. As far as to the best of my recollection, we have no such ordinance right now. Mayor Chmiel: No we don't. My former weed inspector, what process is needed to go through? Scott Hart: Councilman Workman shamed me into admitting that I had to turn it over to Bob. We're working with Roger's office right now drafting a new ordinance to address that because it has been difficult. Believe it or not, it's a hot topic... Councilman Workman: How about before mowlng season? Mayor Chmiel: Do we have a motion on that? Councilwoman Dlmler: Yes. Councilwoman Oimler moved, Councilman Workman seconded to appoint Hayor Chmiel as the Weed Inspector and Bob Zydowsky as Deputy Weed Inspector for the City. All voted in favor and the motion carried unanimously. City Council Meeting - January 13, 1992 H. FIRE CHIEF. Don Ashworth: The Fire Chief position is one governing the fire scene. Their specific duty's prescribed under State Statute as to the duties again of the Fire Chief controlling a fire scene. Traditionally the City has looked to the Fire Department itself to make recommendations back to the City as to who should serve in that capacity. The Fire Department has recently gone through an election process through which they are recommending that Jim McMahon or Jim McMahon was selected by that group of firemen to be the Fire Chief for i992 and 1993. I should note that that's a two year appointment under City ordinances. Councilman Workman moved, Councilman Mason seconded to appoint Jim McMahon as Fire Chief for the City of Chanhassen for 1992-93. All voted in favor except Councilman Wing who abstained and the motion carried. I. HEALTH OFFICER. Don Ashworth: The Health Officer position is also set out in State Statute as a required position that a city must select. Health Officer position is typically a physician within the community who will serve on a voluntary basis during the course of year if any type of health issue comes up. Let's say swimmer's itch at the lake is prevalent, the health officer would be asked for his opinion in cases like that. He also acts as the individual carrying out physicals and other activities for the City. Dr. McCollum has shown a willingness or stated a willingness to serve in this capacity for 1992. He has served in that capacity for the past 3 to 4 years. Staff is recommending that Dr. McCollum be asked Health Officer. Councilman Workman moved, Councilman Hason seconded to appoint Or. McCollum as Health Officer for 1~92. Ail voted in favor and the motion carried unanimously. Mayor Chmiel: Thank you Dr. McCollum for the offer. The pay is so great. $1.00 a year. Appreciate it very much. J. CITY AUDITORS. Don Ashuorth: Cit Auditors, you did go through that bidding process approximately 2 years ago. That was for a 3 year contract. Thls ls the final year of that contract. Deloltte in fact has already started that process because it involves certaln work before the end of the year. Deloitte and Touche ls recommended as the audltors for 1992. Councilwoman Oimler moved, Councilman Workman seconded to appoint Deloitte and Touche as the City Auditors for 1~2. All voted in favor and the motion carried unanimously. K. CITY COUNCIL APPOINTMENTS TO THE YOUTH COMMISSION. Oon Ashworth: Appointment to the Youth Commission, you have a letter from Stephanle Young asklng the City to set both an adult as well as a student representative to the Youth Commission. I had not seen that letter that was dated I belleve 11ke in October from this past year. There was an artlcle in City Council Meeting - January the Villager from approximately a week ago. As a result of that article we did get three call in recommendations for representatives. Staff is wondering whether or not you would like to select from those names. If you have other names you might wish to consider or would you like to see staff advertise this. I do not believe that there has been an official city advertisement asking for representation on this commission. Mayor Chmiel: I see that we do have one Heidi Halverson for the student representative and we did not advertise in the paper? Don Ashworth: That's correct. There was an article in the Villager talklng about what some of the other communities have done and at the current time Chanhassen is currently seeking representatives and I think that it was a result of that Chanhassen seeking representatives that we had the call in's. Mayor Chmiel: Now we deviate from our past practices in putting an ad in to the newspaper. The article in the newspaper could be as such that that would be acceptable as well but I'll leave that for Councll discretion. Do you feel it's necessary that we should re-advertise or I should say, advertise that like we have in the past for all of these? Councilwoman Oimler: Do you want to interview these people like we do everybody else? Mayor Chmiel: I would think it may be well accepted to do that as well. Councilwoman Dimler: Z would move that we advertise and make the appointment in February after we interview the applicants. Mayor Chmiel: If we were to get the ad in next week's paper, that should give us between the 2 weeks and we should be ready with it by the flrst of February. So is there a motion to table? Councilman Workman: So moved. Old you make the motion? Councilwoman Oimler: I made the motion to advertise it and appoint in February after we've interviewed the applicants. Councilman Workman: Second. Mayor Chmiel: It's been moved and seconded. Any discussion? Don Ashworth: The only question I had was, if it does get in this next week, the packet has to go out mid-week, there really would only be 3-4 day perlod. I was thinking if we were to have the item back for the 23rd. It may have to appear on the flrst Council meeting in February. Was that your thoughts? Councilwoman Oimler: Yes. Mayor Chmiel: Let me ask a question, being we have the editor here. Is there a possibility of getting that advertisement in the paper for this Thursday's? Thank you. Cit'y Council Heeting - January 13, 1992 Councilwoman Dimler moved, Councilman Workman seconded to table the appointment to the Youth Commission until the first meeting in February after the Council's had a chance to advertise and interview candidates. All voted in favor and the motion carried unanimously. Hayor Chmiel: One other question I might have. How many nominations do ue need for an adult representative? Is it I or 2? Don ashuorth: One. One each. One student and one adult. CONSENT AGENDA: Councilwoman Dimler moved, Councilman Hason seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: c. Zoning Ordinance Amendment Concerning Development Contracts for Site Plan Approvals, Final Reading. d. Approve Readvertisement for Bids, Lake Ann Park Shelter. e. Approve Position Classification and Pay Compensation Plan. Resolution ~92-02: Amend Feasibility Study for Sanitary Sewer and Watermain Improvements in the Upper Bluff Creek District, Project 91-17. i. Approval of Accounts. j. City Council Hinutes dated December 9, 1991 Planning Commission Hinutes dated December 4, 1991 Park and Recreation Commission Hinutes dated December 10, 1991 Senlor Commission Minutes dated December 13, 1991 m. Resolution ~92-03: Approve Resolution Requesting HnDot to Amend 1992-97 Fiscal Year Highway Improvement Project to Include tile Portlon of TH 212 between Lyman Boulevard in Chanhassen and TH 41 in Chaska. All voted in favor and the motion carried unanimously. A. ZONING ORDINANCE AMENDMENT CONCERNING MOORING OF WATERCRAFT, FINAL READING. Councilman Wing: 92(a), that's the new one right Roger? Roger Knutson: That's correct. Councilman Wing: This addresses dock setback zone and my only comment on this was that I thlnk lt's a good ordinance and I thlnk it's going to go hand in hand with what the Plannlng Commission is working on with the recreation beachlots. I thlnk lt's golng to help make enforcement a lot easler of just what they're attempting to do. H/ only concern for staff is that with passage of this that it be correlated with passage of the recreational beachlot ordinance. However that turns out so people are clearly aware of this ordinance and it's intent. Although it's already in here, perhaps in a couple cases the violations I've seen are ill violation of the existing ordinance. This clarifies the existing City Council Meeting - January 13, i992 ordinance and I guess my whole point here for Paul and his staff is communication of this ordinance to the people it's going to affect. Mayor Chmiel: Those that are existing with problems is what you're saying? Councilman Wing: No. Anybody that it may affect. Any recreational, actually it could affect anybody on the lake including a private owner but lt's more likely to affect a crowded recreational beachlot situation. I just think it's important that they be aware of this is an updated, improved and is going to be enforced so they can make their spring plans accordingly. That's the only comment I had. Just the issue of communication to the public with thls ordinance. Mayor Chmiel: Very good. Would you like to make that a motion to accept item (a)? Councilman Wing: I make a motion for approval of 2(a). Councilman Mason: Second. Councilman Wing moved, Councilman Hason seconded to approve the final reading of Zoning Ordinance Amendment concerning mooring of #atercraft. All voted in favor and the motion carried unanimously. H. REQUEST FOR AUTHORIZATION TO WRITE SPECIFICATIONS AND RECEIVE BIDS FOR THE PURCHASE OF PUBLIC WORKS AND PUBLIC SAFETY VEHICLES AND EQUIPNENT, Mayor Chmiel: I guess I just have a couple things that I would like to see or maybe you can answer on thls. I'd 11ke to get a 11ttle more background information on each of these respective items like maybe how old they are. What mlleage we mlght have on those vehicles and take it from there because I'm sure that that's something that we should look at and be aware of. So maybe if you have Harold, do you have any background information wlth you that you can just hit each one of those. Harold Brose: Dump truck replacement, that's a 1976. There's probably approximately 80,000 miles on that truck. The street sweeper is a 1986. We've got 6 years we did use that one. Flail mower's approximately 8 years old. The roll packer trailer, that is something we were going to purchase back when we got this pack back in 1986 but we never did. The front end loader forks. As manual statement here, what we're going to use it for on a 936 loader. We never had seen anything like this so it's something that we can use, weii as they got on here. Culverts, trees, unloading pallets. In the parks, playground equipment. Things like that. The weed sprayer, that's again a new item. The mid-size a wheel drive pickup to replace 701. That's a 1986 with about 90,000 miles on it and we transfer that into the garage. The one I'm using now is a 1978 Fairmont with 14o,oo0 miles so that one's over the hill. And the mid-size 4 wheel drive pickup to replace 602, that's '86 Lynx. There's got to be about 80,000 miles in there and we put two different engines in that car so that one's definitely getting on the borderline. Anything in particular? Mayor Chmiel: No, I think that answers my perspective questions. Only because it doesn't really spell it out and Council should be aware as to what year's Meeti. l'~9 - January LJ, L992 Co,.~nciluo~,~ar, Oim).¢r: .-Shall we table it and check it out? Hayor Chmicl: That was my suggestion. Oon AshuorLh: Yeah, I would prefer that. CC~Ul',ciluoman Dil, ler: I move to table the,. Councilman Workman: Second. Councilwoman Dimler moved, Councilman Workman seconded to table declining membership on the Hazeltine/Barvaria aatershed District. All voted in favor and the motion carried unanimously. VISITOR PRESETNATIONS: INTRODUCTION OF JUDY COLBY, CHANHASSEN SENIOR CENTER PROGRAM COORDINATOR. Paul Krauss: Mr. Mayol', City Council, I'd like ~.o introduce Judy Colby to you this evening. Judy is t. he person thal ~e hired to ~ork ~ith the, excuse me. Jg[dy bJaS hired through Sel~Ol- Community Services r.o ~ork for the City on a part lJ.m~ basis, 12 hours per week on organizing the programs for the Chanhassen S[~lliOf Ce~ter. We ,.~re paying Judy's salary out of Block Grant allocation and we · reaJly felt that ue needed to have a good relationship with Senior Community Services who's got the expertise J.n getting tl~ese programs up and running and in getting the senior community and the volunteer community pulled together on ~hese things and ue feel qu$te fortunate to have Judy with us. There was a lengthy interview process that involves city staff and the Senior Commission as well as Senior Commum]itx Services and out of that Judy was the selected candidate. She is a resident of the community and is very excited to work with our seniors. Already in a short period of time has established a real good working relatiormship with them, I think you'll be seeing her a lot in the rufus'e. She'~ really going to be the person r. hat we're 9oing to point a lot of senior oriented questions 'Lo. If people call up City HAll with questions for senior programs, opportunities for referrals, Judy's the person we're going to point them in the direction of. So uilh tlmat I'd like to introduce her to you so that you can become Familiar' with her and use her as a resource and I'm sure yew'l] be seeing a lot more of her i, the future. Judy Colby: Good evening. I can't help but sit there and wonder why the room isn't jammed packed since I'm here because if you recall the last tlme I was in front of you, it was a co~tpJ.e years ago and we were asking for a variance. My husband and I and it was jammed packed. Now I kno~ there were a few other items but maybe Eckamlkai' is mor(e important ti]ali tile weed inspector, I don't know but it just seems so strange that no one's here. I'm really excited to be here. This h~s been a dream of mine since ~ was in grade school and all of a sudden to be given the opportLtn~ty to start at such an embryonic stage with Chanhassen and build this and the Senior Co,mmission is such a great group of people who are real].y dynamite, as far as their plans. I've had an opportunity in the past couple weeks to do a bit of touring around some of the other centers and the one that st~cks out in my mind most is Hound because they have developed such a strong f-elaiionship wilh their city and with their city businesses. The repoire and the recJ. prosJty I)ctueen the center and the city is just remarkable so I'm 12 City Council Meeting - January 13, 1992 hoping and by the sounds of it, as quickly as this Council moved to set this all about, I expected when I looked at some of the back notes, expected this to be on your agendas for years and here lt's been a matter of a few months and you've already got architect's plans going and worked with the Senior Community Services. I was on the job about 15 minutes and the architect called and said well what plans are you going to run? I kind of, can I just have a couple days so I'm really looklng forward to it and I hope any suggestions or thoughts that you might have on how we can work with the city, you'll glve me a call because I know the seniors are very appreciative of this space that we're belng given and like I say, we really want to start with a reciprocal agreement. Mayor Chmlel: Good, thank you. Welcome. Judy Colby: Thank you. Mayor Chmiel: Is there anyone else before I move ahead. Anyone else for visitor presentations? PUBLIC HEARING: LAKE RILEY WOODS SECOND AND THIRD ADDITIONS: A. VACATION OF UTILITY EASEHENTS AND RIGHT-OF-WAY EASEHENTS, LAKE RILEY WOODS SECOND ADDITION. B. FINAL PLAT APPROVAL. LAKE RILEY WOODS THIRD ADDITION. C. APPROVE DEVELOPHENT CONTRACT FOR LAKE RILEY WOODS THIRD ADDITION, PR03ECT 92-1. Paul Krauss: Mr. Mayor, very briefly. This goes back to an item that occurred I think almost 2 years ago now wherein we had the Lake Riley Woods Third Addltlon plat. The street was put in in the wrong spot. It was 60 feet off and the homeowner that was concerned about the resulting lot. It's been, I don't know if it's been in litigation but lt's been in discussion for qulte a while to resolve this. The parties have come to resolution with this and you approved the preliminary plat to correct thls I belleve in October. This is the final plat and associated agreements that would basically clean this up. The easements that you're vacating are in the existlng standard dralnage and utlllty the erroneous street easement right-of-way. You'll be getting corrected easements and hopefully thls will put thls item to bed once and for a11. It's really a fairly straight forward request at this point. Mayor Chmiel: Okay, thanks Paul. Just one question that I had on this. I don't recall whether or not the drawings that we had received had PE's signature on that? Paul Krauss: I am not honestly certain Mr. Mayor. I don't have the file with me. Mayor Chmiel: Well that's so we don't have the problems that we had before. I'd like to see that done with those to make sure that's included. Paul Krauss: Sure. Fortunately we actually did have the PE's signature on the one that was wrong. 13 City Council. Meeting -- January 13, 1992 Ha/or ChmJ. el: I know. At least we can hold him responsible. Anyone else? Any other questions? Why don't we take each one of these individually as item 3(a). COLt~cilman Workman: 0o we need to close the public hearing on that or not until t he end? Mayor Chmiel; No. Close the public hearing. Oh no, you're right. This is a public hearing. If anyone h,'zs an/thJ, ng to say. It's been so long since we've been here, it's hard to get back into the suing of things. You're right. Any other one wishing to add to this? If not, can I have a motion to close the public hearing? Councilman Workman moved, Councilman Hason seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Ha/or Chmiel: Now we'll take each one individually. Item 2(a). Councilman Workman: Z would move vacation of utility easements and right-of-way easements, Lake Rlley Woods Second Addition. Councilman Wing: I'].l second that. Ha/or Chmiel: With recommendations? Councilman Workmal~: Yes. Resolution ~g2-04: Councilman Workman moved, Councilman Wing seconded to approve Vacation Request ~t91-2 vacating all drainage and utility easements and Pine View Court as platted within Block 1 of Lake Riley Woods 2nd Addition with the following condition: 1.. A ten 'Foot drainage and utility easement be provided along the north and west lot 1.[nes of Block 1, Lake Riley Woods, 3rd Addition. All voted in favor and the mot/on carried unanimously. Mayor Chmiel: Item (b), final plat approval, Lake Riley Woods 3rd Addition. Councilman Workman: So moved. Ha/or Chmiel' Second. Councilman Workman moved, Ha/or Chmiel seconded to approve final plat for Lake Riley Woods 3rd Addition with the following conditions: 1. The applicant shall enter into a new development contract. 2. No dlrect access for Lot 3, Block i shall be permitted to TH 101. 3. No dlrect access for Lots i and 2, Block i shall be permitted to CR 14. 4. All approved sep[ic treatment system sites shall be staked to preserve them prior to any slte gradlng. 14 City Council Meeting - January 13, 1992 5. The final wear course shall consist of 1 1/2 inches of 2341 plant mixed bituminous wearing course with 6 foot wide, 100% crushed gravel shoulders. 6. Construction plans shall be retitled Lake Riley Woods 3rd Addition. 7. All construction shall be in accordance with the city's latest edition of Standards, Specifications and Detalls for Rural Construction. 8. The final plat shall be amended to include a 10 foot wide drainage and utlllty easement along the north and west lot 11nes of Block 1, Lake Riley Woods 3rd Addition. All voted in favor and the motion carried unanimously. Mayor Chmiel: Item (c), approve development contract for Lake Riley Woods 3rd Addition, Project 92-1. Councilman Workman: So moved. Councilman Mason: Second. Mayor Chmiel: With staff recommendations? Okay, any other discussion? Councilman Workman moved, Councilman Mason seconded to approve the development contract for Lake Riley Woods 3rd Addition and grant a general release of the Lake Riley Woods 2nd Addition development contract over Block 1. All voted in favor and the motion carried unanimously. AWARD OF BIOS: REJECT BIOS FOR HARKET SGUARE STORH SEWER IHPROUEHENT PROJECT NO. 90-13. Charles Folch: Mr. Mayor, members of the Council. If you recall back in August that the Council took action to award this project contingent on a 90 day time perlod to receive a development contract and the necessary securities for the Market Square development. Since that time this 90 day period has expired and we st111 do not have as of yet a development contract or necessary securities for the underlying project. Schafer Contracting was contacted to see if they would be willlng to extend thelr bld prlces for 1992. However, they decllned due to the uncertainties in coordinating this project with their work on TH 5. Therefore it would be appropriate for the Councll to take actlon to formally reject all bids recelved for the Market Square storm sewer extension project No. 90-13 which were received and opened on Tuesday, August 13, 1991. Councilman Workman: So moved. Councilman Wing: Second. Mayor Chmiel: It's been moved and seconded. Discussion. I just have one thing on that. We've indicated what the other bids were. Should we exclude those people back agaln from bldding? Charles Folch: Unless there's some specific reason to eliminate some potential contractors, you probably would want to see them back again just to keep a good 15 City Council. Mee. tin9 -- J~lnuavy 13, 1992 population of bidders and keep it ,'~'; competitive as possible. MayoY Chmiel~ Okay, that was lily question. Councilman Wing: Mt'. Mlyo'r? Why would you want to exclude them? What would be the reasoning on that? Mayor Chmiel; Well being that they know what their bids were and they know what Lhe low bid was and everybody can come back in. Councilman Wing: Point well taken. Councilman Workman: Cai] we do that? We c,-.~n't exclude somebody can we? Mayor Chmlel: I don't know. That was the question when I asked that. Roger KnuLso]~: TheYe'd be no basis for letting them rebid. This infoYmation is now public knowledge and everybody knows what everyone else has put on the table al~yway. Mayor Chmiel: Yeah but I'm sure they know what the bids were and they know what everyone else's bids were. They know what the lowest bid was as well. Roger Knutson: ~nd hopefully they'll want to beat the low bid the second time around. MayoY Chmiel: I like that thinking Roger. A motion and a second. Any other discussion? Resolut£on ~92-05: Councilman Workman moved, Counc/lman Wing seconded to reject all bids for the Harket Square Storm Sewer Extension Project No. 90-13 which were recelved and opened on Tuesday, August 13, 1991. All voted Jn favor and the motion carried unanimously. PRELIHINARY PLAT AND PUD APPROVAL, CHANHASSEN BUSINESS CENTER~ 93.7 ACRES SOUTH OF THE CHICAGO RAILROAD AND ~EST OF AUDUBON ROAD, RYAN CONSTRUCTION. Paul Krauss: Mr. Mayor, Kate will be giving the staff report on that but if I could add a correction to, the schedule is a little bit erroneous. It's not the flnal plat. It's a preliminary plat approval. H~yor Chmiel: I'm glad you brought that up because I was going to question that as well. Kate Aanenson: The staff has been working closely with the applicant over a serles of a couple months. This is the first project request inside the new MUSA 11ne. This lsa large development, 94 acres including 12 buildable lots. Zt will be built in two phases over a number of years. The site plan presented tonlght ls consistent wlth the conceptual plan that you approved in September. staff feels that this proposal ls well designed and the applicant has worked to meet the standards requested by the staff. Staff feels that the PUD zoning ls appropri,'~te. That giw;s a comprehensive approach to development including compatible architecture and slgrlage, consistent street lighting, cohesive 16 City Council Meeting - January 13, 1992 landscaping, buffering and screening and more effective storm management. The City will have one large pond built to NURP standards instead of a series of several ponds requiring more maintenance. On December 4, 1991 the Planntng Commission recommended approval of the preliminary plat and the preliminary and final development plan as well as approval of the Environmental Assessment Worksheet, the EAW. At that Oecember 4th meeting the Planning Commission recommended that the recreation trail system have an lnternal loop and they requested that the site plan be amended to show the north side of Lake Drive West deslgned to accommodate thls recreational trail. The Plannlng Commission also recommended that the sewer connections in Phase 1, north of Lake Susan Hills be granted on a temporary basis, if feasible. Switch back to the other trunk line to the south. In addition the Commission wanted a time limit on the temporary retention pond located on Lot 6 in Phase i be given a tlme 11mlt. The staff is recommending that this be a 3 year time limit. The EAW was published in the EOB Monitor on January 6th and as you know no governmental declslon to approve a project can be made until a negative declaration has been made. $o the comment perlod explres on February 5th. At that time the applicant will be back before you to request the final plat approval. In addition approval to the EAW and approval of the developers contract and PUD agreement. $o staff recommends approval of the preliminary plat and final development plan subject to the conditions. And there's just two mlnor corrections I'd 11ke to revleu with you in the staff report. On page 25. On number ?, the last sentence there. The sanltary sewer 11nes of Phase 1 shall be switched. We want that to say, if feaslble to flow into the trunk sanitary sewer systems proposed in Phase II. Mayor Chmiel: What item was that again? Kate Aanenson: Number ? on page 25. Then the second change, again a minor change would be on page 28, number g. It'd be the first sentence. The entrance drive to Lot 1 be moved to the north approximately, in reviewing with the applicant, we felt 11ke 300 to 500 feet so that should be changed to 300 to 500 feet. So that would be the changes. Otherwise the staff is recommending approval based on those conditions and I'd be happy to answer any speciflc questions. Councilman Workman: Can you repeat what you're saying about that number Kate Aanenson: Which one was number 97 Okay, what we were looking at there is ue were golng to tle up the stub drlveuay to the west and looking at that, what we're looking at is we may block that. There might be a light at that intersection anyways and there may be channelizatlon uhlch would block that entrance anyway so it wouldn't be a free left. R£ght now we feel, the staff didn't really want that curb cut to begln with but we felt 11ke in the trafflc report, most of those turn movements will be going to the north anyway so there will probably be 11mired, conflicting trafflc movements. But if the signal does go in at that location which is very likely, the channelization would restrict that so they'd have to come back to the light anyways and hang a U'y and go back up north. So we felt it could be mitigated, the conflicting turn movements. Mayor Chmlel: Everyone understands? Councilwoman Oimler: Not really. C.[[y C. ou~c.il ae::,~ting ~ Ja~uary 13, 1992 Kate Aanenson'. I guc,:,s the 300 to 500 feet was also in looking at that, we wanted that pushed up further, maybe .SOO feet a~d they had concerns because it put the dr~ve~ay in [l~e middle of [heir site. So if a truck came into their projecL, it ~ould have to 9o f. hrough the parking lot and they felt if they kept .i.t closer to ~l~e southern property line, it ~ouldn't conflict ~ith all their parking traff.[c, So we're giving them some flexibility and depending on how s.i. tc lays out, Hayo'r Chmiel: 9oes anyone have any other questions? Councilwoma~ Oil, let: Yes. I guess I would l£ke ~.o discuss the traffic light bncause you brought it up too on TH 5, Kate Aanenso~: Ol~ TH 5 and Audubon. Councilwoman Oimler~ And I was: reading and I couldn't really determine whether they ask thai we pay, the City pay for part of that? Kate Aanenson'. No, 'Lhey 'request that we petition MnDot as soon as it warrants tl],:~l: we get the light. ~e are makings a requireme~t that they pay a portion based on a portion that they generate. They pay a portion of that light. Councilwoman Oimler: But is the City required ~.o pay some too then? Mayor Chmiel.' Ti]ere will be some dollars involved itl it from the City as well. Councilwoman Oimler: Okay, but this .[s their request solely. Paul Kraus:s: Ho, No, Dasically we asked them to do a traffic study so that we cou!d get the big pictur,'.~ there~ They're but one contributor to traffic on Audubon Road, Tn fact we think the traffic on Audubon Road would warrant :;J. gnals iii tho rmoxt pl-obably 3, 4, 5 years eU~m)rl if tl)ey never built. I mean if other site~; deve].op f. here. The McG].ynn site continues to expand. The Amcon piece. The Rod Grams property plus the exist, ing properties ti]at area already going through there. This is going to accelerate the need for a traffic signal. So given the fact that we're pretty col~fident that one's going to be required in the next 3 years or so, what we'd like to do is set up a program where we're the public agency. We're tl~e one~ who have to deaJ. with MnOot al~d request this but that we ~:tart putting together a kitty to contribute to the cost and I think MnOo~, and Charles can explaln it. HnOot has a cost sharing formula for [hess sJgna].s and I',m not really sure how it breaks out but you wanted to get 1nrc [hat? Charles Folch: Yeah, there isn't a written policy if you wJ. ll that's standard for a11 tlleir signal systems bu[ the City would be expected to pick up what is :'~ol~sidered a local share for that intersection. So we'd like to make sure that we've) oovel-od Oll Olli' costs too. Councilwoman Dimler: I guess I'm looking at the opening of TH 212, Lyman Blvd., is it conceiveablo that a lot of the traffic will head south ~,nd go out on TH 212 and a trafflc 11ght may not be warranted there? 18 , City Council Meeting - January 13, 1992 Paul Krauss: No. We did ask specifically their traffic engineer to give two scenarios. One pre-212, the other post. TH 5 is going to warrant a signal either wa/. Yeah, there will be some diversion of traffic to the south in the future but you're still going to have pretty high volumes. Kate Aanenson: I think the traffic report said about 20~ will shift to the south. Councilwoman Dimler: Okay, so you're telling me that maybe even Galpin Blvd. will require one so you're really cutting the flow of traffic on TH 5. Mayor Chmiel: It's pretty much like going through Eden Prairie, yeah. But the question I had and what Ursula said and I'm piggy backing on that. With TH 5 reconstruction that will take place, that light would not go in until the second segment of that highway is completed? Paul Krauss: Normally I think that would be the case. That's not going to be until the second phase of TH 5. However, it may warrant a slgnal, a temporary slgnal before that's done. Mayor Chmiel: Because costs of a signal runs roughly $100,000.00 plus for a signal. And relocation costs at that time I don't feel, well there's a safety factor involved there. I think what you're looking at is left hand turns to necessitate that signal or is it because of the flow of traffic coming through there to have the access coming out from that street and going possibly east on TH 5? Paul Krauss: Well coming north on Audubon, east on TH 5 is, that's the easiest movement to make coming out of there. But as traffic builds on TH 5, which it's doing, I thlnk you can see it yourself when you 'go out there. You're waltlng longer and longer period of time to find a gap. That's complicated a lot worst trying to make a left turn across that. Mayor Chmiel: Yeah. I'm just wondering if that light should go in at the time you're saying or should we wait until that is, the highway is necessitated because to relocate those lights, that becomes a little costly as well. Charles Folch: Excuse me Paul. We could probably, from the report it appears that at least a temporary signal would be warranted by 1993 pending this development here. A temporary slgnal system could probably be installed for anywhere between $35,000.00 to $40,000.00 on the wood poles and such. The TH 5 improvement project between CR 17 and TH 41 ls likely not to occur until 199~. To begin construction. There's a remote possibility of 1994 but there's likely will be a need those 3 years between 1993 and 199~. Mayor Chmiel: But you're still going to have to tie in the circuits between the others. Your cost ls st111 there and putting those up on the structures, I don't think it will still be much more than $35,000.00 that you're saying I believe. Because you're going to have to tie it in completely. Charles Folch: Actually the temporary system will probably be totally scrubbed and we start with a whole new system. 19 C['Ly Council Mee~.ing .- January 13~ 1992 Paul Krauss: I think keep in mind, 'this is not warranted today. We're not sure when it will be warranted but we're trying to be prepared. We're trying to look ahead. .I think you have to understand too that this is not the only thing that's going to be h,'.~ppr;nin9 on Audubon Road. We're talking ~o a developer on the Rod Gram's property who's looking at 70 o'r 80 single family lots there. Those would a].]. use the same street. We have the Redmond parcel that was~;'t developed 2 years ago. There are parties now looking at that. If that happenm. We. have the individual who has ~he exception r.o the Redmond piece who I understand that property is on the market. We have the Amcon piece which was in the MUSA Jine could develop at any time. We have the McGlynn's piece on the corner and this is all exclusive of anything else that could happen in the existing indu.~t'rial p:~rk :so a lot's bound to be happening here in the next few years. Mayor Chmiel: Yeah, and I can see a positive aspect to that as well. Putting ina light on a temporary basis for the access to Lake Ann Park as well wlth kids. That would be a safety part of it too. So it could have some. Rlchard. Councilman Wing: Mr. Mayor, Council, staff. There's something really wrong here that probably goes back many years. I personally am flndlng TH 5 to becoming impassable. ~e're coming in with this delightful multi.-mllllon dollar' 4 lane road to nowhere. It's stopping at Dakota and lt's stopping, well let's back up. There's a stop sign at the city border coming in and then with [~akota a,d TH 101 and Market B.l. vd.. They're a block a plece. I wouldn't come through Chanh~tssen on a bet and I live here. So the reason for iny smart aleck comment per'haps is what's gone wi'or, g that ue haven't put 11mited access onto this road. Obvio~t..sty we're growing, obvio~sly traffic's getting heavy and we've got a real hazard created here but why in this plannlng weren't we puttlng in service roads then to dlrcct ~1~,'; traffic to laa~or intersect£ons and keep this traffic fi. owing? Thls is really a travesty I believe. Maybe it's too late to even bring it up. Maybe it's ~ust irrelevant at this point but if it was up to me, we'd stop thls whole thlng and start eliminating these intersections. Stop sJ. grl.'~ and access. Cef'tainly Lake Ann desparately ,eeds a stop sJ. gn. That is one treacherous intersection and Audubon Road. I'm tlred of waltlng to get out onto TH 5 but 6reel~bf'iar ~nd TH 7 where I live, when I go f.o a fire call, the obscenities that come out of my mouth waltlng for that traffic knowing I'm golng to miss thls truck. Traffic is really an impossible situation but there's another case where we need a servlce road to dlrect all those neighborhoods to specific intersections. I know we're really off the subject now but stop signs and trafflc flow in Chanhassen Mr. Mayor, Charles, Paul, what are we dolng? This le;n't 'right? This isn't in the best interest of the future. Mayor Chmiel: I understand really what you're saylng not smart alecky because you pilot that 747 a,d there aren't any stop signs up there but. Councilman Wing: Amen. Unfortunately there is. There's a lot of us but I don't have a solution here and I don't mean to, does this need to be addressed or is it too late? Paul Krauss: Well, if I could briefly go into it. A couple things. You're dealing with z series of temporary signals along TH 5 that aren't sequenced at all now so nothing is moving through ina fluld manner and I thlnk there's probably :.tn int~.~nt to do that a little bit more as that occurs. We also do have 2O City Council Heeting - January 13, 1992 a comprehensive frontage road system design that's being built as property develops. In fact the Lake Ann park issue is one that would be resolved if the extension of 78th Street, which we've got on the map, when that gets passed through there, you'll be able to get into that park from anyplace from TH 41 through downtown Chanhassen without ever having to go onto TH 5. So these things are coming. Mayor Chmiel: It's on the north side of the road. Paul Krauss: Actually we've got one on both sides but there is one for the park on the north. Councilman Wing: Paul, it would appear to me that it's going to be quicker to drive that service road through the area than it is to go on a 4 lane road. Paul Krauss: Well, Councilman Wing. Long term TH 5 is, it's not the high volume, limited access highway. That's 212 and that's pretty much by design. Councilman Wing: We're adding a lot of stop signs. There's got to be an alternative. Mayor Chmiel: I think if you really sit back and remember going through Eden Prairie. There was one stop sign on that stretch and there was one stop sign in Chanhassen. Stop and go 11ght I should say. Since then you have one rlght after 494 and one at where Menard's is. The following one right where McDonald's ls. You have one rlght where McGlynn's ls. You had one at the railroad tracks. You have on on Eden Prairie Road where SuperAmerica is. So all those thlngs are a basic necessity because of control for having them comlng in and out. And it becomes a necessity and it becomes a problem but yet you 1lye with them because they do do that direction. Councilwoman Oimler: But one of the things that was my concern is that I can see it at a crossroad but thls lsa T intersection you know. And I can understand it for the left hand turn but again is it going to be that much traffic when some of the trafflc wlll be going south in the future to warrant a stop light? Councilman Mason: That's true Ursula but I think what Paul just said about how many homes might be going up in there? Paul Krauss: Well on that one site alone there's another 70 or 80 homes. Councilman Mason: You know I look at this development and think, this is a pretty big deal. Then I thlnk what it will be 11ks in the future. Councilwoman Oimler: Yes. But it's likely too that they'll be going south on kyman. Paul Krauss: Well in fact there was an expectation by the Plannlng Commission when they located this industrial site on the Comprehensive Plan, it was intended that a lot of thls trafflc be lured south to 212 so not everybody goes on TH 5 and we hope that that's going to happen. This is going to be the 21 CJ. ty CouncJ. 1 Meeting ~ .],inu~.t'r'y 13, 1992 closest to 212 of any industrlnl area in the ciLy. But 212's not going to be Opell tl~ere unt.[1 the 1,'ire Charles Folch: ATId actually one of the critical factors that they look at in evalu,'iting the warrants is the pe,ik hour volume. And the westbound TH 5, then [urning south onto Audubon lsa critical, movement that ls one of the ones that is going to, in the morning in the rush hour trying to cross in front of all the eastbound traffic is one of [he prlmary factors that ls trlpplng the warrant. Mayor CI]nliel: Olde of the suggestions I'm going to make is that staff move and 1_ire in town and have to drlue through these thlngs. Councilman Wil~g: Do you need a second? Alright. I appreciate the opportunity to make my comments. Councilwoman Dlmler: Ye~,h, Z just wanted to volce nly concerns about that too. Hayor Ctlmie].: Alright. Any other? Councilman Wlng: Z was qulte concerned about thls development earller today untZ1 I had an opportunity to meet with Mr. Carlson. He promptly brought me to my knees, which is really my way of saying, I found Paul and his planning staff had done a very thorough job and I felt a very comprehensive job and my oonoerns were promptly alleviated and my questions answered very thoroughly so z think that Paul and his staff have done an excellent job ~ith this. I have no prob].ems wlth it a11. I would be 'ready to. Mayor Chmiel' I I~ave just a cot~ple other things I'd like ~o touch oni Charles, we're ]ooklng at the potential of having to put ina sewage 11ft or lift st,~tion. Is there any poten~i,il? Now f_s theft lift being put in to bring it up or ls lt, why ls the particular reason that that sewage 11ft ls being put there? Chortles Folch: The feasibility study that we are having done basically, and actua].ly where it goes back to ls the comprehensive study that was done for the MUSA expansion area. Betermine that location as beii~g the low point for the entlre servlce area and basically what wlll happen ls the flow from the i~or~_hwest portion of the servlce area will flow down to that low point including a portlon of thls site and it will be pumped back up vla forcemaln back up north along Audubon Road which will tl~en tie into the gravity main along to the future Lake Brlve ~est extension. So thls basically ls the sltlng for thls ls to best serve tile needs of the entire service area. Mayor' Chmlel: I was looking for gravity flow more than anythlng else but what you're shying. Charles Foloh: It's not possible. Paul Krauss: Hr. ldayol', if I could add into that. This entire area was the area that was supposed to 9o into that mythlcal Bluff Creek interceptor. That's where it naturally uants to 9o ~nd that's the pipe that will never be built and when we got '[he comp plan approved, we got approval from MWCC to intercept that at Bluff Creek and back up. 22 City Council Meeting - January 13, 1992 Councilman Wing: So this will not be able to be gravity? It will have to be. Hayor Chmiel: No. That's wily I was asking. The other thing that I had was a 11ttle bit of a problem and I'm probably jumplng but the bulldlng materials and design. Here you indicated on page g of your communication of December 4th, 1rem number 5. Metal sidlng will not be approved except as a support material to one of the above materials or curtain wall on office components or as a trim. Explain it to me a 11ttle blt more. Metal sidlng can get a 11ttle. Paul Krauss: That's what we got away from. I think you will not have the corregated or whatever it ls metal sidlng, in lieu of the tlp up panel. Where you will have metal is if you have, well like PHT's new addition that has a glass and steel curtaln wall construction. Where basically lt's just glass with steel framing around the glass. That's acceptable to us. I mean you certainly would have metal framework occasionally supporting parts of the building but it won't be the clad material. And as far as the HVAC screens go, we found that metal screens are very effective. You know we wanted to get away from the wood slats that keep on blowing olff. There's several materials you can use but metal vas one of them. It seems to weather quite well and ls pretty ch~rable. So those are the only places where you would see it. But no, this prohibits the metal building. Mayor Chmlel: Yeah, I reallze that. I just sometimes have a real hangup wlth any kind of metal siding because of the maintenance, upkeep and the appearance wise but hopefully that's not golng to be a problem. Of course we'll get an opportunity to review this when it's all pulled together. Kate Aanenson: Each site wlll come in for slte plan revlew. Mayor Chmiel: Right. I guess that's about what I had on there. Councilman Workman: I move, is it final plat approval? Councilwoman Oimler: Preliminary. Councilman Workman: I'm sorry. Preliminary plat and PUD approval for Chanhassen Business Center for 93.? acres south of the Chicago Railroad and west of Audubon Road, Ryan Construction. Councilwoman Oimler: Second. Mayor Chmlel: It's been moved and seconded. Any discussion? Councilman Workman moved, Councilwoman Oimler seconded to approve Preliminary Plat for Chanhassen Business Center subject to the following conditions= Provide the following easements and right-of-way: an additional 17 feet of right-of-way along the westerly slde of Audubon Road throughout the plat. a 20 foot wide drainage and utlllty easements over the proposed sewer and water lines outside the road right-of-way. 23 C.{.~? Council Meetir~g - l,~nua~-y 13, 1992 ~ 20 'Foot dr~t]nago and utility easement for- the sanitary sewer proposed along tile t,Jost side of Audubon Road lying souLh of the proposed main ~FILr~IICC. · .. standard front, side and rear lot dralnage and utility easements. trail and conservation easements over all buffer yards, Outlet A, and sidewalk connection from Lake Drlve west to clty trail. drai;~age and utility easements over the Bluff Creek flood plain and all retention basins. Lake Drive West shall have a 60 foot 'r'ight--of--way. The right-of-way ,:::hall b~..: 80 feet wld~e from [he intersection of Audubon Road to the short cul-de-sac north off of Lake Drlve West. The radlus on the curbs at all street intersections Audubon Road shall be 30 feet. 2. Tile main entrance street shall be named Lake Drlue West consistent wlth the future extension of Lake Orlve West, east of Audubon Road. 3. The app.licant shall provide 'Lhe City Engineering Department with storm :~ewer calcul~tions desig~ed for a 10 year storm even L and pending calculations to show that the ponds will retain a 100 year storm event and t,Jill discharge a.t tile pre-development runoff rate, Oa~.a shall be p~'ovided oil nutrJ, eilt removal capacity of all ponds for' review and approval by the City. A temporary retention pond for Pha~e I shall be created oil Lot 6 untl]. Phase IT. is developed. The appJ. icant '.~ha].l per. ition the City for preparation of a feasibility report for the extension of a trunk sewer line to servlce Phase Il and interim servic~, for Phase ~ of the site which will be reful]ded upon project approval and authorization by the Clty Counc11. .Tf only Phase I of the site is graded, erosion control fence shall be i. ncorporated along the perimeter of the construction limits. Type I erosion control fence si]all be installed and maintained along the entlre westerly perimeLer of Phase I construction 11mlts. Phase II construction wi].l require the perimeter of the construction limits shall be Type III erosion cont'rol. All areas disturbed durlrlg slte grading shall be immediately restored with seed and disc mulched, sod or wood--fiber blanket wlLhJn two w~;ek.q of sl[e grading or before November 15, 1992 except in areas where ur. llities and streets will be constructed yet th~.~t year. Areas dlstrubed with a slope of 3:1 or greater must be restored wlth sod or wood-fib~' blanket. As a part of the erosion control measures, the applicant shall be required to remove any materials (sediment) that enter into BJ. u Ff Creek. The waLermain loop between Lots 8 and 9 shall be extended to within 10 feet of the southe]'l¥ property line and then proceed ea.~t and parallel to the south property 11r, e back to Audubon Road. 7. The ,'tpplicant shall provide the Engineering Department with the calculations estimating the capaclty of the sanltary ~ewer 11ne through 24 City Council Meeting - January 13, 1992 Lake Susan Hills West development and the predicted flows each lot will generate. The applicant will be required to demonstrate that each site requested for development in Phase I can be accommodated without exceeding sewer capacity of existing services. The sanitary sewer lines in Phase I shall be switched, if feasible, to flow into the trunk sanitary sewer system proposed for Phase II at the developers expense when service is available. 8. The northerly, easterly and southerly slopes of the retention ponds shall be reduced to a minimum of 4:1 for maintenance purposes. 9. As a condition of final plat approval, the applicant shall enter into a development contract and provide the financial security to guarantee construction of the improvements. 10. The developer shall construct the utility and street improvements in accordance wlth the latest edltlon of the clty's standard specifications and shall prepare final plans and specifications and submit for city approval. A 6 foot wlde concrete sidewalk/trail shall be lncluded along one slde of Lake Drive West (Phase I and Phase II). The developer shall acquire utility construction permission/permits from the PCA and Minnesota Department of Health. 11. The developer shall obtain all necessary permits from the Watershed Oistrict, ONR and Army Corps of £ngineers and comply with all conditions of the permits. Dralnage plans shall be revised as outllned in the approved staff report and shall be resubmitted to City staff for approval. The applicant shall obtain permission?permit from the rallroad authority for all grading activities within the railroad property. 12. The developer shall incorporate street lights into the street construction plans. The street lights should be installed at 150 to 200 foot intervals. The street 11ghts shall be designed consistent wlth existing lighting on Audubon Road. A 250-watt contemporary low-profile rectilinear-rectangular style 11ghtlng flxture wlth pressure lamps mounted on a 25 foot hlgh cortln steel pole. 13. The entire tract of land development (lots 1-12) shall be assessed for the future trunk sewer system to be built for Phase II (Lots 6, 7, 8, g and 12). 14. The Developer shall be responsible for a percentage of the costs for traffic signals at Audubon and TH 5 based on traffic counts attributed to the development. 15. The applicant will be requlred to pay park dedication ($2,500.O0/acre) and trail fees ($833.00/acre) in the development contract. No development shall occur on Outlot A as it shall be preserved as open space. 16. The recreation trail shall be located along the north side of Lake Drive West. The trail shall be a 6' wlde concrete walk along Lake Drive West and 8' wide bituminous trail along the sewer easement and stubbing to the Rallroad underpass in Outlot A. The recreation trall shall also loop from Outlot A along the southern property line up along Audubon Road and to tie 25 City C. ouncil Heeti~9 .. J,i~lLt~.~ry 13, 1992 into Lake. O'r~.ve. West. This trail (see exhibit for trail route) shall have bituminous surface ,~l~d he 8' in width. The developer sh~ll be resporlsible for maintaining the storm sewer and r~;tcn[ion ponds i.tntil both pllc~ses ~)f [he development are "built out". All voted in favor and the motion carried unanimously. Councilman Workman moved, Councilwoman Dimler seconded to approve the Preliminary and Final Development plan for the PUB Plan for Chanhassen Business Center sub3ect to the following conditions: 1. Final PUD plan approval be subject to the 30 day comment period after pub].ic notice of publlcation of the EAW in tile EOB Monltor and a finding by the City Couf~cil that an Environmental Zmpact Statement is not required. 2. The development standards, as proposed by staff in the November 18, 1991 staff report, shall be incorporated lnto the PUD development gulde for the Business Ce~ler, Site plan approval from the city, as outlined in the City Zoning Code, will need to be obtained for' each lot as development is proposed. 4. Tile permitted uses in this zone shall be limited to light industrial, warehousing, ,and offices as defined in the PUD ordinance and in the November 18, 1991 staff report. Truck transfer terminals shall be I)r-ohiblted from thi~ project. 5. All parcels located along Audubon Road shall be designed to look like an office buitdlng includirl9 such design elements as scale, helght, and materlal components for offlce buildings. 6, Building mate. ri, als and designs sl~al], be: All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not palnted block. b. Brick may be used and must be approved to assure uniformity. c. Block shall have a weathered face or be polished, fluted, or broken face. d. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or coated. e. Metal siding will not be approved except as support material to one of the above materials or curtain waZ1 oll office components, or as trlm, or as HVAC screen. f. All accessory structures shall be designed to be compatible with the primary structltre. 26 City Council Meeting - January 13, lg92 g. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. h. Large unadorned walls shall be prohibited. All walls shall be given added architectural interest through building design or appropriate landscaping. 1. Space for recycling shall be provided in the interior of alt principal structures for all developments in the Business Center. ?. All freestanding signs be limlted to monument slgns. The slgn shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. a. Each property shall be allowed one monument sign located near the driveway into the private site. b. All signs requlre a separate permit. c. The signage uill have consistency throughout the development. A common theme u111 be introduced at the development's entrance monument and will be used throughout. d. Consistency in signage shall relate to color, slze, materials and heights. e. The applicant shall provlde staff with an acceptable slgn package for incorporation into the PUO agreement (wlth the development of Phase I). 8. The street lights should be designed cons/stent with the existing lighting along Audubon Road. a. A decorative, show box fixture (high pressure sodium vapor lamps) with a square ornamental pole shall be used throughout the development area for area lighting. b. Llghtlng equipment slmllar to what ls mounted in the public street right-of-ways shall be used in the private areas. c. All 119ht flxtures shall be shielded. Llght level should be no more than 1/2 candle at the property line. Street lighting is excluded from this requirement. The extrance drive to Lot 1 be moved to the north approximately 300 to 500 feet north of Lake Orive West so that it aligns with the existing drlve to the east of the Stockdale property. 10. If traffic counts warrant, the city shall work with MnOot to request that a traffic signal be installed at TH $ and Audubon Road to coincide wlth the completion of Phase I of construction. City Co~[~lcil Heeting --January 13, 1992 1_1, Each lot sha].l, submit a separate landscaping plan as a part of site plan review. In ,tddition, all site 1,'~ndscaping and screening sl~all: a. Ali open spaces and non-.parking lot surfaces shall be landscaped, rockscaped, or covered with plantings and/or 1.'~wn matef'ial. b. Storage of material outdoors is prohibited unless it has been approved under' .~itr.: plan Yeview. ~ll approved outdoor storage must be screened with masonry fences and/or landscaping. c. The mast~;r landscape plan for tl~e CBC PUB shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan 'review process. Undu].ating or angular berms 3' to 4' in height, south of Lake Drive along 6udubon Road shall be sodded at the conclusion of Phase I grading and utility construction. The required buffer landscaping may be installed incrementally, but i% shall be required ~here it is deemed necessary to screen any proposed development. Loading areas shall be screened from public l'ight-,of-ways. Wing wall may be required where deemed appropriate. 12. The trail system shall loop, using the utility easement along to the storm water retention pond. ,1.3. Temporary improvenlents in Phase I are limited to 3 years. At that point final street, utility ~nd drail~age improvements must be installed. Surety shall be provlded to ens,.~re timely completion of these improvements. All voted in favor and the motion carried unanimously. CONSIDER REQUEST FOR AHENDHENT TO CONDITIONS OF APPROVAL FOR HINNEWASHTA HIGHLANDS, PROJECT 88-6. Don Ashworth: Hr. Hayor? It was Item number 6 that we had received a request from the applicant that they were not feeling well. We suggested that they come in 9:00 and we would try to put them on, Ellle $chwaba, put her onto the agenda as close to 9:00 so she was golng to sleep or whatever. I don't know, is anyhere representing? Are you representing her? Will she be here? So should we go ahead with tl~e item? Hayor Chmiel: Okay. Item number 6. Consider request for amendment to conditions of approval for Minnewashta Highlands, Project 88-6. Councilwoman Dimler: I move approval of item number Hayof' Chmiel: Is there a second? CounciJman Wing: Second. ltayor Chmie].: Discussion. 28 City Council Meeting - January 13, 1992 Councilman Workman: Are the Jason's and Borchardt's and those people aware of this? Is this going to change anything with the drainage? Nothing with the drainage? Charles Folch: No. Basically it's not affecting the drainage. What's happening here is there is a pair of service, sewer and water services available to this lot from Hinnewashta Parkway. If we hold them to the development contract stipulations they won't be able to receive a CO on that property until after the utilities are accepted in the cul-de-sac which won't occur untll lt's paved this spring. It's kind of a time thing for them basically. From what I understand from information from my staff, that the applicant has expressed that there's a potential hardship here because monies generated from the lot sale wlll basically be used to pay for the improvements that have been generated through the construction. There really isn't any change to the grading. Any storm sewer. Drainage. Thlngs 11ke that. Councilman Workman: But we've got that squared away? to know. Okay. That's all I want Councilman Wlng: I have a questlon on the road. They're asking us to relieve a hardship but I think their construction out there has inplaced a hardship on the residents. The condition of that road ls the worst I've ever seen Minnewashta Parkway. I sure it had to do with the time of year, the early winter coming on but that doesn't excuse the fact that the road is in as bad a condition as it is where they put in the utilities and I think it's their responsibility to get that repalred and whatever has to be done wlth lt, graded, graveled or paved, Charles I'd like to see you go out there as part of this agreement, that that road be flxed effective immediately. Charles Folch: I'll check into that. In fact I was out there this morning and drove the entire road. I didn't really notlce anything in particular. There's quite a few potholes out there. I'll certainly take another look at it. Councilman Wing: I'm talking about specifically in front of this piece of property. They tore it up and then there was kind of quick pave job rlght durlng the snow storm and obviously they were under pressure. It doesn't excuse the impassable condition of the road. Charles Folch: We'll take a look at lt. Mayor Chmiel: Alright. Any other discussion? Councilwoman Dimler moved, Councilman Wing seconded to approve amending item (k) under Section 8 "Other Special Conditions" in the development contract for Hinnewashta Highlands as follows: 'No occupancy certification w[11 be issued nor building utility connections allowed unt[! such time as the utility port[n of the public improvements have been tested and accepted by the City except for Lots ! and 2, Block 1 as noted in 'd' above.' All voted [n favor and the motion carried unanimously. 29 City Counc~.l. MeetJ.~,:] ,'~,i~,'~'~'y £3~ 1992 ORDINANCE AMENDING CHAPTER ]2 OF THE CITY COOE R[GARDING PARK OF MOTOR VEHICI.ES IN MUNICIPAL PARKING LOTS, FIRST READING. Mayor 6. hnliel: Would anyone llke to i, ake comments? Conilc.i. lm,in Wing: .1:3 tl~o.'Fe a way to by-pass a second reading? Tile only reason I b'ring 'that up is this i~ sort of typical Scott Hart if you will. I think he's pul a lot ~r thought and effort into this. It's kind of the live and let live atmosphere. I ~hlnk it's very falr and justified and I thlnk he's given averybody ~l chance on this. ~t's so conservative I gL~ess I'm not convinced it needs a second reading. Mayor Chmlel: We]l yeah. I guess just for hernial procedures as Ne do, it doesn't look J. ike we're shoving somethillg thFougl~, I'd just like to have it go to second reading. But I agree with what's there. Councilman Workman: What are we, maybe g.Lve me a specific example. Are we talking about maybe in Front of Herlyn's? Parked cars that are for sale? scott I{arr: That's a problem. Also the, plowing's a problem. We have some overflow from some of the tenants adjacent to clty lots and we've actually had a number of occasions where vehicles have been abandoned or left for extended perlods. Weeks, months at a tlme. We just didn't have any way ~o deal with ~hose because ~he ordinance speuifically speaks to stFeet parking, So we need to allow the maintelmance people and the plows to get in there as well as to give tl~e CSO's and deputies something by whlch ~o be able ~o remove these vehicle~. Two changes Z need to ask you to put in. First of a11, on Section 12-50, pear,graph O. That should be 2:00 and 6:00 a.m. because the plow8 u~ually come out at 3:00. ~y~ Se~t~oh 12-51, Sectlon 2, we would have to add that thi~ does not incl tde Chanhassen city vehicles. Cour, cilman Workman: A little bit of a double standard. Councilwoman OimleF: R[gl'lt. Mayor Chmicl: Carl I have a motion? Coul~cilln,'~rl Workman: So, Councilman Mason: Second. Mayor Chi, Lei: Zt's been moved and seconded. Co.ncilmal~ Mason.' Z thought you were saying so moved. Councilman WoFkm,'.tr,; Okay, I'll move this. Restriction. What is the motion? Restriction of ordinance amendment Chapter 12 of Clty Code regarding parking of motor v:;lljcles in municipal parking lots. Could we for the next reading get a copy of what all. those are? Z think Z know what they all are but where they all ,'.u'~.: in slatus'? Because I rlotice between the hotel, and Merlyml's tl'leFe's Cars that park for sale and some boats occasionally and I ~ould consJ, der that a ser¥ice, others would consider thai: a ~uJ. sal]Ce, pai-ticul,irly when it snows but that's probably going to liBit that. 3O city council Meeting - January Scott Hart: We have had a number of complaints about vehicles being parked there with for sale signs. Where they used to put them was down on the corneT'. We had a sign and worked that heavily. A number of clties have ordinances prohibit£ng the sale of vehicles on city streets or municipal Lots. We've just been dealing wlth them individually and ca111ng and asklng people to move it but we don't have anything to keep that. I think this would help because I don't thlnk they'd brlng it back and forth for daytlme. I'll bring you a map of all municipal lots. Don Ashuorth: In front of Brooks. The parking lot from there over to Riveria is private but otherwise ali lots downtown are ali public. Everything else was done municipally. The bank is the bank's. I mean all of the other lots dountown. Councilman Workman: Pauly's? Don Ashworth: Pauly's. In front of the Dinner Theatre. Merlyn's. By Kenny's. Councilman Workman: When you say municipal lots, are you saying we own them? Don Ashworth: We carried out the construction of those lots and assessed the costs back to those owners, yes. Councilman Workman: So they're who's lots? Don Ashworth: Ours. In almost all instances except for Paulys/Ponys/Pryzmus we at our sole discretion could actually turn them back. They have 11ke Kennys, they have in there a request option that they can ask that it be turned back but lt's still at our exclusive decision. Councilwoman Oimler: I guess I just have a question on the $10.00 overnight fee. Is that per nlght or can you for an extended perlod of tlme say okay, you can park there for a week? Mayor Chmiel: That's cheaper than a hotel. Scott Hart: It's a one time...like we would charge for shooting permits, loud speaker permits. Councilwoman Dimler: Okay. Well I guess my concern is like, if somebody were at Pauly's and they thought there were not in any shape to drive home, I'd rather have the vehlcle parked there overnight without a permit and then not have them punished for that afterwards and have them get a ride home. How would we handle that? Councilman Mason: That's a good question. Scott Hart: Yeah it is and that's why we've included the 4 hour waitlng period before a citation can be issued. Councilwoman Oimler: 4 hours from when though? 31 Scott Hat-r: Wh;;n tile citaliol]'S issued. But we uou].dll't be cruisil~g those lots looking for cltatioiis. We're looking for abandoned vehicles. There was one as of ].,'~'.-~t week that w,'~s parked behJ. nd P,'~uly's for 3 weeks w.ith 2 flat tires. We just don't have any[hing to do wi. th that. We've have other abandoned vehicles or' people who are using the lots just to store vehicles. In one case we found out they wer~ gone for the winter'... Councilman Mason: D.i.d they put ~t up on blocks too? £OL~nCJ. luomar~ D~mle'r: Okay, but you wouldn't be looking to pick on people who at-.'-_' ~ot dr~vZng home because they aren't in any condition to drlve or anything .1. i ke that? Councilman ~ing: One thing I like about lhese particular ordinances, I think th~;re's a n~-)ed to have th,~t kind of control bmmt one thing is, Scott tends to handle, these things on a personal basis and that's the advantage we've got. So I don't find... Mayor Chmiel: Okay, we have a motion on the floor with a second. Any other d.i scus.'.~i on? Councilman Workman moved, Councilman Mason seconded to an ordinance amending Chapter 12 of City Code Regarding Parking of Motor Vehicles in Municipal parking lots as amended by the Public Safety Director. All voted in favor and the motion carried unanimously. AUTHORIZE PREPARATION OF SUPPLEMENT TO FEASIBILITY STUDY FOR WEST 78TH STREET DETACHMENT PROJECT 87-2. Counc:ilma~ Workman: So inoved. Col.tncilt.~oman D.i. mler: .Second. H~yo'r' Chmiel: Tt's been moved and seconded. The other questlon I guess I had, we're in pre. p~r:~tion of ~nother FeasibilJ. ty study or a supplement amendment to the original study. Why? Charles Folch: It's basically anytlme that we've golng to use speclal assessments to help fund a portlon of the cost of the project we've governed by the Statutes of the State 429 in whlch basically stipulates that if you do not b~;:gill construction of the project within one year after the ordering of the project, yo~ have to relnltlate the process agaJn. Councilwoman Dimler: B~sically we have ilo choice. Charles Folch: Absolutely. Resolution ~92-06: Councilman Workman moved, Councilwoman Dimler seconded to authorize preparation of Supplement Report No. 2 to the Feasibility Study for West ?Sth Street Detachment Project 87--2. All voted in favor and the motion carried unanimously. 32 City Council Meeting - January 13, 1992 COUNCIL PRESENTATIONS: RESOLUTION COMMENDING 3AY JOHNSON AND DEBRA KIND FOR THEIR SERVICE ON THE SOUTHWEST METRO TRANSIT COMMISSION, COUNCILWOMAN DIMLER. Councilwoman Dimler: I just wanted to take the opportunity to commend both Jay Johnson and Oebra Kind for their volunteer commitment to the service on Southwest Metro Translt Commission for the clty of Chanhassen. They both are very instrumental in improving our public transit service. I especially appreciated Jay for his engineering background and his sound advice he gave in those areas and Debra was invaluable with her input from a rider's viewpoint because she rides the bus to work downtown daily and she really understands the...of riders. Therefore, be it resolved that the City of Chanhassen recognize both of them for thelr commitment to the Southwest Metro Transit Commission and to the citizens of Chanhassen by adopting the two separate resolutions that are before us tonight. Mayor Chmiel: Very good. Councilman Workman: I'll second that and also thank Ursula for her efforts there also and Mike's efforts which we wi11. Councilwoman Dlmler: Mike ls golng to do a super job. Resolution ~2-07: Councilwoman Oimler moved, Councilman Workman seconded approving a resolution commending 3ay Johnson for his service on the Southwest Metro Transit Commission. All voted in favor and the motion carried unanimously. Resolution ~2-08: Councilwoman Oimler moved, Councilman Workman seconded approving a resolution commending Oebra Kind for her service on the Southwest Metro Transit Commission. All voted in favor and the motion carried unanimously. Mayor Chmlel: Richard, TH 5 corridor. Councilman Wing: Am I the only one? Mayor Chmiel: You're the only one and if you hurry, we'll be done. Councilman Wing: Then I would like to move that staff be instructed to remain until 11:30. Mr. Mayor, Council, TH 5 is hot. It's developing rapidly and it's development, my concern is going to get ahead of the city in it's current attempt to prepare a corridor study. The parcels are being bought up. We already have one proposal. What do you call it? Not a proposal but. Councilman Wing: It's a concept. Councilman Wing: Concept right in the middle of the corridor itself. Therefore Z would like to just have the 1rem placed on the next agenda for discussion and also the definition and the possib£1ity of a moratorium being established. If the Clty Attorney could look lnto that for the next meeting. We either have to get really aggressive on this corridor study, give it up or get a moratorium and CJ. ty (.',o.ncil. ~oetin~ -- January 1~, 1~92 make up our m_~nds what we're going to do but I thi.k we're going to lose the battl, e here .if we don't move rather rapidly. $o the ~'equest is simply that this be on the .ext Council agenda for discussion. Don ~:-~huort[,: Z should note that Bill Horesch mill. be before tile Planning Commission. Did you make a decision? Pa[ti Krauss: February Sth. Don Ashworih'- On February 5th to go through basically the same items that he had presented to the joint group. The members from tile HRA, Council and Planning Commission so if any of you are able to attend that, Z thlnk it was well uorthuhJ, le exercise the flight we had done Lt with the other group. This really the next step in gettlng thlngs rolllng. Councilwoman Oimler moved, Councilman Workman seconded to adjourn the meeting. voted Jn favor and the motion carried. The meeting was adjourned at 9:05 Submitted by Don Ashuorth City Manager Prepared by Nann Ophelm 34