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CC 2012 02 27 CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2012 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and PUBLIC PRESENT: Greg Fletcher 7616 South Shore Drive Steve Donen 7341 Frontier Trail Steve Jenks 7490 Chanhassen Road Perry Forster 9505 Highview Drive, Eden Prairie Tom Devine 7640 South Shore Drive Steve Wanek 6615 Horseshoe Curve Mayor Furlong: Very good, thank you and welcome everybody. This is the regularly scheduled Chanhassen City Council meeting. At this time I would ask members of the council if there are any changes or modifications requested of the agenda. If not, without objection we’ll proceed with the agenda as published. Introduction Todd. Hi. Andrea Poehler: Hi. Andrea Poehler here for Roger Knutson tonight from Campbell-Knutson. Mayor Furlong: Very good, thank you. Welcome. Appreciate you being here. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Laufenburger 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 February 13, 2012 -City Council Verbatim and Summary Minutes dated February 13, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated February 7, 2012 b. Approve Annual License for Microsoft Software. Resolution #2012-10: d. 2012 Infiltration/Inflow Project 12-05: Approve Quote. Resolution #2012-11: e. TH 101 Improvements Between Lyman Boulevard and Pioneer Trail: Approve Right-of-Way Agreement with MnDOT and Appraisal Contract with Patchin, Messner & Dodd. Chanhassen City Council – February 27, 2012 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Steve Donen: You guys have heard most of this. Oh, Steve Donen. Mayor Furlong: Thank you. Steve Donen: Steve Donen, 7341 Frontier Trail, Chanhassen. I’m here to talk about, to thank you all for your previous work session discussion around AIS’s. Thank you for taking it on as a major issue for the City and the City Council and we’re, we are very glad that we’ve started down this path of finding a program to prevent the infestation of our lakes from zebra mussels or AIS’s. I’m going to point out a lot today that Chanhassen is one boat away from infestation of it’s public lakes. One boat away. So you’ll hear that numerous times today. This next slide is basically again one boat away and what happens with zebra mussels is they, basically after their life is about 3 to 4 years, they die. They become razor sharp objects that build up on the lakeshores. The upper left corner there is actually not too far away over in Green Bay, Wisconsin where the tides and the tides in the water movements, currents build up 2 feet of, 2 or 3 feet level there of zebra mussels on the shoreline. The one to the right of that is a little less contaminated shoreline but one that has zebra mussels dead shells on it that people walking on that beach are going to cut their feet. And then the bottom right picture there is a picture of what happens to docks and solid things in the lake where people who might want to normally climb up on a dock to get on top will get cut and severely injured and sometimes can get infected type injuries from the zebra mussels. So swimming activity and our beaches are going to be damaged dramatically from zebra mussels and we’re one boat away from having that happen to our public lakes in Chanhassen. Fisheries. These beautiful little zebra mussels that do clean up the water. They actually will make pretty clean water because they filter all the algae and small plankton and stuff out of the water which then leaves none of the food for the fisheries in the lake so they basically wipe out the beginning of the food chain for the fish in the lake. There’s many, this has been proven in the big lakes. If you look at the Great Lakes there’s data that says they’ve lost about 70% of their fisheries already. You can only imagine after a few years in a lake like any of the Chanhassen public lakes, what that’s going to do to fisheries in our lakes. So fishermen are going to lose their ability to fish in our lakes…other places at that point and we’re one boat away. The only proven method, and it’s been proven in some of the bigger lakes in the country. Lake Tahoe for example is 100% inspection of boats. Is the only, or watercraft entering the lake is the only way to prevent them, or have a good shot of preventing them. Anything less than that you’re asking for trouble. Again one boat. Last year data from Lotus Lake where we did over 980 inspections, close to 1,000 Tom, we basically saw about 15% of the boats that were coming were, had come from lakes such as Minnetonka, which is infested, and had water in them, okay. And water’s the key thing for the…in the transportation of zebra mussels between lakes. Your plan of partial inspections I saw represented by your staff today basically almost guarantees an infestation in Chanhassen public lakes. And the reason I say that is, as I talked about it earlier, Chanhassen public lakes, driving. If you look at drunk driving, they do partial inspections. The police do partial inspections on the roads. We do education programs telling people not to do, what not to do. Not to be drinking and driving. We say it all the time. We do it all the time. It’s a big thing ingrained into our brains but yet people still die from drunk driving accidents, okay. 100%, so it doesn’t seem bode well to say we’re going to train people and we’re doing to do partial inspections to prevent one boat from getting into our lakes. Same thing with smoking. Same issue. We educate people on how bad smoking is for you and you don’t, and we end up with still people smoking and they shouldn’t be so, yet your staff has still recommended partial inspections and education program to prevent our infestation. We’re only one boat away. So my recommendation to you is, you all know the effect of zebra mussels. You’ve all been through training. You’ve been, we appreciate all the joint work we’ve done together on understanding zebra mussels. You know the only proven method for the solution. You’re well involved and well knowledgeable on that. Yet the staff has presented a plan that I 2 Chanhassen City Council – February 27, 2012 consider doomed to fail. And I will ask you again to reconsider and redirect your staff to spend the taxpayer’s dollars money on an effective 100% inspection program that will give the greatest opportunity to prevent the Chanhassen public lakes from infestation from AIS’s. Thank you very much. Tom Devine: My name is Tom Devine. I live at 7640 South Shore Drive in Chanhassen. I’d like to start this evening, thank you for spending the time earlier this evening on your work session and absorbing the data and coming up with a preliminary plan and actions to move forward with the, addressing the issue of zebra mussels and AIS in all of the Chanhassen public lakes. Let me say that many hours has been spent in the last 30 days with the various collaborative entities that are working to try to come to a plan where we change the situation that we’ve had this last year, us and them to a we situation moving forward collectively to address the issues here on the Chanhassen public lakes. A great deal of effort has gone forth to try to come up with a plan, a workable solution that’s going to work for everybody that’s going to seriously address the issue and do what we need to do to prevent the zebra mussels here this next year. We know that significant resources are going to be available in the future, from what we’ve been told from the legislature, the DNR, the Legacy funds, there’s a number of channels that are being worked through right now to present and provide more money. What we’re looking for right now, right now in asking you to address here in Chanhassen for this next boating season. For the 2012 boating season is an effective program that’s going to bring about the orderly change and inspection process that we’re looking for to try to prevent our lakes here from being infected with AIS and zebra mussels specifically. So to the degree that we can all participate together, to the degree that we can all put resources, all the resources from the various entities together, we’re all looking for a path that we can move forward on collectively that’s going to bring about the positive results that we all I think want to have see happen right now. It’s taken a tremendous amount of effort on your part, your staff’s part to bring about what we need to do is to collaborate together to come up with a workable solution that is going to be ultimately effective and to that end it hasn’t been done before. There’s a lot of varying and political and geographical and all sorts of different issues that get in the way of this but I think if we all have one common goal to try to prevent the infestation I think we will go a great ways in serving really the public domain of the water. Of the waters that we have here in Chanhassen and try to do what we all want to see happen in terms of the prevention of that. Thank you very much. Mayor Furlong: Thank you. Anyone else for visitor presentations this evening? Okay. Thank you gentlemen for your comments. We’ll move now to the next items in our work session. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Good evening Lieutenant. Lt. Jeff Enevold: Good evening Mr. Mayor, council. Three quick items for you tonight. The first one is I wanted to review the 2011 stats and I want to highlight some of those in comparison with 2010. In 2011 we saw a 6% overall increase in Part I crimes which we know are the most serious crimes. The largest impact on those were thefts. There was a 23% increase on Part I thefts in 2011 and if you remember I stood before you many times last year and we talked about thefts and the criminals and providing opportunities to the criminals. Introducing those opportunities so those were up 23% so clearly I’ve got some more work to do in educating our visitors and citizens and reducing that number for this year so that’s where I’m going to, part of what I’m going to work on. Some good news for some of the Part I crimes. We had a 37% reduction in burglaries so that’s good news. We’ll try to keep that where it’s at. Part II crimes over there was 15% increase. However the largest impact on those Part II crimes was DUI’s. There was a 122% increase in DUI arrests and that’s because we focused with our Safe and Sober grants in the city of Chanhassen and we made some more arrests so 122% increase in Part II crimes. That’s good news in my world. We’re taking intoxicated drivers off the street and making it safer for all of us. Additional good news in Part II crimes, we had a 48% reduction in assaults so that’s a good trend. 3 Chanhassen City Council – February 27, 2012 Overall looking at the Part I and Part II crimes it showed me that Chanhassen is a very safe community and as your liaison I’m going to continue that trend in 2012. Some more good news. It’s full of good news for you tonight for you. Overtime. By adjusting our schedule and protocol last year when I came here we were able to reduce our overtime hours by 23% in 2011 so, and that reduction was done without compromising officer safety or public safety so I’m going to continue to monitor that. Adjust that protocol as we need to, to keep those numbers down. The last thing I have for you is, I wanted to say thanks for your support of the 2012 policing model. That includes the two patrol sergeants. They’re now in place. The model is working great. I think you guys know the two sergeants who are assigned up here. Pete Anderley is one of them. He used to be up here talking to you folks and John Bromwell is the other one. Last year I introduced him as a corporal. A new corporal up here. He has since been promoted and he raised his hand and said I’d like to be up here in Chanhassen for 2012 and both those are going to be a great fit in the community and they’re going to do a great job for us so with that I’ll open it up to questions or comments you have for me. Mayor Furlong: Thank you. Any questions for the Lieutenant. Mr. McDonald. Lt. Jeff Enevold: Yes sir. Councilman McDonald: I had just one. You talk about the education and everything. Would you kind of speak to that as to what has caused those burglaries or those break-in’s to go up? Lt. Jeff Enevold: The thefts from vehicles? Again they’re crimes of opportunity and we’ve talked about that many times. It’s leaving your valuables in plain sight in your vehicle. Laptops, GPS, computers, all these things and the thieves walk by and see that and it’s just a crime of opportunity. They smash the window, open the door if it’s unlocked, take that stuff and away they go. And we spoke to that last year at National Night Out. I know the Mayor was with me and we’ll probably do that again this year. I think that’s the big ticket again this year and I’m hoping to see those numbers reduced at the end of this year. Councilman McDonald: Is there any one particular spot in town where you see more of these than say another? Lt. Jeff Enevold: Parking lots are probably a good one. Lifetime Fitness got hit hard. Some of the parks where there’s you know higher volumes of cars. You know mostly the neighborhoods. Some of the neighborhoods if you leave stuff out in your driveway but mostly the higher volume parking lot areas. Councilman McDonald: Well I just wanted to give you an opportunity to start your educational program tonight. That’s why I asked the question so thank you. Lt. Jeff Enevold: Perfect. I appreciate that. Mayor Furlong: Any other questions? Councilman Laufenburger: Just one. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Lieutenant Enevold, just my compliments to you and your organization for following through and reducing overtime hours. Obviously the program you put in place is working. I do want to ask you a little bit about some of these percentages. Did I hear you correctly that thefts are up whereas burglaries are down, is that correct? 4 Chanhassen City Council – February 27, 2012 Lt. Jeff Enevold: You heard that correct. Councilman Laufenburger: Okay. And you also said Part II crimes are up 122%? Lt. Jeff Enevold: DUI. Councilman Laufenburger: DUI, 122%. Lt. Jeff Enevold: That’s a Part II crime. Councilman Laufenburger: And you also said 48% reduction in assaults. Lt. Jeff Enevold: Yes sir. Councilman Laufenburger: Okay, so that’s within Chanhassen. Lt. Jeff Enevold: Correct. Councilman Laufenburger: Have you looked at Chanhassen as compared to surrounding communities? Are the surrounding communities similar patterns, meaning crime is kind of following those same percentages or are those people that aren’t committing burglaries in Chanhassen, are they committing them in surrounding area? Or are the reduction in assaults, you know are they moving to other communities? Is there something that’s happening in Chanhassen that would say you know we do a better job preventing assaults than in other communities and I’m not asking you to answer that right now, unless you know it, but it would be interesting to know how do the crime statistics, especially comparing 2011 to previous years, how does that compare not just in Chanhassen but in the surrounding communities as well. Lt. Jeff Enevold: That’s a great question and I will look into that. Councilman Laufenburger: Thanks Jeff. Mayor Furlong: Any other questions? Councilwoman Ernst. Councilwoman Ernst: Lieutenant, I too want to thank you for all the efforts that you did on the overtime and reducing that by 23% and I hope that you’ll take our message back to the sheriff as well because that’s a huge win. Thank you so much for doing that. Lt. Jeff Enevold: You’re welcome. Mayor Furlong: Thank you. Anything else? Any issues with drive off’s at gas stations? Are we seeing an increase as gas prices go up? Lt. Jeff Enevold: We haven’t seen any of that as of yet. Mayor Furlong: Have not? Lt. Jeff Enevold: No. Mayor Furlong: Excellent. Okay. 5 Chanhassen City Council – February 27, 2012 Lt. Jeff Enevold: Keep our fingers crossed. Mayor Furlong: Fingers crossed, okay. Very good, thank you. Lt. Jeff Enevold: You’re welcome. Mayor Furlong: Chief Wolff is here this evening. Good evening Chief. Chief John Wolff: Good evening everyone. Mayor, council. We’ve had a very mild winter and mild winter means low calls. We’re down 40% which is, that’s an unusual statistic for our business. The numbers have a tendency to you know even out over time but I just, in my 25 years have never kind of seen this, this sort of lull. Fires, zero fires. We had 4 this time last year. False alarms are down 60%. We can attribute some of that to the fine work that our Fire Marshal and Deputy Fire Marshal do in terms of managing systems proactively but medical calls are down 60% year to date so, and those are some of the, some of the types of calls that we normally see a pretty even pattern. Having said that, the mild winter is ending tomorrow is the memo I got. Councilman Laufenburger: Tonight. Chief John Wolff: 12 inches of icy, slick snow so kind of word of warning for folks. We’re expecting really an ice storm/snow storm here. It’s right on the temperature line so it’s going to be slick for drivers and we haven’t had a lot of bad winter driving so I think we’re going to get our share of it over the next 2 days so just word, a word of warning. It’s also been without a lot of snow it’s been extremely dry. We’re expecting a very busy wild fire season. Even in the city of Chanhassen we still have a lot of undeveloped land so the state kind of experts are very concerned about the level of dryness in the state of Minnesota so I’m expecting that we’re going to get busy once the winter, the winter warm winds start coming and generally that’s when we start seeing those types of calls. We’re also expecting an early ice out. The ice really never formed that well this winter. Seeing, well today’s, I think tomorrow’s the last day but a lot of the ice houses were off 2 weeks ago. There’s a few stragglers still out there but I would expect, if we normally see late March we’re probably going to see mid March and maybe even earlier depending. So in terms of the department, inspections and plan reviews are up so we’re starting to see development activity and for our fire marshal’s office training commitment has definitely been ramped up in the last 6 months. We’re seeing that through this part of the year too. Our compliance program focus has also been enhanced and so we’re addressing things like health surveillance, host testing, meeting our OSHA and NFPA requirements and so forth so. We also started a program late fall that we used to do a while back and that’s customer comment cards so we’re sending out, and I think they’re part of your packet now, customer comments and we share what we get back with the membership and also with our city leadership and what we hope to do there is just there’s opportunities to learn. How we can deliver our services better, we try to address that. So I’ll take any questions from the council. Mayor Furlong: Thank you. Any questions for Chief Wolff? Councilman McDonald: No, I guess I would say that yeah, thanks for the customer comment cards. That really kind of helps I think to go through those and, I mean the ones you submitted are all good. I would hope you would submit the bad ones also so that at least we can begin to get an idea but I think this will help us as far as helping you to determine what the department needs, so thanks for doing that. I think that’s a good idea. Chief John Wolff: You do see 100% of them, and the way it works is it goes into one of our administrative people. They make copies. I get copies. You get copies so. 6 Chanhassen City Council – February 27, 2012 Councilwoman Tjornhom: You don’t burn the rest of them? Chief John Wolff: We don’t. We don’t. And you know the number of runs that we get, there are a certain percentage that actually have a face to face contact either with a resident or someone that we get their name and address so those are the ones where we send the cards out to. There are other runs that you know we just don’t have a name and an address. It’s a car accident or whatever. Mayor Furlong: Okay. Any other questions or comments? Chief, thank you. Chief John Wolff: Thank you. 2012 STREET RECONSTRUCTION PROJECT: APPROVE PLANS & SPECIFICATIONS; AUTHORIZE ADVERTISING FOR BIDS. Mayor Furlong: Let’s start with a staff report. Mr. Oehme, good evening. Paul Oehme: Good evening. Thank you Mayor and City Council members. Like you mentioned I would like to have the council consider approving plans and specifications and authorizing advertising for bids rd for the 2012 street improvement project. Since January 23, which was the public hearing on this project, engineers have been working diligently to complete the plans and specs for the project and I’m happy to say we’re very close to completing those so with that I’d like to ask Kevin Kawlewski with WSB and Associates to give you just a brief presentation on the status of the project to date. Kevin Kawlewski: Thank you Paul. Good evening Mr. Mayor. Mayor Furlong: Good evening. Kevin Kawlewski: Members of council. Appreciate once again the opportunity to come and speak with you on the next step here in the project. What we are looking for tonight, as Paul mentioned, is approval of the plans and specifications and your authorization to advertise the projects to keep it moving forward. Again just to refresh you on where the project area is. It includes Maplewood Circle, Elm Tree Avenue, Fir Tree Avenue, Dogwood Avenue, and South Shore Drive. Or Shore Drive, excuse me. Looking at the proposed improvements, much of this you’ll recognize. This is the same information we went through at the public hearing. We’ll talk a little bit more about some of the details involved with the design tonight and answer any questions you have but what we’re looking at again is a full reconstruction of streets to their existing geometries and width. Looking at sand sub-grade. Drain tile along the edges. New V style curb and gutter. Knock down driveway entrances. Looking at replacement and complete of the watermain, including services. Reconstruction of sections of the existing sanitary sewer and those services in the right-of-way, and again stormwater collection and management improvement. The pavement section that we’re still going with is the 3 1/2 inches of bituminous pavement over 8 inches of aggregate base and the 18 inches of select… You know this is a typical section that was presented at the public hearing. It was reduced from the original feasibility and again that represents a cost difference of about $200,000. The watermain and sanitary sewer, you’ll see it here. The blue is the watermain. We’ll be replacing that completely. The sections in red do represent the areas of sanitary sewer that will be replaced. The sanitary sewer was televised. We reviewed the tapes and we found we’ve got about 1,600 feet of replaced along with 30 individual services. The services will be replaced from the main line to the property line. We will not go into people’s properties unless there is a condition upstream that would warrant it and is asked to do so. The remaining pipe we found is in good enough condition that we do not have to replace it. We will have minor repairs such as chemical grounding joints, short liners, those kinds of things. Stuff that we don’t have to dig up to fix. Again the watermain, it’s 40 years old. It’s all cast iron pipe. We have 10 documented watermain breaks in the area. We are again replacing all of it from 7 Chanhassen City Council – February 27, 2012 the main to the curb stop at the property line. We do have a bid alternate in the plan for directional drill. This was discussed previously and what we’re looking to do with the directional drill is minimize impacts. Speed up the installation time. It will reduce the need for a temporary water system. It will be built in much quicker and we’ll have less disruption to area residents. We can do about 500 to 600 feet of directional drill a day versus 200 feet of open cut so that’s one option that will be incorporated into our bid package. As we look at stormwater management, curb and gutter will be added to channelize water to structures. We’re looking at rain gardens and people that have stepped up to volunteer for those. We do have a piped outlet along Maplewood Circle and it will go along to the northwest out to the Trunk Highway 7 area right-of-way and that’s that area outlined in orange. We do have infiltration basins. People that have volunteered, we’ve got stars on those lots. Those are the people who have said yes, we want them. Okay. So we have had some. We’ve got an infiltration basin in the park. We’ve gone away from the dry pond and we’ll show you some more details on that and we’re still looking at the iron filing system to treat runoff from the area that you see outlined in yellow, okay. The iron filing system, if you look at the typical section of it, it’s a 5 foot section. It’s got clear 2 feet of clear rock on the top of it. A foot of clear rock underneath and the actual filtration system is sandwiched in between the clear rock. We’ve got a stormwater quality structure. Direct surface water will come into that structure. It will swirl. Sediment will go to the bottom of that structure and what’s left will then filter out into that filtration system. Seep down through that and go out a filter, a drain tile underneath where then it will go to the lake so it will be effectively treated prior to getting to the lake. This system will treat the first one half to one inch of a rain event. This is what the Minnehaha Creek Watershed District is seeking to implement. We’re doing our best to incorporate their policies. As we look at the length of the system it’s about 400 feet long on Shore Drive. It’s going to be contained in the north half of the street. Before we had thought that it might take the whole street but the calculations and the treatment and the efficiency we can get in that 400 feet on the north half of the road. Okay. So all the storm water coming from that area that was outlined in yellow will go through this filtration system prior to getting to the lake. Councilman McDonald: Excuse me, can I just stop you? Kevin Kawlewski: Sure. Councilman McDonald: Are there grates over this so when you say the north half of the street, so you would actually drive over it? Kevin Kawlewski: No. This system will be completely underground. Councilman McDonald: Okay. Kevin Kawlewski: It will not be visible. It will be just like driving on a normal street. Mayor Furlong: I guess to clarify. It’s on the north side of the street so it’s on the opposite side of the street as the lake? Kevin Kawlewski: Yes. Mayor Furlong: Okay, and it’s there I assume for a reason or purpose as opposed to being on the south side and collecting more? Kevin Kawlewski: Yes. We have everything, all of our catchment coming down. Water drains from north to south and it will be collected on the north side of the street, filtered through and then drained out at the south end. 8 Chanhassen City Council – February 27, 2012 Mayor Furlong: Okay. Thank you. Kevin Kawlewski: Any other questions on that? Okay. The rain gardens, again we’ve met with 5 property owners who have stated an interest in having the rain gardens. 10 rain gardens were budgeted. Those we bid as an alternate as well so if we do get more that step up and say yeah, I really like this idea, it’s something I want to incorporate, we have budgeted in the project to do that. This is one of the bigger concerns at the public hearing is how do we handle the filtration system in the park. As you can see now we’ve got 3 shallow filtration basins and a filtration basis is, water comes in, percolates down and goes out the drain tile system going through the middle. It will not be a dry pond as was stated before. Water will not sit in there for any length of time. It will rain in. When it rains it will filter in through the pipe. Come down through the park. Will go into these shallow basins. Filtrate through a sand layer and then out. We met with parks representative. There was a concern with maintenance and impacts on what was proposed before so we’ve moved this system to the south end of the park. It’s very shallow. Very flat. This represents the best use of the space we have available. We’re not impacting that open area. It’s designed and laid out in such a way that we’re minimizing any tree impacts in the park, okay. So it fits the topography. We’re not taking up any additional open space. Okay. And this has gone through the park board I believe. Or is scheduled to here in the next week or so but this is, this has been agreed to with Mr. Hoffman I believe has had a chance to review it and we put his input into this so we can discuss that more if there are any questions but this is, like I say this is about the best use of the park that we can get with our filtration and stormwater management. Councilman Laufenburger: Kevin, just a question on that, if you can go back one slide. Kevin Kawlewski: Sure. Councilman Laufenburger: I recall the concern at the time of the public hearing, there was a, I had the impression that there was some raised parts of the ground that would impact the space of the, I think there’s a playground area. So you’re saying we will not impact that playground area, is that correct? Kevin Kawlewski: That’s correct. Councilman Laufenburger: Okay, and will the areas, these three areas that we’re looking at right now, will they be more level? Kevin Kawlewski: Yes. They will be really flat surfaces. 10 to 1 slopes so it’s going to be very, very gradual. Very shallow. Councilman Laufenburger: Okay. Kevin Kawlewski: And the park, if you look you’ll see the paved area with the basketball court. Councilman Laufenburger: Yep. Kevin Kawlewski: Then the area just to the south of that is that playground area. You’ll see everything is now along the tree line. That very southeast corner of the park is where we currently have standing water issues so this will resolve that. We’ll be replacing that outlet so we won’t have that standing water issue. Councilman Laufenburger: And where will that water go? 9 Chanhassen City Council – February 27, 2012 Kevin Kawlewski: That will go down to the south and to the east and it goes to a channel or goes through a vegetated swale out to the lake. Councilman Laufenburger: Okay. Thank you. Mayor Furlong: So filtration pond, will the initial rain water then stand there for a while until it filters through to the drainage place? Kevin Kawlewski: About an hour as opposed to several hours. Mayor Furlong: In a normal stormwater pond. Kevin Kawlewski: In a normal storm, yes. Mayor Furlong: Okay. Alright. Is this, or how much of an improvement is this over what we have currently? Kevin Kawlewski: Currently there is no treatment out there. Mayor Furlong: None at all so now it just sheet drains or it pools… Kevin Kawlewski: It sheet drains and then it will end up standing in that southeast corner for days at a time. Mayor Furlong: Okay. Kevin Kawlewski: And that’s when you start having bug and mosquito problems when water is allowed to stand, it gets stagnant. Becomes mosquito breeding. We’ll be eliminating that issue and allowing treatment at the same time. Mayor Furlong: Okay. Councilman Laufenburger: Have the residents seen this? Kevin Kawlewski: I’m not sure if they have. Paul Oehme: We have mailed out notifications to the surrounding property owners and I think the HOA President was also notified as well so we haven’t, that was about a week and a half ago I think we made those mailings, put out those mailings so we have not heard any negative comments at this point. Councilman Laufenburger: Okay, thank you. Kevin Kawlewski: Okay, anything else on this before I move on? Councilwoman Tjornhom: I had one question regarding the park, I’m sorry. Mayor Furlong: Councilwoman Tjornhom, please. Thank you. Councilwoman Tjornhom: Thank you. Regarding the park and the storm water standing the way it has. Have we ever done anything to try to improve that in the past? With this park or haven’t we? No? 10 Chanhassen City Council – February 27, 2012 Todd Hoffman: No. Previous to this there hasn’t been any water pipes to the park and so it’s just the natural runoff but there is an area down in that corner that they’re referring to that does hold standing water, just in the natural runoff now. Councilwoman Tjornhom: Because I was there at National Night Out and that was a big complaint. That it was always wet. Todd Hoffman: This will improve that. Councilwoman Tjornhom: Okay. Mayor Furlong: So this will actually, Mr. Hoffman this will actually improve it and while there will be some treatment taking place with short time filtration, it’s actually going to move it out of there faster. Todd Hoffman: Correct. Mayor Furlong: Rather than standing for a couple days. Any concerns from you or do you anticipate any concerns from any of the commissioners or residents on this from a park standpoint? Todd Hoffman: I know Terry Jeffery has spoken to at least one of the property owners that was, well spoken to two. One had some concern which once he explained it they were no longer concerned and that was the property owner…adjacent to the first pond. Then one other property owner, not only were they concerned but they were offering up to have a rain garden as well. They were happy to see that there were these improvements going on at the park and they wanted a rain garden in their yard as well so. Mayor Furlong: Thank you. Anything else on this since we’ve kind of interrupted the report but. Kevin Kawlewski: That’s fine. Mayor Furlong: Thank you for accommodating our questions. Great, thank you. Kevin Kawlewski: Okay. One of the other features that we’ve added since the feasibility is the inclusion of SAFL baffles. St. Anthony Falls Laboratory. The intent of these is to reduce the turbulence in our sump structures. So as the water, it’s kind of funny when you say it isn’t it? SAFL baffle. But as the water filters through the base through the baffle, it actually slows it and reduces turbulence and reduces the risk of recirculation and re-suspension of solids. So it’s going to be more effective in eliminating solids before it gets to our filtration system and all of these features have the intent of increasing the life of this filtration system, okay. So these are an added feature. This is a schematic of how they work. It has added a little bit of cost to the project that was not included before. Okay. As we look again at the construction, the sanitary sewer and water, the base bid will include open cutting these items. With the open cut installation there will need to be temporary sewer and water services, okay. The City’s construction observer Mr. Stauff will be on site during the project. He’ll work with the residents and the contractor to make sure that all the proper coordination takes place. Mailboxes will be relocated. That will all be coordinated with residents. Garbage collection will continue as it usually does. In this case the contractor will pick it up. Bring it to the typical pick-up spot and return the cans once it’s picked up. As we look at phasing this project, and this is really the intricate part. We’ve got two access points to Highway 7 so we’re looking at requiring one access point open at all times without disruption. So the first phase of the project will be the east end. The second phase will be the west end. The last phase will be along Shore Drive. Now we’ve got Shore Drive last even though it’s the most downstream point because we’re trying to minimize the amount of construction runoff that will get into our filtration system. We don’t want construction runoff excess material surface flowing down into our system 11 Chanhassen City Council – February 27, 2012 prematurely, shortening the life of it. We’re going to put that in last. We’re going to require that each subsequent phase is put back together before they start the next one so the entire project area will not be tore up for the length of the project. We’re going to move in a methodical approach and get pieces done as we go. Okay. That is the intent to minimize disruption to all the residents. It’s going to be as efficient as we can make it. Okay, is there any questions on that? I’m not sure what happened there. Okay. Okay, as we look at the cost and with the alternate bids, the streets with the design now are at $1.6. Our funding budget is $1.7 so we’re still looking good there. The watermain is $515,000 with the base bid. With the directional drill we’re looking at $487,000. That’s the intent. Mayor Furlong: I’m sorry, is that in addition? Kevin Kawlewski: No, that would be the alternate. One or the other. Mayor Furlong: Okay. Kevin Kawlewski: One or the other, okay. So with a funding budget of $700,000 we’re significantly below that. The sanitary sewer at $227,500. About $63,000 below the funding limit. Storm sewer we’re at $406,000 on the base bid and that’s where we’re a little bit over. A little bit over the budgeted amount so a total with our base bid we’re looking at just under $2.8. With the alternate we’re looking at just over $2.7 okay, so yes the alternates are very, very close. The numbers that you see here include the contingencies and the indirect costs so this will be our total project cost, okay. Questions on that? Councilman McDonald: Yeah, I’ve got a question. I’ll bring it up now. Okay, on the streets and everything we’re looking at doing an asphalt paving and such and we’ve been very lucky the past couple years as far as these bids coming in and everything but the cost of oil is going up significantly. Is any of that factored in? I mean is that something that could come back and whenever you get the bids, the streets and everything goes up significantly just because of the cost of asphalt? Kevin Kawlewski: The paving is a, not to downplay it, it’s not the entire cost. There is much more cost that goes into building a street than just the asphalt. The asphalt might be 2, 3, 4 dollars more a ton. Not a substantial amount to really kill the project. Councilman McDonald: Okay, so it should still come in under the $1.7? Kevin Kawlewski: It should. Councilman McDonald: Okay. Paul Oehme: Mr. McDonald, the estimate, these are just estimates at this time too. There is a 10% contingency built into the, into these estimates as well too so if we do see a significant spike in oil prices, because these type of projects are heavily dependent upon fuel. Hopefully we’re anticipating that that 10% indirect cost to, or contingency to try to offset some of that so hopefully we’ll still stay in the budget. Councilman McDonald: Okay, thank you. Kevin Kawlewski: Okay, anything else? Okay, again the assessments, this is what was presented at the public hearing. Just over $6,000 per unit. That’s still consistent with the numbers we’re looking at. That number isn’t changing at this point, okay. Ultimately this will be based on the bids that we receive, alright. Again looking at 40% of the street cost to be assessed, proposed term of 10 years at 6% or whatever the bonding rate is that we get. A little bit over that rate. The project schedule where we’re at rd with the approval tonight. If you deem fit to do so we’ll be opening bids on March 23. Those numbers 12 Chanhassen City Council – February 27, 2012 rd will come back with the assessment hearing then called for April 23. At that point if things look good, you hear from the public there’s not enough opposition to stop the project, we’ll award. Looking to begin the project mid-May. Most of the underground work should be done by the end of August with substantial completion in October. Okay. Final completion will be done next year simply because the amount of underground work that we’re looking at. We do have settlement issues. We’ll get that all taken care of before we put the final lift of pavement on. The motion that we’re looking for tonight from the council, if appropriate, is to adopt the resolution approving the plans and specifications for 2012 street reconstruction project #12-01 and authorize the advertisement for bids. Any other questions at this point? Councilman Laufenburger: Kevin, Mr. Mayor? Mayor Furlong: Yes. Councilman Laufenburger: Kevin you said that you have 5 rain garden volunteers, is that correct? Kevin Kawlewski: Yes. Councilman Laufenburger: And you could have up to 5 more, is that correct? Kevin Kawlewski: That’s what we are budgeting for, yes. Councilman Laufenburger: Okay, so if you budget for it, so I’m assuming you’re advertising for 10 rain gardens. Kevin Kawlewski: That’s correct. Councilman Laufenburger: But if you don’t get 5 more families, 5 more homes then what do you do? Kevin Kawlewski: Then that money is not spent. Councilman Laufenburger: Okay. Alright. Kevin Kawlewski: We don’t bill them. Councilman Laufenburger: Okay. Thank you. Todd Gerhardt: Mayor, council. We have option in our contract to deduct and add if need to based on quantities and quality. Quantity. Kevin Kawlewski: We also do not modify unit prices for added quantities or decreased quantities either so we’re protected that way. Mayor Furlong: Thank you. Other questions? Councilwoman Ernst: I have a question for Todd Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Todd, if I remember correctly we were building something into the contract about the rain gardens for the homeowners, that they would have to do the maintenance on the rain gardens. 13 Chanhassen City Council – February 27, 2012 Once the rain, if they would move in, say someone moves out. Someone else moves in. That there’s something there that says it’s your responsibility to maintain the rain garden, right? Todd Gerhardt: Correct. Councilwoman Ernst: Okay. Todd Gerhardt: Working on an individual contract with each homeowner and laying out the responsibilities and having that recorded against the property. Councilwoman Ernst: Okay, thank you. Mayor Furlong: If you could bring the funding slide back up again. That one right there and I think it’s, the one category there under storm sewer where we’re bumping up against the estimate. Without rain gardens the current estimate is just about you know, a couple thousand dollars less than what the estimate is. Even with the 10% contingency in there I assume that includes a contingency and indirect costs, it’s possible, or at least that line item in particular looks like it’s most possible for the actual bids to come in higher than what were budgeted. If that’s the case what, do we have funds available in our stormwater fund if it could continue to fund it? I guess the answer would depend on how far above it came. Paul Oehme: Yep. Mayor Furlong: We’ve been through before where your lists have estimating but the actual bids can come in different. Paul Oehme: Correct. Mayor Furlong: Sometimes higher so. Paul Oehme: We have talked about contingencies too and there are some funds that potentially could be leveraged. Postponing some other capital improvement projects that could go towards this project if the council thinks that you know those rain gardens are an important component of this project so we have talked about that and we’re trying to make some contingencies that if that were to happen we can potentially utilize some of those other funds. Mayor Furlong: And have these been updated to include the baffles? Paul Oehme: Yes. Mayor Furlong: They have, so that’s one of the reasons these might be a little bit higher than what we saw? Paul Oehme: Correct. That’s the reason, yeah. Mayor Furlong: Have we used the baffles before? Paul Oehme: We don’t have any baffles in the City as of right now. In conjunction with the 212, or I’m sorry the Trunk Highway 5 project MnDOT is planning to put a couple in along. Mayor Furlong: The one that’s going to be done this coming summer? 14 Chanhassen City Council – February 27, 2012 Paul Oehme: Correct, yep and it’s a newer technology. It’s fairly cost effective to put these type of structures in. Testing has been done on them and it’s very, it seems to be a good investment. Other communities have used them in the past too so we’d like to utilize them here. We had anticipated sump manholes but I think going with SAFL baffles in those sump manholes would definitely improve the efficiencies of the water. Mayor Furlong: And how long have they been out and in use? Paul Oehme: Do you know? Kevin Kawlewski: I would say within the last 2 years. Mayor Furlong: Because there really isn’t a long term track record on them at this point in terms of maintenance or anything else. Paul Oehme: No but they are very easy to maintain. We’ve watched some videos on how to maintain them and they’re in other communities and we’ve you know looked at those systems and they seem to be a good fit for our community we think so. Kevin Kawlewski: And they are single piece construction. They are coated so they resist corrosion and scour much better than a typical metal product that you would put in a stormwater application so they appear to be a good quality product that’s going to last a long time. With the single piece construction, maintenance is going to be easy. It’s just pop it out and put in a new one. Mayor Furlong: And are they a single source or are there multiple sources for those? Kevin Kawlewski: They’re single source at this point. Paul Oehme: It’s single source. Mayor Furlong: Okay. Alright, well let’s see how the bids come back I guess. See where it takes us. Any other questions for staff at this time? Councilwoman Ernst: I do Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Mr. Gerhardt could you explain the stormwater funding and how we’re going to do that because I know we just talked about taking some money out of there for the other project and I’m curious to know how much do we have in there that we can spend additional that. Todd Gerhardt: Yeah as a part of our stormwater management budget the construction funding is, comes from a different category than the $10,000 that we are going to use for inspection hours so that would be more into the contractual service, fees for service side of it versus the construction side. So a different category but still out of the same budget and staff will bring that back and show council. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Any other questions for staff at this time? If not then, there’s no hearing associated with this this evening is that correct, so we’ll open it up for discussion and comments by staff. Or by members of the council, excuse me. They’ve already been discussing. 15 Chanhassen City Council – February 27, 2012 Councilman McDonald: I’ll go ahead and start if you’re looking for comments. Mayor Furlong: Mr. McDonald. Councilman McDonald: I mean it sounds as though you laid out a very interesting plan. I’ll be interested to see how it works because it could be a model going throughout the city and it’s definitely in an area that it will test what you think it’s going to do so it will be very good to I think monitor this after it’s all put in and we’ll see what happens but I’m in favor of the plan going forward. You know I think that the sooner we can get the bids out and everything maybe the sooner that we can defer any of these increase in prices that may or may not be coming but yeah I’m in favor of going forward with the way it’s laid out and the way you presented it tonight and thank you very much. You guys have done a good job. Paul and the staff and everything so I’m glad you worked out the problems with the residents on the park and I think everybody will be very happy with this. Mayor Furlong: Thank you. Any other comments? Councilwoman Ernst: I have one Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I too want to thank you. You know the fact that you addressed some of the ponding in the park and the mosquito issues. Those two were some of the big issues that I heard from some of the residents and I’m really glad to hear that you took care of those safety concerns specifically so good job. Kevin Kawlewski: Thank you. Mayor Furlong: Anything else? No? Seems like a good project and worthwhile moving forward and most of the concerns that were raised have been addressed and so again let’s see how the bids come in and we’ll go from there. Anybody like to make a motion? Councilwoman Ernst: I will. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that we adopt the attached resolution approving the plans and specifications for the 2012 street reconstruction project #12-01 and authorizing the advertisement of bids. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing no we’ll proceed with the vote. Resolution #2012-12: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council adopt the attached resolution approving the plans and specifications for the 2012 Street Reconstruction Project #12-01 and authorize the advertisement for bids. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 16 Chanhassen City Council – February 27, 2012 REQUEST FOR SITE PLAN REVIEW FOR A 20,600 SQUARE FOOT COMMERCIAL TH BUILDING, 80 WEST 78 STREET, APPLICANT: CENTER COMPANIES, LLC. Kate Aanenson: Thank you Mayor. As you indicated this is a site plan review for a 20,600 square foot, th one story building. This item did appear before the Planning Commission on their February 7 meeting where they held a public hearing. They voted 6 to 0 to recommend approval of the site plan. The subject site is located on Highway 5 and the property is zoned Business Highway. As you recall most recently we upgraded some of the downtown commercial that eliminated the general business and created more of a central business district. In this area, the Business Highway district is really more of a mixed use. Those areas that need more visibility. Kind of a blend of some office, some retail. Some of our larger retail users and also some industrial. So this use fits within the zoning district. Currently there is a building there right now. One of the older buildings in the city built in 1973 that’s kind of used as an office building. There’s been some commercial uses in there now and most of those businesses are being relocated so it is consistent with the zoning district. Just to show you what’s around the area on Highway 5, most recently we approved the Haskell’s liquor store that’s just to the west of this site. Again there’s an industrial building, Lyman Lumber. We had some new office park right at Dell Road. Dentist office so it is really a mix of those uses that need high visibility. This use as a building, the applicant LLC for the 2.79 acres is proposing to do a Goodwill store so again it needs the high visibility of access to see that. The one in Minnetonka is on 394, kind of a sister city there and being able to see it for customers not only to drop off donations but also to be a consumer of the business itself. The grading plan, the current site sits low in that area so the new building will actually bring up the finished floor elevation about 3 1/2 feet so the building will seem a little bit taller in appearance. On the previous slide it did note there is apartments, there is residential immediately behind it. The railroad tracks. Some of those apartments. It’s heavily landscaped around this property. The site plan itself as I mentioned is a 20,000 square foot one story commercial building. Again it’s Goodwill will be the tenant. The building is being pushed to the west of the site and that’s in order to accommodate the, I got new technology. Can you use your mouse on that one? To show kind of the circulation around the building. To drop, yeah can you go the other way. There you go. That’s where you’ll be going around that way to actually drop off. There’s a canopy on that back side there where you’ll actually drop off, thank you, goods there. There’ll be somebody that can help you unload from your vehicle. When the Planning Commission reviewed this from the perspective I’ll show you in a minute, the architecture, the building materials, there was some concern about there was enough articulation on that side of the building but I think it’s hard to see when you look at that perspective which I’ll show you but the canopy does stick out 22 feet so that does give some relief. We did make some other recommendations, or the Planning Commission did to support that. The building was pushed to the west to accommodate the ability to access the site. You have cars that will come in and need to go through that drive aisle. The front door will be facing east so that provides most the parking on that side which people would be able to access into the site. We’ve got two systems running here. We’re having some problems here. There we go. Can we go back one? So sorry about that. One thing the Planning Commission asked about and that was a connection those three properties there. The Haskell’s liquor store will have access to what is now that landscape nursery and then this site would also provide access to the landscape nursery so there’ll be able to interconnect without having to get on that frontage road so there will be a future connection. One of the other issues that were discussed is right now all of the waste containers is being handled inside so people don’t inappropriately put products in maybe a dumpster on site so it’s kind of a, it’s a good management tool that they’re employing but if this building was to change uses, it’s just a tenant. They’re not the owner of the building. That dumpsters could be moved outside in an appropriate location so that issue was also brought up. The building itself does meet all of the architectural design guidelines. Again the circulation works for the trucking turn movements. Be able to drop off. Pick up supplies. Goods, excuse me, to the site so again there is kind of a faux entrance on the south side to kind of give it that architectural relief and maybe I’ll…these right here. To give you that, again that Highway 5 perspective so while it looks like there’s an entrance, the entrance is actually facing the majority of the parking lot which is on the west 17 Chanhassen City Council – February 27, 2012 side, so as I mentioned before there is a canopy over the doorway and the building materials consist of, let me see if I can try this one. Can we go to the overhead camera? Thank you. Maybe you could back out of that just a little bit on the camera. Thank you. For the building materials. The one issue that we had is the top of the building doesn’t meet on the, has too much EIFS on it so that was also recommended to make changes. 15% is the maximum. Again the building is well designed as far as, thank you. The windows and the like so the only change we have was again the Planning Commission had on going to the next slide the, the side with the canopy and, I don’t know what’s going on, sorry. So the canopy, it’s hard to see on the one slide there but the canopy does have on the top side where it says the west elevation, there is a 20 foot canopy. That’s hard to see. The other recommendation we had though, there’s a small door that comes out. They’re putting a roof over that door. That would be the door on the far right hand side. Otherwise there is really enough articulation. There’s also a pretty solid row of trees on that side of the building also kind of screening that as you’re coming, heading west on Highway 5. So the other side is a loading dock. Also pretty well screened so with that the Planning Commission did recommend approval. There was a condition in the staff report that has been met and that was regarding, on the conditions of approval, so there’s 5 conditions and under planning it said the applicant worked to provide that future access, and that has been resolved where that access would be. I showed you that on the one slide going to the property to the east. So that has been addressed so that would be condition b under planning. Otherwise there are 5 conditions. The staff is recommending approval of the conditions of the staff report and we do have a motion prepared for you. Thank you, so with that I apologize for the presentation but I’d be happy to answer any questions that you may have. Mayor Furlong: Questions for Ms. Aanenson. Councilwoman Tjornhom: I have a couple. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: Because this is a Goodwill, do they still pay property taxes? Kate Aanenson: Yes. They’re the tenant. Councilwoman Tjornhom: A non-profit. Kate Aanenson: Yeah, they’re the tenant of the building. They’re not, they don’t own the building. Councilwoman Tjornhom: Okay, okay. Kate Aanenson: Yeah. Councilwoman Tjornhom: And I did look at the plans, is there a drive through for that? Kate Aanenson: Yes, that’s that canopy I was trying to show on the one side of the building. Councilwoman Tjornhom: Okay. Kate Aanenson: Where the circulation, yes. So there is a drive through canopy and that was part of the challenge of trying to locate the site farther to the west to kind of provide that canopy screened and then also, so coming around the building, and also provide the loading docks to pick up and deliver goods. Councilwoman Tjornhom: And are they going to have hours, regulated hours for that or is it just going to be during their time of business do you know? 18 Chanhassen City Council – February 27, 2012 Kate Aanenson: I believe it’s pretty much standard with the time of business. There’s probably peak hours for dropping off. They advertise those on their website. They’ve got, you can go to their website now and look at their other stores. When they can drop off and pick up. Todd Gerhardt: There’s garage doors on both ends that close the canopy section off when they’re not open. Kate Aanenson: Yeah. Councilwoman Tjornhom: And are there any sensitivity issues to lighting? Kate Aanenson: They did provide the screening and how the building’s lit and it meets all the city regulations. There’s also photometrics in that too, and we did look at that from how that sits, when they raise the building up the 3 feet and the lighting to the back with the railroad tracks but because of the rise with the railroad tracks I think the, and the downcast lighting it should not be a problem. Mayor Furlong: Okay, other questions? Mr. McDonald? Councilman McDonald: Yeah, because of the nature of the store and everything, have there been any traffic projections? What’s it going to do at the light there and also at the light once you get up to the railroad tracks and everything? Are we going to be needing to look at any infrastructure improvements? th Kate Aanenson: I don’t believe so. Actually the light at West 78, that intersection was redone a number of years ago and as far as the functioning of this building and what could have been at the previous Chan Office Building at it’s maximum is probably pretty similar. I think the frequency of trips, when someone may go to the office might be a little bit more but I believe, maybe Paul has something else to add on this as far as, because you actually have two options to come out. You can go back out to Dell Road or come th in on West 78 as you go around. Councilman McDonald: But people are going to be shopping. This is a retail site isn’t it? Kate Aanenson: That’s correct. Councilman McDonald: Okay. So I was just wondering do they have any projections as to the amount of traffic that they think they’re going to be drawing through that intersection? Paul Oehme: I know staff did look at that. I don’t have those numbers here. The parking stalls again were at a point where I don’t think there’s that much of an increase in what was seen on the site with the th existing office building structure. The frontage road is on 78 Street is a collector roadway designed to th handle those type of trips. I think right now the trips on 78 Street are right around 4,000. We don’t th anticipate there’d be a traffic issue associated with this project on 78 Street. Councilman McDonald: Okay, thank you. Councilwoman Tjornhom: I had one more. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: This building now has one single tenant. Is there a possibility that at some point that tenant could move out and it could be divided into two buildings? Two separate tenants? 19 Chanhassen City Council – February 27, 2012 Kate Aanenson: Yes. Councilwoman Tjornhom: So would they have to comply with parking? Kate Aanenson: Yes. That’s always the kind of the control factor there. They would have to, because they’d have to do a building permit to modify it to go into two and then that’s when we internally would review that to make sure that there’s adequate parking. If it went to a higher use that would require the parking breakdown is in here, accommodating that there is some warehouse space for storage where the people are dropping things off. Some office space but yes, if it went to more retail and two separate buildings, or something that met the zoning district we would evaluate that to make sure there was adequate parking. Mayor Furlong: Any other questions. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, what’s Goodwill’s experience with this store concept in the metro area? Kate Aanenson: I’ll let the applicant speak to that but I think it’s pretty positive. I know that they’ve been building, Minnetonka just opened up their new one. I did frequent that this week just to see how the circulation and how that worked. I know there was concerns from the neighbors up there too and it, it was pretty busy on a Saturday afternoon and functioned very well. There were people dropping off, which I think is a benefit to our residents to provide that opportunity for them also to take some things and to re-circulate those and re-purpose those too so. Councilman Laufenburger: Okay. You might have shown this before and my apologies but can you just show us on one of the plats where the connection between this parking and the by the woods would be? Kate Aanenson: Yep. Maybe you can right there Paul, yep. Maybe if you can show that. The garden center is immediately to the east. Councilman Laufenburger: Yep. Kate Aanenson: Yep. And then the Haskell’s is the next building over. Councilman Laufenburger: Yep. So did I hear. Kate Aanenson: I’m sorry, there’s woods on the westerly side and along the back too. Councilman Laufenburger: So where, there was mention of access between the two properties. Are you saying there would be like a. Kate Aanenson: Future access. Councilman Laufenburger: And where would that be? Todd Gerhardt: We have that map. It’s cut off up here where it… Kate Aanenson: Maybe I can try this one again here. Councilman Laufenburger: Yeah. 20 Chanhassen City Council – February 27, 2012 Kate Aanenson: You can go one more slide and it shows it up there on the corner where it says future connection. Councilman Laufenburger: Oh I see, okay. Kate Aanenson: Yeah, right there. Councilman Laufenburger: So just right in the upper the northeast corner? Kate Aanenson: Yeah. Councilman Laufenburger: Okay. Kate Aanenson: And that allows those people, we tried to work those even the downtown area where you don’t have to get back out on the collector or if you want to go out to the next use so. Councilman Laufenburger: Okay, thank you Mr. Mayor. Mayor Furlong: Is that being set up by easement then or is it just a condition? Kate Aanenson: Yes, yep. Well we’re asking that they provide a, in the future, a cross access agreement. That’s how we set those up. Mayor Furlong: Okay. Kate Aanenson: And let me just go back to what we talked about with Haskell’s too because we thought that could be two different uses. Actually it was set up that way and actually as it turned out Haskell’s moved into that space so I think what we’ve learned over time in these changing times is everything’s flexible and then we just have to kind of see what happens and evaluate it at the time it comes back, but this is a zoned appropriately for this use. Mayor Furlong: Okay. Councilwoman Tjornhom: I have one more question. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: The drive through, going back to the drive through. This is zoned just commercial business so there couldn’t be a restaurant that comes in on one part of it that would have a drive through? Kate Aanenson: Yes, it could but the way this is drive, it’s a 20 foot canopy and I think the way that it’s set up they would have to do, it’s a 22,000 square foot building and. Councilwoman Tjornhom: Because we’ve had that happen in town before. Kate Aanenson: Yes we have. I think it’s highly unlikely on this type of a building. I don’t want to say never. It’s 22,000 square feet to get the visibility you want there on that easterly side with that window. It’s a 20 foot canopy. Could something go on the back, it could. Never say never but it would be 21 Chanhassen City Council – February 27, 2012 permitted, and again they’d have to make sure the circulation works and the rest of the parking all fell into place. Councilman McDonald: Let me ask a question about this because now I’m a little confused. I’ve seen these stores before and there’s actually a door there where people come out to your car if you’ve got bags and stuff so it’s not really a drive up window per se. Kate Aanenson: It’s a canopy. It’s 20 feet long. They come out the door and unload you. Councilman McDonald: So you’re driving under the canopy and there’s usually a door down there and people will come in and out so. Kate Aanenson: That’s correct. Councilman McDonald: Yeah, okay. Councilman Laufenburger: My guess is it’s kind of like a raised garage door. I think it’s, the one that I visited in Apple Valley, it was a very large door that you know secure. When it’s down it’s like you know shops in Brooklyn and Queens. Kate Aanenson: I think we’re talking about two different doors. We’ve got the doors blocking the canopy then we’ve got the door going into the store so. Councilman McDonald: Oh there’s also a door that blocks the canopy? Kate Aanenson: That’s what I heard the City Manager saying. Todd Gerhardt: Yeah, it’s like Brown’s Car Wash. You know you’ve got garage doors on each end. You know when they’re open, they’ll be open. Inclement weather you probably could close them. Councilman McDonald: Okay. Councilman Laufenburger: Just for equality, it’s also like the Youngstedts Car Wash too right? Todd Gerhardt: Yes. Laurie Hokkanen: Actually those doors don’t close behind you. Todd Gerhardt: We have many fine car washes in Chanhassen. Mayor Furlong: It’s one of the best. Todd Gerhardt: One of the best. Mayor Furlong: The building’s entrance is on the east side, is that correct? Kate Aanenson: Yes it is. Mayor Furlong: And while it looks like from the design of the building, is there an entrance on the south side? 22 Chanhassen City Council – February 27, 2012 Kate Aanenson: The back of the building? Mayor Furlong: No, on the south side facing Highway 5. Kate Aanenson: Oh, I’m sorry. No it’s a faux. It’s faux. It looks like an entrance but it’s not. Mayor Furlong: But it’s not. Is there any requirement for I guess the entrance is big enough from a safety standpoint to have a single entrance? Is there enough based on the size of the building? Kate Aanenson: Well there is other entrances in the building. Or exiting, let’s say it that way. Mayor Furlong: In the back, okay. Kate Aanenson: Correct, in the back and on the side. Mayor Furlong: Okay. Kate Aanenson: The ones that I mentioned where the canopy is is another entrance there too. Under the canopy to help unload and another entrance. Mayor Furlong: And a dock. Kate Aanenson: That we wanted to put a small roof over to give some articulation to that side. And that’s the side facing west. There’s also doors on the north elevation where the loading docks are. There’s also doors coming out that side so it meets exiting requirements. Mayor Furlong: Okay. Okay. Kate Aanenson: The intent there was to make it, give it an appearance because most the parking was on the other side, that’s where they put their entrance. Mayor Furlong: With regard, one of the conditions talks about the west elevation and requiring more windows and articulation. Kate Aanenson: Right. Mayor Furlong: Is that, but it just said more or enhance. Kate Aanenson: Well we resolved that and I think in looking at that. Mayor Furlong: So is the plan before us tonight, does that meet our requirements? Kate Aanenson: Yes it does. Yes, we went back and revisited that and did talk to the applicant and again I think it’s hard in that visual of that elevation to see that there is a 20 foot articulation in the canopy. Putting the roof over the other door and then also reducing the EIFS and then slightly articulating the columns that are there. The one column on the corner of the building and that meets. Mayor Furlong: What about the window requirement? Kate Aanenson: I think what we’re saying is that there’s landscaping. The trees. There’s a significant row of trees on that western side that meets that screening requirement. 23 Chanhassen City Council – February 27, 2012 Mayor Furlong: And are those trees on this property? Kate Aanenson: Yes. Mayor Furlong: Okay, so is that part of the condition? Kate Aanenson: Yes. Mayor Furlong: That the trees would have to stay. Kate Aanenson: Yeah. Mayor Furlong: Or be replaced. Kate Aanenson: Effective screening, yeah. Mayor Furlong: Okay. Okay. Alright, thank you. One other question. Mr. Gerhardt we talked about this this afternoon, one of the requirements under Planning Commission is bike racks. Is that consistent with our ordinances? Kate Aanenson: Yes, we have done that in certain locations where this might be a place where people might be biking to. Mayor Furlong: Okay. Kate Aanenson: A type of use that might be biking to. Mayor Furlong: Have we done that in other? Kate Aanenson: Yes we have. Depending on the type of use, like for example if it’s younger people or certain segment of the population, for example the library, city parks, those sort of things we always do. This is one that we felt that it may be appropriate to have somebody that might be biking there. Mayor Furlong: Okay. Thank you. Any other questions for staff at this time? I see that the applicant or representatives are here. Anything you’d like to address the council with? Good evening. Ben Merriman: Good evening Mr. Mayor, council members. My name is Ben Merriman. I’m with Center Companies. I think it’s been explained fairly well. I’d be happy to answer any questions you might have and we’re actually in the process, I thought I was going to have some revisions done last week but some of the civil engineering didn’t catch up to it so I don’t have those revisions for you tonight but we’ll work with staff and get those worked out. The future connection, when we developed Haskell’s what we did was a cross easement and cross maintenance agreement with Lowe’s. At that point in time it was Lowe’s so that at the time that Lotus was redeveloped, or if it was redeveloped, that that agreement would be in place and I guess what we’re proposing here is that if in fact that property in the center, which is now private woods, if that ever is developed in the future, that the three parking lots basically could be combined so that you could travel, the trucks can travel in the back part and customers can travel through the front part of all the parking lots so it’s basically a cross easement and cross maintenance agreement, but it really can’t take effect until that middle piece is redeveloped at some point in time. 24 Chanhassen City Council – February 27, 2012 Mayor Furlong: But the agreements, the commitments can be put in place now so that if that middle property is redeveloped then they’re in place? Ben Merriman: I could talk with Jay Kronick about the owner of that and see whether or not, I assume he would but I think it’s somewhat conditioned upon the use. I mean if it stays a garden center they’re going to have their parking lot where in the front. Mayor Furlong: Right and I guess what I’m referring to is, if it is redeveloped in the future, putting the agreements and the commitments in place now so if it is redevelopment then to something similar. Kate Aanenson: That’s correct. Mayor Furlong: Is that right? Kate Aanenson: It’s not the intent to do it today. Mayor Furlong: No. Kate Aanenson: It’s when they do redevelop that, if it makes sense, we want to make sure that if, even if this property was sold that there was an intent to try to connect those properties. Ben Merriman: It makes sense. Mayor Furlong: Yep. Probably something similar or, okay. Ben Merriman: The drive through I think, Todd Gerhardt explained it fairly well but they are basically drive in doors. There’s two of them, one on each end and so they can be opened or they can be shut but when they’re shut it’s secure and it’s walls all the way around it so they can open up and you can drive in and people will help you unload and take the merchandise in and out and then you can drive around so it’s a secure drive in door and drive out. I’d be happy to answer any other questions. Mayor Furlong: Any other questions for Mr. Merriman? No? Very good, thank you. Ben Merriman: Thank you. Good evening. Mayor Furlong: Bring it to council for discussion and comments. Thoughts, comments. Mr. Laufenburger. Councilman Laufenburger: Just I think, I’m not sure if Kate said this but this is a great opportunity to have something like this. Goodwill is a respected member of the Twin Cities and I think they, the fact that they are interested in not only having a retail outlet but also a place where property, materials, household goods can be received and then worked by the people from Goodwill, I would say there are many other organizations like that that come into Chanhassen for that purpose but to have actually a tenant in the community I think is wonderful so. Mayor Furlong: Thank you. Other thoughts and comments? I’ll just add then. You know especially in this economy for any business, Goodwill and developers to be able to come together and put together a really significant investment, a redevelopment, market redevelopment. There’s no tax considerations or benefits being offered here that I’m aware of anyway. That’s not before us. This is, we’re redeveloping a parcel and upgrading the businesses along Highway 5 and I think that’s something that we should all be grateful for and proud of that Chanhassen is a place where people want to make that level of investment 25 Chanhassen City Council – February 27, 2012 so thank you for that. And thank you for everybody involved. I know that any time there’s a project like this there’s a lot of back and forth and work that takes place and thank you for all the work that has gone into place prior to the Planning Commission and since then so that we have a project here tonight that’s a good project that we can move forward with so. With that if anybody would like to make a motion. Councilman Laufenburger: I’d be happy to Mr. Mayor. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: I would move that the Chanhassen City Council approve the site plan as outlined in the staff report subject to conditions 1 through 5 and adoption of the attached Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve the Site Plan for a 20,600 square-foot, one-story retail building, plans prepared by MFRA dated th 1/4/2012, for property located at 80West 78 Street, and adopt the findings of fact, subject to the following conditions: 1. Building Official a. A demolition permit is required for the removal of any existing structures. b. Complete construction plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. The building is required to have an automatic fire extinguishing system. d. Detailed occupancy-related requirements will be addressed when complete building plans are submitted. e. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 2. Forester a. The line of shrubs along the parking lot on the south property line shall be extended to provide a buffer for the length of the parking area. The plantings can be incorporated into the rain garden. b. The applicant shall add an island in the east parking lot containing two overstory trees, minimum inside width of 10 feet. c. The applicant shall add one overstory tree to the peninsula in the south parking lot at the southwest corner of the building. 3. Water Resources a. No final approval of the proposal may be given without the review and approval of the drainage plans and calculations. b. The curb cuts must be increased to a minimum width of five (5) feet to avoid concentrated flow and resulting scour. 26 Chanhassen City Council – February 27, 2012 c. Additional topographic information is required in the area between the two existing ponds in order to determine the emergency overflow (EOF) elevation of the pond to the west. d. The lowest floor elevation of the building must be minimum 18 inches above the established EOF elevation. A berm may be required on the northwest corner of the drop- off drive in order to properly divert the EOF water. e. Correct the elevations on the filtration basin cross section on page C4.01. f. The filtration basin will be privately owned and maintained. A maintenance agreement will be required by the City. 4. Engineering a. Erosion control phasing Gantt chart will need to be completed prior to earth-disturbing activities. b. The swale along the western property boundary will need to be stabilized per Part IV. B.3 of the NPDES Construction Stormwater Permit. (Ex. Stabilization of the last 200 lineal feet with 24 hours of connection to a surface water.) c. Grading should be phased so that the filtration basin is constructed last and is protected from construction traffic. The streets shall be swept clean nightly or as needed. 5. Planning a. The property owner shall combine RLS 59, Tracts A and B into a Zoning Lot. The combination must be recorded at Carver County prior to issuance of a building permit. b. The applicant shall provide future circulation information to the easterly properties prior to council approval. When the parcel to the east redevelops, then the vehicular accesses shall be constructed. c. The articulation of the building shall be further enhanced through the use of additional projecting columns in those areas where the face brick is extended above the windows. d. The elevations shall be revised to meet City Code requirements for the percentage allowed for accent material. e. The fenestration and architectural detailing on the west elevation shall be increased. f. The architectural detailing and columns shall be continued along the north elevation. g. Should an exterior trash enclosure be necessary in the future, it shall be screened and constructed with similar materials to the building. h. All signage shall comply with City Code and requires a separate sign permit application. i. The applicant shall provide a bike rack.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVE LEASE AGREEMENT FOR OLD PUBLIC WORKS BUILDING, ROAD RUNNER INTERNATIONAL. Laurie Hokkanen: The item before you is a lease for our old public works building located at 5091 Park Road. The lease is with a company called Road Runner Diesel Services. It’s a group of gentlemen who own 5 over the road car carriers. Basically delivering vehicles from manufacture to dealership, from dealership to dealership, etc. They do propose to lease the entire building, which is just under 19,000 square feet for a 3 year term. This lease would be for the main building, parking lot and the remaining areas of the site but would not affect the lease that has about 8-9 months left on it under the current term with Beniek Property Services for the cold storage building. They would continue to occupy that. The leased area is outlined in yellow. This is the area that would be leased to Road Runner. The area outlined 27 Chanhassen City Council – February 27, 2012 in red is what’s currently leased to Beniek Property Services and what kind of appears yellow unfortunately in the power point down here but it was green in your packet is the shared driveway area and so kind of running inbetween the two buildings and then out to Park Road is shared driveway. The area in the blue is the area that we, the City will improve for additional truck parking. We will level it out and potentially bring in some Class V to give them expanded truck parking. Councilman McDonald: Excuse me, before you go on. We also rent out to the sheriff. Does that change now? Laurie Hokkanen: It does. The sheriff will return parking here at City Hall. We’re in the process of putting their signs back up and they will certainly miss using this building. The terms of the lease in more detail, the rent. They will pay a $30,000 refundable deposit and the rent is structured a little bit differently in year 1 versus years 2 and 3. In year 1 they’re going to pay a strict dollar amount in rent and the City will be responsible for all expenses, and so you can see that that dollar amount is a little bit higher in year 1, or at least appears to be higher because they’re not paying actual expenses. In year 2 and year 3 they’re going to pay a dollar amount, it’s $4.50 per square foot but I calculated it out so you can see that comes to just over $7,000 per month in year 2 and $7,400 in year 3. And then we will bill the tenant for all actual expenses which includes taxes, utilities, maintenance, property insurance, etc. And we have agreed to just a couple of things. We will, as I mentioned, level out and prepare the area of the west of the building for trailer parking. We will continue to be responsible for the maintenance of the building so our staff maintenance person, Dave Dressler will coordinate maintenance activities. Go out there and you know change light bulbs, etc but then we will bill the tenant for those expenses. And there are lifts and hoists in that building that require annual inspection so we will continue to be responsible for those. That is one item that we’re not going to be back billing. It’s about $1,300 a year and that cost is included in the base rent. We will also be paying a commission to Marathon Real Estate. They’re our broker. They’ve been advertising the building. Working with potential tenants. Arranging the deal and an industry standard commission ranging from 7% in year 1 to 5% in year 3 will be paid as a part of the lease agreement. Happy to answer any questions that you might have. Mayor Furlong: Thank you. Any questions for staff? Councilman McDonald: Would you go back to the slide where you talk about the expenses? Yeah, on this one. What, okay so on the first year we’re bringing in $118,000. What kind of expenses would we typically be looking at for that building. Laurie Hokkanen: We’re going to pay all utilities on the building, and I’m sorry do you remember what that amount is per year? $8,000? Paul Oehme: Yeah. Laurie Hokkanen: About $8,000 in utilities. We don’t expect the taxes on the building to kick in until year 2. And then it would be kind of the unpredictable but routine maintenance costs. You know something goes wrong with the garage door and we’ve got to get the door company out to fix it. But you’re reliable expenses would be your utilities, insurance and we’ve continued to insure the building anyway so that expense doesn’t change whether it’s occupied or not occupied but with the lease we’ll be able to recoup that cost in years, well in all years but specifically in years 2 and 3. Councilman McDonald: Okay, so we have our expenses covered then? This isn’t going to be something where this is only a portion of it and we’re going to have to dip into some other fund? Laurie Hokkanen: I don’t. 28 Chanhassen City Council – February 27, 2012 Councilman McDonald: It should sustain itself. Laurie Hokkanen: I believe so. Councilman McDonald: Okay. That’s all I have. Mayor Furlong: Thank you. Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. What provision is in place in the lease should we find a buyer for the building? I know right now the City owns the building, is that correct Ms. Hokkanen? Laurie Hokkanen: Correct. Councilman Laufenburger: So what provision would occur if a buyer comes along in year 2, does this lease go to the new buyer? Just can you talk about that a little bit? Laurie Hokkanen: It is an assumable lease so if someone came in and said we want to buy the building, they could do that and take over both this lease and the lease that we have with Beniek. Councilman Laufenburger: And there’s nothing that would prevent that from happening? The renter or the Road Runner, they would just have to agree to that? Okay. Todd Gerhardt: Well they stay in the building for the 3 year period. Mayor Furlong: The lease stays with the property I assume. Laurie Hokkanen: Right, but if somebody wanted to buy it and knowing that they had a tenant. Councilman Laufenburger: And if that new buyer said we’ll make it worth your while to move out, that’s between them? Okay. Mayor Furlong: Good. Any other questions? Councilman Laufenburger: Well just one other question. This is a, sorry. Mayor Furlong: This is a night for one other question. Councilman Laufenburger: Yeah, it is. Mayor Furlong: That’s okay, let’s get them out. Councilman Laufenburger: What fund does this rental, will these rental payments go into? Laurie Hokkanen: We have a property rental general fund I guess. Councilman Laufenburger: Okay. That answers the question. Mayor Furlong: Okay. 29 Chanhassen City Council – February 27, 2012 Todd Gerhardt: It will go in the general fund but we will monitor the revenues and expenditures on this from basically a budget standpoint so we can see from a cost basis you know how we operate. Again, estimates are as good as the day that you make them and you know weather always plays a factor on utilities. Rate increases. Taxes. This building will be exempt for 2012 but as we go into 2013 we have made the County Assessor aware that we are renting the building and when you rent the building to a private property owner, or private business you must pay property taxes then. Councilman McDonald: Yeah, I’ve got one more. Are we still responsible for snow removal on this site? Todd Gerhardt: We are responsible. We’ll probably contract that out and then bill it back to the tenants in years 2 and 3 but we did in the rental for year 1 include snowplowing as a part of that. Councilman McDonald: And don’t we have a special agreement with, is it Beniek that’s out there now? Laurie Hokkanen: Beniek. Todd Gerhardt: Well city crews have been plowing the lot right now because of the deputies being in the building so they let us know when it’s not driveable so then we have a crew dispatched and plow the area open. Councilman McDonald: Okay. Mayor Furlong: Any other one more questions? I don’t want to cut off questions so if there are any, this would be the time to ask. If not, any thoughts or discussion? Councilman Laufenburger: Bravo. Mayor Furlong: Yeah, absolutely. I’d like to thank staff for all their work and for the broker and again in this market to bring something forward and to put a building back into use in our city so very good. Todd Gerhardt: Road Runner to us seems like a great business. I think it’s a relationship that we’re looking at building on. Our goal is for them to be successful. That’s the number one thing from a property manager standpoint is to make sure your tenants are successful and the hope is that their success will lead to them potentially buying the building have been our conversations with them. Mayor Furlong: Okay. Thank you. Would anybody like to make a motion? Councilwoman Tjornhom: One more motion. Mayor Furlong: One more motion, okay. Councilwoman Tjornhom. Councilwoman Tjornhom: I make a motion that the City Council approves the attached lease with Road Runner Diesel Services to commence on March 1, 2012 and allow the City Attorney’s office to make minor changes if needed to the final draft. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Any discussion? 30 Chanhassen City Council – February 27, 2012 Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the attached lease with Road Runner Diesel Services to commence on March 1, 2012 and allow the City Attorney’s office to make minor changes if needed to the Final Draft. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Move to council presentations. Todd Gerhardt: Just so you know, the City Attorney’s comment was I like that. Mayor Furlong: That motion. I’m sure the City Attorney. Councilman Laufenburger: Blank check. Isn’t that what it’s called. A blank check. Todd Gerhardt: Roger’s taught us something. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. Councilman McDonald: Just a point of order. We are going to go back into work session and discuss. Mayor Furlong: That’s correct. Our work session item, we recessed our work session. We will continue that discussion immediately following the meeting. Councilman McDonald: No comments. I’m fine. Mayor Furlong: That’s fine. Thank you for clarifying. If there are no other council presentations or comments, Mr. Gerhardt? Todd Gerhardt: Nothing this evening. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his staff? Thank you. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom 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 8:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 31