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CC 2003 04 28CHANHASSEN CITY COUNCIL RF~ULAR MEETING SUMMARY MINUTES APRIL 28, 2005 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUN~XLMEMBER~ PRESENT: Mayor 1~-1~, Councilman Labatt, Cotmcilman Ayott~, Councilman Lundquist and Councilman Peterson ~TAFF PRE~ENT: Todd Gerhardt, Justin Miller, Roger Knutson, Jill Sinclair, Kate Aanenson, Todd Hoffman, Bruce DeJong, and Teresa Burgess PUBLIC PR~E~r FOR A~L ~: Janet & lerry Paulsen 7305 Laredo Drive PUBLIC ANNOUN~i~MENTS: ARBOR DAY~ MAY 3~ 2003: PR0CLAMATIQN I)ECLAR~; ARBQR DAY, INCLUD~G CITY SPONSOR~O ~/ENTS. Mayor Furlong outlined the schedule of events for the Arbor Day celebration being held at the Recreation Center warming house on Saturday, May 3~ from 10:00 a.m. to noon. He then read the proclamation proclaiming Saturday, May 3, 2003 as Arbor Day and asked for a motion~ Resolution #~,003-41: Councilman Lundquist moved, Councilman Ayotte seconded to adopt the Arbor Day proclamation as shown in Exhibit A. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PR~S~TATION 9F ARBOR OAY P~T~R CONT~ WnVI~IERS. Jill Sinclair, the City Forester and Marcus Zbinden, Chairman of the Environmental Commission were present to announce the winners of the Arbor Day Poster Ccotesc The grand prize winner was Laura Wondra, second place was Molly Lass, and third place was Meredith Workman. R~C~ATION CO--ION, ANO PRESENTATIQN 0F MAP~.~ ~ AWARO T~ Sm~ROL BRO0~. HOWARD, SENIOR COMMISSION. David Happe was not present at the meeting. Mayor Purl~ presented the Maple Leaf Award to Sheml Howard for her 12 years of service on the Senior Commission. cONSENT ACeENDA: Councilman Peterson moved, ConneilmRn Lundqu~ seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: b. Resolution ~1}03-42: Accept Utilities in the Big Woods on Lotus Lake, Project 01-12. c. Resolution g2(}03-43: Accept Utilities for Vasserman Ridge, Project 02-10. City Council Meeting - April 28, 2003 d. Approval of Minutes: -City Council Work Session Minutes dated April 14, 2003 -Board of Review and Equalization Minutes dated April 14, 2003 -Summary and Verbatim City Council Minu~ of April 14, 2003 e. Approval of Modification m Business Subsidy Criteria. Approval of Metro Environmental Partnership Grant for Project I-I~O; Authorization for Mayor to Sign Agreement g. Resolution g2003-44: Approval of Change Order No. 6; Chanhassen Library. i. Accept Donation from Genmml Mills for Safety Camp. 21303. Approval Amendment m Development Contract for Boyer Lake l~innewaahta Addition, Project 02-11. All voted in favor and the motion carried unanimously with a vote of S to O. VI~ITQR PRESENTATIONS: Public Present: Nnme Add _resS_~ Ixni & Mark Jesherg Ken & Gamita Wencl Shirley Robinson Laurie Smmd Tom Houston Jo Thompson Fred, Greta & Freddy Kamps John & Barbara Jacoby 8407 Gre~ Plains Boulevard 8412 C.a~at Plains Boulevard 8502 Great Plains Boulevard 8410 Great Plains Boulevard 8520 Great Plains Boulevard 580/VFlSSion Hill~ Drive 8410 Great ~ Boulevard 8516 C~reat Plains Boulevard Ken Wencl spoke for the neighborhood regarding ~ safety concerns on FFtghway 101 south of Highway 5. He stated the neighborhood would li~ to see the speed limit reduced fi'om 40 to 30 miles per hour for the one mile stretch of road from Highway 5 south to the entrance of Chanhassen Hills and ask~ the City Council for the/r help. Mayor Furlong informed the public of the council action directing stuff to organize a task force to specifically address this issue~ Tom Houston, another neighbor who lives on Great Plains Boulevard, spoke about the need for enforcement of the speed limit on that road. LAW ENFQRCEMRNT/FII~ DRPARTMlOqT UPDATE. Sergeant Jim Olson reviewed the statistics from the March area report and citation list. Councilman Lundquist asked about the dramatic increase in child abuse/neglect cases and if there was anything, one or two specific incidents that caused the much higher rate this year than last year. Councilman Ayotte asked Sergeant Olson to share with the council and the audience about the presentation he and Beth Hoiseth gave regarding child abuse. Included in the packet was a letmr on tobacco comp~ checks on all 17 businesses that sell tobacco products in the city and th~ all passed. A number of business complexes are getting hit with people breaking in and stealing car stm'eos and also ~es in garages. He also stated that law enforcement was targeting illegal passing on lake Lucy Road and Powers Boulevard. Mayor City Council Meeting- April 28, 2003 Furlong thanked Sergeant Olson for the efforts of the sheriff's ~t in addressing the concerns of the City Council. Assistant Fire Chief Oreg Hayes presented the fire depamnent overview. He stated fire calls year to date were up from last year, but that last year was a down year. The most notable incident was a 2 house fire in Eden Prairie that the fire depa_rtn~nt assisted in, while being able to keep the city of Chanhassen under protection. In June the Chanhassen FLre Department will be hosting an exercise evacnsting 5060 people and providing medi~ care with several agencies. Councilman Lundquist asked about the bi~ helmet program, which is operated out of the Crime Prevention Specialist's office. PI~IBLIC I~A/HNG: CQN~IDER PROC~RAM FOR ~ ~AN~ QF REVENUE BONDS TO FINAN~E A PROPQ~ED 54-I,]N~ MI~TI-FAM~Y RF~mE1NTIAL RENTAL PROJFA.:F. LOCATED AT TFIE NORTI:iEA~T QU?,DRANT OF TH~: IN'r~:~I~'TIQN QF LAgs: DRIVE AND MAIN STREET. VOP I, ~ Bruce DeJong explained that the City Council was being asked to issue revenue bonds for a multi-family senior housing project on the Villages on the Ponds. These bonds will not be obligations of the City of Chanhassen, but will be paid back solely through revenues of the project. This is a program that the State of Minnesota has in place that allows for developers putting together this type of housing to have access to lower interest rates to make the units more affordable and to encourage thi~ type of development. Councilman Peterson asked how staff cax~ up with the amount for the bond. Vernelle Clayton stated is was based on an underwriting criteria. Coundlman Lundquist asked for clarification on why the project was using the City to issue the revenue bonds. Mayor Furlong clarified that the City had no financial credit risk in issuing these bonds and then opened up the public hearing. Seeing no one wishing to ~ the public ~g was closed. City Council had no ftuther questions. Resolution ~Z(}03-45; Councilman Labatt moved, Councilman Ayotte seconded to approve the resolution authorizing the issuance of multifamily housing revenue bonds for a 54 unit multi-f~mtly residential rental project in Village on the Ponds. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. ¢0NS_mERATION OF ~ANGE QRDER No. 2~ ~ GLEN TI~H~. Todd Hoffman gave a short update on this item- ~ a meeting involving the City Manager and City Attorney, an agreement was made to approve a reduction of $11,869.63, bringing the total change order amount to $19,753.73. Resol0tion W2003-46: Councilman Lundqutst moved, Councilman Labatt seconded to approve Change Order No. 2 for Marsh Glen Trail in the amount of $L0,7S3.73. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSmER VARIAN~ FOR SIGNAGE, GIANT PANDA. 465 WF. ST 79TM 8TgERT, ~ RAMSEY. Kate Aanenson provided bac~und information on this item and showed different solutions for painting and screening the rooPa~ equipment. Councilman Ayotte questioned the city's liability if they required the applicant to cut into the roof. Mrs. Jill Ramsey, the owner of the building, requested that the City Council approve the sign variance with the condition that window silage be removed as recommended by the Planning Commission. She asked council not to endorse the request of ~ the roofk~p equipment and outlined the reasons supporting that request. City Council Meeting- April 28, 2003 Councilman Labatt moved, Councilman Lundquist seconded to approve the sign variance for the installation of wall signage on three sides of the building at Hi-Way 5 Centre, the north, west and south, with the condition that the window signage be removed. All voted in favor and the motion carried unanimously with a vote of 5 to 0. UPDATE QN LmRARY CONTINGENCY FUND, BARRY PWITIT, MS&IL Todd Gerhardt provided a couple of options which could be delayed until the contingency fund is solidified. Barry Pcttit reviewed the spread sheet he had prepared on thc project. Council members asked for clarification on some specific line items. There was no motion made on this item as it was an upda~ only. CONSENT AGENDA;APPRQyAL QF 2004 PROJEC~ CONSULTANT WORK ORDERS (ROAD~)~ PRO~ 04-01. Councilman Lundquist asked the City Engineer to clarify the phasing for this item and if the city plarmed to stay with the same contractor for ~dditional phases. Councilman Lundquist moved, Councilman Peterson seconded to approve Phase I for the 2004 project consultant work orders (roads), Project 04-01. All vol~l in favor and the motion carried unanimously with a vote of 5 to 0. COUN~ PRESENTATIONS. Councilman Lundquist provided an update on a meeting between city staff, himself and MnDot on the Highway 41 river crossing. ADMINI~FRATIyE PRESENTATIONS: Todd Gerhardt informed the City Council that the EDA packet will be coming out probably on Friday for the redevelopment of the bowling alley site. CORRF~PONDEN~E DI~SSION. Mayor Furlong brought up the information on Lake Susam Kste Aanen~n updated the City Council on what Lori Haak, the Water Reso~ Coordinator was doing az it related to l_atke Susan and the request for a no wake zone and erosion problems. Cotmcilman Lundquist moved, Councilman Ayotte seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8'~ p.m. Submitted by Todd Caerhardt City Manager CHANHASSEN CITY COUNCIL RF~ULAR MEETING VERBATIM MINUTES APRIL 28, 2003 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag~ (~OI~1NCILMEMBERS PRES~: Mayor Purl~, Councilman Labatt, Councilman Ayot~e. Councilman Lundquist and Councilman Peterson ~TAFF PRF~ENT: Todd Gerhardt, Justin Miller, Roger Knutson, Jill Sinclair, Kate Aaneaso~ Todd Hoffman, Bruce DeJong, and Teresa Burgess PUBLIC P1/E~. ENT FOR ALL ITEM~: Janet & Jerry Paulsen 7305 I. aredo Drive ARBQR DAY~ MAY 3~ 2003: PRQC3JAMATIQN DE ~CLAR~NG EVENTS. ARBOR DAY, IN~LIe~i)ING (~FY SPONSOItl~ Mayor Furlong: Thank you and good evening. ~ everybody coming this evening and those watching at home. First item on our agenda this evening are a couple public announcements. I'd like to start with the Arbor Day this Saturday, May 3~d. We'll be celebrating our Arbor Day festivities at the ~on Center warming house from 10:00 to noon~ A nnml~r of volunteer groups are going to be helping to clean local parks and gathering for a luncheon. At noon the community Arbor Day event begins. There will be seedlin~ given away. Master Gardeners are there for consultations. Trees and plants will be available at the satin titm. The Minnesota Zoo Mobile will be out the~e with som~ of their animalg giving presentations. Should be a lot of fun. A lot of activities for the family so I look forward to seeing __m~ of you out there with me. In that regard, as Mayor I would like to proclaim Saturday, May 3 as Arbor Day in the City of Chanhassen. I would urge all citizens to support the efforts and care for the trees and woodlands. To sup[~ our city's communi~ forestry program. ~ urge all citizens to plant that I would ask if there's consent from the cotmeil to that proc~~ Councilman Lundquist: I'd move that the council adopt the Arb~ Day proclamation as shown in Exhibit ,~ Mayor Furlong: Is there a second? Councilman Ayotte: Second. Resolution 0200341: Councilman Lundquist moved, Councilman Ayotte seconded to adopt the Arbor Day proclamation as shown in Exhibit A. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Meeting - April 28, 2003 Mayor Furlong: At this time too, as part of our public announcements we have some children with us this evening that were part of the Arbor Day poster so ~ill Sinclair, if I can mm it over to you. PRF~ENTATION OF ARBQR DAY ~ CQNTEST ~. Jill Sinclair: I'm just going to go right up front" Mayor Furlong: Great, Fll come join you. Jill Sinclair: I'd like to invite the Mayor and our En~tal Commission Chairpe~on Marcus Zbinden to come up front. We had St. Hubert's School entries this year and they were all wonderful entries. We have the top 3 here tonight. I would like to say thank you to HaiLs Nursery and Garden Center for donating a free tree for our grand prize Arbor Day winner. Alld without further adieu, we have Meredith Workman who came in as a third place winner. If she could come forward. And Meredith will get a free potted tree from the Arbor Day celebration on Satmday. Our second place winner was Molly Lass. If she could come forward. And our grand prize winner was Laura Wondra. We had her pictme framed and will hang hem in City Hall and we also made little table tents with her poster on them to advertise our Arlmr Day celebration, and these are handed out at Perkins and Culver's umil Satuniay and perhalxs during the month of May, just because May is Arbor month so if Laura could come forward please. So congratulations to all 3 of you. It was a great job. ~e~ artists. Pltg~qENTATION OF ~q~.RTWIC..ATE QF APPRECIATIQN TQ DAyID HAPPE, PARK AND RI~.(~REATION ~-'QMMI$~IQN, AND ~ATIQN QF MAPLE Ll~.AF AWARI~ TQ $ItERQL BROOlCq HOWARD, SENIOR COMMI~qSION. Mayor Furlong: We have a couple other presentations this evening too that we'd like to take care of at this time. Is Dave Happe here this evening? Did he makg it? I guess not. I didn't see him with the crowd so I wanted to call. We'll try later. Sheml Howard. I saw her. Please come forward. Good evening. Sherol was a founding member of our Senior Commigsion and served for mere than 12 years working for the issues of the seniom, and as I understand never missed a ~g in those 12 years. Sherol Howard: That's true. We changed the dates on quite a few of them. Mayor Furlong: That's wonderful. That's wonderful. She's been very involved throughout the city, throughout the history of the Senior Commission working on issues for seniors. From the Meals on Wheels and working to see ~ HaH become a reality as well as a number of other issues. Sherol Howard: You've been studying up. Mayor Furlong: On behaff of the City Council, and all the citizens of Chanhas~ I'd lilm to present you with this Maple Leaf Award for your service and recognition of all the good that you've done for our city so Sherol, con~ons. Sherol Howard: Thank you. City Council Meeting - April 28, 2003 CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City ~s recommendations: b. Resolution/f200342: Accept Utilities in the Big Woods on Lotus Lake, Project 01-1Z c. Resolution g2003-43: Accept Utilities for Vasserman Ridge, Project 02-10. d. Approval of Minutes: -City Council Work Session Minutes dated April 14, 2003 -Board of Review and Equalization Minutes dated April 14, 2003 -S~ and Verbatim City Council Idinutes of April 14, 2003 e. Approval of Modification to Business Subsidy Cdteri~ Approval of Metro Environmental Partnership Grant for Project I-I20; Authorization for Mayor to Sign Agreement. g. Resolution #2003-44: Approval of Change Order No. 6; Chanhassen Library. i. Accept Donation from Gen~ Mills for Safet~ Camp, 2003. Approval Amen&rant to Development Contract for Boyer Lake Minnewashta Addition, Project 02-11. All voted In favor and the motion carried unanim~y with a vote of S to O. yISITQR PRESENTATIONS: Public Present: NAme A~ ~dOre~ Loft & Mark Jesberg Ken & Garnita Wencl Shirley Robinson Laurie Strand Tom Houston Jo Thompson Fred, Greta & Preddy Kamps John & Barbara Jacoby 8407 ~~ 8412 Great Plains 8502 Great Plains 8410 Gre~ Plains 852O Great Plains 580 Mission Hills 8410 Gre~ Plains 8516 Great Plains Boulevard Boulevard Boulevard Boulevard Boulevard Drive Boulevard Boulevard Ken Wencl: My name is Ken Wend. I live at 8412 Crreat Plains Boulevard, or the same as 101 South. Honorable Mayor and members of the council, I thank you for your attention this afternoon and we thank you for allowing us to speak this evening about a serious m~_tt~. On file there are over 450 signed petitions requesting your assistance in ~ng the present serious problem on Great Plains Boulevard. The daffy disregard of safety on Highway 101 South, Gmat Plains Boulevard, is a ticking time bomb waiting for pea'sonal damage and fatalities, which can be prevented. To the point. We request the speed limit on Highway 101 South be reduced from 40 to 30 miles per hour for only one mile. To be exact, from Highway 5 south to Chanhassen Hills entry into their complex. Minnesota Depaxtnmnt of Tl-ansportation Rule 169.14, a state law City Council Meeting - April 28, 2003 seven intersections in one mile which we were refen'ing to on Highway 101. Seven intersections. Speeds must be reduced when. When approaching and going around a curve. I-rlghway 101 is as crooked as a coiled snake. There are unusual blind spots along this section of the road. State law says reduced speeds are required when. When approaching a hill cr~t, and when traveling upon a narrow and winding roadway. Highway 101 has line of sight of less than 100 feec State law says reduced speeds are required in reference to pedestrians. There are two walking and bike paths which cross 101 which are required in order to continue on the patl~ This all takes place in one mile. Reduce speeds by reason of weather conditions. With a wet or icy road condition it is impossible at 40 miles an hour to make the curve at the creek bridge without moving into the on line lane of txaf~c. According to the accident reports, we do have head-Oh'S flxa~. We also note, Highway 101 south has lilXle line of sight and no shoulder to pull off in case of emergency. I would like to refer to an accident matrix summary from the State of 1V~innesota which illdicated there was 82 accidents on that road. There was head-oh's. There was rear end's. There's side smashes. Side swipes, but there were 36 out of 81 of the accidents were simply running off the road. Losing control and running off the road. This is an urban roacL In the local traffic through there this is some of the cars and trucks that participate every day. Rosemount Eugineeaing, 1,500 cars come and leave every day. The motel and the bike shop, 50 cars. Two mstanrants and the swim club, 120 cars. St. Hubert's School has 500 ~deots. Many of those students are picked up by their parents in addition to having buses that go as well. Single family home~ along that area, there are 45 cars. Mission I4ills has 485 cars coming out of there every day. Chanhassen Hills has 250 cars coming out of there, and what comes off of Lake Drive, that's questionable but a lot of them, because there's a couple of factories down there~ All of these cars are simply local cars which are using that thing and the traffic is 40 miles an hour and it's incomprehenable. Along Highway 101 tlx~'s not one mention about St. Hubert's School I don't know where in the country that I've seen a school house where there wasn't something about approac~ a school or slow down or something. There is absolutely nothing them. According to Minnesota Department of Transportation, a stopping chaxL How far does it talin to stop? The speed cars are traveling on 101 requires 241 feet to stop on a dry road. 455 feet on a wet surface. And in some areas there's only 100 feet of sight. Crosswalks and our children. Our children, and/or their mothers pushing a stroller in the crosswalk don't have a chance. All they can do is nm like hell. Last summer we asked the works depaxtment of Chanhassen if they would mak~ a speed study summary, which they did. They came ouL Laid the cables for 2 days and it caxre up with some very interesting facts. Over the 2 days them was 23,139 cars traveled 101. 56.1 percent exceeded the speed limit. 56 ~ Out of that, that calculat~ out, 11,000 cars speeded on 101 in 44 hours. Mr. Mayor, Honorable Mayor and Council, we would like to see some red meat put behind your resolution of last summer. We need your help, and I think we all expect that you will take care of us. I thank you very much for your time. Mayor Furlong: Thank you. Thank you Mr. Wencl. As you know this evening prior to our council meeting we did have a work session where we received the results from 1Vlinnesota Depamxmnt of Transpoaafion on their speed study and while our hands may be tied a little bit in terms of the actual speed in some of the areas, what we acted on as a council was to direct staff to organize a task force to specifically address this issue along 101. We expect that to be made up of residents such as yourself and other interested people and the staff, including Sergeant Olson or his designee from public safety, the shefiWs department, so that we can look for ways of calming the tmf~c. Specifie~y looking at safety issues that were od_dressed. There are some hope in the long term with regard to road redesign but we can't wait for thaL I think that was unanimous. We need to find out what we can do and not just what we can't do so appreciate your bringing this forward to the council this evening and of course Mr. Gerhardt and his staff will be City Council Meeting - April 28, 2003 working on it and we will continue to follow up with them to make sure that we take action where Ken Wencl: Thank you very much. Mayor Furlong: You're welcome. Are there other visitor presentati~ this evening? Are there other visitor presentations this evening for the cotmci]? If there are none, we'll close visitor presentations and move on in the agenda. Oh I'm sorry, okay. This will be the final, final call. Tom Houston: My name is Tom Houston. I also live on Owat PLains Boulevard. And I've replaced my mailbox about 3 or 4 or 5 times in the last 5 years and finally I just give up trying to have a nice mailbox. The sun can hit you on that road. I put a mailbox up, within 2 hours it was just smashed. And I know some pets have been killed on that road and Ken made a very good speech about a lot of things. One thing that I'd like to mention is that enf~ of what we have, you know if 56 percent of them are _spe~_ ing, why can't we just enforce that area just a lot heavier, and one of the main reasons I assume yon can't is because there's no place near the road for police and for pulling people over and things, but there's been cars gone off that road right in front of my house more than 3 or 4 tim~ in the 5 years that I've lived the~ so I would like to really encourage you guys to enforce what's there and I apologize for that. Thank you. Mayor Furlong: Okay, thank you. Somebody watching at homm Any other visitor presentations? If there are none, then we will close visitor presentations at this time, thank you. Mayor Furlong: This evening Sergeant Jim Olson is here with the Carver County Sheriff's Depamnent for law enforcement update. Sergeant Olsom Sgt, Jim Olson: Good evening and thank you. What a beautiful night it is tonigh~ I incltuted some things on the agenda packet. The March report is attached to thaL If you take a look at that, our total calls for service for the month was up 190 compared to last year. Part of that is attributed to, we have more traffic details with that we had 9 last year the same period. This year we have 57 so there was quite a few more this year. Our traffic stops were up by 38. Accidents were up by 7. Our damage to property, and I think I talked about this a little bit at the last council meeting, was up by 26. That will be down si~nificantly this month. We had the windows that were being broken out last month and I talked about that at the last council meeting. Our miscellaneous non-criminal was up by 24, and that incl~ citizens assist, lost and found property, general law enforcement questions, civil ma_n__ers and also juveaile disciplinary problems. Medical and fire calls were up by 26, and I'm sure that Greg will cover that a little bit. Our citations were up by 87 over the last year for the same month. Same time period for the month and our thefts have been up by 19 for the month, and that included 5 gas drive off's whe~ people don't pay for their gas and drive off. Frequently that's people put a credit card through and it doesn't register and they think it did, or they just forget to pay or it's missed by the clerk. We also had 5 that were not, that were ~ as theft but were not theft. It mined out to be civil matters and then we had 5 thefts from vehicles, and I'm going to talk about that a liffie bit more also a little bit down the line here. That does seem to be going up receatly. Were the~ any questions at all on the n~ for the month of March? Councilman Lundquist: Sergeant Olson I was looking at the more in the year to date I guess on your report, and the one that bothea~ me the most was the dramatic increase in child City Council Meeting- April 28, 2003 abuse/neglect. Is there anything, one specific or two specific incidenm that caused the much higher rate this year than there was last year? Sgt. Jim Olson: No. I mean nothing that I'm aware of at all. That would cause that. Something that I know that Bob has talked about a little bit is there's a lot more stress at home and with job layoff' s, economy and so on, that can lead to problems, you know mom stress at home and that could be part of it. It went up from, let's see for the month from 0 to 5 and then from year to date from 5 to 16 for year to date. That could be part of iL There are, with child abuse laws they're would include daycare providers, schools, law enforcement people, people that deal with kids on a professional basis. But other than stress, no I don't have an answer for thaL Councilman Lundquist: Okay, thank you. Sgt. Jim Olson: Any other questions at all referenced to monthly? Councilman Ayotte: I would like, one of the absolutely outstanding presentations that both you and Beth did was just, was it last week? Sgt. Sim Olson: Thursday night. Councilman Ayotte: Yeah. On child abuse and I wonder if you could share with the council and with the people at home and here what that was all about, and I'm hoping that there will be repeat occasions where you present that material again. Very, very insightful, to address specifically the problem that Councilman Lundquist is bring up. Could you talk about that for a momenL Sgt. Jim Olson: We did a seminar on ~ safety Thursday night, and Crime Prevention Specialist, Beth Hoiseth, Child Protection Worker, Stum'y Chris~ who does child protection and does interviews for the County and myseff did a seminar at Chanhassen Rec Center for people. How to keep themselves safe. How to help their kids. How to talk to their kids. Sit down and talk to their kids if they suspect there's a problem or if their kid should sit down and say, mommy or daddy, you know this happened or that happealed. It's i .mpormnt, very, very important from that standpoint to keep the corrmmnication ~en with these children. I can't stress that enough. Kids have to be comfortable in talking to adults and talking to their parents. If it's very hard as a parent, and I'm a parent, have a daughter and a son, if the child comes up and tries to tell them something that is, was maybe traumatic or ~tal to the child not to react from an emotional level. The problem with that is, when the child sees you start to cry or get upset or get very mad, the child is immediaIely going to shut down and will not talk so it's i .mportsnt to try to do that from a non-emotional level. If you can't do that, to call, and it's i .m!grnant to call anybody but you call law enforcement' call social services, and have them come out. We provided a number of resources to call including social services, sexual violence center. There's some different literature that they can get and they can certainly talk to either myseff or Ckir~ Prevention Specialist Beth Hoiseth about that at City Hall here. My number is 227-1601 and Beth's is 227-1610. And if anybody wants us to come out and do a presentation on that, we're certainly open to that. Just give us a call. We'll be out. Any follow-up's or anything else with that at all? Did I answer that for you? Councilman Ayotte: Yes, it was just excellent and I'm hoping to get more of that out in the community. You've got a great product. It's preventive in naun'e. It's responding to what this council has been asking you to do. It's just excellent and keep on doing iL City Council Meeting - April 28, 2003 Sgt. Jim Olson: Thank you, and again I encourage people to call. Hease give us a call and we'll certainly come out, and not only just on that topic but anything relating to public safety, we'll certainly come out and give a presentation so. I also inclnd_ed in the packet a letter on tobacco compliance checks. We did check all 17 businesses that sell tobacco products in the city and they all passed. None of them sold to the underage decoys so that was a good thing and a positive thing for the retailers as well as the city. I talked a little bit ago about an increase in theft from vehicles that we're starting to see. We've had a n~ of areas, business complexes that are getting hit with people breaking in and stealing car stereos. I encourage people to lock their doors. If they do have a removable face plat~ on the car stmeo, tak~ that off and put that in the truck or take it with them, and also don't leave CD's or laptop ~mputers, different things laying around on the seats that people can see. There are some different meas~ that we are taking. I just go done talking to Detective Roger Schuller today and there's some plans that we have that I don't want to go into fight now, but we are working on that problem- We've also seen an increase in the past few weeks in burglaries, and when I say burglaries, they're going into unlocked or open garage doors and taking toois and going into cars in garages that are attached, which is classified as a burglary. Make sure at night, or whenever possible to close your garage doors. Lock the garage doors. Keep them shut and that will ~y help prevent that because it is from open garage doors that we're seeing this fronx Something we have been targeting this month as a sheriff's office is illegal passing that we've been seeing, especially on Lake Lucy Road and Powers Boulevard. We've been hitting that real haxd. Deputy Keith Walgrave has been doing an excellent job with that and we've had a number of people that have called and thanked us, so he is going a great job. That's been kind of our pet project for the month. Also it's warm weather. I know I talked about this again last year, about this last month. It's warm weather. Warm weather. Talk to your kids. Be aware there's kids out the~ that axe outside playing, bike riding, walking. Slow it down a little bit. It's easy this time of year to go a little bit faster but there's a lot more people out and slow it down a bit. Is there anything for the shea'iff's office at all? Councilman Lundqulst: Sergeant Olson, a question on the thefts and burglaries. Is that something that you see a trend this time of year at all as it starts, the nights are warmer and nx~re people are outside doing things that it tends to have a little bit more of those type activities or is this something that's not showing a pattern but just generally on the rise? Sgt. Jim Olson: Those things do tend to increase this time of year. You know people are leaving their garage doors open more than they were during the winter. Leaving their ears out more than they were during the winter, and then it's also not 20 below outside so people are out at night. So yes, it is cyclical in nature. And again I also encourage people to make sure they call us. If they do see something at night that is suspicious, please give us a call. We need community help with all public safety problems and by giving us a call we can go out there and hopefully prevent something. Mayor Furlong: Sergeant I guess F d like to say thank you for you and your deputies for addressing some of the issues that are i .mportant to the council. Specificany I see the special traffic, or the increase in special tmW~ issues which I believe relates to the Powers and Lalm Lucy road. The improper passes which are clearly the citations are coming out and having, since I personally drive that way regularly, I can tell you it is making a difference. Instead of people passing on the right in the middle of the right mm lane, while someone's trying to turn leiL people are stopping behind now so it does make a di~e~e. And again: you were involved this evening with the work session with regard to the 101 issue and we'll look forwaxd to your input there in terms of making that a speci~ issue as well from an enforcement standpoint as well and some other things that you do. City Council Meeting- April 28, 2003 Sgt. Jim Olson: Thank you. Mayor Furlong: Very good, thank you. Sgt. Jim Olson: Thank you sir. Have a nice evening. Mayor Furlong: Assistant Chief Greg Hayes is here tonight for the fire department. Welcome. Greg Hayes: Thank you. Well at the fire ~ luckily this month tha'e's nothing that's too notable in our city. That's always a good thing for us. Unfommately year to date we are up for calls. I don't know the exact number but I do know that we are up. Last year we were way down and for some reason around the metro area, everybody was way down but now we're back on the pace that we looked at a couple years ago when we trended out our calls. We're still trying to slow those down using priority medical dispatch and through our aggressive fire prevention program~ We are out in the neighborhoods. You'll see us out, ~y now when the summer hits, we do a lot of block parties, birthday parties. We come out. Drive the truck out. Just do some real good fire prevention with the kids and have a little fun too. The most notable thing from response is we did respond to Eden Prairie a couple weeks back for 2 houses that caught fire essentially at the same time on the high windy day. A house started on fire which essen~y blew it into the next door neighbor's house. And while we qxanm~ with 3 companies in Eden Prairie, we still were able to protect our city so I thought that was, I was pretty i ,mpres~ with our organization to be able to cover our own city. Keep it protected while we had 3 trucks over there, and we spent a couple hours helping them battle that with Bloomington. Also let's see, FAen Prairie, Bloomington, Mirmetonka, us, Hopkins, and Edina. The same number of people or same number of depamnents that we responded with on the house fires were the ones who responded with on the hotel fire from about 4 years ago. So that ~scribes about the size of that incident Overall we're getting into our high hands on for training. Right now we should be receiving some state grants for hazardous malzxials response. Helps us beef up our WMD response at our level. We don't, there's different levels in the state at which differem ageaeies respond and right now we're essentially above average, above your average fire d~aartment and are equal with state hazmat teams. The one that is above us is a 50 foot civil support team who is the weapons of mass ~on team from the National Guard. ~y we are, or I am working on our emergency management plan. Updating that hopefully by June 9~. That will be all laid out, ready to go. We're going to go to the fire station, walk through some emeagency operations and that sets us up for an evacuation exeavise that the fire department is hosting over at one of our local establishments. We will have approximately 50 to 60 patients where we're going to have to help evacuate them out of the building and help get them proper medical treatment We do this about every 3 years just to test our otzan~onal plans. Make adjustments as necessary, and move on and start planning for the next 3 years down the road. We've esseatially been working for about 2 years trying to set this drill up. It will involve agencies locally. It will involve 50 civil support teams and also I have commitments from Minneapolis and the State hazmat teams to be there too. So it's a fairly large exercise. Other than that, that's about the most notable things that we're doing at this moment. Is ~ any questions I can hopefully field for you? Mayor Furlong: Is there a date set for that? Greg Hayes: The date of the actual drill is June 16a. We would love to have council, if you're available, be involved at whatever level you'd like to be involved at. On the 9a we are going to do a table top of the drill, both at the work session for the council. The fire depa~x~mt's going to come in after and do our, Monday's our normal drill night We're going to come in and actually table top this drill, then we do out that next week and put it all into motion. Come back the week City Council Meeting - April 28, 2003 after that and review how things did and make some changes to our operational policies if needed and move on from there. Councilman Ayotte: He really wants us to be victims. Greg Hayes: You're welcome to be victim~, I will warn you that we will have to hose you down with water and cut your clothes off so I'll leave that up to you. Mayor Furlong: Sounds like a deputy mayor. Oreg Hayes: Any other questions? Councilman Ltmdqui~ Greg, the bike helmet program that you, that the fire department does, is that still active? Oreg Hayes: The bike helmet program is active and our involvement with it is, I could lie and tell you stuff that makes us look great. It's actually Beth's program and we put it up at the fire station on our sign. We acumlly get a lot of people that come into the fire depamneot and ask for helmets. It's actually through what Beth does and her work as a Crime Prevention Specialist. They've done that every year and we get hundreds of helmets in up them that are all over the place and they sell them out pretty quick. It's a great program_ Councilman Lundquist: So they should come, the residents should come here and get them from Beth? Oreg Hayes: They should come hem, up to the building inspections depamnent and they have all the helmets there. Councilman Lundquist: Okay, thanks. Mayor Furlong: Any other questions? Goed, thank you. Appreciate your time. PUBLIC i~-&IHN~;: CONSmER PROGRAM FOR T~. I~q~ANCE OF ~ BO~ ~ ~~~ A ~O~S~ ~~ ~~-F~.Y ~m~'r~ ~E~AI. ~0~, ~~~ AT ~ NQR~~ OUAn~ OF THE ~~~ON OF LA~ D~ ~ ~ $~T, YOP L L~ Bruce DeJong: I'll just run through quickly Mayor and council me~. What you're being asked to do tonight is to issue revenue bonds which will be paid back by. Excuse me. Is that a little better? Thank you. Tonight what you're being asked to do is issue revenue bonds for a multi-family senior housing project on the Villages on the Ponds. Those bonds will not be obligations of the City of Chanhasseth but will be paid back solely through revenues of the project. This is just a program that the State of Minnesota has in place that allows for developem putting together this type of housing to have access to lower interest rates to make the units mom affordable and to encourage this type of development. What you're being aslaxl to do tonight is to hold a public heating asking for input from the public, and ~m approve the resolution that was in the packet. Mr. Roger Knutson has reviewed this on a brief basis. Not in depth but these types of programs have come before you before and it's lXetty straight forwa~ The only thing ttmt he found in reviewing the documents were a couple of discrepancies on the dates in the loan agreement. So I'd recommend that you hold a public hearing. Close that ami then approve the resolution as presented. City Council Meeting - April 28, 2003 Mayor Furlong: Okay. Thank you. Are there any questions for staff at this tim~? Councilman Peterson: The only one that I've got Bruce is, it's, you're requesting 5.3 million. How did we come up or how did they come up, who came up with 5.3 million and why isn't it 2.2 million? Bruce DeJong: 5.5 technically. Councilman Peterson: Whatever. Bruce DeJong: That is a question that I'm not exactly sure. I know that when we approved this initially back last August, that we granted authadzation for up to $6 million dollars. A detailed question like that probably needs to be addressed to Vernelle Clayton who is here repmsentin~ the project. I don't honestly know. Mayor Furlong: Okay. Welcome. Councilman Peterson: Be sure to limit her to 10 minutes. Vernelle Clayton: In that case I can't go into the whole underwriting criteria but that is what it's based on, is an underwriting criteria, much like a normal mortgage where they look at the income stream and the needs and the cost is several million more than 5, but the income stream will support the 5 million 3 for that portion. And there are other tmrtions of the financing that adds up to what will hopefully be od~uate. Does that help you? Councilman Peterson: Yeah, that answers my questiom Mayor Furlong: Other questions? Councilman Lundquist: Bruce do you have a, or Vernelle do you have au estimate on what the savings is to the project or the developer using revenue bonds at our interest rate versus what you could get commercially available? Bruce De2ong: I do not. Vemelle Clayton: In today's market the answer is relatively cox~lex and somewhat vague bexause ~ are some other types of financing today that are almost as low as the 3 point some that would be under this program. So it's borderline sometimes for folks but this can be a fix in some, one of the advantages is that it could be fixed for a longer period of time far example. Councilman Lundquist: So that's the benefit then of ming the city as the issuing the bonds versus something else is that you get a longer duration of fixing that rate? Vemelle Clayton: Right. For this type of project for this type of bonding there is no other way to do it other than to use the program that the State has set up where the City is kind of the enabling authority. Councilman Lun~t: Okay. 10 City Council Meeting- April 28, 2003 Mayor Furlong: Any other questions? Bruce, given the nature of these bonds, since it's revenue bonds and there is no general obh'gation from the City's credit worthiness or standpoint, they really are not considered in a credit rating analysis, is that correct? Bruce DeJong: That's correct Mayor. Mayor Furlong: Okay. So that there is, from a risk stand.iht as was mentioned, the Ci~'s acting as a conduit, not any way, there is no arlrlod risk to the city at this point from a financial standpoint. Bruce DeJong: There is no added risk. There is no obligation of the City to offer any repayment whatsoever, and that's fairly clear in the documentation. That the only funds that are available to pay off these bonds are the actual revenue stre~un of the project. Mayor Furlong: Thank you. Any other questions at this time? If there are none we'll open up the public hearing. If there's anyone who wishes to speak on this issue, if they could come forward and state their name and address. If there is none we'll close the public hearing and we'll bring it back to council. Is there any discussion from the council's standpoint? Councilman Labatt: No, pretty straight forward. Mayor Furlong: If there's no discussion is them a motion? Councilman Labatt: I move we adopt the resolution as presented. Mayor Furlong: Is there a second? Councilman Ayotte: Second. Mayor Furlong: Any discussion on the motion? Seeing none without objection we'll call the question. Resol~tipn g2003-4~: Councilman Labatt moved, Councilman Ayotte seeonded to approve the resolution authorizing the issuance of multffamily housing revenue bonds for a ~4 nnit multi-family residential rental project in Village on the Ponds. All voted In favor and the motion carried unanimously with a vote of ~ to 0. CONSmERATION OF CHANGE ORDER No. 2, MARb~ GLEN TRAIL. Mayor Furlong: Mr. Hoffxnan, is there a staff report? Todd Hoffman: A short one. Mayor Furlong: Good. Todd Hoffman: Thank you Mayor, me~ of the City Council. At the direction of the council we hosted two additional meetings with all parties involved in this project. First meeting was held on April 1~t, and that did not end in any final agreements. The second meeting, when we brought in City Manager Gerhardt, the City Attorney Roger Knutson, resulted in a setfl~ agreement between all parties. Essentially that agreement reduced change or&ri' number 2 by not the $10,000, but I'm glad to report, due to a reminder by Paul that I did not add_ in one of the 11 City Council Meeting- April 28, 2003 deducts. A reduction of $11,869.63, bringing a total change order amount to $19,753.73. So again I apologize for thc mathe~cs but it was an additional reduction over and above what I reported here in the written report. It's recommended the City Council approve this settlement · agreement reducing the Marsh Glen change order number 2 by $11,869.63, resulting in a new change order amount of $19,753.73. I'd be glad to answer any questions or Roger. Mayor Furlong: Discussion. I guess one thing Fd like to thank Councilrrum Lundquist for bringing this off the agenda a couple meetings ago. Bringing it to the council's a_n_¢ntion and to staff and giving them the tools to get this done so a commendation to the staff for getting it done and to Councilman Lundquist for bringing it to our alle~tiom Is the~ any other issues or questions of discussion on this? If there is none, is there a motion to approve the change order as amended and recommended. Councilman Lundquist: Motion to approve the change order number 2 for Marsh Glen trail, $19,753.73. Mayor Furlong: Second made. Any discussion on the motion? Seei_'ng none we'll the question without objection. Resolution ~0(B-46: Councilman Lundqulst moved, Coundlman Labatt seconded to approve Change Order No. 2 for Marsh Glen Trot in the mount of $L0,7S3.73. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER VARIANCE FOR SIGNAG~'~ GIANT PANDA~ 463 Kate Aanenson: Thank you Mayor. Just take a minute to get everybody back up to speed on what this item is about. Giant Panda owner Mr. Pan wanted a sign variance. As a part of that condition the City Council and the Planning Commission reco~ approval of that with removal of the window signs, which has taken place to date. When this item appeared before the City Council 2 weeks ago there was a discussion on screening of the rooftop equ~ as shown. It's not as direct and visible on 5 when you're fight in front of it, but as you're heading eamtbound is where you can see it. And again just to give a brief history of how that got put in place. 5 years ago the previous owner did apply for a permit. Received a permit and all, his due diligence until it went up, the planning depamr~tt realized it was a violation and the fact that it wasn't properly screened. The corrective ~ on that is that all permits get muted around whether it's a mecfianical equipment or plumbing just to make sure there's not an issue violation. So there was no intent to circumvent any ordinance at the time but we did cite in here the ordinances that are required. So what the staff did is kind of evaluated some alternatives and looking at, again this is another view. Perspective. This is a fresh air intake. Did speak to the building official about that. It's a large piece. These are the alternatives. Painting it blue. Painting it to match the parapet. Doing a parapet wall. And a different type use in the standing se,~m siding. We did put in the staff report that possibly it could be painted. Bob did meet with Mrs. Ramsey who is here tonight and looking at their first choices to not do the parapet wall. In looking at that, there's some integrity to the roof itself. Generally when you're putting in place, during constngfion there's a plate they sit on. This is what the building inspector told me. Normally you like to have it rest on that, while there's trusses in place to have that set in place so you're not altering the membrane of the roof, so there was some concern about that. Because you're doing an alteration later, the integrity of that. In looking at the painting, I did discuss with Mrs. Ramsey. She did, 12 City Council Meeting- April 28, 2003 this is a galvanized steel but it's coated and she did speak to the man~ and they said ff it was painted they can't guarantee the life of the equipment. So while our stuff report did say, recommended painting, ~'s additional information that she's just gathered, talking to the manufacturer that they believe based on the coating, that would affect the integrity of that piece of equipment. So that leaves the choices of painting is poss~ly not an option so again it's the integrity part. I guess that' s where the staff left it as going back to the original directive. So I'd be happy to answer any questions. Again Mrs. Ramsey is here to answer any questi~. Mayor Furlong: Thank you. Are there any questions for staff at thi~ time? Councilman Ayotte: I have a couple. I'm vaguely fa~liar with built up roofs and knowing that if you cut into a built up roof, especially if you disrupt that and the items with crickets for drainage and integrity of the membrane it"serf can cause a leak. If we were to require them to put up any sort of covering around where they would have to kind of cut into the BUR, and if there were a leak, where would that leave the City? Kate Aanenson: I'll let the City Attorney address that Roger Knutson: We're not in the installation business. That's the short answer. Councilman Ayotte: So if we require them to cut into it and it leaked. Roger Knutson: I do not think we would have any city liability. We would tell them how to do it. It's something for you to take into consideration when you're i ,reposing the requirement but I don't think we'd have any liability. Councilman Ayotte: Question two. When the HVAC system, what's the tonnage of that thing? Kate Aanenson: I don't know. Councilman Ayotte: When that was put in, how long ago was that put in? Kate Aanenson: Approximately 5 years ago. Councilman Ayotte: And did they pull a permit at the time? Kate Aanenson: Yes. As I indicated it was all done legally. They came in and got a building permit. It was inspected. It passed inspectiom It wasn't until it was on that. the planner's recognized that a permit had been issued that was in violation of, or the planning code. Not the building code. So it was two ~t things happening. It's not in violation of a building code. It's the screening requirement" Councilman Lundquist: The permit application never went through the phnning depamm~t, just the building department. Kate Aanenson: Correct. Right, because they figured it was just a rooitop equipment, which we've remedied that process. Councilman Ayotte: So back in those days it was okay. Today it would not be. 13 City Council Meeting - April 28, 2003 Kate Aanenson: No, it did violate, it still violated the planning rule. There's 4 rules. At that time there were 3 in place which required all rooftop be screened, but the building inspection at that time didn't see the fact that it was a larger piece than was on there before and it might not be properly screened. They didn't see the connection them, if that makes sense. Councilman Ayotte: Okay. Alright. Mayor Furlong: Alright. Any other questions for staff at this time. Mrs. Ramsey I see you're here. Would you like to address the council? Jill Ramsey: Thank you, good evening. Mayor Furlong and members of the council. I am hem tonight to respectfully request that the council approve the sign variance for Giant Panda restaurant as recommended by the Planning Commissiom Including as the commis~on reconur~nded that the only condition be that Mr. Pan e 'llminate window signs on the unit. I'm requesting that the council does not endorse or attach the additional condition presented at the last council meeting regarding the requiring of screening of the rooftop unit, or the option of painting it for the following masons. As Mr. Generous indicated in his ~ the cost of screening the unit may well be in excess of several thousand dollars creating an undue borden for Mr. Pan or myself to assume. I've been inforn~ by Mr. Ggnerous that installing, as has been discussed tonight, a screening stmcun~ would require cutting into the roof. This is ~imply not an option as them have been leakage problems with the roof. Retro~ screening has a potential to add to these problems, and may result in nullifying of the roof installation or roof lining wammties. Thus as a building owner this would be an unacceptable condition. As to the option presented to me by Mr. Generous at our April 22~a meeting of painting the unit. Since that meeting I've learned several things. More than I ever thought I would ac~_ rally know about painting roof top units. I spoke to the manufacturer of the unit, which is Ruff Air Managenmm Systems. I have been informed that the unit is comtmcted with a Gg0 galvanized casing. This is a quote, carbon steel sheet coated with zinc on both sides. The benefit of using G90 galvaniz~ steel is that it will not flake, scratch or chip like ~ The manufacUn~r highly discomages painting these types of units as they are not designed to be painted or to have paint adhere to them. The company rep I spoke to could not guarantee that painting the unit would not disturb the integrity of the unit. Since my mee~g with Mr. Gonerous I've also spoken to a representative from Manage Sexvices system, a company that maiutaim rooRop units. I was told by them that painting such units has a high probability of creating problems with peeling and chipping of paint and that it could be necessary to chemically strip the exterior finish or grind down the unit in order to paint it. He could not give me an exact cost to do such a thing but assured me it would be vexy expensive. It would also require continuous ongoing maintenance. He slxongly discouraged painting a 5 year old unit for aesthetic purposes. I also spoke with a r~pmsemative at the paint man~ company Valspar. He explained to me that painting a galvanized G90 rooitop unit would defeat the purpose of the product. Painting such a unit would interfer~ with the integrity of the prtxtuct. They are, I was told, not meant to be painted. Finally as to the timeliness and fairness of adding this condition to the approval of the sign variance. As council is aware, the unit was installed 5 years ago by the previous owner of the Giant Panda restaurant, Mr. Harry Lee. Mr. Lee was applied for and granted a permit to ingall the unit. At no time since it's installation has the city requested or made requests to us that alterations be msde to the unit. It is my un--ding that the city, by city code, is within it's right to require a variance ~ the permit was issued to allow the sign to remain. I would assume the same procedures wexe in place, perhaps I've learned something else tonight that they weron't, when Mr. Lee installed the rooRop unit. I have been unable to receive a clear answer from anyone I've spoken to at the city as to why a/ter 5 years this is suddenly an issue. Or why it was not brought up at some point in the past while Mr. Lee still owned the business. As to the fairness of a_dding 8uch a condition at this tii~, as council mllgt be 14 City Council Meeting- April 28, 2003 aware, there are many buildings with multiple rooftop units, many of which are larger than the one on our roof, tint neither screened nor painted in the city of Chanhassem I've also yet to receive an answer from the city as to whether each and every visible rooftop unit in the city will be required to be screened or painted, or is it just the one on thi.q building, and why. A_tta~¢hing this condition 4 years after the unit was installed and when the business is under new ownership, resulting in either Mr. Pan or myself being financially responsible to meet the condition. This would be an extremely unfair and ume. asonable request on the part of the city. And just finally as a little added note, if I may propose one compromise in the spirit of the A_flx~ Day proclamation that was made today. If you may or may not have noticed, them was a aec growing in from of that unit. It didn't have any leaves on it in the picture that was presented. Yes, there we are. It's not that big now but perhaps with a lot of Miracle Gro and a little time, say 5 more years, that will provide a natural camouflage for that unit. Thank you for your time. Mayor Furlong: Thank you. Any questions for the apphcant at this time? Councilman Labatt: No. Mayor Furlong: No? Thank you. We'll bring it back to council for discussion on the issue. Is there any discussion around the issue. Councilman Peterson: Kate I assume that we've never had an e~ence or your knowledge of any experience of painting whatever the Cat) galvanized is. Anyway there's always an issue with painting anything metal that you have to keep it up but. Kate Aanenson: Correct We do have other painted. Typically those are identified prior to installation that that's a way to meet the standard. We do have some that are painted. But I certainly believe that if it' s the treated type, it probably would be harder to adhere. Councilman Peterson: Bob, you got any knowledge of that? Councilman Ayotte: Yeah, a lot of times what it will do is affect the heat tnmsfer to some degree because it does have an affect on smqace area. And it is hard to, there would be PM. Additianal preventive maintenance that would have to be dealt with. I don't know to what degree it would affect it but it would affect it. I'm more concerned about the BUR, thc built up roof that they are, I'll use a technical term because I know that our mayor is an engineer. It's a bugaboo...that it would be an issue and the manufacturer will look at an oppommity to not deal with the warranty issue if they find a reason, and painting it would be a reason. Mayor Furlong: Other questions or discussion? Councilman Labatt: It's a pretty cut and dry issue. Let's approve it the way the Planning Commission did. Mayor Furlong: I agree. The question I have is when this was discovered 5 years ago, 6 years ago when it went in by your group, was thtm~ a decision made not to. Kate Aanenson: Mr. Lee was informed that it was in violation, but typically because it was issued in our error, there was in good faith that we issued in error, that if they were to do something else we would ask that it be screened. But since that time again it had sold and I think that's what Mrs. Ramsey's talking about There was a lack of communication on how that got transferred. Again I don't think anybody purposely tried to circumvent. 15 City Council Meeting - April 28, 2003 Mayor Furlong: Good, thank you. Councilman Peterson: I think to Mrs. Ramsey, answering one of your questions about other screening. I think that if another organiz,~on, another entity comes in asking for a variance and they have a non-conforming item, the same thing would have happened and will probably happen as time goes on so you certainly weren't being singled ouc This is just the process that the City doesn't have any leverage unless the entity comes to us asking for something so. Mayor Furlong: Good. Councilman Peterson: And I think it's disappointing that we can't fix it but I've not been a proponent of spending thousands of dollars on it if so/~thing is, if we c, all put a $50 paint job on there and would it last for a few years, I think that was reasonable but unfamma~ly with the galvanized you know, I don't think it is reasoilab~. Mayor Furlong: Is there a motion at this point? Councilman Labattz I'll move we approve the sign variance for Hi-way 5 Centre to permit a wall signage on 3 sides of the building, north, west and sout~ Mayor Furlong: Just for claxification, is that conditioned, including the condition set forth by the Planning Commission with regard to. Councilman Labatt: The window signs. Mayor Furlong: The prohibition on window signs for that somhexn unit? Mayor Furlong: Thank you. Is' there a second to the motion? Councilman Lundquist: Second. Mayor Furlong: Any discussion on the motion as made? Seconded. Councilman Labatt moved, Counenm~n Lundqui~t ~conded to approve the Mgn variance for the installation of wall Mgnage on three Mde~ of the building at Hi-Way 5 Centre, the north, west and ~outh, with the condition that the window ~ignage be removed. All voted in favor and the motion carried unazdmongly with a vote of 5 to 0. UPDATE QN LmRARY CQN'IINGENGY FUND, BARRY P~wrrr, MS&lC Todd C_mdmrdt: Mayor, council members. Before Mr. Pettit starts his presentation I did put a list together of the, some additional expenditures that were inclod_ed in this tetxm or Mr. Pettit's spread sheet. From our last report he also had highlight a couple ~daifional deducts as a part of that and one was a fireplace. We were looking at possibly a donation for the fireplace as a part of that I would like to see that we hold off on that. As we get closer to the end of construction or whenever we can put the ill, lace in at the last minute and see if we have enough contingency money for us to pay for that, other than soliciting a donation. The second item was a deduct the stairs and sidewalks that would go between City Hall building and the parking rare. This one is I believe $6,436.00. This is another one that we should monitor as we go through and see how 16 City Council Meet~g- April 28, 2003 much we have left in the contingency fund. Right now to make a north/south ~ ~ you have to go through the parking ramp. and go behind the cars to get to the stairs that takes you down to the lower level of the ramp, and ~ was not acco~on for a ,~aew~k in eoat of the cars. So we think the sidewalk between City Hall and the ramp is still a desired need for this area. Just wanted to make those highlights before Barry started to go through his presentation, so he can make comments also regarding my comments. Mayor Furlong: Okay, thank yom Barry Petfit: You know the real reason I came here when I saw Mike Ramsey on, I said hockey player. Is that the hockey player? Kate Aanenson: Yes. Barry Pettit: Is it really? Todd Gerhardt: Yes. He wasn't here. Ihs wife was here. Barry Petfit: Yeah, I figured that. Sust you know sort of an overview, as an update-. And I'll make an interesting confession and I think if someone in sort of the architecture design business disagrees with us I think they're to some extent they're kind of lying because what I find fascinating is when you do a building, it always is, I mean if you sort of do things right it always is a first time this building's ever been done so in a large measure you're always fascinaled with how it really turns out beca~ you've never seen it before. So we draw it and you sort of hopefully you've got enough experience and so on and so forth that you have some confidence but it is interesting to see buildings really unfold because there's nothing to point at. It's like not buying a car. I want that car that color, whatever. So I think that it's, ttz~' s a lot of, and sort of when I do my own personal grading I'm feeling pretty good about the way things are unfolding, and I know there was a tour the other night ~ folks got inside and I think in terms of the volume of the spaces, I'm probably more excited about that than anything part of it because it really I think is going to work well. Is a great library and it also, what's fascinating is how big it begins to seem. When you start out with early consmlcfions and projects, and it must be the context of the project, they always seem smaller because you only have the footing foundation and then it's sort of the context of this endless space around it and it be~n~ to actually build and fill in it gets bigger, and it's always an interesting phen~ but if the building seems like it's going to be a sort of a good scale. And again it's a confession where, there's always this leap of faith when you design that it actually is going to be kind of what you're hoping it's going to be. So that probably doesn't build a lot of confidence but that's what I'm telling you is the fascinating part about the professiom It is just it's nature. I think we're be~nning to uncover all the final issues that are sort of dangling out ~ if you will and this column 9 anticipated changes. Those are still, I think things are turning more solidif34ng more than they were a little bit loose, and actually the third item. I take that back_ The fourth item for example, millwork modifications. We've been spending a lot of time working with all the subcontractors and vendors because we know that we're, that obviously because of all the soil issues and those earlier issues, that we really need to work these prices over and we took, I spent a couple hours with the millwork guys. The company on I think Friday or Thursday last week, and we went from an add of $3,8000 to actually a deduct of about $1,077 so that in itself is about a $4,(X)00- $5,000 swing, which was, it's kind of the process we're into. It's really fine tuning every one of these areas right now that's a little bit loose and really working those over. We're, maybe it's best if, I mean if folks have sort of gone through this, I could go through this if you think that's 17 City Council Meeting- Atnil 28, 2003 the better way to do it or if there's just questions Todd that I should take from folks and see if there's anything like that. Maybe that's the best way. Todd Gerhardt: Can you talk about the expanded snow melt and the additional fin tub heating. Barry Pettit: Does that say tub? Todd Gerhardt: Yeah. Barry Pettit: There's no e on that deal? Todd Gerhardt: No. Ban'y Pettit: You know when you can't spell it just doesn't matter what spell check does, does it? Todd Gerhardt: I was guessing what it was but I Was way off. Barry Pettit: The snow melt, what we originally started out with of course was where the stairs coming down from the deck, it be essential that we have a snow melt system and what that is, that's the heating underneath the stairs so that you never have to shovel and it goes on when it reaches a certain temperature, it's actually a neat system. And then we began to ask if we could do it, not only down the stairs but sort of the whole central plaza. The sort of entry plaza up to the front door of the hbrary. And we had hopes that we could affmxl that, and the prices came in and it started to flirt with just sort of $40,000, which surprised me because we've done it before and in areas at least that big. Different parts of tbe country and that may be ic Some parts of the country are just more used to maybe doing this alld so the ~ or the system might be a little bit more of an anomaly and maybe the price comes in higher yet. So we had to reueat back to just doing the stairs. The good news is, because the plaza is primarily a paver plaza, there could be a point where you could install it in the future without having to rip up concrete and so on and so forth, but the key thing was to making sure that we had the stairs because we had to have that That's kind of an essential way to get down the building so again as we reueated back to that, it's a good system. It should last a long time. It's a proven system. And so what that does is on the yellow sheet that Todd did, we're actually back to the, let's see March-April. We're back to right around, somewhere between 9 and 10 and we're getting that finalized and I should have that on actually tomorrow. I'm hoping to have that tomorrow. Todd Gerhardt: So not the 19, it's down to 9? Barry Petfit: Right, and I think how does that Yeah, the expanded snow melt. When you see that on there, that's where we are now. On the white sheet On column 9. And that's at 9,800. Actually it reverses what you have here. That's maybe the deal. But it's been an interesting battle you know and it's been a great challenge. I think we're going to make it. I think we're going to make it. Mayor Furlong: You sound surprised. Barry Pettit: Well you know to be perfectly honest I've never run into a pmj~ where we put that much money into, percentage of construction to get out of ground. Never. Never even close. And we put a hole in the ground and hit ~ that was bad, and you know $20,000, $30,000 later you have it fixed but this is, that's a big deal so yeah. So I'm kind of you know, to some extent but I think we're going to make it. 18 City Council Meeting- April 28, 2003 Mayor Furlong: Good. Todd Gerhardt: Just a last point. How about the fireplace? Do you want to talk a little bit. Barry Pettit: Well you know we, you know the theory on it was, it's about a $10,000 deal and it was really never part of the original program but of course with the favorable bid we had originally, it was just sort of a no brainer to put that in there. And so we're at a point right now, and it' s sort of as a safety valve deal that says look at, if we do bump, into sdditioilal problems, is there an oppommity to split the difference7 The city pays for half and then maybe gifting from the Friends for the other half. That's k4nd of what it's really saying. And I think Todd' s point is, you know look at, if it does go the way we're saying that it turns out the way that we've got it here now, then we'll be fine. We can fund it. And so we, if you want we'll just take that out of the column and keep on moving forward. Todd Gerhardt: Council, any thoughts or ideas on that? I would say that wait as long as we can and see where we're at in the process. Mayor Furlong: Great. Councilman Labatt: Maybe MS&R would he willing to make a donation. Barry Pettit: You know this, I swear this is the last fun'place I ever do. I don't know what it is. These things have a life of their own. They really do and, but no. We, sure. We'll buy the Mayor Furlong: Did you get that Nann? Barry Pettit: It's got that little red bulb in there you know, it's one of those babies. Mayor Furlong: No, I think unless. Councilman Labatt: What was the additional tubing? Barry Pettit: What it is, there's the high windows. You know the clear story windows and there's a spine down the middle that goes east and west And then there's 2 other pieces. This corner on this side which is the big meeting room, and then the opposite side which is the periodical. They have the high clear story windows. And what happened is, the mechanical fin tube. It's heating. It' s hot water heating. It didn't wrap around the comers of all four of those areas. In other words it was just left off the plan from the, on the mechanical side. And the good news, we caught it at the fight point because they're up there working on it right now so it, and frankly it's a guess and I'm hoping, I'm hoping that it's not that much. Because it's really a pretty sirrm, le piece of the pu~.le right now. Councilman Labatt: How about the miscellaneous for $64,000? Can you break that down a little bit? Barry Pettit: You know it has. Todd Gerhardt: That's kind of our catch all area. That as we move ahead, any unforeseen items that might come around. We've got a couple possibilities so right now we're not sure. 19 City Council Meeting- April 28, 2003 Barry Pettit: Yeah. What it does say, and it's a fair question Steve, is because if you take that along with your contingency, you're really hovering around the $100,000 contingency. I mean that's kind of where we are. So that's still kind of good news. I mean when everything's said and done but. Councilman Lundquist: Barry, if I understand your sheet right, remaining contingency just under $42,00O. Barry Pettit: Right. Councilman Lundquist: Does that include column 4 on wish list? That $22,0007 Barry Petfit: Yep, that's already in there. Councilman Lundquist: That's always factored in, and those items. Barry Pettit: Yeah, literally the 41,000 is everything not on that sheet. Councilman Lundquist: Everything not on the sbeeX. Okay, and the 11,790 on that wish list is the fireplace itself. Barry Petfit: It is. It is. And actually that came down because we redesign~ it. We went through an iteration of it that brought it down about $2,000. Got us down to roughly in that $ IO,O00 neighborhood. And again, all under the beading of just kind of beating on these things slowly but surely and you know it's, for what it's worflz Just get on soap box for a second, is I believe when you have dollar issues, it's always great if you can find the one big homerun to save the budget or help with the budget, but I don't believe that's what it really is. The bottom line is just hard work and picking up a couple hundred dollars here and a thousand them and it really is, and it' s doing it a number of times. Because there really is no panacea usually in these thinG. Councilman Lundquist: And all ~ savings with the millwork and the fix~lace and the redesign and all that are those savings being offset by fees fi'om your group in design work? Barry Pettit: You know it's at a point wbem there's a certain amount of money that's just a function of the construction administration side, and I don't want to seem lilm I'm doing some kind of noble cause but some of that is a little bit grafts you know. lust trader the heading of trying to get this under control but none of those have any fees attached to them. Councilman Lundquist: So it's, some of it is offset by fees or nooe of it is offset by fees? Barry Pettit: Yeah, we haven't attached fees to any of those numbers. Right, right. 'It's our mission to make people happy. Mayor Furlong: Okay, thank you. Any other questiom? Councilman Lundquist: How comfortable, I mean I know you said you think you're going to make it but the piping, all the mechanical is in? And the electrical is awarded and in or? Barry Pettit: You know all the, from the bid side, everything is a soUd numl~r. And then what happens with the changes happen because of either things that were mis~ Things may City Council Meeting- April 28, 2003 have been left out and so forth. Electrical side, I think we're in pretty good shape. I know we've got 2 lights that don't fit in there, because there's a duct in the way. But that's pretty solid. Mechanical actually is in pretty good shape. So you know those kind of systems if you will are, I'm pretty confident of those now. I don't see any real stumbling blocks. They're that far down the road I guess is the critical piece. Councilman Lundquist: And the last time we talked the millwork was really the only other big contract to be awarded so then there wouldn't be any other, there isn't any other large conlxac~ to be awarded to the city's. Barry Pettit: Right. All the contracts from your, let me think about that. Ali the con~ from the city, that' s fight. I think that's right. I think you've got everything locked on that. Councilman Lundquiat: The rest of the County, the signs and everything. Barry Petfit: Yep, signage. Yeah~ Well okay, you know that, there is an allowance, and did that show up on here? Councilman Lundquiat: Exterior signs I saw. Barry Pettit: Yeah exterior, 17. Councilman Lundquiat: 17.5, yeah. Barry PeRit: I would say that's, and I'm glad you brought that up becatme that ia still one that's out there. We're working on the number. But that was a number that was fixma, we originally had signs in the original bid and then they were taken out, and that was the number that was taken out and so. Councilman Lundquiat: Okay. I thought we did some, didn't we do some exterior signage in the park, the City Center Cornmc~ns? Barry Petfit: Yeah, you did. Todd Gerhardt: Yeah we had this item on as one of our first change orders and then we took it out to make sure that the signage was comparable to the park signage. So that's what we're doing right now is making sure that they're both the same. Barry Pettit: Right. The landscape contract right now has ~ of the smac'ture. Councilman Lundquiat: The monument sign. Barry Pettit: Exactly. And then what will happen ia the sign, the signage folks then will be picking the same font type for that sign as well as the library. Councilman Lundquiat: So in our original conuact we didn't have anything in for signage at all? Barry Pettit: We did. We did. We did. We had an allowance item in there, fight. Councilman Lundquist: Okay. But this is an additional 17.5 over and above the allowance? 21 City Council ~g- April 28, 2003 Barry Petfit: No. It's still the allowance item but it's still being worked on. And back to your point is everything figured out. I said no, this is still the one that we're working on. Councilman Lundquist: So then in the original contract we did not have signs in the original contract? Mayor Furlong: Did that come out on the first. Todd Gerhardt: It did. We processed that as a change order early on. Bamy if you remember, we had a change order. Ban3, Pettit: And we didn't accept it, is that the way it was. Todd Gerhardt: The council didn't accept it but it's my belief then that we didn't include outdoor signage as a part of the bid package. Barry Pettit: Right, we had it as an allowance item. Todd Gerhardt: Under the conslxuction budget but not as a part of the bid with Kraus-Anderson. Barry Petft: So the signage folks now really are working on two contracts. They're going to be doing a little bit of work for the park side, because they're going to pick the lettering for the monument, and then completing the extra signs for the library. Councilman Lundquist: Okay. Ban'y Pettit: So, I think we've got those things buttoned up. That's probably one of the nebulous ones right now. Mayor Furlong: Thank you. Barry Pettit: Anything, okay. Mayor Furlong: Any other questions? Thank you. A1~reciate the utxtate. W'~h that we will move back to consent item number l(a), which was pulled from the consent agenda. CONSENT AGENDA:APPRQVP-I. OF 2004 PRQ~ CONSULTANT WORK ORDERS (ROADS)~ PRO~ 04-01. Mayor Furlong: Councilman Lundqui~ did you have questions? Councilman Lundquist: Yeah, just had a couple of questions for Teresa. Make sure, I just want to make sure for my clarification I undzrgumd. What you're ~king for in the requested action on this is just authorization fox Phase I of this contract or these projects? Teresa Burgess: Correct. We are requesting that you approve Phase I, the work order for Phase I and we will bring back Phase II and Ill if council authc~'iz~ the work at that time. Councilman Lundquist: Okay. In your, would it be your intention then that the transition fxom Phase I to Phase II and Ill would remain with that same contractor or would we then re-opon that for, depending on if it's 6 months from now or a year from now or whatever it is, would we re- City Council Meeting - April 28, 2003 open that or would these prices and conditions hold and then we would just sirra, ly go to Phase and Phase RI? Teresa Burgess: What we typically do is stick with the same consulta~ We look at these in an entire package. When you switch consultants you end up with problems. However, because this project has not been clearly defined by doing a feasibility study we would negotiate with that consultant for the second work order to make sure that we are not going to have a scope change halfway through. Councilman Lundquist: Sure. Teresa Burgess: And council will see those back when we do that. Councilman Lundquist: That's all I had Mr. Mayor. Mayor Furlong: Any other questions or discussion for the staff on this issue? Is there a motion to approve? Councilman Lundquist: Motion to approve consultant work orders fox Phase I feasibility study of 04 street improvement projects. Mayor Furlong: Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconde& Any discussion on the nx~tion? Seeing none we'll call the question without objectiom Councilman Lumiquist moved, Councilman Peterson seconded to approve the 2004 project eonsulUmt work orders (roads), Project 04-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRF~ENTATIONS. Councilman Lundquist: Mr. Mayor, we had a meeting with MnDot and most of the city engineering staff and other members of the planning staff on the 41, or river crossing. Where that's at now is looking at a preliminary scope and ~, trying to carry 3 or 4 different alternatives through to get into the En~tal I~ It's not a project that's on the MnDOt 20 year plan, so it's a ways out them. It's not cunv~fly funded or really anything but very preliminary at this point so there's a nnmher of different alternatives that aff~ C~mhassen and surrounding communities in different ways so it's early on but Teresa, you're going to have links on the web, on our web page to that information and the maps and diff~ things like that, is that correct? Teresa Burgess: The links are already on, in place on our web site. Councilman Lundquist~ Yep, so for more details you can just hit the Chanhassen web site and find out from there. Mayor Furlong: Okay, thank you. Any other council re, ports? Liaison reports. If there's none, administrative presentations Mr. Gerhardt. City Council Meeting - April 28, 2003 ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: The only thing I would like to updsto, you on is the EDA packet will be coming out probably on Friday, so look for that in your ~ay. For our redevelopment of the bowling alley site. Mayor Furlong: Okay. Good, any questions for the City Manager? CORRF~PONDEN~E DISCUSSION. Mayor Furlong: Any questions or discussions on the cormstxmdence packet? I did notice in there that there was a follow-up to our last meeting. It was letter sent out regarding Lake Susan. Kate Aanenson: Thank you for bringing that up. L~ did put a pretty detailed report in there, and I guess I wanted to put that in context with the discussion Mr. lClingelhut~ We have had other calls from people on the lake that do not want to do no wake, so the~'s always two different opinions on the wake, but just to put it in context of we have spent a lot of money on that lake. We are doing that larger pond that you just, the council just recently affpmved the bid, so we've been working really hard on water quality on this issue. Again Loft works with all the lakes. As a matter of fact this Saturday she's going to a neighborhood picnic on Lotus Lake regarding lake quality. She'll be speaking at that this Saturday, but we have spent a lot of money on this lake and certainly no wake is one issue but there's a lot of other things that we're doing. As indicated there are some erosion problems that Lori's working with the Watershed District and we sent correspondence to them to get some ideas about how the shoreline, where it's i ,mpacting a trail so if you had questions on that or wanted to speak to Loft, she'd be happy to talk to anyone if you have additional questions on that. Or direction where you'd like us to go with some additional education to some of the neighbors on the lake. Mayor Furlong: And even though this was an internal mem~, I asstune copies were ~at to Mr. Klingelhutz and Mr. Wentz and others that called expressing an imerest as well? Todd Gerhardt: I know Mr. Klingelhutz did call in for a couple of clarifications and staff responded. Mayor Furlong: Okay, thank you. Very good, any other issues for the council this evening? If there are none is there a motion to adjourn7 Coullcllman Lundquist moved, Couno3man Ayotte seconded to adjourn the meeting, AU voted in favor and the motion carried. The City Council meeting was adjourned at 8:2~ p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim