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CC 2008 04 28 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 28, 2008 Mayor Furlong called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Bob Generous, Paul Oehme, Todd Hoffman, and Jill Sinclair PUBLIC PRESENT: Thor Smith 2139 Boulder Road Jeff Daniel 1321 Stratton Court Bill Thibault 11712 Wayzata Boulevard, Minnetonka Alex Broadston 6418 Highover Drive Reed Osell 993 Bavaria Hills Circle Max Romaraggi 17090 Bainbridge Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you. It’s nice to hear that Pledge of Allegiance said so loudly. We have a number of people here this evening. Welcome everybody. We’re glad that you joined us. We’re glad that those people are watching us at home as well. Are with us this evening. At this time I would like to ask the council if there are any changes or modifications to the agenda. Otherwise without objection we’ll proceed with the agenda as distributed. We’ll start this evening with a few public announcements and some presentations so I’m going to come down in the center. Mr. Gerhardt, you want to join me? PRESENTATION OF MAPLE LEAF AWARDS & CERTIFICATES OF APPRECIATION TO FORMER COMMISSIONERS. Mayor Furlong: We have some Certificates of Appreciation and some Maple Leaf Awards to give out this evening to members of some of our city commissions that have served with us for a period of time. At this point I’d like to invite Lee Scholder and Shirley McGee to come forward. Good evening. Lee Scholder and Shirley McGee have both served on the Environmental Commission. They were appointed to the commission in 2005, serving to the end of their term which was earlier this year. They’ve offered dedicated, creative and passionate voices to the commission. During their tenure the commission accomplished many tasks including landscaping for better environmental learning series, which the city has done in partnership with th the Minnesota Landscape Arboretum. 4 of July parade float. Partnership with Lakewinds Natural Foods and the dry cleaning station, and also the pilot program relating to organic recycling and composting project with partnership for Carver County out at the Arboretum. Lee City Council Meeting - April 28, 2008 and Shirley, thank you for your time and your commitment to the city and we greatly appreciate it. We now have a couple Maple Leaf awards to give out. Maple Leaf are awards that we give to those who have served the city for a period of 5 years or more. At this point I’d like to invite Paula Atkins to come forward. Paula was first appointed to our Park and Rec Commission in April of 2002 and has admirably fulfilled 6 years of service for our city. Paula has served on the 1997 Park Referendum Committee, the Chanhassen Centennial Committee and numerous task force commissions. During her tenure on the commission we have accomplished many projects in which she’s been a part, including the completion of City Center Park, City Center Park stage performance area, the replacement of playground equipment for the worn and outdated, numerous trail projects, including the Highway 41 connector, Highover trail, Power Hill Park trail, and Bluff Creek trail. In addition to serving on the commission Paula has actively engaged in our local arts community and has taken an active role in forming our local historical committee. Paula, thank you very much for your dedicated service on the Park and Rec Commission. And Jean Mancini. You have to turn around…everyone can see your smiling face. Jean has served on our Senior Commission since 1999, two full terms. During her tenure the commission successfully worked with local businesses to designate senior parking stalls and work on the expansion of our senior center. Jean has organized the senior center open house for the past 3 years which has helped to showcase many of the activities offered at our center. She also has been a commission representative to the senior advisory board. Jean is an advocate for senior citizens in our city and has provided a unique perspective to the commission. Jean, thank you very much for your dedicated service to the city. PRESENTATION OF ARBOR DAY POSTER CONTEST WINNERS. Mayor Furlong: The City Council and the Environmental Commission, on behalf of them, I’d like to thank and congratulate the winners of our Arbor Day Poster Contest. The City’s been sponsoring the poster contest for 9 years as a way to express our commitment to trees in our city. Every year the fifth graders have been invited to submit their drawings to an annual. The theme for this year was Trees are Terrific Inside and Out. Do we have any other members of the Environmental Commission here? I think we do. Why don’t you come on up as well. The City would like to thank all the fifth graders at St. Hubert’s School and Bluff Creek Elementary for their wonderful drawings. The City would also like to thank Lotus Lawn and Garden for their generous donation of the grand prize winner this evening which is a potted tree of their choice. In the Chanhassen’s library Wilder Room you’ll be able to see all the posters that were submitted over the next couple weeks, so stop by the library and take a look at the posters that are displayed there. The winning picture will be displayed here at City Hall, along with the other past winners as well. What I’d like to do at this time is invite the runners up to come up here and receive a Certificate of Appreciate and Recognition. You will also be receiving potted plants that they’ll rd be able to pick up on May 3 which is when the City’s celebrating Arbor Day. So if you could come up here when I call your name, I would appreciate it. Megan Wellner. Madison Gottschalk. Madison Blotz. We’ll keep them all up here and get a picture, group picture at the end. Mackenzie Tommins. Is Mackenzie here? Kalley Foster. Oliver Smith. Jennifer Lopez. I think this is the other one. Sarah Brimberg. Miranda Herz. Sophia Anderson. Willie Hickock. Grace Arrington. And Michael Mason. Alright. Let’s congratulate these young artists. Very good, thank you guys. Well done too. At this time I’d like to invite Monica Paul, the grand prize winner to come forward. Monica, I’m pleased to present you with a certificate for a potted 2 City Council Meeting - April 28, 2008 tree from Lotus Lawn and Garden, and the picture that Mr. Gerhardt’s holding up right now will be displayed at City Hall, along with the other 9 winners from prior years. Monica, congratulations. Well done everybody. PROCLAMATION DECLARING ARBOR DAY AND INVITATION TO THE ARBOR DAY CELEBRATION. rd Mayor Furlong: Okay, this coming Saturday, May 3 the City of Chanhassen is going to be celebrating Arbor Day. In the morning community groups will be cleaning up our neighborhood parks, as we have in years past. If you’re interested in cleaning up a neighborhood park, I would encourage you to contact City Hall and you’ll be connected with someone that can coordinate your group or family to help out this coming Saturday. At noon all the volunteer groups will gather in the City Center Park near city hall and the library for a luncheon with me and others. Also in the morning, Bruce the Bug Guy will be doing a presentation at the city library. Chanhassen library at 10:30. Master Gardeners will be available at the library to help you with your landscaping needs and plan problems. Also our Arbor Day tent, there’ll be children’s activities, including planting seedlings to take home, face painting and other fun activities. There will be trees for sale again this year, including some sugar maples, some red oaks, and Black Hills spruce. In order to properly recognize the day, I will add one item to our consent agenda this evening. It will be item 1(k), and that is a proclamation that I’m submitting to the rd City Council for it’s approval proclaiming Saturday, May 3 as Arbor Day in the city of Chanhassen. This is a fun event. It is a great time to get together and to welcome spring. I’ve been assured that spring will be here eventually, and as usual Mr. Gerhardt has guaranteed good rd weather and no snow for May 3, so we look forward to seeing a lot of people out here on Saturday morning to help us celebrate Arbor Day in the city of Chanhassen. With that I’d like to move to our consent agenda. CONSENT AGENDA: Mayor Furlong: As I just said, I would like to add the proclamation for Arbor Day to item, as item (k) on our consent agenda and item (f), I would like to pull off for purposes of approving only the base quote on that item for the shoreland restoration, but we’ll pick that up immediately after the consent agenda, so I will remove item 1(f). Todd Gerhardt: Mayor, council, on that one. Staff had some miscommunications internally. We did not want to add the bid alternative on that one of the $9,500 so that would be staff’s recommendation. Mayor Furlong: So staff’s recommendation now is modified with 1(f) to just include the base bid? Todd Gerhardt: Correct. Mayor Furlong: Not to include the. Todd Gerhardt: The bid alternative. 3 City Council Meeting - April 28, 2008 Mayor Furlong: Okay. If there’s any questions on that we can pull it off. Otherwise if we’re comfortable, then we’ll go ahead and approve staff’s modified recommendations with the other consent items. Is there any objection to doing that? Okay. We’ll keep that on and approval would be to adopt staff’s modified recommendation. Any other items on the consent agenda that any members of the council, or if there’s other members in the audience present that would like to remove for separate discussion. Okay. Seeing nobody, is there a motion to adopt items 1(a) through (k) as amended. Councilman Litsey moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated April 14, 2008 -City Council Verbatim and Summary Minutes dated April 14, 2008 Receive Commission Minutes: -Park and Recreation Commission Verbatim and Summary Minutes dated March 25, 2008 b. Accept $2,000 Donation from General Mills for Safety Camp. d. Approval of Fireworks Permit, July 4, Minnewashta Fireworks Committee. Resolution #2008-27: e. Lift Station No. 12, PW055L: Approve Quote for Panel Replacement. Resolution #2008-28: f. Lake Susan Shoreline Restoration Project (Robinson), SWMP 14F4: Approve Quote as amended by staff. g. Approve Request for Preliminary Plat Extension, Liberty at Creekside, NDI Minnesota, LLC. Resolution #2008-29: h. Adopt Resolution Approving 2007 Fund Transfers. i. Approve Change Order No. 1, Well No. 3 Redevelopment. j. Approve Change Order No. 1, Lake Ann Park Picnic Shelter. Resolution #2008-30: k. Proclamation Declaring Saturday, May 3, 2008 as Arbor Day in the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. 4 City Council Meeting - April 28, 2008 LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Peter Anderley: Good evening Mayor, council. I give the monthly updates, so if there’s any questions about the numbers. I guess if there’s any questions, I’d be happy to answer those. I just wanted to touch on a couple of highlights that we’ve had over the month. Deputy Bob Zydowsky’s been working really hard in the detective position and you’ve already had some good cases getting solved with some of the thefts that occurred earlier in the month. Were able to get some charges pending out of those and things…city attorney’s office. The other thing I really wanted to stress is the thefts, we did have a property theft earlier from a new construction site. Actually it was at the end of last month, just after the City Council meeting so been an update on that. Again the warm weather’s coming. People are starting to leave windows open. Doors open, things like that. Just remind everybody when they go to bed at night or if they’re not going to be around, to make sure you’re securing those doors and not leaving an opportunity for the thieves out there and stuff like that to commit crimes. A real good note, we did have a medical about a week and a half ago. Two of the deputies used the AED’s, the Automatic Defibulators and they were successful to save a person that was recovering at home after… so that’s all I have for the month. Mayor Furlong: Very good. Any questions of Sergeant Anderley? Todd Gerhardt: Sergeant, could you talk a little bit about our first crime prevention seminar last Thursday. Sgt. Peter Anderley: Yeah. We did hold a Crime Prevention Seminar. We had Bill Dannay from the Department of Corrections and we also had a representative from the Jacob Wetterling Foundation come out. Did a very good presentation about how to talk to your kids. How to keep them safe. How to I guess inform them of what’s right and wrong with you know people in the public and things like that. Just how to protect your family. About 20 to 25 people attended. Really good questions. It was kind of an open forum. People seemed to come out of it very educated. I would encourage if anyone does have any questions to contact myself or Beth Hoiseth with the city. We do have some flyers and some pamphlets from that night that even if you missed, we certainly can share that information with them. Overall it was a very successful event and look forward to hopefully maybe putting on some more events like that. Todd Gerhardt: Yeah, I think you know Pete and Beth did a great job of presenting. Beth took the opportunity with an audience to talk about crime prevention measures in Chanhassen. She did a great job. And then Carver County Sheriff’s Office was there talking about how law enforcement works in Chanhassen, so it was just a nice event. Probably wish we had a few more people there, but 20 people that were fully engaged. Had great questions and look forward to next year and planning for that one. Mayor Furlong: I’m sorry, go ahead. Councilman Litsey: No, I was just going to say I think it’s great to do that. If you make it an annual event, I think people then realize that it’s kind of an ongoing thing. That there’s going to 5 City Council Meeting - April 28, 2008 be a different theme I assume for each one and appreciate the sheriff’s department taking part in that too. I think it’s a good way for the public… Mayor Furlong: Yes, unfortunately there’s not a shortage of themes. But to continue exactly what Councilman Litsey said, Mr. Gerhardt, to move forward on an annual basis. I think that’s a wonderful service and something we can look forward to and participation I’m sure will increase. We also, and I didn’t have a chance to talk to you about this beforehand, but in our correspondence section, this might be a good time to talk about that. We received some communication from the Drug Task Force group, and help me with the name. Councilman Litsey: Southwest Metro Drug Task Force, yeah. Mayor Furlong: Yeah, and I know that the Carver County Sheriff’s department is involved with that, as is South Lake Tonka and Scott County and such and it sounds like they’re making some good progress there. They’ve had some successes and some good…on that so that’s something that we’re involved with as a city, as you know Sergeant. Sgt. Peter Anderley: Yep, and they’ve been keeping busy. It seems like there’s never a shortage of that. Not only, they’re either in Carver County or passing through Carver County and the surrounding agencies. Mayor Furlong: What was nice to see too is, there was some, I believe it was a federal grant received for about $100,000 to help in that area so that’s nice that that’s money coming in to use to help reduce drugs in our area. Okay. Thank you. Any other questions? Very good, thank you. Chief Geske is here this evening with the Chanhassen Fire Department. He wasn’t able to schedule a call out so he has to come and talk with us this evening. Chief Gregg Geske: Last month, before the council meeting we did have a call for a structure fire and if you’re going to have a structure fire 5 minutes before our training is probably the best time to have it… I did get a, it was over in our Timberwood neighborhood. We had a structure fire and I got a nice thank you email the next morning from their son, who’s up in North Dakota State University, thanking us for what we went through and the help that we provided to them, and again our quick response, which it’s good it’s 5 minutes before our training so. The last, since last month, when I went through the council update, we have had quite a few fires. One was, you were updated a little bit in the council update, due to careless smoking. That one, there was some smoke damage. We used less than 300 gallons of water on that one, and we had another, actually cooking fire that started and that was able to be extinguished with extinguishers and did use our equipment then to ventilate the house to get the smoke out. And the other night we had a business that had some equipment that started on fire and overheated some solvent and we were able to get that one out and again, we didn’t use a whole lot of water. Probably 300 gallons so, it’s been a busy last month here with fire but our fire fighters did a good job on all those and really proud of them so. Want to bring up in the next month here, before our next council update we will be, I’m sure it will, as Mr. Gerhardt has probably guaranteed it, it will get warm enough that people will be out on lakes and stuff and I just want to remind people to be safe out on the lakes. We have been doing training recently for the water rescue and stuff but we don’t like to put it to use so reminding everybody to use their floatation devices and such. In the 6 City Council Meeting - April 28, 2008 next month here I want to bring up that we will be recognizing 2 of our members, one that has 20 years of service and one that has 35 years of service so it’s our second fire fighter that’s had 35 years of service…so we’ll be recognizing them in the next month. Mayor Furlong: Very good. Thank you. Any questions for the Chief this evening? No? Very good. Thank you very much. CHANHASSEN CROSSROADS ADDITION, LOCATED ON THE NORTHWEST CORNER OF TH 101 AND LYMAN BOULEVARD: A. SITE PLAN REVIEW, KWIK TRIP. B. FINAL PLAT APPROVAL. C. APPROVAL OF DEVELOPMENT CONTRACT. Bob Generous: Thank you Mayor and council members. As you stated, this is a request for final plat approval for a 3 lot subdivision and 1 outlot on 14.9 acres located at the northwest corner of th Lyman Boulevard and Highway 101. On March 10 this project came through for City Council approval. It was approved for the preliminary plat, as well as site plan approval for 7, well 8 buildings if you count the car wash, within the Crossroads of Chanhassen development. As a condition of that site plan approval they requested that the Kwik Trip building come in for an additional architectural review. The specific request was that staff will work with the applicant to improve the architecture of the car wash and gas station, convenience store to make it more compatible with the buildings in the overall development. And if you could switch screens for me please. There’s a subject site at Lyman and 101. And then this is the overall site plan that was approved. There’s a, Crossroads Boulevard is a new public street that will connect from the entrance ramp to east bound 312 at the intersection of Highway 101 and then it will curve down through the project and access onto Lyman Boulevard. That was all approved. But as stated, the convenience store was the building that came in for further review. The architect has provided revisions to the plan, specifically they’re looking at, there’s these column elements have been added at all the corners of the building and they’re, they’re very similar to the columns that are within other buildings in the project and I’ll show you one example later. Additionally they provided additional window breaks over the doorways so they provided more articulation. A little bit higher elevation on the…to help it stand out, so that’s on the north elevation. On the west elevation, again they’ve added the wider column elements, as well as incorporating the various brick colors into it to create a better patterning and articulation on the corner of the building. Again they’ve added additional window panels above the doorway entrance at the west side of the building. This is on the south elevation. There’s several things. One, they’ve attached the outdoor storage area into the building and pushed it a little closer. Changed the brick patterning on it, and then added the corner column elements that are wider and taller than the rest of the building. Additionally they’ve added the 3 window elements above the door. Two doorways on the right side of the building elevation. Then finally on the east elevation, again they’ve revised the column element. Made it a little more, it stands out better. It uses 3 of the brick elements and it incorporates some patterning on the top, as well as widening and are highly articulating the column in the front corner of the building. Then we move to the car wash. Again they’ve incorporated that tower element over each of the doorways and have raised the building parapet height to give it additional articulation. And then on the east elevation, which 7 City Council Meeting - April 28, 2008 would be on 101, they’ve showed the corner elements have been enhanced and widened in the different colored bricks will be used to help articulate that. And then finally they, previously they didn’t show the south and west elevations but they’ll repeat the east and north elevations, except for they won’t have any signage on them. And this was another building within the development. It’s in the southwest corner of the site, but as you can see they’ve incorporated these column elements from this building into it. Additionally above the windows they have the shingled canopy area that is incorporated as a part of the convenience store site. Then finally, so we believe they have met the architectural detailing for the rest of the group and now we’re going, for the final plat approval they’re creating 3 lots. Actually it shows up a little better here. The public right-of-way. That will connect the arterial streets. And then the outlot on the west side, they’re waiting for the vacation of the existing Highway 101 corridor which used to run through this property. Part of the roadway goes over that, and then once it’s vacated, they’ll plat that into 2 lots and an outlot. Staff is recommending approval of the final plat and the development contract and construction plans subject to the conditions in our staff report. With that I’d be happy to answer any questions. Mayor Furlong: Thank you. Any questions for staff this evening? Councilman McDonald: I had one question. In your report you were saying that they were still deficient as far as trees. For the landscaping. Bob Generous: Right, and that’s something that we’ll make sure they, when they come in for the construction plans, that they have everything revised and the counts all work out. Councilman McDonald: Okay, but you have had discussions with them concerning that deficiency? Bob Generous: Yes. Councilman McDonald: Okay. That’s all I had. Mayor Furlong: Is that a condition? Bob Generous: I believe. Todd Gerhardt: I think it was included in the last. Mayor Furlong: With the site plan? Councilman McDonald: It should be number 20. No, that’s not it. Bob Generous: I don’t see it specifically that they do it, but it’s, they need to comply with the code. Mayor Furlong: They need to comply with code. 8 City Council Meeting - April 28, 2008 Bob Generous: For our buffer yard requirements and our plantings. Councilman McDonald: Because what you had there are below code. Okay. Mayor Furlong: Okay. Mr. Generous, what’s the timing in terms of vacation of the old highway, Trunk Highway 101? Is that a MnDot issue or? Bob Generous: Yes. We’ve received a letter from them that they’re moving forward on that. Paul Oehme: It will be several months before I think we actually have title to it. Mayor Furlong: Alright. It has to go through them first and then does it come here as part of the vacation? Paul Oehme: That’s my understanding. It would come to us and then we’d go through the vacation process. Mayor Furlong: Okay. Alright. Very good. Any other questions at this time for staff? No? Okay. If not, I see the applicant is here. Any thoughts or comments you’d like to share with us this evening? Applicant: I think he’s covered it all very well. Mayor Furlong: Alright. Very good. Any questions for the applicant? No? Okay. Comments. Thoughts from members of the council. Councilwoman Ernst: I would just like to say that I know we had quite a number of concerns and lengthy discussions at the last meeting we had, and I want to thank you for addressing those concerns. Everything that I see here was very well addressed and you did a fabulous job of coming back with new architecture. Good job. Councilman McDonald: I guess the only thing I would want to add is we did you know I think you expressed some concerns about the upgrade on the architecture that we were looking for. I think you did a very good job of doing that and I really appreciate you working with staff to do that. It does I think add to the development itself. I mean you had raised it to a higher standard I think on the other buildings, which is what we noticed, and now I think the entire development is up at that level so I really appreciate you working with Kwik Trip and I know it was like pulling people through a briar patch, but we really appreciate it. Thank you. Mayor Furlong: Thank you. Any other comments? Councilwoman Tjornhom: I think both, I think you know, it’s already been addressed. Of course the architectural standards went up but I think this kind of sets the benchmark for all our other developments coming through this area and so I think you’ll be proud of it, or we all will be proud of this development in the end and what the outcome was and I know that it’s going to be greatly used and needed in that area so it’s just another good thing coming to our town. 9 City Council Meeting - April 28, 2008 Mayor Furlong: Thank you. Councilman Litsey: Yeah, I’ll just echo pretty much what’s already been said. It’s important to get this right because this does set the standard for other developments that are going to go along that corridor and I do appreciate the work that went into this by the applicant and the staff to get the architecture upgrade to a comfort level that we can all agree on so thank you for doing that. Mayor Furlong: I will say thank you as well and as usual the council has said it best so I won’t say anything so, but job well done. Unless there are any other thank you’s and congratulations. Is there a motion to adopt the recommended, or to approve the motions in the staff report. Where do those start? Bob Generous: Page 15. Councilman McDonald: I’ll go ahead and do it. Mayor Furlong: Okay, thank you. Councilman McDonald: I’d like to make a motion Mr. Mayor that the City Council grants the final plat approval of Planning Case 08-01 for Crossroads of Chanhassen for 3 lots and 1 outlot as shown on the plans stamped received March 28, 2008, subject to the following conditions 1 through 27 I believe. 28? Mayor Furlong: Are there Findings of Fact with this or? Todd Gerhardt: With the development contract, all the conditions are in the contract. Mayor Furlong: All the conditions are in the contract. And does this adopt the development contract as well? This motion? Bob Generous: No, this is for the plat. Mayor Furlong: This is for the plat. We also have, what are the other, that’s what I’m asking. Bob Generous: …just one page. Mayor Furlong: Okay. Can we deal with all the motions in a single time? Bob Generous: Yes. Mayor Furlong: So where’s the second? Councilman McDonald: Okay. And I’d like also to submit a second recommendation that we approve the construction plans and specifications for Crossroads of Chanhassen dated March the th 28, 2008, prepared by Westwood Professional Services, Incorporated and the development 10 City Council Meeting - April 28, 2008 th contract dated April the 28, 2008, be approved conditioned upon the following conditions, 1 through 2(c) or? Or 1 through 2(c). Mayor Furlong: I’m just seeing 2 on mine. Is there? Bob Generous: The c is the copy. Councilman McDonald: Oh the c’s, I’m sorry. 1 through 2 then. Mayor Furlong: Okay. Alright. Very good. And then does that complete the motions then? Bob Generous: Yes. Mayor Furlong: That we need to do this evening? That’s everything? Very good. Is there a second to the motion? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion? Councilman McDonald moved, Councilwoman Ernst seconded that the City Council grants final plat approval of Planning Case #08-01 for Crossroads of Chanhassen for three lots and one outlot, as shown on the plans stamped ‘Received March 28, 2008, subject to the following conditions: 1.Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat submission and approval. 2.Encroachment agreements are required for any extensive landscaping, signage or sidewalk proposed into County or State right-of-way or City easements. 3.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $169,297.80. 4.The storm sewer in the public street will need to be adjusted according to city comments. Revised rational method calculations are required. 5.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 6.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 7.The sanitary sewer, storm sewer, and watermain within the public right-of-way and along the Old Highway 101 corridor shall be publicly owned and maintained. All other utilities shall be covered by a cross-access agreement. The proposed watermain must wet tap the existing 11 City Council Meeting - April 28, 2008 watermain. 8.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm sewer lines. 9.Determine actual elevations of existing utilities. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Also, provide 10 feet of horizontal separation between storm, sanitary and watermain. Any gas, electric, cable, or telephone located outside of a public easement must be relocated. 10.Each new lot is subject to the sanitary sewer and water hookup charges. The 2008 trunk hookup charge is $1,769 for sanitary sewer and $4,799 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 11.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting prior building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County, Watershed District and MnDOT. 12.A 20-foot drainage and utility easement is required over the County storm sewer. This easement will be taken at the same time as the vacation of Old Highway 101. 13.The developer will need to work with the City and MnDOT to acquire access to the site and acquire the land from Old Highway 101. 14.Access to the site must be via a public street designed to Minnesota State Aid Standards. This street will be maintained by the City. The public street connection on Highway 101 must align with the lanes provided with the off ramp of Highway 312. Survey existing lanes to ensure they align with proposed lanes. No parking will be allowed on the public street. 15.Upon completion of the public street, the applicant shall submit a set of “as-built” plans signed by a professional engineer. 16.Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per acre. 17.Encroachment agreements are required before the construction of the signs within the drainage and utility easements. 18.All outstanding assessments must be paid prior to final plat. 12 City Council Meeting - April 28, 2008 19.The applicant shall either move the retaining wall to reduce the encroachment to 50% of the wetland setback or apply for a setback variance. 20.A vegetation management plan needs to be developed for the buffer. Currently the buffer is dominated by reed canary grass and agricultural weeds. The buffer for a Manage 3 wetland must have, at a minimum, 50% dominance of native plant species. The W5 mix shown for the setback area is an adequate seed mix. 21.Erosion control blanket shall be included for the final 200 feet of the drainage swale along Highway 101. Inlet protection needs to be shown on the ditch inlets consistent with the remainder of the plan. 22.In the event that dewatering is needed, the field inspector shall be contacted prior to any dewatering activities. All diversions necessary to direct stormwater flow to the temporary basin shall be clearly indicated on the plan. In the event that these are to be field located, BMPs must be installed and the SWPPP must be amended to reflect the routing. 23.Make a notation in the SWPPP that the contractor with overall day-to-day responsibilities of the project / General Contractor must be the contractor for the NPDES permit. The permittee needs to have an individual qualified to complete stormwater inspection reports weekly, and after each ½-inch rainfall event. A box will need to be placed on site for these specific documents. 24.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 25.All of the maintenance for landscaping, and irrigation within the City right-of-way must be maintained by the developer. 26.The plans shall be revised to incorporate a sidewalk along the west side of Crossroads Boulevard as shown on the preliminary site plan (Sheet 5 of 10). 27.Should the applicant install street lights other than approved Minnesota Valley Electric Cooperative street lights, then the developer shall pay for installation, future maintenance and power.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman McDonald moved, Councilwoman Ernst seconded that the City Council approve the construction plans and specifications for Crossroads of Chanhassen dated March 28, 2008, plans prepared by Westwood Professional Services Inc., and the development contract dated April 28, 2008, subject to the following conditions: 13 City Council Meeting - April 28, 2008 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $647,130.00 and pay a cash fee of $299,751.80. 2. The applicant’s engineer shall work with city staff in revisiting the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Good luck with your development. We’re looking forward to seeing it. COUNCIL PRESENTATIONS. Councilwoman Ernst: I have one. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Mayor, I received some concerns about the noise that is created as a result of trains blowing their whistles and their horns, and causing disturbances. I had a brief conversation with Todd regarding this so I know that you already have some data, and I have a copy of the ordinance that Coon Rapids passed that prohibits trains from blowing their horns and whistles and I would like to think that it’s just as easy as creating an ordinance, but I’m sure it isn’t. So I’d like to turn this over to Todd and his staff, if you wouldn’t mind. This is just a copy of it. To do the research and come back to the council with any financial ramifications that may be as a result to the city. Or any other ramifications, so it would be interesting to see, not only the data that you already have, but any additional data that you could present to council. Todd Gerhardt: And Mayor and council, we can bring back some information on that. Paul and I have talked about it in the past and received calls from residents adjacent to the railroad tracks and bring it back as an informational item under our work session in the future. Mayor Furlong: That’d be great. Councilwoman Ernst: Alright, thank you. Mayor Furlong: Okay, thank you. Any other items for council presentations this evening? ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Paul, you want to give a little update on our wells is really the only thing I had. We’re moving along with the wells. The two new wells under construction at South Lotus Park area and over off of Lake Drive East and Paul, give a little update of where we’re at and how close we are on schedule and. Paul Oehme: Yeah, we’re doing okay. This weather’s holding us back just a little bit but they’ll be a week or two ahead of schedule of where we’re at right now but we’re moving right along. 14 City Council Meeting - April 28, 2008 All the infrastructures has been ordered. Pumps and motors and electrical components so we’re good in that respect. Contractor will be test pumping the two wells this week so it’s about a 24 hour test to see what the capacity of the wells can produce, so after that point in time, we’ll know exactly how good these wells will be so. After that it’s pretty straight forward. It’ll probably be another 2 to 3 weeks before we could actually see production out of those wells after this week so. Mayor Furlong: So when you’re estimated, when do you believe they’ll be on line in the system then? Paul Oehme: The intent is before June. Last week in May. Mayor Furlong: And we’re still on track for that? Paul Oehme: Yes. Mayor Furlong: Okay. Todd Gerhardt: And just a couple other things. We received some emails. You may have been cc’d on some of those regarding boat access at South Lotus Park and we’re going to do our best to accommodate the fishing opener and to have access, but there may be times where the crews need to work into that area so just ask everybody to be patient and as soon as we get through the month of May here, things should definitely be open but we have allowed the residents on the lake to get down there and launch their boats for those people on Lotus Lake so we’re being as accommodating as we can on that. Mayor Furlong: Okay. Councilman Litsey: So we haven’t struck oil or anything yet? Paul Oehme: No oil. Just lots of water. Mayor Furlong: Would certainly help the budget. Not do much for our water supply. Councilman Litsey: No, probably not. Todd Gerhardt: You know I just want to thank Paul and his staff. It’s really unbelievable to think that less than a year we were able to get these two wells and up and running. I mean if you think about it, we talked about this in September and October and Paul and his staff have done a great job. Unfortunately we are losing Kelley, our Utility Superintendent as a part of this. He has decided to try his skills in the private sector and hasn’t made a decision yet on which firm he’s going to work with so he’s had multiple offers so he’s going to be missed greatly with his knowledge of our system and just amazing to think of all the things he’s been involved with in the last 10 years. Water treatment. The wells. Water reservoir. The SCADA system that we have in place. So he’s going to be missed greatly. It will be real difficult to fill those shoes so I just want to thank him and Paul for all their efforts this past year. 15 City Council Meeting - April 28, 2008 Councilman Litsey: I agree. I think you know we’ve had a tight time table to get this stuff going and I think you’ve done an excellent job so. Mayor Furlong: Very good, thank you. Anything else Mr. Gerhardt from an update standpoint? Todd Gerhardt: No. Pretty quiet. Other than all the fires that Mr. Geske seems to be creating. Mayor Furlong: Any questions for Mr. Gerhardt? No? Very good. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: The City Council will continue it’s work session items immediately following our adjournment. Is there a motion to adjourn? Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 16