Loading...
CC 2003 10 27CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 27, 2003 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 Labatt, Councilman Ayotte, Councilman Lundquist and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Matt Saam, Todd Hoffman, Sharmeen A1-Jaff, Bob Generous and Bruce DeJong PUBLIC PRESENT FOR ALL ITEMS: Steve Lillehaug Tom Workman Bethany Tjornhom Planning Commission 181 South Shore Court Planning Commission PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening. Welcome to everybody here and those watching at home. Just a couple of announcements quickly that I wanted to share with people. One, remind everyone that next Tuesday night there is an election for school board in both districts and there's a referendum in District 112 so encourage all residents to make sure they're registered to vote and to go out and vote. Also this coming Thursday, October 30th there is an open house sponsored by MnDot on the Highway 212 construction project. The open house will be from 4:30 to 7:30 and it will be hosted at the new Chanhassen library, so that's a great opportunity for residents to come out, see the plans. See what's being proposed. Ask questions. Get answers and make suggestions as well, so I would encourage everybody that's interested to come to the open house Thursday, October 30th from 4:30 to 7:30 at the library. With that we'll move on to our consent agenda, unless there are any additions or deletions requested on the agenda this evening. If there are none we'll proceed. CONSENT AGENDA: approve the following recommendations: Councilman Lundquist moved, Councilman Labatt seconded to consent agenda items pursuant to the City Manager's Approval of Minutes: -City Council Work Session Minutes dated October 13, 2003 -City Council Verbatim and Summary Minutes dated October 13, 2003 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated October 7, 2003 -Park and Recreation Commission Verbatim and Summary Minutes dated September 23, 2003 Approve Consultant Contracts: 1) 2004 Street Project 04-01 2) 2004 MSA Street Project 04-02 City Council Meeting - October 27, 2003 d. Resolution #2003-89: Approval of Modification to the Fire Department Relief Association By-laws. e, Resolution #2003-90: Approval of Final Modification to the 2003 Budget. Resolution #2003-91: Resolution Approving Quit Claim Deed of Easy Rider Addition Outlots A, B and C from the City of Chanhassen to the Chanhassen Economic Development Authority. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Bob Martinka: Thank you Mayor Furlong. My name is Bob Martinka, 6650 Powers Boulevard. I' m not here on my own behalf. Unfortunately, the gentleman, Mike Cuccia who was going to be here, a neighbor of mine, in the past half hour was a medical emergency in his family came up and at this moment he's probably in an ER department in an area hospital, so if I may make an effort on his behalf. Item 7 on the agenda is I think at this point in time pretty well cut and dry and set to go. We are certainly in support of that, provided that all the conditions and so on are met that have been discussed leading to that agreement. However, the neighbors to the south of that development, it has... Mayor Furlong: Excuse me Mr. Martinka. Excuse me sir. Would it be okay if you could speak at the time we're addressing that? Bob Martinka: By all means. Please help me with the procedure. Mayor Furlong: That's fine. Why don't you, if you can wait til we address that item, then we can take it up in context and it will be a little easier for the council. Bob Martinka: ...and maybe Mike will walk in the door. Mayor Furlong: That'd be great. Well thank you. Is there anyone else who would like to come forward with regard to visitor presentations? Seeing none, then we'll close visitor presentations and move on with our next agenda item which includes the law enforcement, fire department updates. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Jim Olson: Hello. Before you I have presented SherifFs office area report for the month of September, the citation list, copy of a crime alert that was put out by Beth Hoiseth, and I'll have some other miscellaneous items for you. It continues to be a busy year here in Chanhassen. Our total calls for service was up by 281 for the month of September, and for year to date, total calls for service are up by about 1,647 for the year. We're up to 9,251 for the year so far so it's a pretty good increase over last year. Some of that for the month is attributed to higher traffic detail. Last year we did 7. This year we did 49 for the month. Traffic itself was up from 185 last year to 352 this year. However, if you look at the printout that you've got, there's a new category down there called traffic miscellaneous and what they're doing now is they're separating calls such as things on the roadway or calls with people speeding or where people are calling that into us versus our actual traffic stops, so traffic stops is exactly what it says. Traffic stops, and for that for the month there was 266 just traffic stops and then traffic miscellaneous was 86. So that 2 City Council Meeting - October 27, 2003 miscellaneous category is new for this month, but they' ve been breaking it out for the entire year and that's why you see year to date, 787 for traffic miscellaneous, and then 1,910 for traffic stops. So that would have went down from last month. Last year we had 185 total traffic, which would include traffic miscellaneous and stops for the last year number, and then year to date for traffic stops would be the traffic miscellaneous and the stops put together, if I'm explaining myself properly. Did you have any questions about that item itself at all, or did I do okay with that? Okay. Burglaries are up from 1 last year to 9 for this year, so that's up quite a bit, and for the year it's up from 28 to 56, which is quite a bit. I've broken that down a little bit but those, 25 of those are residential for the year and 15 of those came from garages. Where garage doors are open and they go into a garage that's attached and that's quoted as a burglary so we've had actual 10 burglaries where they went into a house there this year so far. Damage to property is down from 28 last year for September to 20 this year. We're going to have an increase this month I think. We've had a number of damage to properties that we've had, and along with that is thefts from vehicles. Sometimes those go hand in hand, but our thefts from vehicles are going to be up this, or this month also. We need the public's help on that. Again, try to put your cars in the garage if you can. Take any valuables out of your car and bring them into the house. That would certainly help us a lot. Thefts from vehicles are crimes of opportunity and we need to try to get a handle on that. Halloween is just around the corner. I encourage parents to know what your kids are doing and where they're at for Halloween night., Now we're already seeing smashed pumpkins around the area, and we've also been having a problem in the past week with paint ball guns, with houses being shot with paint ball guns so try to know where your kids are at and what they're doing. We're working on some leads with some of the paint ball stuff that we've had. There were some kids identified with some vandalism from Chanhassen over homecoming and we've gotten those kids together with the victims and they're working that out between themselves. The kids were friends with the victims kids and the parents were friends and they wanted to work that out between themselves. Also from a Halloween safety standpoint, make sure if your kids are wearing a costume, that they can see where they're walking. That they're not going to have something they can trip on and keep an eye on them as they're going around the neighborhood. Another thing, winter driving, snow's going to be here pretty quick. Slow down. Take a few extra minutes. You know leave early and just take your time, especially before school and after school when kids are out and about. We had a neighborhood watch meeting here not too long ago involving Pontiac and Pima Lane. Had a pretty good turn out and they had some good questions so that went real well. Any questions for the sheriff's office? Mayor Furlong: Anything? No. Very good, thank you for the update. For the fire department update, we had a memo in our packets. I don't know if there's any questions that anyone had for the City Manager. For any of those items or any items of note. Very good. We'll move on then. City Council Meeting - October 27, 2003 RURAL SERVICE DISTRICT: A. PUBLIC HEARING ON AN AMENDMENT TO CHAPTER 2 OF CITY CODE CONCERNING RURAL SERVICE DISTRICTS~ INCLUDING A SUMMARY ORDINANCE FOR PUBLICATION PURPOSES. APPROVAL OF RESOLUTION DESIGNATING PROPERTIES IN THE RURAL SERVICE DISTRICT. Public Present: Name Address Willard Johnson A1 Klingelhutz 1660 West 63rd Street 8600 Great Plains Boulevard Bob Generous: Thank you Mr. Mayor, Council members. The first part of this is part of our ongoing code amendment process. Chapter 2 has some minor changes to the ordinance. In Section 2-31 there was assessments had to be adopted by ordinance, not by resolution so we're changing one word in the ordinance there. There was typo under the rural service district. It said seed crops and it should have been feed crops. And then also the city at one time had 75 percent benefit to properties for a 2 or 3 year period. They reduced that to 60 percent because there was an oversight on the county taxing authority and we, in '97 the City changed it back to 75 percent. However, the ordinance was never amended. This amends the ordinance. The second part of this is a resolution adopting those properties within the rural service district. There was a task force that has been working on maintaining this list. Their recommendation is that all properties that were on the list that are currently farmed should remain on the list. Staff is recommending that those properties that are in our urban service area that are served or could be served by city sewer and water be removed from the list. They could be developed at an urban density. We put the list, the resolution together with the task force list. However, we have noted in that list those properties that are in the urban service area that we think should be removed from that list. It doesn't show up very well on this map, but basically it's the properties north of Lyman Boulevard are currently served or could be served by urban services and we believe those should, are not rural service district properties. With that I'd be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Councilman Peterson. Councilman Peterson: Not so much a question as much as, this is one of those items where I think the original intent, I would like to become a little bit more educated on how this whole thing developed. ! think I understand how it was developed to help maintain farms as long as they possibly can was the over riding intent, but I'm making some assumptions there. I think we should certainly hold a public hearing today but I'd like to discuss this and the philosophy of this going forward. Is it practical in today's world, or is it not? So I think we move ahead with some of the minor changes. Hold a public hearing but I think I'd like to at least recommend that we have a special work session on this topic to talk about how it all fits together and really the value of it in today's world. Todd Gerhardt: Well a lot of this is state statute that we're following, from the rural service district. Staff has taken the opinion that if it is serviced with sewer and water that it should not stay in the rural service. That's our opinion. But state statute allows each municipality to look at, from a parcel to parcel basis, the benefit of those to being rural versus urban. And about 4 or 5 City Council Meeting - October 27, 2003 years ago the City Council at that time established a committee to go out and determine which parcels are truly being farmed and should be included in the rural area, versus the urban. Since that time we're bringing this before you to update that list of properties. Councilman Peterson: Do we, is there a market value placed upon that land now as we figure out what the taxes are due or not? Or is it totally tagged as with anywhere in the state? Todd Gerhardt: It's the tax rate that is being, that would change from an urban versus a rural tax rate being ag, agricultural. It's taxed at much lower rate than our urban rate. Councilman Peterson: I mean that's kind of my question is, we've got land, agricultural land that is currently being marketed at $100,000 plus an acre being taxed at a couple thousand dollars an acre. That speaks directly to the rest of our citizens are being unduly punished because they're not, people aren't being fairly taxed is what I'm saying. Again, whether or not we have any control Roger I don't know, but it just, again all I'm saying is that maybe we can't talk about it because there's nothing we can do, and ! don't want to waste anybody's time but if there are things that we can do to look at this to see if it's currently equitable for our citizens, I think we're obligated to do that. Roger Knutson: Mayor, comment. There is something you can do about it. You can't do anything about green acres as such, or about the tax classification system which is established by the legislature, but the rural taxing district is a local issue. That's your decision to authorize it or to not to authorize it and when to authorize it. Councilman Peterson: So therein again, I just think, I don't think, I'm not knowledgeable enough on it and if the rest of you guys are, then I don't want to waste your time but. Councilman Ayotte: Well I'm told you're the smartest councilman so if you don't know, hell I don't know so maybe we ought to. Councilman Peterson: Together we could get a little bit of knowledge could go a long way. Mayor Furlong: I guess the council I have, and Councilman Peterson I agree with you. This is a new area that I'm looking at. I think there are some questions that I may have for staff just from clarification questions. I would like to hold a public hearing tonight, unless there's substantial objections simply because it has been advertised. And to the extent then as a council after we get the public input and staff input that we want to you know delay it or hold it over so that we can get more information to make a sound decision, I'd have no problem with that. Are there any other questions for staff? If not, just a clarification. Did the properties included, did the staff and the task force agree on the properties that would be included but for those that were within the utility service area? Bob Generous: Yes. Mayor Furlong: Okay. So there wasn't a question of whether it met the criteria or not for any other means except for that utility service area classification? Okay. Thank you. Any other questions for staff? If not, I will open up the public hearing on this matter, if anybody would like to speak to this matter. Please come forward and state your name and address and provide us with your comments. Good evening. City Council Meeting - October 27, 2003 Willard Johnson: Good evening. I'm Willard Johnson, 1660 West 63rd Street and I'm on the task force with 3 other people and we feel that the list that staff picked out really should stay on the rural district at the present time until other development comes. Mayor Furlong: Can you give us a little background on what the task force thoughts were on that matter? Willard Johnson: Being, even if the water was available, or sewer and water being, it's just one piece of property. We feel that, I mean one home and they aren't up for development. We don't feel it should change at the present time. And that until the time comes, like where A1 lives down there for instance, 312 will be coming through when? We don't know. They say '05 but I wouldn't put money on that. I feel that some of those properties that he's listed here, we feel should still stay on the rural district for the time being until when they come up for development, council can sure monitor them. Mayor Furlong: Okay. Very good, thank you. This is a public hearing so if anybody would like to come forward to speak on this matter, this would be a good time. If there's nobody else, then I will close the public hearing and bring it back to council. Todd Gerhardt: Mayor, Council members. I think that's a great idea that we all get educated on this item again. Also invite the task force that has participated in this study. Also bring our City Attorney in to talk about what pros and cons that we can go through and what the state statute calls for on this item, and we' 11 schedule that for your next available work session. Mayor Furlong: And that's my question. Is there a calendar date that we need to be aware of to make sure that if we decide to take some action, that we get it in for. Todd Gerhardt: This item really, we have plenty of time. Action needs to be done before August of 2004 so it doesn't need to be next month. We'll probably schedule it probably mid-March, April timeframe. In there so we have enough leeway in making our decision before August. Mayor Furlong: Thank you. Do we need a motion to table this to a work session? Todd Gerhardt: Sure. Mayor Furlong: Would that be appropriate? Councilman Peterson: Move to table. Mayor Furlong: Is there a second? Councilman Ayotte: Second. Mayor Furlong: Is there any discussion? Councilman Peterson moved, Councilman Ayotte seconded that the City Council table the resolution designating properties in the Rural Service District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Meeting - October 27, 2003 Mayor Furlong: And for clarification Councilman Peterson, that was a motion to table both items? Councilman Peterson: That's affirmative. Mayor Furlong: Thank you. Move on to the next item, which is consideration of certification of delinquent utility accounts. Is there a staff report please? Councilman Peterson: Mr. Mayor, clarify. Mayor Furlong: Oh, I'm sorry. Councilman Peterson: I wasn't tabling the public hearing. We only had one resolution, correct? Mayor Furlong: I'm sorry. There were two resolutions, but the public hearing was opened and closed with regard to the matter that required the public hearing. There was some clarification on, I guess I'll ask the question. Is there any deadline that we need to be aware of with regard to the ordinance clarification? We skipped by that pretty quickly. Would that be appropriate for us to take up this evening? Bob Generous: You may want to approve that and keep the list for later, yeah. Councilman Ayotte: Is there a date? Mayor Furlong: Is there a date specific requirement or can we just deal with it at the same time? Bob Generous: You can deal with it at the same time I think. Mayor Furlong: We're comfortable with that? Roger Knutson: The only possible, and it's a very minor issue is if you're going to get your recodification of your ordinance, I don't know what your time schedule is on that. Your list costs you a few more dollars to make the change later than making it now. Mayor Furlong: You know, unless there's objection, let's take back the issue with regard to the code, since I don't think that was necessarily the public hearing. So again, clarification Mr. Peterson. Your motion to table was strictly relating to the second item. Councilman Peterson: Exactly... Mayor Furlong: That's right. So we'll go back now and deal with the code issues that were recommended by staff. Are there any questions with regard to that? If not, with regard to the changes in the code as recommended by staff, is there a motion to approve? Councilman Peterson: So moved. Councilman Lundquist: Second. Mayor Furlong: Is there any discussion with regard to that item? Is everybody clear as to what we're talking about here? Okay. With that, if there's no discussion, we'll proceed with the vote. City Council Meeting - October 27, 2003 So with regard to a motion to approve the code modifications required by staff, all those in favor signify by saying aye. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve the amendment to Chapter 2 of City Code Concerning Rural Service Districts, including Summary Ordinance for Publication Purposes as proposed by staff. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: That motion prevails, and then for clarification, a second item with regard to the identification of the properties has been tabled. Thank you. PUBLIC HEARING: CONSIDER CERTIFICATION OF DELINQUENT UTILITY ACCOUNTS. Bruce DeJong: Mayor Furlong, City Council members. Every year we come to you with a list of delinquent accounts for water and sewer that we certify to the County for collection with the property taxes. This is something that we do primarily because the amounts generally are small enough and it's not worth going to court over. State statute allows us to certify these to the property tax, and it's also something that we don't want to collect these through shutting off water because for life safety reasons. Just particularly for fire safety. So we come to you and ask for your permission to certify the accounts that you have in front of you. And every year we allow people to pay these off prior to the final date that it has to get down to Carver County, and just in the past week alone we've had probably 20 different accounts come in for payment. As the deadline gets closer people start coming in rather than having it go to the taxes with the administrative fee that we add on. So I recommend that you hold the public hearing and then certify the taxes to certify these to delinquent taxes. Mayor Furlong: Thank you. Is there any questions for staff at this time? Councilman Peterson: Bruce, is there any particular reason that we don't list the businesses or people's names on the amounts due? Bruce DeJong: It's really traces with the property, and sometimes the current property owner is not the person who ended up with the delinquent tax. It ends up being a fight with the escrows on a closing company sometimes and so rather than put someone's name there that may not have actually generated that, we just list that. The Mayor does have a list of the properties with the addresses and the current person who's on the billing. Councilman Peterson: Okay. Mayor Furlong: Thank you. Any questions for staff? I guess the one question or point of clarification Mr. DeJong. You talked about in your memo the deadline of December 1st. YOU also mentioned that people tend to come in and pay these. Would it be appropriate at this point if we do move forward with the certification, that we establish a November 30th date or some date in November after which, as a deadline for them to be paid or is that just in practical order the way it will be handled? Bruce DeJong: It's just the way that we've always handled it is allowing them up until that last day before we have to get it to the County. 8 City Council Meeting - October 27, 2003 Mayor Furlong: Okay. So this will go into the county on the first of December, if we move forward with this this evening. And payment has to be made by close of business at City Hall the prior day, which would be November 30th, if that's a work day. Okay. Very good, thank you. Any other questions for staff? If not, I will go ahead and open up the public hearing with regard to this matter. If anybody would like to come forward and speak on behalf of this issue, or with their account, please come forward. Okay, seeing none and especially appreciate that none of the council members stepped forward to speak on their own behalf, I appreciate that. Councilman Peterson: That's why I wanted to see the names. Mayor Furlong: What do you think these two are asking me about? Very good. If there's nobody that would like to come forward, we'll go ahead and close the public hearing and bring it back to council. Is there any discussion with regard to this matter? If not, is there a motion to certify, what's the proper motion? To certify these delinquent accounts to the property rolls? Bruce DeJong: Yes. Councilman Labatt: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Lundquist: Second. Mayor Furlong: Is there any discussion? Hearing none we'll proceed to the vote. Resolution ~2003-92: Councilman Labatt moved, Councilman Lundquist seconded to approve the Certification of Delinquent Utility accounts as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CONSIDER VACATION OF RIGHT-OF-WAY FOR PAULY DRIVE. Matt Saam: Thank you Mr. Mayor, council members. Staff has received a request from the developers of the old Chan Bowling Alley, Market Street Station, for the vacation of Pauly Drive. As you can see on your monitor Pauly Drive is located north of Highway 5 along the east side of Market Boulevard, and also south of West 78th Street. It's the public street on the south side of the current Chan Cinema. In it's existing form Pauly Drive acts as basically a long driveway for the commercial properties to the north. Southwest Metro does circle within there, but no permanent property owner resides to the south of the street. It's only servicing those commercial properties to the north. In the past, or previously when Pauly Drive was platted back in the early 90's staff envisioned an east/west connector street. Basically Pauly Drive being extended over to Great Plains Boulevard. With the development plans of Market Street Station, the old Chan Bowling Alley, there are future plans for a park and ride facility in that comer here, and basically a private driveway going along the north side of the park and ride and connecting with Pauly Drive. So essentially it will be acting as a private business' driveway through their site. As such we are recommending approval of the vacation. We will be reserving public easements over the existing utility lines in the street. With that I'd be happy to take any questions. Mayor Furlong: Thank you. Questions for staff. Since part of the justification is because of the future plans for the location of that parking ramp on the east side of the property. If that doesn't go through, obviously Pauly Drive was put in there at one point originally. What do we do then? City Council Meeting - October 27, 2003 Do we go back or utilize the easement then if we need to perfect a thru route or perfect's probably the wrong word but I mean the drive was there for the reason of providing access throughout, and I realize with actions that the council's already taken in terms of the site plan and property and such like that, it may not be as much of an issue but if that parking ramp does not go forward, are we covered? Matt Saam: I believe we will be. We'll look for a private driveway, even if the parking ramp isn't there. We will look for some form of connection from Great Plains through to Pauly Drive. However it will be a private driveway, maintained by private property owners. Mayor Furlong: Okay. Todd Gerhardt: We're retaining a permanent easement where Pauly Drive exists today. If they have plans of redesigning their parking lot, or you know building something in that location, they're going to have to ask for our release of that permanent easement, so we still control that land where the road sits today. So what you are doing is giving up title to the property and, but you still retain it through an easement. Councilman Labatt: Matt, what was the reason for asking for this? Matt Saam: I believe it's what the City Manager just stated. Mainly flexibility. Todd Gerhardt: They wanted control over plowing the roadway. They did not want to wait for city vehicles to come in there and plow Pauly Drive. They wanted to control their destiny and trying to keep all their tenants. You're talking about 60,000 square feet of retail and office, and if for some reason our trucks aren't there to open up that roadway in a timely manner, they're going to receive potentially 50 phone calls from those tenants asking for somebody to come in and plow that roadway. So us releasing it as right-of-way, they will be maintaining it and will not be a responsibility of our' s to fill pot holes and plow it. Councilman Lundquist: Is that all contingent upon closing on that property? If that property doesn't close in November or ever when scheduled, what happens with this roadway then? Todd Gerhardt: We still retain the ownership of the land to the north and to the south, so it would not be a right-of-way for roadway purposes. We'd have an easement. The right-of-way would go away but we would still plow it and maintain it as we do today. Through the easement, but that's about it. Mayor Furlong: So because the city owns the land on either side of it, with the vacation of the right-of-way, immediately after we do that, then it's the city that owns it? Todd Gerhardt: Right. They would not take ownership of it, since they don't own the property to the north and to the south. Matt Saam: If they wouldn't go through with their development also I don't believe we'd be recording this so that addresses your concern also. Mayor Furlong: Thank you. Any other questions for staff? If not I'll proceed with the public hearing. Thank you. If anybody would like to come forward and speak on this matter, please do so now. State your name and address and you're welcome. 10 City Council Meeting - October 27, 2003 Pat McGough: Pat McGough, 7230 Pontiac Circle, Chan. I just have a question, and maybe I'm thinking of the wrong comer but you're talking about Pauly going all the way through, is that what I understand? I'm wondering what about like fire and emergency vehicles? I've always thought you had to have two openings. In other words, for emergency. Would that be covered the way it is? Todd Gerhardt: The access points will stay. The best way to describe this is like Market Square. As you enter Market Square there's a variety of locations to get in there, but all the interior roads are private. The City doesn't maintain any of those. We make sure that they meet our standards for fire trucks to get in. That the buildings are sprinkled and fire lanes are open, so we do the same things, so if you were to envision the back side of the Frontier or the bowling alley or the cinema, that would be private property and they would have to maintain that similar to Market Square. So access points will still be in place. Pat McGough: Good, thank you. Mayor Furlong: Thank you. Is there anybody else who would like to speak on this matter? If there's none, then I'll go ahead and close the public hearing. Bring it back to council. Is there any discussion? Based upon the answers to our questions and to the final question for the public hearing, I think it seems pretty straight forward so is there a motion to approve the recommended resolution with the 3 conditions? As stated in our council packet. Councilman Labatt: So moved. Mayor Furlong: Is there a second? Councilman Ayotte: Second. Mayor Furlong: Is there any discussion? Resolution #2003-93: Councilman Labatt moved, Councilman Ayotte seconded that the City Council approves a resolution vacating the public right-of-way for Pauly Drive, subject to the following conditions: A legal description of the right-of-way to be vacated must be supplied to the City for recording. A minimum 30 foot wide public drainage and utility easement will be reserved for the existing public utilities in Pauly Drive. 3. A 40 foot private cross access easement must be supplied to the City for recording. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: MODIFICATION TO TAX INCREMENT FINANCING (TIF) PLAN FOR THE DOWNTOWN TIF DISTRICT. Bruce DeJong: Mayor Furlong and council members. This is the culmination of the process that we started about a month ago with our first EDA meeting where we're going to extend the downtown TIF district for one year to alleviate the deficit that exists there. This process has been followed through both the EDA and through the Planning Commission as outlined in state statute 11 City Council Meeting - October 27, 2003 and we're just asking you to adopt this final resolution that shows all of those findings that we have followed state statutory requirements. That they do have a deficit at this point and we'll continue to have a deficit into 2004, and that we are availing ourselves of the relief asked during the special session, during this past summer back in June. Recommend that you hold the public hearing and then adopt the resolution. Mayor Furlong: Thank you. Is there any questions for staff? Seeing none we'll open the public hearing and invite anyone to come forward and speak on this matter. If you desire to speak, please state your name and address. Seeing no one, we'll close the public hearing and bring it back to council for discussion. Is there any discussion? I think this is a matter that has come before the council and the EDA a few times over the last month or so, so those of us up here are fairly familiar with it from our prior meetings. I think overall this is a prudent financial management action that will benefit the taxpayers of Chanhassen so I think it makes sense to move forward. Is there any other discussion? If not, is there a motion to approve staff recommendation of modifying the downtown TIF district with the attachments in our packet. Councilman Lundquist: So moved. Mayor Furlong: Is there a second? Councilman Labatt: Second. Mayor Furlong: Is there any discussion? Hearing none we'll move forward with the vote. Resolution g2003-94: Councilman Lundquist moved, Councilman Labatt seconded to approve the resolution adopting a Modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment Financing District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR SUBDIVISION OF 3.63 ACRES INTO 7 SINGLE FAMILY LOTS WITH VARIANCES~ AND A WETLAND ALTERATION PERMIT; LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LAKE LUCY ROAD AND POWERS BOULEVARD~ BURLWOOD ADDITION~ EPIC DEVELOPMENT. Public Present: Name Address Perry Ryan Rich Ragatz Bob Martinka Excelsior Minneapolis 6650 Powers Boulevard Sharmeen A1-Jaff: Thank you Mayor Furlong, members of the City Council. The site is located south of Lake Lucy Road and west of Powers Boulevard. It has an area of 5.17 acres. It is zoned residential single family. Just a brief background on this application. In 1995 Mr. Ravis requested a subdivision of his property into 4 homes. Rather than looking at this site alone, staff recommended that we look at the entire area, since the majority of the parcel within the area has the potential for further subdivision. Mr. Ravis' parcel was divided into 4 parcels. Access to the homes is via a private street. As a condition of approval of this application, Mr. Ravis dedicated the right-of-way for the bubble of the cul-de-sac. When staff looked at the overall area, we looked at 5 different scenarios trying to figure out how to develop the overall picture. The 12 City Council Meeting - October 27, 2003 scenario that you see before you today is what the city agreed to. With that in mind, as mentioned earlier, the site has 5.17 acres. The applicant is requesting to subdivide it into 7 single family parcels. All the lots meet the minimum area with the requirements of the zoning ordinance. Four of the homes are proposed to be served via a private street. The remaining 3 homes will be served via a public street. Currently there are 3 homes that are served via a private street. Mr. Christensen's home, Mr. Martinka's home, and there is some of you might be familiar with the site with the Twin's garage parcel. With the construction of the new public right-of-way, these homes will be accessing off of the public street and the existing private street will be abandoned. As part of the approval of the application for the Ravis subdivision, this private street will be closed off and access will come off of the new public street. With this application there is also a wetland alteration permit. It proposes filling 5,963 square feet. It will be replaced off site. With that staff is recommending approval of this application. We'd be happy to answer any questions, unless Matt you have anything to add. Mayor Furlong: Questions for staff. Councilman Labatt: Sharmeen, can you talk a little more about replacing it off site. The wetland alteration. As far as how that process works. Sharmeen A1-Jaff: The applicant worked closely with Lori Haak, our Water Resource Coordinator. The quality of the wetland on this site is not of high quality. There are banking credits where wetlands have been created off site. Actually they are outside the city of Chanhassen in this case, and part of the agreement is these credits, or it's double the size of what the applicant is filling on the site would be strictly dedicated to replace this wetland. Does that answer the question? Councilman Labatt: Well partially. We talk about the banking credits. What type of credits are they banking and I'm just trying to think how. Sharmeen A1-Jaff: The wetlands have been created off site. So let's round those numbers out. 5,000 square feet of wetland is being filled on this site. 10,000 square feet of the wetland that's already created off site will be dedicated in lieu of filling the wetland that you see on this site. Councilman Labatt: Okay. Sharmeen A1-Jaff: So basically he is purchasing 10,000 square feet of wetland to replace the wetland. Mayor Furlong: Purchasing the wetland somewhere else in the state. Not necessarily in the city. Sharmeen A1-Jaff: I believe it's in Waconia. The banked. Rich Ragatz: Oh, Cologne. Sharmeen AI-Jaff: Cologne. Mayor Furlong: Okay, so in the county but not the city. Sharmeen AI-Jaff: In Carver County. Councilman Labatt: Okay. 13 City Council Meeting - October 27, 2003 Mayor Furlong: And that's standard practice? Sharmeen A1-Jaff: Yes. Councilman Labatt: Okay, that's all I have. Mayor Furlong: Other questions. A couple questions. Mr. Saam, one of the issues raised at the last Planning Commission. The second Planning Commission, was the issue of handling the storm water I think on the south part of the site because of topographical issues I guess, and that it wasn't going to be handled with storm ponds but with piping or something. Have you had a chance to look anymore into that or there were some questions included. Have we done that in the city before? Matt Saam: No. No, I think what you're getting at Mayor is what they call the underground detention system. Basically a pond in big pipes underground. We are still collecting data on that. It's not used, what I would call extensively. It is used though by certain cities, mostly by commercial developments such as a McDonald's. Something like that or big box retail where you're paving everything. Maybe you don't have land for a pond. A normal pond, so then they put it underground in big pipes. There is a structure to control the release of the water, just like in a normal pond. But I'm not an expert yet on it. We're still gathering that information. Mayor Furlong: I guess, you know, I'd be interested in, since we're not familiar with it, what the ongoing maintenance cost might be. If there's anything more or less than the ponds and if it's under multiple properties, or the location from a property owners standpoint in terms of use of their property. Matt Saam: Sure. That's the type of information I'm trying to get from the applicant. They're used widely in the City of Bloomington, or somewhat widely, so I've got calls in there to see what kind of maintenance issues are they seeing with these. But as of yet ! don't have anything. Mayor Furlong: Well then I guess a general question, as this is a preliminary plat, if I'm correct reading the. Sharmeen AI-Jaff: This is a preliminary plat. Mayor Furlong: This is preliminary so if we approve this, what sort of comfort do we have, will we have time to gain comfort with that issue prior to the final, if we're not comfortable with that issue, do we have to go forward with the final? If it's part of the preliminary. I'm not suggesting I'm not going to be comfortable with it but. Matt Saam: I don't believe we're required to go forward with a final plat just based on a preliminary but maybe that's a question for the city attorney. Mayor Furlong: Yeah. The question is, they're proposing a new type of storm water management on a part of this site, and Mr. Saam said that we're still learning about it and my questions relate to long term maintenance and costs, since eventually I assume it's going to be turned over to the city. Matt Saam: Correct. 14 City Council Meeting - October 27, 2003 Mayor Furlong: Similar to a storm pond so if we approve the preliminary tonight, where that's in there, if we have issues with it down the road, can we deal with it at that point? Roger Knutson: You should condition the approval then on resolving your concerns about the long term maintenance issues involved with this underground pond. Mayor Furlong: Okay. Were there any conditions 1 through 59 that dealt with that, at this point, that we can amend? Matt Saam: I don't believe so. I'll do a quick check through Mayor. Mayor Furlong: Okay. While you're doing that, the other question I had with regard to the conditions was number 50, and it might be just the wording of this but as I read this, this requires that the full right-of-way be on the Martinka property, which I don't think was the intent of the site plan design. Because I'm reading it, it requires the full right-of-way needed for the standard roadway is on the Martinka property, and I think what we're trying to say is that, is that that portion of the Martinka property required for the full right be available. Is that a better way to phrase that? Sharmeen A1-Jaff: That's a better way to phrase that, yes. Mayor Furlong: Do you remember what I just said? Okay. I think I've got it, if you bear with me. Did you find anything, is there any other condition with? Matt Saam: No, there is not a condition. Mayor Furlong: Okay. Want to try to work up a wording while we keep moving along? Okay. Any other questions for staff? Councilman Ayotte: With regard to collecting data, when do you think the data collection will be done and the analysis completed? Matt Saam: I would hope we'd have the data collected this week. Analysis by next week. I'm confident by the time of final plat we'll have answers to your questions and concerns. Mayor Furlong: Okay. Is there any other questions for staff at this time? Is the applicant here? Is there any information you'd like to share with council this evening? Rich Ragatz: Yes. Mayor Furlong: If you could state your name and address please. Rich Ragatz: Rich Ragatz, Minneapolis, Minnesota. Mayor Furlong: Good evening. Rich Ragatz: Good evening. A couple of things. First of all I just wanted to have a clarification on one of the conditions. 48. I just wanted to be on the record that I do have an agreement worked out with the adjacent property owners and I will be giving this land to them. So that they have, so that he's able to subdivide. But we don't have to do it now. We can do it on the final plat, if that works out better for everybody. That's fine. 15 City Council Meeting - October 27, 2003 Mayor Furlong: Staff comments on that. Sharmeen AI-Jaff: We just wanted to insure that the Christensen. Mayor Furlong: Had street frontage? Rich Ragatz: Yeah, and that I'm on the record because I've been working with them on the process and I just want them to know that I'm looking out for him. And secondly, we're not here to talk about the southern part of the site but I just want to be on the record again that I'm solving a potential problem of who pays. Who benefits and who pays and I'm agreeing to pay for the entire cost of putting the cul-de-sac in, and taking out the private drive so when I come back here in front of you in 30 to 45 days, I just want you to know that I've you know, gone above and beyond probably. So that's all I have to say. Thank you. Mayor Furlong: Thank you. Before you leave, with regard to 48. Rather than taking it out, should we include an and/or in there in terms of transferring title prior to final plat to, and we can work out the property description or something? Roger Knutson: Mayor, Outlot A shows he gave it to the city or to the abutting property owner. I assume there's only one abutting property owner. Rich Ragatz: There's two. Roger Knutson: To the abutting property owners, excuse me. Matt Saam: Only one property owner will be getting the land though, so. Correct Sharmeen? Sharmeen Al-Jaff: That's correct. Roger Knutson: So to the abutting property owner. Mayor Furlong: But you said there are two abutting property owners? Sharmeen Al-Jaff: Yes. Mayor Furlong: To Outlot A. So to that abutting property owner that requires access, street access. Councilman Labatt: Who is the abutting property owner that's going to benefit? Sharmeen AI-Jaff: The Christensen's property. Rich Ragatz: It's a private agreement and there's, I'm giving it to, I guess to both of them and they're going to work out who gets it. Or who gets what so. Mayor Furlong: So if we leave this now, as far as the preliminary, if that's worked out prior to the final, that would be okay and then we can deal with it at the final and amend it at that point? I mean what you're doing makes more sense so I just want to make sure it's in there. So if we leave this now, you can still go forward with your private agreement and then take care of it at the final plat with regard to that condition. Great. 16 City Council Meeting - October 27, 2003 Rich Ragatz: Yeah, and there's some other conditions that we'll just work through those before final plat so. Mayor Furlong: Alright, very good. Any questions for the applicant? Very good, thank you for coming up. Rich Ragatz: Thank you. Mayor Furlong: Mr. Martinka, this would be a time if you'd like to address some items with the council. Bob Martinka: Bob Martinka, 6650 Powers. Thank you for the courtesy of a couple of minutes, not only on behalf of myself but one of the neighbors to the south, who as I mentioned was called away on a medical emergency. While we're certainly here to speak in support of the development and so on, they have a concern that they'd like to voice. Early in the planning process and the implementation of the plan which you either about or will approve at some point in time, in terms of the planning for the cul-de-sac and how it impacts, especially the immediate property owner. One and only one property will abut that proposed 100 foot cul-de-sac. Maybe forever. Certainly for many years. I suppose it could be a way out possibility of a second property at some point abutting that cul-de-sac. As compared to a 100 foot cul-de-sac serving 4 or 5 or even 6, I'm not sure of the number, pie shaped lots. The property owner who very much wanted to be here this evening and I'm sure would do you know a much better job on this, and is prepared to than I but would like the opportunity to explore with engineering, whoever else is involved. Is there something that can be done to mitigate or to lessen the impact on the character of their property and on the negative impact that it will have inevitably on the value of that property, which abuts that cul-de-sac? Taking the form maybe of exploring something less than 100 feet. Whether the number is 90 or 80 or 70 is not a subject here. The city has reduced the size of the public street that will be serving this development. The north, yeah the north/south stretch of that street. That leads into the cul-de-sac. It would seem to make, there would seem to be some reasonable basis for also exploring a reduction of the size of that cul-de-sac, and that's my only reason for being here is to convey that message on behalf of the individual, the address is 6722 Powers who immediately abuts that, what would be a disproportionately, really large chunk of a turn around abutting one house. Now how that would happen I don't know but I guess he respectfully requests that somehow he be engaged in dialogue with the planners as this thing takes more detail. Mayor Furlong: Not to put anybody on the spot but does anybody want to address that right now, or is that something we can deal with? Matt Saam: I'll add a little something. The cul-de-sac that Mr. Martinka's speaking to was platted as Sharmeen said, with the previous plat, the Golden Glow Acres, so it was platted to the south. That right-of-way is already in place. So for people who abut this right-of-way know it's there. We've always planned, even since it was platted, to put a street in there. And we are only proposing a cul-de-sac to meet our standard size. Mayor Furlong: And I guess the question that I hear being asked is, do we need or can we accommodate, obviously we need a place to turn our plows around and for safety. Is there some flexibility there or is that something that we can work with the developer on? I'm asking. Matt Saam: I think there's always flexibility Mayor. The one point I'd like to make is that, the cul-de-sac right-of-way is platted at 100 foot diameter. Current standards are 120 so we're 17 City Council Meeting - October 27, 2003 already 20 feet down from current standards. However, the pavement will be 90 feet in diameter, so what you actually see out there won't be 100 foot. Mayor Furlong: Okay. Bob Martinka: Could I convey to the property owner some sense of openness to their being involved in some dialogue on this and taking a look at it? Mayor Furlong: Is there any reason we wouldn't discuss the issue with the property owner? Matt Saam: No. No reason at all. Mayor Furlong: Okay, very good. Thank you Mr. Martinka. With that, are there any follow up questions for staff or the applicant at this point? If not, then I'll bring it back to the council for discussion. We're dealing with the preliminary plat with variances and the wetland alteration permit. Alright, Councilman Labatt's out of order. Any other? If not we'll move back to some seriousness here. Discussion on the preliminary plat, variances, wetland. ! think overall this is, I commend the applicant for working with the residents and trying to find something, the best solution in a situation that was created by actions of prior councils. I've made the commitment to the City Manager that this council will never create difficult situations for future councils so I'm on the public record there. But then there is a difference between perception and reality so, I will hold out to my perception. That being said, I think this is a good alternative. It's a difficult situation given the multiple property ownership and the parcels and their locations so, but it seems straight forward. There were a couple issues on some of the other conditions that I think we'll need to work through as we move forward, is the sense of the council is to move forward with the preliminary. Is there any other discussion? If not, is there, I think the motion started on page 15 of our packet. For the preliminary plat approval. Is there somebody that would like to make a motion? Councilman Labatt: I'll move that we approve the preliminary plat subdivision #03-12 for the Burlwood Addition for 7 lots and 2 outlots subject to the following conditions, 1 through 51 with number 39 being updated as to what was presented to us by Mr. Saam. So that's a new number 39. Did the applicant see this one Matt? Matt Saam: Yes. Councilman Labatt: Okay. Okay, so 39 is amended to reflect the new verbiage. And Mayor, if you want to help me out on number 50. Mayor Furlong: Yeah, I would suggest that number 50 read, this approval is subject to obtaining and verifying that portion of the Martinka property necessary for the full right-of-way is made available for that purpose. Councilman Labatt: Will that work? Mayor Furlong: Oh, did you have something else? Sharmeen A1-Jaff: I wrote up something but. Councilman Labatt: Well let's listen to her's. 18 City Council Meeting - October 27, 2003 Mayor Furlong: Let's take our pick, yeah. Sharmeen A1-Jaff: Okay. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. Mayor Furlong: Her's is better. Councihnan Labatt: I like her's. Mayor Furlong: Yeah, her's is better. Bob Martinka: I didn't hear that please. Mayor Furlong: Certainly, could you repeat that please? Sharmeen AI-Jaff: Sure. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. Mayor Furlong: Alright. Councilman Lundquist: Do you want to hit 52 as well? Mayor Furlong: Go ahead. Councilman Lundquist: That we add condition 52 would be, staff approval of the underground detention system for storm water management. Councilman Labatt: 51 is noted. Councilman Peterson: Are we going to change 48 or not? Councilman Labatt: 48, ! thought we were going to leave as is until we get to final. Mayor Furlong: And we'll cover it at final, correct. Very good. So motion's been made with conditions 1 through 52 as stated. Is there any discussion? Is there a second, excuse me. Is there a second to the motion? Councilman Peterson: Second. Mayor Furlong: It's been made and seconded. Is there any discussion? Councilman Labatt: Mr. Martinka's got this puzzled look back there, in the back row. Can we just make sure that he's clear on that number 50. Bob Martinka: Well it's just that our name is probably involved in this, and it's the first time I've heard of it and I want to make sure that, and I'm not sure this is the time and the place to have a full understanding of that and what the impact is. 50 foot of what? Mayor Furlong: Do you want to clarify? The language that came through the Planning Commission was a little ambiguous and we're trying to clean it up to make it clear. 19 City Council Meeting - October 27, 2003 Sharmeen Al-Jaff: Basically it ensures that this portion of the right-of-way, this portion, this triangular piece on your property becomes part of the right-of-way. Bob Martinka: But according to the terms in conditions and dimensions that are included in the 8 or 10 point agreement between me and the developer. Mayor Furlong: And I think the issue as far as the city is concerned, we're, the city doesn't have an interest in that private agreement. We want to make sure that that's available so that the property's available. However the developer insures that so. Bob Martinka: As long as it's understood that our position... Mayor Furlong: That's fine. Yeah, it's up to the developer. Correct me if I'm wrong but it's up to the developer to meet these criteria's however they make sure that that's done, so. Roger Knutson: Mr. Martinka is not bound by this. He's not in for subdivision approval. Mayor Furlong: That's right. Thank you. Very good. Any other discussion? If there's none we'll proceed with the vote. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve preliminary plat for Subdivision S03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received September 29, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. c. Show new ditch grades in the areas where driveways will be removed. 20 City Council Meeting - October 27, 2003 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Show the proposed contours for the berms along Powers Boulevard. Show all existing and proposed easements. Add a benchmark to the plan. On the utility plan: ao Show all proposed and existing utility easements. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. Add street lights at the intersection of Powers and the new street. All of the existing driveway entrances to the property from Powers Boulevard must be removed during construction. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. An outlet control structure is required for the proposed pond per City Detail Plat No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet to an existing storm sewer line in Mulberry Circle. Revise all slopes that exceed 3:1 or install a retaining wall. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. Any work outside of the subject property or right-of-way will require temporary easements. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. Draintile will be required in back of the curb on the public street. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee 21 City Council Meeting - October 27, 2003 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. The basement elevations of Lots 1 through 4, Block I must be a minimum of three feet above the HWL of the proposed pond. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. A 30 foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 ton design. The developer will be required to provide inspection reports verifying this. Vacate the existing public utility easement in the area of the new street. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. A public drainage and utility easement is required over the proposed pond. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit and the SAC fee is $1,275 per unit. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. Additional right-of-way will need to be platted to achieve a total of 40 feet from the center line of Lake Lucy Road. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. A storm sewer stub must be extended to the south to handle drainage from the future cul- de-sac, just south of the site. The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. The proposed watermain must be extended to the south property line for future looping purposes. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 22 City Council Meeting - October 27, 2003 37. 38. 39. 40. 41. 42. The developer is required to pave the portion of the existing neighbor's driveways that are within the subject property as per city ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 ton design. The developer is required to provide inspection reports verifying this. A minimum 20 foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. Building official conditions: Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. Each lot must be provided with a separate sewer and water service. Demolition permit must be obtained before demolishing any structures. The homes located at 6648 and 6650 Powers Boulevard will require address changes as they will be accessed from a different street. Fire Marshal conditions: Co A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. Block 1 and 2, Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. Three additional fire hydrants will be required: one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency turn-around, and the third one must be installed near the temporary turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. Approval of subdivision 03-12 shall be contingent upon approval of the Wetland Alteration Permit #03-1. 23 City Council Meeting - October 27, 2003 43. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 44. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 45. Based on preliminary estimates, the water quality fees for the development are $4,906 and the water quantity fees are approximately $12,139. AT this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $17,045.00. 46. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 47. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. 48. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac into the Golden Glow right-of-way. 49. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. 50. All lots shall be custom graded. 51. Staff approval of the underground detention system for storm water management. Ali voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Second motion request is relating to the wetland permit which begins on page 20. Councilman Peterson: I make the motion that the City Council approve Wetland Permit #03-1 as shown on plans dated and received August 15th subject to conditions 1 through 3. Councilman Lundquist: Second. Mayor Furlong: Thank you. Is there any discussion? Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve Wetland Alteration Permit ~O3-1 as shown in plans dated Received August 15, 2003, with the following conditions: Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 24 City Council Meeting - October 27, 2003 The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. o Approval of Wetland Alteration Permit #03-1 shall be contingent upon approval of Subdivision #03-12. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDERATION OF BUDGET FOR FORMER LIBRARY SPACE~ LOWER LEVEL OF CITY HALL. Public Present: Name Address Pat McGough Mel Kurvers Jean Mancino Dale W. Geving 7230 Pontiac Circle 7240 Kurvers Point Road 820 Santa Vera Drive 7602 Huron Avenue Todd Hoffman: Mayor Furlong, members of the City Council. With the opening of the new library we have the vacant space next door to City Council chambers here for some remodeling. Back in August staff presented a concept plan and a preliminary budget for remodeling that space. Upon receiving the report that evening, hearing from members of the Senior Commission, the council asked that staff take additional time in developing that plan. Specifically that we get more input from the Senior Commission. On September 19th a meeting involving KKE Architects, members of the Senior Commission and staff was held at City Hall. The minutes of that meeting are included in the attached schematic design package. The representatives were very appreciative of having an opportunity to state their position regarding the project. Following that meeting City Manager Gerhardt had the opportunity to meet with the Senior Men's and Women's Club to discuss the plans. Lastly with a revised schematic design package available, I had the opportunity to review that with the Senior Commission on this October 17th. The commission approved the current plan with unanimous vote. Separate motion was entertained concerning the inclusion of the kitchen appliances and that motion passed with one dissenting vote. A revised preliminary construct estimate is included in your packet. I'd like to speak to that directly prior to having the representatives from KKE step forward to discuss the layout of the plan. The base bid amount is estimated $175,760 and that includes the general construction of the space and then both the electrical and mechanical. General construction is estimated at $125,760 for mechanical and electrical both estimated at $25,000 per package. The furnishing estimate for all spaces is estimated at $50,390. Our contract with KKE has changed due to the fact of the, just the expansiveness of the plan. How involved it's starting to get. There are 2 or 3 cooling systems that we're dealing with because of the separate spaces of the building. The original construction, the second construction, so there's a variety of things that need to be done concerning planned development design, plans and specifications. So we would like KKE to perform that work for the city, including the city in construction management. Due to those changes the cost of their contract has increased to $24,460. That's an additional $14,160 over our original contract with KKE. The Minnesota Accessibility Code mandates that accessible restrooms be made available, or accessibility improvements be completed when accessing spaces or remodel. Currently there is no accessible restrooms available in the lower level of City Hall. The space for those restrooms has been roughed in and that brings the cost of completing those 25 City Council Meeting - October 27, 2003 restrooms down significantly. The estimate for doing so is $27,950 and those are located just across the hall from the existing senior center immediately across the hall from the congregate dining kitchen. So the estimated project cost is totaling at $278,710 to date. Last time around we talked about some cost saving measures. Those have been included in this updated plan and they are the elimination of a dividing wall, which saved an estimated $13,000. And the elimination of the majority of the sheet rock in the conference room ceiling which saved an additional $7,500. There's some minor cost savings, items that have a potential and those include eliminating the tile floor from the corridor leading to the elevator. That tile is included to create a uniform appearance as you walk down that hallway. There's a potential to save $1,600 there. We could stay with the existing grid ceiling and ceiling tile in the old library to save $3,000, and there's a bench that is outside of the meeting room. We could eliminate that for an additional savings of $2,500. Staff's recommendation is that the council approve the revised schematic design submittal for the City Hall remodel project dated October 27th as submitted by KKE. There's two options being proposed to finance these improvements. The sale of bonds or the use of excess cash from the sale of the bowling alley, which is estimated at approximately $300,000. The two financing options should be considered as a part of the 2004 capital improvements program approval process. The option to bond for these improvements, just as a side note, only became available in the last legislative session so that allowed the council to have two options to consider. Now I'd like to have the representatives, Mr. Glen Gauger and Matt Masica from KKE to go over the plan. Matt. Matt Masica: Good evening council members and staff. Good to be here tonight. Mr. Hoffman did a great job of kind of describing where we were and what we've done since and kind of where we're at tonight so I guess I'll just kind of highlight on the plan the changes kind of between the last plan and this plan and how, what those are so you get a better understanding about the issues that were... So what we tried to do is, we starting out with the circulation corridor. We kind of cleaned up those doors that are down there. We moved those. One item that was addressed in our meeting with some of the members from the Senior Commission was to add some tile to the kitchenette area and to add a door leading to the conference room. Kind of putting up both spaces to each other. Moving the senior coordinator's office into the new senior center space was high on their list, and I know as Todd had mentioned, kind of...these bathrooms that are...down there was also an item that he really absolutely... So kind of a lot of what I was going to talk about tonight, Mr. Hoffman covered for me so I guess if you have any questions. Mayor Furlong: Thank you. Questions. Councilman Peterson: Couple of quick ones. On the kitchen, a net kitchen aspect of it. Was there ever any discussion of putting some kind of privacy wall between the appliances and the rest of the group? I mean you usually see that in this kind of an open space. And the merits, pros and cons of that. Matt Masica: Yeah. In our last plan we did have an option in there for the foldable partition wall. That was one of the items that was listed in order to kind of tweak the budget to, and that was one of the items that Mr. Hoffman listed off tonight as something that could be deducted from the plan. Councilman Peterson: I guess I'm speaking more, 3 or 4 feet in front of the appliances and the sink and the dishwasher. I wouldn't see that as a partition wall. I would see that as a permanent, just to block the view so people who work in back of there, and again I'm just maybe providing better feedback. The ones I've seen are, it blocks the noise and it blocks the view of some of the stuff that may be going on, which is a minor dollar amount for putting up a simple wall, but 26 City Council Meeting - October 27, 2003 something to consider Todd and maybe talking to the Senior Commission about it, but I mean you kind of have that on the other side. You have the kitchenette kind of covered but, or protected I guess and that certainly begs the other question. You've got two kitchens within 30 feet of each other, and the merit of that. Is it safe to assume then the Senior Commission is really going to vacate the old space and just kind of move over to the new space? Todd Hoffman: I think they needed both spaces during the day. And the reason for the, we talked about eliminating one kitchen but we feel that during certain times both of these being used by separate groups and cross accessing kitchens back and forth would be disruptive to the one group utilizing the other room. So that was their reason to stick with the two kitchens. They'll be used simultaneously for example during set up for congregate dining, while other activities are going on in this new senior space, and so right now we have some overlap which causes conflict between the different user groups. Councilman Peterson: Okay. My last question regarding the ADA approved restrooms. The two restrooms that are in there, I question that they aren't ADA approved now. I mean I think, as I recall the minimum is 36 inches in front of the toilet, which I believe you have in both of those respective bathrooms, but to build another set of bathrooms 15 feet away from the other ones is a little bit disturbing. ! don't know whether we can use the restrooms we have back in the council chambers here to augment the space needed for that, and again I don't know whether or not you can answer that question but it certainly begs to be answered. Matt Masica: I guess in answer to your question, I haven't personally measured the existing restroom facilities. I'm basing that off of conversations with Steve Torell of the. Councilman Peterson: And again, I wasn't expecting you to necessarily know the answer but I think it certainly, you know I think it needs to be, a question asked again. I just hate to spend $27,000 on a bathroom, unless we need more physical space, and why couldn't we use the restrooms back here in the city hall? City chambers restrooms. City Council Chambers restrooms. Todd Gerhardt: I think we need to verify to see if they are ADA compliant or not. I think Steve had reviewed it at one point and found that they were not. They can be converted to ADA compliant from what Steve explained to me but you would lose the urinal in the men's bathroom, and one of the toilets in the women's to make the one stall bigger. But I think we need to verify if it's 36 inches or 48. Matt Masica: Yeah, we were looking at this kind of this afternoon and looking at the IBC Code. There was a question raised between Glenn and myself of whether or not the bathrooms would have to be finished out just for the additional use, occupancy use of that space. I think you will end up adding a significant amount of people in that area, and kind of our conclusion was that, or our recommendation was that based on the type of use that this area has to be slated for, it was our recommendation to proceed with that. Mayor Furlong: So it was necessary more from a use of the facilities as opposed to ADA compliant issue? Matt Masica: A little of both. Mayor Furlong: Or both. Okay. 27 City Council Meeting - October 27, 2003 Todd Gerhardt: Mayor, when I did speak to the senior men's and women's group, bathrooms were an issue brought up by that group, and needing more of them in a convenient location was expressed by that group. Councilman Peterson: Well this certainly wouldn't be convenient to the new portion. The City Council chambers restrooms would probably be closer than the new ones so, I don't know if we've accomplished that goal. Mayor Furlong: Other questions. Councilman Ayotte: For the HVAC. Did you say you're running two additional HVAC to handle the tech room and then. Todd Hoffman: Yeah, we're modifying the existing system. Two different systems to accommodate the new space. So modify two existing systems to. Councilman Ayotte: Okay. Add that and the controls, does that include modification of the control systems? Temperature control to accommodate the new space. Matt Masica: Yeah, it should include that... Councilman Ayotte: So if we're going to be affecting the two existing systems then, you would be the...GC, responsible for re-commissioning the entire, all of the HVAC. Matt Masica: Our engineers would provide the on site coordination for conservation of that installation. Balancing that... Councilman Ayotte: Well let me re-state it then. Whoever's going to GC this will ensure that there's a total integration of, and the total system will be balanced. Matt Masica: Yes. Councilman Ayotte: That's all I got. Mayor Furlong: Okay. Other questions? Just some clarification. The few items that were listed as possible additional savings, and Mr. Hoffman, Mr. Masica. One was the tile floor leading to the corridor. Is that a linoleum tile that you're using or is it something? Matt Masica: It's a vinyl tile. Mayor Furlong: A vinyl tile, okay. Alright. The cost didn't seem that significant I guess so I was curious on the materials. What is the condition of the existing tile in the ceiling tile in the old library. When was that put in and is that. Todd Gerhardt: 1980. Councilman Peterson: It's marginal to below average. Mayor Furlong: Alright. So that's a potential $3,000 savings. And then the bench seating outside the meeting room. I assume that's the long bench or what I see here. Is there a bench outside the conference room and at that angular wall both? 28 City Council Meeting - October 27, 2003 Matt Masica: Yeah there is. Mayor Furlong: Alright. Councilman Labatt: Where's the bench? Mayor Furlong: At the angular wall and then also across from the council chambers. Mr. Gerhardt, I think you spent a lot of time on this with Mr. Hoffman. From a utility of the area, do you see that bench seating as, nothing's required I guess but from a functionality standpoint, and I guess Mr. Masica too in terms of the use of the facility. All these questions relate to the three items listed, it's about $7,000 out of $300,000 and I'm curious if there's a penny wise and pound foolish nature to it. I'm not going to spend money we don't have to spend, but if what I'm seeing here is everything's been pulled out possible except for a couple $3,000 items, or a couple thousand dollar items, is that really what we're dealing with? These are the only potential cost savings? Todd Gerhardt: Mayor, Council members. What I would suggest that you do those as a bid alternative. If you're going to bid it out, let's get the true price. Nothing against our architects but that's their best guesstimate of what it would cost to do that, so if we do it as a bid alternative, you have a true cost in determining if you want to go ahead with that item or not. Mayor Furlong: And I think that's a great suggestion. Are there other items then, and maybe this is something we don't have to come up with tonight but I challenge the staff and the architect to see if them are other items that might be listed as bid alternatives that we could look to in case it comes in over what we think the budget might be, and if it comes in significantly less. Councilman Peterson: One example of that would be, instead of a bench where you would normally only have 2, maybe 3 people sitting at. In that same space you could probably have 4 to 5 chairs, which people would comfortably sit next to somebody in a chair, but they won't sit comfortably next to somebody in a bench, and that would be a lot cheaper to have chairs then it would be $2,500 bench. Mayor Furlong: Well wall or a privacy wall alternative standpoint. and I think, you know to your point Councilman Peterson with regard to a by that kitchenette area there, and design, that might be something from an Councilman Peterson: Yeah, I would agree. And again to clarify, that's not a full wall. It's maybe a three-quarters wall or something that just again hides the nasty nature of. Mayor Furlong: And that could be permanent or it might be a partition wall or something. Temporary as well from a furnishing standpoint. Todd Gerhardt: Matt was the bench, did that include the display case with the bench? Matt Masica: There's two different bench areas right now in our plan. One is at this node here, and that one is currently showing the display case. This is another bench here, which I think also has a great opportunity to be a display case, but at this point, as we're trying to kind of scale things back, we didn't want to add to the project. Todd Gerhardt: That's something we can add later on too? 29 City Council Meeting - October 27, 2003 Matt Masica: Yeah. Todd Gerhardt: For your costs associated with the deduct, did that include the display case as a part of the bench or were they separate? Matt Masica: The deduct was for this long bench, which did not include the display case. Todd Gerhardt: Alright. Matt Masica: In this particular area of the corridor, it's kind of the, some of the thought behind that space is that it's really maximizing the existing space that's down there, so really all you're doing is cutting one hole into the wall for that new door, and all the other walls are staying. So you end up with a little bit wider corridor and so it kind of presents itself as an opportunity to kind of be a design feature or highlight area along that corridor. Mayor Furlong: One question I have, and this regards the financing so I don't know if you can answer this Mr. Masica or not. And that, I don't know that we need to decide this tonight Mr. DeJong, but the issue was raised whether we use cash or finance. Any idea what the potential costs, financing costs would be, one. And two, is if we move forward next year with equipment certificate, is there a possibility, even though there are different types of debt instruments that we can consolidate them to reduce financing costs, if we choose to go with a financing route? Bruce DeJong: Mayor Furlong, I don't honestly know if we can combine those into one financing effort or not. I know that we have done joint financing of bonds issued under a couple of different statutes at one other time but I don't know if it works in this instance. Not had time to discuss that with anyone at Ehlers. Mayor Furlong: Okay, and we don't have to decide that tonight. I assume. Bruce DeJong: Yeah. Mayor Furlong: I mean I think what staff has done here, which we asked them to do, was come back with some possible funding sources which they've done. Bruce DeJong: Now certainly I think that the furnishings would be under any other capital equipment bonding that we would do, but I'm not sure about the physical alterations. Mayor Furlong: of clarification. requested at our Alright. Very good, thank you. Any other questions for staff at this time? Point The recommendation is to approve the schematic design. Are we going to be next consent agenda or future meeting then to authorize solicitation of the bids? Todd Hoffman: Yes. Mayor Furlong: Okay. Alright, very good. Any other questions? If not, thank you. Gentlemen, I'll bring it back to council for discussion. Councilman Peterson: Mr. Mayor, I think it's a space that we have a proven and defined need for existing improvements and additional space for the seniors that we can use in concert with other citizen groups for the space. Obviously they have priority but as we talked about before, there will be other opportunities for other organizations and such to use the space, along with city staff. 3O City Council Meeting - October 27, 2003 I think all of us are reticent to spend money but this is one of those things where it's for a good public purpose that will last for years and years into the future so I'm supportive of moving ahead with the caveat that the commentary that we've made tonight would be integrated into the alternative bids. So that's it. Mayor Furlong: Thank you. Other comments? Councilman Ayotte: I agree. Councilman Labatt: Ditto. Mayor Furlong: Okay. Councilman Lundquist: I would second Councilman Peterson's comments on needed space, especially for large meeting rooms in this city. I guess I'll be interested to see what the financing options come in at, and how that affects where we stand. I think we got some positive news on cash flow, cash availability for next year, but $300,000 is still a large chunk of change so I'm comfortable going ahead to, with the design and to look for some bids and hopefully also we can get some competitiveness to come out and lower that cost as well. Mayor Furlong: Very good, I agree. Comments well made. I think the, what I'll add too is, I'll commend the staff and the Senior Commission, a number of the members are here this evening, for working together to come up with a plan that's mutually agreeable, and it took a little bit longer than I think people had hoped, or some people had hoped, but at least we worked through the process and got something that works well. The price tag keeps going up so if we refer this back for more, I'm concerned that we'll see a higher number next time so, at this point I feel comfortable going ahead with this. I think this is an asset that we need to utilize. It's going to cost some money to remodel it so that it can be utilized, but it is for the public good. I agree with Councilman Lundquist. I'm hopeful that we'll get some pleasant news when we go out for bid, but let's see what that comes back at. That will give us time to make some decisions with regard to the source of funding as well. Any other comments on this? If not, is there a motion to approve the revised schematic design as submitted and proceed? Councilman Labatt: I'll move that we approve the revised schematic design with the Peterson caveat. Mayor Furlong: Very good. And we'll have to rely on... Yeah, let's state it specifically. Councilman Peterson: I think it was bid alternatives for the privacy wall for the kitchen. It was the, to verify that the bathrooms are ADA requirement and the appropriateness of essentially using the council chambers restrooms as the alternative, and look at the benches as a bid alternative to replace them with chairs. I think that was it. Mayor Furlong: Perhaps broader, any other bid alternatives in terms of cost savings. Councilman Peterson: Yes, certainly. Councilman Labatt: Yep. Mayor Furlong: Thank you. Is there a second? 31 City Council Meeting - October 27, 2003 Councilman Peterson: Second. Mayor Furlong: Is there any discussion? Councilman Labatt moved, Councilman Peterson seconded that the City Council approve the revised schematic design submittal for the City Hall Remodel project dated October 27, 2003, with the caveat of bid alternatives for the privacy wall for the kitchen, to verify that the bathrooms are ADA compliant and the appropriateness of using the council chambers restrooms as the alternative, to look at replacing the benches with chairs, and any other cost saving measures. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. COUNCIL PRESENTATIONS: Councilman Labatt: The only comments I'll make is, Westwood had their dedication ceremony yesterday. I attended one of the sessions with the Mayor and Tom did a fantastic job in his speech. Really. It was nice. Mayor Furlong: Thank you. Councilman Labatt: Just want to pass along a word from, I had a conversation with Joel Johnson, the Pastor on how much he appreciated working with Kate and Bob, Sharmeen, engineering staff and Lori Haak and the inspectors, and they had a good experience. They really appreciated the staffs work so Joel wanted me to pass along the thanks, so thank you. Mayor Furlong: Thanks. Councilman Ayotte: I attended the round house activity this past Saturday. Very positive. Not limited to the round house renovation itself, but them was a real sense of community and our residents felt good about themselves so that's what I was very pleased about. Mayor Furlong: Thank you. Anyone else? Had an opportunity on Friday to meet with the mayors of Chaska and Victoria, and this is the third time this year that we've done that. It's just something that Mayor Van Ely, Mary Vaugh and I have wanted to do just to establish relationships and it's interesting how much we have in common, and how little we don't agree on in terms of issues and matters that are affecting all our cities so just wanted to share that with everybody, that that's something that we will continue to do every 2 to 3 months as well, so if there are ever any issues or something, just a good way to establish those relationships. So when matters come up we have someone that we can work with. Very good. Any other items for council presentations? ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: The Mayor and I will be giving the State of the City Address tomorrow at the Chamber luncheon, so if you're not doing anything between 11:30 and 1:00, we will be doing that. Councilman Peterson: At the Legion? 32 City Council Meeting - October 27, 2003 Todd Gerhardt: AT the Legion, yep. Really nothing else to add. Mayor Furlong: Okay, thank you. CORRESPONDENCE DISCUSSION. None. Councilman Lundqnist moved, Councilman Labatt seconded to adjourn the meeting. voted in favor and the motion carried. peru, Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim All The City Council meeting was adjourned at 8:45 33