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CC 2014 04 28 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 28, 2014 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, Jill Sinclair, and Roger Knutson PUBLIC PRESENT: Dave Schulman 8011 Dakota Circle Katie Mahannah 92 Shasta Circle Lynne Pilgrim 8026 Dakota Avenue Drew & Amy Oman 800 Fox Court Conrad & Lois Fiskness 8033 Cheyenne Avenue Gene Gagner 8025 Cheyenne Avenue Theresa Thomas 8029 Cheyenne Avenue Tom Kotsonas 8001 Cheyenne Avenue Julie, Tom, Nate and Tanner Burns 1551 Lake Susan Hills Mary Stumpfl 8027 Cheyenne Spur Mayor Furlong: Thank you and welcome for everybody here in the council chambers with us tonight and those watching at home. We’re glad that you joined us. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not, without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: ARBOR DAY, MAY 3: INVITATION TO ARBOR DAY CELEBRATION AND PRESENTATION OF ARBOR DAY POSTER CONTEST AWARDS. Mayor Furlong: We have a few public announcements this evening. I’d like to get started with those if I could. First of all I’d like to start with an invitation to the Chanhassen’s annual Arbor Day celebration. In 1876 Minnesota became the fourth state to adopt Arbor Day as an annual celebration. This year, as in years past Chanhassen celebrates Arbor Day annually in order to set aside time for all of us to consider trees, what they do for us and how they enhance our city. Planting trees adds beauty and character to our neighborhoods. Reduces energy costs. Increases property values. Reduces pollutions and helps to replace some of the trees that we lost. Perhaps Elton Trueblood said it best when he wrote, a man has finally begun to discover the meaning of life when he plants a tree under which he knows he will never sit. I would like to invite all area residents, their family, friends to Chanhassen’s Arbor Day event that rd will be held this coming Saturday, May 3 at the Riley Ridge Park. Off Lyman Boulevard just west of 101. We will gather at 9:00 a.m. at the gazebo for a welcome from city commissioners and I will not be there unfortunately but our Deputy Mayor Denny Laufenburger will be there to extend the welcome on behalf of the council. Afterwards volunteers are going to plant some trees around the park. Refreshments will be served. There’ll be other information about trees and plantings. The event’s going to be held rain or shine and with the new gazebo there we’ll have a place to get out of the rain and hopefully the rain will Chanhassen City Council – April 28, 2014 be over by then. But please bring a shovel if you can and I encourage everybody to come. This is a free event and if you’d like some more information feel free to contact City Hall. Ask for Jill Sinclair and she rd can give you some more information on that too so that’s this coming Saturday, May 3. 9:00 out at Riley Ridge Park. Riley Ridge is one of our newest city parks. Neighborhood parks right over there by Riley Ridge neighborhood. Also this evening we have some awards to present for the Arbor Day poster contest winners and so I’m going to step down in front and we have a couple members of our Environmental Commission here with us this evening. Amy Omann and Katie Mahannah. If they can join me up here as well and we’ll go from there. Arbor Day poster contest. Each year on behalf of the City Council and the Environmental Commission we, the City sponsors an Arbor Day poster contest. This year I’d like to congratulate all the winners of this year’s contest. The City has been sponsoring the contest for 15 years as a way to talk about and encourage the benefits of trees in our community. Each year local fifth graders are invited to submit their drawings for the annual theme. This year the theme was Trees are Terrific Inside and Out. Is that trees inside the house? The tree itself. Okay. Alright. Just curious. The City would like to thank the fifth graders at St. Hubert’s school for their wonderful drawings and also like to thank The Garden for their generous donation of the grand prize winner of a potted tree of their choice. The framed winning picture will be hung in the city along with all the other ones which are up by the conference room out there so I’d like to invite the runners up for this year to come up here this evening. Lily Butterbough, Abby Duffing and Andrew Nguyen if they’re here. And then also I’d like to invite Emily Nicoletta, the grand prize winner to come forward. Is Emily here? Excellent. So this picture, Emily’s picture will be hung up on City Hall next to the other ones from prior years and it will be there for everyone to see so congratulations. Great job guys. PRESENTATION OF CERTIFICATES OF APPRECIATION TO COMMISSIONERS: STEVE WITHROW, PLANNING COMMISSION AND RYAN LYNCH, PARK AND RECREATION COMMISSION YOUTH REPRESENTATIVE. Mayor Furlong: Tonight we’d also like to recognize a couple of our departing commission members. Is Stephen Withrow, there he is. Stephen was appointed to the Planning Commission in 2013 and during his tenure the commission accomplished a number of major projects including Camden Ridge and Preserve at Rice Lake subdivisions. Commercial and industrial developments such as Bluff Creek Cottages, Great Plains Retail, Power Pointe and the Business Impact Group. Stephen also has brought a unique perspective and was always engaged in the conversation and demonstrated his passion for our city by his comments, direction and decisions that he made. Stephen, on behalf of the Chanhassen City Council thank you for your service on the Planning Commission. And Ryan Lynch. Ryan was an inaugural youth representative on our Park and Rec Commission. He and one other student were the first two youth representatives on our commission. It’s a new project we started last year. Ryan did a great job being involved with the meetings and helping out in many ways. Many valuable park and recreation projects were completed this last year as well as Riley Ridge Park. The park I just mentioned that we’re going to have Arbor Day at this year. The Rice Marsh Lake trail and Phase 1 of Pioneer Pass. During your tenure Ryan, our youth programs served over 5,000 children and our annual special events attracted about 75,000 participants. Ryan we appreciate all your contributions. Hope it was a good experience for you. We really appreciate your time and effort and contributions to the Park and Rec Commission. Ryan Lynch: Thank you. Mayor Furlong: Thank you. CONSENT AGENDA:Councilman Laufenburger moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated April 14, 2014 2 Chanhassen City Council – April 28, 2014 2. Receive Planning Commission Minutes dated April 15, 2014. 3. Well #15: Approve Consultant Contract with BARR Engineering. Resolution #2014-25: 4. Approve Mileage Designation to the Municipal State Aid System, PW004. Resolution #2014-26: 5. TH 101 Minnesota River Crossing Project: Concurrence of Bids. 6. Approve Request for Temporary On-Sale Liquor License, May 27, St. Hubert Catholic Community, 8201 Main Street. Resolution #2014-27: 7. Resolution Proclaiming May 3 as Arbor Day in Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: TANNER BURNS, POWER HILL PARK EAGLE SCOUT PROJECT. Mayor Furlong: This evening we do have a young scout, Tanner Burns who is proposing to do an Eagle Scout project out at Power Hill Park that’s going to be presenting to us. Good evening Tanner. Why don’t you come on up. Tanner Burns: Thank you City Council members. My name is Tanner Burns. I live at 1551 Lake Susan Hills Drive in Chanhassen. Like Mayor said I am presenting a Power Hills Park Eagle project. I’m from Troop 409 in Excelsior, Minnesota. Next slide. Laurie Hokkanen: Use that clicker right next… Tanner Burns: Alright. Just a little bit about myself. I’m 17 years old. I am currently a junior in Chanhassen. I’ve lived in Chanhassen all my life and the park that I’m doing the project at, I’ve gone sledding there multiple times during the winter so I mean I, this is really an important project for me because I’ve used the park before. Then also the kids that will be using it after I leave and stuff like that. And then also earlier this year I enlisted in the Minnesota National Army Guard so that is going to be a little bit in the short term future for me. So the project, it’s going to include one picnic table with a cement bottom. One park bench that’s going to be drilled into the sidewalk right by the swing set. Then we’re going to plant 4 oak trees. 2 oaks. Or 4 trees. 2 oaks and 2 hackberries. These will be, these are being put in to replace the Emerald Ash trees that are there currently. So the picnic table is going to look like that. Like I said earlier we’re going to put a cement platform on the bottom, just kind of make it sturdy and stationary. It’s going to be like an 8 foot by 7 foot bottom and then that will just get bolted down to that as well. And then a park bench that is going to be put right in next to the swing set. There’s the jungle gym and then there’s one like right on that sidewalk but there isn’t one by the swing set so I thought that would be good to put one on that side as well. That’s what it should look like. And then the trees. As I said earlier, 2 oaks and then 2 hackberries and then they will be, they are to replace the Emerald Ash Borers, or the Emerald Ash trees that are there currently. And then this is kind of an overview of the project. So you have the 8 by 7 cement platform with a picnic table kind of on the hill. That is kind of like the flattest kind of spot right off of the blacktop. And then the circles are the trees where they will be getting put in. Kind of just for shade and stuff like that also to replace the trees there currently. And then you can see the park bench right there right by the swing set so you can sit down and watch your kids swing so that is it. Thank you. 3 Chanhassen City Council – April 28, 2014 Mayor Furlong: Good. Thank you. Any questions for Tanner? Councilman Laufenburger: I have one. Mayor Furlong: Councilman Laufenburger, please. Councilman Laufenburger: Tanner thanks for coming forward. This sounds like an exciting project. You must live near there, don’t you? Is that correct? Tanner Burns: Yes I do. I live a block away. Councilman Laufenburger: There’s a lot of materials. You’ve got planks. You’ve got metal. You’ve got cement. Are you getting help with the funding of those materials? Tanner Burns: Yes I am. The City, I was speaking with Todd Hoffman. He said that the City would pay for those but I will also be getting the work from my troop so they will be providing the work. Councilman Laufenburger: So you’ll be the project manager. Tanner Burns: Yep, I will be the project manager. Councilman Laufenburger: Supervisor. Tanner Burns: Yep. Yep. Councilman Laufenburger: You do that. You do that. Tanner Burns: Yes, that’s. Councilman Laufenburger: Oh, do that again. It wasn’t quite done right, that sort of thing. Tanner Burns: Yes. Councilman Laufenburger: That’s good practice for when you get into the Minnesota Army National Guard Tanner. Thanks for your work on this project. Congratulations. Tanner Burns: Thank you. Mayor Furlong: Thank you. Any other questions? Tanner, you said you’ve been working with Mr. Hoffman so are you working with him on getting quotes and such for the materials as Councilman Laufenburger asked about? Tanner Burns: Yes I am. Mayor Furlong: What’s your timing on the project? When do you think the installation’s going to take place? th Tanner Burns: I need it to take place in May. I leave for basic training June 16 and while I’m at basic training I actually turn 18 so I won’t be able to finish my Eagle, or my boy scout kind of career ends there so I mean I won’t be able to come back and finish it up so I really need to get this done before I leave and I really wanted to so. 4 Chanhassen City Council – April 28, 2014 Mayor Furlong: Sure. Do you have a date picked out yet or what are you shooting for? Tanner Burns: Not currently right now. I just need to wait for the trees and the cement and the picnic tables and all, to all come in and stuff like that so. Mayor Furlong: Okay. Alright. As soon as you have that let us know and. Tanner Burns: I will. Mayor Furlong: Because I think some of us would like to be out there when you’re, when the project’s going on. Tanner Burns: I will, thank you. Mayor Furlong: Very good, thank you. Is there anybody else that would like to address the council under visitor presentations this evening? Okay. Thank you. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Let’s move on now with monthly update from both the sheriff’s office and the fire department. Lieutenant Jeff Enevold is here and I’d like to invite him up. Lt. Jeff Enevold: Mr. Mayor, council, good evening. I have the honor tonight of introducing some employees of the Ridgeview Chanhassen Clinic and also one of the Sergeants assigned to the city of Chanhassen who helped save a life last week and I’d like you Mr. Mayor and City Manager Todd Gerhardt to help recognize these folks so if John Whisney, if you would come up please. Dr. Eric Johanson. Lori Poquette. Laurie Bauer. Laurie Koering and Dianne Wenz. And Sergeant John Bromwell. Come on up. th Mayor Furlong: The reason everybody’s up here is on Wednesday, April 16 the Carver County Sheriff’s Office received a 911 call at about 8:24. I like the about’s. 8:24 out at the Ridgeview Chanhassen Clinic. The sheriff’s office and the fire department responded very quickly. They got there in about 4 minutes of the call, 2 minutes after being dispatched. The Ridgeview medical staff, the people here today administered oxygen. Attached an Automatic External Defibrillator and performed CPR on the patient. Sergeant John Bromwell was one of the responders along with Deputy James Foray. They arrived a couple minutes later and found the clinic staff was performing CPR on the adult male. The Sergeant relieved the staff and began performing CPR himself and shortly after that the Automatic External Defibrillator advised that a shock was appropriate. They administered the shock. The patient regained consciousness and a heartbeat. Was finally stabilized after the fire department and everybody else was there and then transported by ambulance to the hospital. Thanks to the quick actions of the staff members, the responding deputies and the fire department they were able to restore breathing. Obtain a pulse. Stabilize and get the patient transported for further care. The following week police say the patient came back for an appointment. He must have rescheduled the appointment I’m assuming. More importantly the patient’s doing very well. So thanks for the quick actions of the Ridgeview staff who’s here with us this evening and Sergeant Bromwell. This incident could have turned out much more differently and indeed very tragically so in recognition of the quick actions and the first aid care it’s my pleasure to award the Ridgeview Clinic, Chanhassen Clinic staff a Certificate that Mr. Gerhardt has recognizing their quick actions and also with a citizens coin from the sheriff’s department for all that they th did to help on Wednesday, April 16 to save a life. 5 Chanhassen City Council – April 28, 2014 Lt. Jeff Enevold: Thanks Mr. Mayor. Mayor Furlong: Thank you. Go ahead Lieutenant. Lt. Jeff Enevold: Okay and the last slide I have for you is, you may have noticed that the Part 1 thefts have jumped up a little bit and so I went back and I took a look at the commander report from the first of the year to today’s date and I’m pleased to say that the thefts from vehicle are still lower than normal but we see the shoplifting is up. The gas drive off’s and the thefts from vehicle make up about half of all the Part 1 thefts and then we have some miscellaneous stuff. Somebody didn’t pay a taxi fare. There were some thefts from construction sites. Thefts from the recreation center where people are leaving iPods and cell phones and stuff around. Thefts from the workplace. Different businesses within the community. There was a theft of a license plate and then somebody stole a package from a front porch so there’s kind of a myriad of thefts that are occurring out there but the one that we targeted the last few years were the thefts from vehicle and we’re still doing well there. Mayor Furlong: If I could just ask. How does that, the thefts from vehicle you say we’re doing well. Obviously anyone that gets something stolen out of their car is one too many for that person but, how do these numbers compare to other cities of similar size or in and around the region that you’re aware of? Lt. Jeff Enevold: If you compare our Part 1 crimes to other communities in the surrounding area, they’re a lot lower. A lot better than any other of the community so we have a pretty low crime rate in the City of Chanhassen. Todd Gerhardt: What are the 3 best things to prevent theft from a vehicle? Lt. Jeff Enevold: Lock the vehicle obviously. Don’t leave anything in plain site and if you have to leave something in the vehicle before you go anywhere, you know lock it in your trunk. That’s the best thing because you know we’re seeing, like the first of the year, the first part of the year we saw a bunch from the dog park out at Minnewashta because folks would take their dog out. Think they’re going to take them on a quick walk and leave their purse or anything in there. Well that’s what these people target and there’s opportunities so, so get rid of the opportunity and we can reduce the crime. Mayor Furlong: Are we seeing those thefts from vehicles, do they occur in the neighborhoods or in the shopping center parking lots or where? Lt. Jeff Enevold: That’s normally the biggest target is you know the Lifetime Fitness’s. The Target parking lots where people will park their cars and I don’t know if they have some sense of security that they can leave something in the car there and do that but, that’s normally the. Mayor Furlong: Okay, and you mentioned the park as well. Lt. Jeff Enevold: Yeah that’s the biggest target for the thieves because there’s more opportunity there. Mayor Furlong: Okay. Todd Gerhardt: And I think the County’s working on some surveillance cameras. Lt. Jeff Enevold: We’re working with Minnewashta Park to put some additional signage out there and we’re discussing putting some cameras up there to help deter people or we can get some license plate numbers, yep. 6 Chanhassen City Council – April 28, 2014 Todd Gerhardt: And I think you also put out some temporary signs that you know, make sure you lock your cars right now so. Lt. Jeff Enevold: Right, yep. Any other questions from Mr. Mayor or the council? Mayor Furlong: Questions on the report? The monthly report or any other items going on. Lt. Jeff Enevold: Terrific. Thank you. Mayor Furlong: Thank you Lieutenant. Assistant Chief Cori Wallis is here with the Chanhassen Fire Department. Good evening Assistant Chief Wallis. Assistant Chief Cori Wallis: Good evening Mr. Mayor, council. Update for the month. We currently are at 38 active fire fighters. We are about to start our, we’ve already started our recruitment process. Tomorrow night we have our orientation for anybody that’s interested. Mid-May will be the physical th agility test for those people and then mid-June interviews and then the Monday after the 4 of July we will be bringing on the new people that have made it through the process and then they will start their probationary period at that point. Mayor Furlong: And if I can interrupt real quick. Assistant Chief Cori Wallis: Yeah. Mayor Furlong: You said there’s an event going on tomorrow night and what is that event? Can you give us more information and details? Assistant Chief Cori Wallis: So anybody that’s applied so far at this point got an open invitation to come in for orientation. Mayor Furlong: Okay. Assistant Chief Cori Wallis: They’ll sit down with myself. Chief Johnson will be here tomorrow night. Assistant Chief Murphy and our training captain, Jim Van Asten to just kind of go through what is the first year. What’s, how’s this going to interrupt your life? How’s this going to effect you? What is going to happen in the next year? So that’s tomorrow night and then we’ll sit down and then we see who we weed out after that point and then who wants to continue on and then we’ll start with interviews. Todd Gerhardt: Sounds like they’re going to scare them away. Assistant Chief Cori Wallis: Staff time not call related for the month. Our staff for community events, fire education, duty crew standby and department meetings so far this year is at 711 hours that we’ve put in other than calls. Last year we were at 499. Those hours are up this year because of the weather standby’s that we’ve had meaning that every time we’ve had a severe weather occasion we’ve put a crew on, whether it’s for 3-4 hours or 24, up to 72 hours. Training, right now we’re working on getting everybody caught up on the we call it right front seat training. The right front seat training is everybody that is going to ride that right front seat and make decisions so for some reason there’s not a Chief officer or duty officer on that night, that person in the right front seat can make the decisions that the command staff would make. We completed pump testing last month on all of our trucks that have a pump on them. A few minor issues were found. Nothing exciting. Ladder testing will start probably as soon as the rain ends, which we’re not real sure when and then we’ve also completed our seat replacement project which what that did is all of our trucks that were older than 2010 got all new seats in them that were NFPA 7 Chanhassen City Council – April 28, 2014 compliant and just more safe for the fire fighters to be in. We talked about it last month was our first fatal fire we’ve had in 25 years. That is still under investigation. We’re still waiting for the report from the State Fire Marshal’s office. That’s all I have for you unless you guys have questions. Mayor Furlong: Any questions for Assistant Chief Wallis? Councilman Laufenburger. Councilman Laufenburger: Assistant Chief Wallis, talk about this severe weather station standby. That sounds like you’re getting ready for something in case it happens so what do you get ready for? Assistant Chief Cori Wallis: It does. So what we do, we watch the weather pretty close so like over the winter this year we had several occasions where we knew there was a storm blowing in or we just knew it was going to be bitter cold so what we do is we find a crew of 3 or 4. We put them at Station 1. If we think it’s even more severe than that we fill Station 2. So there’s 3 or 4 fire fighters per station. They actually live at the station for however long we deem necessary. So what it does is puts them in the station so that we’re not bringing everybody else out of the house at night. So 3:00 in the morning we have a medical or a CO alarm or something very minor, that crew can handle the call without making everybody else get outside. Get their car stated and get to the station and put themselves at risk to having an accident or sliding off the side of the road or something like that. These guys take care of it and then if it’s more severe than that, then they go to what we call a general alarm and we bringing everybody back in. Councilman Laufenburger: So you’re, what you’re really doing is you’re reducing the response time too because it means you don’t have to bring people from 2 or 3 miles away. Assistant Chief Cori Wallis: Correct. Councilman Laufenburger: You know where they are and they can be dispatched with the appropriate vehicle right away. Assistant Chief Cori Wallis: That is correct. We try to reduce our time. We try to have that truck from the second page out the door within 60 seconds. Councilman Laufenburger: Wow. Now does that same thing apply as you watch for tornado weather and things like that? Assistant Chief Cori Wallis: Yes. Carver County works closely with the National Weather Service so that when they see severe weather coming in, they page us ahead of the storm. We put people at the station and then they actually put us out at different areas of the city to actually storm spot so we’re watching the storm as it’s coming in and relaying that information to the National Weather Service. Councilman Laufenburger: Cool. Very good. Assistant Chief Cori Wallis: Yep. Councilman Laufenburger: Thank you very much. Assistant Chief Cori Wallis: You’re welcome. Mayor Furlong: Any other questions? Thank you. Assistant Chief Cori Wallis: You’re welcome. Have a good night. 8 Chanhassen City Council – April 28, 2014 Mayor Furlong: Appreciate the report. Thank you. PUBLIC HEARING: 2014 STREET RECONSTRUCTION PROJECT: ASSESSMENT HEARING. Mayor Furlong: Let’s start with a staff report please and then we will follow with questions from the council to staff. Have a public hearing of any interested party that wants to speak on these projects and then we’ll bring it back to a vote so, and consider the question. Mr. Oehme. Paul Oehme: Thank you Mayor, City Council members. Tonight I’d like to, as the Mayor had indicated, go through the 2014 street and utility improvement project. It consists of two neighborhoods, Minnewashta Shores and Kiowa Trail and then also hold an assessment hearing as well. So again there’s two major project areas in this year’s street improvements that are being proposed. One is just north of Minnewashta, Lake Minnewashta and the other one is Kiowa Trail, just on the west side of Lake Riley. In all there’s approximately 1.2 miles of streets that are proposed for reconstruction. These streets have been surveyed by staff and the pavement condition has been rated and staff feels that the streets are in such poor condition that we cannot maintain them anymore reasonably, cost effectively with minor maintenance and such. And there is also plenty of, there’s other utility needs in these areas that we’re going to be trying to address for this project as well. With this project. So just real briefly I’d like to just review the project themselves. Minnewashta Shores area. It’s approximately .66 miles of streets to be reconstructed. Streets vary between 24 and 27 feet wide. There’s no curb and gutter out here right now. Storm water just basically discharges from these streets into Lake Minnewashta and we’re trying to make water quality improvements in conjunction with this project. Streets have been sealcoated and maintained over the years. Several sealcoats have taken place over the years but the streets are over 40 years old now and falling apart and cannot be maintained with typical sealcoats or just patching. And the PCI’s, the pavement condition index is like I alluded to before, they range between 15 and 45 indicating that they are in the reconstruction area. Anything below 45 is typically necessary for reconstruction. The pavement condition is such deteriorated that they’d have to be replaced. For example the 100 PCI score is basically a new street so that kind of gives an indication of where it lies on the pavement condition index scale. Kiowa Trail streets again. These are in poor condition again. The street out here are approximately 24 feet wide. .36 miles in length. Shorter project than, smaller project than Minnewashta Shores area but nevertheless it is still a major endeavor to reconstruct streets like this. Streets were built in ’78. The street was here prior to ’78 but it was last paved and last improved back in ’78. And the average, the pavement condition index on this street is 13 so which is a very low score indeed. So as I indicated staff is recommending a full reconstruction of all these areas. Kiowa Trail and Barberry Court we’re trying to standardize our street widths in both of those areas. They average about 22 feet wide so that’s what we’re trying to put back. All the other streets in the Minnewashta Shores area is about 24 feet wide. Replacing the pavement section, adding drain tile. The pavement section in this area, both of these sections are under sized for what we see as the typical or the necessary strength for carrying today’s traffic loadings. Garbage trucks and that stuff so we are proposing a 9 ton pavement design which includes sand. Sand gravel, Class 5 and then also new asphalt and we also add drain tile to the system, to the street project just to drain out the water that may get into the pavement section and lessen the strength of the pavement so drain tile is an important component to reconstructing streets especially in Chanhassen where there’s a lot of clay. Also this drain tile can be used for connections for sump pumps. For residents they can soft connect into the drain tile to relieve drainage from their sump pumps into, instead of going onto the street into the drain tile thus saving drainage issues down the road or freezing issues during the winter months caused by the sump pump discharges. We are proposing to install concrete curb and gutter throughout both of these project areas. This helps both to, we feel to lengthen the longevity of the pavement itself and also it helps with the storm sewer improvements that are being proposed as well. The watermain is being proposed in both of these areas as well. New watermain and services and 9 Chanhassen City Council – April 28, 2014 basically to the property lines. Storm sewer improvements I’ll get into a little more detail on that. There’s some extensive storm sewer improvements that we are also proposing in both of these areas. And then miscellaneous sanitary sewer improvements as well so with that storm water improvements in Minnewashta Shores, staff has been working with the homeowner's association in this area to make some improvements to the storm water runoff before it ends up in the Lake Minnewashta. What is being proposed here, this is the homeowner's association park in green right here. Right now it’s a pretty steep grade down to the park. Staff is proposing that the excess material from the streets, it’s typically clay material that will come off the streets would be exported onto the, or trucked onto the park. Leveled off and basically this would make a much more usable park for the homeowner's association. It’s pretty steep right now as I indicated so we’re trying to get it down to maybe a 2% grade so they can play baseball or soccer. Basically those type of activities on the park. There is a creek that currently runs through the middle of the park that will be replaced with a storm sewer pipe to the wetland to the south. However all the smaller, lower rain events, say under a 10 year rain event, which is approximately an inch and a half rain event would go into an infiltration basin here. More or less a quasi rain garden for treatment and sediment control before it discharges into the wetland and eventually into the lake as well so, several benefits for storm water quality improvements associated with this project. Also there’s some benefits for the homeowner's association. It gives them a better useable park and so I think we come up with kind of a win/win situation here for both the City and the residents as well. We have approached the watershed district in this area. Minnehaha to be specific, the watershed district and they are reviewing a $40,000 grant application that we submitted to them so we feel hopeful that that grant will be accepted to go towards this, the storm sewer improvements. In Kiowa Trail area, again we are making storm water improvements because again this project is right next to the lake. Some of the improvements include storm sewer. New catch basins. We’re putting in porous pavement in where the parking area is next to the park and that would allow the water to filtrate through the pavement and be filtered in the aggregate base that sits underneath it. Iron filing systems would also be incorporated into the existing pond in the park. This captures phosphorous before it discharges into the lake as well. Sump manholes would also be constructed as well and those sump manholes would be maintained on a regular basis when sediment builds up in there so we did apply for a $20,000 grant application to the Lake Riley Watershed District here and we did get a $20,000 grant for these improvements so that’s part of the funding package as well. Sanitary sewer improvements in the Minnewashta Shores area are somewhat limited. There is a need for replacing a portion of the sanitary sewer main that’s on Arbor Lane here shown in red. It’s inbetween two properties. This sanitary sewer has settled which has been causing problems for maintenance and clogging potential back up’s into the system so staff is proposing to replace this section of pipe and re-lay it so it flows a lot better. We’re still in negotiations with property owners out here for easement acquisitions and landscaping but all that improvements are part of the contract at this time. So we’re hopeful to move forward with this section of the roadway with the project. So construction, like every major reconstruction project there is a lot of work that goes on and staging of the project is complicated and a lot of things that have to take place, especially when we’re installing watermain. We are open cutting the watermain in both of these areas so a lot of dirt’s going to be moved around. We are going to be putting in temporary connections to homeowners in Minnewashta Shores area so they’re not out of water for a long duration of time so there’s some temporary water service associated with the project. Construction inspections, we’ll work with the contractor to coordinate the work and notify residents about upcoming construction in front of everybody’s house so there’s level of notification that will be associated with each of the stages as a construction moves along. Mailboxes will be relocated to the appropriate entrance points for the construction area. We haven’t, post office hasn’t given us an indication of exactly where those, where that mass, where all the mailboxes will be relocated but we are going to have that hopefully by the end of the week here. And we also always work with the property owners on that coordination as well. Part of the contract for the contractor is to replace the mailboxes at their current location so that is part of the project as well. Garbage collection, we always work with the contractors and the garbage collection folks on that and we always require that the contractor help out if you know there’s some delays or some access issues during garbage collection day so collections are 10 Chanhassen City Council – April 28, 2014 continuous throughout the project. Again like I indicated the residential communication is key to having these projects be a success so several things that we’re going to be working with the residents on is door knocking hangers. Website updates. Post cards in the mail and specifically in Minnewashta Shores we have a lot of email addresses from the residents there. We’re going to be using that specifically to get out notices as much as we can and then obviously in person communication when watermain’s going in front of somebody’s house, we’re going to be talking to those folks and let them know as much as we can about what’s going to happen on that day and try to let them know when and if they need to get out of their driveway. The City did take bids several weeks ago on the project. We did receive four competitive bids. The lowest responsible bidder was GMH Asphalt in the amount of $2,225,529.91. GMH did work on last year’s street project as well. Engineer’s estimate was a little over $2.2 million dollars so right in the engineer’s estimate was the bid came in so, which is good. Here’s a brief breakdown of what the cost and budget for the project was. Feasibility study was at $2.268 million dollars. Bids came in at a little over $2.464 million dollars and that does, the bids and the costs of $2.4 million dollars includes 3% contingencies and some indirect costs. Engineering, soils, investigation testing, and then surveying as well so, some of those indirect costs are included in the total financing package. With that the assessments, the City does consider as a practice of assessing 40% of the street project costs back to the th benefitting property owners. We did have a public hearing on Minnewashta Shores on January 28 where we discussed the proposed, the preliminary assessments and then on, actually Kiowa Trail was on January thth 28, I’m sorry. And then Minnewashta Shores was on February 14 so did present both of those preliminary assessment amounts to residents and to the, for the City Council at that time and I’m happy to report that both the preliminary assessments are lower than what the proposed assessments are. Staff did look back at, or recalculate the assessments just for the street again improvements on what was bid out, or what the bids came in at so we adjusted the assessments based upon the actual costs that we received from the contractor so that’s, so Kiowa or Minnewashta Shores assessment. Proposed assessment is $6,695.57. Kiowa Trail street improvements are proposed at $4,507.96. There is a, that cost is a little bit less, significantly less than what was preliminary amount, or estimated because when we wrote the feasibility study the assumption was that the roads were a little bit wider than they were and also the bids that we received from the contractor in this particular area were actually, the unit prices were a little bit less than they were in the Minnewashta Shores area so that’s the discrepancy between those two numbers. Kiowa Trail there is no watermain in that, on that street currently. That’s all, all those property owners are on wells right now. It is our objective to provide water service to properties that don’t have water service in conjunction with these projects and we have some, we have had support for extending water at this time in conjunction with this project. Since this is a new water installation, it has been the City’s practice to assess 100% of that benefit back to the property owners. The property owners would still be responsible for extending the water service from the edge of the street or the property line to their house but the City will extend water service to that property line and put a curb stop box in there wherever it makes sense to put it on their property so based upon bids that we received and the 24 units or the 24 connections that would be out there, the assessment just for the watermain is $6,284 so that’s for that assessment. There’s several ways that property owners can finance this. Obviously they can pay it off in full if they so choose. Or the terms of assessment would be over 10 years at 5.25% interest. That’s 2% above what prime rate is and that’s our typical calculation that we use for interest rates for these type of projects. With that the proposed schedule if the project would move forward, we are looking at, would like to start Kiowa Trail very shortly, probably in mid-May if the weather works out. And that section of roadway is again, it’s about four-tenths of a mile. We estimate that that project would be substantially completed by the end of June if weather permits. Then Minnewashta Shores, since that is a larger project area, we’ve broken that project down into two phases. Basically the west side of Minnewashta Shores would be started sometime in mid-June and then be more or less substantially completed by mid-August and then working out way out of the neighborhood, the last section of Minnewashta Shores would start some place in July with utilities improvements and then be completed by approximately mid-September. Substantial completion we’re anticipating with driveways, restoration would be late September weather permitting again and then installation of the wear course, that last lift of asphalt would go on in next spring. Probably June or July 11 Chanhassen City Council – April 28, 2014 so with that if there’s any questions regarding the project or the assessments I’m here to try to answer any of those questions but I would request that an assessment hearing be opened as well. Mayor Furlong: Alright, thank you Mr. Oehme. Appreciate the complete report. Any questions for Mr. Oehme? Councilwoman Ernst, did you have a question? Councilwoman Ernst: Yes I did, thank you Mayor. Paul can you go back to the slide where you were presenting the PCI’s for the roads and I think it was for Kiowa and, I don’t remember the other road. Bayberry. Paul Oehme: Minnewashta Shores? Councilwoman Ernst: Yeah. So the road, you’re saying that the survey showed that they’re between 15 and 45. Why would we be replacing those are at 45 when typically it’s not anything below 45? Paul Oehme: Yep, so what we do, we break out street PCI areas into blocks basically and we look at surveying each of the blocks separately so there might be a section of that’s 45 but right next to it may be a section that’s 15 so the section that’s 45 we might have, there’s several watermain breaks that have taken place out here so that section might have been patched several times which would indicate a higher level of condition for the pavement so that’s the variability in the survey as well. These streets were more or less built at the same time so all things considered, you know if they were left alone, not patched out it would pretty much deteriorate at the same time. Some of the streets may have you know a little more traffic than the others too which would deteriorate the pavement section a little bit sooner as well. Councilwoman Ernst: Just curious, do you know what percentage of the road was at that level? Paul Oehme: I don’t right off the top of my head but I know if we average it out it would be well under 45. Councilwoman Ernst: Thank you. Mayor Furlong: Other questions? Councilman Laufenburger. Councilman Laufenburger: Thank you. Mr. Oehme, can you go to the Kiowa Trail display where you were showing the storm sewer. Right there. Porous pavement in the parking area. First of all can you talk a little bit about what that porous pavement is and then answer the question have we used it anywhere else. Paul Oehme: Sure. So porous pavement, it’s somewhat new to the metropolitan area. I think it’s maybe been around 10 years but nationally and internationally it’s been used more than it has been here. It’s porous pavement is basically it’s gap graded asphalt or actually we’re going to be using gap graded so basically it uses the larger aggregates with binder around it and it doesn’t have the finer particulates or the sand portions of it so water is easily can flow through it. Councilman Laufenburger: So it’s like a sieve. Paul Oehme: It’s basically a sieve or more or less a sponge. It just soaks up the water and then… Councilman Laufenburger: A sponge would just hold the water. In this case this water goes right through, right? 12 Chanhassen City Council – April 28, 2014 Paul Oehme: Yeah, exactly. Correct. Yep, so it drains through it and then underneath of that there’s another structure, an aggregate structure. More for structural purposes and underneath that you’ve got the finer or the sandy areas and it’s, the type of pavement section is typically about 3 1/2 feet deep so once the water enters the pavement, pervious pavement it drains down to the bottom. The sand section. There’s drain tile that takes the water away into the regular storm sewer so basically it filters out the particulates before it ends up in the storm sewer system. Storm sewer system so it’s a very useful tool for not just improving the water quality but also for rate control as well because that water would typically sit in that sandy area, the bottom layers a little bit longer and the rate dissipate over time. Councilman Laufenburger: So does, do so I’m picturing bigger rocks as opposed to smaller rocks so the bigger rocks create holes for the water to go through. Paul Oehme: Correct. Councilman Laufenburger: Do those holes clog up with sediment? With sand and stuff like that and how do you address that? Paul Oehme: They do. They do over time. We do have a porous pavement parking lot that we constructed with the new public works building and we use our Vactor truck to annually or semi-annually suck out the sand particles from that porous pavement parking lot. It’s been working well for us. We’ve had some good success with it and it’s holding together well so we’d like to try it here as well. Councilman Laufenburger: Have we used, is this the first try outside of the public works lot? Paul Oehme: In the city of Chanhassen. Councilman Laufenburger: In the city of Chanhassen. Paul Oehme: Right, right. Exactly. Other than the watershed districts have used it. Other cities around the metropolitan area have used it successfully as well. Councilman Laufenburger: More expensive or less expensive than traditional pavement? Paul Oehme: It’s more expensive I think because it’s a new product. It’s harder to produce I think and place. There’s not many contractors out there that really are used to using it so we do have in our spec the contractor has to have some sort of proficiency for putting in porous pavement. Councilman Laufenburger: And how big a space is this? Paul Oehme: It’s right in the parking lot so basically this yellow area here. It’s going to be 19 feet deep and then with, I don’t know 6 or 7 stalls wide so it’s a fairly big area. Councilman Laufenburger: So you feel like it’s a pretty good test to see whether or not this is, or not a test. The test was at the public works but a good application to see if this works out. Paul Oehme: Yeah and the watershed district was really encouraging us to look at this idea as well too in this application so. Councilman Laufenburger: Do you see, are you thinking of other areas in the city where this porous pavement, this would be a pervious surface is that correct? 13 Chanhassen City Council – April 28, 2014 Paul Oehme: Correct. Councilman Laufenburger: Do you see other opportunities? Parking lots, things like that. Paul Oehme: Yeah and that’s the main application is parking lots in the metro area that’s where it’s been utilized the most. You know it comes, it’s on a case by case basis I think. The porous doesn’t work in all applications. It’s got to be the right fit I think. The right soil environment. The right situation so you know we’re looking at other opportunities in the future but we’ll see what happens. Councilman Laufenburger: I’ll be curious to see how this develops over the years. Paul Oehme: Sure, absolutely. I should, Shoreview about 5 years ago. Councilman Laufenburger: Shoreview which is up. Paul Oehme: Which is up north. Councilman Laufenburger: North St. Paul. Paul Oehme: North St. Paul, they actually reconstructed about a miles worth of street with pervious pavement too and they’ve been monitoring the success up there of that project so they had some really good data coming back from how that’s been performing too so it’s, you know we’ll probably see it more and more in the future. Councilman Laufenburger: Okay, thank you Paul. That’s all I had. Mayor Furlong: Thank you. Other questions at this point? Okay. Let’s go ahead and we’ll open the public hearing. Oh one question I had. Have you received any objections yet to any of the assessments? Paul Oehme: Thank you for asking that. I didn’t put that in the, I have not received any objections. We did have a neighborhood meeting a week and a half ago and allowed property owners to come in and talk to the city staff about the project. We had several property owners but no one objected to the assessments at that time. Mayor Furlong: Okay, and what I will say is that if any property owner in either of these two project areas would like to object to their assessment they need to do so in writing before we close the public hearing so and if you want to do it give writing to Ms. Hokkanen there or Mr. Oehme or someone will accept that if you have a desire to object but with that now, what I’d like to do is open up the public hearing and invite interested parties to come up and discuss with this. And let’s start with the Minnewashta Shores neighborhood. We’ll start with that neighborhood. Anybody interested in discussing that one and then if there are questions, hopefully we can deal with that project area first and then we’ll move to the Kiowa project area. And I should say too as people have questions or, oh he left. I thought he was going, sorry. I thought oh great, we have somebody. But if people have questions or something we may just try to get those answers right away. Is anybody interested in addressing the council on the Minnewashta Shores neighborhood for this assessment hearing? Let’s move to the Kiowa neighborhood then. Anybody would like to address the council on the Kiowa neighborhood? No one? Okay. Is anybody would like to address the council on any part of this assessment hearing before we close it? Seeing no one, without objection then we’ll close the public hearing. Bring it back to council for comments, discussion and action. Thoughts and comments. I’d like to start by thanking Paul, Mr. Oehme. You and your staff and the engineering group that worked together on this. And especially with the extra effort for storm water management on both of these projects. Both of them are located right next 14 Chanhassen City Council – April 28, 2014 to two lakes in our city and they’re in neighborhoods that were developed before we had the same, you know the practices that we’ve had in recent years that try to improve lake water quality so, sometimes you can’t do as much as you’d like to but here it’s obvious we’re doing as much as we can and I’d just like to thank you for doing that. Paul Oehme: Thank you. Mayor Furlong: So any other thoughts or comments or would somebody like to make a motion? Mr. Laufenburger. Councilman Laufenburger: I just, a brief question Paul. I didn’t ask this before. How many of the folks at Kiowa Trail have mentioned to you that they will likely connect to the water that you’re providing at this time? I know you’re bringing it to their front, to their property line. Paul Oehme: Right. Councilman Laufenburger: How many have said yeah, we want to connect? Paul Oehme: I would say right around half. Councilman Laufenburger: Okay. Paul Oehme: Right in the next probably 2 years I would say about half of them would be connected. Councilman Laufenburger: Okay. And they’re obviously assessed for the water coming to them but then they’re, when they connect there’s a connection charge is there also? Paul Oehme: Correct. There’s a connection charge and also they would have to hire a contractor. Councilman Laufenburger: To get the pipe to the point where you have it stubbed into their land. Paul Oehme: Correct. Councilman Laufenburger: Okay. Okay. Alright, thank you Paul. I’d be happy to make a motion. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Mayor I move that the City Council adopts the attached resolution accepting the bids and awards the contract for the 2014 street reconstruction and utility project #14-01 to GMH Asphalt Corporation in the amount of $2,225,529.91. Also I move that the City Council adopts the assessment roll for City project #14-01, Minnewashta Shores and Kiowa Trail street and utility reconstruction and the attached resolution. Councilwoman Ernst: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution #2014-28: Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council adopts the attached resolution accepting bids and awards the contract for the 2014 15 Chanhassen City Council – April 28, 2014 Street Reconstruction and Utility Project No. 14-01 to GMH Asphalt Corporation in the amount of $2,225,529.91. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2014-29: Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council adopts the assessment roll for City Project 14-01, Minnewashta Shores and Kiowa Trail Street and Utility Reconstruction and the attached resolution. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Great, thank you everybody. Let’s move on now to the next item. PUBLIC HEARING: PROPOSAL FOR THE ISSUANCE OF A HOUSING AND HEALTH CARE REVENUE REFUNDING NOTE, PRESBYTERIAN HOMES AND SERVICES, LAKE MINNETONKA CAMPUS PROJECT. Greg Sticha: Good evening Mayor and council members. Approximately 2 months ago the City was approached by a bond counsel of Presbyterian Homes to allow for the organization to use the City’s bonding authority to issue a housing and health care revenue refunding note. Three jurisdictions were asked to participate in the refunding. Chanhassen, Spring Park and St. Bonifacius. The location of the campus for the project is in Minnetonka and refunding of the facility at the Minnetonka campus. For those of you who are not aware of what a conduit debt issuance is, I’ll just kind of briefly give a background to the City Council and then anybody at home who doesn’t quite understand what a conduit debt issuance is but essentially the asking agency is a non-profit organization that would like to use a local government’s bonding authority to issue debt at essentially a lower interest rate that they could achieve as versus a private financing out in the market. This is a very common practice amongst many local governments and allowance for using the local government’s bonding authority is a common occurrence all across the country. The debt would be the sole responsibility of the obligor, in this case Presbyterian Homes, LLC and the City would be the issuer but would have no legal or other obligation to the debt. Presbyterian Homes also has the responsibility of paying all costs associated with the issuance of the note’s legal and otherwise. In return for allowing the use of the City’s bonding authority Presbyterian Homes in this instance is paying a fee of one-eighth of one percent or approximately just over $11,000. If the City Council would like to proceed first a public hearing would need to be conducted on the sale of the issuance. Taking public comment on the issuance of the note and then the City Council would need to proceed with the vote on the actual resolution to allow for the issuance of the note. That’s all I have. Mayor Furlong: Thank you Mr. Sticha. Thank you. Any thoughts or comments? Questions for Mr. Sticha? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Greg just a couple questions. So essentially the LLC, Presbyterian Homes, they’re taking advantage of three communities bonding authority or financial strength if you will so that they can pay a little bit less. This is obviously legal. It’s done everywhere. Have we done this before in the city of Chanhassen? Greg Sticha: Yes we have. Our most recent conduit debt issuance was with St. Hubert’s. I think that was about 4 years ago and there was a fee in the case of that issuance. We have also issued conduit debt for Ridgeview as well as Chapel Hill and other non-profit organizations in or around the community. The facility does not have to be located in your community to issue a conduit debt in this instance. In this instance the facility is actually not in the city of Chanhassen. Councilman Laufenburger: But Presbyterian Homes, LLC operates a facility in Chanhassen. 16 Chanhassen City Council – April 28, 2014 Greg Sticha: They have a presence in the community, yes. Councilman Laufenburger: Summerwood right? Greg Sticha: Yep. Councilman Laufenburger: My last question is, does Chanhassen in exercising this conduit debt, if we choose to do that, does this in any way restrict our ability to bond other projects that would be valuable for the city of Chanhassen? Greg Sticha: It does not. The City has what, and all cities have what is called a $10 million dollar non- bank qualified limit on an issuance of debt per year. Any time that you issue over $10 million in debt, essentially you’ll pay a higher interest rate so the risk the City would be taking by allowing for this issuance would be, if the City did want to bond for any items in 2014, which we currently are not projecting that we will, we would run the risk of paying a slightly higher interest rate. Within the agreement we have asked Presbyterian Homes to include language that would allow for the recapture of those additional costs if we did decide to issue debt in 2014. Councilman Laufenburger: And the amount that Chanhassen is prepared to conduit is $9.3 million, is that correct? Greg Sticha: Just under our $10 million, yep. Councilman Laufenburger: Just under our $10 million, okay. Alright, thank you Greg. Thank you Mr. Mayor. Mayor Furlong: So then just to follow up, at this time based upon our current bonding obligations and projects within our CIP and other places there’s no anticipated need for the City to issue debt the rest of this year? Greg Sticha: No. We have no projects that we’re planning on issuing debt for this year. We have one refunding of a, it’s an old water, the water treatment facility bond that is up for a possible refunding in August. However there’s only 3 years left on the issuance and it’s callable at that time so it makes more sense to call and pay off the debt then to do a refunding anyway so we probably wouldn’t be refunding that one anyway so there’s really minimal to no likelihood that we’ll be issuing debt this year. Barring some type of event that would require us or where we would need additional capacity to issue some debt. Mayor Furlong: And you said there’s language in the agreement that if something unforeseen does take place, or that need exists, that there is flexibility. Greg Sticha: We would be recouped the difference between the interest rate that we would get if we were to have a non-qualified issuance versus a qualified issuance. Mayor Furlong: Okay. Thank you. Any other questions on this? Okay. Thank you Mr. Sticha. We need to open a public hearing then, is that correct? Let me open up the public hearing and invite any interested party to come forward and address the council on this matter. No one? Last call. Nobody’s interested in commenting then, without objection we’ll close the public hearing and bring it back to council for consideration and action. Thoughts and comments. Would somebody like to make a motion? Councilwoman Ernst: I will Mr. Mayor. 17 Chanhassen City Council – April 28, 2014 Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the issuance and sale of housing and health care revenue refunding notes and authorizing the execution of documents relating thereto and including approval of a joint powers agreement in connection with the PHS/Lake Minnetonka Campus Project. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Seeing none we’ll proceed with the vote. Resolution #2014-30: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the issuance and sale of housing and health care revenue refunding notes and authorizing the execution of documents relating thereto and including approval of a joint powers agreement in connection with the PHS/Lake Minnetonka Campus Project. All voted in favor and the motion carried unanimously with a vote of 5 to 0. DAKOTA RETAIL, 7910 DAKOTA AVENUE AND THE ADJACENT PARCEL TO THE WEST, APPLICANT: MOHAGEN HANSEN ARCHITECTURAL GROUP/OWNER: CENTER COMPANIES, LLC: A. REQUEST FOR PRELIMINARY PLAT REVIEW TO COMBINE TWO PARCELS INTO ONE LOT OF APPROXIMATELY TWO ACRES ZONED HIGHWAY AND BUSINESS SERVICES DISTRICT (BH); AND SITE PLAN REVIEW WITH VARIANCES FOR AN 8,000 SQ. FT. RETAIL BUILDING. B. CONSIDER APPROVAL OF RESOLUTION OF SUPPORT FOR CONTAMINATION CLEAN-UP APPLICATION. C. EXTEND THE PURCHASE AGREEMENT CLOSING DATE WITH CENTER COMPANIES, LLC. Mayor Furlong: So let’s start with the preliminary plat and then we’ll move onto the next items as well. Ms. Aanenson. Kate Aanenson: Yeah, thank you Mayor, members of the City Council. As you stated there are three actions and we’re going to try to roll those in as we get towards the end so you can make one recommendation on all the actions. This item did appear before the Planning Commission on their April th 15 meeting and they did recommend approval 5-0. There was quite a bit of interest during the hearing regarding traffic issues. The subject site is located 7910 Dakota Avenue and adjacent parcel to the west and southwest. So this parcel, this parcel and this parcel in the site. The existing conditions, it contains a 1,460 square foot retail center with 8 gas pumps. You can see right here. Currently there is numerous access to the site. There’s two access via Dakota Avenue and then also there’s access off of Lake Drive. The site is guided for commercial and is currently zoned commercial so there’s no rezoning that is required for this process to go forward. So for the proposal summary the site plan is proposed to be about 8,000 square foot multi-tenant building. The permitted use, it is permitted in the Business Highway District which has a maximum hard surface coverage which this project does meet. There’s sidewalks and trails to allow for connections between this property and the surrounding uses in the area. The architecture is proposed to be constructed of high quality materials which includes stone, stucco, glass, 18 Chanhassen City Council – April 28, 2014 and metal panels, and I’ve got more detail too to show you on this. All four sides of the building are given equal consideration as far as the architecture. If I can back this out. Give you a little bit more detail on the architecture again. Meets the city ordinance. Again giving equal consideration to all sides, including the materials and the like. There is a proposed drive thru that would circulate around the building. The applicant has proposed an outdoor patio. One of the things that we had talked about at the Planning Commission was the location of the trash enclosure. Moving that so you’re not having that close to the patio itself. The site has some challenges regarding some topographies and the grading so we’re working with the staff. This is the preliminary plat. The site plan you are approving tonight but we’ve put in there they give the discretion, some discretion to the city staff to work with that in order to work through the grading to relocation of the parking. Again the staff’s original recommendation was for the parking, the building be pushed closer to Highway 5. This does meet city ordinance and the setbacks but we felt with that you wouldn’t be going around the entire building. You would just had, you wouldn’t have the parking in the back. More parking towards the front of the building but this does meet city ordinance. So this is the proposed relocation of the trash but we haven’t gone through that in the detail yet but we’ll work through those. We’re confident there’s enough area on the site to make all that work and fit. And we talked about the parking. The rear of it. The circulation through the site. It does meet the parking requirements actually and so there will be some berming and additional landscaping on the site. Right now as indicated in the previous drawing there’s 3 openings on there so now all access will be combined at Lake Drive eliminating the wide open, kind of the porous exposure there on Dakota Avenue and the turning movements so anybody coming in here that would make the turning movement at Dakota Avenue. There is sidewalk being proposed. I know one of the concerns from the residents was the crossing of Lake Drive to get over to the sidewalk. This sidewalk is being used to get over to the pedestrian bridge to get to downtown and it’s for people in that neighborhood so that was a concern that was expressed at the Planning Commission but that connection will be maintained again with the controlled access at that site. Again showing the singular location. Improving the sight lines. I’m going to let the City Engineer talk a little bit about some of the trip generation and traffic in the area. Paul Oehme: City Council, Mayor. Staff did look at the trip generations or the traffic potentially that the new development would have. We looked at basically what the current traffic counts are today and estimated what the future traffic counts are based upon the new office and retail, coffee shop type of usage for the new site so based upon that information we used, based upon what the square footage is for each of those units or each of those uses we used the Institute of Engineering Trip Generation Manual which is more or less the national standard model that we use that most people use for estimating trips for this type of usage. Based upon that information we did or are predicting a slight increase for the overall weekday trip generations in and out of the site at this location and about maybe another 125 trips per day for a.m. and then slightly less for the p.m. peaks as well so a little bit more than what we’re seeing today but based upon the collector roadway infrastructure that we have out here with the, with closing of the access points at Dakota, I think the traffic generation and the circulation in this area, especially in the intersection of Dakota and Lake would improve with where the access point is going to be, proposed to be located. So if there are any questions at this time with trips or traffic, I’d be more than happy to try to answer them. Mayor Furlong: Okay. Do you want to take questions now on everything or Kate do you have. Paul Oehme: Or keep going. Kate Aanenson: Sure, I have a few more things if you want, if that’s alright. Mayor Furlong: …why don’t we go and then we can… Kate Aanenson: Circle back to that. 19 Chanhassen City Council – April 28, 2014 Mayor Furlong: Thank you Mr. Oehme. Kate Aanenson: So we talked about the site plan review in the previous so in your staff report there’s a compliance table. It does meet all the city requirements. It exceeds the parking. Again as we know once we put a drive thru in that does, you know right now it’s being proposed as coffee. Doesn’t mean it can’t change. Typically when people to interior remodels then they would come through the building permit then we would verify to make sure that it’s staying within the parking regulations because the tenant mix they have now meets those and we would ensure that as it moves forward that whatever uses would come and go, which may happen over time, that they would still be compliant with that but again they’re over the parking requirements and meet all the requirements of the site plan itself. So that’s the site plan. So then the second part of this would then be the subdivision or the replatting. So it includes the 3 parcels. The existing Sinclair site and then this parcel from the City so those 3 parcels. So we have a Lot 1, Block 1 and then Outlot 1 so that would combine to make the subdivision moving forward. With that subdivision the property that would be combined would be City property so within that, the two of the staff reports are supporting contamination clean-up so in that report it goes through the redevelopment summary that you know the clean-up is for redevelopment of property to enhance that to provide employment that’s going through DEED. Department of Economic Employment so by redeveloping this property, getting the site contamination clean-up here, you’re providing an opportunity for development improving a site and hiring more people. And then the third action item then as a part of this would be the extension of the purchase agreement and in that staff report we talk about, there was a previous purchase agreement and so we wanted to extend that through December to allow for, this coming December of 2014 to allow for the applicant to work through these issues including working through the contamination so with all the findings in your staff report, recommendations of approval, staff is supporting it as did the Planning Commission so those are the three motions are all on one recommendation there but as the City Engineer said we’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Let’s start with some questions for staff. Todd Gerhardt: Mayor, council. Just to add a couple of things. Mayor Furlong: Yep. Todd Gerhardt: The resolution of support for the contamination, this will assist the applicant in receiving a positive view from the local jurisdiction as a part of their application so that’s why he’s requesting that resolution of support. And as to the purchase agreement, we are extending that 6 months. Again because of the deadline for the DEED application, award is expected later in June and also to give the applicant additional time to negotiate and finalize leases so staff is recommending a 6 month extension to the current purchase agreement. Mayor Furlong: Okay, thank you. Questions for staff? I can start with a couple. Mr. Gerhardt just to follow up, the purchase agreement, Ms. Aanenson if you can bring up the combined replat. The purchase agreement, no. Go back to the big yellow boxes. Thank you. The purchase agreement only relates to Lot 1, Block 1 property is that correct? Todd Gerhardt: That’s correct. Mayor Furlong: Or whatever the City’s portion is within the Lot 1, Block 1. Todd Gerhardt: That is correct. 20 Chanhassen City Council – April 28, 2014 Mayor Furlong: The other, the Outlot 1 will remain City owned property. Todd Gerhardt: That is correct. Mayor Furlong: With this action. Thank you. Todd Gerhardt: Planners have indicated that he does have enough green space to accommodate the 8,000 square foot development and you know, so there’s no reason to sell the small outlot that doesn’t benefit the development. Mayor Furlong: Yeah, okay. Alright. I have some more. Does anybody else have questions? Councilman Laufenburger: I do. Mayor Furlong: Mr. Laufenburger, go ahead. Councilman Laufenburger: Thank you. Kate, can you go back to the comments from the public at the Planning Commission. There were some comments regarding just traffic and safety at this intersection right. Can you summarize the public’s comments on that as best you can? Kate Aanenson: Sure. It’s, there’s a stop condition on Lake Drive and not on Dakota so. Councilman Laufenburger: Okay, the stop is. Kate Aanenson: At this location. At this location. So it’s going east to west, not north south. Councilman Laufenburger: Okay. Kate Aanenson: So the concern was people exiting the neighborhood, making sure. Councilman Laufenburger: Going north. Kate Aanenson: Going north, yep. And again their opportunity to go north and to come downtown. Whether it’s biking, walking, and just the safety of that condition. Getting in and out of their neighborhood. Councilman Laufenburger: Alright. How long has McDonald’s been there? Audience: 1985. Councilman Laufenburger: Thank you very much Kate. Mayor Furlong: So I’m told. Councilman Laufenburger: Rumor has it. Mayor Furlong: Rumor has it. Councilman Laufenburger: Have, what kind of incidents have we had over the last 10 years of any kind of problems either pedestrians, cars, things like that? Mr. Oehme. 21 Chanhassen City Council – April 28, 2014 Paul Oehme: Yeah so staff did look at accident history of this intersection and from 2007 to 2012, the last data that we have, there’s been 5 crashes. No major. Councilman Laufenburger: Fatalities. Paul Oehme: Fatalities or major injuries. Just mainly fender benders so basically averaging one accident per year. Mayor Furlong: If I could interrupt Mr. Laufenburger because it was obvious reading the Minutes of the Planning Commission that this was a major concern. Councilman Laufenburger: Right. Mayor Furlong: And I know Mr. Oehme, your department is gathering some traffic counts in that area and you’re analyzing that. Paul Oehme: Right. Mayor Furlong: What, based on the comments made at the Planning Commission by the residents it was my thought that once that information comes back, we will add that to a future council agenda to look at safety. If there’s any changes needed for safety, for traffic control at this intersection. I think tonight traffic relating to this development and the closing of the entrances along Dakota, channeling all through, those would be appropriate discussions here but the whole intersection itself is a separate item that we will bring up at a future council meeting. Councilman Laufenburger: And we’ve done that in the past. Mayor Furlong: Absolutely. Councilman Laufenburger: Looking at. Mayor Furlong: When these things come up. Councilman Laufenburger: Exactly, when they come up. Mayor Furlong: Yep, and so I think and there are probably some residents here that want to talk about that. We’ll make sure that people know when we’ll be talking about that so that they have the information that we have and, I don’t think it’s going to be too far into the future but I just wanted to let people know that while we may not be talking about that intersection tonight or making any decisions on it, we will in the future. We’ll bring it back to another council meeting and make sure that once that information is in, we can listen to options or recommendations from staff and those of residents as well so that if there are any changes we all know why. So but that was clearly an issue and a concern brought up. Councilman Laufenburger: Absolutely. So let’s move onto the next question I had which was the traffic counts. You had the show of anticipated traffic or anticipated trips. Okay, there we go. You used a, you used a term. A 3 letter acronym for, what was that? Paul Oehme: ITE. The Institute of Transportation Engineering. A manual. Councilman Laufenburger: Okay so this is a calculation that they give. 22 Chanhassen City Council – April 28, 2014 Paul Oehme: Correct. Councilman Laufenburger: To say these are the trips that are likely to be generated when something like this is put in. They don’t give any consideration for competitive, convenience stores or competitive dentists or anything like that. They just say this is what it would be. Paul Oehme: Typically, exactly. It’s typical office, the shops of this size will generate. If you have a drive thru it will generate this much amount of traffic. Councilman Laufenburger: Right. And in your opinion, does this traffic represent a traffic problem for either exiting to Lake Street headed west or headed to Lake Street headed to east to the stop sign? Paul Oehme: I don’t believe it does. Lake Drive is a collector. Councilman Laufenburger: Or Lake Drive, excuse me. Paul Oehme: Lake Drive is a collector roadway. I think there’s about 4,300 trips per day on it which is well in reason for additional trips. It can easily accommodate additional trips. It’s wide enough. It’s designed for these type of these trips. Like we had indicated before, the intersection of Lake Drive and Dakota, that I think is going to help with the configuration that. The trips or the circulation of the intersection is going to help with moving the access onto Lake Drive because it moves. Councilman Laufenburger: It moves Dakota. Paul Oehme: Exactly because it moves a lot of those turning movements off of Dakota and it kind of clears up that intersection a little bit more than it is right now. It puts everybody in a stop condition at Lake Drive and so they can access back onto Dakota, onto 5 or heading westbound or east or wherever they’re going. Councilman Laufenburger: Okay. And that will not be a right-in/right-out. That will be a right or left in, right or left out. Paul Oehme: Yeah, that’s a full access. Councilman Laufenburger: Okay. Alright. Thank you Mr. Oehme. Mayor Furlong: Mr. Oehme how, what’s the distance for that access to the property west of Dakota? And you can give me feet or you can tell me about how many cars can stack up at the stop sign between, from Dakota back to the entrance. Paul Oehme: Yeah I believe it’s, maybe 250 feet. I don’t have that number in front of me right now but. Mayor Furlong: But that’s quite a few vehicles. Paul Oehme: It’s quite a few vehicles and if you look at the a.m. or p.m. peak trips, we’re not anticipating very queuing’s onto Lake Drive. Mayor Furlong: Okay, or back into the development. Paul Oehme: Or backing up into the development, right. 23 Chanhassen City Council – April 28, 2014 Mayor Furlong: Okay. Paul Oehme: So the drive thru lane, we think it’s long enough to accommodate you know more the, a lot of those trips and the circulation of the parking lot is such that I think it’s going to flow pretty well. Mayor Furlong: Okay. Thank you. Can we talk about the drive thru lane real quick Ms. Aanenson? If you could bring up that, maybe the. Kate Aanenson: The which, I’m sorry. Mayor Furlong: Just the drive thru. In one of the pictures it shows the drive thru. It looked to me like, that would be fine. It looks to me, you’ve got some arrows there so it runs along the south and east sides of the building. Is that correct? Kate Aanenson: Yes, you’re going to come this way. Mayor Furlong: Is the window for the drive thru on the east side there? There’s another picture I thought that showed. Kate Aanenson: Am I going wrong? Mayor Furlong: There, that one. Kate Aanenson: Correct. So here’s your window here. Mayor Furlong: So that’s the window there? Kate Aanenson: Correct, yes. Mayor Furlong: So the one thing that always concerns me is that the drive thru is not going to, the cars queuing up in the drive thru lane are not going to be blocking in any parked vehicles? Drive thru lane runs along the building itself. Kate Aanenson: That’s correct. So you have a free lane that would be on the outside to come through. Mayor Furlong: So that’s, okay. Okay. Kate Aanenson: Yep. Mayor Furlong: So there’s going to be no queuing of cars in the drive thru lane blocking in anybody that might? Kate Aanenson: No. Engineering doubled, you know we had a concern regarding this turn and the radius on this so you can see that’s where the template is on this for the larger vehicle. A van or something like that, larger van to be able to make that turn movement coming in so that does meet the requirements for that turn movement. Mayor Furlong: And then I think currently the business mix is modeled with a coffee shop. Kate Aanenson: Restaurant. 24 Chanhassen City Council – April 28, 2014 Mayor Furlong: Restaurant and then. Kate Aanenson: And an office. Dental office. Mayor Furlong: A dental office. And we’ve modeled it, or the traffic was modeled with a coffee shop as the drive thru, is that correct? Kate Aanenson: Yes. Paul Oehme: Right. Kate Aanenson: That’s correct. Mayor Furlong: Now all three of those uses are valid uses within the current zoning? Kate Aanenson: That’s correct. Mayor Furlong: So that would also tell me that a current use within the zoning would be a restaurant with a drive thru window as opposed to a coffee shop, is that correct? Kate Aanenson: Could one go in there? Mayor Furlong: Yes. Kate Aanenson: Yes. Mayor Furlong: Okay. So that’s, even though we’re looking at it with a coffee shop, somewhere down the road or sooner or later that could be a restaurant as well? Kate Aanenson: Yes. Mayor Furlong: But, and I think you mentioned this in your report. Based upon the build-out’s, the tenants typically have to come in for building permits and at that point we would verify with the property owner that the current mix, or the proposed mix, if it’s a new tenant, that there’s enough parking to support those, that mix of businesses. Kate Aanenson: That’s. Mayor Furlong: Assuming that all the businesses are allowed in the zoning. Kate Aanenson: That’s correct so while the business might be permitted, what’s the driving factor on this is whether or not they can support that much parking because if there’s not enough parking there we wouldn’t sign off on that. We would say it doesn’t meet the zoning requirements. Mayor Furlong: And the key there is we don’t want cars to start parking on Lake Drive or on Dakota back in the neighborhood or something like that. Kate Aanenson: No. Mayor Furlong: Or across the street. 25 Chanhassen City Council – April 28, 2014 Kate Aanenson: We have had interest in types of fast food ones that we believe would cause that kind of problem and we discouraged them from that location so. Mayor Furlong: Understand. But in terms of this proposal, the mix may not follow the exact model that we’ve looked at for traffic but you’re comfortable that there’s plenty of parking for some flexibility as well going forward? Kate Aanenson: Yes. Mayor Furlong: Okay. Okay, Mr. Gerhardt on the resolution supporting the grant application. Just to clarify, is there any financial obligation on the part of the City that’s associated with that? This is a resolution of support and encouragement for the grant to be. Todd Gerhardt: Yeah, there’s a private equity contribution to match the 25% and the developer’s making that. Mayor Furlong: Okay. Alright. Thank you. Any other questions anybody has at this point? The developer’s here. Or representative of the applicant. If you’d like to address the council on anything? Good evening. Ben Merriman: Good evening Mr. Mayor, council. My name’s Ben Merriman. I’m the owner of Center Companies and I’m the developer and owner of, future owner of the property. I’d be happy to answer any questions. It’s been a very challenging site. We have pollution. We have horrific soils. The conditions of the soils there are very poor and then we have a very large easement by Xcel that runs around, over the top and that runs right along Highway 5 and that’s the big power lines. So it’s a complicated site. I think we’ve got a design that works very well. I think it’s an attractive building. We’ve put a lot of time and energy into it. I don’t even know how many different renderings and different times we’ve redesigned the building to be quite honest and I think we have a tenant mix that works quite well. And with that I’d be happy to answer any questions. Mayor Furlong: Thank you Mr. Merriman. Any questions? I think it is a good looking design and you probably don’t want to know how many renditions you had of it I guess. Accountant could probably tell you. Kate Aanenson: I will say this isn’t the first iteration. We worked through a lot of different designs. Mayor Furlong: Okay, thank you. There was a public hearing held at the Planning Commission. Some of the residents here might have attended that. We did see the comments. Ms. Aanenson, were there material changes or anything that occurred between the Planning Commission and what they said and what’s before us tonight? Kate Aanenson: No. I don’t think. I think Paul, the City Engineer kind of elaborated a little bit more detail on some of those but I think that’s. Mayor Furlong: Okay. Alright. If there’s desire for public comment, we always will accept public comment but again what I would ask is, is we don’t necessarily repeat what was said at the Planning Commission because we do have the verbatim Minutes that we’ve looked at but if there’s something that has come up since or is a concern that you’d like the council to hear first hand, we’d be happy to listen to comments as well. So at this point I would certainly welcome any public comments. 26 Chanhassen City Council – April 28, 2014 Lynne Pilgrim: Good evening. My name is Lynne Pilgrim. I live at 8026 Dakota Avenue and I’m representing the neighborhood. Yes, we are concerned about the safety but I have one fact that I’d like to make straight from our neighborhood. It’s not the Dakota Avenue exit off Ivan’s that bothers us. It’s Lake Drive. The Dakota Avenue exit off of Ivan’s has never been a problem. It’s Lake Drive and the back part of Ivan’s where Ivan’s has an entrance now off Lake Drive is not a problem. People only use that to go fill their propane tanks. It’s just kind of where you go to take your trash. It’s not an entrance or exit. Our concerns have been Lake Drive. We heard that there were only approximately 1 accident a year on Lake Drive. How many of us have very, very close calls? How many of us have had minor accidents that you don’t report to your insurance company? How many of us have been blown off and things like that? At this time our request is that the developer consider doing something for us in the way of a stop, octagon stop sign with solar lights or something in place of having to do green space like he would have to do for a housing development. This is all we’re asking for. We’re just asking for something that could be, that could help us out. For many, many years we’ve approached this and we’ve gone through all the proper channels. We’ve done this at Nights Out and everything else. This is our final cry and we’re just asking, could you please help us? Could the developer help us? Is there a chance that he could do something on that corner to make it safe? The trees. The shrubbery, everything is blocked. When people come down Lake Drive they’re going rapidly. They want to cut across. They’re missing 3 lights so they can come down, and they cut down Lake Drive every morning and after work too, they cut down to avoid 3 lights on 5 to pick up 212 or to pick up Dell. The other end comes in from McDonalds and they’re coming out of McDonalds with one hand on their coffee cup, one hand on the cell phone, the child in the back seat screaming. We’re done for. You know we can’t leave and in 1985 McDonalds was put in. Our neighborhood in the 19, approximately 1981 helped pay for the semaphore to go on Highway 5 to make our neighborhood safe so we could get in and out. Then Lake Drive was built. McDonalds went in and we were told there’d be 800 cars a day. There’s a big different between what you’re telling us now and 800 cars a day. Please, do something for us. Mayor Furlong: And, thank you Ms. Pilgrim. Appreciate that comment. What I tried to emphasize a little bit earlier is with the information that the engineering department is gathering, we’re going to take a look at that intersection and evaluate what needs to be done. I think from my standpoint, and I’d certainly listen to the council as well, imposing a cost on the developer here for improvements that need to be made on the public street, public intersection which isn’t necessarily caused by the developer, probably isn’t appropriate or fair. What we’re saying and what I’m saying is, and I’ve asked the City Manager once they get the information back, we’re going to have at a future council meeting an item to discuss the intersection and what improvement changes need to be made based upon the public use of that intersection, not necessarily this development going in, or the redevelopment of Ivan’s. If that makes, does that make sense? Lynne Pilgrim: It makes sense but we’re seeing that another entrance is going to be there off of Lake Drive and that’s going to put traffic going in and out. Mayor Furlong: Absolutely and. Lynne Pilgrim: And we don’t even have a crosswalk for kids that want to go to St. Hubert’s or go to Chapel Hill to walk across Lake Drive. We have nothing. So. Mayor Furlong: And that was brought up at the Planning Commission I saw and that to me is something that we’ll be discussing at the same time. Lynne Pilgrim: You know I. 27 Chanhassen City Council – April 28, 2014 Mayor Furlong: You know pedestrian movements. People were concerned about bikes. Pedestrians and cars obviously using that intersection. Whether they’re coming from the neighborhood, along Lake Drive or coming off 5 along Dakota and there are some things, and Mr. Oehme, I know that there’s some plans to improve acceleration lanes on Highway 5 and Dakota so we can include that in discussions so people know what the plans are there coming up, and that’s a year or two off but we’re working with MnDOT on that. Lynne Pilgrim: But Highway 5 is not the problem. It’s Dakota and Lake Drive. Mayor Furlong: I understand. Lynne Pilgrim: And that’s what we’re talking about. And once that Super Valu building is, gets what do you want to put it? Mayor Furlong: Released. Yep, leased. Lynne Pilgrim: A new lease. Mayor Furlong: Yep, a new tenant. Lynne Pilgrim: And new tenants we’re going to have more. Mayor Furlong: Right, new business. Absolutely. Absolutely. Lynne Pilgrim: And so it’s going to be increased and I just don’t want to see something happen that’s going to make, we’re lucky. We’re very lucky so far we have not had anyone killed. And I have seen some very, very close calls. I’ve been hit. I’ve seen many of my other neighbors hit. People don’t report that when it’s a minor injury. I mean you don’t turn it in because you know we all have these deductibles but think about it. Mayor Furlong: Okay. We will certainly let the neighborhood know. Lynne Pilgrim: Thank you. Mayor Furlong: And I assume Mr. Gerhardt we’ve got contact information with some of the neighbors that organize the National Night Out group. Todd Gerhardt: Yes. Mayor Furlong: So we’ll be able to let people know. Is there anybody else that would like to provide comments with regard to the development? Lois Fiskness: Yes, I’m Lois Fiskness. I’ve lived in the neighborhood for many, many years. I think we were the fourth homeowner in that neighborhood so we have been there a long time. I would like to ask some question about the little triangular outlot piece that’s shown and I’m wondering if some consideration could be given to that too. I don’t mean to make it into a park. I don’t know who owns it. If it’s the City or the developer but at this time of the development if they could come in and cut out some of the dead trees and do some trimming. Mayor Furlong: Are you talking about the. 28 Chanhassen City Council – April 28, 2014 Lois Fiskness: That little triangle. Mayor Furlong: Little triangle south of Lake Drive. Lois Fiskness: Right. Mayor Furlong: Yep, that’s currently, it’s an outlot right now and the City owns that. Lois Fiskness: Because some tree trimming would be very appropriate in there. I see leaf bags show up there in November. Christmas trees in December. Occasionally an upholstered sofa or a chair shows up in it. There’s been a boat parked there from time to time. Perhaps we could plant some native grasses or some variegated dogwood or something of that sort in there and do a little tree trimming and it would make it less desirable to be just kind of a drop off site. And it’s part of the development. If the new entrance in and out of the development moves a little farther up the street it’s going to be more visible for everybody coming in and out of there so please give some consideration to the outlot too. Mayor Furlong: Okay. Lois Fiskness: Thank you. Mayor Furlong: Thank you. Todd Gerhardt: Mayor and council, staff did have some discussions on the outlot and it’s excess right-of- way and typically when you have that excess right-of-way you look at you know going back and vacating it to the benefitting properties so one of the alternatives would be to come in and vacate it to the adjacent property owners who are going to have probably the most interest in making sure that it’s kept up. Mayor Furlong: Okay, thank you. Good evening. Theresa Thomas: Good evening. I have two general questions. Mayor Furlong: If you could. Theresa Thomas: My name is Theresa Thomas. Mayor Furlong: Thank you Mrs. Thomas. Theresa Thomas: And I live, I live back there almost 40 years. My question is when you decontaminate. Mayor Furlong: I’m sorry Ms. Thomas, if you could state your address please for the record. Theresa Thomas: 8029 Cheyenne Avenue. Mayor Furlong: Thank you very much. Go ahead. Theresa Thomas: If you, when they talk about decontamination, does that mean excavating all of those tanks that are underneath those pumps? Mayor Furlong: Yep, Mr. Oehme. Would you like to refer to that? 29 Chanhassen City Council – April 28, 2014 Paul Oehme: Yep, so it includes removal of the tanks and then any contaminated fluids that are in the soils, it includes removal of those soils as well. Or treatment of the soils. Theresa Thomas: And then, so then the developer pays for that? Paul Oehme: Correct. Theresa Thomas: That’s how that’s taken care of. Paul Oehme: Or through a grant or some other funding mechanism. Not through the City though. Theresa Thomas: Okay. The other question I have is, there is only going to be one establishment that is going to be allowed to have a drive thru, is that correct? Mayor Furlong: Ms. Aanenson. Kate Aanenson: That’s how it’s shown on the site plan right now so if there’s some modification of that because of the circulation, more than likely it would have to come back. I’m not sure how you could do two driveways. I just don’t know how that would work. Mayor Furlong: Yeah the plans before us tonight have only one drive thru window. Or one drive thru so one business of the three, or of the building, one business could have a drive thru. Theresa Thomas: Okay so, if the coffee shop has it, the restaurant doesn’t? Mayor Furlong: That would be. Kate Aanenson: That’s how it’s set up today. Mayor Furlong: That’s how it’s set up today but it could be a restaurant having the drive thru instead of. Theresa Thomas: The coffee shop. Mayor Furlong: A coffee shop, right. Theresa Thomas: Alright, thank you. Mayor Furlong: You’re welcome. Anyone else? Comments about the development. Okay, thank you very much. Appreciate your participation, not only this evening but at the Planning Commission as well and we will see each other again when we get more information about current and projected traffic and other safety improvements at the Dakota/Lake Drive intersection. City Council members why don’t we, I’d be interested in thoughts and comments regarding the proposal before us. Councilman McDonald. Councilman McDonald: If I could. Mayor Furlong: Oh I’m sorry, ma’am. What’s this regarding? Mary Stumpfl: My name is Mary Stumpfl. I live at 8027 Cheyenne Avenue. The one thing that you need to know about our neighborhood is that is the only entrance and exit we have. Mayor Furlong: I understand. 30 Chanhassen City Council – April 28, 2014 Mary Stumpfl: Out to Highway 5. We have to go through, across Lake Drive and out to 5. We don’t have another way to go. Mayor Furlong: Okay. Mary Stumpfl: So I think you need to keep that into consideration. I am one of the people who got hit. Mayor Furlong: Okay. One of the 5. I’m glad you’re here to be able to tell us about it. Mary Stumpfl: Yes I am. I was very lucky. Mayor Furlong: I’m sure you’re glad you’re here too. Mary Stumpfl: It was somebody coming on Lake Drive and didn’t stop and that’s the biggest problem we have. Mayor Furlong: Understand. And we will, we will make sure that we have plenty of time to talk about this when we bring it back. Mary Stumpfl: Thank you. Mayor Furlong: Thank you. Councilman McDonald. Councilman McDonald: Well what I was going to say was, in listening to this and also having been over there many times and I’ve seen what the traffic is like at that particular corner I guess one of the things, you know I realize that maybe I should have asked this sooner but it was just listening to all of this. I’d like to know what the effect would be of moving the entrance further to the west to again do some things about calming traffic, especially on Lake Drive East. I’d like to know if that’s been looked at and if that would have any effect. I realize that that may necessitate a re-drawing but if that improves safety I’d like to have it considered. The other thing, and I know Mr. Mayor you talked about the intersection. We’ll talk about it later and that’s fine but I think one of the things right now in preparation for that, I would like city staff to look at the possibility of a warrant for a light at that particular intersection and then when we have that discussion I’d like for that to be known so that we can evaluate what would be the safest thing for that intersection. Mayor Furlong: Yeah, if I could respond to that. Mr. Oehme, I think Mr. Oehme, the data you’re collecting, the analysis of the uses and including properties along Lake Drive. Whether they’re currently fully rented or not, such as the former Super Valu, that’s all going to be considered and then we’re going to look at the warrants from a traffic standpoint and safety standpoint, correct? Paul Oehme: Correct, yep. So we’ll look back you know in history. We had traffic data 10 years ago so we’re going to look back at what it was as far back as we can and look at what it is today and then project forward again so, and look at what’s vacant and what’s not out there. Councilman McDonald: Right, I’d like you to be able to include Super Valu which at one point what was a big contributor. Paul Oehme: Yep. 31 Chanhassen City Council – April 28, 2014 Mayor Furlong: And that traffic obviously went out to Dell Road and came this way too so you know, but that will all be considered. Paul Oehme: Right, that’s all. We’ll look at signals. We’ll look at a 4 way stop conditions. We’ll look at roundabouts. We’ll look at other signage as well. Councilman McDonald: Okay. That’s all I have. Mayor Furlong: Okay, any comments or thoughts on the development? With regard to the location of that, the entrance into the development. I mean just looking at this, you’re going to get squeezed just by the angle of the property pretty quickly. Kate Aanenson: Plus you’re fighting grade. This is going up. Mayor Furlong: I’m sorry? Kate Aanenson: You’re fighting grade. So you’re going to have a retaining wall which reduces your sight lines coming into the property too because you’re going to have to. Councilman McDonald: So it’s probably the furthest west it can really go based upon the grade there. Kate Aanenson: Maybe a little. Paul Oehme: We’ve looked at access points and how to configure that building on site to give us the best traffic mobility around the site as well and how to get it as far away from the intersection as we can so we’ve looked at it. We’ll look at it again though with the developer and see if we can come up with anything else. Councilman McDonald: Okay. Well commenting on just the development and everything, I mean I’m all in favor of the project. I think that it’s an improvement to the corner. I think the issues of safety and those things need to be taken into consideration and at this point I want to thank staff and the developer. I mean I think you’ve done that. It’s just I think there’s a few other things that maybe we could look at but other than that, no. I think it would be a good development for that corner. It’s a good use of the property and it will probably benefit the city to have a development there, especially another restaurant. Well there aren’t that many in downtown Chanhassen. Your choices are limited if you don’t like fast food. Mayor Furlong: But they’re all good. Councilman McDonald: No, there’s no doubt about that they’re all good. It’s just looking for a little variety. So I think overall it’s a well thought out plan and again it’s a good use and I support it. Mayor Furlong: Thank you Mr. McDonald. Other thoughts of the council? Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah, I think I just would echo what Jerry said. Or Councilman McDonald said. It was always, this intersection has always, I think it’s always been kind of a puzzle. A tough piece to fit into the puzzle of planning downtown because of it’s location and just the lot size in itself and what can really go in there and so I was always kind of concerned about what would eventually happen to this parcel because this really is, as people are coming into Chanhassen, you know something that they will definitely see as they’re first driving into town and so I think the building looks nice and so I think the developer did a good job of putting, putting a good business in a tough spot and still making it look like something that we would all be proud of so thank you for doing that and yeah, I have no problems with it. 32 Chanhassen City Council – April 28, 2014 Mayor Furlong: Thank you. Councilwoman Ernst. Councilwoman Ernst: Sure. Yeah I think it will be a great addition to the city. I do have some concerns with the safety issues that were mentioned and I like the idea that, it sounds like Paul you’re already working on some of those ideas and I’ll be interested in hearing what some of those ideas are for solutions so I support the project. Mayor Furlong: Thank you. Mr. Laufenburger. Councilman Laufenburger: I would echo what’s been said already plus what Mr. Merriman said about we don’t think about it very much but that easement that Xcel Energy has on the north end of his property, that really puts a big restriction on what he can do so I think he’s been very creative so congratulations Mr. Merriman. Nice job. Mayor Furlong: Thank you and I would echo that. Thank you for your efforts. This is a challenge. Any time you’re redeveloping, especially a gas station there are issues and here we had topography. We’ve got traffic obviously. We’ll be working with that and addressing that because when we look at the traffic being generated by this development, it is a little bit more but it’s not substantially more than what’s already being generated according to the information but again I think I’m very comfortable going forward with this tonight knowing that we’re going to take a look at some of the safety concerns and some options with regard to the intersection there. But again Mr. Merriman and everyone on your team, thank you for your work. To city staff, Mr. Gerhardt, Ms. Aanenson, Mr. Oehme, thank you for your hard work and everyone that’s been involved in the city staff too. This has been a long time coming. I’m glad we’re here and hopefully the resolution of support will help and we’ll get some grant money to help you with the clean-up and we can see this moving forward quickly so we’re happy to move forward. And as far as taking a little more time to get this done, we’re happy to do that because I think it’s a worthwhile project to support. So with that we have 3 actions associated with this proposal and they’re up on the screen and I would certainly welcome a motion. Mr. McDonald. Councilman McDonald: I’ll make the motion. I make a motion that the preliminary plat to replat 1.7 acres into one lot and one outlot, site plan for the construction of an 8,000 square foot single level retail center, and adoption of the attached Findings of Fact and Recommendation. Also a resolution of support for a contamination clean-up grant application that the City will create and put forward. Also an extension of the purchase agreement, changing the closing date with Center Companies, LLC out 6 months. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none let’s proceed with the vote. City Council Councilman McDonald moved, Councilwoman Tjornhom seconded that the approve the preliminary plat to replat 1.7 acres into one lot and one outlot, Planning Case 2014-11 as shown in plans dated received March 14, 2014, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Engineering Conditions 33 Chanhassen City Council – April 28, 2014 1.Before the final plat is recorded the Surface Water Management fees, Park Dedication fees, and GIS fees must be paid as well as any recording fees not collected with the final plat application. Park And Trail Conditions 1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Dakota Retail. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based on the current proposed lot size of 1.51 acres and the city’s 2014 commercial/industrial park fee of $12,500 per unit, the total park fees for Dakota Retail would be $18,875. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Councilman McDonald moved, Councilwoman Tjornhom seconded that the approvethe site plan consisting of a 8,000 square-foot multi-tenant building, Planning Case 2014-11 as shown in plans dated received March 14, 2014, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Environmental Resource Conditions 1.The applicant shall provide a total of 25 understory trees along the north property line. 2.All trees that fall within the utility easement along the north property line shall be ornamental trees. 3.The final landscape shall be submitted to the city and include a plant schedule with listed quantities. Building Official Conditions 1.The proposed structure is required to have an automatic fire extinguishing system (MN Rule 1306). 2.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report required. 3.Detailed building code-related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. 4.Demolition permit required (contact MPCA regarding underground, fuel storage tanks removal requirements). 5.Retaining walls exceeding four feet in height require professional design, permits and approvals. 34 Chanhassen City Council – April 28, 2014 6.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal Conditions 1.An additional fire hydrant will be required on the south side of the property. This location has been discussed with the Engineering Department. 2.“ No Parking Fire Lane” signs may be required. The developer must contact the Fire Marshal for exact locations. Engineering Conditions 1.The final plan must include proposed signage and/or pavement markings on the north side of the building that will alert drivers to and prohibit drivers from entering the one-way traffic associated with the drive-thru. 2.The parking stalls on the east side of the site, adjacent to the drive-thru must meet the city’s minimum stall width, or marked as compact parking if proposed as such. 3.The “bump out” on the west side of the site must be minimum 26 feet face-of-curb to face- of-curb. 4.Installation of the new water and sewer services must be coordinated with city staff, including advanced notification of the partial street closure, the timing of the work to minimize traffic disruption, and on-site inspection of the utility connection. 5.A cash escrow for the street restoration must be submitted prior to recording the final plat. The escrow can be released after a minimum of one freeze-thaw cycle and once staff inspects the street restoration and deems the work is satisfactory. 6.A private hydrant must be installed on the south side of the site at a location approved by the Fire Marshal. 7.Indicate if existing private lights along the perimeter of the site are to remain or be removed. 8.The developer must provide staff with the proposed haul route for removal of the excess material from the site before grading operations begin. The haul route is subject to staff review and approval. 9.All improvements in the Xcel easement, including but not limited to grading, site utility installation and landscaping must be approved by Xcel. 10.The final plans must include a note stating that the auxiliary utility pole south of the transmission tower on the north side of the site will be relocated, or else it must be incorporated into the plan. Any cost associated with relocating this pole shall be the developer’s responsibility. 35 Chanhassen City Council – April 28, 2014 11.The developer must coordinate the proposed grading in the northeast corner of the site with the affected small utilities, as the plans show altering the grade in the vicinity of two small utility pads. 12.The grading plan must be revised so that the proposed contours tie into the existing contours. 13.The storm pond must be lined to prevent potential in-situ soil contamination. 14.The developer must submit calculations verifying that the proposed storm pond meets the city’s minimum requirements. 15.Drain tile must be installed on the south side of the site. Planning Conditions 1.All rooftop and ground equipment must be screened from views. 2.Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the north, east and south elevations. Wall and monument signage shall comply with the sign ordinance. All signs require a sign permit. 3.The exterior material for the trash enclosure must be of the same exterior material as the building. Recycling space and other solid waste collection space should be contained within the same enclosure. 4.Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. All fixtures must be shielded. 5.Approval of the site plan is contingent upon approval of the subdivision. 6.The applicant shall work with staff on minor plan modifications. 7. Additional architectural detailing will be required along the westerly elevation.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2014-31: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approves the Resolution of Support for the Contamination Cleanup Grant Application to DEED for the redevelopment of the Sinclair gas station site, 7910 Dakota Avenue. All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Councilman McDonald moved, Councilwoman Tjornhom seconded that the approves extending the closing date on the purchase agreement with Center Companies, LLC to December 31, 2014 and agrees to sell all of the excess right-of-way north of Lake Drive for $85,000. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 36 Chanhassen City Council – April 28, 2014 Mayor Furlong: Thank you everybody. Appreciate all your efforts and participation. ARBOR COVE, 3121 WESTWOOD DRIVE, APPLICANT: DOGWOOD ROAD, LLC/OWNER: WESTWOOD CHURCH: REQUEST FOR A COMPREHENSIVE PLAN LAND USE AMENDMENT OF 3.26 ACRES FROM PUBLIC/SEMI-PUBLIC TO RESIDENTIAL LOW DENSITY; REZONING OF 3.26 ACRES FROM OFFICE INSTITUTIONAL DISTRICT (OI) TO SINGLE FAMILY RESIDENTIAL (RSF); AND PRELIMINARY PLAT REVIEW OF 54.67 ACRES INTO 5 LOTS. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Mr. Mayor, I was personally involved in the action on the part of Westwood Church to move towards this subdivision so as to not provide any opportunity for a potential conflict of interest, I’d like to be recused from this item on the agenda. Mayor Furlong: Very good, thank you. Councilman Laufenburger: Okay. Mayor Furlong: With that the remaining council will move forward in consideration of the items before us on this item so let’s start with a staff report please. Ms. Aanenson. Kate Aanenson: Thank you Mayor, members of the City Council. There’s 3 actions for this item tonight. One is a comp plan amendment. The second is a rezoning and third is approval of the preliminary plat. th This item did appear before the Planning Commission on April 15 and they did recommend 5-0 to support this proposal. The subject property is on the back portion of Westwood Church which is located off of Highway 41, just north of Highway 5 so this is the Westwood Church property and the subject property then is in the back portion of the site. The Comprehensive Plan amendment is for the back 3.26 acres which is being sold. The property is currently public/semi-public and it is being guided to residential low density. That’s how the church is using it right now is an institutional type use. So the rezoning again would be from the office institutional to the single family residential, RSF District. And then again the final would be the review so we’re actually creating 5 lots. One lot would be the existing church property and then the 4 new subdivision lots. So again kind of illustratively, oh we’re missing a g’s kind of hanging down there. Existin, so the back portion of the lot here, this is the 3. Almost 3 1/2 acres right here that would go to low density. Mayor Furlong: Ms. Aanenson, we’re seeing the. Kate Aanenson: Yes I’m on, oh. Oh my goodness. Mayor Furlong: I’m sure what you’re looking at is nice. Kate Aanenson: Yeah, I’ll go back and do my. Mayor Furlong: What we’re looking at is too but. There we go. Oh there’s the existin. Kate Aanenson: I’ll go back to this. Mayor Furlong: Alright, there we go. Thank you. 37 Chanhassen City Council – April 28, 2014 Kate Aanenson: I know, I had to switch back. Let’s go back to this one. Thanks for telling me everybody. So this is the back part of the Westwood Church. All this Westwood Church property right here. So this is what we have to re-guide because this is all zoned, or guided institutional or office so we’re changing that for the comp plan amendment. I’ve got too many buttons here so, here we are with the three different actions and then here we are with the back of the, here’s the existin. So here’s the subject property so the majority of the church, that’s the 5 lots and then the church property itself will be still remain under that zoning. Incidentally we were going to rezone this with that. Somehow they missed being bundled together but you’ll be seeing this piece come forward at a future date. It’s a piece that’s owned by the church. It’s also in the same PID that’s coming before the Planning Commission next week. So the rezoning is for 4 single family lots from office institutional to single family residential. These are the 4 lots right here. At the Planning Commission meeting there was some concern regarding sight lines. These are going to be custom lots. They’re actually going to be graded all at the same time. There’s utility work in the, utility in the fronts of these lots including cable and gas lines and the like so the site will be graded in the front portion all at once but the, otherwise they will be custom graded lots. So here’s the grading plan right here for those lots. There is a preservation easement to the back. I would recommend that you, that we change the word where it’s stated in the staff report, it’s listed a couple of times from conservation to preservation. When we do the preservation easement the staff will bring that back at final plan defining the limitations of that. How it can be used. You know swing sets, those sort of things that can go in the preservation easement so when that comes back for final plat we’ll have the terminology for that put in place but again we want to take the word conservation out and put it to preservation. We also adjusted that line on the preservation which I’ll go to in a minute but one of the issues that we had with this project is there is a drainage area going right through this property right now. The developer would have liked to see an additional, maybe one additional lot but there’s wetland here. Wetland behind the Arbors and so it’s that drainage flow that we’re trying to maintain that doesn’t end up in somebody’s rear yard or basement and so there’s a pond here that’s accommodating storm water runoff. So again this is a little bit more detail on that drawing in and of itself showing the filtration basin and how that’s being managed. So the preservation. Mayor Furlong: I’m sorry Ms. Aanenson. Kate Aanenson: Yep. Mayor Furlong: Just for clarification then on Lot 1, that’s where most of the drainage is coming through there. Kate Aanenson: Yeah there’s a. Mayor Furlong: And that triangle piece in the upper part, that is a stormwater pond? That’s being added? Kate Aanenson: Yes. A filtration pond, correct. Mayor Furlong: A filtration pond. Kate Aanenson: Yep. Mayor Furlong: So filtration pond. It’s not going to be standing water but, or what is a filtration pond? 38 Chanhassen City Council – April 28, 2014 Paul Oehme: So the pond would be designed Mayor so that after 24 hours there wouldn’t be any water there anymore. So it will filtrate into the soil. There’s going to be sandy, loamy material there. Maybe some wood chips and then the area would be planted with vegetation. Trees or smaller shrubs as well. Mayor Furlong: Is that a rain garden? Is it the same thing? Rain garden or is it something different? Paul Oehme: Basically, it’s a, yep. Yep. It’s a little bigger units like this it’s more of a, they call them filtration basins. It’s a glorified rain garden, correct. Mayor Furlong: Glorified. Write that down now. Mr. Oehme used glorified on this date. Todd Gerhardt: It’s an engineering term. Mayor Furlong: Glorified is? Okay. So the purpose there is to, when it rains. Paul Oehme: Right. Mayor Furlong: To retain the water on site. Paul Oehme: Right. Trying to capture that one inch rain event. Mayor Furlong: Okay. Paul Oehme: And infiltrate as much as we can here. Meeting our. Mayor Furlong: So how much is it capturing? Is that designed to capture the? Paul Oehme: That’s good a picture. Kate Aanenson: That’s fine. I’m just going to combine a couple things since we’re tracking here together so. Mayor Furlong: Okay. Kate Aanenson: So in order to, it’s not going to take care of all the water on the property. One of our concerns here is you know we’ve provided this is the silt fence here but part of the other way to accommodate that pond, an area would actually have to be larger to accommodate all that so another way to meet the requirement for stormwater management for SWPPP would also be to provide additional tree preservation for the extraction of the water on that and you’re on a steeper slope. These lots go down. That’s why they’re being custom graded. You’re actually going to have fantastic views but the driveways are going to be fairly steep. Mayor Furlong: Right. Kate Aanenson: So that’s another way to accommodate that is providing some additional preservation in this area. So you can see the erosion control, the concerns here in maintaining, you can see that channel a little bit more detailed right through here so it’s managing some of that but it’s not going to handle you know some of that it will be trying to hold it back up on the top end of the lot. Mayor Furlong: Okay. 39 Chanhassen City Council – April 28, 2014 Kate Aanenson: These lots are much larger than are required in the RSF district so that’s how that would be managed so, I’m sorry I jumped ahead but I was trying to answer your question. Mayor Furlong: No, that’s fine. Thank you. Kate Aanenson: So this was the original proposed preservation area that’s been modified in here. We know if we go back to Lot number 1, and I’m not sure where the house plan shows up on that. Let me back up. That’s trying to preserve this tree if it can be but that one would actually be, you can see the number 4. This house here trying to provide a reasonable back yard so in that you can see we actually, you know kind of looking at trying to push that back a little bit. Again these are custom graded. That footprint is an illustrative area of what the developer could do but depending upon your buyer, what they want to do, how it would be placed on there, so that again was a concern from, you know as the road takes the bend, making sure we look at those driveway locations as the people on the other side of the street so they’ve got good sight lines. Mayor Furlong: How successful have we been when we try to save a single tree in the front of a lot like that? Kate Aanenson: We try. We’ve noted that they’re not going to be penalized. They know they’re going to work to try to save it. It may or may not be saved. Mayor Furlong: Okay. Kate Aanenson: So we haven’t counted it as towards a save but it’s a nice tree. Mayor Furlong: And so I’m sure the future homeowner on that site would like to have that tree there as well. I guess it’s been my experience that sometimes trying to save a single tree in the front yard, it might last through the construction but. Kate Aanenson: Correct. And we’ve, yep. Mayor Furlong: Shortly thereafter you’ve got a retaining wall with nothing to be retained so. Kate Aanenson: And it was so noted on that. Depending on where the driveway goes that they wouldn’t be penalized if they could save it, and again if you look at what the Arbors, the subdivision immediately on this side here that they do have trees along here too and you can see there’s a wetland too so it kind of blends into what they’re doing there. So again modifying that preservation and we use, we’ll come back with the terms what can be put in there because you can put things in a preservation easement so we’ll bring that back with the final plat. Mayor Furlong: Okay. Kate Aanenson: Defining that preservation. I did put on your desk also, I mean at your chair the ordinance. We are recommending the rezoning of this. Again that will, the official comp plan amendment cannot come forward until the Met Council has approved that because it’s less than 10 acres we should be fast track here hopefully here within the next 15 days because we processed this while we were working through some different designs on this so that should be coming forward relatively shortly to get the amendment through. So with that, again we did work through numerous designs on this property. Some of these smaller lots are actually more challenging with the steep grades, trying to make that work and to meet the stormwater requirements but the developer and the staff have worked through those issues. I know they’re ready to come forward with a grading plan but again we’re waiting to get the 40 Chanhassen City Council – April 28, 2014 comp plan amendment but with that we are recommending approval, as did the Planning Commission and be happy to answer any questions that you have. Mayor Furlong: Thank you Ms. Aanenson. Any questions for staff? On this proposal. Councilwoman Tjornhom, did you have a question? Councilwoman Tjornhom: You know what, I don’t know if it’s a question and I probably know the answer already. I’m sure the answer is no but just in case. Because we are changing it from office to residential, we don’t need to make up those office, those office. Mayor Furlong: Acres. Councilwoman Tjornhom: Thank you. Kate Aanenson: No. Councilwoman Tjornhom: For another place. Kate Aanenson: No I would think if you look at our zoning, our land use as a whole. You know we have quite a bit of office institutional. Church uses if you look at the Eckankar campus. This is a larger campus so I think as far as that specific designation. We also have some of our schools in that district. Chanhassen High School, the elementary schools are also in that. In our office institutional so no. We’re fine. Councilwoman Tjornhom: Okay. Mayor Furlong: Any other questions for staff? Okay. So the, anything that was in the previous report that talked about conservation area or easement, excuse me will be replaced with a tree preservation area. Again the purpose for that is related to stormwater management. Kate Aanenson: That’s correct. Mayor Furlong: Correct? Kate Aanenson: It’s for stormwater. Mayor Furlong: And so, and you said there’d be some flexibility on some uses allowed and such like that. Kate Aanenson: Yes. Mayor Furlong: But I think you know what, what’s important I think too is that if you know, once somebody buys these homes and it becomes their home, they may have some uses that they’d like to use in that area and so I think then with the tree preservation agreement, they could come to city staff and say here’s something I want to do and as long as they make some accommodations for the purpose, which is stormwater management, it’s not a complete hands off. It’s managing and controlling, make sure that stormwater management is maintained. Kate Aanenson: Yeah when we looked at, when we first worked with the church and the developer looking at this property, there’s wetland right behind here so they looked at doing deeper lots but that’s the only thing. 41 Chanhassen City Council – April 28, 2014 Mayor Furlong: Okay. Kate Aanenson: And it really didn’t because you’re actually picking up more wetlands and it’s also rising steeper so. Mayor Furlong: Yeah. Kate Aanenson: Because that was always the goal is to try to give a reasonable lot size but it really wasn’t accomplishing what they’re trying to do. Mayor Furlong: Okay. Kate Aanenson: And the challenge of this, the ravine coming down so trying to work all that in so we believe that this meets all that criteria and again trying to hold some of that water back up on top through the tree preservations. Mayor Furlong: Yep. Kate Aanenson: Just so noted, it’s 7 places in there it says the word conservation so. Mayor Furlong: Okay and so that would be. Kate Aanenson: I had to check. Mayor Furlong: As part of that, what’s coming forward tonight would be, those would be changed when we go to final. Kate Aanenson: Correct. Yep. Mayor Furlong: And that would be our action we’re taking this evening would be to change those to preservation. Mr. Gerhardt? Todd Gerhardt: Just in case there’s 8, just say any. Mayor Furlong: In all cases. Todd Gerhardt: Yeah. Mayor Furlong: In all cases. Todd Gerhardt: Thank you Mayor. Mayor Furlong: At least 7. Kate Aanenson: I’ve been known to miss a few things like at the beginning of the slide show. Todd Gerhardt: Oh no. Mayor Furlong: When it comes back it’s final. 42 Chanhassen City Council – April 28, 2014 Kate Aanenson: Okay. Mayor Furlong: Alright, thank you. Any other questions for staff at this point? Is the applicant here that would like to address the council? Good evening. Todd Simning: Good evening. Mr. Mayor, council. We’re pretty excited about bringing these 4 lots on line. Mayor Furlong: I’m sorry, I know you’ve been here before. Todd Simning: Oh Todd, yeah. Todd Simning, Dogwood Development. Mayor Furlong: Thank you Todd. Todd Gerhardt: Another Todd. Todd Simning: Resident of Chanhassen so but we’re pretty excited about bringing these lots on board. They’re really nice again wooded. Doing a similar concept to what Wynsong was off of Galpin Boulevard and we did sell those lots. Obviously built them out. Everything is actually taken really well this year and everything’s established and working well so we look forward to working with staff again on this project and making another really fantastic Chanhassen development so, if you guys have questions I’m open. Otherwise we’re just excited to be here again. Mayor Furlong: Well thank you very much. Any questions for the developer? No. Thank you. Todd Simning: Thank you. Mayor Furlong: Appreciate it. Is there anybody else that’s interested in providing public comment this evening? Thank you. Let’s bring it back to council then for discussion. And just for clarification in the report it talked about a simple majority for a land use amendment. I’m told we do need 4 votes, is that correct? So just so everybody’s clear as to what’s required. And we do have the land use amendment, or the Comprehensive Plan amendment for land use, the rezoning and the preliminary plat so. Yes Mr. Gerhardt, anything you’d like to add? Todd Gerhardt: No, that was it. Councilwoman Tjornhom: He’s still counting Todd’s. Mayor Furlong: He’s counting Todd’s. Thoughts and comments. Looks like a great development and will be some beautiful homes added to our community so any other thoughts on this? Would somebody like to make a motion then? Councilwoman Ernst: I will. Mayor Furlong: Councilwoman Ernst, please. Councilwoman Ernst: I make a motion that City Council approve a Comprehensive Plan Land Use Map Amendment of 3.26 acres from public/semi-public to residential low density. Rezoning of 3.26 acres from office institutional district (OI) to single family residential district (RSF) and preliminary plat review of 56.67 acres into 5 lots subject to the conditions of approval and adopt the Findings of Fact. 43 Chanhassen City Council – April 28, 2014 Mayor Furlong: Thank you. And as far as the conditions that includes the staff’s proposed changes for the corrections. Kate Aanenson: In the ordinance for the rezoning. Mayor Furlong: In the ordinance, correct. Thank you. Councilwoman Ernst: Thank you. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Thank you. Any discussion on the motion? Hearing none, we’ll proceed with the vote. a Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves Comprehensive Plan Land Use Map Amendment of 3.26 acres from Public/Semi-Public to Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 56.67 acres into 5 lots subject to the following conditions of approval, and Adopt the Findings of Fact and Recommendation: Parks & Recreation 1.In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, these fees would total $23,200 (4 lots x $5,800 per lot). Building 1.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2.Engineered design and building permits are required for retaining walls exceeding four feet in height. 3.Each lot must be provided with a separate sewer and water service. 4.Demolition permits must be obtained before demolishing any existing structures. Natural Resources 1.The applicant shall plant a total of 29 trees in the development. A revised landscape plan shall be required prior to final plat approval. 2.The applicant shall remove Amur maple from the plant list and replace it with an alternate ornamental tree. 44 Chanhassen City Council – April 28, 2014 3.Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4-inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. 4.A tree preservationeasement shall be recorded east of the grading limits on Lot 1,over the rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply a legal description for the easement. 5.Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city. Engineering 1.The grading plan shows steep slopes on Lots 2 and 4. Grading must be revised so that no slope is steeper than 3:1. 2.Grading plans must be revised to show existing and proposed elevations at each lot corner and the center of the proposed driveways at the curb line. 3.The developer’s engineer must revise plans to include spot elevations and building corner elevations that direct water flow away from all structures. 4.Grading plan must show spot elevations to illustrate where water will flow at the back of Lot 3. 5.The EOF shall be noted with arrows showing the direction of the overflow. 6.Include a lot benching detail in the plans. 7.Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. 8.Proposed stockpile areas must be indentified in the plans. 9.All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. 10.A preservationeasement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 11.A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. 12.The developer’s engineer must include the elevation of the top and bottom of the retaining walls. 45 Chanhassen City Council – April 28, 2014 13.The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 14.Grading must be revised to include a swale at the top of the retaining walls for drainage. 15.The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. The developer’s engineer must incorporate pressure-reducing valves and a surge protection system into the watermain plans. 16.At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed. 17.Partial water and sewer hookup fees must be paid at the time of final plat. Water Resources 1.A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program must be prepared and submitted to the city for review and approval. 2.No native soils may be used in the filtration soil. Instead Mix B from the MN Stormwater Manual - 70% washed sand and 30% leaf-litter compost mixture shall be used. 3.Pretreatment practices to be employed shall be shown on the plan view and in the detail sheet. This shall be shown at the curb cut. It is highly recommended that something similar to the Rain Guardian developed by Anoka Conservation District be used. The pretreatment device must be approved by the City. 4.It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site. 5.Remove the filter fabric from the detail and use a choker course of rock instead. 6.The underdrain shall be smooth walled and have a tracer wire. 7.A knife gate valve shall be included prior to the underdrain entering the proposed 27-inch manhole. This valve shall be reasonable easy to access. 8.Calculations shall be provided demonstrating that the feature will draw down within 48 hours. 9.Efforts shall be made to decrease the depth as close as possible to the 9.6 inches but no greater than the 14.4 inches recommended for MH HSG B soils. 10.Side slopes shall be no steeper than 5:1 and as close to 10:1 as possible except that the south boundary may be up to 3:1. 46 Chanhassen City Council – April 28, 2014 11.The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. 12.A detailed planting plan and schedule must be developed and included in plan set for approval 13.The in-situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. 14.The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. 15.The applicant shall include tree 119 and 129 into the protection plan. 16.The drainage and utility easement shall extend from top of bank to top of bank for the proposed channel. 17.The 988 and 986 contours shall be broadened to create a more laminar flow before discharging onto city right-of-way. 18.The plan shall maintain a separation of at least two (2) feet between peak flow elevation in the channel during the 100-year storm event and the top of bank for that portion behind the proposed structure on Lot 1. 19.The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. 20.A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. 21.An estimated surface water management connection fee of $14,066.50 will be due with the final plat. 22.The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. Planning 47 Chanhassen City Council – April 28, 2014 1.Lots 1 through 4 are the only lots included in the land use map amendment from Public/Semi-Public to Residential Low Density. 2.Approval of the Land Use Amendment is subject to Metropolitan Council determination of consistency with system plan. 3.Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single-Family Residential. 4.Approval of the Rezoning is contingent upon approval of the final plat and execution of the development contract. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (Councilman Laufenburger rejoined the council for the remainder of the meeting.) COUNCIL PRESENTATIONS. Mayor Furlong: Let’s move to council presentations. Any council presentations? One, for people interested, the Southwest Metro Chamber of Commerce asked that we provide an update for their members in conjunction with the County on some of our projects going on in town. The 101 river th crossing and such and that is on, that’s going to be on the morning of May 6, is that correct? th Todd Gerhardt: Tuesday, May 6. th Mayor Furlong: Tuesday, May 6. Mr. Gerhardt will be there. I think Mr. Oehme. It will be at the American Legion. Todd Gerhardt: Yes. Mayor Furlong: 7:30 registration and will you include representatives from the County? County engineer will be there as well so if anybody’s interested in finding out. You don’t have to be in business a member of the chamber. Anybody is welcome but if you’d like to find out about some of the projects that are going on, many of them in the southern part of our city. The 101 river crossing. The lower Wye. Lyman Boulevard. Some other projects. Paul Oehme: 101. Mayor Furlong: 101. Pioneer. Todd Gerhardt: Highway 5. Mayor Furlong: Highway 5. Lots of things going on so if people are interested in learning about that th and enjoying a breakfast at the Legion May 6, you can register with the Southwest Metro Chamber website. Let me see, any other comments? Presentations. Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: You took my item Mayor. 48 Chanhassen City Council – April 28, 2014 Mayor Furlong: Oh I’m sorry. Todd Gerhardt: I have nothing to add tonight. Mayor Furlong: Nothing to add? Todd Gerhardt: No. Mayor Furlong: Okay. We never talk. Todd Gerhardt: I know. Mayor Furlong: Any questions for Mr. Gerhardt or his staff? CORRESPONDENCE DISCUSSION. Mayor Furlong: I’d like to thank, there was a letter in there from Laurie Susla, a resident and a member of the Lotus Lake Water Conservation that sent a letter and are again that association is funding a significant portion of the watercraft inspection program over at Lotus Lake and we really appreciate their efforts there. I know they’re, I think she said in her letter they’re looking for some people that might be interested in working for part of that so if anybody’s interested in possibly doing that, inspecting watercraft, Mr. Gerhardt who should they contact? Mr. Hoffman perhaps? Todd Gerhardt: Yes. Mayor Furlong: Todd Hoffman at City Hall. Todd Gerhardt: Yes. Mayor Furlong: So just wanted to make sure it was on the record that we appreciate their continuing support and contributions towards that program. Any other comments on the correspondence packet? If not, if there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:15 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 49