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1991 03 11CHANMASSEN CITY COUNCIL REGULAR MEETING MARCH 11, 1991 Mayor Chmiei called the meeting to order at 7:3o p.m.. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Chmiel, Councilman Workman, Councilman Wing, Councilwoman Dimler and Councilman Mason STAFF PRESENT: Don Ashworth, Roger Knutson, Jo Ann 01sen, Paul Krauss, Charles Folch, and Todd Hoffman APPROVAL OF AGENDA: Counciluoman Oimler moved, Councilman Wing seconded to approve the agenda uith the following amendments: Mayor Chmiel corrected the spe111ng of the name on ltem 3 from Robert Kerling to Robert K11nger and added under Council Presentations discussion on the police contract meeting. voted in favor of the agenda as amended and the motlon carrled unanimously. PUBLIC ANNOUNCEMENTS: Mayor Chmlel lnvlted the Brounier and Glrl Scouts in the audlence to joln him in the reading of the Proclamation declaring March 10-1~, 1991 as Girl Scout Week. Resolution ~1-20: Mayor Chmiel moved, Councilwoman Dimler seconded to approve a Resolution declaring the week of March lO-l&, 1991 as Girl Scout Week. All voted in favor and the motion carried unanimously. RESOLUTION OF SUPPORT FOR A SCOTT AND CARVER COUNTY RESIDENT FOR APPOINTMENT TO THE METROPOLITAN COUNCIL DISTRICT 14 POSIT~ON- (The taping of the meeting began at this point in the discussion.) Mayor Chmiel: ...I do not have a total listing. I have been told who they are but I really don't remember. Councilwoman Oimler: Okay, and do you know, is there some Dakota County ones7 Mayor Chmiel: There was, I believe it was either one or two. Councilwoman Dimler: We don't know their names7 Mayor Chmiel: No. I know one of them was Jim Mullin from Chaska and. Councilwoman Olmler: And someone was from Shakopee I belleve. Mayor Chmiel: Yes. Councilwoman Olmler: But you don't know if Dakota County? Mayor Chmiel: I've not received those names. Councilwoman Olmler: Does he have a broad enough base to choose from do you think? 1 City Council Meeting - March 11, 1991 Mayor Chmiel: Weli I think there's enough people that are interested in it, yes. And I think some of the ones that, welcome. A quick trip from the airport. But anyway, I uouid like for us to. Councilwoman Dimler: As long as he has enough to choose from, I will move the motion for the resolution. Mayor Chmiel: There are sufficient candidates, yes. Is there a second? Councilman Mason: I'll second it. Resolution #91-21: Councilwoman Oimler moved, Councilman Mason seconded to approve the Resolution of support for a Scott or Carver County resident for appointment to the Metropolitan Council District 14 position. All voted in favor and the motion carried unanimously. CONSENT AGENDA: Councilwoman Dimler moved, Councilman Mason seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Establish 1991 Lake Ann Park Entrance Fees. b. Approve Development Contract for Valvoline Oil Change. c. Zoning Ordinance Amendment to Amend Section 20-41 by Adding Language stating that Amendments shall not be adopted that are Inconsistent with the Comprehensive Plan, First Reading. d. Zoning Ordinance Amendment to Amend Section 20-576(3) Regarding Contractor's Yards as an Interim Use, Final Reading. Zoning Ordinance Amendment to Amend Section 20-406 Regarding Variances to the Wetland Ordinance to Follow the Procedure as stated in Division 3, Variances of the Zoning Ordinance, Final Reading. f. Zoning Ordinance Amendment to Revise Article V, Flood Plain Overlay District, Final Reading and Approve Summary Ordinance for Publication Purposes. g. Zoning Ordinance Amendment to Amend Section 20-29(d) Changing the Filing of an Appeal to the Board of Adjustment's Decision from 10 days to 4 days, Final Reading. h. Resolution ~1-22: Support State Statute Amendment to Strengthen Cigarette Sale Penalties. i. Lake Susan Hills West 6th Addition: 1) Approve Development Contract 2) Approve Plans and Specifications for Utility Construction City Council Meeting - March 11, 1991 k. Approve Contract Time Extension, Chanhassen SCADA Project 90-3. 1. Approval of Accounts. m. City Council Minutes dated February 25, 1991 Park and Recreation Commission Minutes dated February 26, 1991 n. Approve Certificate of Correction, Chan Haven Plaza 2nd Addition, Ted Kemna. All voted in favor and the motion carried unanimously. VISITOR PRESENTATIONS: None. APPEAL DECISION OF THE BOARD OF AD3USTHENTS AND APPEALS FOR A VARIANCE TO THE REAR YARD SETBACK FOR CONSTRUCTIOH OF A DESK; pANIEL KERLING. 310 SINNEN CIRCLE; AND ROBERT KLINGER, 8180 HARSH DR~VE. Jo Ann Olsen: This item was considered first by the Board of Adjustments and at that time the variance request to the decks was denied. Since then, or the applicants did not go in front of the Council to appeal that decision. Since then the applicants did construct the decks and the City is in the process of a Court Summons with them. As part of that, the applicants have requested to again go through the process to allow the Board of Adjustments to look through the facts. To again study whether or not a hardship exists and then also to give them an opportunity to have the Council this time review it. Staff still sees the case the same. None of the facts have changed except that the decks now exist. We still found no hardship and we went in front of the Board of Adjustments and they also agreed that there was no hardship and again recommended denial. So now it is coming before the Council for the first time for your review. Again, we feel that there is no hardship. That they still have reasonable use of the property and are recommending denial. Mayor Chmiel: Okay, thank you Jo Ann. Before we get into this, I would like to have Roger give me an opinion uhat this second request. Roger, if you could just clarify that please. Roger Knutson: Certainly. Mr. Mayor, members of the Council. This evening you're being asked to reconsider the unanimous decision of the Board of Adjustments and Appeals who denied this variance. Based upon past practice, the practice of this Council has been to refuse to reconsider unanimous deotsions of the Board of Adjustments and Appeals. Slnce thls matter ls currently in litigation, I've looked at it fairly carefully, very carefully, and I concur in the judgment of the Plannlng staff. Crlteria for a varlance are not met. There is no hardship under the definition that exist in our ordinance. That's my oplnlon. If the Council concurs, the Councll could thls evenlng vote to deny the reconsideration. Thereby adopting, you could just vote to deny the reconsideration. Or you could do what you wl11. Mayor Chmiel: Okay. Any discussion? Councilwoman Dimler: If we deny the reconsideration, then it remains in the Courts where it presently is? Roger Knutson: That's correct. City Council Meeting - March 11, 1991 Mayor Chf, iel: Mike, do you have anything? I might say before I have you indicate. I did receive several requests from tile, for the construction of the deck from different adjacent neighbors in the neighborhood. Either side but I just want to point that our for the record. That these will remain within the City. Councilman Workman: Did you say on either side Don? Mayor Chmiel: Right. Councilman Mason: You mean on either side of the issues or either side of the neighbors? Mayor Chmiel: No. Neighbors either side. Either in the back or the front. Councilman Mason: Yeah. I received those letters too and I thought they were very thoughtful and very considerate letters. On this one I appreciate the concern that the neighbors have but as I was at the last Board of Appeals meeting and have gone through all the information on this, I think that's a little bit after the fact. These folks had a chance to appeal the decision in the first place. They chose not to do it and with total disregard, put the deck up. There's a comment about an ex-city employee saying oh, go ahead and build it anyway. I guess I think that's a little irrelevant. I certainly think if a Minnetonka police officer told me I could drive 50 in a 30 and I did it and another Minnetonka police officer picked me up, I think he'd probably laugh at me while lie was writing out the ticket. I concur completely with the Board of Adjustments and Appeals. I don't like the idea of telling someone they have to tear down all that sweat, sweat equity and money and this, that and the other thing. However, it seems to me they've had total disregard for the codes of Chanhassen and I think to let that deck stand is telling the rest of the City they don't have to pay any attention to the time we spend making some of these codes. I agree completely with the Board of Adjustments and Appeals. And it's not easy for me to say that but that's the vax I see it. Mayor Chmiel: Good. Thank you. Councilwoman Oimler: I have a few questions that I didn't, the report was excellent but there were still a few questions left in my mind and maybe Jo Ann or Paul could try to address these. The first thlng was, dld they bulld the decks over the drainage easement? Jo Ann Olsen: No. No they did not. Councilwoman Oimler: So that's not a violation? Okay. And there was a comment in there about the fee not havlng been returned and therefore it was lmplled consent. Do we normally return fees if we deny? Jo Ann Olsen: Only if J.t's requested and no, we do not normally. Councilwoman Dimler: Okay, and did they ever request to have the fee returned? Jo Ann Olsen: We checked under the Building Department and we couldn't find any City Council Meeting - March record of it belng returned or requested. I don't know if they found anything since then but no. Councilwoman Dimler: Okay. Does the City usually look at the house plans and okay them before they issue a permit? Jo Ann Olsen: We always look at the setbacks. Just recently since we've had an additional person in the Planning Department, we've taken the time to look and see if there's additional room for a deck where it shows patlo doors. Councilwoman Dlmler: Okay. And I guess this one I'd have to ask the applicant because they made a statement that the Count11, and I thlnk thls was the former Council, when they approved the PUD that they knew at the time that variances would be needed and Z just want to ask them how they knew that the Councll knew this. OD you have that in writing from the Council members? Previous Counc£1 members? Because you're saying this is lmplying consent agaln. When they approved the PUO, they were implying that they would approve variances. Steven Peterson: Perhaps I can best, where are you look£ng at? Mayor Chmiel: Would you like to come up here to the podium and state your name and your address please? Councilwoman Dimler: In your statement of hardship I believe it says that and the pages aren't numbered but it's the second to the last page. It says the PUO was approved by the Clty Council even though the Council knew that there would be problems and that the owners would probably not be able to comply with the zonlng ordinances. Dld you have statements from those Councilmembers statlng that? Mayor Chmiel: Could you please just state your name? Steven peterson: I'm sorry. My name is Steven Peterson. I'm an attorney here in Chanhassen representing both of the applicants here. There are some Minutes of meetings. My recollection is that they are from the original Board of Appeals and Adjustments hearlng made by Carol Watson statlng that when thls was approved the Council knew that there would be problems, or words to that effect. Councilwoman Dimler: Okay. So that's where you got that? Okay, thank you. Also, you state here that on the bottom of that page that city officials now clalm that the consent by one department does not constitute consent by another and then it goes on to say, on the last page, that the City gave lmplied consent to the construction of the deck and in faot gave actual consent to the construction of the deck. OD you have something in writing that shows this actual consent? Steven Peterson: No. We have the statements made by a city official verbally. Councilwoman Oimler: But not in writing? Steven Peterson: Not in writing. Councilwoman Oimler: Okay, thank you. With that I guess I just have to say City Council Meeting -- Hatch il, 1991 that'.~: the information that I needed and I want to say that I'm really glad to see such harmony in a neighborhood and that everyone agrees with the construction of these decks. But I've also seen case~ where somebody has built .t ~;tructure that wasn't so appealing such as a dog kennel or maybe a slab of concrete where they plan to put their boat and trailer and it was up to the property line of the other people. And there the neighbors were the first to ,~;:~y 'that they were glad that the City enforces it's ordinances. So .~ hope with examples such as tl~at, that we can see that the City needs to have some ordinances here and they need to be enforceable. And from reading through the reports and the timing that they actually on the day before Steve Nelson found the decks ali. constructed, that there was a letter stating that the permit had been abandoned and they don't intend to build the deck. To me that shows real willful defiance of the City ordinance. And therefore I can do nothing else but to support the staff and the Board of Adjustment of Appeals for all the time and work they've put into this. And ~ know they originally made a mistake by issuing the permit but they caught it in time. The deck was not built. They were notified that the issuance of the permit was an error and yet the decks were built. $o with all those facts, I just can do nothing but to deny approval. Hayor Chmiel: Thank you Ursula. Richard? Councilman Wing: I don't have any additional comments. Hayor Chmiel: Tom? Councilman Workman: Hy comments are part of the record for the Board of Adjustments. Hayor Chmie].: I too am going to support staff on this. About a year or year and a haJf ago I was out to Hr. Klinger's to revieu the problel, of a variance and discuss the deck with me. In discussion at that particular time, I told them that it was not in accordance with the requirements of the City of Chanhassen as far as the ordinance is concerned. And that a deck could really not be built within that particular location. I did go back out and I did see 'the decks, both of them and Z sympathize with Hr. Klinger with his hot tub adjacent to that particular area as well as with the Kerlings but I too feel '[hat there were things that were done and should have been done and Z certainly am not too happy to indicate that I will support staff's position. Steven Peterso;~: I should perhaps apologize by arriving a feu minutes late for tonight's meeting. I uould ask that you think about, at least reconsidering. There oas a city official at the time. This city official was advising both of my clients on how they should proceed. Hy clients followed the advice of the city official. That's what got them in trouble. They didn't know that different departments had different authorities and might not agree with each other. ~nd the position that we have taken is that it is because of the advice of the city official, that a hardship does exist. To go back at this point and tell. these two individuals that they were wrong for listening to a city official, that for all intent and purposes had the power to bind the city of r. hal~hassen with regard to the building of decks, is not something that the City Council should approve at this point. In other words, saying that well we may have had a city official giving bad advice 2 years ago, ue're going to ignore City Council Meeting - March the fact that that happened and enforce the ordinance. That's not fair to the residents who didn't know what was happening within the city and what must have been some dispute between the city official and the city itself or within the city, a dispute between departments. Hy clients were caught in the middle of this and now they're being punished for it. I submit that that is not a fair and equitable way to treat my two clients. And again I would just ask that you reconsider based upon the actions of a city official that had the authority to bind the city and did so in an inappropriate manner. Don Ashworth: I believe the employee you're referring to is Ron gulkowski. Staff has talked with Ron. He has stated that he had never made those type of statements. He is no longer employed with the City. He has no reason to state anything but what he truly believes is correct. His records stands for itself. I mean he at no time ever waivered from the Codes of the City. Anything that was approved was placed in writing. And he has the highest regard for Planning during that entire timeframe. Jo Ann, Paul, Ron worked very, very well as a team. Mayor Chmiel: Roger. Roger Knutson: Just one comment. No one on city staff, the City Manager, myself, no one can take away your power to grant variances or no one can ignore, no one on City staff can tell an applicant to ignore the ordinances. No one has the power to bind the City to lgnore the ordinances. You cannot be estopped from enforcing our zonlng ordinances based upon allegedly bum advlce. I think it's also important to remember the sequence of events here. They just went through the Board of Adjustments and Appeals and they got turned down. They had no right, if they got that bum advice from someone, not only legally does that not blnd the Clty but lt's unbelleveable anyone could rely upon that klnd of bum advice as given after they've gone through a formal process and told no, you can't do lt. Mayor Chmiel: Good. Thank you Roger. Councilman Wing: Mr. Mayor, just a couple of clarifications that I had. In the packet on the second page, datlng back here to June 26, 1989. Then as you move into February. After belng talked to by the Ctty in February, 1990, Mr. Kerling stated he did not build a deck but yet on March 3rd, Steve Nelson inspected the site and found a deck had been constructed. Then if we move down to 8180 Marsh Drive, when Mr. Klinger was approached about a final inspection, March 2, 1990 the bulldlng department recelved a letter from Mr. K11nger statlng that the deck was abandoned due to financial factors. On March 3, 1990, Inspector Nelson refilled that an attached deck had been constructed. These decks aren't even subtle. You know I think as a City Councilman that would like to be flexible, a double door and a deck to me could be subtle but what I found is not subtle. It was a major construction project that was really at a high risk factor and if anybody that's flexlble on these issues, I guess I feel I am and these statements really trouble me as having been really flagrant confrontations so I guess, although I stated I didn't have anything to say, I guess I'm going to support your position Mr. Mayor. I guess could you address those? These are really conflicting statements. City Council Meeting -- March ii, 1991 Steve, Peterso~l: Certainly. Hhen the City official advised my clients, it was prio~' to tile hearing before the Board of Adjustme~lts. He notified, or advised my clients that they shou].d appear. Attempt to get the variance. If the variance is denied, to say nothing. To not appeal but to walk out of the meeting. Then to go ahead and build the decks. And that if there were any complaints, they would be run through him and his department and that nothing would come of it. That should anyone ask what happened, they were to simply say that it had been worked out with the City if a neighbor asked. But not to go beyond that, Councilman Wing: Based or, the ordinances, you find that defensible? Steven Peterson: The statement by the City official to do that of' the position? Councilman Hi,g: Well, based on the ordinances you find that that position is a defensible position,? I guess I can't. SLeven Peters,n: Z do not agree with what the City official said by any means. have an understanding and a sympathy for my clients for following his advlce, although in retrospect I'm sure they wish they had never done that. Councilwoman Oimler: I guess I'd like to make a clarification. We're not talklng about a Clty official here. He're talklng about a Clty employee that does~'t have the authority and I don't even believe he was head of the department. Dld he head up hls department? Was he in charge of the department? Don Ashworth: No. He was a building official. Councilwoman Dimler: He was just a building official and that's a really weak ~hing to base your whole, and the fact that it was just one day, March 2nd. Councilman Wing: No, these are separate people. March 2nd, the building department received a letter from Hr. Klinger stating that the deck was abandoned. Yet a separate inspector, Steve Nelson on March 3rd verlfled the deck had been built. Councilwoman Dimler: Yeah. Steven Peters.ri: The one day is when this was happening, the advice was given long before that and the 8oard of Appeals hearing was long before that. Mayor Chmiel: Well, I guess that's why we have the Board of Adjustments and Appeals to ,lake sure that people do comply with tile requirements of the City. Councilwoman Oimler: Plus I'd like to see it in uritlng. Mayor Chmiel: Yeah. To just go ahead and, as Richard said, flagrantly construct and build that wlthout havlng the authority, places them, ina very precarious position. And I don't see any additional discussion to be carrled on with this at thls present time. I'm golng to call for the quest1,, wlth regard ~o this. For a motion to deny the request as suggested by our City Attorney for not belng in compliance ulth Clty ordirlance. City Council Meeting - March 11, lggl Councilwoman Oimler: Shall we just deny reconsideration? Can we do that? Zsn't that what you suggested? Roger Knutson: Yes, that'd be flne. Denied based upon the record before the Board of Adjustments and Appeals and based upon the findings of the evldence from the staff reports. Mayor Chmiel: Very good. With that correction. Councilwoman Dimler: Okay. I move that we deny reconsideration based upon the staff findings and the Board of Adjustments and Appeals decisions that was made twice. Mayor Chmlel: Is there a second? Councilman Mason: I'll second. Councilwoman Dimler moved, Councilman Hason seconded to deny the reconsideration to a variance to the rear yard setback for construction of a deck for Dante1 Kerling, 310 Sinnen Circle and Robert Klinger, 8180 Harsh Drtve based upon the record before the Board of Adjustments and Appeals and based upon the findin;s of the evidence from the staff reports. All voted in favor and the motion carried unanimously. COUNCIL PRESENTATIONS: Mayor Chmiel: I just wanted to let the balance of the Councll be aware of the fact that we are having a police contract meeting to be held on March 20th at 7:00 at the Chanhassen Publlc Safety Bullding in the courtyard. And the agenda's going to include some discussion on the advantages of police contracting and how well pollce contracting works wlth the city and with the clty and vlce versa. So therefore I'd like to request that if anyone could make it, please do so. I'm golng to have to be in another public hearlng meeting myself. I'm not going to be able to do this, even though I hosted the particular day, unless that gets changed for me. Councilwoman Dimler: Could you repeat that day again? Mayor Chmiel: It's going to be March 20th at 7:00 p.m.. ADHINISTRATIVE PRESENTATIONS: SET CITY COUnCiL WORKSHOP DATE. UINNEWASHTR PARKWAY UPGRADE, ASSISTANT CITY ENGINEER. Charles Folch: As I'm sure you're aware, the proposed Minnewashta Parkway project ls going to be a very large and lnvolved project. The consultants, Engelhardt and Associates is for all intent and purposes completed with the feasibility study. It has been suggested that it mlght be beneficial to hold a neighborhood meeting and a workshop with the City Council to discuss key aspects of the project prior to holdlng the publlc hearing on the feasibility report. I've conferred with Bill Engelhardt and Gary Warren, who's been closely involved in the project, to get some suggested dates that would work with them. Zn the next few weeks or so only two dates will work for both Bill and Gary. Those being Thursday the 14th, whlch ls the nlght of the trafflc slgnage workshop and City Council Meeting - March 11, 1991 Wednesday the 20th of March. I guess I would like to pose the question to Council on a preferred date or if neither one of these is acceptable, I'm willing to entertain another date which we could work out. Councilwoman Oimler: I'm not available on either date. Councilman Workman: What are the two dates? Charles Folch: Thursday. This coming Thursday, March 14th or next Wednesday, t he 20t h. Councilman Workman: And there's a Public Safety affair on the 14th. Charles Folch: That's correct. If that was a workable date, in know the difficulty in trying to get everyone's schedule to work out, if that would be a date that everybody planned on, we could possibly schedule it after the workshop was done. Councilwoman Oimler: Because it was a joint meeting I believe with the Public Safety. Mayor Chmiel: Yeah. And that's a 6:00 to 8:00 meeting. Is everyone going to be there? Councilwoman Dimler: After 8:00, yeah. Mayor Chmiel: Right after 8:00. Councilwoman Dimler: That would be alright. Mayor Chmiel: It's not that bad Tom. Don Ashworth: I don't think the item will take that long but the Council should be aware. Councilman Workman: Is the public invited? Don Ashuorth: Well what this would be is a work session to insure that the Counc11 ls aware of the proposed assessment pollcles that we would be looklng at before ue send out the notices because we found that if we sent out the notices and then we change, we're in more trouble than if we can come to some agreement that this should be, that we should follow a procedure slmilar to Bluff Creek or Frontlet or whatever it happens to be. It glves the Council a better understanding of what the project is all about before you go into the formal hearing process. Mayor Chmiel: I would like to see the same as Don is saying to have the consensus and oplnions of the residents within that speciflc area. To let them know exactly what's happening and a meetlng u111 be held for those people to explain what's golng to take place and letters u111 be sent to all those residents. 10 City Council Meeting - March 11, 1991 Councilman Wing: Mr. Mayor, can I get a review of what's happening here? On the 14th there's a Public Safety meeting, Public Safety Commission meeting. Mayor Chmiel: Right. That's from 6:00 to 8:00. Councilman Wing: And is that going to be a joint meeting? Mayor Chmiel: That's a joint City Council and Public Safety. Councilman Mason: That's the traffic signage one right? Mayor Chmiel: Right. Councilman Workman: At the fire station? Mayor Chmiel: At the fire station. Councilman Wing: And that has to do with signage? Charles Folch: That's correct. From 6:00 to 7:00 there's a drug awareness presentation and then from ?:00 to 8:30 is a traffic signage presentation or workshop. Councilman Wing: Right. And then after that is this Minnewashta project? Mayor Chmiel: Right. Councilman Wing: Then on the 20th, what's the subject of the contract meeting? Who's involved in that then? What's the purpose of that meeting? Mayor Chmiel: That's the one that I have normally been going to and they go from city to city. Councilman Wing: Oh I understand. And she's going to be at Chanhassen? Mayor Chmiel: Right. They're going to be here. Councilman Wing: That was really boring last time. It was terribly disappointing. Mayor Chmiel: I know but I woke you up twice. Councilman Wing: I'll just comment on that .... Oon I think will refer to the past, you used to attend those on a regular basis and they were really interesting and that one was just as pleasant and positive as it could be. Okay, I understand. Councilman Workman: The Council on a whole has become boring. That's a compliment. Councilwoman Dimler: Harmony is boring, yeah. Mayor Chmiel: Richard? You're talking about my presentation that was boring? ii City Council Meeting - March 11, 1991 Councilman Wing: No, no. Not at all. So we are hosting the County wide contract meeting? Mayor Chmiel: Correct. Councilman Wing: Okay. Thank you. Councilwoman Dimler: Will that be in the chamber here? Mayor Chmiel: No. Upstairs in the atrium. Unless there's an over abundance and then ue may move from up there. Councilman Wing: And this Hinneuashta issue is locked into the 14th. If there's anybody that should be at that one it's probably me and I don't thlnk I'll make it that night. Can I have a speclal sesslon with the City Manager and Mayor then perhaps to update? Mayor Chmiel: Sure. Be glad to. Councilman Workman: But if you want it straight, you'd better meet with me. So, are we going to meet wlth Charles after the Public Safety then? Mayor Chmiel: Yes. After 8:00. Okay. There's one other thlng I thlnk we have to dlscuss and Z thlnk that each of you just recelved a packet thls evening which are the cooperative agreements for improvements on TH 5. Maybe Charles, you'd just like to hit that just rather 11ghtly. But if we do, we're going to have to amend the agenda to set thls and put it back on our agenda at thls particular time. Charles Folch: The first document that you have before you is an agreement for the cost sharing on the installation of new traffic signals and lights at Dakota Avenue, TH 101, Market and County Road 17. The other agreement ls for the cost sharing of the infrastructure improvements to TH 5 between the eastern Carver County 11ne and Park Road. These two agreements encompass the Clty's participation in this segment of the TH 5 project. Thus their approval would also be an approval for the underlying project plans and specifications. In the intent of not delaying the March 22nd contract letting for another 2 months, this 1rem ls put before you tonight for approval. Mayor Chmiel: That's correct. And if we did not do it this evening, we'd put the whole project behlnd and that's the reason why I brought thls up. Don Ashworth: I have to apologize for getting this to the Council late. It just came in Friday. It ls in conformance with everything you've done so I mean the Council's fully aware of what it ls we're proposing to do along there with the cost sharing elements. This lncludes the stuff back ulth the HRA. They have problems in terms of getting the physical documents to us but then they turn right around and say, you've got to sign them today, otherwise the project won't go forward. So I flnd myself kind of between a rock and a hard place. If you want to have the project move ahead, you really have to act on them tonlght. Charles, Gary, myself have all looked through them. I thlnk that they are in conformance to what you've previously agreed to and I'm sorry I'm brlnglng them to you at a late minute but I would recommend approval. 12 City Council Meeting - March Councilman Workman: I would move. Councilwoman Dimler: Can I ask a question? Do you have a dollar amount on these? Don Ashworth: The signal portion of the agreement is $32,000.00. About $32,000.00. Mayor Chmiel: Approximately. Councilwoman Dimler: For signals? Don Ashuorth: Yeah. That represents ll~ of the signal cost at each of the signals that Charles had just gone through bringing out. It also includes the entry cost, medians, lighting and that has a cost factor of approximately $400,000.00 and that was approved by the HRA roughly one year ago. Maybe a little less. Councilwoman Oimler: Okay. So this is HRA money... Don Ashworth: In both instances. Councilman Wing: Before the motion, there's just one comment I've been dying to sllp in sometime in my next 4 years. Councilman Mason: You're going to shoot it this early? Councilman Wing: I have a choice of going home two ways, TH 5 or TH 7 and I thlnk most people would prefer that I go TH 5 and stop for gas and so on and so forth. I'm finding the City to becoming almost impassable and I'm getting, just enjoying the fact that I can turn off at Dakota. Leisurely drive through downtown and come back out on Powers Blvd. and be way ahead of TH 5 trafflc. Now lnto my concern here. On County Road 19 on TH 7 there's a new stop slgn and it clearly favors TH 7 and I almost don't notlce it because it's just so favorable for TH 7. It keeps traffic rolling and lt's green for a long time and it kind of allows the other trafflc to stay put. It seems to me that TH 5 is not, the stop slgns are not favorlng TH 5. At Powers and TH 5 in particular, even with no traffic going north and south, there's left turns, right turns, hesitation here and as a matter of fact, there have been times in may environmental mode, just shut my car off because it seems more practical to do that to slt and wait that sign out. I just wonder if you couldn't approach MnOot and specifically ask, can we get passage through Chanhassen a little more enjoyable with the slgns favorlng TH 5 a 11ttle more? A 11ttle less to the lighter traffic, north/south streets. More green lights. Better timed. Better traffic flow for TH 5 so that I as a Councilmen would use my own clty versus drivlng to avoid it. Mayor Chmiel: Are you talking about Powers Blvd.? Councilman Wing: I'm going to start at Dakota and move right on through. Mayor Chmiel: That's my'exit too onto TH 5. 13 City Council Meoting --March 11, 1991 Councilman Masol~: But have you been backed up at ?:00 in the morning trying to get onto TH 5 from Chanhassen backed up ail the way to TI4 1017 Mayor Chmiel: That was going to be my next question. Councilman Wing: No sir. I think the thru street is TH 5 and has to be somewhat protected, or at least better 'timed but I'm going from one sign to a red light to a red light to a red light and all I'm telling you is, and we've heard complaints here prior that people are cutting through the city. I'm just telling you. Councilman Workman: Well the TH lol intersection's going to stop that because you're going to have a light and everything else. You're not going to cut through the City like that anymore. Charles Folcll: Actually this signal improvement that they're planning on doing is going to insta].l four new, fairly high tech signals which will all be interconnected basically from CR 17 through Dakota so that they will be able to time the lights in sequence so you can have steady platoons moving through the city in a more efficient manner. And hopefully that will take care of some of those problems that you' re experiencing. Councilman Workman: And [he worst light of the whole system is Wallace Road in Eden Prairie. 2:00 a.m. in the morning it will turn red. Nobody's trying to get on. No nothing. Zt's just unbelieveable. As soon as you approach it you trigger something and it goes red. Councilman Wing: I do come home from work at 2:00 in the morning though and go to work at 4:00 in the morning and I'm going through the night hours and I just want [o say, I'd like you to formally make sure that MnOot reviews that. ~nd off the record, I have found myself yelling obscenities at 4:00 in the morning stopping ~t these stop signs. Councilman Workman: I would move to amend the agenda. Mayor Chmiel: Thank you. Is there a second? Councilwoman Dimler: Second. Councilman Workman moved, Councilwoman Dimler seconded to amend the agenda to discuss the Cooperative Agreements for Trunk Highway 5. All voted in favor and the motion carried. The agenda as amended. Councilman Workman: I'd move to amend the s[uff. Councilwoman Dialer: To accept. Mayor Chmiel: The Cooperative Agreements for improvements to Trunk Highway 5 between Eastern Carver County line and Park Drive. Councilwoman Oimler: That's it. I'll second i~. 14 City Council Meeting ~ March Resolution ~91-23: Councilman Workman moved, Councilwoman Dimler seconded to approve the plans and specifications for the upgrade of Trunk Highway 5 from Eastern Carver County to Park Drive. All voted in favor and the motion carried unanimously. Resolution ~91-24: Councilman Workman moved, Councilwoman Oimler seconded to approve a resolution to authorize the City to enter into an agreement with HnDot to share costs for the Trunk Highway 5 upgrade from Eastern Carver County to Park Drive. All voted in favor and the motion carried unanimously. Resolution ~91-25: Councilman Workman moved, Councilwoman Dialer seconded to approve a resolution approving an agreement with HnDot to share costs of traffic signals and intersection lighting along Trunk Highway 5 at Dakota Avenue, Trunk Highway 101, Harket Blvd. and County Road 17. Councilman Workman moved, Councilwoman Dimler seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:17 p.m.. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 1S