CC 2005 05 23
CHANHASSEN CITY COUNCIL
REGULAR MEETING
MAY 23, 2005
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 Lundquist, Councilman
Peterson, and Councilwoman Tjornhom
COUNCIL MEMBERS ABSENT:
Councilman Labatt
STAFF PRESENT:
Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Kelley Janes
and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Dan Keefe Planning Commission
Angela Larson 931 Penamint Court
Terre & Brian Kemble 1792 Valley Ridge Trail North
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Good evening and thank you for everybody here this evening and those
watching at home tonight. We’re glad you joined us. I’d like to start out and ask if there are any
additions or modifications to the agenda that was distributed with the packet this week. I should
make a note too, the city web site, the agenda that pulled up when you tried to pull up tonight’s
agenda was actually from a year ago. There was a technical error, so we apologize for any
confusion that that caused anybody. Any changes or modifications to the agenda? Hearing none
we’ll proceed with the agenda as published with the packet without objection.
CONSENT AGENDA: Councilman Lundquist moved, Councilman Peterson seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated May 9, 2005
-City Council Verbatim & Summary Minutes dated May 9, 2005
Receive Commission Minutes:
-Park and Recreation Commission Verbatim & Summary Minutes dated April 26, 2005
b. Approval of License Agreement for the Minnehaha Creek Watershed Management
Model for SWMP Update.
City Council Meeting – May 23, 2005
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c. Approval of Temporary On-Sale Liquor License, 4 of July Celebration, Chanhassen
Rotary Club.
d. Approve Recommendation to Remove and Dispose of Wooden Playground Structure,
Bandimere Heights Park.
Resolution#2005-48:
f. Approve Resolution for Moon Valley Contamination Clean-Up
Grant.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
E. APPROVAL OF MODIFICATION TO THE CURRY FARMS PARK MASTER
PLAN.
Councilman Lundquist: Thank you Mr. Mayor. I had a brief discussion with Mr. Gerhardt this
afternoon and just wanted to put that out on the public record as we have over the past year or so
talked about ballfields in the city. This is one where it may appear on the surface that we’re
taking a playground structure and putting it over the top of a ballfield and just wanted to have
Mr. Gerhardt go through his explanation that he walked me through today to talk about the
practicality that this ballfield is actually, can be used widely and that this actually would be a
better use for it at this park overall than the way it’s slated right now.
Todd Gerhardt: We also have our Park and Rec Director, Todd Hoffman here. He might be a
little better served in explaining his report. Todd, what I talked about this afternoon was the
elimination of that park and how we have not scheduled practices in that area. You want to go
about your policy and field usage.
Todd Hoffman: Sure, thank you. Mayor, members of the council. Curry Farms Park is a
neighborhood park and we do not schedule practices in this location. The ballfield, you’re
actually correct. We don’t want to go backwards in ballfield construction or maintenance in our
city, but in this particular case we have an opportunity to really improve the overall master plan
for Curry Farms Park. The ballfield is in a remote location. Somewhat wet and the playground
that’s currently situated on your plan. Right now in it’s current location is at the bottom of a
sliding hill used by the neighborhood and does not allow for a run out at the bottom of the sliding
hill. These other things that you’re seeing changed on the plan, we eliminated a trail section
because of the wet terrain. This basketball court actually is over here. This playground, we want
to move it on top of the ballfield. Eliminate the ballfield and then just leave it green space.
Currently in all of our neighborhoods, new neighborhood park plans we do not include ballfields.
The maintenance is just too excessive. We just plan for a green field. Open green field for the
kids to play on. Softball, soccer or other play field activities, so in this case we’re taking away
the baseball but it’s not heavily used at the current time.
Councilman Lundquist: Todd, can you talk about the other structures that are nearby, the ponds
and other things, the short fence and all those things that collect foul balls in the pond instead of
staying in the field of play so to speak.
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City Council Meeting – May 23, 2005
Todd Hoffman: Absolutely. Curry Farms Park is, it’s nickname is Sinking Park. We have a
sink hole currently in this location. Thank you. This area of the park is sinking and so if you hit
into the right foul line of the ballfield you’re going to be in a swamp currently.
Councilman Lundquist: And then there is that wetlands on the outer edge there too, right?
Todd Hoffman: Right here.
Todd Gerhardt: Those are storm water ponds and if you hit a foul ball, it goes over the backstop
which is only probably 10 to 12 feet high. So the larger kids in that area have outgrown the park
and they’ll hit a foul ball into the pond. You’ll see 3 or 4 floating in there right now. Also as
they hit to the outfield, there’s another wet area to the outfield side of the baseball field, and the
kids will hit into the trees and the wetland there also. So it’s really for younger youth from
probably grades 3 through 6 to use that field. And most the parents in the area that have
volunteered to coach use the field. Like Todd said earlier, he doesn’t program that field as a part
of their allocation for practice fields. Todd and Jerry meet with the different associations and
designate our field usage at Lake Ann, Chan Elementary and Bandimere for the associations to
practice and to hold their games. This is a neighborhood park. It’s not programmed as a part of
the practice or games so any of the parents that live in the Curry Farms area that volunteer to
coach will use that field for practice.
Councilman Lundquist: As you’ve gone through with the neighborhood meetings and stuff on
this, have you had any negative comments on putting a playground over the top of the ballfield?
Todd Hoffman: Just one and that didn’t have anything to do with the ballfields. Just it was
moving it closer to his back yard. Other than that there was no complaint. We’re making a
significant investment in that new playground, $45,000. There’s a lot of frost heaving problems
at the current location. By moving it onto the higher location we gain about 3 feet in elevation.
We’re going to guarantee the investment in that new playground. If were to put it in the old
location, we’re going to have problems with frost heaving and concrete heaving. So the
neighborhood was fully supportive of the new location.
Councilman Lundquist: Okay, thank you.
Mayor Furlong: Okay. Any other questions for staff or discussion? If not, is there a motion to
approve staff’s recommendation?
Councilman Lundquist: Motion to approve.
Mayor Furlong: Thank you. Is there a second?
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
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City Council Meeting – May 23, 2005
Councilman Lundquist moved, Councilman Peterson seconded to approve the
Modifications to Curry Farms Park Master Plan as presented. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
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Scott Rosenlund: Yes, my name is Scott Rosenlund. I live at 622 West 82 Street in Chaska
and I’m not sure if there was a misunderstanding. I had been working with the city with
Sharmeen and Bill Bement about being on the consent agenda for a name change on Fox Den
development that we had done, and we actually, it’s the same participants or the same ownership
but we opened up a new LLC to own that property and I thought we were going to be on the
consent agenda for tonight.
Mayor Furlong: Mr. Gerhardt, I think that came in after this was actually distributed but I know
it came out electronically. Is that correct?
Todd Gerhardt: Yeah, that came out Friday afternoon. Should have been included on the
consent agenda. I don’t know.
Mayor Furlong: Was it on there electronic?
Todd Gerhardt: It was an e-mail that was sent out. Basically what we’re doing is naming, re-
naming Fox Den to, I forget the name.
Scott Rosenlund: Well the name of the development doesn’t change but the ownership, we had,
it was a S&J Land Company and now it will be Fox Den Development, LLC. It’s the same
ownership. Same everything. It’s just we have a new LLC. It’s a tax and liability reason.
Mayor Furlong: I guess my question, I’ll ask our city attorney. First of all did everybody on the
council receive that e-mail?
Councilman Lundquist: Yep.
Mayor Furlong: Is there any reason we cannot bring that up under new business this evening?
Roger Knutson: There’s no problem bringing it up, and I am familiar with the issue. I discussed
it with the planning staff last week. You can bring it up.
Mayor Furlong: Okay.
Councilman Peterson: We’ll take it up under new business?
Mayor Furlong: Take it under new business if that’s okay. That will give us time to get copies
distributed here. Down here as well for any interested party. Thank you sir. Anybody else who
would like to present any issues to the council this evening under visitor presentations. If not,
we welcome people to come forward every meeting. This is a standard part of our agenda so
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City Council Meeting – May 23, 2005
people are welcome to come forward each meeting to address issues to the council. Tonight we
receive our monthly update from our Carver County Sheriff’s Department and our Fire
Department. For Public Safety.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Sgt. Jim Olson: Thank you. This evening I have the sheriff’s office area report for the month of
April, the area citation list for the month of April, a Community Service Officer Report and also
a copy of the Crime Alert that was put out by Beth Hoiseth. And I also have miscellaneous items
for you as well. It was again relatively quiet for the month of April. Total calls for service were
down by 181 for the month. Criminal calls were down by 13 for the month compared to last
year. Total calls for year to date are down by 369 this year, so we have had a relatively quiet
year. Thefts were down by 15 for the month, and 52 for the year. We have seen, it would be
down even more but we have seen a large increase in the number of gas drive off’s from the
service stations in the city since gas has gone up, and that has been going up drastically.
Suspicious activity was up by 38 for the month. Traffic stops were down by quite a bit. They
were down by 100 for the month. We have 3 new officers that are training in the city of
Chanhassen right now, or I should say in the month of April, and those officers are learning how
to do traffic stops. They’re learning how to do felony stops. There’s a lot of paperwork
involved. That takes the officers that are training them out of the service somewhat. I mean
they’re still here answering calls and so on and so forth, but there’s a lot of training that’s going
on. We also have one officer that’s been out for a couple of months now with a medical
condition and one that was out on paternity leave. We have, we do replace those two officers
with other officers that come in, but they’re from outside of the city. It takes them a while for
them to get acclimated as far as what we have. Accidents were also down for, are also down for
year to date by 35 so that’s a good thing for the city. Any questions at all on the monthly
numbers?
Mayor Furlong: Councilman Lundquist.
Councilman Lundquist: Sergeant Olson, overall good to see the numbers going down. Couple
that concerned me, especially in the criminal for the month and the year on the drug violations up
pretty significantly percentage wise, and also a spike in miscellaneous criminal for this month
and ’05 versus ’04, but primarily any trends in the drug violations. Ones that you’re seeing. Is
that a sheriff’s department wide initiative or just something that’s naturally occurring that we’re
seeing more of in Chanhassen?
Sgt. Jim Olson: That’s county wide. The Southwest Metro Drug Task Force has been extremely
busy and has been doing a number of search warrants, both in the city and in the rest of the
county. Methamphetamine we’re seeing quite a bit more of both city wide and county wide. So
that does seem to be an uphill trend for us.
Councilman Lundquist: So probably a combination of both more occurrences and a focus on it
in the sheriff’s office as a whole?
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City Council Meeting – May 23, 2005
Sgt. Jim Olson: Yes, with the task force. Officer Schmidt has been doing a wonderful job with
search warrants and information that he’s been receiving. It seems to, you know the more arrests
he makes the more information he receives so it goes up that way.
Councilman Lundquist: Okay.
Sgt. Jim Olson: With the minor, or miscellaneous criminal, those include minor offenses which
include order of protection violations, warrant services where we get warrants where we go out
and arrest people on the warrant. Tobacco violations and threats and harassment are all included
under miscellaneous criminal activity.
Councilman Lundquist: Okay, thank you.
Mayor Furlong: Other questions?
Councilwoman Tjornhom: Yes, I have a question regarding your unmarked car, your patrol car.
Sgt. Jim Olson: Yes.
Councilwoman Tjornhom: Do you have any numbers on that? What’s happening as far as
traffic stops with that car.
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Sgt. Jim Olson: That started May 2, that program. These are numbers for the month of April,
correct. It’s going very well. I’ve been following, I don’t have actual numbers as of yet with
that. I will probably 3 weeks, 3 weeks or so I’ll have numbers for that. We’ve had a lot of
positive comments. Couple of negative comments where people don’t think it’s fair that we’ve
got an unmarked car that they hardly give the person a chance, as the one person said. I look at
that as a good thing however. Deputy Walgrave has had a number of speeds in the 70’s and 80’s
where people don’t realize he’s a squad car, and he’s actually had people go whizzing right by
him and he’s able to get a lock in and so it’s been a positive thing I think this month for us. It’s
been a good thing.
Mayor Furlong: Questions? Sergeant Olson, one question. You mentioned suspicious activity
was up and you also mentioned the drive off’s for the gas. Please reiterate what you’d like
residents to do with regards to suspicious activity. What should people do if they see something?
Sgt. Jim Olson: That is actually a good thing. That means people are calling us when they see
something that looks suspicious. With those type of calls up, I think that might have a
correlation with why are thefts are down quite a bit. And again, even with the gas drive off’s, or
without the gas drive off’s, it’d be even lower. We’ve been extremely fortunate this year so far
with thefts from vehicles that that’s been down quite a bit, so we certainly encourage people to
call us when they do see anything that looks suspicious or does not look right, whether it be in a
neighborhood or anywhere else in the city. We encourage that.
Mayor Furlong: I’ll just take a personal note. Your education at least worked for me. I had an
opportunity walking out of my office building. Someone was acting suspiciously and they called
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City Council Meeting – May 23, 2005
911 as you suggested that we do and the Eden Prairie police department called me the following
day. Indeed the person did drive into a gas station and drove off without paying and they were
able to catch him so I would encourage other people to do the same thing. If you see a
suspicious activity, call. If it turns out to be nothing, that’s fine so.
Sgt. Jim Olson: We had another incident that occurred here a couple weeks ago in the city where
somebody had called up. A local sales person had received a phone call that they thought was
pretty strange, and had a couple of meetings with this person. Something just did not seem right.
They ended up calling us and it turned out that this is, was a criminal who was a predatory
offender that had warrants on them from another state and we were able to pick them up at a
local hotel. So that was another case where somebody calling in. It certainly prevented a crime.
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So a couple other things I’d like to talk about. On May 2 Deputy Jim Gamblin responded to a
medical on Powers Boulevard. When Deputy Gamblin arrived there was a gentleman in full
cardiac arrest along the side of the road. Deputy Gamblin hooked up the AED that we have in all
of our cars and ended up giving the gentleman three shocks before the ambulance arrived. By
the time the ambulance got him to the hospital he was conscious, talking to his wife and holding
her hand. I talked to the gentleman about 2 weeks later and he was actually out of the hospital
and was taking his wife to lunch that afternoon. Right after I talked to him. I put Deputy
Gamblin in for an award for his quick thinking and actions. The AED was responsible for saving
this man’s life and it is good that we have them in all our squad cars, fire trucks and also in city
hall. There was also training that was given to employees in city hall here not too long ago,
within the past I think 3 weeks or so. On how to use the AED. The AED is definitely a life
saving tool for us and this gentleman was very happy that we had that. That was a good thing.
About a week after that Deputy Gamblin responded to two lost 3 year old children in the
Longacres neighborhood. Little tykes, they can be kind of quick and they got away. There was
a swamp in the area and the parents were very frantic. We called out the fire department to assist
us in the search and we were in the process of setting up…command when Deputy Gamblin and
the firemen were able to find the two little guys about 2 blocks away. They had been missing for
about 40 minutes when they were found, and the parents came in the office about a week later
with a thank you card that was somewhat signed by the children, but they were very thankful.
Thank you to the fire department for assisting with that. With little kids that are lost like that,
it’s important to get as many people in the area as you can as soon as possible and that worked
out very well. The American Legion parade went very well from our standpoint. We had 2 full
time deputies and 5 reserves that worked the event, and we did not have any complaints that we
were aware or, or that I’m aware of anyway. The planes were a nice touch for that. Going over
head. And then last week I also assisted Crime Prevention Specialist Beth Hoiseth with a
neighborhood watch coordinators meeting. I had 2 members of the sheriff’s emergency response
team that came in, gave a demonstration that was very well received, and we ended up going
quite a bit longer than planned because of all the questions. In fact one of the coordinators
would like our team to come in and do an entry during National Night Out this coming August
and I don’t know, I’m going to have to think of that one but they were very excited about that.
Anything else for the sheriff’s office or that I can help with at all?
Mayor Furlong: Anything at this time? No? Very good, thank you.
Sgt. Jim Olson: Thank you. Have a nice evening.
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City Council Meeting – May 23, 2005
Mayor Furlong: Chief Geske, good evening.
Chief Gregg Geske: Good evening. To start with I guess as you can see our call numbers
continue to be down, which is a good thing. We did have a couple structure fires recently here.
They turned out to be smaller structure fires that were noticed relatively early on, and both had
been due to careless smoking, which of course the rain that we’ve had a lot of has helped out in
that regard. But we’re, tonight we had an officers walk through the new Market Street Station so
we’re all ready for that to be open up here. There are a couple businesses now that are occupied
there. In June here we’ll be conducting or starting up our interview process for our new
perspective hires on the fire department and I think we have, currently have 9 people that are
interested in joining the fire department so we’ll take them through the interview process and
such. Bring to everybody’s attention of course in the next month here it should warm up and
we’ll have people out on the lakes and at the beaches and what not and we do have rescue boats
and dive teams and everything else but we’d like to keep those from being called out so we’d
like safety to be on everybody’s mind and when they are out in the boats and definitely out at the
swim places where we don’t have lifeguards and such so, that’s about all I have. Do you have
any questions?
Mayor Furlong: Any questions for the Chief? No, sounding good. Very good, thank you.
Chief Gregg Geske: Okay, thanks. Have a nice night.
Mayor Furlong: Thank you.
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GATEWAY 2 ADDITION, EAST WATER TREATMENT PLANT:
A. PUBLIC HEARING TO CONSIDER VACATION OF EASEMENTS, PROJECT
05-02.
B. FINAL PLAT APPROVAL.
C. APPROVAL OF CONSTRUCTION PLANS & SPECIFICATIONS AND
AUTHORIZE ADVERTISEMENT FOR BIDS.
Paul Oehme: Thank you Mayor, City Council members. The first item for your consideration
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tonight regarding the Gateway 2 Addition, east water treatment plant is the vacation of existing
easements over the underlying plat. The underlying plat over the east water treatment plant was
originally platted under the Gateway East plat in 2001. As with all plats, standard drainage and
utility easements along the lot lines were granted to the city. With the construction of the new
proposed water treatment plant, new drainage and utility easements have been dedicated to the
city. In order to remove the old easements encumbered on the new lots the city will need to
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vacate the old easements. The easements are shown on these sheet here. This is the end of 79
Street. Trunk Highway 5 is on the bottom of the drawing here, and this is an outlot under the
Gateway East original plat, so pretty straight forward. I’d recommend that a public hearing be
opened at this time and I stand for questions.
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City Council Meeting – May 23, 2005
Mayor Furlong: Thank you. Any questions for the staff? If not we will open the public hearing
and invite any interested parties to come forward and speak on this matter. Please come forward
to the podium, state your name and address. Nobody? Okay. If not then without objection we’ll
close the public hearing and bring it back to council. So moved, or order so any discussion on
the council on this item? Seems pretty straight forward. The items B and C, is there anything to
discuss on those right now before we move forward with any action?
Paul Oehme: I can run through the second item. The final plat approval if you’d like.
Mayor Furlong: The plat approval or the plans and specs?
Paul Oehme: The plat approval or the plans and specs. We can look at and see if you’d like to,
it doesn’t make any difference.
Mayor Furlong: Alright. Let’s go with any questions, if there are any questions on those items.
No? Okay.
Paul Oehme: Well for the plat approval.
Mayor Furlong: We’re just going from preliminary to final there. There weren’t any material
changes?
Paul Oehme: Yep. There basically from the preliminary to the final plat there were some
conditions that were originally in the packet, 25 additional conditions. Most of those conditions
have been met at this time. Additional conditions will be met prior to contract or/and during the
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construction process. Again on April 25 City Council did look at land use in this area.
Preliminary plat approval again and then the site plan review for the 12,500 square foot building
that we’re considering building. For the water treatment plant. Utility easements again were
reviewed, consistence with the standard specifications and street layouts and then landscaping as
well too, so the 25 conditions that were originally in the preliminary plat approval again have
been met and are included in these documents here. The plans and specifications for the
treatment plant site, so they’re really close to being finalized at this time. There’s a couple
things that the city attorney has recommended we include at this time but they’re easily
incorporated in the plans.
Mayor Furlong: Thank you. Is there any other questions on these, and just for a point of
clarification, I think originally, or not originally. At one point when we were putting the agenda
together this evening, items 3 B and C were included in the consent agenda as the normal course.
We’d bring a final back that way. The only reason they were put down here was because we did
have the public hearing on item 3A, so while it’s not public hearing, certainly if anybody would
like to speak to these, we’d welcome you to come forward now to speak on either of these two
matters as well. Items 3 B or C. If you’re interested please come forward to the podium. Just to
make sure that there’s no confusion there. That’s fine. With that, is there any other discussion
on any of the items 3A, B or C from the council level? If not, is there. I’m sorry, Mr. Gerhardt.
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City Council Meeting – May 23, 2005
Todd Gerhardt: I have one item. Paul, wasn’t there one item you wanted to change on storm
water ponding?
Paul Oehme: Yep, and I don’t know as a matter of course, should we be voting on the, council
vote on the just the preliminary, or the vacation of easements first?
Roger Knutson: There’s no reason they can vote on all three of them at the same time.
Paul Oehme: Okay. Then we’ll just move onto item number C then. Or actually B, I’m sorry.
Under the recommendations, under page 7. Item number 6.
Mayor Furlong: Which item are you?
Paul Oehme: Under B, I’m sorry. Under B, page number 6. Page number 7. Under the
recommendations. Second to the last sheet. Staff I guess is requesting that the language of that
item be, just be changed to be a little more flexible in that the applicant being the city should just
work with the watershed district. Seeing if the regional water quality infrastructure on the site
can be provided at this time. We don’t know if it can be or not. We just wanted the flexibility
that city staff should be looking at that instead of just having us required to construct a regional
pond at this site.
Todd Gerhardt: We want to do this when there’s no planners here.
Councilman Lundquist: Perfect.
Mayor Furlong: Okay, so what’s the wording change? Shall or should?
Todd Gerhardt: How about the applicant provide.
Councilman Lundquist: How about the applicant shall work with the watershed district to
investigate a regional water quality infrastructure on this site.
Paul Oehme: I agree.
Mayor Furlong: Okay. Okay, anything else then on any of these items? A, B or C.
Paul Oehme: I can talk some more if you want to see the plans or the schematics.
Councilman Lundquist: Was that a threat or a promise?
Mayor Furlong: I’m not trying to rush you.
Paul Oehme: We can move on. I should just briefly touch on a third item and that is, having
council consider us to go with plans and specs and authorize the advertising for bids at this time
too. Basically in your outline we identified what the scope of the project is. Basically again it’s
a water treatment plant facility to remove the iron, manganese that are currently in our water.
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City Council Meeting – May 23, 2005
They’re creating more of the rusty water issues that we have here. Another benefit to the
treatment plant, naturally occurring contaminants are in our water as well too, so it’s a good
thing that we’re planning for the future with this project as well. Setting up a infrastructure for
future wells 10 and 11, and kind of looking forward and into the future. The schedule for the
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project, I’ll briefly go over that. We’re looking at opening bids on June 30 and then having
council consider awarding a contractor of the lowest qualified bidder in July. Starting the project
up and construction in July, and then having the project potentially completed in August or at an
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alternate start up date of December 3, which is an alternate bid item in our contract as well. So
with that being said, again I stand for questions and I recommend that all 3 items be approved.
Mayor Furlong: Okay, thank you. Any questions for staff on any of those items? I think this is
continuing along the path that we’ve been working for over the last, boy almost 2 ½ years. And
even longer than that with the CAP agency, the CAP group, citizens group that has been looking
at this so this is just the next step here, and we’re getting to the point now where we’re going out
and saying we want to build this and let’s find out what the price is and see how good our
engineering estimates are. Okay.
Todd Gerhardt: Just to add one more thing in there Paul, we should put in a ground breaking
ceremony between award of bid and start of construction. I think the Mayor made a great point
here that this has been going on for 2 ½ years. I think the CAP agency’s been involved in this
for over 3 years and I think when you have an achievement like this you’ve got to celebrate it
and I think the city should have their ground breaking. This is probably going to be one of the
most expensive capital improvement projects that the city’s taken on and I think we should
celebrate that, and work with SEH in planning a great ground breaking ceremony.
Mayor Furlong: We’re celebrating the expense part of it?
Todd Gerhardt: I said work with SEH on sharing the cost of that.
Councilman Lundquist: We’re celebrating the wise investment.
Todd Gerhardt: That too.
Mayor Furlong: Very good. Thank you. Anything else? If not is there a motion, either
individually if people desire or we can take them combined.
Councilman Lundquist: Mr. Mayor I’d move that we approve items 3(a) as published. 3(b) with
the edit to item number 6 on page 7 to read the applicant shall work with the watershed district to
investigate a regional water quality infrastructure on this site. And item 3(c) as published.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
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City Council Meeting – May 23, 2005
Resolution#2005-49: Councilman Lundquist moved, Councilwoman Tjornhom seconded
that the City Council approves a resolution vacating the existing public drainage and utility
easements as defined on the attached vacation description. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council
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approves the final plat for Gateway East 2 Addition creating two lots and one outlot
(plans prepared by Hansen Thorp Pellinen & Olson, Inc.), subject to the following
conditions:
1. An access easement for the benefit of Lot 2 shall be recorded across Lot 1.
2. On the site plan show the dimensions for street width, cul-de-sac radius, parking stalls,
trail, etc..
3. The proposed retaining wall along the north side of the backwash tanks will require a
building permit from the City’s Building Department.
4. Proposed erosion control must be developed in accordance with the City’s Best
Management Practice Handbook (BMPH). Staff recommends that Type I silt fence be
used along the entire south and west construction limits. A rock construction entrance,
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per City Detail Plate No. 5301 must be added to the plans off of existing West 79 Street.
In addition tree preservation fencing must be installed at the limits of tree removal. All
disturbed areas as a result of construction must be seeded and mulched or sodded
immediately after grading to minimize erosion. Any off site grading will require an
easement from the appropriate property owner.
5. Additional signage shall be installed alerting motorists to the blind approach near the
existing Hanus Building just west of the site.
6. The applicant shall work with the watershed district to investigate a regional water
quality infrastructure on this site.
7. The flow path and velocity of the water from the flared end sections to the storm water
shall be evaluated.
8. A Storm Water Pollution Prevention Plan (SWPPP) encompassing an erosion and
sediment control plan shall be developed for the site.
9. Erosion control blanket shall be applied to the storm water pond and any disturbed areas
between the flared end sections and the pond, as well as on any slopes greater than or
equal to 3:1.
10. Energy dissipation shall be provided at the flared end sections.
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City Council Meeting – May 23, 2005
11. All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days (Maximum time an area can
10:1 to 3:1 14 days remain open when the area
Flatter than 10:1 21 days is not actively being worked.)
12. These areas include constructed storm water management pond side slopes and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or man made systems that discharge to a surface water.
13. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed.
14. Inlet protection shall be provided following installation. Wimco-type inlet controls are
recommended.
15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota
Department of Health, and Minnesota Department of Transportation), and comply with
their conditions of approval.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Resolution#2005-50: Councilman Lundquist moved, Councilwoman Tjornhom seconded
that the City Council approves the construction plans and specifications and authorize
advertisement for bids, Project No. 04-08. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
PUBLIC HEARING FOR 2005 STREET IMPROVEMENT PROJECT 05-01:
A. ASSESSMENT HEARING.
B. AWARD OF BID.
Public Present:
Name Address
Gary Meier 1420 Lake Lucy Road
Paul Oehme: Thank you Mayor, City Council members. Staff requests that the City Council
hold an assessment hearing and consider a resolution adopting the 2005 street improvement
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City Council Meeting – May 23, 2005
th
assessment roll. September 27 the City Council authorized the preparation of the feasibility
study for this project and since then city staff has held two neighborhood meetings, open houses
for this project and has opened bids as well. The final assessment amounts based on the bid
results that we have just received. Prior to completion of the public hearing, any property
owners wishing to object to their assessment must file a signed written objection or they waive
their rights to appeal. Objections after this public hearing are invalid. The City Council should
approve a resolution as in the background, as adopted, or either modify it as submitted. Staff has
not received any objections to the assessment hearing at this time, or the assessments at this time.
In all 128 notices for this public hearing had been sent out. I’d like to just briefly go through
each of the project areas at this time. The project areas again we were looking at, there were 3
major, main areas and the streets that have been identified were identified through the pavement
management program we have here at the city. The Lake Lucy area is shown in this drawing in
the blue. The project includes Lake Lucy Road which is the east/west collector roadway. Steller
Court and Charing Bend. And Lake Lucy Road is from Galpin Boulevard over to Powers on the
east. Those improvements include an area in Lake Lucy Road from a 36 foot wide roadway
down to 32. Milling and overlaying the street. Installing concrete curb and gutter along the edge
of the road on Steller Court and Lake Lucy Road. And then adding an off street trail on the north
side of Lake Lucy Road. Adding a turn lane on Galpin. Or on Lake Lucy Road by Powers
Boulevard. And Charing Bend, we were looking at overlaying that cul-de-sac at this time. No
sewer and water improvements were included at the project at this time. The assessment
amounts again are consistent with our standard practice of assessing back 40% onto the
benefiting property owners on Lake Lucy Road and the curb and gutter that we were planning to
include in this project as well. Assessments did not include the roadway narrowing that I’ve
discussed, or the trail improvements. Or the over sizing the roadway from a residential roadway
section to a collector roadway section. And assessments were calculated on a per lot basis. Lake
Lucy Road, properties that access off of Lake Lucy Road that are proposed to be assessed are at
the rate of $2,673.87. That should be Steller Court is same amount. And Charing Bend is at a
rate of $1,582.13. And the assessment is for over 8 years at a 6% interest rate. The Pioneer Trail
area improvements is shown on this drawing. 101 is currently shown here. Pioneer Trail. 101 is
over here, I’m sorry. No, 101 is here and then Pioneer Trail is right there. Okay. And the
project area includes all of Foxford Road, Eastwood Court, Meadowlark Lane, Deerbrook Drive,
Homestead Lane, Flintlock Trail and then Pineview Court. The proposed improvements
generally include a full depth mill of the existing pavement section regarding the roadway and
then paving to a standard pavement thickness. Staff bid out the edge milling and overlaying
along with the full depth mill overlay which was most the cost beneficial. Full depth mill is only
about $4,000 more than the edge mill, which is approximately about 3% more than the base bid.
And still within the project budgeted amount. Staff concluded that the extra cost is worth the
funds invested just due to the longevity that we anticipate to see on the roadway and we
anticipate that this type of construction will decrease the amount of time for the contractor to
build the roadway, thus decreasing the amount of inconvenience to the residents that are on these
streets. The assessment amounts for this area are proposed in accordance with the past practice
of city assessments. Again both assessing back 40% to the benefiting property owners. The
assessment amounts are shown in this sheet here. Deerbrook Drive at $1,925.21. Foxford Road
and the roads associated in that development of $2,125.03. Homestead Lane area in the amount
of $2,164.77. And then Meadowlark Lane of $2,040.46 and again the assessment is over a 8
year period at 6% interest. The last project area that’s proposed to be assessed is the Chan View
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City Council Meeting – May 23, 2005
area shown in this drawing here. The roadways in question that we’re proposing to improve are
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Market Boulevard north of 78 Street to Chan View and Chan View between Market Boulevard
and Laredo Drive. The proposed improvements are edge milling the existing pavement section,
fixing the cracks, storm sewer improvements, sidewalk improvements, and then paving the
roadway. The assessments again are, using the 40% assessment practice that we have, the
assessments for this area are proposed per lineal foot for the commercial area, and they are at a
rate of $10.92 per linear foot, and again over a 8 year period at 6% interest. With the assessment
project areas city staff has included improvements to the city hall parking lot and the fire station
#1 which is just over on Chan View as well. Proposed improvements here include the milling
and overlaying of the two east parking lots, city hall and the fire statement. The fire station is
also proposed to receive an 8 inch thick concrete driveway at the garages for the heavy trucks to
use. No assessments are proposed in this area. Two other items, miscellaneous are curb repair
throughout city streets. That was shown, the curb repairs are proposed in the 2006 sealcoat area,
just kind of planning for those improvements. And then also replacing and repairs to the
Minnewashta trail, Minnewashta Parkway trail along Minnewashta Parkway from Trunk
Highway 7 to Trunk Highway 5. By including these type of improvements in the larger project,
staff feels that we can get better bids from contractors when we stick it into a larger projects so,
the funding for the project is coming from several sources. The total project cost for the 2005
street improvements is $1.58 million approximately. Of that we’re looking at assessing almost
$300,000 back to the benefiting property owners using our storm sewer utility fund to help pay
for our storm sewer improvements. Using our MSA fund, basically our gas tax money that we
get from the state every year, to help out with improvements to Lake Lucy Road. Capital
replacement fund, use that fund for replacement to our city infrastructure, our parking lots at city
hall and at the fire station. Pavement management, that’s for, our pavement management fund,
that’s for our trail improvements and for our curb replacement. Curb replacement throughout the
city. And then ad velorem, that’s basically the funds that we get from our general fund. To help
pay for all the improvements as well. So at this time I’d request that the assessment hearing be
opened and I stand for questions.
Mayor Furlong: Thank you. Questions for Mr. Oehme. Are we dealing with questions now on
4(b) as well or have you not got into that?
Paul Oehme: I’ve not got into that yet.
Mayor Furlong: Okay, we’ll hold off on that then and just stick with these. If there are no
questions then, I will open up the hearing with regards to the assessments. One thing that I want
to reiterate for everyone here that wishes to object to the proposed assessment, they need to file a
written, signed objection here tonight before we close the public hearing, so if there’s any
questions or concerns about that, please come forward and make sure we understand so you get
the information you need as well. So at this point I’d like to open up the public hearing on this
matter and invite interested parties to come forward to the podium. State your name and address
to address the council. Okay, if there’s nobody. If there’s nobody then, given the nature of this
public hearing I would ask for a motion from the council to close the public hearing.
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City Council Meeting – May 23, 2005
Councilman Peterson moved, Councilwoman Tjornhom seconded to close the public
hearing. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The
public hearing was closed.
Mayor Furlong: We’ll move back now, any other questions or matters on this issue of the
assessment hearing? Otherwise we’ll move on. Do you want separate motions or?
Roger Knutson: You can do it either way.
Mayor Furlong: Any preference from staff?
Todd Gerhardt: Just one.
Mayor Furlong: One single motion. Okay, why don’t we go ahead and get a staff report on item
4(b) then.
th
Paul Oehme: On April 26 at 9:00 staff did receive 6 bids for the 2005 street improvement
project. The bids were, after bid opening the bids were tabulated and checked for errors. The
tabulation included in your background shows the bid results for the project. Included in the bid
were two alternates. One for full depth mill and overlay of the Pioneer Trail area, which I
previously discussed. And then lighting improvements on Lake Lucy Road basically over at
Lake Lucy Lane I believe we’re requesting that a light be put in at that intersection and then 2
additional lights west of there just to help with the traveling public on the trail in that area as
well.
Mayor Furlong: Excuse me for the interruption. Lights at Lake Lucy Lane and west of that
point towards Galpin?
Paul Oehme: Yep. There’s, what was in the bid was an overhead light at Lake Lucy Lane and
Lake Lucy Road. At that intersection. That intersection is currently not lit so we’re requesting
that one light be included at that time, and then additional I think 2 lights west of there. Some
residential looking lights be included along the trail side to help with lighting during the night
during… The bids that we did receive were okay we thought. GMH Asphalt Contracting was the
apparent low bidder and their bid came in approximately 20% less than the engineer’s estimate.
And again using the formula that I talked about before, the total project cost is $1.58 million
approximately. The contract with GMH though is, and for the bid is $1,436,894.90. So with that
being said, I recommend that council approve the bids to GMH Asphalt Contract Incorporation
for the 2005 street improvement project.
Mayor Furlong: Thank you. Any questions?
Councilman Lundquist: Paul, as I was looking at the bid summary, stood out on the first bid
alternative for the full depth mill, the prices range from 13, approximately $13,000 adder to a
$155,000 deduction. That’s $170,000 swing on the project. How do you, or any idea why they
range so widely?
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City Council Meeting – May 23, 2005
Paul Oehme: Basically the milling operation, I think Midwest Asphalt might have a milling
machine themselves so they potentially could reduce some of those costs by using their own
machine. A lot of the, I know GMH does not have a mill machine so they potentially would
have to rent one from a different contractor, so potentially those costs would increase based upon
that. I’m not really sure exactly, maybe our consultant engineer could address that issue a little
clearer, but it’s just the way the bids came in. I thought, you know we did not have any
questions to my knowledge on the alternate bid not being clear in the spec, so I don’t, I think the
specs were clear in that regard but I really don’t have an answer for you.
Councilman Lundquist: But you’re comfortable that the price then from GMH is accurate and
that’s, I mean they all come in you know about the same. It’s just that swing there concerns me.
We’re asking them to do extra work and they’re going to charge us $155,000 less. That seems
strange.
Paul Oehme: Well it’s really not more work. In this area we had marked out specific areas for
them to repair. There’s a lot of time involved. Man power time with ripping out the specific
replacement areas of the street, and repaving and by the milling operation, it’s a lot quicker to get
in there and get out so it all depends on whether the contractor can put their money in Midwest
Asphalt bid, you know some of their unit prices must be higher than others compared to GMH’s
so it depends on where they stick the money.
Councilman Lundquist: Okay. But you’re comfortable with the bids where they are and that
we’ll get a good quality product?
Paul Oehme: Absolutely.
Todd Gerhardt: Mayor, council members. I’d just like to note that GMH bid reflects very
closely to our engineer’s estimates. Lake Lucy lighting was about $3,000 difference but the rest
of them are almost right on.
Mayor Furlong: Any other questions for staff on this item? No? Alright, any discussion from
the council on this matter? The assessment. Either item. Item 4(a) or 4(b). On these projects.
We looked at these earlier when the feasibility study came through from a make sense standpoint
so.
Councilwoman Tjornhom: I think the staff has done a good job just dealing with informing
people what’s happening, what’s going on. Obviously since tonight we don’t have a large crowd
here. You know they’ve obviously been educated and they understand what they’re getting and
what’s happening and I think they should be commended for that.
Mayor Furlong: Very good point. Well said. Other discussion? I think at the same time I think
recognizing staff’s creativity, especially with regard to Lake Lucy Road, and finding a way to
improve the safety of that road from the, for walkers and bikers, especially is commendable you
know to not just live with what we’ve got now and fix what we’ve got now but find a way to
improve it and make the city better so we appreciate that as well. Your creativity there.
Creativity and engineering, that’s good.
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City Council Meeting – May 23, 2005
Councilman Lundquist: Not an oxymoron.
Mayor Furlong: That’s not an oxymoron. Very good.
Paul Oehme: There’s a lot more notification that we’re planning to do with the residents. There
will be newsletters that will be going out probably on a monthly basis letting the residents know
contact information. Who to contact if you have any questions or concerns about the progress of
the project as well too, and we do need to work with a lot of people on Lake Lucy Road. I know
one gentleman here in particular in the audience, we need to work with him on his landscaping
because his house is fairly close to where this new trail’s going to be so we need to work with
him on some landscaping issues so.
Mayor Furlong: Do we expect any road closure at all?
Paul Oehme: No. We are anticipating that the road will be open at all times. There will be
some lane shifts but we would anticipate that Lake Lucy Road would remain open.
Mayor Furlong: Okay, very good.
Todd Gerhardt: Mayor, I just want to add that Paul has got a great process that he’s used here.
Met with the neighborhood several times. Has met with individuals on site and worked out
issues with several property owners. Landscaping, driveways, lighting, you name it and has
done just a great job, him and his staff so I compliment them on their efforts.
Mayor Furlong: Thank you. Any other discussion? On this. If not, is there a motion regarding
item 4(a) and (b)?
Councilman Peterson: Mr. Mayor, I’d move that the council approve the assessment roll for
2005 street improvement and adoption of the resolution for assessments along with awarding of
the construction contract for the same to GMH Asphalt in the amount of $1.4 million and some
change.
Mayor Furlong: Thank you. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
Resolution#2005-51: Councilman Peterson moved, Councilman Lundquist seconded that
the City Council approve the assessment roll for the 2005 street improvement project and
adopt the resolution for assessments. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
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City Council Meeting – May 23, 2005
Resolution#2005-52: Councilman Peterson moved, Councilman Lundquist seconded that
the City Council award the construction contract for the 2005 street improvement project
to GMH Asphalt Corp. in the amount of $1,436,894.90. All voted in favor and the motion
carried unanimously with a vote of 4 to 0.
APPROVE AMENDMENT TO DEVELOPMENT CONTRACT FOR FOX DEN
PROJECT NO. 05-10.
Mayor Furlong: As I understand it Mr. Gerhardt, this is strictly a name change on the
development contract that’s being requested?
Todd Gerhardt: Correct. It’s an amendment to the development contract. A name change from
S & J Land Company, LLC to Fox Den Dev LLC. That’s all we’re doing is a name change.
Staff is recommending approval of that.
Mayor Furlong: Thank you. Any questions for staff?
Councilman Peterson: Motion to approve.
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on that?
Councilman Peterson moved, Councilman Lundquist seconded to approve the revised
development contract dated May 23, 2005 changing the name of the developer from S & J
Land Co., LLC to Fox Den Dev, LLC.. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Councilman Lundquist: Tomorrow night is our, to remind everyone that tomorrow night is our
Park and Rec Commission meeting. It will be taking up the skate park issue. So for those
residents who have comments and concerns or proposed solutions on either side of that, I’ve got
a couple messages in support of action to date. I know that the staff has received at least one in
non-support of the action so encourage everyone to get out tomorrow night in this room at 7:00
to participate in that discussion and anxious to hear everyone’s solutions as well. And as we’ve
seen through some of our background in the staff report, that back in November of 2001 when
we had a similar issue that required neighborhood meetings and stuff too, so hopefully we can
make this one the lasting impact and not have to come back here every few years and continue to
address this problem so hopefully we’ll have a good turn out and get a good generation of ideas
tomorrow night.
Mayor Furlong: Okay, thank you. Other items? Just to share, I had an enjoyable morning this
morning meeting in our senior center for the annual opportunity to talk to them about items
going on in the city. Breakfast with the Mayor, and it was a lot of fun. There was a good turn
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City Council Meeting – May 23, 2005
out. Some good discussions and I think everybody had a good time and learned something new
about all the things that we’re doing so it was a lot of fun.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Just to add to that, we had Attorney General Mike Hatch out here who followed
the Mayor.
Mayor Furlong: It went downhill.
Todd Gerhardt: We know how to prioritize things here.
Mayor Furlong: I got breakfast.
Todd Gerhardt: And he gave a speech on identity theft and also talked about health care
concerns for seniors and all ages to be specific, and did hand out a booklet on his study on that
and I’ll try to get a copy of that to the City Council. But that’s all I have this evening. Any
questions for me?
Mayor Furlong: Questions for Mr. Gerhardt or staff?
Councilman Peterson: Just in the correspondence package, if you’re going to transition to that,
now that I’ve got his attention.
Mayor Furlong: Certainly.
CORRESPONDENCE DISCUSSION.
Councilman Peterson: Did you get any…on the letter to St. Hubert’s Todd yet or not?
Todd Gerhardt: Had discussions with Father… He was going to talk to his church council. His
response to me was that Father Steve and himself believe that once the tenant in the church
would leave that St. Hubert’s would probably take the church back over, were his comments to
me. Probably be working with the city attorney to draft a termination lease agreement and send
that over to them to review but have not heard back from him since my phone conversation,
which was about a week ago.
Councilman Peterson: Okay, good. Thanks.
Mayor Furlong: Thank you. Any other discussion on the correspondence? No? Okay, if there’s
nothing else to come before the council this evening, is there a motion to adjourn?
Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the meeting.
All voted in favor and the motion carried unanimously. The City Council meeting was
adjourned at 8:05 p.m..
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City Council Meeting – May 23, 2005
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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