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CC Minutes 2000 09 25CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2S, 2000 The City Council met in Executive Closed Session at 5:15 p.m. in the Courtyard Conference Room to discuss potential litigation regarding the Frank Fox Condemnation. The following members were present: Mayor Mancino, Council members Jansen, Senn, and Labatt. Councilman Engel was absent. Staff present included Scott Botcher, City Manager; Todd Hoffman, Park & Recreation Director; and Kate Aanenson, Community Development Director. This meeting adjourned at 5:50 p.m. Mayor Mancino called the regular meeting to order at 6:30 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Mancino, Councilman Labatt, Councilwoman Jansen, and Councilman Senn. Councilman Engel arrived after the Consent Agenda. STAFF PRESENT: Scott Botcher, Roger Knutson, Bob Generous, and Bruce DeJong. APPROVAL OF AGENDA: Councilman Labatt moved, Councilwoman Jansen seconded to approve the agenda with the following addition: Under the Consent Agenda, item l(g). Set Public Hearing Date for October 23, 2000 to hear cable TV franchise applicants. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Jansen moved, Councilman Labatt seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: Resolution #2000-67: Award Construction Contract for Crestview Circle Utility and Street Improvements, Project No. 00-05. Request for Temporary Waiver from Section 19-44, Prohibited Discharge into Sanitary Sewer System for Sump Pump Drainage. c. Approval of Sign Monument, West Village Center Phase II. Resolution #2000-68: Adopt Resolution Approving Use of Southwest Regional Light Rail Transit Route as a Snowmobile Trail. e. Approval of Bills. Approval of Minutes: City Council Minutes dated August 28, 2000 and September 11, 2000 Work Session Minutes dated September 11, 2000; September 13, 2000 and September 18, 2000 Receive Commission Minutes: Planning Commission Minutes dated September 5, 2000 Park & Recreation Commission Minutes dated August 22, 2000 City Council Meeting - September 25, 2000 g. Set Public Hearing Date of October 23, 2000 to hear Cable TV Franchise Applicants. All voted in favor and the motion carried unanimously. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT UPDATE: UPDATE FROM SGT. DAVE POTTS, CARVER COUNTY SHERIFF'S DEPT & JOHN WOLFF, FIRE CHIEF. Sgt. Dave Potts: Good evening Mayor, council members. End of the month. We're going to talk about last month. The first couple items, the area call report. Area citation report. Any questions on that? Councilman Labatt: Before I make a comment on that, one clown doing 99 mph in a 55 on Highway 5. Sgt. Dave Potts: What was the question? Scott Botcher: What was he driving? Councilman Labatt: Yeah, I wouldn't even call him a clown. Driving almost 100 mph on Highway 5. Sgt. Dave Potts: We had someone at 126 down on 212 by Cologne recently. A couple officers working... Councilman Labatt: I see that guy was just given a regular speeding ticket so at what point do you charge the guy that fast with reckless? Sgt. Dave Potts: Generally if speed is the only thing they're going, that's what they're going to get. 30 miles or more over the limit is a court anyways so it's a more serious offense but at that high of a speed, probably just cleaning the carburetor out. That's the standard answer. Mayor Mancino: I often wondered if that was true. That works. Okay. Sgt. Dave Potts: Okay, I'll move onto number 3. Just some of the things that I've taken note of over the last month or here in this September even. On the, if you remember back in August I talked about some vandalism that has been occurring near the middle of the month. Nothing significant to report there. We still have some investigative activity going on and some follow up being... That's probably about all I'd prefer to say on it at this point. Update on the Sheriff's speed trailer. As you know that's something that we use county wide and I was doing some work with that here recently so I just took a note. It's been used on 11 different streets in Chanhassen. Some of those 2 or 3 times. It's been repeated. The procedure they started to use is to put it out for 2 or 3 days at a time rather than just a one day shot here and there. So if they put it out on, for instance Lake Lucy Road, they might put it out there for 2 or 3 days in a row before they move it onto the next area. But it's been getting used much more extensively than it has in the past so that's the good thing. We've had a lot of good comments on that. Mayor Mancino: Yes, I've had neighbors call or whatever and say that they notice it and it's helpful. Sgt. Dave Potts: Yeah. It's like a great big sign saying check your speed. City Council Meeting - September 25, 2000 Councilman Labatt: Have you used it on Bluff Creek Drive yet? Sgt. Dave Potts: Yes, it has been there. That's one of the roads that's been on. I don't have a number of times it's been on Bluff Creek. It has been down on that road. I'll probably have something for you next month on where all the different roads are that the traffic counters have been placed and our results has been quite interesting. We're doing some more roads still. But getting some real interesting and helpful results as far as where to steer our efforts and enforcement, that type of thing. I just made a note, we had a couple block parties that our deputies made visits to. Beth and I went and did another Neighborhood Crime Watch on Castle Ridge Court where the burglary had occurred, where the people returned home from vacation and the man was still in the home. A crime alert went out even though we didn't have a crime watch neighborhood there, we did get an alert out around the neighborhood and they decided to go ahead and start a Neighborhood Crime Watch so silver lining that little cloud. On September 4th, a reported burglary which was a rather interesting twist. People came home from vacation and found a lot of things wrong around their home and to make a long story short as possible, the ex-boyfriend of the daughter had requested the daughter leave a door unlocked so that friends could access the home while everybody was gone. The daughter refused to do that but didn't mention the request to mom and dad. Subsequently mom left the door open for some contractor that was doing some work at the home and the kids did stay a few days in the home and did what kids do. Mayor Mancino: So you were able to follow that up? Sgt. Dave Potts: Yep. That's a completed story but it's one example of a reported burglary in Chanhassen that you could really say wasn't your true burglar type situation and just kind of an uncommon or unusual situation. Councilman Senn: Did the contractor ever show up? Sgt. Dave Potts: I don't know that part of the story. I'm assuming the work was probably done. But the neighbors, when officers talked to the neighbors, the neighbors saw activity over there but didn't think, didn't know the people were on vacation so that's something we talk about in our Crime Watch meetings as well. Kind of a serious situation over at, was it Houlihan's? Is that what it's called over there? There was a bar fight which really started out to be nothing. You know people words, led to a couple of blows but one person took a fall hard on the floor and had some very serious injuries so what we might consider a silly little bar fight turned into a very serious probably felony charges will be resulting from that situation. Somebody went to the hospital. Had bleeding on the brain. You know serious consequences that can go along with something like that. Shafer Contracting suffered some damage to construction vehicles. Believe this is unrelated to some of that vandalism I mentioned from last month at the Highway 5 and Galpin area. Some of their construction vehicles were damaged. We had a 1:00 p.m. in the afternoon pursuit where the fleeing suspect would stop and try and speed up in reverse to ram into the deputy's squad. But that story ended very well with nobody being injured. Vehicles not being damaged and the suspect going to jail. On the 16th here we had the first annual Hoffman Memorial Race and public works and I and the CSO's and some posse members all participated in traffic control, which apparently went very well. Nobody got run over so that was a good thing. Also nothing serious occurring over at the skate park but we have had some complaints of you know, some trouble maker type youth over there and so we're trying to just increase our presence and deputies stopping in over there. But that's just a quick run down of things I wanted to share. Any questions or comments? Mayor Mancino: Great, thanks. Any questions? City Council Meeting - September 25, 2000 Councilman Labatt: No. Councilwoman Jansen: No. Mayor Mancino: Thanks Sgt. Potts. Councilwoman Jansen: Thank you. Mayor Mancino: Mr. Anding. Are you guys watching out for the skate park and what's happening there? Scott Anding: All the time. Wondering when we're going to get our next medical. Mayor, members of the council. Thank you for allowing me to be here tonight. I'm just going to give you a brief update of what the fire department has been doing. The year to date calls, we've had 501 fire/medical calls. Fire Prevention Week is the week of the 9th through the 13th with our Open House on the 15th from 1:00 to 4:00 p.m. As you may or may not know, the Chanhassen Fire Department's been being very active in the dive rescue. We have currently 6 members are not open water certified and we will be having 9 members that will be starting advance open water certification on the 17th of October through the end of October. And that is the update that I brought. Scott Botcher: These guys have multiple meetings going on tonight. I know you guys are really busy so appreciate. I begged one of them to come over. Do you mind? You must be low on the totem pole tonight. But no, thank you very much. Scott Anding: From the Chief rank, yes. Scott Botcher: I understand. John and Mark and. Councilman Labatt: What time does open house start? Scott Anding: 1:00. 1:00 to 4:00. I don't know if the Vikings are going to be playing that day. Mayor Mancino: If it is there will be a big screen. Scott Anding: Yes. In the lobby. Scott Botcher: I think October 15th is the first day NCAA Division I basketball teams can start practice. Is that correct Mark? I think that's Midnight Madness. REQUEST TO SUBDIVIDE A 3.4 ACRE PARCEL INTO 5 SINGLE FAMILY LOTS AND TWO OUTLOTS ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED AT 6900 MINNEWASHTA PARKWAY, WHITE OAK ADDITION, COFFMAN DEVELOPMENT SERVICES, INC. Bob Generous: Thank you Madam Mayor, council members. As you stated this is a request for preliminary plat approval to create 5 lots where there's an existing 2 lots. There are 2 existing homes on this site. One of the homes will be removed and the other one, the property owner will remain. Those 2 lots will have lake frontage across Minnewashta Parkway and those would be 2 outlots. As part of the City Council Meeting - September 25, 2000 subdivision the applicant is extending White Oak Lane to the end of this area. It will provide access for this development as well as the future development of the property to the north. Also as part of this subdivision the applicant would be extending the sanitary sewer and water lines down the roadway. Staff is recommending approval of the subdivision subject to the conditions in our staff report. With that I'd be happy to answer any questions. Mayor Mancino: Thank you Bob. Any questions for staff? Scott Botcher: I just have one dumb question and I may have forgotten it. Who's going to own Outlot A and B? The subdivider? They'll retain ownership or. Bob Generous: They would be attached to the corresponding lots across Minnewashta Parkway. That's one of the conditions in there. Scott Botcher: Fair enough, thank you. Mayor Mancino: Thank you. Alright, is the applicant here and would you like to address the council please? Bill Coffman: Ah yes Mayor Mancino, members of the council. My name is Bill Coffman of Coffman Development. With me tonight I have the landowners, Larry and Nancy Wenzel. Also Dave Headla who is the land owner to the north and Kara Otto with Otto and Associates, our consulting engineers. Basically we're in concurrence with staff's recommendation for the approval and would be available to respond to any of your questions. We concur with all of their conditions. Mayor Mancino: Okay. Council members, any questions for Mr. Coffman? Councilman Labatt: I've got one question .... dockage on just the two lots, Outlot A and B? Bill Coffman: That's correct. For those two home sites. Councilman Labatt: So really it'd just be 2 additional, up to 2 docks. Bill Coffman: That's correct. Mayor Mancino: Okay. Any other questions? Thank you. Bill Coffman: Thank you. Mayor Mancino: Anyone here tonight wishing to address the council on this? Everybody's fine? Good. I'll bring it back to council. Any questions? Any discussion? Councilman Senn: Move approval. Councilwoman Jansen: I do have one question. And I guess it's going to end up being a staff question. On this trail connector. The neighbors noted that it was indicated on the original plat for the original development. Is that the case, do you know? If it was actually on the, and I'm assuming they're referring to where their homes are located. Would we have indicated a trail connector? City Council Meeting - September 25, 2000 Bob Generous: Oak Ridge Addition. Mayor Mancino: I talked to Mr. Hoffman about that, maybe a week ago or so, and this goes back quite a few years. It was originally on there and then when it went in front of the Park and Recreation Commission it was taken off quite a few years ago too, so when it got to the Planning Commission it was never on there. So at one point it was on and then it was taken off. Councilwoman Jansen: So back when these petitioning homeowners would have been purchasing their homes, even then it was off. Mayor Mancino: Off, yes. Councilwoman Jansen: Okay, thank you for getting that clarified. Mayor Mancino: And I would think Mr. Hoffman could be much more specific and tell you the dates and everything but it was originally on and then it was taken off. And I can't even, I have no idea why it was taken off. I just remember that it had come, when I was on the Planning Commission, it came without a trail connection there so, you know I can't remember. But we kind of went over there too. Councilwoman Jansen: It just seems to make some sense versus having them having to go all the way down to the south and around to get into the park. So I was interested to see that they thought the rationale.., and then to have it pulled off. Mayor Mancino: Yeah. Councilwoman Jansen: Okay. Mayor Mancino: So. And again, I don't know the rationale for why it was taken off at that time but it was. Councilwoman Jansen: Okay. I guess I thought that the residents probably wouldn't have come into the Planning Commission in order to address that and so I did inquire with the resident who had circulated the petition as to why not and he apparently was of the impression, having worked with Mr. Hoffman, that it wasn't going to come to happen. So I get the sense that they would still like the trail connector. They're not wanting to cause too much hardship on the development and on the property owners, but I almost had the impression that there might have been something of a compromise position that we might have been able to work with to get maybe a smaller connector inbetween a couple of these lots. And if it was an assumption on their parts when they bought the homes, if it had been on the original plans, then it would seem like something we should be maybe pursuing. Mayor Mancino: I think before anybody moved in, you know when the preliminary plat came in, I mean that whole area, it was originally on and then it was taken off before somebody even moved in. Okay. So it wouldn't have been the neighbors at that point coming in wanting it. I mean this again goes back quite a few years. And I again can't tell you why because it would just have been the developer bringing it in because there's nobody lived there. At the time, and I can't tell you why it was taken off. Because there weren't any neighbors there at the time. City Council Meeting - September 25, 2000 Councilwoman Jansen: Okay. It's the only part of the proposal. I mean it obviously seems like a wonderful plan as far as how the homes are being positioned and the cul-de-sac being able to be worked out on behalf of the neighbors but I'm a little uncomfortable with not having that connector in there. But if it was already out of the original plans, and parks and rec didn't put it back in, I guess I'm not feeling as ifI would hold this up over it but it does seem like it's one of those missing links in the system. Mayor Mancino: I understand. Okay. Then may I have a motion please. Councilman Senn: Already do, move approval. Mayor Mancino: And is there a second? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to approve preliminary plat for Subdivision #2000-9, White Oak Addition, creating five lots and two outlots, plans prepared by Otto Associates, dated 6/30/00, stamped received 8/15/00, subject to the following conditions: The two outlots must be combined with the corresponding lots across Minnewashta Parkway. They shall not be considered as separate parcels for development purposes. These outlots may not be used as an association beachlot. 2. The front yard setback for Lot 1, Block 1 shall be at the point where the lot width is 100 feet. Demolition permits must be obtained from the Inspections Division before demolishing any structures on the property. A final grading plan and soil report must be submitted to the Inspections Division before building permits will be issued. A 10 foot clear space must be maintained around the fire hydrant, i.e. street lamps, trees, shrubs, bushes, NSP, US West, Cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9- 1. If any trees or shrubs are to be removed, they must be either chipped or hauled off site due to close proximity of neighboring homes. No burning permits will be issued. Additional premise identification numbers will be required for Lot 1. Because it set off of the cul- de-sac, numbers will not be visible from the edge of White Oak Lane, thereby requiring additional numbers and/or signage at the driveway entrance. Submit plans to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. Plans for additional address numbers must be submitted prior to any building permits being issued. Pursuant to Chanhassen Fire Department/ Fire Prevention Division Policy #29-1992. Regarding the existing house within the White Oak Lane right-of-way, if the house is to be removed, please contact Fire Inspector Greg Hayes for the possibility of fire training prior to demolition. City Council Meeting - September 25, 2000 The proposed residential development of 3.07 net developable acres is responsible for a water quality connection charge of $2,456. IF the applicant demonstrates that ponding provided on site meets the City's water quality goals, all or a portion of this fee may be waived. The applicant is also responsible for a water quantity fee of $6,078.60. These fees are payable to the City at the time of final plat recording. 10. Applicant shall submit a landscape plan to the city before final approval of the development. Included in the plan shall be reforestation and buffer yard plantings. 11. The 15 trees required for reforestation shall be distributed to Lots 1 and 3 through 5 as follows: Lots 1, 3, 4 - 3 trees required, Lot 5 - 4 trees required. Trees shall be deciduous and 2 ½ inch diameter. 12. The developer shall pay full park and trail fees for the four additional lots pursuant to city ordinance. 13. If the exporting or importing of earthwork material is required, the developer shall supply staff with a haul route and traffic control plan for review and approval. 14. The appropriate drainage and utility easements shall be dedicated to the City on the final plat for all utilities lying outside the right-of-way. The minimum easement width shall be 20 feet wide. 15. The applicant shall dedicate the necessary street right-of-way on the final plat to provide a 60 foot wide strip of right-of-way centered upon the existing Minnewashta Parkway street alignment, a 60 foot wide street right-of-way for White Oak Lane up to the cul-de-sac, and the portion of the cul- de-sac with a 60 foot radius located in the White Oak Addition as shown on the plans dated June 20, 2000 with the understanding that the property owner to the north will be responsible for completing the cul-de-sac in the future when the property subdivides. This would include removal of the existing home within the cul-de-sac right-of-way when the property (Headla) subdivides. 16. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval in conjunction with final plat submittal. 17. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 18. The developer shall construct White Oak Lane in accordance with the City's urban street standards. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted three weeks prior to final plat consideration for staff review and City Council approval. 19. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year storm events and provide ponding calculations for storm water quality/quantity ponds in accordance with City Council Meeting - September 25, 2000 the City's Surface Water Management Plan for the City Engineer to review and approve. The plan review shall account for present and future drainage from the parcel to the north (Headla) as well. The applicant shall provide detailed pre-developed and post-developed storm water calculations for 100 year storm events and normal water level and high water level calculations in existing basins, created basins, and/or creeks. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. 20. The applicant shall enter into a Development Contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 21. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Watershed District, Environmental Service Commission, Health Department and Minnesota Pollution Control Agency. 22. The existing gravel driveway to the house on Lot 1 shall be removed and restored with vegetation. In addition, the driveway apron to Lot 1 from Minnewashta Parkway will need to be removed and restored with B-618 concrete curb and gutter. All lots except Lot 2, Block 1 shall access the internal street system and not Minnewashta Parkway. 23. The developer will also be required to install drain tile behind the curbs in White Oak Lane to convey household sump pump discharge and address subsurface drainage in the street. 24. The sewer and water lines to the existing home located within the proposed street will need to be disconnected in accordance with City requirements. 25. The plans shall provide an emergence overflow swale along the west line of Lot 5. All voted in favor and the motion carried unanimously. ADMINISTRATIVE PRESENTATIONS: LIBRARY DESIGN PROFESSIONAL UPDATE. Scott Botcher: This will be really short. Melissa and I spoke today. We're in the process of gathering scope of services and other documentation that other library folks had used to build libraries. We've got one set of examples now. We should have another one coming in and our goal is to have it before you two weeks from today so you can consider it and approve it or change it or whatever. But as I said the other night, I said there was a chance it might just be too much to get done too fast and Melissa and I have talked about it but we just haven't gotten it pulled together so. Mayor Mancino: So you'll have you know an RFP put together. Scott Botcher: That's our goal, yep. To hand it to you and we're going to try to keep it, I guess as broad as possible. I like the idea of having the proposers recommend, give us their thoughts on the process. I mean I think that was a good, who's ever idea that was, it was a good idea. And we just need to come up with a way to incorporate all the things we need to incorporate and be able to commit that process to writing. Which as I think about it is a difficult chore. How do you write down, tell us what you think and we might choose it. But that's really sort of what you're saying and. City Council Meeting - September 25, 2000 Mayor Mancino: Well and again, we kind of said that when we had done the search process for city manager, etc. We wanted to know their process and how they were going to do it. Scott Botcher: But that's where we are. Obviously we've had, or I've had a number of calls from contractors, engineers, architects, brick salesmen, anybody you can imagine has called and I've just sort of said listen, if you want to send me your business card or an e-mail, I'll put it in the file and save it but right now you're extremely premature. Mayor Mancino: Do you have any idea how many, through Melissa, how many RFP's we'll be sending out? Scott Botcher: No, I don't. How's that? I mean we sort of have our list but we haven't talked and said how many do you have? How many do you have but, I imagine notwithstanding the mailings that we'll make, it's in our interest to at least probably publicly make some expression of interest. In other words a solicitation so we're not, we need to perform some sort of self selection process and if we're going to go through an RFP or an RFQ, which I guess for the professional services you really do, you'd want to advertise it. I mean you want to see what the market would bear and especially if you're going to ask for input on the process. I mean somebody out there may have an idea that none of us have thought of. So, that's where we are. Mayor Mancino: Any other questions? Great. Thank you very much. Mayor Mancino adjourned the City Council meeting at 6:55 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim 10