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CC Minutes 1997 08 11CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 11, 1997 Mayor Mancino called the meeting to order at 6:32 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Berquist, Councilman Engel and Councilman Senn COUNCILMEMBERS ABSENT: Councilman Mason STAFF PRESENT: Roger Knutson, Todd Gerhardt, Charles Folch, Todd Hoffman, and Kate Aanenson APPROVAL OF AGENDA: Councilman Berquist moved, Councilman Engel seconded to approve the agenda as presented. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Mancino: Are there any items that Council members would like pulled? Councilman Berquist: I want to make a couple of minor modifications to 1(I). I want to amend l(I)l, or l(I)(a). On page 20. I want to change the motion from two outlots. The Council also approves the final plat for Subdivision #97-1 for Highover Addition for 54 lots and four outlots as shown on the plans received July 16, 1997. And that's amendment, change number one. Then on l(I)(b) which is the development contract. Page GC-9. Paragraph K. I want it to read, the developer may not assign this contract without the written permission of the City Council, which permission shall not be unreasonably withheld and the balance of the paragraph as within the report. So are the two amendments I have for that. Mayor Mancino: Okay. And again are there any items that anyone would like to be pulled? Councilman Senn: l(a). Mayor Mancino: Okay, we'll pull l(a). I would like to pull 1(o). Then may I have a motion with those, for the Consent Agenda with the amendments that Councilman Berquist has made. Councilman Engel moved, Councilman Berquist seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: Resolution #97-56: Approve Resolution Entering into an Agreement with the State of Minnesota for Reimbursement Monies through the Federal Anti-Drug Act of 1986. Resolution #97-57: Approve Resolution Entering into a Grant Agreement with the Minnesota Dept. of Public Safety, Office of Traffic Safety for the Project Entitled Safe & Sober Communities. City Council Meeting - August 11, 1997 Resolution #97-58: Approve Change Order No. 3 for Lyman Boulevard/Lake Riley Area Trunk Utilities, Project No. 93-32B. Resolution #97-59: Accept Utility Improvements in Woodridge Heights 1st & 2nd Additions - Project No. 97-5. Resolution #97-60: Accept Utility Improvements in Oak Ridge of Lake Minnewashta - Project No. 96-9. Highover Addition, located north of Hwy. 5 on the east side of Hwy. 41 (Hazeltine Blvd.), south of Lake Lucy Road, Jerome Carlson: a. Final plat approval, as amended by Councilman Berquist on page 20, for 54 single family lots and one outlot and second reading to rezone property from RR to RSF. b. Approve Development Contract, as amended by Councilman Berquist on page GC-9(k), and Plans & Specifications, Project 97-15. k. Approve Contract for Emergency Repairs to 76th Street Water Tower - Project 97-17. Resolution #97-61: Accept Street and Storm Sewer Improvements, CSM/Dell Road - Project No. 95 -23. n. Consider Request for Lakeshore Setback vAriance Extension, 6631 Horseshoe Curve, Harold Dahl. p. Approval of Bills. City Council Minutes dated July 28, 1997 City Council Minutes dated August 4, 1997 Planning Commission Minutes dated July 16, 1997 Public Safety Commission Minutes dated June 12, 1997 All voted in favor and the motion carried. mo APPROVE PLANS & SPECIFICATIONS~ CHANHASSEN RECREATION CENTER/ BLUFF CREEK ELEMENTARY SCHOOL PARKING LOT EXPANSION~ AUTHORIZE ADVERTISING FOR BIDS. Councilman Senn: l(a), which is the new parking lot expansion improvements at the elementary school. I pulled it because I just wanted to do so because I intend to vote no. I think the costs are way out of line. I think it's inconsistent with our original agreement and I think it's primarily being necessitated by school activities and should not be a cost that's being passed probably onto all Chanhassen taxpayers so. Mayor Mancino: Thank you very much. Anyone else have any comments to make? Councilman Berquist: I've got a question for Councilman Senn. The budget so far has been worked up on a quantity basis. And do you think that the engineer's estimate on quantities are erroneous or the cost per unit on the quantities are extraordinarily high? City Council Meeting - August 11, 1997 Councilman Senn: From what I've seen Steve, I would say they both are. Mayor Mancino: Have we gotten final bids yet Todd on that? Todd Hoffman: No. Mayor Mancino: Okay. Todd Hoffman: Correct. So we will accordingly get final bids and go with the lowest one? We're waiting a change order from Meger Construction. If we don't believe that is appropriate, then we will solicit bids. Mayor Mancino: And how many bids do we get, three? Todd Hoffman: We'd get as many as would come in if we go out to the public for a public bidding, correct. Mayor Mancino: Okay. Any other questions or comments? Then may I have a motion please? Councilman Berquist: I'll move approval of the plans and specifications as submitted within the staff report. Mayor Mancino: May I have a second please. Councilman Engel: Second. Resolution/t97-62: Councilman Berquist moved, Councilman Engel seconded to approve plans & specifications, Chanhassen Recreation Center/Bluff Creek Elementary School Parking Lot Expansions, Authorize Advertising for Bids. All voted in favor, except Councilman Senn who opposed, and the motion carried with a vote of 3 to 1. O. REQUEST FOR SITE PLAN AMENDMENT TO CONSTRUCT A 192 SQ. FT. ENTRY WAY ADDITION TO AN EXISTING BUILDING LOCATED AT 10,000 GREAT PLAINS BLVD., HALLA NURSERY, DON HALLA. Mayor Mancino: I would like to table this and have it come back once Halla Nursery is in compliance with the Judgment and Stipulation that we have with them. An agreement that we have with them prior to giving them approval on this. Any other comments? Then may I have a motion please. Councilman Berquist: I'll move to table. Mayor Mancino: Is there a second? Councilman Engel: Second. Councilman Berquist moved, Councilman Engel seconded to table the request for site plan amendment to construct a 192 sq. ft. entry way addition to an existing building located at 10,000 City Council Meeting - August 11, 1997 Great Plains Blvd., Halla Nursery, Don Halla until Halla Nursery is in compliance with the Judgment and Stipulation. All voted in favor and the motion carried. VISITOR PRESENTATIONS: None. AWARD OF BIDS: AWARD OF BIDS FOR STREET AND UTILITY IMPROVEMENTS OF PHASE I OF THE N 1/2 OF SECTION 16 (GATEWAY), PROJECT NO. 97-1. Charles Folch: Thank you Madam Mayor, members of the Council. This past Friday we did receive and open bids for the Arboretum Boulevard Business Park, Phase I project. We received a total of four bids and the results range from approximately $835,000.00 to $940,000.00 to the highest bid. A range of, a spread of approximately 12%, which is relatively a close grouping on the bid results for a contract of this size. We did go through and review the bids and tabulate them for correctness. We did find a few errors on a number of the bids but what you're seeing tonight with the numbers given are the revised and tabulated bids submitted with the corrections accordingly. And with the changes, Utility Systems of America Incorporated still is the confirmed low bidder at a bid of $835,772.70. We have not worked with this company in the past but we have checked references. They've primarily done a lot of work in the northeast part of the State. We have checked references on that and found them to be acceptable. One of the owners of the company, Mr. Lampa is a resident of Chanhassen. I spoke with him again today and he's very interested in doing this work. He sees a lot of potential projects for the city, or coming up with the city in the future and wants to put their best foot forward on this one to show us what they can do so with that staff would recommend the contract be awarded to Utility Systems of America, Incorporated. Mayor Mancino: And is this approximately the budget that we had allowed for this as we were looking at the numbers? Charles Folch: That's correct. The engineer's estimate was approximately $830,000.00 and I believe we're looking at about a total project cost for Phase I of about $1.1-$1.2 million? Is that right Phil, with the engineering fees and legal and all that sort of thing so we should be right in line. Mayor Mancino: Any questions from Council members on this? Councilman Berquist: Just, you've got three phases to this. Sanitary, watermain and storm and street. Did the package estimate by Bonestroo was 830. How did it break out? For Phase I, or segment 1, 2 and 3 in the estimating. Charles Folch: I don't know if he has those numbers with him tonight to be able to show you that but. Councilman Berquist: I'm sure he knows them off the top of his head. Phil Gravel: You're right Charles, I don't have the numbers with me but Councilman Berquist. The numbers were very similar to what was in the report so. Councilman Berquist: Well there's significant spreads on the estimate. On the four bids received on the three different segments. Phil Gravel: I believe that. You know on a bid like this with the unit prices, contractors will put some of their profit and overhead in different items depending upon how they see fit so it's really the bottom line we City Council Meeting - August 11, 1997 have to look at. When you asked about the different categories, you know on the feasibility report, there was trunk area assessments for sanitary sewer and watermain and also the street portion has to be assessed 100% to the developer. Those numbers fell within line with what we estimated before so that's pretty accurate. The developer should be okay with that. Councilman Berquist: Well, I've got to give you a lot of credit. 830 with a bid of 835. Well of course we're working on a per unit basis. Mayor Mancino: How were you off $5,000.00? Phil Gravel: Bad mistake this time I guess. Mayor Mancino: Get that computer working better. May I have a motion please. Councilman Senn: Move approval. Mayor Mancino: Is there a second? Councilman Berquist: Second. Resolution #97-63: Councilman Senn moved, Councilman Berquist seconded to award the bid for Street and Utility Improvements in Phase I of the N ½ of Section 16, Project 97-1 to Utility Systems of America, Inc. in the amount of $835,772.70. All voted in favor and the motion carried. REQUEST FOR SITE PLAN REVIEW FOR A 30~000 SQUARE FOOT TWO STORY OFFICE BUILDING AT THE NORTHEAST CORNER OF MAIN STREET AND HIGHWAY 101 WITHIN THE VILLAGE ON THE PONDS DEVELOPMENT~ OFFICE SERVICES PHASE AUSMAR DEVELOPMENT CO. ~LLC. Kate Aanenson: This is the third building going up in the Villages on the Pond project. St. Hubert's is nearing completion. They've just begun on the Americlnn Motel. This would be the third building, fondly called right now Number 17 which will be an office building. When we looked at the overall development of this project it was kind of as an office building, which it is and a shared parking. The building itself will have 38 underground parking stalls and will share the rest of the parking on surface parking with St. Hubert's. We believe that this is a very well designed building. It fits in really nice. It's going to take advantage of some excellent views overlooking Rice Marsh. We think the design of the building takes advantage of that. It's going to have split face block and also stucco. When it went to the Planning Commission on July 16th, one of the concerns that they had was the street frontage, when it first came in, a concern about whether or not it had appearance of actually having access from the street because the parking lot was the access to the building. But we believe that that's been corrected and the Planning Commission wanted to make sure that there was street furniture. Had a warm.., on the street and I passed out the revised site plan showing the street furniture. Mayor Mancino: Oh, oh good. Because I wondered if they had made that revision to the rotunda area that the Planning Commission had suggested. City Council Meeting - August 11, 1997 Kate Aanenson: Yeah. And we think that that...the Planning Commission which was off that street. Give it a sense of entry which is obviously what we were trying to achieve with this project. So we believe with the design and the conditions that the Planning Commission had. Mayor Mancino: Excuse us for a minute. Can you be a little more specific and show us where the revision's made Kate. Kate Aanenson: St. Hubert's is over here in this direction. This would be the main street coming up. The plaza. This is the entrance off of that main street and this is the plaza. Kind of the entrance, giving you a sense of entry that they were looking for. Street furniture which is one criteria.., so I'll let Mika go through the architecture itself but we are recommending approval, as did the Planning Commission, as outlined in the staff report. Mayor Mancino: Okay. Thank you very much. Any questions for staff at this point? Is the applicant here and would you like to come up? Vemelle Clayton: Thank you and good evening. My name is Vemelle Clayton and I'm here representing AUSMAR Development, the owner and developer of the property. We have with us Mika Milo, whom I think you all know. This is his first chance to design a building to express what we've been trying to do here in this project and we've had a good time working on it. We like the building and we also have with us Dale Sorenson who is functioning as the project manager, both for the infrastructure and for the buildings that we'll be responsible for. Dale is observing and Mika will talk with you. I'll try to keep your evening as short as possible by not talking anymore about other subjects, or my personal problems if you want to bite your offer, but if you have any questions I'll be happy to answer them. Mika. Mayor Mancino: Thank you very much. Mika Milo: I'm Mika Milo and my pleasure to present this project. Like Vemelle said, that was the first opportunity that we are coming up with the design. We always used to see what the others are doing and criticize. It's always easier to criticize someone else than doing yourself but when we started to work on that building, which is on the southern end of the main street, we had developed an office building on that end just exactly as has been provided in the plan and the PUD and that building on the south end was the only building on the main street that was not very tightly connected to the main street like the other buildings sold all along the main.., which are mostly function really.., related to the street with the parking right in front of them and with the retail shops and the apartments on top. This building is office building and it is on the main street but there is a green space between the building and the street. The street at this point is curving. It's going uphill. There is no parking, but we did I believe as good job as we could under the circumstances to still give a feeling that the street is on the, that the building is on the main street. That is connected and that additional.., and connection between the street and the building. The building main entry however is oriented, or at least the functional entry from the parking in on the back side from the side of the church .... and the building as it has been designed so it fits with this comer.., so we have about 10 feet.., upper parking and the lower parking... By designing that building we have also taken into account a beautiful view from that plateau. It's practically looks like a plateau.., but now you can really see how the main street goes out and the area.., and I think it really nicely comes together... And that building is somewhat also reflected and oriented to that church in terms of overall.., and the flavor. The traditional in design but yet... And now I will show the elevation.., elevation and what you see here is the building that's two story over the garage and the garage entries from that lower end to the south and the building is basically traditional in flavor. Has the main facade with this... I don't have a... to finish the building as City Council Meeting - August 11, 1997 well as the roof which will be a standing seam sheet metal roof with some light greenish, slightly blueish color in it but there is a green color. And the base will be a split face concrete block. The color here doesn't quite reflect. It's more like brownish and I will show you... It will be very smooth and shiny versus the material... Is a deep green tinted glass so you can see through it. It's not reflective glass, except for the area at the comer here where we do have reflective glass due to the fact that the glass goes two stories and covers the floor area as you see the glass so that.., arch opening and window and we knew from the very beginning when we started to work with that, what the... We didn't know what we wanted.., but we don't want to have a suburban office building here. We want to have a building that is not easily.., revealing the purpose immediately. That is the building on the main street that can take almost any function and will take probably over some longer periods of time and so we had no problem with the growth or some other team members saying well.., looks like a hotel building and I said that's exactly what we want. We don't want any office building to be like you see.., it can be any function. A library or anything else but it does work well for the office building itself so that finally.., we have some scheme for what.., much more of the main street building. We have been in touch all along with your planning people here. With Kate and Bob and have with you a couple times. Numerous times actually.., and this is what we are presenting today. The building has.., cupola element on top of it and the rooftop, although.., the church round element that you have a school there... On the south you see the entrance to the garage. This is a garage door here.., there is a very slight change in the elevation from the parking on the south versus the garage. It's just two feet drop so very light drop... This is the other side facing the parking.., on the entrance area.., and the process, you'll notice the main.., are pastel, earth tone light colors of somewhat brownish but the two different tones and the entry is a little darker and the lighter tones for the... On the north side there is a... will be that light beige in color.., with this light beigy color of the wall and then light green with slight tint, blue tint for the roof and then a similar for the glass which is a tinted green and.., for the light reflective glass in the comer. Keep in mind that this is here again to... and so you see the color of the base is a dark brown and then comes this light color of the stucco... Mayor Mancino: Thank you. Any questions for Mika? Councilman Berquist: I think it's a rare thing of beauty but I do have one quick question. With the underground parking you're going to have some big ventilation fans. Is it your intent to put those on the roof or, typically those are located at grade somewhere and there's not a lot of grade? Mika Milo: That is a question that maybe Dale answers regarding the ventilation. Where we are going to put them. Dale Sorenson: Typically we have.., on the north end where the, the initial thought is that we'd end up with... Councilman Berquist: Okay. Mika Milo: It will not be basically to put this... Mayor Mancino: I have a couple questions. First, just overall conceptually. The vertical wall that we're creating. We talked about it being three stories, as it is on main street. Whether it starts at the south, at TH 101 and going north. We're going to be two stories here on this building. Mika, do you see us as we go north going, as we're creating that wallscape, are we going to go up to three stories? Mika Milo: ... here is two story over the garage, right? City Council Meeting - August 11, 1997 Mayor Mancino: Yes. Mika Milo: This basically a two story building. And then as we go north, then that will become a three story building. Mayor Mancino: Three story. And so that the one across the street. Mika Milo: Three story and. Mayor Mancino: And go south. Mika Milo: This one is two story over a garage... Mayor Mancino: And again design wise, the building to the west, you're not seeing or coming back with a design that will be identical to the one on the east? Mika Milo: We don't think that we'll need...that one will not be identical. Mayor Mancino: Okay. Compatible but not identical. Mika Milo: Pardon? Mayor Mancino: Compatible but not identical? ... And when you, elevations. When you, I realized when I stood in the second story of St. Hubert's, in the school part, you really do look, you look down on this office building. It's quite up a ways. Have you thought about, yeah. Kate Aanenson: If you look on the second page of the report, I gave you the range... This office building, the southerly building on the... Mayor Mancino: And it's elevation's pretty low. Kate Aanenson: Right. It's going to be the lowest elevation. Mayor Mancino: So I'm just saying we have to make sure we keep in mind from St. Hubert's what you'll be, because you look down over that parking lot and then you'll be looking down on this building just you know making. Mika Milo: That is a very good point.., and that is why we have a fool roof.., so it really looks like a... Mayor Mancino: So we'll be hiding, we won't see any HVC or anything? Okay. Mika Mila: No, because the roof is at that point above the... HVAC. The HVAC is about 3 to 4 feet high. No chance that somebody except birds and helicopters, but that's a good point, yeah. That's very true that the building is the lowest and... Mayor Mancino: Any other questions from Council members? City Council Meeting - August 11, 1997 Mika Milo: Thank you. Mayor Mancino: Is there anyone else speaking? Is there anyone here tonight that would like to address the Council or make any comments? Have any questions? Okay. Comments from Council members. Any Council members have any comments? Councilman Senn. Councilman Senn: On most of it really none. I'm going to I guess reiterate a concern that I made at the time that the Council passed the allowable building materials. I particularly don't care for the use of these types of building materials in what I would like to see viewed as a long term commercial structures. These are effectively stick construction materials that have never withstood the test of time. The designs are beautiful. They look beautiful. But they no where presents the longevity of brick or other materials that we require in many other businesses in Chanhassen to use so I continue to have my concerns over continuing to allow these types of materials. Mayor Mancino: So can you state more to that? I mean what would you like to see? Would you like to see brick are you saying throughout, you need to be a little more specific. Councilman Senn: Well I'd like, yeah I'd like to see more brick. I mean that's something that we've always held as a high standard and it's something we've always required of, I'm going to say a vast majority of the buildings in the downtown area. I don't, like I say, particularly care for the heavy reliance here on stucco and a minor I'm going to say, I don't know what'd you call it. I mean a very minor accent element at the very bottom being, basically being a concrete block with some texture to it and that's about it. Again, it's real hard to judge one building in relationship to the whole. If this is going to be the pattern I think that's followed throughout the development, I would say I'd have some real big concerns. If this is going to be simply the design of one building and we're going to see some you know fair departures from it in relationship to other buildings, maybe then it becomes a little more acceptable but I just don't consider these to be long term quality materials that are consistent or equivalent to again what we've required of many other people building buildings in Chanhassen on a commercial basis. Mayor Mancino: What is St. Hubert's? It's all brick, isn't it? Kate Aanenson: It's got a mixture. Councilman Senn: Combination of brick and some types of architectural block. Kate Aanenson: It has some stamped brick on the back of the gym, correct. Mayor Mancino: Oh okay. But the cinder block with the rough surface does. Councilman Senn: Doesn't do much for me. I mean we've debated over that even in industrial zones and it's kind of developed as a standard there but at least thus far we haven't set it as a standard in our commercial cores and. Mayor Mancino: In our downtown. Councilman Senn: Yeah. Mayor Mancino: Yeah, in our main downtown. City Council Meeting - August 11, 1997 Councilman Senn: And stuffbut this is effectively. Kate Aanenson: We have a lot of it in downtown. Mayor Mancino: Well we do have it in our downtown right now as it is, but I think that in some of our newer developers that are all brick, we haven't used it and there's a big difference. Well, whether it's the James development. Kate Aanenson: That would be the only one that's not.., otherwise almost every one ofthem's got face block... Councilman Senn: No, they have some Kate and don't get me wrong. I mean I'm not saying they don't have some but I mean I just always find it interesting that, and staff and the Council alike, I mean requires things like Wendy's restaurant and banks and Byerly's and everything else to hold this character and to require all this brick and now we're talking about office buildings and as we have in the past and we just throw those rules out the window. As we have with some other office buildings in downtown. And I just, I don't particularly view throwing those standards and rules that we've tried to maintain out the window as being in my mind good policy, especially when it involves in my mind lower grade building materials. Or lower grade building material construction. That's my opinion. Mayor Mancino: Well I think we have to be more clear. I mean whether that's Eden Prairie who has what, all the buildings have to be 70% brick. Mill brick. Then that might be a standard. You might want to think about that hard. Councilman Senn: Well again, when we talked about this I thought in the first place we, you know we talked about a standard I thought that was going to primarily rely on things like face brick and stone and glass and stuff and then we start talking about other elements from an accent basis. What I'm seeing here is just the opposite. What I'm seeing here is those things we talked about as being effectively accent or effectively now becoming the main building material and that which we wanted as the main building material and may or may not even be becoming the accent so I've got some concerns about that. Mayor Mancino: Councilman Engel. Councilman Engel: Nothing to add. Mayor Mancino: Councilman Berquist. Councilman Berquist: Well Mark's making me think again, which is always dangerous. I'm looking at the building and I see the base band of cut face block, and I'm wondering if his structural, if it's going to be structural metals that provide the framework or is it going to, is the rest of it going to be framed up in wood? I mean we've got a a floor separation that I would suspect is either going to be pre-cast or formed plate. That's going to have to have something substantial to hold it up. Which is it? Will it be a super structure or wood frame? Dale Sorenson: ... structural steel frame with metal studs and... Councilman Berquist: And the drivit will attach to that metal stud. Poured in place or pre-cast? City Council Meeting - August 11, 1997 Dale Sorenson: We've got a system where right now we're looking at... Councilman Berquist: And how long has, what's your thought, Dale would you mind coming up? And I know drivit hasn't been out on the market all that many years. Mayor Mancino: What is it? Councilman Senn: It's stucco. Dale Sorenson: ... I know it's been out for 15 or 20 years. It's been used on the East and West Coasts for at least that long. I don't have personal knowledge of how long of a project it's, you know that duration... Mayor Mancino: Because they don't use it much. Councilman Berquist: Well it's becoming, it's much more prevalent. Mayor Mancino: Because it's getting cheaper. Dale Sorenson: It's used a lot, there's, and I'm not trying to sell anybody on it. But there's been a lot of advance in the product as far as the.., foam and then there's what's called the primus which actually has like fiberglass.., and there's different levels.., on the lower 6 to 8 feet adjacent to traffic on a lot of retail projects. And the claims, and I haven't had any call backs to refute it, is that you know you basically can't penetrate it unless you took a sharp object and ran a car through it or something like that. But normal... it's going to fade like paint would fade but it is... Councilman Berquist: ... the exterior on the, plus it provides an insulating factor. Dale Sorenson: Right. That's one of the things that we liked about it was with the metal studs you've got your... I think I've had projects, I did, I built the Sears at Mall of America and that was a lot of... as I go past Mall of America, it seems to be holding up pretty good.., widely accepted on the East and West Coasts and some southern clients... Councilman Berquist: Purely from a cost point of view? Dale Sorenson: Cost and design flexibility which I think you get the texture, you get more color, you get variation. You can just do more with the in's and out's and relief of the building and playing... Councilman Berquist: I've seen buildings that are made out of block and brick that are being covered with drivit. Dale Sorenson: Yeah. Buildings and building materials go through a life cycle.., funtionality, you know functional... Building materials will go through the same things. I don't want to call it trendy because I don't think this is what I would call a trendy material. It's actually a synthetic or a new use or creative adaptation of stucco which is, you know goes back to the Roman times.., texture feel similar to what was used in those times... City Council Meeting - August 11, 1997 Kate Aanenson: ... we looked at this and the architect at that time, Truman Howell put out the same issues. The reason why they went with the stucco, they had the ability to do forms. Do some interesting architectural relief... We do have a lot of it in the downtown area... Dale Sorenson: Personally I think it's a good material and it's easy to work with and it's effective in giving you the design element that you want there and... Mayor Mancino: It probably doesn't have the perceived aesthetic value that a brick, a real brick does. Part of it is not only structure and the structurability of it, but it is, I mean everything has a different quality level. Aesthetically and perceived. And it seems to... Councilman Senn: Well from an aesthetic standpoint, yeah. I mean as a function of paint which is I thought one of the things we were trying to avoid by in relationship to our criteria we set out. Under, you know to avoid painted surfaces. This is a surface that is going to rely totally upon paint. And you know again I mean, I mean I understand what people are saying. I mean there's the old stucco which is a concrete material. You have the new stucco which drivit is which is nothing more than a synthetic material. It has not withstood the test of time. Especially in a northern climate and you know, I don't know. Is that something we want to gamble on or don't want to gamble on as it relates to where we're going. I don't know. Something you've got to think about. Councilman Berquist: Well the only other, I'll just reiterate the comments that I made before. It's a rare thing of beauty. Mayor Mancino: I'll talk a little bit about the materials, with Mark's point because I do think quality wise materials are very important and I would like to see the base just change from a block, a cinder block to a real brick. I'm fine with the stucco. I wouldn't like to see it throughout the rest of the development used as the prime building material. I'd like to see some brick and some real brick used, etc. and to be the dominant building material. In fact I have a question about, this is not usually one of my questions. About getting into the garage and where the school buses will go. So could you put up the diagram of the parking lot and kind of show me for a minute where the people who work, the employees in the office, how they're going to come into the building and then where the school buses from St. Hubert's will pull up. Kate Aanenson: We don't have that panel. If you want to turn to your top cover sheet. It's of a scale of such that you won't be able to see it. Mayor Mancino: Okay. Well I'm just looking right on this too. The front page. Kate Aanenson: Yep, that's fine. Mayor Mancino: Can I just go up there and point for a minute?... Kate Aanenson: Unload before it goes back. Mayor Mancino: So my question is... figure out the details. You know when they come and unload, I don't know if it's between 8:00 and 9:00. If you have people coming into the office, are they going to be in the way? City Council Meeting - August 11, 1997 Kate Aanenson: ... majority of the people that are working in the office building will go on and park there, their customers, whatever parking in the back. We looked at that, reducing the conflict. The school bus is probably most likely coming back out.., but we want to make sure there's not a conflict. Mayor Mancino: But I'm just wondering if in the morning people can come in that way... Kate Aanenson: Yes, yes, right and that's the intent because that's the underground parking. Correct. Mayor Mancino: I could see that as a conflict. Little kids getting off because it's K through 8. And so if we could just make sure that we've dealt with that and looked at it so that in the future the school doesn't have a problem. Okay, may I have a motion please for approval of the 30,000 square foot office building on Outlot K. Councilman Berquist: I will move approval as detailed within the staff report with the additional condition of number 10. Face brick to be used as lower facing component in lieu of split face block. Mayor Mancino: Is there a second? Councilman Engel: Second. Councilman Berquist moved, Councilman Engel seconded that the City Council approve the proposed 30,000 square foot office building on Outlot K, Village on the Ponds (#97-9 SPR), plans prepared by Milo Architects Group, dated 6/13/97, subject to the following conditions: 1. The property must receive final plat approval prior to the issuance of any building permits. 2. The developer and future site users shall be required to incorporate street/plaza fumiture, planting boxes, public art, bicycle racks, drinking fountains, etc. within the development and on individual site plans. 3. Install irrigation in east parking lot island planting bed. 4. An additional landscape peninsula is required in the eastern parking lot area. 5. Landscape peninsulas less than 10 feet in width must have aeration tubing installed with the trees. 6. Fire Marshal conditions: a. The applicant shall provide hydrants as shown on plan. Minnesota Uniform Fire Code 1991 Section 10.403. b. A 10' clearance space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, US West, Cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. c. No parking fire lane signs and yellow curbing shall be provided. Contact the Chanhassen Fire Marshal or Fire Inspector for exact location of signage and painted curbing. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #06-1991. City Council Meeting - August 11, 1997 d. Install post indicator valve on the water service coming into the building. Contact the Chanhassen Fire Marshal or Fire Inspector for exact location. e. When fire protection including fire apparatus access roads and water supplies for fire protection is required, such protection shall be installed and made serviceable prior to, and during the time of construction. Pursuant to Minnesota Uniform Fire Code 1991 Section 10.502. f. Building must comply with Chanhassen Fire Department Policy regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #29-1992. g. Comply with the Chanhassen Fire Department Policy regarding maximum allowed size of domestic water service on combination domestic/fire sprinkler line. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #36-1994. h. Comply with the Chanhassen Fire Department Policy regarding notes to be included on all site plans. Chanhassen Fire Department/Fire Prevention Policy #04-1991. i. Comply with Chanhassen Fire Department/Fire Prevention Policy regarding fire pre-plans. Chanhassen Fire Department/Fire Prevention Policy #07-1991. j. Comply with Chanhassen Fire Department/Inspections Division Policy regarding water service installation for commercial/industrial buildings. Inspections Division Water Service Installation Policy #34-1993. k. Comply with Chanhassen Fire Department Policy fire sprinkler systems. Chanhassen Fire Department/Fire Prevention Division #40-1995. 1. Comply with Chanhassen Fire Department Policy on labeling of rated fire walls. Chanhassen Fire Department/Fire Prevention Policy #44-1997. m. Comply with Chanhassen Fire Department Policy on fire alarms. Chanhassen Fire Department/Fire Prevention Policy #01-1990. n. Parking lot layout must comply with Building Code requirements for handicap stalls. 8. The applicant shall enter into a Site Plan Agreement and provide the necessary financial guarantees to comply with the conditions of approval. 9. The applicant shall incorporate an entrance on the west side of the building and consider a plaza treatment in the rotunda area. 10. Face brick to be used as lower facing component in lieu of split face block. All voted in favor, except Councilman Senn who opposed and the motion carried 3 to 1. COUNCIL PRESENTATIONS: City Council Meeting - August 11, 1997 DISCUSSION REGARDING CONSTRUCTION AND MAINTENANCE WORKING HOURS, MAYOR MANCINO. Mayor Mancino: This is something that I'd like to just talk about briefly tonight, and really move it to another work session item. And what it has to do with the intent is, our development contracts which state the hours that developers can work, and it's stated very clearly in our development contracts now, is what I've been told a private contract between the City and the developer. It is not something that if a developer south of me works an hour late I can call the Sheriff and have him or her stop them working, because it's not part of our city ordinance. So what I would like to do is marry the times, make sure that we have the times that are in our development contract also in our city ordinance. So that for instance any person, resident, business, I mean anyone in the city, if someone is working past the hours of the development contract, can actually call and ask it to be stopped, because at this point that can't happen. So what was in your packet wasn't quite right. I want it to work in our, under nuisances, it's under Section 13-, let's see. It's under construction maintenance and repair activities and it's 13-3 and what I'd like us to do is have a discussion on it. It's C. So prior to coming to a work session, if we can read that and figure out how to marry the two together. And it's page 727 in our ordinance. And I will have, we can have more complete thinking on it. Councilman Senn: What are you trying to marry together? Mayor Mancino: The development contract that we have with developers, and our noise ordinance. Councilman Senn: Because you cited C, that's where you lost me. Mayor Mancino: Well it's. Councilman Senn: I mean C is simply a statement of non-liability. I mean there's no reason to marry that to anything. It's just simply affirmative statement that you're wanting to add effectively saying the City doesn't have liability. Roger Knutson: L. Councilman Senn: She said C. Mayor Mancino: It's L? Well, what I'm looking in my. Roger Knutson: L of the development contract. That would be L with the development contract. The ordinance by the way, a revised draft ordinance isn't in your packet. Councilman Berquist: Is that... ? Roger Knutson: Yes. Councilman Berquist: I have a hard time with that. Councilman Senn: Well you know from a general. City Council Meeting - August 11, 1997 Mayor Mancino: Well our development contracts now say 7:00 a.m. to 6:00 p.m. on any weekday. And on Saturday it's between 9:00 and 5:00. That's what the development contract says. Our noise. Councilman Senn: But the development contracts have actually said many different things. Mayor Mancino: But that's what they are right now. The noise ordinance that we have here say 7:00 in the morning til 9:00 at night. So those are in conflict with each other. Councilman Senn: But the noise ordinance has a much broader scope and purpose to it than does the construction ordinance. Which the construction ordinance, as I always understood, superceded the noise ordinance as it's related specifically to construction. Am I correct Roger? So. Mayor Mancino: Except that our police officers do not feel that they can enforce the development contract. Roger Knutson: Yeah, I mean the police officers can't issue citations. Arrest someone for violating a contract. Mayor Mancino: So if you're someone who's out on your deck at 7:00 at night with a party and there is construction workers going on, putting in infrastructure, there is no way to have that stopped at this point. And yet they are not in compliance with the development contract. Roger Knutson: It can be stopped. Not the Sheriff's Department. Councilman Senn: Unless you effectively take whatever those provisions are in the development contract and incorporate them into the ordinance, right? Roger Knutson: Correct. Councilman Senn: Which you almost have to do on some kind of, I'm going to say vague and general way because these things differ all the time. Mayor Mancino: Exactly. That's what we have to figure out how to do. Roger Knutson: But they won't be vague and general if you want to enforce them. Councilman Senn: Well I understand that but. Mayor Mancino: But you understand the intent? Councilman Senn: Yeah, I understand the intent Nancy. I guess the only other thing I'd like to see is, I mean I don't get excited about seeing jumping to, you know stop work orders and that sort of thing. I get more excited about seeing putting some teeth behind it in terms of fines and stuff like that that's going to make it an economic consideration, you know rather than a disastrous one. I mean I'm not, I mean I worry a little bit about, how would I say, on sight determinations of stop orders which you know, can cause some rather I'm going to say significant financial, undefined financial problems. Losses, repercussions, whatever. Whereas this structure may be, the intent.., at least is understood and defined and everybody knows what it is. City Council Meeting - August 11, 1997 Mayor Mancino: Well I'd like to be proactive and make it so that everybody knows what it is. So they take the personal responsibility to either stick with it or not but when you come into having to go to the same developer four times, then it gets a little. Councilman Senn: It's kind of like Jet Skis you know. Mayor Mancino: So that is the intent...think about it that way prior to a work session and we can work on this and make it more. Again, it's really, the intent also is for this to be some civility within our city so that developers can develop and work their fair share and time and so that residents can also enjoy their homes and their property. And so that there's this mutual respect that's going on and we make each aware of the other. Councilman Senn: Are we going to set this up for like a work session? Mayor Mancino: Yeah. Councilman Senn: Could we make a second point to this? An unrelated but similar issue of dealing with the hours as it relates to the noise ordinance and the Jet Ski operation then too. Mayor Mancino: And the what? Councilman Senn: Jet Ski operation. Mayor Mancino: Oh sure. That'd be a good idea. Councilman Senn: I've been getting a number of calls on it lately. Again because that's not governed under the current ordinance. Mayor Mancino: That's a good idea. Todd Gerhardt: Can I just ask a question of Charles. Charles, the new language that's in the development contract, what Roger's telling me in GC-12, if they are working outside the construction hours you can fine them up to $500.00. Mayor Mancino: Actually $1,000.00. Todd Gerhardt: That's the second violation. The first violation is $500.00. Is that not what you wanted to see is a monetary fine against them? Charles Folch: Well, my question would be to Roger. How does that affect let's say when a developer does the site improvements, sewer and water and now he's selling off lots to homebuilders. How does that work if the homebuilder is roofing at 9:30 at night... (The audible portion of the tape was poor quality and not all of the discussion could be heard.) Mayor Mancino: ... I can tell you it's as noisy during infrastructure period as it is the home building period. I mean it's no less noisy... City Council Meeting - August 11, 1997 Councilman Senn: I agree. It's complex because you have a lot of... Roger Knutson: ... if it's a builder, you don't have that. Mayor Mancino: Then we'll have to figure out.., it doesn't seem to be getting any better. ADMIN PACKET DISCUSSION: Councilman Senn: I had a number of ones under Admin. Mayor Mancino: Pardon? Councilman Senn: I had a number of ones under Admin if you want to just go through them individually. Mayor Mancino: Sure. Anyone have any questions on the letter to Dan McKay? Triax Midwest Association, the second one. Councilman Senn: I. Mayor Mancino: Okay. I figured your's was Triax Cable. Councilman Senn: Todd, are you handling this? Todd Gerhardt: Yep. Councilman Senn: Okay. The letter we sent out is excellent. It's great. The letter response we got back I'm not going to say somewhat, it's very disappointing. In fact it borders on the absurb. But I was even more intrigued by the second response letter that was from their attorney to one of our citizens. Or I assume it was one of our citizens. I don't even know. I guess I'm not sure who Malcolm MacAlpine is. Councilman Berquist: You're talking about Triax now? Mayor Mancino: Which letter are you talking about? Todd Gerhardt: Malcolm is a resident, and Triax responded to a letter. Councilman Senn: Yeah, I mean it's Triax's legal counsel responding to a letter which as I understood is Malcolm MacAlpine wrote. I don't know where his letter was but. Todd Gerhardt: His letter's in here. Councilman Senn: Where is that? Councilman Berquist: He was told by the City to contact them directly because. Councilman Senn: Where's MacAlpine's letter? Help me out. Mayor Mancino: Towards the back. City Council Meeting - August 11, 1997 Councilman Senn: Well I must have missed it. Councilman Berquist: Right before the Todd Hoffman letter and right after the new CSO letter. Mayor Mancino: Well that's the attorney's letter. Larkin, Hoffman, Daly and Lindgren. Councilman Senn: Yeah. That's the one from the attorney. Maybe it's my packet but I don't have it in my packet. MacAlpine's letter that they're responding to. I'm somewhat at a loss but. Todd Gerhardt: That was in your last packet. Mayor Mancino: He wrote a very articulate letter, yes. I remember that. Councilman Senn: I didn't think it was the same name. I was just curious why there was legal counsel was responding to his letter. But again, I had no basis for. Todd Gerhardt: We may not have received a letter from Mr. MacAlpine. He called me. I probably referred him to... and so she responded in writing. At that time I was supposed to send all customer complaints through Jean and then at the end of July I was told to... Mayor Mancino: Why would they have an attorney handling customer service? Todd Gerhardt: They're going through a transition of. Mayor Mancino: I mean I like attorneys but service delivery... Todd Gerhardt: Paul's been there less than a month and Bob...they cleaned house and. Councilman Senn: Well more importantly can we get, can we effectively get something out from us telling that we have no intention of accepting the response they've given us and we'd like to still know what they intend on an affirmative basis to do about the problem and when they're going to do it. Neither of which they have.., loosely addressed in their letter. Todd Gerhardt: Every time I call down there they love to blame Charles' public improvement projects. Councilman Senn: Charles has had no public improvement projects going on in the primary area I'm getting complaints from for a long time Charles I don't believe. Now down around Mr. Engel's, he might have some but not up... Todd Gerhardt: Well not this year...or off of TH 101. I continue to try to convince them that it's a moisture problem and.., or when we have high humidity.., and they have numerous splices that are... They had a temporary line.., show up with their construction engineer and sit down with Charles and discuss these things. Bill wasn't sure but some of these...that's a possibility. And so we're trying to address those issues. Councilman Senn: But again, that is... and we have some major pockets and problems going on that have absolutely nothing to do with construction. That started long before the storms that came through 2-3 City Council Meeting - August 11, 1997 weeks ago and they've just continued to get worse and... Even since we got the wonderful letter, by the way Saturday, again most.., and their phones, their customer service phones... 4-5 hours trying to get through. Todd Gerhardt: There is the one letter that admits they're having customer service problems and.., but they don't say where the problem is or how they're going to... Councilman Senn: They haven't provided any credits to anybody which.., the other end, or the other side of the coin so to speak. But I think we need to continue to press.., and I think we need to... Todd Gerhardt: I agree. Everytime I get a complaint I call down there and now Bob or Paul will get on the phone and work with... That's still, the outage is the number one problem. They don't seem to know what the problem is. I asked them today, I said mine was out from channel 16 on up. I said how can that happen... Councilman Senn: Our's is 20, well let's see. This weekend it was 26 on up and previously it's always been 23 and up. Todd Gerhardt: We went for a long period...We continue to work with them and... Councilman Berquist: ... alternatives. Todd Gerhardt: Alternatives are.., just to Triax, $500.00 a day. Councilman Senn: Interestingly enough, they just raised their rates in case you didn't know. Councilman Berquist:: What are the alternatives... Councilman Engel: Paragon or something like that. Councilman Senn: Have we called and asked? Have we contacted a neighboring community cable company and asked them if they have interest in bringing service into Chanhassen? Todd Gerhardt: I'd say slim to none but Triax owns all the cable in the right-of-way... I think a homeowner could argue that... I don't think you're going to find a cable company to make that type of investment. Right now they won't even make a capital investment to put cable into residential areas before it's developed... Triax reimburses the developer after it's installed. Before it used to be that... The down side of the dish is that you don't get the local channels. The local broadcast. Two, everybody in the house, if you only have one receiver, everybody in the house has to watch the same channel.., so there is a down side with the dish .... $500.00 a day penalty.., revenue owed them, or not owed to them but they did... Mayor Mancino: Don't they just turn off service? Councilman Engel: ... come pull the cable and box back out... Todd Gerhardt: No, they would take their signal down and you would have you know probably... City Council Meeting - August 11, 1997 Councilman Senn:: So could we make some inquiries to... no but I'm saying to Paragon and some of the other surrounding communities companies that haven't been experiencing these same problems. Can you contact Paragon or whoever else is at our borders and at least ask the question whether they'd be interested in undertaking the discussion.., service into Chanhassen. So we're at least exploring the option rather than just saying they're not there. Mayor Mancino: Who's coming on Wednesday? Waconia and Mound is it? Councilman Berquist: Some other Triax... Todd Gerhardt: ... there's 15 lake communities that combined their resources and hired a manager and... Mayor Mancino: Any other questions in the Admin Section? Councilman Senn: Memo from Philip regarding wake zones. Are we going to pursue discussion of that or something at a work session? Mayor Mancino: He's going to come back with some suggestions for an ordinance. You know establishing a benchmark for each lake and kind of customizing what it is we want to do for each lake. We have had some, I've had some informal discussions with our Public Safety Director about using, deputizing CSO's and using them on weekends and trying to look at a creative way...boat for the City to be able to use and actually enforce the ordinance. So yes, we will. Councilman Senn: At the same time, oh go ahead, I'm sorry Roger. Roger Knutson: We've already drafted the ordinance. It will be on your next agenda. Mayor Mancino: And we may want to have some discussion and add to it as far as you know, how we as a city are going to enforce it. We have limited, Carver County helps out but. Councilman Senn: But that's really the issue. I mean it's not worth taking our time to pass anything if we can't set up some system to enforce it and stuff, because signs are a great statement but.., and go relatively ignored. Mayor Mancino: And having a presence maybe every weekend for a couple hours or whatever that is. Councilman Senn: Okay. If we're going to do that...could we also maybe remind him and get that information in on, that we asked for a couple different times now. One is in terms of the Water Resource money. Where it's been going historically and what lakes and that sort of thing and also the issue of the milfoil... Mayor Mancino: Well, and he's getting that together and that is one thing. If people can call him and give him a date to go over to Lake Minnewashta, remember the Association members were here and we said that we would like to go out on the lake with them. They were going to take us on a boat trip. So if you can call Phil and let him know of some possible dates you can go... I mean that would be the easier for them but it has to be... City Council Meeting - August 11, 1997 Councilman Senn: Well I mean I don't mean, I mean I'm not belittling that but I mean if the issue's to go show us milfoil, I mean I don't need to go out on Lake Minnewashta to see it. I mean it's a prevalent problem in a number of our lakes. I would say if there's someone on the Council who hasn't seen it and would like to get a better understanding of it and what it's doing then maybe, that would make it more simple than trying to get the whole group together. Mayor Mancino: Yes. Whoever can call Phillip but I think we did express that night to the Association that we were interested in what they were doing and how they were doing it. To help us look at the other lakes with him so I do think that we need to each one of us respond either one way or another to let him know. Todd Gerhardt: In the alley news there is reference that the no wake.., at the boat access. But enforcing it is difficult. Mayor Mancino: Is still the issue we're going to deal with... Councilman Senn: Skipping back a couple. If Charles, especially since you're here, the letter from Hennepin County. Basically enclosed for our files is a copy of the application that we submitted. We appreciate your letter of support. I thought we made our letter of support contingent upon us seeing what was being submitted in terms of plans and concepts and stuff which we have yet to even see anything of. Yet now it appears that the application's gone in and our letter of support with it totally ignoring that direction. Charles Folch: The application deadline I believe was the end of July and I believe what our letter to them was, it was contingent and it also highlighted a caveat that once we did see the plans, or preliminary drawings and had, Council had discussion, we reserved the right to rescind our letter of support. So basically they needed to get the application in. From a timing standpoint but you have the right, according to what we put them on notice on, to rescind a letter of support coming up here in the next 30 to 60 days if you are unhappy with the, or progressing with the project plans... Mayor Mancino: Which we haven't seen yet. Charles Folch: Right. Councilman Senn: Okay. Do we have a date yet? Charles Folch: Not yet but I believe they are working on setting up. Mayor Mancino: In August. Charles Folch: Either late August or early September to have Hennepin County come down and meet with the Council. Councilman Senn: Can we push on that? I mean you know, we've published in the front page of the newspaper a month and a half ago that we were having that meeting and people keep wondering where the heck, or what, when it's going to happen. City Council Meeting - August 11, 1997 Mayor Mancino: And the last time Don told us that Mr. Grube was going to have something set up with us and the Eden Prairie City Council by the end of August. Charles Folch: It's my understanding that as of the end of last week, it's my understanding that for the City of Eden Prairie it's a non issue, according to their Council members and so evidentally they don't feel the need to have a joint Council meeting but we will still have Hennepin County and the design consultant engineer and the Chanhassen City Council. That was just information that came out last Thursday or Friday and we'll still have a meeting between Chanhassen and Hennepin County. Councilman Senn: Okay. Councilman Berquist: I saw a memo on that and I can't remember where. Mayor Mancino: And the other thing we made clear in that letter, Councilman Senn was that we regarded TH 101 a higher priority than 212 also for any sort oflSTEA funding. That would be the main issue in that letter. Charles Folch: Right, that's correct. Councilman Senn: Okay. Skipping down a couple more there's a letter from Southwest Corridor Transportation Coalition again. I mean do we, are we part of it? Aren't we part of it? I see we keep paying them money but do we have anybody who's a member? Mayor Mancino: We. Councilman Senn: Are you a member now? Mayor Mancino: I'm on their list. I didn't know I was and in fact I've had to make a couple phone calls because I didn't get noticed of that meeting until a day or two before the meeting. Councilman Senn: So you don't know if you've been appointed to the Board of Directors or not? Mayor Mancino: I'm on the, I'm a member. I'm not a Board of Directors as far as I know. Councilman Senn: That's all there is. Under the By-laws of the organization. There's a Board of Directors effectively that governs what that does and the Board of Directors hopes to replace themselves one way or another even though the underlying concept was that each community have a representative. Councilman Berquist: You're on the mailing list? Mayor Mancino: Yes. And I'm not on the Board of Directors. Councilman Senn: So we don't know if we have a vote in it or whatever. Mayor Mancino: No. I don't know that. Councilman Senn: But we're continuing to fund it. City Council Meeting - August 11, 1997 Mayor Mancino: How much are we funding that for Todd? Todd Gerhardt: I don't remember what the membership fee was. I will check and see. Are we a member and do we have a vote and what, if so... Councilman Senn: That was it. Mayor Mancino: Any other Admin items? Charles Folch: Will you accept one from staff? Mayor Mancino: Yes. Charles Folch: We received a phone call today from Hennepin County dealing with the project on County Road 62, which is at the north end of TH 101 there that they're finishing up. Evidentally the project is behind schedule substantially and they called today to find out from Minnetonka, Eden Prairie and Chanhassen what are our feelings were if they went to about a two week around the clock work schedule. And we basically told them, well you would be severely outside of city ordinance and we didn't think the Council would support it but we'd bring it up to you. We also spoke with the City of Minnetonka and the City of Eden Prairie. The City of Minnetonka's ordinance would allow them to work until 10:00 p.m.. The City of Eden Prairie thought that they might allow them to go until 10:00 p.m. but no around the clock type of situation. And so. Mayor Mancino: Our's allows them to work until 9:00? Charles Folch: The current ordinance allows them to work til 9:00. Mayor Mancino: The current ordinance is like til 9:00. Charles Folch: So, just to bring it up with you. But we've pretty well told them that we've given the information of what our ordinance is and what we wouldn't be recommending to you, if they wanted us to present it to you that we would probably recommend.., based on the proximity of the residents to the project and stuff like that. Mayor Mancino: Plus the fact that Eden Prairie and Minnetonka have already said no to their ordinance, we might as well keep it to our's. Charles Folch: So more of an FYI if you should get any calls. Mayor Mancino: Thank you. Councilman Berquist: So if they don't receive the extension, how long do they expect it to go into the winter? Or will they shut it down sort of completion? Charles Folch: I'm not sure that they necessarily wouldn't complete it yet this fall but it may be where the contractor's behind his completion date. I'm not sure if the completion date is sometime in early fall. Apparently they're, well based on the request of going 24 hours for two weeks, they must be about a month behind. They need to make up roughly 15 hours a day for two weeks. City Council Meeting - August 11, 1997 Mayor Mancino: Is that because of the rains or just? Charles Folch: Yeah. Most of the projects have only had a handful of days that were able to be charged working days on the projects due to the wet weather and such in July. Councilman Senn: If that project cannot finish before fall, that would be fantastic. Mayor Mancino: I don't think it's going to. Councilman Senn: That's what I'm saying. It would be fantastic if it's not completed because at that time TH 101 has to put up with the free flow from 62 with no attention or improvement. Mayor Mancino: Thank you, meeting's adjourned. Mayor Mancino adjourned the meeting at 8:04 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim