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CC 2011 07 11 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 11, 2011 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, Councilwoman Ernst, Councilman Laufenburger, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Jim Theis 6400 Chanhassen Road Steve Jenks 7490 Chanhassen Road Bob Ayotte 6231 Cascade Pass Chad Larson Kimley-Horn and Associates Mayor Furlong: Thank you and welcome everyone. Those here in the council chambers and those watching at home. We’re glad that you joined us this evening. At this time I would ask members of council if there are any changes or modifications to the agenda. If not, without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Tjornhom 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 June 27, 2011 -City Council Verbatim and Summary Minutes dated June 27, 2011 Review Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 21, 2011 Resolution#2011-43: b. Approve Quote for Repainting of Downtown Water Tower. Resolution#2011-44: c. Lyman Boulevard Improvements, Phase I, Project 06-03: Approve Resolution for Advancement of Municipal State Aid Funds. d. TH 101 from Lyman Boulevard to Pioneer Street Reconstruction: Resolution#2011-45: 1) Approve Resolution Accepting Ea/EAW and Call for Public Hearing. Chanhassen City Council - July 11, 2011 Resolution#2011-46: 2) Approve Resolution for Cooperative Agreement Grant Application (Intersection of Pioneer Trail and TH 101). e. Approval of Temporary On-Sale Intoxicating Liquor License, Harvest Festival, August 20 & 21, St. Hubert Catholic Community. f. Boulder Cove Subdivision: Approve Time Extension to File Development Contract and Final Plan Mylars, Cottage Homesteads at Boulder Cove, LLC. g. Approve Amendment to Chapter 7 of City Code Concerning Electrical Regulations (as amended by staff); Including Approval of Summary Ordinance for Publication Purposes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Bob Ayotte: Good evening Mayor, council. My name is Bob Ayotte. I live at 6213 Cascade Pass in Chanhassen and I’m not going to presume that you all do not know issues associated with the zebra mussel issue but I do want to make it a matter of public record as a resident. That was planned. Anyways, so I just wanted to make these points as a matter of public record. I’m certain that you already have it in your rucksack anyways but if I make it a matter of public record, then we can force the talking points down the road. I had a, I was listening to, I was going to say I had a conversation with Senator Ortman. That wasn’t true. I was listening to Senator Ortman. She made a very key point with regard to the city of Chanhassen, that it’s a center of influence and you can take away with that what you will. For me the center of influence is that it’s got a lot of lakes and these lakes are pristine and we need to protect them. The second point I want to make is that when you thought about running for city council you could not find a good reason to do it because it’s a hell of a job and no one thanks you so from that standpoint the only reason why you do it is because if good people don’t do it, bad people will so that’s the second point I want to bring up before I go into the specifics. With regard to, because you are going to get a lot of frontal attacks on this business I’m certain but when you do consider it I would ask to make these considerations a part of your discussion, and I’ll put the first one public safety. Whatever ordinance you do decide to adopt, if you do decide to adopt it, that it’s enforceable. So often we’ll have an ordinance on the books, which is silly because you cannot really control it. Secondly, that there has to be repercussions associated with not following an ordinance and that the deterrents associated with it must be severe. So if you do go along that path, along that trail of bringing an ordinance, make sure that happens. I’ve had discussions with a few folks and to a point, if you do introduce an ordinance you can bet that there will be somebody who will contradict that ordinance. Go around that ordinance and defy that ordinance and do things that might even be worst than if we didn’t have the ordinance. Sabotage as an example. So don’t think that it will not happen because it has happened in other areas so please make that note known when you have that discussion amongst yourselves. The second point is, I would ask that you also take a look at the other community experiences. One of the things that I experienced in the military, I was in for a couple years, was that there was too much ready, fire, aim. I would ask that you stay away from that so take a look at other communities with some level of detail and let’s see if we can learn from that, and I’ll just throw a little dig in because I used to work with the Environmental Commission. That would be a good deal for them to dig into myself. I’m just going to recommend that. Legality. I know we pay 2 Chanhassen City Council - July 11, 2011 vast quantities of money to Roger so for that reason I would suggest that from the legal aspects we really take a look at that and then include it in that association with the legal aspects some effort to take in those other agents that have a vested interest. As an example DNR. I would hope that this City Council, and I’m sure you realize that, who owns the water, so those parties that are associated with our lakes, viz a viz the DNR be included beyond a simple consultation. One of the things that I think you should be proud of is what you’ve done in cooperation with the University of Minnesota and other educational arms when it comes to carp. Those heathen creatures but anyways, why not take the step forward and dig deep and hard to see what other opportunities there may be, not only with state agencies but educational arms and even god forbid the feds. You know there are agencies within the federal government that are deep into this sort of thing so those are the points I wanted to make just as a matter of public record. I realize most of you, you probably all know the things that I’ve mentioned but I just want to make it a point again from the community standpoint, from the resident standpoint. One last point I’d like to bring up, and I was hoping I’d see public safety here. Someone from Sheriff Olson’s office but I believe there’s an imbalance in water patrols in the city of Chanhassen. There’s too much attention as far as I’m concerned in those areas west of us. I love those folks out in the west but nonetheless if you take a look at the hours spent on lakes that a way rather than this a way I believe there is an imbalance and I would suggest that maybe we take a look at that the next time we have discussions with our sheriff, maybe that could be brought up. Thank you for your attention and the opportunity to address you. Mayor Furlong: Thank you Mr. Ayotte. Anyone else who would like to address the council this evening. Jim Theis: Hi. My name is Jim Theis and I live at 6400 Chanhassen Road on the corner of 101 and Pleasant View. I didn’t know if you wanted to now or wait until new business but I’m here to talk about the 101 and Pleasant View trail and road improvement. Mayor Furlong: Mr. Theis, thank you for asking. Let’s, if you don’t mind staying around for that item when we bring it up on our agenda and I’ll be sure to have public comments at that time. And anyone else that would like to speak on that but thank you. Anyone else within visitor presentations this evening? Steve Jenks: Yeah Mr. Mayor and council members and staff, I’m Steve Jenks. I live at 7490 Chanhassen Road and I’m here with, to represent the Lake Action Alliance and the Lake Action Alliance is a group of interested parties that have been looking deeply into the zebra mussel problem and we were looking at it individually for the lakes we were engaged with and we all came to some pretty common issues and so as we worked together we found ways we thought would, could be ways to address those common issues and come up with a workable solution to prevent zebra mussels from in fact infesting several Chanhassen lakes. And so what we’d like to do is spend the next couple of weeks engaging the City Council with our plan, our proposal. It’s a pilot and then what we’d like to do is have this pilot proposal as a topic for the City Council in 2 weeks, and so I just want to leave you with that. I can spend much more time if you want me to and I think some of you already know a bit about it but we’d like to talk to you all in detail. It’s important for the success of this program to have Chanhassen as a partner and that’s what we’re after. 3 Chanhassen City Council - July 11, 2011 Mayor Furlong: Okay. And Mr. Jenks I know we’ve had a number of meetings. You’ve attended some and city staff has been involved more of the meetings than I’ve been involved with so I know that at our last meetings there were some open questions. You and I spoke on Friday and I don’t know if there are more responses there or not but Mr. Gerhardt anything from your standpoint here in terms of the status. Have we, I guess one of my questions, have we received information back from, on some of those open items? Which were open items because I think the reason I ask that is, having answers to those are going to be, will be important as to the timing of when the council gets involved so. Todd Gerhardt: We’re still working on a legal opinion yet to see what jurisdiction really has authority over the boat access and the possibility of gating that or not gating that. We also are looking for information on where the inspections are going to occur and I think there’s several other ones that I don’t remember off the top of my head but. Steve Jenks: Yeah I’ve got some things that, I don’t know if this is the right forum. There’s a lot of details. Probably another forum to talk about it but I can answer some of those and I’m thrilled to hear that you’re working on the legal issue because that’s one of the requests we would make. We don’t have the authority and frankly it’s better if you ask the question the way you want it answered. Mayor Furlong: What I would suggest is, you know as we talked about at the last meeting that I attended with a number of representatives from the lake associations, as well as the City of Shorewood, Carver County, DNR had representatives there, watershed districts, is when we get some of these basic questions answered we’ll certainly bring it back to the council as soon as it’s ready to go. It’s not something that we’re by any means shying away from but I think it’s, from productivity standpoint it makes sense to make sure that we, from legal issues and other types of questions in terms of the process for the proposal, that we have enough to talk about. Steve Jenks: So if I work with Todd. Mayor Furlong: I think continue to work with. Steve Jenks: I want to make sure I address your questions because obviously I’d like to have it on the agenda. Mayor Furlong: Yep. Steve Jenks: Are you the right contact for me to engage? Todd Gerhardt: Yeah, I’ll send you an email with our list of questions and concerns from a staff level and then I’m sure the council will have additional ones when we meet. Steve Jenks: That’d be great. Right. Mayor Furlong: Okay. Steve Jenks: Thank you very much. 4 Chanhassen City Council - July 11, 2011 Mayor Furlong: Okay, we’ll keep moving forward. Thank you. Steve Jenks: Thanks. Mayor Furlong: Anyone else for visitor presentations this evening? Very good, thank you. TH 101 AND PLEASANT VIEW INTERSECTION PROJECT 11-05: CONSIDER APPROVAL OF PLANS AND SPECIFICATIONS, AUTHORIZE ADVERTISING FOR BIDS. Mayor Furlong: Let’s start with a staff report please. We’ll pick up questions from council members and then have public comment before. Councilman McDonald: Excuse me Mr. Mayor, I need to recuse myself from this before we get started. Mayor Furlong: Councilman McDonald, thank you. I apologize for forgetting that. Paul Oehme: Thank you Mayor, City Council members. I just have a brief presentation for you tonight. Just a little background here. The project is again, it’s 101 and Trunk Highway 101 and Pleasant View Road which is up in the northeast corner of our community. Background a little bit for this project. It kind of initiated you know several years ago. We have continuously received residential complaints and complaints from traveling public in this area regarding the intersection of 101 and Pleasant View Road. Staff has worked with MnDOT and others to look at the intersection and the accidents that have been taking place out here and MnDOT has assisted us on some traffic counts and some turning movements counts as well so been very helpful in obtaining that documentation as well. And also working with the parks department on, up in this location of our community. There is a trail gap per se from Pleasant View Road up to County Road 62. Town Line Drive where there is a trail gap between our trail loop in our community and the trail within other communities so trying to address all those issues under this one project. The City has received almost $600,000 worth of grant dollars for this project, including for trail improvements and Highway 101 improvements as well so. Work to date, we rd have met with the neighbors in this area on March 3. We did receive some good feedback from those property owners. Most of the people that we have talked to are in favor of the project moving forward. We are continuing to meet with property owners along the corridor, specifically in conjunction with easements that are necessary for the construction of the trail along 101 so continue meeting with those property owners. And then plans have been completed as far as we can go at this time until MnDOT gets back to work and finishes up the reviews of those plans. Chad Larson is here from Kimley-Horn and Associates and they have been helping, assisting the City in putting those plans together as well. Just looking at some of the documentation, that data that we’ve collected for this intersection. Accidents are shown here on 101 mainly from 2006 all the up to present date. Total of about 21 accidents have been recorded by MnDOT at this location and you some of these accidents potentially can be reduced or correctable with additional left turn lanes at this intersection and some of those crashes that have been identified are those left turn lanes or rear end’s. The side swipe crashes that potentially can be reduced by reconfiguring this intersection. There are substantial delays at trying to get onto Pleasant View, or onto 101 from Pleasant View Road, especially in the a.m. peak hours and you 5 Chanhassen City Council - July 11, 2011 some of those accidents potentially can be reduced if the queuing and the traffic volumes are not as congested at those intersections when the traffic is trying to get in and out as well so. Mayor Furlong: Excuse me Mr. Oehme. Question on this slide if I may interrupt. Paul Oehme: Sure. Mayor Furlong: 2006-2007, 6 and 7 accidents. They’ve clearly fallen off on an annual basis. Paul Oehme: Right. Mayor Furlong: Anything that MnDOT or that you recognize that changed here to cause that or is it just. Paul Oehme: The opening of 212. Mayor Furlong: Okay. Paul Oehme: There was a, looking back at the traffic counts on 101, there was a peak at about 2001 and then it kind of leveled off there at 2001 at about 15,000 trips per day. Now it’s down to about 10,000 trips per day so I can correlate that to traffic volumes more or less on 101 to try and, vehicles trying to get in and out of Pleasant View Road I think is where the congestion and the people trying to run that intersection. Trying to beat some traffic. That’s where some of those accidents I think are taking place. Mayor Furlong: Okay. And the numbers look, I mean 2 to 6, or 2 to 7 I mean that’s a 300% change right. Paul Oehme: Right. Mayor Furlong: It’s just still 2 to 6 accidents so, just curious but thank you. Paul Oehme: We did also did look at what the County did on Powers Boulevard. As council knows back in 2010 the County did install and construct some left turn lanes on Powers Boulevard north of Trunk Highway 5, mainly Pleasant View Road, Lake Lucy Road and Kerber Boulevard were some of the bigger left turn lanes that were put in there so, County did apply for grant dollars for that project as well. Some federal dollars and that application there were 14 crashes that were identified at those 3 intersections and since those improvements have taken place, the County has not documented any correctable crashes at any of those intersection at this point in time so you know, the improvements are new so, but you know there really isn’t any history there to really quantify any improvements per se but you know based upon what we were seeing in the field and what Carver County Sheriff department has, is telling us those left turn lanes have been very much appreciated and needed so. Getting back to some design considerations to the left turn lanes. MnDOT has warrants for left turn lanes at specific intersections and looking at basically undivided highways under their criteria they’re, if there’s more than 6,500 trips per day on the main thoroughfare and the cross traffic is you know anywhere, you know above 400 trips per day, a left turn lane is warranted under most circumstances so, and again over on 101 and Pleasant View Road under 2009 trips, or average 6 Chanhassen City Council - July 11, 2011 daily trips there’s 10,000, little over 10,000 trips per day on 101 and then Pleasant View, the cross street, is a little over 3,200 trips per day so based upon MnDOT’s warrants for left turn lanes, the left turn lane should be going in on 101. And then also right turn lanes there is a warrant for right hand turn lanes too. So currently 101, looking north here, is a two lane roadway with right hand turn lanes at Pleasant View Road going into Eden Prairie and then southbound into the city of Chanhassen. There is no right hand turn lane on Pleasant View Road to date as well. It’s a rural section. Fairly narrow. Steep embankments and last year MnDOT did overlay this section of roadway and made some improvements but did not include turn lanes or any other safety improvements at Pleasant View Road under that project. So what we’re proposing for this project is to add left turn lanes again on 101 at Pleasant View Road. Add a right turn lane at Pleasant View Road for southbound traffic getting onto 101. Wider shoulders at 101. Placing curb on the west side of 101 where we can along 101 to increase, improve drainage along this corridor. Extending the trail from Pleasant View Road to the regional trail on County Road 62 so we can, so those trails can connect into different communities. Drainage improvements again on 101 and Pleasant View Road. Extending the road on Pleasant View Road to the west to the trail crossing and then add curb and gutter on the north side of Pleasant View Road as well. Have talked to MnDOT about signal warrants at this intersection and at this point in time there is the threshold is not met for justifying a signal at this time. This drawing shows the proposed improvements, a little bit clouded here but try to walk you through a little bit of this. Fox Hollow Road is off to the right hand side here. We are planning to improve that turn lane based upon the geometrics of getting the right turn lane in here and the left turn lane on 101. That intersection or that right hand turn lane has to be modified a little bit and moved to the east. And then right hand turn lanes again at Pleasant View Road into Eden Prairie and the left hand turn lane here into Pleasant View Road heading westbound. The yellow is showing new pavement area along the intersection and then the blue area is showing shoulder improvements as well. There is storm sewer planned to be constructed on the west side of 101. There is kind of a ditch section there right now. We’re going to try to urbanize that a little bit and treat the water in the pond here on the south side of the project. Moving north, adding the right turn lane at Pleasant View for southbound 101 traffic. We think widening the intersection a little bit. Adding storm sewer for this intersection as well. Most of the water, runoff we’ll be treating in the pond at the northwest corner of 101 and Pleasant View. And then adding curb and gutter along the west side of 101 here. Again adding shoulder to the 101 on the east side of this section of road as well and then extending the trail to the north. And then also extending some curb cuts here and trail improvements, crossings at the intersections as well. And then moving north from Pleasant View Road, again extending the trail to the north on the west side of 101 where it ties into Town Line Drive or County Road 62 here. There is a retaining wall approximately 6 feet high that will have to be constructed in this location here. And then again adding the shoulder and storm sewer improvements along this corridor as well. Moving to Pleasant View Road and north is up here. 101 is currently here. We are planning to extend the trail along the north side of Pleasant View Road all the way to the crossing, existing trail crossing here. Approximately 1,600 feet worth of new trail along here. There is a small retaining wall we’re going to have to construct at this location just to stay out of, within the right-of-way basically. We are planning to add curb and gutter and storm sewer to the north side of Pleasant View Road at this location and then also east of Near Mountain Boulevard as well. So with that, we are still working with MnDOT in trying to get some of the approvals. Obviously they’re not in business right now so we’re kind of delayed in that aspect of it but if the State would come back to work in the near nd future here we are, we would like to try to award a contract on August 22 of this year and then th start September 6. This is fairly optimistic right now but this is still what we’re planning on 7 Chanhassen City Council - July 11, 2011 shooting for. If we can’t meet this schedule as presented tonight we would ask that the bids be delayed and then bid it, the project out in early spring of next year 2012. So with that just want to highlight a couple other items here. The scope of the project has changed somewhat from what was preliminarily talked about when the current application was put together. There is a larger pavement section that was needed on 101 based upon MnDOT’s requirements for the project. We did again add that turn lane in, reconstruct that turn lane into Fox Hollow Drive a little bit and then some pond over sizing to and larger retaining walls, bigger retaining walls that added to the cost of the project. So the project total right now is about $850,000. The grant is for $594,000. It includes some engineering costs. There are some costs associated with the City. Most of those are associated with the trail on Pleasant View Road and extension to the west there and then we do have some storm sewer improvements and pond improvements that we’d like to make in conjunction with this project too so. Moving forward those are the funding areas that the City has budgeted for at this time. You know if we go over those budget items, staff has looked at other funding sources including State Aid funds, especially if this project can be bid out next year, that we probably potentially can tap into. So with that if there’s any other questions, I’d be more than happy to try to answer them. Mayor Furlong: Thank you. Questions for Mr. Oehme. Councilman Laufenburger. Councilman Laufenburger: Mr. Oehme, can you just speak to if the State doesn’t come back, what is the, well eventually they will I expect. In time to beat our timeframe, what’s the financial impact, positive or negative, to the project if it spills over into next year? Can you just speak to that? Paul Oehme: Well I don’t know if there’s a positive aspect to delaying it til 2012. I think there’s going to be some inflationary costs and some other materials cost potentially that could be incurred. Bidding out a project next year there are, I think there’s a lot of projects that are in the pipeline right now so I think there’s potentially a lot of projects that are in the same boat that we are that potentially get bid out at the same time next year so more competition for us basically or there’ll be a lot more projects being bid out at that time so potentially cost will be raised in the spring so just looking at it from those perspectives, I don’t think there’s, you know a good reason not to bid it out as soon as we can. Councilman Laufenburger: So it potential that we could bid it out this year for construction next year? Paul Oehme: Absolutely. And that’s what we’re looking at too is you know when is the opportune time to bid this project out. It doesn’t have to be in the spring of next year. It could be you know fall, winter timeframe too. There is a, you know a small question about bidding it out in the fall because of oil, especially in this type of project when their oil prices are unknown. You know contractors like to see bids out and then construct it as quickly as they can just so they know those costs but it’s something that we still have to discuss and decide on when the best time to bid this project out, if you want to go forward with it. Councilman Laufenburger: And just a second question. The cost that you’re showing in this Mr. Oehme, that includes the easement acquisitions required to complete the project, is that correct? Paul Oehme: That is correct. 8 Chanhassen City Council - July 11, 2011 Councilman Laufenburger: Okay. And can you talk a little bit about the basis for those easement acquisitions? Paul Oehme: Sure. We did go through a formal appraisal process, working with the attorney’s office and did receive appraisals for I think 6 individual parcels that we need. Either permanent trail easement for, or temporary construction easements to construct a trail on so based upon those findings and you know they look at comparable 6 or 7 different comparables for residential properties that we’re dealing with and based upon those they come up with a square foot price basically on what it, what the market is seeing for those type of land pieces. Councilman Laufenburger: And the practice of establishing what that easement payment might be, those practices we’ve been using in Chanhassen for a number of years. Have we changed them recently in any respect? Paul Oehme: No. Absolutely not. It’s all, working again with the attorney’s office, going through that process. That’s very similar to what the City has always done in obtaining appraisals and making those offer letters and those type of things. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions for Mr. Oehme. Councilwoman Ernst. Councilwoman Ernst: Paul, the last time we talked you were still talking to Eden Prairie about potentially partnering, potentially them partnering with us to pay for this project. Do we have any further updates on that? Paul Oehme: You know I haven’t talked to Eden Prairie recently about it. I know we’ve had several conversations with them a little while ago. They, you know they, at this point in time they’re not willing to participate in the cost of this project. I don’t know if it’s, they don’t see the benefit to the residents for the project or if there’s a financial issue or what not but at this time they haven’t come forward and offered any financial assistance for the project. Councilwoman Ernst: Can we circle back with them to see if there’s any change in that? Paul Oehme: Yep, absolutely and there has been some staff changes over there too and we can definitely, it doesn’t hurt to call them. Councilwoman Ernst: Thank you. Todd Gerhardt: Paul they have worked with us in allowing us to access some of their storm water. Paul Oehme: Right, yeah. I should clarify that too. All the storm water off this project is going into Eden Prairie. They’ve worked with us on you know the design a little bit on that and allowing that additional runoff basically to enter their system so. Councilwoman Ernst: I’d just like them to come forth with a little more. 9 Chanhassen City Council - July 11, 2011 Paul Oehme: Yeah. Yeah so they’ve been a good partner up to this point. It’s just that financial piece that we haven’t. Mayor Furlong: Well and I think certainly going back and asking is important but again I’m glad Mr. Gerhardt you brought that up. They have been supportive of the project and, which is necessary for us to move this forward so. Paul Oehme: Absolutely. Mayor Furlong: Other questions? Councilwoman Tjornhom that you can think of at this time? Councilwoman Tjornhom: No, I think that’s good. Mayor Furlong: Okay. There may be questions as well later but at this point let me, if there are no more questions at this time let me open it up for public hearing. Public comment. Mr. Theis, good evening. Thank you for waiting. Jim Theis: Well I’ve been talking with a few of the neighbors who have permanent easement land, taking or whatever, and unfortunately one called me here and wasn’t going to be able to make it here for work. Another told me that probably already last night. Councilwoman Tjornhom: Excuse me Mr. Mayor, could we put a slide up of maybe where he lives. Mayor Furlong: Oh certainly. Jim Theis: Yeah if we can bring up that, I have some things here but I don’t have a fancy little shots. The three concerns that we have, my main concern, and I’ll give you a little background. I was on the fire department for 20 years here also. I’ve lived at the corner since ’82. I don’t, you know I don’t have the criteria to disagree with MnDOT but I do disagree that the left turns I think are going to help here and I’ll, I’ve got actually some little handouts if you want to look at the reports that Paul gave me. When you look at the, or does the camera work here? Mayor Furlong: Sure. You want to pass them up or put them on the table. Jim Theis: Sure I can, that’s maybe just as easy. These are some of the traffic reports from 2006, 07 and 08 and that’s all that I have. Mayor Furlong: Excuse me, Mr. Oehme do you have a copy of this or not? Jim Theis: Yep. He gave them to me. Paul Oehme: I didn’t bring my whole file down. Jim Theis: So my concern, the three concerns are safety, the funding for the trail or the reason for the whole work. Is it the fact that, I mean we’re kind of turning a $400,000 job into an $850,000 job. And then the other concern that I guess all three of us have had when we’ve 10 Chanhassen City Council - July 11, 2011 talked is the appraisal value. But if you look at pages 2 and 3. On page 2 is in the morning. Page 3 is in the afternoon. Again I was on the fire department for 20 years. The accidents that happen there, I can’t really recollect one in the morning. With the traffic flows we have in the morning. And yet we have almost 500 cars going through. We’ve got 13 making left turns there in the morning. In the evening seems to be when we get all of the accidents there and the reason that I bring that to your attention is we have a right turn lane there. We have 160 people, 161 people making right turns and we have 548 going straight through there. If you look at the ’06, ’07 and ’08, if you look at those there are. Mayor Furlong: Where are you? Excuse me, what page are you on? Jim Theis: Well they’re not really numbered. It would be 101 of ’06. Mayor Furlong: I just want to make sure we’re all looking at the same sheet. Jim Theis: If you look at some of these, this is pulling out of Pleasant View. This is pulling out of Pleasant View. They’re getting hit from the north. This is pulling out of Pleasant View, they’re getting hit from the south going north. The other two are coming south. I don’t have timeframes on these unfortunately so I can’t substantiate other than just the fact that I’ve been to most of the calls that area vast majority of the calls there because I live there and I’ve called a lot of them in. We have two other ones here in the ’07 that are pulling out and getting hit and then we have the one in ’08. And as I look at this, most the time when you get out there most the people, first thing they said is they didn’t see the car coming through and what do we have? We’ve got 161 people coming and making a right turn and we’ve got 548 people coming straight through and I claim that we’re hiding cars as they’re coming straight through. The straight through traffic doesn’t have to slow down. We’re going to create that same thing going when we put the left turn in for the south, or the northbound traffic and we’re going to start hiding people behind those 55 cars that are making the left turns in the afternoon too with 341 people going through. We have that going on now and we’re not having, we had 1 accident that got hit from a northbound and we have the 5 or 6 other ones that are getting hit from southbound traffic so I’m not a traffic engineer and I don’t have the criteria to say that but I’ve been around there so these left turn lanes I don’t think are going to make it safer. As far as the back up, we have the biggest back up in the morning because we have 140 people making left turns going out of there. I’m not sure how making the traffic go faster on 101 is going to help the people that are trying to get out from Pleasant View, and those are the Chanhassen residents. A lot of these other people are going through. They’re going to 62 so those are my safety concerns before we just buy into this that MnDOT knows almighty. Again they did create 62 and 35W that we all lived through for how many decades going into Minneapolis and they just finally straighten that out so they don’t always get it right either. I think that some of this should be looked at as individual basis and if we’re just doing it for the compensation so that the City is paying $200,000 less for the project, for the trail project, then let’s just say that. That’s part of the concern that some of us have about the funding part of it. But I’ve asked the question, I’ve asked Paul. I’ve asked the engineers when we came here. You know everybody right away they say it’s safer and everybody thinks it’s going to be safer but I beg to think that I’m not sure that it is with the type of accidents we’re having. We’ve got, there’s one rear ender there from somebody making a left turn to go northbound in them 3 years. There’s some different bicycle ones. There’s some ones that are with certain months where I think it’s slippery that they’ve caused accidents but of the accidents that happened, most of them happen from people pulling out from the west side out of the 11 Chanhassen City Council - July 11, 2011 Chanhassen side of Pleasant View and they’re getting struck by the southbound traffic by you know over double the amount and the only thing that we have there is we have a right turn that’s hiding those other cars that are coming straight through and we’re going to create that with a left turn going northbound when we have you know pretty high peak flows there with a lot of left turn traffic too so I guess that’s all I can say as far as the safety wise goes. The funding part was a concern. The other gentleman that, Gary Harrison and Dan Campion couldn’t make it here tonight but they were, or Gary was a little concerned about the funding and using the State money to kind of do some of this stuff and should we be doing that. If it’s their road, like Paul said, they just did an overlay on it. They’re so concerned about the turn lanes, why didn’t they do it then? That was last year. So those are some of my issues. I think there’s more going on in here, and obviously I’m affected because we’re going to move the road 10 feet more into my, they’re only taking 7 feet of property but there’s already grass inbetween so it’s really 10 feet that blacktop is coming closer to my house. The appraisal doesn’t even, I mean I kind of had to laugh when I got it because I don’t think any of you would have considered taking 7 feet out of the front of your house for what I got so I’m not sure how that goes. I do have an appraisal that I’ll be giving Paul tomorrow from somebody that I got and it’s a little different, and they also didn’t use the, they didn’t use any loaner owned properties either. They were able to find 3 of the 5 appraisals that were on most of our different deals were from foreclosed properties. I’m assuming that’s what it is when it’s loaner owned. So those are some of the concerns we have about the job. Why it’s getting done and then how the funding is and the way the State is right now, I’m not sure that we should, that they should really be handing out the money and why didn’t they do it when they had the chance to do it last year when they were doing it. I’ve heard different things with different funds and stuff so are we just doing the dirty work for them to get a grant so they can get what they want? I don’t know but it does have a personal effect on me so I just kind of want to get clarification as you guys go to vote on it. Mayor Furlong: Alright. Jim Theis: Thank you. Mayor Furlong: Yep, thank you. Mr. Oehme, various questions, comments raised. Your thoughts, comments, answers. Paul Oehme: Yeah just to Mr. Theis’ point about MnDOT not installing those turn lanes in when they performed the overlay project. Typically MnDOT doesn’t install those type of turn lane improvements. That kind of comes out of a different funding source. The funding source that they used for the overlay is more of a preservation. Keep the pavement together type of project. You know that’s all I can, really can say to that. They typically just don’t install turn lanes on this type of, those overlay projects so. Mayor Furlong: And what, but from a process standpoint, if MnDOT’s going to improve the road, upgrade it through an overlay, wouldn’t that be the time to add some improvements in as well? I mean similar to what we try to do when we’re working on our local street projects we try to bundle the improvements together so we’re not overlaying and then coming back, or reconstruction come back a year later for utilities. Paul Oehme: Exactly, and you know I can’t really speak to MnDOT’s you know process but. 12 Chanhassen City Council - July 11, 2011 Mayor Furlong: Having worked with them or talked to them about this, was there? Paul Oehme: Yeah, I mean they knew about this application that we were making several years ago, or anticipating to make so I don’t know if that took part in their thinking process for how they completed the overlay project but I don’t know. Mayor Furlong: And I know you can’t speak for them but I know the issue that Mr. Theis brings up has been a frustration I know for many people. There doesn’t seem to be coordination there but again that’s MnDOT. One of, I guess where, what I would ask then on that is, what does MnDOT see as the benefit of these? Of this project from a traffic standpoint, a safety mobility standpoint. Paul Oehme: Right, and that gets back to Mr. Theis’ point about the accidents that we see out there. It’s just not the accidents. I think it’s also the delays and how that intersection functions during those peak time periods. I think you know some of those accidents are happening because the intersection can break down since there’s no left turn lanes out there, the through traffic is blocked behind the turning vehicles so that whole intersection is delayed in terms of getting the traffic in and out of that intersection on a timely basis so. Mayor Furlong: So that’s basically a mobility question of traffic. Paul Oehme: Yep, exactly. Mayor Furlong: As opposed to necessarily safety. Safety is one aspect but you’re saying mobility is. Paul Oehme: Well anything that comes back to safety too because once that intersection breaks down, the traveling public on say Pleasant View Road, it’s going to take them longer to get out in that intersection. Maybe they’re in a rush or they’re not paying attention because of those delays and those are the times that accidents can typically occur so I mean other, and that’s why MnDOT has warrants for turn lanes is to try to get that traffic moving in those intersections and out of the intersection as quickly as possibly so the cross traffic can access onto the main thoroughfare and not be delayed as lone. Mayor Furlong: So is that the chart that you showed in your presentation Mr. Oehme about the, when you mentioned warrants? Paul Oehme: Right, exactly. Mayor Furlong: Of the traffic. Paul Oehme: That’s the warrants that MnDOT looks at when putting in those turn lanes. Mayor Furlong: Okay. And so if MnDOT gets requests for turn lanes, and we work with them on signals. Paul Oehme: Right. 13 Chanhassen City Council - July 11, 2011 Mayor Furlong: At this intersection for one at Minnewashta Highway 5 for another they’re looking at warrants. They have a similar warrant process for turn lanes? Paul Oehme: Exactly. Mayor Furlong: Okay. Paul Oehme: And you meet those thresholds of traffic at those intersections and then you typically would warrant a turn lane to be installed, either right hand turn lane or left hand. Mayor Furlong: Okay. Okay. Jim Theis: Mayor can I add one comment on that? Mayor Furlong: Certainly, just a second. If you want to come up to the podium. Mr. Gerhardt, you wanted to make a comment. Todd Gerhardt: Mayor, council. As they made improvements at Powers and Lake Lucy, you know the one thing that you can’t measure is the near misses and driving that for I don’t know how many years, there’s been so many near misses there where people go around the car trying to turn left and the person coming southbound turning left doesn’t see that car when it decides to turn around. So you’ve got the near misses that you’re not looking for or you can account for. And the second thing is, this went through an extensive review process. This was an application that the City made competing against other projects in the metro area so, and that’s a group of other traffic engineers reviewing and pointing saying of the projects that should be done in the metro area, this one ranks high. Mayor Furlong: And that’s an objective point system process based upon all the criteria. Todd Gerhardt: Use the data that was similar. Councilwoman Tjornhom: Very competitive, yeah. Mayor Furlong: I’m sorry, Councilwoman Tjornhom. Councilwoman Tjornhom: It’s very competitive you know to be able to score high enough to qualify for the funding you know and then to get another group of people to justify it and I have to agree with Mr. Gerhardt that I turn on that road every day, and in the morning I have no problems getting onto 101 from Pleasant View. But it’s coming from, it’s going, if I can get this straight. It’s going north on 101 and I’m trying to make a left hand turn and I have to stop because there are cars coming south and I have cars buzzing around me constantly not waiting. They’re just driving around my car and going and I sometimes close my eyes because all of a sudden then another car wants to turn east. So I’ve got a car turning east and one coming around me and I think that’s where the problem is. It’s the fact that people don’t obey the law. They don’t wait the way they should. They are in a hurry and they just drive around you. Jim Theis: No and I won’t say that’s not true but then are we going to do, are we going to do a by-pass around lanes up and down 101 at Valley View and every other… 14 Chanhassen City Council - July 11, 2011 Councilwoman Tjornhom: Well and you know, we drive that too and you know when there’s a garbage truck there or the mailman’s there, it’s dangerous. Jim Theis: But getting back to what Paul’s saying about 101, there’s no doubt it will probably help 101 go faster but do you see 101 every back up? Councilwoman Tjornhom: I don’t necessarily want to see 101 go faster. I just want it to be safer. Jim Theis: Right well but, but now we’re not going to have anybody ever slowing down behind somebody making a left turn onto Pleasant View when they’re going northbound. So those people are going to be going 45 miles an hour. We don’t get a back up on 101. There’s never a back up on 101 other than there may be 3 cars. I’ve never, ever had to wait to get in my driveway and I’m probably 5 cars or so down from the intersection. I never have to wait to get in my driveway. The back up is always on Pleasant View to get out. How are these left turn lanes on 101 going to help Pleasant View get out faster? The right turn lane may help some but now you’re going to have to watch the left turn lane and the straight through lane plus the two lanes coming south. You’re going to have more things to watch than what you had before. That’s just my common sense of it so. Mayor Furlong: Right, and I hear that question. I guess Mr. Oehme, your thoughts on that from an engineering standpoint. Paul Oehme: I mean I think anytime that you have back up at an intersection that creates a traffic situation where potentially accidents can occur. The importance of the turn lanes again is to have a safe location for those turning movements to occur where somebody in the back of them, that potentially not going to make that, not going to have a conflict there. So the idea is to make the left hand turn movements get out of the through traffic and have a safe location for those drivers to turn, allowing the through traffic to go by and allowing those turning movements to occur in a faster, or quicker timeframe because you don’t have back up’s coming, having back up’s in the intersection because of the through movements can’t make it because of the turning vehicle so anytime you get more cars through that intersection, the quicker period of time you’re going to have less conflicts. That’s the importance for the turn lanes. Mayor Furlong: So for the layman, if I’m driving north on 101 behind Councilwoman Tjornhom who’s trying to turn in, and unless I break the law and pass illegally on the right I’ve got to sit behind her. Paul Oehme: Correct. Mayor Furlong: Once she does finally get to turn, then I’m accelerating to go but obviously my average speed through that intersection has slowed significantly because I’m going from a stop as opposed to just traveling at noted traffic. Paul Oehme: Right, yep. 15 Chanhassen City Council - July 11, 2011 Mayor Furlong: And anybody coming from the east, Pleasant View from the Eden Prairie side or Pleasant View on the west is going to have to wait until I clear that intersection anyway, whether I can do it easily and efficiently or whether I’m starting from a stop and moving forward. Paul Oehme: Exactly, and you know those delays getting it through the intersection, trying to get the traffic to move through, you know at intersection you typically are not going 45 miles an hour if they’re turning. If there’s cars there. You’re going to be slowing down a little bit because you’re just going to feel a little bit confined in those intersections so if you’re paying attention you’re probably going to get off the accelerator a little bit as well so. Mayor Furlong: Okay. Alright. Any other questions? Yeah, Councilwoman Ernst. Councilwoman Ernst: So I don’t think that the issue that Mr. Theis is concerned is really that there’s a problem with the 101 traffic and the right hand turns. I think it’s more the concerns of what does it do to the residents on Pleasant View because they’re actually going to watch for traffic that’s going straight and they’re going to have to watch for traffic making those turns. And actually I can see where that would be a problem but I’m, I’m curious as to what the traffic is like coming off of Carver Beach Road onto Powers versus what the traffic is coming off of Pleasant View onto 101. Is there comparable traffic there or that? Mayor Furlong: You’re saying Carver Beach Road over on Powers Boulevard? Councilwoman Ernst: Right. Mayor Furlong: What that traffic count is? Councilwoman Ernst: Yep. Mayor Furlong: Do you have those? Paul Oehme: Let’s see if I have those here. I know Powers Boulevard has, there it is. Has less traffic than, less traffic than 101 so for example. Councilwoman Ernst: And that was going to be my next question. Paul Oehme: Yeah so on Powers Boulevard under the 2009 counts there’s 8,300 trips per day approximately at the Pleasant View Road intersection and then on Pleasant View Road there’s 2,100, 2,150. 2,150 trips accessing onto Powers Boulevard. Mayor Furlong: I’m sorry, is that at Lake Lucy? What’s the 2,150? Paul Oehme: That’s at Pleasant View Road. I don’t have a count for Carver Beach Road. Councilwoman Ernst: Oh. Mayor Furlong: Okay, so that’s Pleasant View Road onto Powers Boulevard. 16 Chanhassen City Council - July 11, 2011 Paul Oehme: Onto Powers Boulevard and then Powers Boulevard is 8,300 trips per day. So it’s a factor you know, a factor of 20% less approximately. Councilwoman Ernst: And how many on 101? Paul Oehme: On 101 at Pleasant View is 10,600. Mayor Furlong: And what are the, just to follow up on a question if I may Councilwoman Ernst. Councilwoman Ernst: Sure. Mayor Furlong: Then the traffic coming off Pleasant View onto 101? Paul Oehme: Pleasant View onto 101 is 3,250. Mayor Furlong: Okay. Now with the, and I guess to follow up with the improvements that Carver County did to Powers Boulevard, which is a county road, we’ve talked before about the left turn lanes adding at Lake Lucy Road but they did add left turn lanes or did they not at Pleasant View as well? Paul Oehme: They did add a left turn lane on Pleasant View as well. Mayor Furlong: For southbound Powers Boulevard. Paul Oehme: For southbound Powers and a right turn lane. They improved the right turn lane on Powers Boulevard and Pleasant View Road, yep. Exactly. Mayor Furlong: Okay. For the same, I’m assuming for the same reason is to get the turning vehicles out of the through traffic. Paul Oehme: Exactly. And I believe that’s 45 miles an hour. Todd Gerhardt: Is there a right turn right now on Pleasant View going south on 101? Paul Oehme: There’s no right turn on Pleasant View going south on 101. Todd Gerhardt: Because that’s really what’s going to help you know those cars that are backing up on Pleasant View because they’re waiting for the cars to make a left that want to go right, that gives them the lane to go right to go south on 101. Where if the car is waiting for the traffic to go south on 101, he may be in that center lane and wants to turn right and can’t go until those cars get out of the way. Mayor Furlong: So that’s your same mobility from cars on Pleasant View going south on 101. Todd Gerhardt: Correct. Mayor Furlong: Improves at that right turn lane. 17 Chanhassen City Council - July 11, 2011 Councilman Laufenburger: And the same thing holds true there, where there’s no right turn lane if there are cars that are impatient they will veer off of that single lane. Veer over to the right, much like the people who are going north on 101 will skidder around Bethany Tjornhom and skidder into the, is there a right turn lane there? Jim Theis: Yes. Councilman Laufenburger: So they go into the right turn lane. Mayor Furlong: Illegally pass. Councilman Laufenburger: I think for me the issue is, I think mobility and visibility improve safety. Anything that you do to help the traffic stay in their lines and then clear the intersection, that contributes to the safety. I would agree with Mr. Oehme that as soon as you start seeing congestion in there, then you, especially during the morning and the evening, you start seeing people’s frustration. Oh gosh I’m going to veer to the right. How many times do people waiting for Bethany to make that turn? By the way how long do you wait there? Is it like an hour? Councilwoman Tjornhom Ask me how many times I do that a day? Councilman Laufenburger: But as people back up behind Bethany making that turn, and I’m just using you as an example Councilwoman Tjornhom. How many times do some of those really impatient people decide to stick their front of their car over to the right and then obscure somebody who’s already made the decision to get into that right lane. Councilwoman Tjornhom: Exactly. Councilman Laufenburger: So visibility, mobility contribute to safety from my perspective. Councilwoman Tjornhom: And having things marked so you know where you should be, you know? I’m going to turn left… Mayor Furlong: No, that’s fine. I just want to make sure, we’re in a public comment period. Is there anybody else that would like to provide public comment here before we continue on with some of the comments from council? Okay, seeing nobody. Thank you for your comments Mr. Theis and questions. I think they were very appreciated by me and the rest of the council. Other comments then by, Councilwoman Ernst you were going to say something? Councilwoman Ernst: Yeah I just, and I agree with you. I think that you know to make that traffic flow is a good thing. I think the issue comes in when you’ve got that straight through traffic and you’ve got the right and the left hand turns. And that’s where it becomes potentially a safety hazard. Mayor Furlong: You’re saying right and left turn lanes on the through road? Councilwoman Ernst: Right. When you have traffic going through and you have the. Mayor Furlong: Okay, so north and south bound on 101 in this case. 18 Chanhassen City Council - July 11, 2011 Councilwoman Ernst: Yes. Mayor Furlong: You’re saying that the turn lanes on 101 are, decrease the safety? Councilwoman Ernst: I’m saying when you put it all together, where you have the right and the left hand turn lanes and you have the through traffic, those that are trying to get out on Pleasant View, I’m not saying it’s a problem on 101. I’m saying it could potentially be a hazard for those coming out of Pleasant View. Mayor Furlong: Okay. Councilwoman Ernst: Because that does, and I’m only saying that because of the experience that we have on Powers Boulevard as well. But we don’t have the traffic on Powers that we do on 101. Councilman Laufenburger: Mr. Oehme, do you have any indication of people who are, people who traveling east on Pleasant View who have experienced the 101/Pleasant View intersection and they want to travel north on 101 to get to 62. Do any of them go through Near Mountain Boulevard, Cascade to go over up to Town Line Road? Is there access there? Paul Oehme: There is access to Town Line Road. Councilwoman Tjornhom: But it’s windy and. Paul Oehme: Yeah, it’s very circuitous to get through there and I don’t know. I don’t know if there’s, I haven’t heard of any cut through problem areas. I know there’s several stop signs along the way to get out there. Councilman Laufenburger: So there’s impediments too? Paul Oehme: There’s impediments to make that movement I think. Bob Ayotte: Not if you don’t stop signs and go right through. Jim Theis: A lot of the people from Near Mountain up in that area where we’re talking do end up going out that way. That’s how they told me so they weren’t concerned about the intersection down there because they go out up on the north end but. Mayor Furlong: Mr. Theis, just for people watching at home. What I thought I heard you say was that, was that residents in the neighborhood north of Pleasant View and west of 101 often will go up to Town Line Road is what you’ve heard from people. Jim Theis: Yes… Mayor Furlong: Rather than coming down to Pleasant View and then turning back north and that’s a reasonable traffic flow. I think that would make sense. Other comments on this? I guess couple thoughts. And we all bring our experiences, good or bad experiences but our 19 Chanhassen City Council - July 11, 2011 experiences to these discussions. I think it was, it’s interesting with some of the data we received tonight, especially looking at the traffic flow data in the evening. Rush hour period which I think Councilwoman Tjornhom you mentioned. We’ve got, of the cars on the east and west side of Pleasant View Road, on the Chanhassen side coming eastbound on Pleasant View to 101, there were 304 cars, listed vehicles listed and this is in the evening and only 48 cars coming from the Eden Prairie side. In the morning it was about a 10 to 1 ratio. 222 coming from Chanhassen side to that intersection and 28 so I say that because with the opportunities I’ve had to meet and talk to residents over the years, since I’ve been in this position, even before I was in this position, this intersection has always been for people who live in the area and drive Pleasant View, has been an issue for Chanhassen and we need to work with so it doesn’t surprise me I think that it’s this council that’s dealing with this and working with MnDOT based upon the traffic counts. What I will say is I think from experience as well the improvements on Powers Boulevard at Lake Lucy Road and Pleasant View Road, having driven those frequently, and the intersection at 101 and Pleasant View, not as frequently but I do drive that way from time to time, the improvements with the addition of the turn lanes on Powers Boulevard has been an improvement. You know when we see a slide that says that there have no correctable accidents, to me that speaks volumes. The adding in the left turn lanes at Powers Boulevard at Lake Lucy Road, added in that extra lane of traffic that’s being discussed here. Because they’re already on 101. They’re already the right turn lanes as I understand so basically we’re slipping a left turn lane inbetween. While you get the movements there and you have to look, it’s easier to identify because cars are in specific lanes, it’s easier to identify as a driver what the other cars are doing. Because they’re in the proper lane. The number of times that people passed on the right as someone was turning left off northbound Powers onto Lake Lucy, were probably too numerous to count. I mean it just happens so frequently. Even if it’s not happening as frequently based on the number of cars going on here, clearly that’s a safety hazard so you know from what I hear from the engineers, when MnDOT has standards that says this is an intersection that within the metro area deserves improvements relative to all the other intersections that were looking at obtaining this funding, and just from our own city’s experience that many of our residents have and that we’ve seen on Powers Boulevard, I understand the concerns that have been raised but I think it does make sense to go forward and improve this intersection. The other thing we’re seeing is that this gives us the opportunity when the traffic counts adjust to the point that again MnDOT looks at warrants for signaling this intersection. Once it, they’re not going to put a signal where it’s not warranted because that’s going to cause more problems as I understand it but by making these turn lane adjustments, when those warrants are available then the road will be ready for those signals to be installed, if I’m not mistaken. So I think this is a step forward to an intersection that has been, been on many people’s minds and desires for improvement for many years and to the extent that you know there was a question raised about why we were doing this. I think from a traffic standpoint there is improvement. I think it allows us to improve our trail system as well and connection, and so I think it’s, I’d like to applaud it as a situation where the City and MnDOT are working together. We always hear from people that our government agencies or levels of government don’t work well together and I think this is another example. We’ve seen a lot of that this last year. Powers Boulevard. We just mentioned that. That’s a county road. Our engineering staff have been working with them for years and we were able to work together to make improvements. Now we’re working with MnDOT. We’re working with MnDOT on Highway 5 in coming years and so I think we need to continue to look for these opportunities and to make incremental improvements to our transportation system when those opportunities present themselves. With that we’ve been asked for two motions this evening. I believe is that correct or am I, is it simply the first one? 20 Chanhassen City Council - July 11, 2011 Paul Oehme: Just the first one I believe. Mayor Furlong: Okay. Is this the resolution here Mr. Laufenburger? Todd Gerhardt: Yes. Councilman Laufenburger: Came from Mr. Gerhardt. Mayor Furlong: Okay. One of the, I guess what I’m hearing from staff here or seeing from staff is that the resolution, there’s a request to change the resolution. Item number 2. To change that. The second sentence in there we’ll finish with rather than the term at 7:00 p.m. on Monday, nd August 22, 2011 in the council chambers at City Hall, it’ll be changed to a date selected by the City Engineer, and I’m sure that’s relating to the current State of Minnesota situation. Todd Gerhardt: That gives the council and the City the most flexibility of when and if this project moves ahead. Mayor Furlong: Okay. And so the flexibility with regard to the timing of the bidding of the project. Todd Gerhardt: That’s correct. Mayor Furlong: Thank you. Any questions on that change in the resolution? If not, that will be the resolution that will be included in the motion. Councilman Laufenburger would you like to make a motion? Councilman Laufenburger: Be happy to do so Mr. Mayor. Mayor Furlong: Thank you. Councilman Laufenburger: I move that the City Council approve the plans and specifications for City Project #11-05, Trunk Highway 101 and Pleasant View Road intersection and authorize advertisement for bids in accordance with the related resolution. Mayor Furlong: Okay, thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution#2011-47: Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the City Council approve the plans and specifications for City Project #11- 05, Trunk Highway 101 and Pleasant View Road intersection and authorize advertisement for bids in accordance with the revised resolution. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 21 Chanhassen City Council - July 11, 2011 PROPOSED WATER TOWER CONSTRUCTION LOCATED ON MINNETONKA SCHOOL DISTRICT 276 PROPERTY, 6421 HAZELTINE BOULEVARD: A. SITE PLAN REVIEW. B. CONSIDER APPROVAL OF PLANS AND SPECIFICATIONS, AUTHORIZE ADVERTISING FOR BID. C. CONSIDER APPROVAL OF PURCHASE AND EASEMENT AGREEMENTS WITH SCHOOL DISTRICT 276. Paul Oehme: Thank you Mayor, City Council members again. I’ll just give a brief background again on the need for the water tower and some of the again the background associated with the project itself so. The water tower proposed is in the high zone area which is kind of shown here in the pink colored area. It’s approximately about 12% of the water service area within the community itself right now. It’s a smaller area based upon the topography of the ground in this area. Basically higher in elevation than the rest, the majority of the rest of the community to obtain a balance pressure within the water system. This area is segregated from the rest of the water distribution area to achieve a constant water pressure in this area so. The high zone storage area, the high zone area in this area, there’s one tower that was built in 1971. It’s a 2,000 gallon tower. It’s on Melody Hills Road. Back then in 1970 the population was 4,800. Approximately 4,800 in population. Today the city of Chanhassen is almost 23,000 in population. Demand in this high zone area has been as high as 1.8 million gallons per day, which is during our summer month periods where we see that high usage. Based upon that they, you know talking with the Fire Marshal for the City, he likes to see a 2 hour fire flow for residential areas in this area. There are also some commercial and some other businesses and school up in this area but based upon his recommendation the fire flow of 2 hours is recommended for this area. Based upon that information, the tank currently as it is today, trying to meet those peak demand periods and also potentially using that same distribution system for fire flows, it’s currently not adequate. It’s, the tank right now is too small for that capacity and that need. Other incidences or other issues surrounding having a smaller storage tanks in the distribution system is that when you hit those high demand periods your pumps and your motors are always kicking off and on and cycling constantly and we can see upwards of 8-10 cycles per day. From that standpoint it would be, the system becomes very inefficient. It’s hard on the pumps and the motors to keep up with that type of demand and creates basically premature wear on your pumps and your motors and also the tank because of the condensation that can be attributed to the high cycling of the tank as well and the coatings of that tank. So another aspect of needing additional storage up in this area is that for power outages, the City utility department has to generate power to these wells and since there is very little storage in this area, the time it takes to get a generator out to a well and have a standby generator up and running is quite small timeframe before you know water pressure is significantly reduced so. Those are the type of challenges that are associated with having a smaller water storage facility in this area. Based upon the analysis that we’ve completed, both looking at what the current demand is, the fire flow demands and then future demands of this area, future growth, we are estimating that the need of a tank is about 750,000 gallons. So the staff has looked at you know several locations in order to potentially site a new tower. Obviously we’d like to site it as close to or you know the existing tower as we can. You know it basically comes down to land availability a lot of times too. Over the last 2 years staff has looked at numerous sites. In the report that was brought before you several months ago there were 6 sites that we specifically looked at. We also looked at Minnewashta Regional Park as a potential site for a new tower and then also Herman Field Park. 22 Chanhassen City Council - July 11, 2011 None of these sites, both of those park facilities did not achieve or we could not get land for siting a tower on, especially on Minnewashta Regional Park property and the Herman Field Park was just, the elevation was, is just too low and it’d be very expensive to build a tower at that site. So we did concentrate our efforts on the Minnetonka Middle School West property. We did specifically look at 4 locations specifically and working with the school district on these 4 sites, Site number 5 seemed to be the best location for several reasons. As shown on here it’s in the southwest corner of the property and shown also on this slide as well. It’s kind of out in back of the school. The school district really doesn’t use this particular piece of their campus for recreational or other activities. There’s currently a storm water treatment pond on this location so it seemed to be the best location to utilize in terms of less impacts to the school district. We also looked at shadow potential impacts if a tower were to be built on this site. This drawing kind of shows where the maximum shadow would be during different time periods during the year. This is kind of an extreme case. Typically there’s, you need to look at well trees and other buildings and other obstructions that would create additional shadows here so what this is really it comes down to basically showing that most of the, if not all of the shadow impacts are going to be more on the school property and not on, and on park property and not on more residential type properties. We also looked at you know impacts to residential properties in terms of sight distances and visual impacts. Again the southwest site is shown here. The nearest structure, residential property, house per se is about 230 feet away from where the tower will be constructed. The next nearest one is 395 feet away from that tower. The other locations that we looked at are substantially closer to existing residential properties. So based upon you know that study and what we’ve looked at in working with the school district representatives, that southwest corner of the site seems to be least overall visual impacts to residents in this area, least disruptive to the school operations and potentially future campus improvements as well and it also allows for the City, a good hydraulic connection to our existing watermain. Trunk watermain which is on 41 which would be easily tapped into. So based upon that information we wanted to detail and looked at how the tower could be constructed on this site. Shown here is where the existing pond is currently built. What staff has come up with in working with the school district is to move that storm water treatment pond to the north into the hillside here a little bit. Using that material to raise up the ground elevation in this location so the tower doesn’t have to be built as high as well. There would be some 4 foot high retaining walls to facilitate that grading work as well. These ponds are more dry ponds, which currently exists today for better infiltration and storm water quality benefits as well. The storm water would be routed the same location it is today into the Trunk Highway 41 ditch system here and then continue the pond to the south. Again the watermain, trunk watermain, 18 inch watermain from the new tower would be extended to the trunk watermain which is currently in the Highway 41 right-of- way as well. The bituminous drive would connect from the school property driveway, existing to the tower as well and the storm water again would be routed more or less to the same location that it is today. And the water service to the school property would be connected into the new watermain that is planned for the tower as well so it’s a little bit shorter route than it is today. Landscaping, there are a few trees that would have to be removed in conjunction with the project. We are planning to revegetate this area as well with spruce trees and maple trees for screening purposes and for revegetation. And than again like I said, the pond itself would be more or less a dry pond so it’d be able to be mowed in the future if necessary. Couple different types of towers that staff has looked at and discussed. The preferred tower is the composite tower which is concrete column with a steel bowl up on top. This seems to be very competitive tower nowadays. A lot of these type of towers are being built in the metro area right now, and it’s somewhat dependent on steel prices at the time of bidding. What the composite tower allows 23 Chanhassen City Council - July 11, 2011 you is a more cost effective or cheaper maintenance program down the road because you don’t have to paint or maintain the concrete as much as you do the steel for a steel tank as we’re showing here. The 41, on Trunk Highway 41 tank south of Highway 5 here. This is our second choice in terms of tank type that we prefer to see out here. A little bit, probably more expensive to build, construct and there’s probably some additional future maintenance costs down the road again for the painting all the steel between you know 10 and 15 years out so. If the composite tank was selected, this is the façade or the aesthetic treatment that we are proposing to put on the tank. The column piece, it’s basically a form that goes around the tank. The concrete sets again and then come back with a stain, a stained look after the concrete is set and the tower is constructed. This is showing the cross section of the composite tank. Again the concrete walls here would be potentially stained and then there would be a collar up on top here where potentially antenna equipment would be connected to. Currently the Melody Hills tower does have some cellular providers that utilize the throat or the column of the tank. Trying to anticipate where that equipment would go. We’d like to try to have it all in one location and try to hide it in terms of if it has to go on the column that’s, this is the location that we would provide that. Also another benefit for these type of tanks is that you can include or store the cellular equipment within the column itself so staff has made provisions to have the tank, cellular equipment is stored inside on a more or less a mezzanine level. First floor and then there’s provisions made to construct a second level if necessary. Right now there’s 3 providers at the Melody Hills tower, tank. That equipment can easily stored and operated at this first level here and then any future providers could move up to the second level. By including this cellular, putting this cellular equipment inside a column or the tank itself, it eliminates the cellular building, exterior buildings that you would have to have which is currently at the Melody Hills tower, and then it also provides a quieter environment for the neighborhood on the, they probably can be somewhat noisy. The air conditioning units can go in and off a lot of times and with this type of design it’ll allow us again to put the equipment inside. It’s actually cooler so those air conditioner units aren’t going off as often as well so there would be a separate access door location for the cellular providers to access and so they can’t access the equipment or the city equipment or access the tower. They’d have to go through a separate location to do that so. Just wanted to show you a couple views of the tower itself. This is just again conceptual drawings of what the location and the height of the tower would look like. Not per se the aesthetics of it but this is an exhibit showing a rendering of what the tower would look like from Trunk Highway 41 facing south right at the school entrance. Giving the perspective of how high the tower will be and it’s situation on the campus. Here’s a view from Lake Lucy Road at Highover Drive. Basically south of the school campus site. Again size and height is what we’re trying to show you here. What it potentially would look like and then also from Highway 41 on the south side of, or Highway 41 looking north, basically south of the school campus area. And again from the school campus looking south, southwest at their parking lot location. So with that the school, proposed schedule if this were to move forward. The bids opening is tentatively th scheduled for August 12. If we move forward from that City Council considers awarding a nd contract for the tower itself on August 22. Soil corrections and utility work would potentially take place this fall with the construction of the actual tank and additional foundations and improvements taking place, the majority of the improvements taking place the summer of 2012. Painting again, hopefully we can get the painting in 2012. If not, 2013 and then the removal, potential of Melody Hills tower would be thereafter. After the cellular tower equipment is removed so the State shutdown does impact this project too. There is a couple permits that are needed. One is the right to work in MnDOT right-of-way. We still would have to acquire that and then the Department of Health permits as well for review of the tank is still needed as well 24 Chanhassen City Council - July 11, 2011 but we feel confident, or comfortable moving forward at this time, that we can get those permits you know during or sometime around the bid opening process timeframe. Those permits are somewhat easy to get so we’re looking at moving forward with this project if we could. With that, the Planning Commission has reviewed the package and they have recommended moving forward with the project as well. Mayor Furlong: Alright. Very good, thank you. Ms. Aanenson, anything from a staff report? Kate Aanenson: I was just going to add that but Paul caught it so. Did a great job. We kind of wove it together. It’s obviously very technical and Paul knows the project very well so we kind of blended the two presentations and I just wanted to make sure that he did note that, which he th did. That the Planning Commission held a public hearing on the 24 of June and unanimously approved it so, they just looked at the site plan portion so that’d be one of your actions would be to approve the site plan with the conditions in there and then the other two would be the approve the plans and specs and then the purchase of the easement and the school district. Paul Oehme: Maybe I should just touch on the easement acquisition that’s necessary too. The staff has worked with the school district on location again of the tower itself and the need for additional easements, both permanent and then temporary construction easements as well, and then egress easements occurring down the road as well so we can get our equipment in and out and cellular providers through the school property since there is no access off of 41 directly, so school district is working with us on that and they are anticipating to see the easement agreement th on August 4 for consideration. The purchase price for the easement acquisition’s $150,000. Mayor Furlong: Thank you. Questions for staff at this point. Councilman Laufenburger: I have a couple Mr. Mayor. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Mr. Oehme, you talk about the cell tower. We are leasing the Melody Hill tower to carriers, is that correct? Paul Oehme: That’s correct. Councilman Laufenburger: So we get monthly revenue or annual revenue from them. Do we have commitments or do we know that they will move their lease arrangements to the proposed new site? Paul Oehme: The lease agreements that we’ve looked at, it’s stipulated in that, if the City can provide an alternate site, which we think this is an alternate site, that they would have to remove their equipment and move it to the new site based upon you know our maintenance of the tower. Our aspect. If we want to take it down, I mean that’s something that’s our prerogative so. Councilman Laufenburger: So and does, do they move that equipment, the antennas at their own expense? Paul Oehme: That’s correct. 25 Chanhassen City Council - July 11, 2011 Councilman Laufenburger: Did I hear. Laurie Hokkanen: Two of the three carrier’s conversation they have indicated that they would definitely move. This isn’t an issue for them. Councilman Laufenburger: Okay. Laurie Hokkanen: So and I just haven’t talked to the third. Councilman Laufenburger: Okay, thank you Laurie. Also what is the vertical height above ground of the Melody Hill tower right now? Paul Oehme: It’s approximately 130 feet above ground. Councilman Laufenburger: Okay. And I think it’s in here but just for the public, what’s the vertical height of the proposed tower? Paul Oehme: It’s 170 feet. Councilman Laufenburger: 170 feet above ground. Paul Oehme: Above ground, right. Councilman Laufenburger: And that will put the level, the production level of the water at about the same height, is that correct? Paul Oehme: Yeah. It will be exactly the same. Councilman Laufenburger: Okay. Alright. Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions for Mr. Oehme at this time? Mr. Oehme, a couple questions. If you could put the slide back up where you focused on the needs of the, or the various listings. One of the things in this area, and then I’m probably going to have you also look at the high zone slide. One of the things that we’re looking at is the population, Melody Hill was built in 1971 as 200,000 gallons. If you can go to the high zone slide Ms. Aanenson. Probably your comments here too. It would seem to me that a significant portion of the high zone has developed since 1970. Just looking at these neighborhoods. You’ve got the Longacres neighborhood in there and you’ve got the new ones by Westwood and Highover and. Kate Aanenson: Pinehurst and. Mayor Furlong: Even the properties to the east there, I would guess some of those have also developed since, in the 80’s and 90’s since this. Kate Aanenson: That’s correct. 26 Chanhassen City Council - July 11, 2011 Mayor Furlong: Okay so Mr. Oehme, when we go back to the previous slide and you’re talking about the current and future growth, a lot of that, it would seem to me that if in this high zone much of it’s already been developed since the first tank was put in, that at some point that 200,000 gallon size reservoir was appropriately sized. We passed that some time ago, is that a fair statement? Paul Oehme: Absolutely. Mayor Furlong: If we need 750 now. Paul Oehme: Right. Absolutely. Yeah I mean currently really we’re not making our fire flow demands and it’s hard on our equipment right now. Mayor Furlong: Okay so, and I guess maybe going back to the high zone chart there. While much of the development has occurred since this reservoir was put in, there isn’t as much to go as already has been developed… Kate Aanenson: I think that’s a true statement. I think what’s different about this, some of the older parts that were built there probably didn’t put sprinkling systems and the like. You have a different product type. A different expectation that’s out there and I think that reflects on the peak demand that the City Engineer put up so those lots, some of those have swimming pools and sprinkling systems so it’s a different type of product that’s out there than was probably built in the 70’s so the demand. Mayor Furlong: Okay, and I’m not questioning the decision of the prior council. Kate Aanenson: No, no. Mayor Furlong: I’m just saying in terms of the capacity of this. Kate Aanenson: Exceed demand because of the desired housing type and uses was different. Mayor Furlong: Have evolved as well as development. Kate Aanenson: That’s my point, yeah. Mayor Furlong: Yeah, and that’s very fair and thank you for sharing that because it seems to me that the vast majority of the need for this tower is based upon current residents. Current construction. Paul Oehme: Absolutely. Mayor Furlong: Even though any future discretion would just add to the lack of capacity of the current tower. Paul Oehme: Exactly. 27 Chanhassen City Council - July 11, 2011 Mayor Furlong: Is there any, when you talked about installing the cellular equipment inside the tower structure itself, one of the things we talked about at our earlier work session was looking at construction materials and looking at bid alternates for the different construction materials is something that we just naturally will go out and do, even if we think it might be a certain type. We’re going to look for the different types. Is there any change in the design if we went with different types of construction materials or would it, would it still be constructed in a similar manner with having all that cellular equipment internally of the structure? Paul Oehme: No, we looked at both. Both the composite tank and the fluted column concrete, or steel tank. Actually we visited the City of Minnetonka a couple weeks ago and they have the same set-up that we’re looking at in terms of putting the cellular equipment in and they have a fluted column tank. That steel tank that they put their equipment in so based, and you know for a certain amount of structural standpoint, Doug Klamerus is here to talk, if you’d like to talk to him about, from SEH about any structural designs related to that but we’re looking at again, bidding out both types. Mayor Furlong: I’m going to keep it at the high level. I don’t want to get into the design but my question is, I like the concept of including that equipment inside the structure itself for the reasons that you mentioned. And what I’m hearing is, regardless of construction materials we can include that aspect. Paul Oehme: Yeah, either type of tank that we’re looking at we can incorporate that cellular equipment inside the tank. Mayor Furlong: Okay, alright. Very good. And then Ms. Aanenson, on the site plan approval process. We went through the Planning Commission. I always like to confirm this. Since the City was the applicant, I assume we followed our own rules that we would expect a private party to follow both in terms of the process and the reviews and. Kate Aanenson: Correct. Notified everyone within 500 feet, plus there was residents there that were, you know the closest neighbor obviously has some concerns about visual impacts. There’s people on the other side that were more excited to see it potentially move to a different location. Paul Oehme: And Mr. Mayor, we did have a neighborhood meeting prior to the Planning Commission meeting too and we invited more people than we were invited to the Planning Commission meeting too so, so we try to get the notice out as best as we could. Mayor Furlong: And this is a permitted use within the zone. Kate Aanenson: That’s correct. Mayor Furlong: So there wasn’t any changes, okay. If there are no other questions, I bring it to council for comments. Thoughts. Observations. Oh, Mr. Gerhardt. You want to say something? Todd Gerhardt: Paul could you talk about, is there another water tower in the high zone that we could utilize? 28 Chanhassen City Council - July 11, 2011 Paul Oehme: Currently there’s only one tower within the high zone. That Melody Hills tower that we’re referring to. That 200,000 gallon tank in the high zone. Todd Gerhardt: And that’s the one that’s under capacity. Paul Oehme: That’s the one that’s under capacity, correct. Todd Gerhardt: We have other water towers in the community. Can we utilize any of those or make those larger that could work in this area? Paul Oehme: Not in this area. Our key financial, looking for it in our CIP has another tower in the low zone as well for future demand. When basically area south of 5 develop. We don’t have the ability right now to pump water from the low zone up into the high zone because this area is segregated. It’s such, it’s so much higher in elevation than the other parts of town so that’s the dilemma that we have. We just really can’t utilize the water from the low zone area into the high zone because basically if we open the valve from the high zone down to the low zone, all the water’s going to run to the low zone so we’re kind of stuck with what we have right now. Mayor Furlong: And the high zone is as much a, it’s a function of topography. Paul Oehme: It is, absolutely. Mayor Furlong: It’s elevation. Paul Oehme: It’s elevation. Mayor Furlong: It’s the glacier’s fault. Paul Oehme: We just can’t have one… Councilman Laufenburger: Blame Mother Nature. Councilman McDonald: Excuse me Mr. Mayor, if I could just add. I thought at one time one of the reasons for putting in the second water treatment plant was that would then give us the cross connect. Paul Oehme: It would. Yeah, it would definitely give us a cross connect but again it’s that storage capacity need and then when we get the future water treatment plant then we’ll have a little bit, a lot better ability to utilize. Councilman McDonald: Yeah to go between zones but for right now we don’t have that ability at all. Paul Oehme: Exactly. Councilman McDonald: Okay. Mayor Furlong: Thank you. Councilman Laufenburger. 29 Chanhassen City Council - July 11, 2011 Councilman Laufenburger: Two follow-up questions. Can you talk a little bit about the safety of these water towers? For example I think back to my childhood growing up in Waconia and there was a water tower, obviously. I mean it was conspicuously built no more than 50 feet away from a house right below it and the water tower exploded in the winter and water fell down on this home. What’s to prevent that from happening with these? Paul Oehme: Well. Councilman Laufenburger: First of all there’s no house immediately below it at this location, right? Paul Oehme: Exactly. It’s like I showed on the different slide, the nearest house is 230 feet away. There is a storm water conveyance system that we designed. I can show you that too here for any overflow of the water in the tank, if we have a spillage or anything else. The water does end up in the storm sewer system as well, and then it ends up in the pond here. Councilman Laufenburger: Into the 41. Paul Oehme: Exactly. So there’s some safety mechanisms there as well. In the wintertime, you know in the past we’ve had some freezing problems but it’s the operators, utility operators objective during the winter months to bounce those tanks as much as you can. Once the water gets stayed. Councilman Laufenburger: Bound the tanks. Paul Oehme: Bound the tanks. Councilman Laufenburger: What does that mean? Mayor Furlong: The water level. Paul Oehme: Bounce the water level, yeah. Move the water level up and down the column. Councilman Laufenburger: I’m not a water engineer so. Paul Oehme: As much as you can. Councilman Laufenburger: I mean I drink water but I just don’t know that much about the engineering. Paul Oehme: Yeah so we try to move that water up and down as much as we can so we don’t have that stagnant water that has the ability then to freeze. Councilman Laufenburger: Okay. Second question. I’m reading that this water tower is going to cost 2 million dollars roughly. What’s the immediate impact on the citizens of Chanhassen or the high zone specifically related to their water bill as a result of this? 30 Chanhassen City Council - July 11, 2011 Paul Oehme: There is no immediate impact. This facility improvement project has been planned for several years. It’s, a lot of, the majority of the cost for the tank is built into those connection fees for new houses, new developments. There’s some cost associated with current water usage but it’s built in. It’s been budgeted for and. Councilman Laufenburger: Okay. Alright, thank you Mr. Mayor. Mayor Furlong: Alright, thank you. Other questions. Discussion then. Thoughts. Comments on the proposal in front of us. Councilwoman Tjornhom: I think the best comment was made probably by the Planning Commission that said that you know they were doing this for a reason of public safety and a provision to keep water capacity for the northwest part of the city that I think pretty much says it all. That that’s why they’re doing it for public safety and it’s been in the works for a while and it’s a part of, we just had a work session about disasters and being prepared and I think this is part of that also. Being prepared for whatever happens to our citizens and making sure that we as a council and as a city make sure that everyone is protected and can adequately be protected and this water tower helps at least our fire department do that. Mayor Furlong: Thank you. Others thoughts, comments. The one request that we received, we did receive a request from Mr. Clark. He spoke I know at the Planning Commission. He had sent a request that’s included in the packet. I guess I’d be interested in council members comments or thoughts. I know the City has had discussions with Mr. Clark and has been working with him to try to mitigate some of his concerns, is that correct Mr. Oehme? Paul Oehme: Right, and we’re still planning to work with him to try to address his concerns the best we can. Mayor Furlong: Okay. Any thoughts or, I’m sorry. Any thoughts or comments from the members of the council for direction to staff in that regard. Councilwoman Tjornhom: I think I feel comfortable letting staff still continue to talk to him and negotiate, and then it will come to us I’m sure if they can’t work it out. Mayor Furlong: Okay. Alright. That sounds fine. Thank you. If there are no other comments we have three items before us this evening. I assume Mr. Knutson we can take all three of those in a single motion. Roger Knutson: That is correct. Mayor Furlong: Okay. Todd Gerhardt: To get the most flexibility in the resolution, instead of putting a specific date award of bid, if we can say basically a future City Council meeting. That would be nice. I think nd we have August 22. With the State shutdown we need the health department approval on the design of this so whatever flexibility we can have in waiting for that approval. 31 Chanhassen City Council - July 11, 2011 Mayor Furlong: I don’t want to go backwards but do we have some people here that might want to provide some public comment on this issue or not? Todd Gerhardt: Yeah, we have representatives from the Minnetonka School District here. Mayor Furlong: Good evening. Please come forward. And I apologize for skipping by that part. Paul Bourgeois: That’s okay. Thank you Mr. Mayor, members of the council. I’m Paul Bourgeois. I’m the Executive Director of Finance and Operators for Minnetonka Public Schools. Mayor Furlong: Welcome. Paul Bourgeois: Thank you. Just want to say that we’ve been actually very pleased to be working with Paul and Todd and the city staff on this project. I think it’s a good solution. It’s going to help all the people in the area and we serve all the citizens together so we appreciate. We think it’s going to be a nice improvement to the public safety aspects of the area and then as far as the dollars that we’re going to be using, we’re actually applying those, it’s kind of twofer for the community. We’re applying those to help pay for the tennis courts that we have under construction up at the middle school. We have over 100 girls typically going out in the spring and almost 100 boys in the fall playing tennis and so we’re replacing 2 broken down courts and basically then adding 5 for a total of 7 so they can have middle school meets that are the equivalent of a Minnesota State High School League meet as the program grows. So it’s going to be available for the students but it’s also going to be available then for the public so we hope everybody gets up there and grabs a racket and goes knock a ball around a little bit. Mayor Furlong: Excellent. Very good, thank you. Paul Bourgeois: Thank you. Mayor Furlong: Thank you for being here and those comments. We appreciate it. Todd Gerhardt: Mayor, council. I’d just like to thank School District 276 for their support in this. What an excellent collaboration. Mike and Paul have been great to work with. Dr. Peterson. We went to the school board and presented our plan. They were very supportive and thank you guys for all your support in this and what a perfect collaboration. I mean really this is the only location we can have this and they didn’t use that against us in appreciation for the land so, you know I make that comment. Mayor Furlong: Well it’s not over yet so. Todd Gerhardt: So we really appreciate our partnership with the school district and it’s great when you get two government agencies working together. Mayor Furlong: Very good, thank you. Appreciate those comments and we echo those statements of gratitude as well so thank you. Any other comments or thoughts on this? If not, getting back to where I was a few minutes ago. We do have 3 motions in front of us that can be considered in a single motion if members of the council are in agreement. Would somebody like to make a motion please? 32 Chanhassen City Council - July 11, 2011 Councilman Laufenburger: I’ll try it Mr. Mayor. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: I would, I move that the Chanhassen City Council approve the site plan for water tower located at Minnetonka Middle School West, plans prepared by SEH dated July 11, 2011 subject to the conditions of the staff report and adoption of the Findings of Fact. And move that the City Council approve the plans and specifications and authorizes advertising for bids for a new water tower located on Minnetonka School District 276 property, 6421 Hazeltine Boulevard in accordance with the resolution as modified by Mr. Gerhardt removing the specific date. And third, move that the City Council approve an agreement for purchase of the easements for a water tower with School District 276 on the Middle School West property contingent upon the school district approving the agreement and the City Council approving a contract for construction of the water tower. Mayor Furlong: Thank you. Motion’s been made. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Councilman McDonald seconds the motion. Any discussion on the motion? Todd Gerhardt: Mayor, I have one comment for the attorney. Will that easement agreement give us the flexibility for some reason we don’t award bid that that contingency’s in there? Roger Knutson: Yes. We’re only approving it contingent upon us using that piece. Todd Gerhardt: Okay, good. Mayor Furlong: Thank you. Any other discussion on the motion? Hearing none we’ll proceed with the vote. Councilman Laufenburger moved, Councilman McDonald seconded that the City Council approve the site plan subject to the conditions of the staff report and adoption of the attached findings of fact and recommendation. The recommended conditions of approval are as follows: 1.The pedestal shall be painted sky blue if a steel shell, or if constructed of a composite concrete material shall be stamped with architectural patterns to mimic block or brick. 2.The light fixture shall have a 90-degree cut-off angle and be shielded from off-site view. 3.Haul routes must be established for the trucking of material off the site. 4.A building permit is required for the retaining walls since they will be at least four feet high. 5.The retaining walls must be designed by an engineer registered in the State of Minnesota. 33 Chanhassen City Council - July 11, 2011 6.The following additional information must be shown on the grading plan: a)Show the top and bottom of wall elevations. b)Provide more spot elevations along the driveway and the area to the north of the driveway, ensuring that minimum 1% grade is achieved on paved surfaces and minimum 2% grade is achieved in the green area. 7.A plumbing permit is required for the proposed sewer relocations. 8.Contact the Utility Department at 952-227-1300 a minimum of 48 hours before tapping into the existing watermain. 9.MnDOT permits are required for the proposed watermain and storm water pond outlet pipe. 10.Tree protection fencing shall be installed at the edge of the grading limits. 11.A building permit is required. 12.Geotechnical investigation and report required. 13.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. 14.Portions of retaining wall(s) exceeding four feet in height must be professionally designed. 15.The owner and or their representative shall meet with the Inspections Division to discuss plan review and permit procedures. 16.If the total disturbance exceeds one (1) acre in area an NPDES General Stormwater Permit for Construction Activities will be needed from the MPCA. 17.If an NPDES Permit is needed, a Storm Water Pollution Prevention Plan will need to be prepared and submitted for review and the conditions of the permit must be met. 18.The outlet to the right-of-way for MN Trunk Highway 41 will need to be stabilized immediately upon connection. 19.The pond must be protected from sedimentation to the greatest extent practicable during construction and all sediment deposited during construction must be removed to return the pond to the design conditions. A record drawing shall be prepared showing this condition to be met. 20.The plan must address the comments from the Carver County SWCD. 21.The proposed conditions will result in a decrease in runoff rate for the 2, 10 and 100-year events and an increase in total phosphorus and suspended solids removal. 34 Chanhassen City Council - July 11, 2011 22.The underdrain bedding material shall be washed river rock wrapped in a high-flow filter fabric. 23.According to the Carver County Soil Survey and double ring infiltrometer tests performed by the School District, this site may well be conducive to infiltration. To this end an additional hold down should be constructed below the underdrain such that the feature is a filtration/partial recharge feature as described in the Minnesota Stormwater Manual. 24.Eliminate CBMH 109 and bulkhead the outlet from the upstream structure to the west. Move CBMH 107 to the east into the location of the existing manhole. Replace this structure as needed and outlet to the pond. The end result will be a single outlet point into the first cell near the pinch point of the 1035-foot contour. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution#2011-48: Councilman Laufenburger moved, Councilman McDonald seconded that the City Council approve plans and specifications and authorizes advertising for bids for a new water tower located on Minnetonka School District 276 property, 6421 Hazeltine Boulevard with the amendment that award of bid be at a future City Council meeting rather than specifically August 22, 2011. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilman McDonald seconded that the City Council approve an agreement for purchase of easements for a water tower with School District 276 on the middle school west property contingent upon the school district approving the agreement and the City Council approving a contract for construction of the water tower. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone and appreciate all the efforts on this. Look forward to seeing this back again. With that we’ll move now to Council Presentations. Thank you gentlemen. COUNCIL PRESENTATIONS: Mayor Furlong: Any presentations for the council? Councilwoman Tjornhom: Yeah. Mayor Furlong: Councilwoman Tjornhom and then Councilwoman Ernst. Councilwoman Tjornhom: Sorry. Councilwoman Ernst: No, go ahead. th Councilwoman Tjornhom: I’ll just say that the 4 of July was once again, it was a good time to be in town. Couldn’t go to a State Park but you could certainly come to Chanhassen, and that was a good thing. I especially was really impressed with the coverage that the news gave us, with what the American Legion did. That was very touching and it was very heartfelt I thought. 35 Chanhassen City Council - July 11, 2011 Their appreciation they showed to the families and children of our officers serving, protecting us overseas and so I’m always so proud to live here but I think I was even more proud being here that day and then watching it on the news that night. So I just want to thank everybody in th Chanhassen for another well done event for the 4 of July. Mayor Furlong: Thank you. Councilwoman Ernst. Councilwoman Ernst: So with that I just really wanted to thank Todd and city staff for the great th job that they did on the 4. Made it another successful year. And really to Councilwoman Tjornhom’s point, honoring the children of the parents that serve overseas was very emotional for me and seeing them in the parade and seeing our residents stand and applaud them. That was very awesome. And also I just want to thank Mediacom for the coverage that they gave with putting the whole thing together. As I understand it they’re going to be making a DVD and sending that to the men and women serving the country so. th Mayor Furlong: Any other comments on the 4 of July? I would concur with the comments made already. I’d also like to recognize the number of different civic organizations that were involved. Todd and his staff. John especially do a great job there but I think they’d be the first to say that without organizations such as the Chamber of Commerce, the Rotary, all the restaurants that participate in the Taste of Chanhassen, the people that participate in the Classic Car, obviously the parade itself is put on by the Rotary with participation of 80 to 90 different groups. It truly is a city wide event and the numbers bear that out in terms of the attendance numbers. I had unsolicited multiple comments this year from residents who were so pleased to be a part of it. You know thanking the City for all that they did and all the other organizations saying you know we used to go out of town. Now we don’t anymore because we know that we’re leaving more behind when we leave than by staying here and so I think that’s really a th credit to how the event has grown over the years to really be a reason to stay in town for the 4 of July and it’s a credit to everybody involved. Clearly city staff. Carver County Sheriff’s office. I know fire department is very active and there’s just so many people as we all know. I know I’ve missed somebody by not saying them but if I missed you we appreciate your efforts too to whatever purpose so really just a great event. Now the 2 day event has become 3 and it continues to grow and expand so to everybody involved, thank you. Thank you council members for your comments there as well. Todd Hoffman: It's back to 3. It was 3 for quite a number of years. Mayor Furlong: Back to 3? Well now I’m dating myself. Now I’m dating myself. Todd Gerhardt: Mayor just, I would like to thank all city staff. Everybody that you mentioned and they work very hard. Volunteer firemen. The sheriff’s office had a big presence this year and I know there were a lot of volunteers there too that gave their time and gave up their th Saturday and Sunday to work that 4 and they enjoyed it you know. When I talked to them, they like working the event and you know so that’s good and the key thing was, is nobody was hurt. You know safety was just perfect. We had the right amount of people out there and we did have the tent go down on the Friday night winds but that was, there was nobody underneath it so that was a good thing and they had it back up by noon on Saturday so it was just a great event and a safe event. 36 Chanhassen City Council - July 11, 2011 Mayor Furlong: Thank you. Other presentations? One comment that I’ll make in having conversations with Mr. Gerhardt regarding upcoming agenda items. Currently our, a number of items for our next scheduled meeting at the end of July, or second July meeting is very limited and it would be my expectation to cancel that meeting just due to lack of items and moving things forward to August meeting. The one thing that I will say that might change that, and I hate to put this, would be is, depending upon the progress of information being received with regard to the lake associations and that issue because that is, it’s an issue we’ve been working with for a number of weeks, and it’s been going into months now and there are a number of questions that need to be answered, as you heard earlier this evening, and I know Mr. Gerhardt and his staff will continue to work with them, but to the extent that it gets to the point that we believe it’s appropriate and to get it in front of council, that we have answers to some of those questions, we may have a meeting there and I would just ask some flexibility by members of the council if we do call that meeting. We’ll try to let you know as soon as possible but at this point, you know we try not to have meetings if we don’t need them and right now there just aren’t enough agenda items that make sense. th Councilman Laufenburger: That would be the July 25 meeting. Mayor Furlong: That’s correct. That’s correct so, with that Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Just wanted to give you a quick update on our street projects. Timberwood will be paved no later than next week. Santa Vera finished the removal for the mill and overlay in that area. Paving should occur probably later next week. Tuesday at the earliest. And then they th will start the milling on July 19 in the downtown area. That would be the area basically west of Market Boulevard in front of Target and Byerly’s, all the way down to Office Max. So with the expectation of having it pretty much all buttoned up here by the end of July. Councilwoman Ernst: Mr. Gerhardt? Mayor Furlong: Yes, questions. Councilwoman Ernst: Mr. Gerhardt, I just want to thank Paul for his follow-up. I know I had some concerns on the Audubon project and I brought those to your attention. I actually went out there and drove it myself just to see what kind of problems they were having and anyway thank you for going out there and following up on that one. I think we addressed all their safety concerns so. Todd Gerhardt: Yeah. And there’s some sight line traffic moved a little closer to a resident that had concerns. Paul met with them. You know it’s, we’re limited of what we can do in that area and so you know Paul met with them. Talked with them and we’re trying to work out what we can do. That’s all I have. Mayor Furlong: Alright, thank you. Other questions for Mr. Gerhardt. 37 Chanhassen City Council - July 11, 2011 CORRESPONDENCE DISCUSSION. Councilman Laufenburger: Twins fans will be happy. Mayor Furlong: Yes Mr. Councilman Laufenburger, would you like to say why. Councilman Laufenburger: Well Mediacom has reached agreement with Fox Sports North to now broadcast those, what are identified as surcharged games so I would hope that Mediacom subscribers are now happy because they can see all the Twins games and since the Twins will likely win the Central Division this year, even though they’re 7 games back. It’s a fairy tale season Mayor Furlong. Red Birds and all. Mayor Furlong: Somehow we had to get the Red Birds in there on Mediacom. I’m not quite sure. Todd Gerhardt: How did the Red Birds do at the Chanhassen, City of Chanhassen and appreciation game? Councilman Laufenburger: Despite the fact that Mayor Furlong threw. Mayor Furlong: Where’s my gavel? Councilman Laufenburger: No. Todd Gerhardt: It was straight down the middle. Councilman Laufenburger: He just pitched it right down the middle. The Red Birds had a wonderful evening and the Red Birds beat St. Peter 2 to 1 so Mr. Hoffman, I know St. Peter is your stomping grounds but we had to stomp on the St. Peter Saints that night. Todd Hoffman: Close but a little further. Mayor Furlong: It was a great evening and a great turnout by city staff and representatives from Carver County I think everybody was there, it looked like they were all having a great time so thank you to the Red Bird organizations for their hospitality. Councilman Laufenburger: I’ll extend that thanks to them. Todd Gerhardt: And Lake Hazeltine is in the Chanhassen area. Mayor Furlong: Former Chanhassen township. Councilwoman Ernst. Councilwoman Ernst: Mayor I do have a comment to Councilman Laufenburger’s comments with regards to the pitch that the mayor made. I don’t know what that was but I can tell you that he did get the option to sing if you remember correctly. Mayor Furlong: That is correct. 38 Chanhassen City Council - July 11, 2011 Councilwoman Ernst: You didn’t take that one too well either. Mayor Furlong: He did not but I’m glad my gavel is still close. It was a great evening and the th 7 inning stretch everybody joined in singing that so it was good. Good. Other comments this evening in the correspondence packet, or any other comments? Thank you. If no, if there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilwoman Ernst moved, Councilman McDonald 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 9:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 39