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CC 2010 05 24 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 24, 2010 Mayor Furlong called the meeting to order at 7:05 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, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman, Roger Knutson and Peter Woitas PUBLIC PRESENT: Doug Hanson 11969 North Shore Drive, Spicer, MN 56288 Ruth Chadderdon 8900 Audubon Road Wm. H. Kittelson 8791 Lake Riley Drive Jim Wittich 8799 Lake Riley Drive Patrick Walsh 8131 Audubon Road PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everyone here in the council chambers as well as those watching at home. We’re glad that you chose to join us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not, without objection we’ll proceed with the agenda as published. I’d like to start with a couple of public announcements. First of all on our consent agenda in a couple minutes I’m asking the council to approve a proclamation regarding Camp Tanadoona and the Campfire USA Council. Specifically Campfire USA was formed in 1910 to provide youth development opportunities for girls and young women and the first Campfire camps in Minnesota were formed in 1912. As a former summer home of Governor John Lind, Minnesota Governor John Lind in Chanhassen was purchased by Campfire in 1922 and in 1924 Camp Tanadoona was formed on the shores of Lake Minnewashta here in Chanhassen. The camp has expanded over the years and Campfire now offers programs to both boys and girls. Annually more than 2,000 youth, including 100 residents from Chanhassen participate in Campfire programs and enjoy the facilities of Camp thrd Tanadoona. With 2010 being the 100 anniversary on June 3, Camp Tanadoona is going to be celebrating that, or Campfire USA Minnesota Council’s going to be celebrating it at Camp rd Tanadoona and as such we will declare and proclaim that Thursday, June 3 in 2010 will be Campfire USA Day in the city of Chanhassen so we wish them well on their event and we thank Campfire and Camp Tanadoona for all that they’ve done over the years for the children in the area. The Twin Cities area as well as Chanhassen and we wish them well for their second hundred years. Also like to make a general invitation to family and friends, businesses regarding Memorial Day celebration coming up a week from today. Chanhassen American Legion Post 580 is pleased to announce the Memorial Day ceremony will be held at noon on Memorial Day, a week from today at the Chanhassen Veterans Monument. The monument is located in City Chanhassen City Council - May 24, 2010 Center Park right near the library. We had a dedication of that monument one year ago and the American Legion with their Commander Gary Boyle, myself and others will be there to participate in a Memorial Day celebration here in the City of Chanhassen. There will be a picnic for all involved afterwards held at the American Legion. Should be a fun event and we invite everyone to come and join our veterans, friends, neighbors as we assemble on Memorial Day 2010 to pay tribute to the men and women who have served our country and across the entire United States so that will be a fun event. It was a great event last year. Nearly 1,000 people came and showed up and looking forward to a very well attended event this year as well. I’ve already signed the proclamation that it will be a nice, warm day. Perhaps not as warm as today but weather will be fine so look forward to seeing everybody then. We’ll move on now to our consent agenda. CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst 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 May 10, 2010 -City Council Verbatim and Summary Minutes dated May 10, 2010 Receive Commission Minutes: -Planning Commission Work Session Minutes dated May 4, 2010 -Park and Recreation Commission Verbatim and Summary Minutes dated April 27, 2010 Resolution #2010-47: b. he Arbors, Project 07-05: Accept Streets and Utilities. c. Approve Extension of Preliminary Plat for Powers Crossing Professional Center. d. Approve Amendment to Southwest Transit Station Agreement Extending the Deadline for the Project. th Resolution #2010-48: f. Approve Resolution Celebrating Campfire USA’s 100 Year. g. Approve Agreement to Allow an Auto Repair Garage in Property Zoned Planned Unit Development. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES. Lt. Jim Olson: Good evening and thank you. Before you this evening I’ve got my packet with the Sheriff’s Office Area Report for the month of April, along with the Citation List and the Community Service Officer Report. Are there any questions regarding that at all? 2 Chanhassen City Council - May 24, 2010 Mayor Furlong: Any questions for Lieutenant Olson on his report? Lt. Jim Olson: I’ve got a couple other items of interest that I’d like to share as well. Crime overall continues to be low in the city and we remain below crime levels from last year so far and that’s good. It’s starting to pick up a little bit now but with spring, or summer coming on and school getting out and so on it’s starting to pick up a little bit. I would like to highlight a couple of cases for the City Council that we’ve had in the past month. We had the theft of a GPS from an unlocked vehicle that was parked behind a business here in Chanhassen. Detective Thiele through investigation was able to develop a suspect, recover the property and charge the suspect so that was certainly a good thing with that. We had another theft of a wallet from an unlocked car and again Detective Thiele developed a suspect and was able to recover the wallet. It was laying down in a storm drain actually so we had to have somebody from the City come out and assist us with that, and that person was also charged. And we had a burglary where the suspect when into an open garage door and took some items from inside the house. We were just able to recover one of those things today actually. We have developed a suspect and we recovered one of the items anyway that was taken. There’s a recurrent theme from all of this. These were all crimes of opportunity or opportunistic crimes. You know unlocked and open doors. Items left on the dash or on the seat in plain view. We live in a safe community. I mean we really do. This is a safe community however we still do need to protect ourselves. This time of year there are more people out and about and I know it’s easy to leave a garage door open or a car door unlocked but before you go to bed, you know before you go for a walk, before you go in your back yard, you know take a look around. Check your doors. Check your patio door. Check your garage door. Look at it. Lock it. Check it and close it and I think I’m going to make that into kind of a theme for this summer. Look at it and lock it and check it and close it. Make it automatic. Just like your seatbelt when you, you know when you hop in your car to go for a drive. Again look at it and lock it, check it and close it. And speaking of seatbelts a little bit, we’ve had some tragic accidents recently in the state where some young folks have died and this has been throughout the state. A lot of those were not wearing seatbelts when it happened. Agencies throughout the state are currently doing an extra enforcement through the Click It or Ticket campaign. Carver County’s part of this. Wearing your seatbelt is now a primary offense. In other words you can be pulled over for just for not wearing your seatbelt. I would encourage people to please wear your belts and talk to your young drivers at home as well about the importance of wearing those. You know those seatbelts are there to keep you safe. It’s important to wear those. And last but not least, finally school is almost out and I would ask that motorists be careful driving through neighborhoods. Our children will be out and about shortly and believe it or not sometimes they don’t pay attention real well so if the weather’s nice, there’s more pedestrian, bikes out and about, please slow down and pay attention going through the neighborhoods. Anything for the sheriff’s office at all this evening? Anything else? Mayor Furlong: Any questions for the Lieutenant? No? Okay, very good. Lt. Jim Olson: Thank you for having me. Mayor Furlong: Appreciate it. Chief Smallback is here this evening. Good evening Chief. 3 Chanhassen City Council - May 24, 2010 Chief Roger Smallback: Good evening. Year to date, 229 calls for service so far. For the month of April we ended April with 40 calls for service. Month to date for May we’re at 37. All of those numbers are reasonably close to average so far. We did have one structure fire. It was not th in your packet. It occurred after that had been put together. May 15 there was a call was dispatched as a motorhome on fire and as we’re enroute to the call it was upgraded to the motorhome had extended to the garage. We were able to confine the damage, the fire damage to the one end of the garage. The motorhome and two lawn tractors were completely destroyed. The one end of the garage that was next to the motorhome did sustain significant damage. However the siding on the house, it was a stucco house and the stucco acted as a fire stop so this is another one of those fires that could have been had it not, had it been wood siding on there, there would have been significantly greater damage but as it is we confined it to the motorhome and the one end there. That’s it for this evening. Any questions for fire? Mayor Furlong: Any questions for the Chief this evening? No? Very good, thank you. Chief Roger Smallback: Thank you. PUBLIC HEARING: AUDUBON ROAD RECONSTRUCTION PROJECT 10-02: A. ACCEPT BIDS AND AWARD CONTRACT. B. ASSESSMENT HEARING. C. ACCEPT QUOTES FOR SOILS TESTING AND CONSTRUCTION STAKING. Mayor Furlong: We’ll start with a staff report please. There will be a public hearing on the assessment portion, as well as consideration of opened bids and other activities so Mr. Oehme, good evening. Paul Oehme: Thank you Mayor, City Council members. Yeah I’d like to, at this time just walk through the project as it is proposed. I’d like to open the assessment hearing up after the brief presentation I have so. Audubon Road again proposed to be reconstructed. The section of roadway is located just south of Lake Drive West down to Lyman Boulevard. It’s about the points, a little over three-quarters of a mile long. The street currently is a rural section road which means that there is no curb and gutter out there. It’s just gravel shouldering on a steep slope. Streets are, the street is in overall poor condition at this time and is experiencing several cracks and alligatored areas and pothole areas so. The gravel shoulders on the hill have a tendency to wash out during large rain events which causes safety problems. A lot of the gravel ends up in people’s driveways as well. No pedestrian corridor is currently available along this section of roadway. Substantial, sub-standard right turn lanes are currently present at several intersections and no left turns are available at this time. Along this section of roadway. City utilities are thought to be in good condition in this area. The proposed project is consistent with what was at the public hearing. Presented at the public hearing which is to have the road remain a two lane roadway section, although we do want to upgrade the road, reconstruct and urbanize it to a city standard and geometrics that meet state aid standards as well. Curb and gutter will also facilitate the additional of storm sewer along the corridor to pick up the runoff and treat it at the south storm sewer pond that was constructed with the Lyman Phase I project that was constructed now several years ago so. We are proposing to add left turn lanes at major 4 Chanhassen City Council - May 24, 2010 intersections. This is for safety improvements. Not just now but in the future. Improve existing right turn lanes as well. Make them a little bit longer. Little bit friendlier. We also are proposing to add a 10 foot wide pedestrian trail on the west side of the, of Audubon. The trail here is consistent with what was approved in the trail Comprehensive Plan . The pavement section, again we’re looking at upgrading that. We’re adding sand which helps the longevity of the road. Trying to get some water away from the actual asphalt and also adding drain tile in here will definitely help the pavement a lot longer as well. We are planning, in conjunction with the roadway street project we’ll have to move some hydrants back. Relocate them a little bit and then we’re also planning to do some miscellaneous work on some sanitary force and some gate valves we feel should be replaced at this time. We are also proposing to add some street lighting at Osprey, Valley Ridge Trail South and Sunridge Court. Again this is for safety improvements as well. No additional street lighting is proposed along the corridor. Since the public hearing staff has met several times with the property owners along the corridor to try to address some of their concerns and try to work out some arrangements to help them through the project. A couple things we’ve done, we’ve tried to minimize the tree impacts as much as we can. We’ve adjusted the trail somewhat in some areas so it lessens the impact in some areas. We’ve added retaining walls to help drainage in this area as well. In conjunction with that we also added tile along some of the property lines to pick up some drainage as well and again some storm sewer catch basins as well. We also adjusted the profile in several key areas, especially along driveways to help the profile fit better into the other roadway and lessen some of the driveway approaches as we come into Audubon as well. We’ve, and then we’ve worked with property owners on landscaping plans and their temporary easements as well so try to revegetate those areas where we do have to remove some trees. The speed limit, while we’re not proposing to change it at this time. Again Minnesota State Statute, the Commissioner of Transportation, or that State Statute sets the speed limits. We do intend to monitor Audubon to see if there is any changes that it would be necessary in the future, if such at time it warrants it. The street width, like I said it’s pretty much consistent with the current roadway cross section as it sits today. If you include the gravel shoulders. The 40 foot wide roadway. You’d have center turn lanes in several locations and again the addition of the trail on the west side of the roadway. At the intersection of Valley Ridge Trail North, the intersection widens out a little bit to compensate the left turn lane necessary at this location. Pavement section is proposed to be a 10 ton road design which is consistent with our commercial standard roadway section. 2 inches of bituminous wear course. 2 inches of the binder course. 2 ½ inches of bituminous base course. We have 12 inches of Class V aggregate and then 18 inches of select granular which is basically sand that we’re proposing for this pavement section. The trail again is proposed to be on the west, extended on the west side of Audubon from just north of Valley Ridge Trail North all the way down to Lyman Boulevard, which is consistent with the Park and Rec Comprehensive Plan. The green trail here is not proposed, on the west side is not proposed to be relocated or reconstructed at this time. However the trail on the east side of Audubon from Lake Drive West down to Osprey has to get reconstructed because of the profile and the geometrics of Audubon Road. Trails in the Audubon Road area are shown on this map. Audubon trail that’s being proposed is shown in blue right here. The other trails that are in our comp plan are also shown in blue this year as well. They are, if and when Lyman Boulevard gets upgraded the trail section, the trail alignment would be proposed at that location as well so as roadway improvements are made, trail improvements are also typically included in conjunction with those roadway projects. For the construction we anticipate that the construction will be phased in over time and access may be 5 Chanhassen City Council - May 24, 2010 limited at certain times but we intend to have any property owners that access Audubon to have access to their property at more or less all times unless there’s utilities going in front of their house at that time or curb and gutter’s being poured at which time we’d prefer to have property owners stay off of that section. Trees will again be revegetated in the temporary easement areas and we’ve worked with several property owners on how to best facilitate that revegetation. The City’s construction inspector will be working with the contractor to coordinate the work and notify residents of upcoming construction activities. Construction will vary and move around from day to day and we intend to have a hotline available for the property owners. We’ll also send our flyers. Try to get out weekly flyers and update the property owners on where the contractor will be for the upcoming week and then also put up signs in some of the neighborhoods notifying people which access to take to get out of the neighborhoods as well. Audubon will, we intend to close this whole section of roadway to through traffic so only local traffic will be able to access this area during the construction time. And then we are, we’ll be working with the post office and the property owners on temporary mailbox relocation locations as well. And then garbage collection for these type of projects is typically not disturbed but we work with the contractor to facilitate those services are maintained. So bids have been opened and based upon the bids received the project costs are shown here. The project is just a little bit over $1.9 million dollars when we take into account easement acquisitions and indirect costs that we have for this project so. The proposed funding is shown here with the majority of the cost paid through the revolving assessment fund. Some assessments are being proposed for the benefitting property owners that abut Audubon and then we also have storm sewer improvements and watermain improvements to be paid through the associated utility fund. For the assessments staff did recalculate the preliminary assessment as it was presented at the public hearing. That assessment has gone down. There are still 8 property owners that are proposed to be assessed for the project and again the assessment calculation has been made using our assessment practice of assessing 40% of the project cost back to the benefitting property owners who abut or have access to the roadway in question being proposed for reconstruction. For Audubon Road we have taken out all of the costs that are not associated with residential street equivalency. Basically taking out the turn lanes. Taking out the trail. Taking out the over sizing of the pavement and basically getting it down to that 31 foot wide roadway section and based upon the cost that we receive from the contractor, the new proposed assessment amount is $4,549.28. The proposed terms of the assessment are again 10 years and we have adjusted the assessment rate to reflect prime rate plus 2% and so the proposed interest rate now is 5.25% which is also the same assessment rate that was approved at the time the Erie Avenue reconstruction project was approved this year so. The schedule, as we move forward. Maybe I should just highlight, we did have a neighborhood meeting last Thursday with property owners in this area. We did send out 150 notices for that meeting. We did receive, have 11 residents attend that meeting so for tonight the assessment hearing, award of contract is proposed by staff at this time and if the project moves forward we intend to start construction potentially about mid-June. Smaller utility contractors might be on site earlier than that but the road work and the closure of Audubon Road is not proposed until sometime around mid-June. Most work we intend to have completed by the end of August of this year so. And then the final wear course would be proposed to be put on next year before June or sometime around June of next year. And with that if you have any questions. But for the assessment hearing I would just recommend that if property owners, well it should be reminded that if they wish to file a written objection with the City, then you should do that prior to or during the actual assessment hearing. 6 Chanhassen City Council - May 24, 2010 Objections after the public hearing are invalid and at this time staff has not received any written objection for their assessments at this time so with that if council has any questions I’d be more than happy to try to answer them. Mayor Furlong: Questions for staff at this time. Mr. McDonald. Councilman McDonald: I’ve got one question. On the contractors, do we have a history with the contractor who submitted the lowest bid? Have they done other projects for us? Paul Oehme: Yes they have. They worked on the Laredo project a couple years ago and they’ve, I think they’ve done a couple developments here in town as well so we do have a history with them and their work has been acceptable. Scheduling as well so. Councilman McDonald: And is this project also going to have a time limitations on it as to when you can and cannot work on it? Paul Oehme: Right, exactly. I should have went over that. The City working hours will be maintained for this project which is from 7:00 in the morning to 6:00 at night during the weekday and then if the contractor so chooses he may work on Saturday from 9:00 to 5:00. If outside of those working hours they would have to get written approval by the City to work outside those hours. Councilman McDonald: Okay, and if there is any work that takes place outside those hours the hotline would be used to basically stop it? Paul Oehme: Yeah, they could do that. They also will have the cell phone of the inspector, resident inspector on site and he typically would be able to work with the property owners and make sure that that work is stopped immediately. There’s also recourse, they could call the sheriff as well too. Councilman McDonald: Okay. No more questions, thank you. Mayor Furlong: Thank you. Other questions for, Mr. Litsey. Councilman Litsey: Just a quick comment maybe. 20% under is pretty favorable. Obviously the bidding environment’s pretty competitive so then so good job on that. I was just curious why the one bid came in so high or you don’t, they just didn’t want the project? Paul Oehme: Well actually that one, that was, I worked through the City Attorney’s office on that one. They had a big screw up on their bid and they unfortunately they really messed it up so. Councilman Litsey: Okay. Well that says it all, thank you. Mayor Furlong: Other questions Councilwoman Ernst? 7 Chanhassen City Council - May 24, 2010 Councilwoman Ernst: So when we invited these contractors to bid on this, this was an RFP right? Like a Request for Proposal or is this? Paul Oehme: Typically we advertise in the local paper for several weeks and then we also advertise in construction bulletins and magazines where contractors typically look for projects of this nature so we don’t send out formal requests for proposals from contractors for this type of work. We just advertise projects out and they respond back if they’re interested in bidding on the project. Councilwoman Ernst: And these are the only contractors that were interested in bidding on this project? Paul Oehme: Well we had over 30 plan holders on the project and some contractors looked at it and didn’t feel that they were maybe qualified or set up to do the project in the timeframe, with the specifications that we have. You know other contractors I know bid on the project that were subs to the prime contractor so yeah, that’s typically how it plays out on that. Councilwoman Ernst: I’m just surprised that there weren’t more. Paul Oehme: Yeah, and we did, if you remember back for the Erie project we did have 14 contractors bid that project and the low, most responsible contractor that got that contract was a utility contractor or sewer and water contractor that lays pipe. So this project is more specific for our, it’s more a dirt work project. There’s a lot of material that has to be moved around. Scrapers and dozers and those type of things instead of putting in a lot of pipe so those, the grading contractors are the ones that bid on this project more heavily than the utility contractors and there’s less of those in the market today than say the utility contractors. The Erie project, it could have went both ways and there’s a lot of dirt work in that project plus a lot of pipe so there’s more interest in the utility contractors to get on that project than there was on this one. Councilwoman Ernst: Okay. Thank you. Mayor Furlong: Other questions? Mr. Oehme with regard to the schedule. Beginning construction work in mid June and completing it in August. Because of the nature of the road and the neighborhoods along there, school and bus routes obviously are not going to be affected because it’s during the summer months. The key there though is finishing on time and I guess what, what plans are in place, what assurances if any can we have that they will be able to complete it before the school year opens again? Paul Oehme: Yeah, I mean there’s so many factors that… Mayor Furlong: Understand. Paul Oehme: Weather conditions and a small utility contractor’s moving the utilities but we you know provide every opportunity for the contractor to move the project along as quickly as we can within our parameters though obviously so I mean, I mean there’s no guarantee that it will get done but I mean if we, if push comes to shove and we have to open that road, we’ll probably 8 Chanhassen City Council - May 24, 2010 temporarily open it up to get at least bus traffic through there and at least get the bus routes going again in September but we fully intend to have the project opened up and completed to through traffic by August. What’s helping us here is that we’re, we can shut down that whole section of roadway and not build it under traffic unlike some other sections of road have to be so there’s limited access to this area. There’s not as many driveways off the road so there’s not as many driveways to maintain and get access to. We just have to work through some roadways in that area so. Mayor Furlong: But the key too is, even though you’re shutting it down I can see the advantages there in terms of completing the construction activities more quickly. There are a number of homes that directly access this, and some neighborhoods that exclusively access this road. Paul Oehme: Absolutely. Mayor Furlong: They will always have access. Paul Oehme: Yep. They will always have access. Luckily there’s two access points from Valley Ridge Trail North and Valley Ridge Trail South. You know during the construction, one of those accesses potentially will have to be shut down at one time to open up that section of roadway so the contractor has a lot of room to work in that area so it’s, (a) it’s better. It’s safer and (b), it’s more efficient to do it that way. Mayor Furlong: With this contractor following up on Councilman McDonald’s question that, has done work for us before. You said their work has been acceptable. Have they been able to complete the projects timely? Paul Oehme: You know we did run into some delays over on the Laredo project a little bit. That one didn’t finish up as well as we thought it should have but there was a bunch of conflicts there that delayed that project. I feel more comfortable with this schedule moving forward because there’s not as many utilities and more infrastructure and basically roadways to deal with. Mayor Furlong: So less potential for surprises? Paul Oehme: Yes. Mayor Furlong: In this project. Paul Oehme: Definitely. Mayor Furlong: And I guess all I would ask is if the council decides to move forward tonight, that we do everything we can in May and June to avoid delays in August. Paul Oehme: Yep, absolutely. Mayor Furlong: Especially because I’ve been involved with the bus routes can cause a lot of problems when schools open up so appreciate your attention to that. 9 Chanhassen City Council - May 24, 2010 Todd Gerhardt: Mayor whatever you can do to guarantee good weather like you did for Memorial Day. Mayor Furlong: I will get right on top of that, yeah. Absolutely. With that are there any other questions at this time for staff? If not we’ll go ahead and open up the public hearing regarding the assessments and again as was mentioned by Mr. Oehme, the property owners who are subject to assessments should be reminded that if they wish they must file a written objection with the City prior to or during the actual project hearing which is coming up right now. Objections received after our public hearing is closed will be considered invalid. Mr. Knutson, if someone is interested in doing that, what steps would they need to take? And what would be the purpose of filing that objection? Roger Knutson: If they want to file an objection, it should be in writing. It should have their name, today’s date on it, description of their property, their street address and the nature of their objection. The purpose of that formal objection is a precursor to going to District Court to challenge the assessment. For most cases anyway, unless you file that objection you can’t go to District Court successful. Mayor Furlong: Thank you. With that let’s go ahead and open up the public hearing and invite all interested parties, property owners to come forward and address the council on their proposed assessments. Is there anybody that would like to address the council this evening? Anybody that would like to address? If not, seeing nobody, is there a motion to close the public hearing? Councilman McDonald moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Mayor Furlong: Let’s bring it back to council then for discussion on the proposed motions before us this evening. Thoughts and comments. Councilman McDonald? Councilman McDonald: I’ll start. Well I just want to thank you for putting forth the effort Mr. Oehme on this whole thing. I know it’s been a rather difficult, all of these projects are but the feedback I’ve gotten, the comments is that you know we have been responsive to the questions and I do appreciate that. It looks as though you got another good bid for a project and you should wind up with a really good road at a very good price. The trail improvements will again help within that part of the city so I’m all in favor of moving forward with the project and I’m satisfied that you know you’ve done all of your due diligence and answered everyone’s questions and again the questions I had asked you earlier kind of deal with some of the history we’ve learned on these projects. I’m glad to see you’ve got a person in place so that if there are problems people know who to call so thanks very much. Mayor Furlong: Thank you. Other thoughts and comments? Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah, you know I think as a council one of our goals and objectives is to always make sure we’re improving our infrastructure in town and we are keeping our streets 10 Chanhassen City Council - May 24, 2010 up to what they should be and I think this is a project that is worthy of doing that and so I’m pleased that the bids came in again so low this year. Or lower than we anticipated and I think that as Councilman McDonald said, sometimes these things are not easy to do but it’s something I think that’s certainly worthwhile doing and I think when it’s done we’ll all appreciate an improved road and trail along that road for safety. For the neighbors trying to use those roads. Mayor Furlong: Thank you. Councilwoman Ernst, any thoughts? Comments? Councilwoman Ernst: Really the only comment I have to make is really as long as we have to do these projects I think probably now is the best time to do them just based on how the costs are coming in. I mean we continue to get pretty low bids. As low as we can possibly go on them so, very competitive I should say. Mayor Furlong: Okay, very good. Mr. Litsey. Councilman Litsey: Pretty much what’s already been said. When I came back, or left the Red Bird’s baseball game last night after they were victorious, went up the road. It just reaffirmed once again. I’ve been down it a few times now, that the project needs to be done and I appreciate Mr. Oehme and staff just doing, again an outstanding job of working with residents trying to address concerns. Keeping costs down. I hear time and time again and it makes me proud as a council member how well residents are received by staff in terms of comments back that you know you try your best to work with them. You can’t solve every problem. You’re not going to appease everybody but you really, the staff in Chanhassen really does go out of their way to try to you know help people out where they can and so I think this is a good example of that again so thank you for your efforts. Mayor Furlong: Okay, very good. Thank you. I appreciate the comments. When any earlier this year when we had the public hearing with regard to whether or not we should move the project forward, there were a lot of ideas shared and thoughts on first of all was the project needed. I would concur with Councilman Litsey, it’s needed and I think everybody agreed at that time that this road needs to be done. Some could say it’s needed to be done for a while. The timing is such, as I’ve explained to others that since this was a major route for construction traffic with the 212 corridor as well as the high school, the timing was such to wait until after those projects were completed so that we didn’t build a new road and have trucks, more trucks running up and down tearing it up, so we get our best value for the money that we’re putting into it. But improving safety along this corridor I think is a primary reason that the scope of the project is what it is. Improving mobility as well. Building safe roads that are going to last, serve our residents, businesses but also going to last for as long as possible is what we’ve tried to do so I appreciate everybody’s efforts and I want to thank staff as well, and all the residents that were involved in the process. My observation is it was an open process and it was a fair process. I think the goal is to listen and I think that was brought up and I think that was done on all parties and that’s important. We may not always agree on everything all the time or all the details but I think we can all agree it needs to be done. I think we can agree that from a cost standpoint, when the original thought was to, the original estimates were significantly higher than where they’re coming in right now and so it’s, it’s tough sometimes when it’s going a direction you don’t want it to go but I think all in all this is, this will be the way to go. So with that I’d be happy to hear a 11 Chanhassen City Council - May 24, 2010 motion. The one item that was just pointed out to me by the City Attorney, there is a typo in the resolution regarding the adopting the assessment roll and that’s in paragraph 2. Second line from the bottom of that paragraph it begins to read December 31, 2010. That should read December 31, 2011. So if somebody’s going to make that motion we’d want to make that as amended to 2011. Any questions on that? With that is there a, would somebody like to make a motion? We have I think 3 in front of us this evening and without objection we can certainly consider those as a single motion. Councilman McDonald: Okay. I’ll do it. Mayor Furlong: Mr. McDonald. Councilman McDonald: Now before I do this, the correction’s not within the proposed motion language, right? Mayor Furlong: That’s correct. It is the second paragraph under Be It Resolved for the second motion. It’s the adoption of the assessment roll resolution. Councilman McDonald: Okay. Then I’ll go ahead and make the motions. I’ll just do all three of them at once. Mayor Furlong: Okay. Councilman McDonald: Okay. I would propose that City Council accepts the bids and awards the contract for City Project 10-02, Audubon Road Reconstruction Project to S.M. Hentges and Sons in the amount of $1,640,075.33. Next motion, recommend that the City Council adopts the assessment roll for City Project 10-02, Audubon Road Reconstruction Project. Next motion, is that the City Council accepts a quote from Hansen Thorp Pellinen Olson, Incorporated (HTPO) in the amount of $32,900 for construction staking and a quote from American Engineering Testing Inc in the amount of $11,980 for material testing. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motions? Hearing none, without objection we’ll proceed to the vote. Resolution #2010-49: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council accepts the bids and awards the contract for City Project 10-02, Audubon Road Reconstruction Project to S.M. Hentges & Sons in the amount of $1,640,075.33. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2010-50: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts the assessment roll for City Project 10-02, Audubon Road Reconstruction Project as amended to change the date of December 31, 2010 to December 12 Chanhassen City Council - May 24, 2010 31, 2011 in paragraph 2 of the resolution. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2010-51: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council accepts the quote from Hansen Thorp Pellinen Olson, Inc. (HTPO) in the amount of $32,900.00 for construction staking and a quote from American Engineering Testing, Inc. in the amount of $11,980.00 for material testing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: LAKESIDE FOURTH ADDITION: A. VACATION OF DRAINAGE AND UTILITY EASEMENTS. B. FINAL PLAT APPROVAL. C. APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS AND DEVELOPMENT CONTRACT. Paul Oehme: Thank you Mayor, City Council members. The item before you, we’re asking that a public hearing be opened for the vacation of the drainage and utility easements for the Lakeside Third Addition. Planning Case #10-06. Lakeside Addition is shown on the drawing here. It’s just north of Lake Riley. The easements, the developer is proposing to develop the parcels here that are, I think they’re outlots and develop into homes and this area is proposed to be replatted at this time to facilitate the redesign of the development. The easements in question are shown here shaded along the perimeter of the two outlots. New drainage and utility easements will be dedicated with the Lakeside Fourth Addition plat. There are existing private utilities within some of these easements but the new plat will dedicate easements over those utilities. So at this time after any questions I’d request that a public hearing be opened for this item. Mayor Furlong: Okay, thank you and the public hearing relates to the vacation of easements. Paul Oehme: Vacation, right. Mayor Furlong: Okay. And the motion in front of us would be that the new easements would be placed contemporaneous with the vacation of easements is that correct? Paul Oehme: That’s correct. Mayor Furlong: Okay, thank you. Any other questions for staff before we open up the public hearing? If not we’ll go ahead and open the public hearing and invite all interested parties to come forward and address the council on this matter. No? Seeing none, without objection then we’ll close the public hearing and bring it back to staff for additional discussion. Do you want to go forward with the others and take these all as a single? Kate Aanenson: Yes. Mayor Furlong: Okay. Alright. Next item would be the final plat. 13 Chanhassen City Council - May 24, 2010 Paul Oehme: Final plat, yep. The council has approved the preliminary plat at this time. Kate Aanenson: Yeah, sure I can. There’s 22 lots with the preliminary plat. At the final plat then we’re executing the conditions that were imposed with that. Included with the final plat is the, then the development contract and the construction plans so there was one issue that was brought up at the time of the preliminary plat. That was regarding the retaining wall. We did spend some additional time on that and that is pointed out in the staff report. We did speak to the property owner that did have a concern about that so we believe that issue has been addressed so with that we’re recommending approval. Mayor Furlong: Okay, thank you. Any questions for staff regarding the final plat? Or any changes between the preliminary plat and this final plat. Okay. Seeing none, any questions regarding the construction plans, specifications or the development contract for staff? Is there any report that you want to make on that separately or? Okay. Alright, that was included in our packet. Very good then. We’ll bring it to council. Any thoughts or discussions? I think it’s fairly straight forward given the process. One of the primary reasons it’s on our agenda at this time is because of the public hearing that was required for the vacation. Otherwise it likely would have gone through our consent because of the lack or minor changes so if there’s no discussion would somebody like to make a motion? Councilman Litsey: Sure I’ll make a motion. Mayor Furlong: Councilman Litsey. Councilman Litsey: I can do all three of these together then? Mayor Furlong: Yeah. Councilman Litsey: Okay. Make a motion that the City Council vacate the drainage and utility easements in Outlot B Lakeside and Outlot E Lakeside Third Addition as shown on the attached survey prepared by Pioneer Engineering. That the City Council approves the final plat for Lakeside Fourth Addition subject to the conditions in the staff dated May 24, 2010. And that, recommend the approval to approve the development contract and construction plans and specifications Lakeside Fourth Addition contingent upon the following. Number 1, the applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $245,630 and pay a cash fee of $195,024.11. And the second one would be the applicant’s engineer shall work with the City staff in revising the construction plans to meet city standards. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on those motions? Or that single motion, excuse me. Hearing none we’ll proceed with the vote. 14 Chanhassen City Council - May 24, 2010 Resolution #2010-52: Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the vacation of the drainage and utility easements in Outlot B Lakeside and Outlot E Lakeside Third Addition as shown on the attached survey prepared by Pioneer Engineering. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approves the final plat for Lakeside Fourth Addition, creating 22 lots and 4 outlots with a variance to permit a 20-foot wide private street to access Block 3, subject to the following conditions: 1.Access easement and maintenance agreement shall be recorded over the private street. 2.Payment of Park Dedication Fees totaling $110,000 ($5,000/Unit) in lieu of parkland dedication shall be collected for the 22 residential twin homes being requested for Outlots B & E at the time of final plat recording. 3.The applicant shall provide 8 shrubs along the south property line of Outlot C; at least 3 overstory, 7 understory and 7 shrubs along the east property line of Outlot B or landscaping consistent with the existing buffer to the north. 4.A revised landscape plan that meets minimum requirements must be submitted to the city before the City will issue an authorization for construction. 5.Landscaping security shall be provided for all development landscaping. 6.Fire Marshal conditions: a.Water mains and fire hydrants shall be installed and made serviceable prior to combustible construction (2007 MSFC Sec. 501.4). b.Fire Department access roads shall be installed prior to combustible construction to support the loads of fire apparatus (2007 MSFC Sec. 503.1.1). c.A three-foot clear space shall be maintained around fire hydrants (2007 MSFC Sec. 508.5.4). d.Temporary street signs shall be installed as soon as construction begins. Signs shall be of an approved size, weather resistant, and maintained until replaced by permanent sign (2007 MSFC Sec. 505.2). e.“No Parking Fire Lane” signs shall be installed. Contact Chanhassen Fire Marshal for spec sheets regarding sign design and specific locations of signs (MSFC Sec. 503.3). 7.City Engineer Conditions: 15 Chanhassen City Council - May 24, 2010 a.An easement is required from the appropriate property owner for any off-site grading. 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. b.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. c.All utilities within this site shall be privately owned and maintained; however, they must be constructed to the City’s minimum requirements, including pipe diameter and slope, installation of manholes at bends and the ends of sanitary sewer runs, and installation of a hydrant at the dead end of watermain. d.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. e.Each new lot is subject to the sanitary sewer and water hookup charges. The 2010 trunk hookup charge is $2,026 for sanitary sewer and $5,393 for watermain. A portion of the trunk hookup fees will be collected with the final plat; the remainder must be paid with the building permit, which may be specially assessed against the parcel at the time of building permit issuance. f.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. g.Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County and Watershed District. h.All streets within the development will be privately owned and maintained. i.The developer must submit written verification that the private streets meet a 7-ton design. j.This development is adjacent to Lyman Boulevard, therefore the Collector Roadway Traffic fee of $4,574.40 must be paid with the final plat. k.Construction access shall be limited to Lake Riley Drive at Lyman Boulevard. l.The developer’s engineer must work with the engineering staff to ensure that the drainage pattern works around Lot 10, Block 1. m.The construction plans must include a profile of the watermain from the existing stub within Lake Riley Drive to the tee in front of Lot 2, Block 3. n.Final plat approval is contingent on approval and filing of the vacation of the underlying drainage and utility easements. 16 Chanhassen City Council - May 24, 2010 8.Water Resources Conditions: a.The beehive structures shall not be ditch grates and shall be provided inlet protection until final stabilization is achieved. b.The SWMP fee for Lakeside Fourth Addition is $28,378.11 which shall be paid at the time of final plat recording. c.All catch basins and catch basin manholes will require inlet protection until final stabilization is achieved. d.As a condition of final release of escrow, all silt fence must be removed from the site when final stabilization is achieved. e.The type 1 mulch must meet MNDOT specifications for type 1 mulch. f.NPDES Permit must be transferred to Ron Clark Construction and Design prior to any earth disturbing activities. g.All conditions of the NPDES Construction Permit must be met. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the development contract and construction plans and specifications for Lakeside Fourth Addition, conditioned upon the following: 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $245,630 and pay a cash fee of $195,024.11. 2. The applicant’s engineer shall work with City staff in revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: Any council presentations anyone? Anybody do anything yesterday afternoon? Councilman McDonald: Well just, it was fun yesterday to watch you teach us how to throw a baseball. Mayor Furlong: How you weren’t watching too closely. Councilman McDonald: No, that was really good and I’m glad all the rest the council came out there. It was a good turn out and the Red Birds didn’t let us down so that’s good. 17 Chanhassen City Council - May 24, 2010 Mayor Furlong: It was a fun afternoon. I think everybody had a good time. Councilwoman Ernst: Do you know when they’re going to be getting more season tickets? Mayor Furlong: I know they sold out of season tickets yesterday. They started taking a waiting list and they’ll have some more printed up and they’ll be getting those out to people. Todd, Mr. Hoffman, any other thoughts on yesterday afternoon? Todd Hoffman: Great afternoon. Thanks to the council for coming out and supporting the Red Birds. They really appreciated it. I heard a lot of comments that it was a great way to start the th game and start their season and obviously the win didn’t hurt at the end there in the 8 inning so thanks for all your support. Mayor Furlong: Thank you. Any other council presentations at this time? Councilman Litsey. Councilman Litsey: I was just going to echo the same thing. Not to keep on with this but it was fun to finally be able to sit outside and watch a town team for Chanhassen. That was a while in coming and I you know thank staff and council too for all their support in making that happen. It’s a neat deal and yeah they won so that’s good too. And as usual Mayor Furlong does a very good job representing us and made some nice comments so thank you for doing that. Mayor Furlong: You’re welcome. I think those are easy comments to make. In large part because there’s a group of 4 specifically that really took the lead on this and while we can set the tables, they really cook the meal and laid it out there for everybody and it’s Terre Kemble and Elise Ryan and Bud Walker and Ken Strand and they did a great job. I saw a couple hugs among them after the game yesterday so they were, and they were already planning their next meeting and they’re going to have their meeting in the car as they drive to the next Red Birds game which is an away game so they’re involved and if anybody is looking for great family entertainment here in town, that’s it. Councilwoman Ernst: And I think we still need to give kudos to our announcer who did an awesome job. Mayor Furlong: Yes, Denny Laufenburger. Member of our Planning Commission. He did a great job. Councilwoman Tjornhom: I think it’s so important to acknowledge the original Red Birds yesterday too. They really had some arms. I was very impressed by those guys. How they went up there and you could see the sparkle in their eye as they were throwing the ball so it was really good to hear even some of those old names in town that you maybe drive by the streets and there’s a Kerber you know and so it was fun to hear those old town names and see what they started actually and now what’s started again. It’s an exciting time for the Red Birds and the old birds. 18 Chanhassen City Council - May 24, 2010 Mayor Furlong: Any other thoughts or comments or council presentations I should say? Okay, Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Want to thank both Todd and Paul and their staff for putting on the open house for the new public works this last Saturday from 9:00 to 11:00. We had about 40 families show up and we gave tours. Staff did a great job. The guys were excited to give tours and explain each of their responsibilities so it was fun. I can tell you the pervious pavement worked in the middle of the open house. It handled that downpour we had and it’s interesting to see the rest of the blacktop shed the rain and that portion absorbed it so it was working on Saturday. And I just want to thank the Mayor also, he did an excellent job this morning. We met with probably 40 or 50 seniors and gave the State of the City to the senior group and the Senior Center and well attended and very appreciative and they extended their appreciation to both the Mayor and City Council and staff for having the Senior Center and for having Sue Bill coordinate the activities. Senior Commission and Sharmeen and Kate providing staff support for long range planning for the facility and very appreciative and read a statement expressing that. So I wanted to extend that to the rest of the council so other than that pretty quiet. Councilman Litsey: I understand there were a few hotdogs left over from the open house so you’ll be eating well this week. Todd Gerhardt: Yeah. Not sure where those ended up but somebody’s eating well, yes. Todd Hoffman: The guys had a picnic today. Mayor Furlong: It was interesting to see a couple of the city staff members, either from the parks department and utility department. I think there were a couple from each who brought their families to the new public works building and you could tell they were showing their families what they do and the pride that you could tell that they had in terms of where they work, what they do and just was very nice to see. And the best part was Mike Wegler’s grandson. Todd Gerhardt: Oh yeah. Mayor Furlong: 18 months old maybe. Todd Gerhardt: Yeah, 2 years, yep. Mayor Furlong: Yes. Running from truck to truck. Oh! Oh! It was wonderful. To see little boys around big toys and see big boys around big toys too, it’s everybody was having fun. Todd Gerhardt: It was, that was cute. Just like his dad. Just like his Grampa. Mayor Furlong: Just like his Grampa, that’s right. Todd Gerhardt: He gets very excited about his equipment. 19 Chanhassen City Council - May 24, 2010 Mayor Furlong: So, job well done Mr. Oehme and please extend our thanks and appreciation to everybody that was involved, and Todd too. Any other questions for Mr. Gerhardt or his staff this evening? Okay. CORRESPONDENCE DISCUSSION. None. 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 8:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 20