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CC 2003 05 12,CONSENT AGENDA: approve the following recommendations: CHANI-IASSEN CITY COUNCIL REGULAR MEETING MAY 12,2003 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Cotmcfilmsn Labatt, Coullgi]mall Ayotte, Councilman Lundquist, and Councilman Petemom STAFF PRF~ENT: Todd Gerhardt, Justin Miller, Roger Knutson, Todd Hoffxnan, Kate Aanenson, Bruce DeJong and Teresa Burgess PUBLIC P~NT FOR ALL ITEM~: Debbie Lloyd 7302 Laredo Drive Melissa Gilman Chanhassen Villager Rich Slagle Planning Commission Mayor Furlong: There has been one item chan~ on our agenda this evening. Item number 3, both (a) and Co) will not be consi~ this evening. The applicant asked that we witlglraw it from this evening's agenda so if anybody is here for that item 3, this is the I_atHaye Addition on Great Plains Boulevard. We will not be discu~ng that or having the public hearing this evening. .PUBLIC ANNOUNCEMENTS: None. Councilman Labatt moved, Coundlman Lundquist seconded to consent agenda items pursuant to the City Manager's bi g. Approval of 2003 Capital Purc~: 1) l:rtre Department 2) Public Works 3) IS Department Approve Calling for Bond Sale, G.O. Equipment Certificates, Series 2003. Approval of Antenna Agreement with Carver County for Radio Tower. Approval of Minutes: - City Council Work Session Minute~ dated April 28, 2003 - City Council Summary and Verbatim Minutes dated April 28, 2003 Receive Commission Minutes: - Planning Commi.~sion Summary and Verbatim Minutes dated April 15, 2003 - Park and Recreation Commigsion Verbatim Minutes dattxl April 22, 2003 Approval of Change Order No. 7, Chanhassen Library Project. Approval of Easen~nt Settleingnt Agreement, TH 101 Trail Project, Roger Bongard. City Council Meeting - May 12, 2003 Approval of Agreement for Issuance of a Building Permit before Demolition of an Existing Home, 6480 Yosemite, James & Leann Dake. All voted in favor and the motion carried unanimously with a vote of 5 to O. yISITOR PRF_~ENTATION$. FAI.UN DAFA WEEI~ MING JOHNSON. Joseph Zhou: Thank you Mayor, council members. We am here to respectfully. Mayor Furlong: If you could state your name and address please for the record. Joseph Zhou: Oh, my name is Joseph Zhou. I'm currently living...but my friend Ming Johnson, she lives nearby and she couldn't make it tonigl~ We are practicing togeth~ a Asian practice form called Falun Da_fa and last year we were here, we respectfully received a request and acknowledged your proclamation of this week last year as the Falun Dafa Week. I would like to request that this week be proclaimed as a Falun Dafa Week also in the City of Chanhassen. Falun Dafa is a health enhancing practice form~ It consists of five exercises and it was brought to Minnesota in 1996 to 1998 and since then has benefited hundreds of people. Right now everybody's a volunteer. We maintain quite a few practice sites and Ming lives nearby. She's trying to spread it here also for anybody who is interested in practice and benefit from it. And over last year also there's a volunteer sponsor television show introduce the exercises. If there's any question I'd be happy to answer them. Mayor Furlong: Are there any questions at this time? No? Okay. Well thank you. Are them any other visitor presentations this evening? If there are none, we'll close visitor presentations and move on. PUBIJC I-IF~ARING: CONSmER III~OUF.,ST FOR AN OFF-SALE 3.2 MALT LIOUOR LICENSE AT CHANFIASSEN CI'IGO LO(~AT~O AT 380 LAKE DRIVE EA~ Name Address Robert I. Savard Estephan Hark 8080 Marsh Drive Chanhass~ Citgo Co. Todd Gerhardt: Mayor, the only co~ we have to odd on this item is that there were no negative comments received when we did the background check. This is a public hearing. We request that the council open the public hearing for citizen comments. Staff is recommending approval. Mayor Furlong: Thank you. At this time we will open the public hearing for citizen comments. Is there anybody wishing to comment on this item? Okay. Please come forward. City Council Meeting- May 12, 2003 Bob Savard: My name is Bob Savard. I live at 8080 Marsh Drive. I live right across the street from the Chanl~s~ Citgo and I am violently opposed to approval of any type of liquor, 3.2 or otherwise being sold at that facility. We have three liquor smms in town already. That's my opinion. Thank you very much. Mayor Furlong: Thank you. Are there any other comments within the public hearing? ~f there are none we will close the public hearing and bring it back to council. Council, are there any questions for staff or others? Comments. Discussion. Councilman Lundquist: Mr. Ger~ do we have any other non-liquor stores in any other locations in Chanhassen, gas stations or otherwise that have a 3.2 license? Councilman Peterson: The goff area down is one. Todd Gerhardt: I think the Holiday also has got. We do have several. Councilman Lundquist: Okay. Councilman Ayotte: I do have a comment, and recogn~ izing your concern. I hope you're not violently opposed, but we have a pretty good program of enforcement and I know as long as guys like Councilman Labatt are on this council that this sort of thing, which will help ' ,maprove posture of sales. Profitability. Tax base, so I see more positive than negative, but I am certain that if there was any hooligan activity that the way things have been going in our city as of late with public safety, that it will be dealt with. I don't see, I'm doing an ~ment, a strong endorsement because I see that we have to pay attmalion to businesses. 1ust want to make that conlment. Mayor Furlong: Okay. Thank you. Are there other questions or comments? Councilman Labatt: Roger, in that, in our ordinance wbem we talk a lot about liquor licenses and we talked about the education and training that the clerks have to go through. The waitresses at the bars and establislunents. Would this also apply to the clerks at that gas station? Roger Knutson: They need a certain amount of education. I don't think it would be the same. I'd have to review the ordinance. They have to be ed~ on what the requirements are to sell. Councilman Labatt: Yeah, and maybe this is getting the cart before the horse again. But I just wonder iL and I'm not opposed to this. Don't get me wrong. Fm just trying to make sure that the establishment and the owners and the managers and the clerks am well aware of the enforcement that we take our compliance checks here and Fm curious as to find out what the policies or the rules for this company are as far as ID'ing people. Similar to what several have for tobacco sales and, I mean recently I've been carded. Mayor Furlong: And you thanked them. Councilman Labatt: I did. You know there's some businesses in the community that card everybody. They don't care who you are or how old you look, I mean if you don't have gray hair or you're bald on the top, you're going to get carded. So Fm just curious to see if we can have the applicant up to talk about what he's done and what his employ~ have done. City Council Meeting- May 12, 2003 Mayor Furlong: Is the applicant here this evening? By any chance. Apparently the applicant isn't here. If they are, is the applicant here this evening? Is that you sir? Estephan Hark: I'm Estephan Hark who's requesting the liquor license. Mayor Furlong: You are the gentleman requesting7 Would you mind coming up and. Estephan Hark: I don't have any questions about this, but it if somebody wanted to ask me a question. Mayor Furlong: I think there is a question so if you don't mind. Roger Knutson: Mayor while he's coming up I would just point out that Section 10-33 of the Code says, educational process must be, applies w all sellers of alcoholic beverages. That would include this application so it does apply. Councilman Labatt: Okay. Mayor Furlong: So if you'd like to raise a question. Councilman Labatt: Yeah. Mr. Hart, what has your company done or your store for training of your employees? To meet the requirements under the Liquor License ordinance. Estephan Hark: Well when we get the liquor license we're going to train them how you know we did for like cigarette~ or anything else. You know for an over or under age and their responsibility to check everybody's ID, even ff they think it is 26 to 30 years old, cheek them even if they're a little older, and always make sure that you see that there's a picture and a picture ID that matches that person when they come in to buy the preducts. And always check ID when you sell liquor to any person that looks 30 years old and younger. And ID is the right ID for that person. And that's what we do for cigarettes and same thing for the beer. And we ask for the beer license beca~ some of my customers they were saying that they, why we don't have a beer when other people you know, other in the neighborhood, they have to go and buy it son,lace else and they have to drive to other neighborhood to get it and that's why we ask for ic For the convenience for our neighbors so. Mayor Furlong: Are ~ any other questiom for the applicant? Do you own other similar businesses? Estephan Hark: No. Mayor Furlong: Okay. This is your only one? Mayor Furlong: Okay. Thank you. Councilman Labatt: I guess the way I interpret our ordinance is that training should be done before the liquor license is given so ff we want to, I mean I could support approving this contingent upon receipt of the liquor license certificate and a license fee of $58.00 in addition to the completion and certification of the employees under the training. City Council Meeting - May 12, 2003 Mayor Furlong: Okay. Councilman Peterson: Is that what the ordinance says Roger? Roger Knutson: It says no license or renewal shall be issued until after the applicant has an approved program instructing employees of the business premises in the sale of liquor. He needs an approved program. Councilman Peterson: So who reviews that from staff's perspective7 Todd Gerhardt: Karen Engelhardt~ Mayor Furlong: So the ordinance covers your issue, doesn't it Steve? Councilman Labatt: Yealx Mayor Furlong: Okay. So is there any other discussion? I mean clearly training's an issue and if there are problems, as Mr. Gerhardt had said, we're certainly going to deal with those. I know that we do work with the Carver County Sheriff to check for compliance throughout the year so for those reasons I think I'd be in favor of it. Is ttsm~ a motion? Councilman Lundquist: Motion to approve the 3.2 malt liquor license for Chanhassen Citgo at 380 Lake Drive East. Councilman Ayotte: Second. Mayor Furlong: Any discussion on the motion? Councilman Labatt: I just want to make it upon stnff's two contingencies, receipt of the liquor liability insurance certificate and the license fee. Councilman Lundquist; Absolutely. Mayor Furlong: I think conforming to the ordinance is probably a given. Councilmnn Labatt: But those two thin~... Mayor Furlong: But those are the two thin~ listed here so okay. So appro~ of the license contingent upon receipt of the liquor liability insurance certificate and a license fee of $58.00. Okay? And a second. Mr. Ayotte. Any discussion on the motion? If there's none we'll call the question without objection. Councilman Lnndquist moved, Cotmellman Ayotte seconded to npprove the off-sale 3.2 beer license request from Clmnlmss~n Cttgo Company at 380 Lake Drive Enst, contingent upon receipt of the Hquor ltablllty insnl-anee eerttltente nnd n Heense fee of $$8.00. All voted in fnvor nnd the motion enrfled unnntmonsly with n vote of 5 to 0. City Council Meeting - May 12, 21303 ROUNDHOUSE RENOVATION PRO~ECT, BUDGET AMENDMENT, AWARD OF BID. Public Present: Name Address Janet Carlson Deanna Bunkelman Sue Morgan 4141 Kings Road 4190 Red Oak Lane 4031 Kings Road Todd Hoffrmm: Thank you Mayor Furlong, membem of the City Council. The report that you have in your packet, item number 4 has been utxlated this evening with an additional proposal from Castle Roofing and Siding. This particular ~ holds the most irnpoRance this evening since it has the cm'rect dollar amount of $25,000 on there. At least last fall that's the number that the City Council sent staff away saying that ff you cam do this job for $25,000 or under, you don't need to come back befcn~ the City Council. If it's over that amount, you do have to come back and present to the City Council again. Back to the mfglnal staff report, I worked with a variety of contractors, and'I have over the past approximately 7 yearn. Round house is no doubt a unique project. It's a unique structure and some contmct~'s shied away from it immediately because of it's unique nature. Small as, not very substantial profit margins when the contractor takes a look at it and thinks about taking on a project. This time around we had, and again working with some of the folks from the neighborhoc~ We secured a quote, in fact this winter, for the roofing from a gentleman out of Carver. Diethelm ~on for $20,000 for demolition and reconstruction and then mateaSal costs of $6,300. Following up on that I spoke with three different painting and sand blasting companies. One of them came through with a price at $16,755.00. The representative of that company lives here in Chanhasse~ I met with him out there last W~y. With those numbers the total is $42,000. That included a pilched roof with demolition of the existing roof, a new pitched roof with cedar shakes, completely stripping the exterior of the stmclakre down to the barn material, the wood. Finishing that with a clear coat and then that would conclude the project. Ms. Btmkelman and others from the neighborhood feared that at that cost the City Council may elect to demolish the ~ and so really on their own this weekend they worked with a conlract~, Castle Roofing and Siding to come up with an alternative proposal which does a couple of things, but in gene~l satisfied the requirements of the renovation of the smacua~. It lowers the pitch of the roof slightly to either a 4:12 or a 5:12 pitch. Changes the wood shake shingle to an asphalt shingle, and then it goes about the completing the exterior of the smactum in a different way. Instead of stripping off the lead based paint, you scrap it down to a smooth surface and then encap~ it or paint it with a paint to complete the project. And I spoke with Mr. Schmidt today. He is on his way here to the City Council meeling. I would expect laim 81roulld 7:30. He called me from Minneapolis just before he left. Their interest in the project is from a couple of angles. They like the character of the round house. They work on historic buildings. They feel the structure is very unique. They'll be the first to admit that at $25,000 they're not going to make money in this project. They're simply going to pay their wages and pay the material costs, and hopefully preserve a building for the future of ~. Something of note, you have to give the neighborhood credit. They continue to work hard and dig deep into the history of the round house. There's an article that's in your packet entitled Lane Water Tank Builder Keeps Old Oaken Bucket up in the Air. This is from the Minneapolis Star, Sullday's Tribune from November 25~h of 1951 and Deanna found this article. The round house does have a unique history. Mr. Lane has a unique history in our community. I think the $25,000 price tag the project is worth constructing. Especially after letting 7 years pass after a referendum in 1996 which included monies to City Council Meeting - May 12, 2003 renovate the round house, complete the Phase IT of Roundhouse Park. I think this is a good opportunity for the city and the City Council to move forward with this project and complete this work. In speaking with Ms. Bunkelman today, where do we go from here? The neighborhood group is excited about having this work done and then they would like to continue their efforts to refurbish the interior of the building and put it into a usable state so they have made that continued pledge to the City. Something I didn't note which is of interest in the proposal from Castle Roofing and Siding is, Deanna also negotiated to have the windows installed at the $25,000 level which would not be included in the other proposal. And the windows would be supplied by the neighborhood task force and that would really finish the exterior and the renovation of the project so you would have new windows, new siding and a new roof on the structure. So it's the staff reco~on that the City Council approve the quote from Castle Roofing and Siding to renovate the round house and to have that work completed yet this summer. I know Deanna and othem from the neighborhood group are present this evening. I don't believe that Mr. Scbmidt is hem as of yet. Mayor Furlong: Okay. Is there any questions for staff at this time? Councilman Lundquist: I have a question. The motion that was made on October 20, 2002 has $25,000 limit and it has some things have to be done by Sune 1, 2003, which neither one of those have come so is there any further need to even talk about this if the bid is where it is? It's already covered by a previous motion. If I read this. If I read it correctly, that Councilman Ayotte moved and Councilman Boyle seconded the inte~on of windows is donated by the committee with completion in June. Oh it's completion by June 1, 2003. The cost of paint and roof exceeds the $25,000 that the item be brought back to the City Council for considemtiom Mayor Furlong: So I think that's why we're here tonight. Councilman Lundquist: Well there's nothing, they're saying it's less than 25, or is $25,000 and there's nothing saying it's not June 1, 2003 yet so. Todd Hoffman: The only reason we're hem is because that quote came in today. Just today. Otherwise we would have signed it and moved forward with the project. Councilman Lundquist: So that's my question. Do we have, what are we,, isn't this still a binding motion that we've given them too or do we still have the attthority to repeal this and do r, amethi~ else? Roger Knutson: It's a binding motion unless you unbind it, which you have the authority to do. Councilman Ayotte: Is he a lawyer or what? Councilman Lundquist: So I guess that answers my question them It can go for discussion them I just didn't want to have a long discussion if it was all moot anyway. Roger Knutson: No contract has been let and until the contract has been let, you can take away that authority. But if you were to be silent tonight and do nothing, then the staff would have the authority to proceed. So it'd take a positive action by you to prevent it, unless you, conversation is, work completed by June 1 and that might not be tn'actical. I don't know. June l's coming up pretty quiclc Councilman Lundquist: It is. City Council Meeting - May 12, 2003 Mayor Furlong: Any other questions for staff at this time? If not, are them other people that would like to speak to this? Ms. Bunkelman here this evening? Would you like to address this? Sue Morgan: Sure. Mayor Furlong: Cnxxi evening. Sue Morgan: Good evening. My name is Sue Morgan. I live at 4031 Kings Road, which is across the park from the round house, and Fmjust curious as to why we are here. Why thi~ issue is back on the. Councilman Ayotte: Ms. Morgan, could you pull the mic down towards you so. Sue Morgan: You bet. I'm just curious as to why we are here. Why this is back on the agenda again. Is there something that we need to do as a community or neighbors to get this moving? Nothing's really ha~ed with it. Todd Hoffman: No, the motion last October was that the council would see this again if the prices came in over $25,000. The product and prices that I secured was over that $25,000 so I was bringing it back to the council for their furtlmr direction. I)eznna Bunke~ took it upon herseff this weekend to solicit a quote at the $25,000 level for a similar project, but a little different and so we're here tonight to discuss whether or not that, we should move forward with that proposal at $25,000. So by the motion of last October the council had ~_ed that we should be back reviewing this again if it were to go over the $25,000 amount. In my pwposal or...that I solicited was over that. Sue Morgan: Okay. So are we at a si_marion now that if the panel doesn't disprove it that we can move forward? Todd Hoffman: Yes. Sue Morgan: Or will we be back again? Todd Hoffman: No. Sue Morgan: Okay. That's all I wanted to know. Thank you. Mayor Furlong: Is there anybody else? Is there anybody else who wanted to make some comments on this this evening from residents? Okay, thank you. At this point, questions. Comments. Discussion. On this item Councilman Peterson: Mayor I think that, my position really hasn't changed from when it was before us last year. I just, I don't think that it's worth the inv~t. In what we want to reconsider it or not isn't necessarily my choice. I just don't think that the buil~ has very much practical value and I think the ongoing operating costs are going to be substantially higher than any of our other buildings that we use for purposes like thi~_. So I think that that being said, we've already spent a lot on it. If we're not going to be able to use it as a warming house, which I understand that we probably won't, in a time when we're trying to watch our dollars and cents, I just don't think this is a time to be spen~ additional incrementally 25 additional thousand City Council Meeting - May 12, 2003 dollars that is going to Ad8 proportionately to our ongoing operating costs. So that's the position I had previously so I really haven't swayed from that. Mayor Furlong: Okay. Other comments? Councilman Ayotte: I cannot find fault with Councilman Peterson's thinking in terms of whether or not there is in a pure objective view value in the application of the building. But it goes to me as an I don't know. Where I see oppommity is that there's an intrinsic value to continually have the community engaged and from that standpoint irrespective of my personal view, I see some gains by the community getting involved with it's home. And I see it going beyond the round house. The round house in and of itself may have a quantifiable value that I don't know exactly what it is, but I hope that the community that's involved with the round house stays involved with the round house and then goes after other activity and gets involved with other things so that it doesn't become the one thing that they wanted to accomplish and ~ let go. I hope they continue to get involved with parks and rec and other community oppommities. Secondly, I was the one that made the motion for this and my motivation for it, because I'm...the facility, was to mitigate some measure of risk to the community because of the lead base paint issues and the need to encapsulate. My only concern is to not move quickly so I'm hoping and when we bring this back for a vote, what I'm concerned about is ensuring that Mr. S~hmidt can move quickly because I don't want that lead base paint to be even on a nominal level a threat to people in that park So whatever action is taken, I hope it's done immediately. If I lost in what I would like to see happen to go forward, then I want it knocked down fight away. I don't want that but I'm saying we need to deal with the risk issue and the risk issue is abatement. Or correction, encapsulation rather. So I'm hoping that Schmidt, if this goes forward, goes forward with the intent of doing it quickly. Thank you sir. Mayor Furlong: Okay, thank you. Other comments. Councilman Lundquist: Mr. Mayor my comments. I think whether I agree or disagree with the staff' s proposal...I think that we at least owe it to the residents of the round house, that area to follow through on the promises of the previous council and let them take their $25,000 and give until June 1 ~ and give them a chance to get it done. Mayor Furlong: Okay. CouncilmanLahatt. Go ahead. Councilman Labatt: Well going back to that October 28~ meeting, Craig and I were on the dissenting side of the motion. But I think like Mr. Lundquist said, it was 3-2 last October. The council gave these residents the scope to go out and find something. We set the limit at $25,000, not to exceed. They've gone out and done that and I'm not going to sit here and kick them in the gut and say no so I just, I don't like changing the rules. The council 3-2 decided last fall what to do and she has done it, so let's pat her on the back and approve this tonight. Mayor Furlong: In reatding through the various copies of minutes of meetings and all the thinG that have happened, I guess as we sit here on the 12m of May, it's not June 1~t yet. Maybe a question Mr. Hoffman. Based on your discussions with the ~ and with Deamna, do they have the windows available? Are they going to be able to get this done in the next 3 weeks? Todd Hoffman: No. The first thing to occur would be the abatement so they can start on that and then Deanna needs to secure the windows and then the roofing but the June 1" timeline is not a realistic timeline at this point, but by the conclusion of summer or, we didn't talk timeline today so I can't give you definitive on that but I know Mr. Sehmidt was excited about the project. City Council Meeting - May 12, 2003 Wanted to get going and, is he here yet? He's on his way so maybe he could answer that question before the meeting tonight. Councilman Labatt: Maybe we can ask Ms. Bunlmlman what she has in store for timeline to secure the windows, and maybe she has a commitment or something. Mayor Furlong: Sure. Please. Deanna Bunkelman: Hi. Deanna Bunkelman, 4191 Red Oak Lane. Some of the windows we already have donated. With a local lumlx-r company and whatever they don't donate we can get at cost. And we also have dollars that we've already raised so between all of that we pretty much have the windows. There's 13 windows and that's the undersized so even though it was done back in the you know late 1940's they were put up, they are the standard size so there's no concern. They were actually Anderson Windows that were in there, so if we wanted we could do the Renewal by Anderson and just have them replace the glass but we thought it would be better to actually get the whole window. Mayor Furlong: And that sounds great. I'm curious how much since the October council meeting, how much pwgress have you made in terms of raising donations and either in kind or actual cash? Deanna Bunkelman: We've actually have done quite a bit of progress. Afl~ the last council meeting we sent out 701 believe additional letters to local businesses and we also inclod_~l quite a few businesses in Excelsior because we know that they are very into landmarks and restoring history. So we've actually had more cash and also more in kind material. Mayor Furlong: Do you know. Deanna Bunkeiman: Our local hardware companies and things like that. Mayor Furlong: So where are you now as we sit here today in terms of donated cash? Deanna Bunkelman: Oh donated cash, several thousand. We're in the $5,000 area. Most of it is really in kind material. Getting either materials donated or n~t~ at coal We also have paint, you know so depending on working with a contracting firm we can get paint from a paint company in Excelsior so that's the kind of stuff. A lot of it is actually in kind material And then I already had mentioned to you about the Scouts. We're planning to have two scouts that would be getting theft Eagle to do the benches inside for the warming house and then also do the landscaping. So really for their projects we can help them but when you're going for your Eagle you're supposed to go out and raise money and do all of that, as much as you can. Mayor Furlong: Ah~ght Any other questions? Councilman Ayotte: The contractor just walked in so. Mayor Furlong: Okay, good. Any other questions for Deanna at this tiII~? Councilman Labatt: No. Mayor Furlong: No7 Thank you. Is a representative from Castle Roofing here this evening7 10 City Council Meeting - May 12, 2003 Greg Schmidt: Yes. Mayor Furlong: Good evening. Greg Schmidt: Good evening. My name is Greg SchmidL I'm with Castle Roofing and Siding in Minneapolis. Mayor Furlong: Okay. Are there questions? Councilman Ayotte. Councilman Ayotte: Mr. Schmidt, you know you came in at the not to ~ of $25,000. Thank you very much. It's obviously something as Mr. Hoffanan stated that you're not going to make a whole lot of money on it so the first question is will you do it for free? The biggest concern I have is schedule wise, the encapsulate of the lead base paint. Getting that done pretty quick. Do you think you could turn that quick for us7 Greg Schmidt: Yes, at this point of the year, yes we can. And our goal would be to get ahead of the school's letting out, is that Icind of what you're getting at for kids in the park and public spaces? Councilman Ayotte: Yes. Greg Schmidt: Yes. We would of course also protect the site and make sure that as much as possible we keep people away and try to get that preliminary part done so that the public is not exposed to that, for obvious reasons. Councilman Peterson: What's your current time line for getting your whole portion of the project done? Greg Schmidt: This would be a 30 day project, assuming that the windows are on order and can be brought in and installed during the siding phase. I think Deanna has a handle on that so I'm confident of that. Windows take about, at least Marvin is about 2 weeks out for windows so I would assume that any othex supplier would be equally as responsive. And it's a 30 day project Mayor Furlong: I'm curious about the two different m~th~ I think that have been proposed here in terms of dealing with the lead base paint, from a safety issue. And correct me if I'm wrong Mr. Hoffman. The contractor that you were speaicing with would have removed or stripped the wood as opposed to encapsulating it or scraping and painting over it, is that, or is that an unfair description of encapsulation? Greg Schmidt: We would primarily use carbide tip scrapem to remove the paint~ Most of the paint you can remove with your fingernails, and so we don't think it will be a difficult process. There is the possibility of some sanding but it would be ~ and we would certainly scrap the side walls with these carbide scrapers and do it, fall down to tarps where it'd be collected and hagged and disposed of tn'operly. Mayor Furlong: So is all the paint, the existing paint be removed or? Greg Schmidt: It'd be down to the bare wood, although redwood is soft and you don't want to gouge it so we would get it down as far as practical with the technique we have. Stripping is also an option but then we get into chemicals and we feel that it's safer in general to hand scrape. 11 City Council Meeting - May 12, 2003 Mayor Furlong: I guess Fm concerned about down the road, once we paint it. It will have to, you know, are we just by not going forward with the removal now, are we creating an issue where down the road we may have another problem or there may be exposure of lead paint remaining on the building now? Greg Scbmidt: No. The mistake people have made in the past is using a poor quality paint and so it does not adhere to the substrate and it peels up and we would obviously use the best paint we could buy. The Al00 from Sherwin W~ has been mentioned as an option. Something from Benjamin Moore in a similar type of paint. But anytime we cover a well prepared wood surface it should be good for 20 years I'm guessing. 15 to 20 years. And it may have to be repainted but it certainly is not going to be pulling the lead paint off with it. We believe we can get a nice clean surface to adhere the paint to. Mayor Furlong: Okay, thank you. Any other questions of the contractor? Thank you. Councilman Labatt: I'm sorry. History of doing this. Is this your tenth job? Hundredth job? Removing, scraping lead base paint and setting up the ~ taxps to protect the environment around there? Greg Schmidt: In the 35 years that Castle's been in business in one form or another, it was originally the owner's father's company and then so it's, since the 60's. I don't have an exact count of the number of projects we've done like this, but this is a typical project for us in terms of projecting the job site and for handling hazardous waste because as you know siding companies, we're dealing with asbestos all the time, especially in South Minneapolis and sc~e of the older homes around town and so it's a practice that we know well and we do it every day. Councilman Labatt: Okay. Good, thank you. Greg Schmidt: Thank you. Mayor Furlong: Okay. Other discmsion? Comments? Anything else? From my standpoint I think my concern is, I'm wondering when this is going to get done, ff ever. Even ff we continue to go forward here with the dollars this evening. We had since October, this is corning in, there was a motion in October to get thin~ done by June Ia and here we are middle of May and over the weekend we get a proposal that meets the criteria. And my sense is that there seems to be deadlines made and stretched ca3nsllIntly. It's been singe the,, I think it was mentioned the '96 referendum that we've been working on this. I'm just, I support the efforts that the neighbors and residents have put in and I'm just concerned about their ability to get it done. And not because of their lack of desire or trying, but it just seems to, it just doesn't seem to get done. And so how much more do we keep going and stretching it out. We've heard ttmight that they're not going to meet the June 1~ deadline so by resolution, you know are we going to see this again in a month or are we going to go ahead and extend the d~dline again with the e~on that it will be met? And we're still dealing with issues that have been discussed by prior councils in terms of utility and whether this is the fight purpose or not so I'm concerned that we continue to extend and lira? along without getting to where we want to be, and that's done and good amenity to a park. Councilman Ayotte. Councilman Ayotte: With regards m, and I really don't recollect, but was it the staff's requirement to secure the quote for what we've received or was it the community organization's responsibility to secure the quote? 12 City Council Meeting - May 12, 2003 Todd Hoffman: Staff's requirement as far as my understanding. Councilman Ayotte: So when did we, did we send out reque~ for proposal? Todd Hoffman: No, through a quote process I simply contacted eontmctom via phone starting in January. Councilman Ayotte: So we start contacting vendors in the January timefran~. And we got a vendor to respond to the quote. Were they responsive? Todd Hoffman: No. Well some were, some weren't. Othea-wise it wouldn't take me this long to get the proposal back. And I also worked with Deanna. Deanna was actually the person who contacted the roofer, Mr. Diethettm From what the contractor's saying tonight, a 30 day turnaround and he wants to get started before school's out and get the painting encapsulated, that sounds like a good schedule to me. Councilman Ayotte: That's a very aggressive schedule but if them is, and what the mayor is saying, if there is a hiccup that's introduced with material that's to be provided and it's not ~ that's my concern so if we could have some mechanism to assure schedule by having an inventory of the material that's available, and then the presentation of a performance schedule by the contractor based on what material is available with, ! think it's going to have to be an extended date. You know like the end of June, but with encapsulation of the building sooner than that, then I would feel comfortable moving forward. I do want to get it done. I am worried about risk to the community. I think a week or two may be needed but I think in order for the conwactor to sign up for that we have to have some recognition that the material that is needed, that he needs, is in place. So how do we? Mayor Furlong: Well, I guess in that regard I wouldn't want to see a contract let for anything, any repairs, even painting or encapsulation until we know that everything's ready. I mean Councilman Ayotte: I think that's my point. That we have. Mayor Furlong: There's no way Fd go forward on thac Because otherwise we're just going to be back here at some point. Councilman Ayotte: That's what I'm, yeah~ Yeah. So if we could somehow make sum that the building material is well understood and wi_thin reason of meeting the suspense date and the suspense date being something like middle of J'une, with anticipated start date of whatever, them Mayor Furlong: Well. Councilman Lundquist: But it defeats your purpose of getting it done before the school. I mean I Councilman Peterson: All we're talking about is really getting the windows, right? Councilman Ayotte: Well, I don't know. That's my point. I don't know if there's something. Councilman Peterson: My sense is, and we can ~y ask the conuactor but that he shouldn't start, what we're saying is he shouldn't start until we have the windows locked and loaded with 13 City Council Meeting - May 12, 2003 the funds to purchase them or in kind. So that seems to be the leverage point here, the fulcrnm. And we certainly can ask the conuactor but I think that's certainly is a good compron~. Get the stuff, and Deanna eloquently danced that she believes that she's got the money to do it but what's let's order them and have the funds available. Councilman Labatt: Let's ask Mr. Scbmidt the question. Mayor Furlong: That's fine, yep. Greg Schmidt: Did someone ask to see me? Councilman Peterson: More a question for Deanna... Mayor Furlong: Yeah, maybe both of them- Councilman Labatt: When are you prepared to start? Greg Schmidt: I can tell you that tomorrow but I believe we could start, we could get some people out here yet this week. I'm quite sure we could get a prep crew out here this week. Mayor Furlong: I guess one of the issues too is, you've had conversations with Deanna and, you know. Oreg Schmidt: Yes. Mayor Furlong: Let's get some answers hem rather than you know we think and we cam When are, who's going to order the windows and when will they be ordered and when they know that they're ordered because our concern is if we start doing some work but then for some reason there's a delay on the building materials that was mentioned that you're expecting, that this continues to be extended. So will you be ordering the windows? Or will ~ be. Greg Schmidt: Deanna will be tin. ugh Lyman, Deamna will be mxtefing those, that's my understanding and I can't imagine they'd be out more than 2 weeks and that is not a problem for us because the whole project can proceed. That is not going to hold us up at ail If the windows are available in the next 2 to 3 weeks, that would be fine. As far as our timing. Mayor Furlong: Alright. Greg Schmidt: So I don't see it as a problem at all. Even if they're 2 weeks out. Mayor Furlong: Okay. Alright. Deanna. Thank you. With regard to the windows. You know can you give, can those be on order within a couple week time period? Deanna Bunkelman: If this is approved tonight, I will contact my contact at Lyman tomon'ow and get them on order. Mayor Furlong: Okay. Deanna Bunkelman: So however long that takes. You know Greg is saying 2 weeks, but I have no idea. I don't order windows so. 14 City Council Meeting - May 12, 2003 Mayor Furlong: Alright. Thank you. Any othgr questions for h~r? Deanna. Councilman Peterson: Funding, earlier you weren't for ~ that the funding was there to purchase the windows so now you are? Deanna Bunkelman: Yes. Yes. We have no issues with the windows because like I said, Lymau is going to supply materials and depending on what matefiah we ask for. For this project though Greg has that all under control except for the windows. We said we would supply the windows. So I'm either going to get some of them donated, some of that at cost, or we're going to use some of the money that we've already raised. Mayor Furlong: Okay. Thank yotc Councilman Labatt: Is there permit fees? Do they need to get a permit? Roger Knutson: You'll note that the contract provides that it includes getting the permits. Mayor Furlong: Okay. Alright, where would the council like to go? Councilman Ayotte: I would like to move that we approve and give a go forw~ to staff to secure the services of Castle Roofing and Siding to initiate the Nroject this week for the target completion date of 15 June. And that I'd like to further ask that encapsulation be, removal of the lead base paint and encapsulation be the first task at hand. Mayor Furlong: Is there a second? Mayor Furlong: Any discussion on the motion? I guess my question is, we've talked about securing the building materials prior to the conlract being let. So you know, and we've got a commitment that that should not be an issue. With regard to the windows but I think. Councilman Ayotte: Let's call that a friendly amendment Mayor Furlong: That would be. Councilman Ayotte: That the ordering of the windows be a requisite to the actual sig~ing of the purchase agreemenL Mayor Furlong: Contingent that. Councilman Peterson: And the obligation for payn~t is not city related. Right? Councilman Ayotte: Correct. Mayor Furlong: Yeah, the windows need to be c~lered without city funds and sufficient and confirm that they are sufficient by the contractor to complete their project. And that this would be completed by June 15~, all the work Is there any other discussion? If there's none we'll call the question. 15 City Council Meeting - May 12, 2003 Councilman Ayotte moved, Councilman Labatt seconded that the Oty Council direct staff to secure the services of Castle Roofin~ and Siding to initiate the Found house renovation project in Roundhouse Park, contingent on confirmation that the windows are ordered without city funds, with a completion date of June 1S, 2003. Further asking that removal and encapsulation of the lead base paint be the first task completed. All voted in favor, except Councilman Peterson and Mayor Furlong who opposed, and the motion carried with a vote of 3 to 2. NAMING OF TUg. PARK IN FRONT OF CITY HALL~ LOCATED AT ~ C~RNER OF wF-qT 78TM STREET AND MAR~ BOULEVARD. Todd Hoffman: Mayor Furlong, membe~ of the City Council. The item which you have in your packet is a misprint from a previous park naming back in 1999, so you can ignore the item number 5 memorandum with the exception, do not ignore the manager's ctmaments which is on the bottom, initialed by Todd Gerhardt, 5-7-03. The new memorandum which I have n_ddifional copies here, if you'd like to pass those around, is dated May 6au which I distributed to the City Council. It' s a recommendation concerning the naming of the park located in front of City Hall, and adjacent to the new library that's being constructed. On Tuesday, April 22~ the Chanhassen Park and Recreation Commission discussed the naming of that new park being constructed in front of City Hall. The reason for the necessity to go ahead with the naming is the park sign was approved as a part of the contract The verbatim minutes detailing the commission's discussion from that evening are attached. It was staff's recommeaadafion that the park be named City Center Park. Two residents and two memhe~ of the library staff suggested that the park be named something different. Offering such suggestions as Poet Park, Freedom Park, Authors Park and Library Park. After considerable discussion the Park and Recreation Commission made the following recommendation. It was moved by Commissioner Stolar and seconded by Commissioner Atkins that the City Council, that they recomix~nd the City Council n~me the park adjacent to the new library City Center Park, Library Commons and on the sign it lists three different lines. At the top identi~ng the City of Chanhassen. The name City Center Park, with a sub name Library Commons. All voted in favor except Commissioner O'Shea who opposed and the motion was carried by a 6 to 1 vote. And then please note the manager's commea~ again on the blue cover on item number 5. I believe them is a repre~z~ative from the Park and Recreation Commission here this evenin~ if you'd like to ask questions of the commission~ Mayor Furlong: Okay, thank you. Is there any questions for staff at this time? If not, is them someone with the Park and Rec Commission? Oh, good evening. If you'd like to address the council or say anything. Tom Kelly: Tom Kelly, 91... Apologize for the attire. I was at Little League tonight. Just how we came up with that name. There was a definite division in the commission last month. Some people liked City Center Park. Some liked Library Commons so we found this as a common ground. The idea behind the City Conte~ Park, Library Commons was to give the overall area here a city center name with the library commons being here or city center ballfields being to the north of city hall so that was the idea behind having City Center Park and then giving it a sub- name of Library Cornmous. To kind of find some common ground on the commission. Mayor Furlong: Okay, thank you. Any questions? Okay. Discussiom Council Councilman Peterson: My first reaction, usually when I do naming thin~ like this, anything marketing related. When I read it I thought it was three separate names. I thought Chanhassen, we get a call at Chanhassen Park, that must have been a typo. Then I went well City Center Park, 16 City Council Meeting - May 12, 2003 I thought it was three choices here so having them all three together doesn't sing to me. So I'm leaning towards staff recommendation of City Center Park, in all due respect to the Park Commissioners efforts to consolidate their perspective, it's cxmfusing to me. Councilman Labatt: Not to waste any time...have pressing things tonight but I would ditto Mr. Peterson's comments and go with City Center Park. Mayor Furlong: Fair enough~ Councilman Lundquist: I'll make it an easy three. Mayor Furlong: Very good. Is there any other discussion? If not is there a motion~ Councilman Labatt: Move that we reco~ that we approve the name of City Center Park in the open space. Mayor Furlong: Okay, is there a second? Councilman Peterson: Second. Mayor Furlong: Is there any discussion on the motion? Seeing none we'll call the question~ Comleilman Labatt moved, Couneilmsm Peterson seeanded that the City Council name the park in front of City Hsdl, located on the earner of West 78~ Street and Market Boulevard City Center Park- All voted in favor and the motion carried nnRntmnnnly with a vote of 5 to 0. Mayor Furlong: We received two applications for open seats on the Planning Commission and the council was able to interview one of the candidates last Monday and I think Councilman Peterson and Ayotte interviewed the other candidate inbetween last Monday and now so I guess I would, let's open it up for discussion. Fm curious as to. Councilman Peterson: Mr. Mayor I think sirra, ly put, we found Mr. Papke to be an exception candidate for consideration so I think on behalf of Bob and myself we're recommending approval. Mayor Furlong: Okay, thank you. Any questions? Councilman Labatt: I think Kurt has applied before. I remember interviewing him. Councilman Peterson: About 6 years ago. Councilman Labatt: Yeah. No, not that long. Councilman Peterson: Pretty close. At least that's what he shared with us thig evening. Councilman Labatt: Maybe 5 because I was on the council when he. Councilman Peterson: Okay 5. 17 City Council Meeting - May 12, 2003 Councilman Ayotte: Since when did he start being so picky. He was never picky before. Councilman Labatt: I remember him. I remember this gentleman... Councilman Ayotte: Yeah and they card you too. Councilman Labatt: I would ditto that. Mayor Furlong: Okay. I think also the other candidate, Bethany Tjomhom was inmrviewed by council, most of the council rne~ and ~y sbe seemed well qualified as well. Would be a good addition so with that is there a motion regarding the appointments? Councilman Peterson: Motion to approve both candidates as recommended by. Mayor Furlong: Is there any discussion on the motion? Councilman Peterson moved, Councilman Labatt s~onded to appoint Kurt Papke and Bethany Tjomhom to the Planning Commt~sion- All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRgSE~ATIONS. councilman Labatt: We all got our pars_de, applications in the mail. Get them in early. We don't want to have a problem like we had last year. councilman Peterson: Can't we make ~ last 7 chapters of the ~ tonight? Mayor Furlong: I think we should just deal with it right now tonight. Any other discussions? AI)MINISTRATIVE PRF_SENTATION-8. Todd Geflutrdt: The only item I have is that we will not be meeting on the 22~a for the EI)A. We'll try to cover that at our 27a~ City Council meeting to accommndam everybody's schedule. Mayor Furlong: Okay. Any other items? Todd Gerhardt: I did get the TIF stipulation ageermnt. We're reviewing that. I'll probably go into Executive Session at our next council meeting and go through that and hopefully get it approved at your next council meeting. Mayor Furlong: Good. Any questions for staff? Any items? Okay, seeing none. CORRF~qPONDENCE DISCUSSION. Mayor Furlong: Any items under the conespon~n~? If them are none, is there a motion to adjounl. 18 City Council Meeting - May 12, 2003 Councilman Labatt moved, Councilman Peterson seconded to adjourn the meeting, All voted in favor and the motion carrie& The City Council meeting was adjourned at 8:05 Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 19