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WS 1999 03 29CHANHASSEN CITY COUNCIL WORK SESSION MARCH 29, 1999 Mayor Mancino called the work session to order at 5:30 p.m.. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilwoman Jansen, Councilman Labatt and Councilman Engel. COUNCILMEMBERS ABSENT: Councilman Senn STAFF PRESENT: Karen Engelhardt, Office Manager, Rick Rice, MIS Coordinator, Andrea Poehler of Campbell Knutson PA; and Todd Gerhardt, Acting City Manager. CONSENT AGENDA DISCUSSION: a. Y2K Task Force Discussion Five areas of expertise were defined as being desirable for membership on the task force. Each of the candidates applications/resumes were reviewed to determine which categories they fell under and then prioritized based on individual qualifications. Councilman Senn and Engel were not in attendance, however each had previously submitted their recommendations to Todd Gerhardt and were available for review. The tally from each of the council members were compared and summarized. The City Council will make the appointments at the April 12th meeting. b. Proposed Liquor Ordinance Karen Engelhardt pointed out two areas of concern that she received from liquor license holders. The first was that if the council deleted "exclusive liquor stores" from being eligible for an on-sale intoxicating license, that the High Timber Lounge would no longer be eligible for a license. The High Timber Lounge does not serve any food other than free hors d'ourves and therefore is an exclusive liquor store. Since it was not the council's intent to prevent the High Timber Lounge from being eligible for a license, Andrea Poehler from Campbell Knutson suggested that she work on that section further. The second concern was raised by the Chanhassen Dinner Theatres regarding the section prohibiting nudity as a part of theater productions. The council felt that language could be changed that would allow for this. The council also discussed requiring restaurants to train employees on the legal requirements concerning liquor sales; that all restaurants be required to have gross food sales of at least 50%; and that the city may complete compliance checks. The council will consider this ordinance at a future meeting. c. Beddor Monument City Council Work Session Minutes March 29, 1999 The City Council reviewed the Beddor Monument request in which 7 acres of land and a modern monument would be donated to the City of Chanhassen. The City Council was very appreciative of the request and wanted to pursue the idea with Mr. Beddor. Councilmembers Senn and Engel will schedule a meeting with Mr. Beddor to discuss the matter. d. Eastern Carver County Collaborative Group (verbal) Mayor Mancino updated the City Council on the actions to date with the Eastern Carver County Collaborative Group. Specifically, the group's request for $250,000 in special legislation for the planning and development of the following components: K-5 Elementary School; Arboretum Science Res. Center; Library Learning Center; Outdoor Recreation Space; and Community Multi- use Space. The finance committee will identify and provide an analysis of available financing options for the project at the April 1, 1999 meeting. The work session was adjourned at 6:30 p.m. Submitted by Todd Gerhardt Acting City Manager Prepared by Gina Burmeister Mayor Mancino reconvened the City Council meeting which was continued from March 22, 1999. e. Continuation of TH212 Discussion, Consider Approval of Memorandum of Understanding. Anita Benson: ...issues that can't be addressed until MnDot actually proceeds into a design phase. So tonight we have Evan Green and Scott Sanos here once again. Evan will go over noise issues that were raised at the public open house and also go over the proposed Highway 41, new Highway 41 and after that open it up to any council members who have specific questions remaining and then we'll discuss the Southwest Corridor Transportation Coalition revised Memorandum of Understanding. Bob Lindahl is here representing the Coalition... Mayor Mancino: Okay, thank you very much. Evan, let me just ask you up front. If we needed to have, ! mean Chanhassen doesn't want to take all of your time. ! know how busy you are but if we wanted to have another work session with you on some details, could we do that? Evan Green: Sure. Mayor Mancino: Next month or so. Thank you. Evan Green: As a matter of fact Scott... After the last session we had there, the biggest item out there was the noise issue for us and that usually is the case and some of the questions were, where would we provide the noise abatement and what it would be, that kind of thing. What ! did was went back and asked our noise.., to do some additional studies as far as maybe looking at current noise levels and stuff. They were unable to do that at this time because of priorities but ! did have 2 City Council Work Session Minutes March 29, 1999 a chance to go back and review the indirect source permit. We have some copies of information out there that indicates noise levels that we took in the Chan Hills area when we started the study, and in the Chan Hills area, down around Chanhassen Hills Drive South, in this area, we had what we call a ambient reading of about 54 decibels. Now if you look on that little chart you can see where that's about equal to a level of conversational speech. Now to me that's hard to relate to. ! know it is to everybody else but 55 is what we, is what the Minnesota Pollution Control Agency daytime, or night time standard. Now a night time standard that they use is probably the most difficult one to meet when we do any noise abatement and because it's the period from 6:00 a.m. to 7:00 a.m., actually in the morning. That's when people are supposedly getting out of bed and want it real quiet then. But anyway, in the Chan Hills area and the charts and stuff that we have indicated in our indirect source permit, we are abating the noise in the Chan Hills to 55 decibels. So we're meeting the state daytime standard. The night time standards are 65 decibels. These are all what we call L10 levels. Now that's another term that's probably going to require some explanation but here's the way ! understand it is that those noise levels wouldn't be exceeded 10% of the time. In other words, if you have a L10 or an L50, something like that, there could be 10% of the time that's the way... Mayor Mancino: So you could exceed the 65 decibels 10% of the time. Evan Green: Daytime but we're abating to 55 decibels and we wouldn't probably get near that 65. Now in the Chan Hills area, that was the development that we do have planned abatement. What we show on the layout here is a combination noise wall, berm and we don't have a detailed design but we know that the combination needs to be 15 feet between Lyman and where the old 101 is about 20 feet between old 101 and where the new 101 will be. So some combination of that. Now at the open house ! did have some cross sections on the map showing what the elevations of the berm that's already in there and what we would want to do would be not disturb anything outside of that official map right-of-way line and then do as much mounding as we can and then add appropriate wall on top of the mound. ! don't have with me tonight the number that that would be but the highest the wall would be would be 15 feet in a stretch between Lyman and the existing 101 and... That's Chan Hills. The other area of course is a newer development along here and this plan on Mission Hills here, and ! showed on the map here. You can see how it fits along this ramp that goes to 101. The ramp will provide some shielding and they did do some mounding in the Mission Hills development. They did crowd the right-of-way with that development. The official map right-of-way because when we build a ramp, normally we don't like to keep more than 75 feet of right-of-way and normally if that's the standard, you can see how development squeezes in. Unless you reserve the right-of-way, you're going to lose it. So anyway, what ! did there is, ! do have a couple of cross sections and ! brought them along. Now if these are difficult to understand, what I'd like to do is even with Anita and they're hard to see. ! think she could go over them in more detail with you but let me just show you something here. If you take a cross section on the highway, say down here down by the west end of the development. That's this one ! have on the bottom. The dashed line, and ! know it's hard to see on that but is the existing ground line. Over here where my pencil is, is the ramp. The proposed ramp. I'm going to turn that around. I've got it upside down. Mayor Mancino: Evan, we can't see it very well so. 3 City Council Work Session Minutes March 29, 1999 Evan Green: Okay, let me just tell you this. The building on that cross section is approximately 9... at the elevation. The roadway elevation is about 895. Now what that means is that building elevation is about 15 feet above the roadway. Or the proposed roadway. In between is this little mound that the developer put in with the development. It's about 6 feet high. If we go through and fence, normally a freeway we would put in a fence. A chain link fence. In areas where there's residential buildings and stuff, we would like to possibly put in a solid fence. Give them that extra 6 foot height on the berm that they built. If we did that, the top of the wall would be at 921 and this ramp closest to the building, we'd still have the top of the wall would be 15 feet above the ramp and another 10 feet above the roadway. And the roadway' s, from the building is about 360 or 70 feet away in this particular spot. So what that means to Mission Hills is that they're probably, ! can't give you a number as far as noise but they're probably going to receive equal abatement as far as what Chan Hills has. ! don't think they're going to be at... Again, ! did not have the opportunity to have the noise experts make the prediction but we plan to do that and there's no reason we can't work and make that fit within there. The next section in that area was towards the east end of that development and in relation to the proposed roadway grade, we have a proposed grade of, we're up here at about 923 and we had this fence on top of this...height of protection. And if you recall at the Chan Hills area we were talking about 15 to 20 feet. So that's what we can do with Mission Hills. Fortunately there still is some room there. However, that particular development did push us to the limit as far as the planning. They did try to match in and you can kind of see that on this one section. How that fits with, again the dashed line is the developer put in... The other thing that, well that's enough on Mission Hills ! guess. ! don't see a problem with Mission Hills. North Bay is probably even a little better from that standpoint again. I've got it plotted on this map, and you can see North Bay right up to the right-of-way line and then all the units close to the highway. But fortunately there was about 140 feet of right-of-way reserved which gives you a little room to do something there. Now again here's the cross section. They're hard to read but ! took cross sections in the area and with a 6 foot, I'm calling fencing along the highway because normally we put in a chainlink. They would have, they have an elevation of 899 at one spot. They hit about 23 feet from the base of their house to the top of the fence. The fence, the closest that fence would be to the building there would be. Mayor Mancino: So we would be adding to the existing berm? Evan Green: I would be adding to the existing berm in that case on the west end of the development by about 8 feet. And plus the 6 foot fence and adding on to their berm at the other end about 5 to 6 feet and a 6 foot fence. Yeah, there would be an additional section there. But you can see, and fortunately there was enough right-of-way where there's some room... Mayor Mancino: Okay. And the walls will all be the same throughout the corridor. Have a same aesthetic feel to them. Evan Green: Yeah. At the meeting, ! don't know if you got a chance to stop at that table where we had our aesthetic. He had some handouts there that showed various walls and the one picture had this wooden wall type. Now you'll be able to witness that when they, when we let this next contract in Eden Prairie within a year or two you'll be able to see that type of wall. Mayor Mancino: Okay. City Council Work Session Minutes March 29, 1999 Evan Green: And there's a lot of time between when we would build this to look at that and be able to digest what you think of it. But the way we do walls is that we work through your city staff and neighborhoods and try to make these things fit in as nice as we can. That's the idea behind the coordination with. Mayor Mancino: Okay, thank you. Any questions for Evan. Councilwoman Jansen: ! have one. Evan, when you said, if! understood this correctly. That it would be 23 feet, was it in height from the base of the house to the top of the fence? Evan Green: Yeah, approximately that's. Now you're talking about North Bay now, right? Councilwoman Jansen: Yes. How many feet up is the second story of a house? Evan Green: Well each story's probably 10 feet. The top of the second story probably wouldn't be more than 20 feet. The idea behind the berm, or the wall and stuff is if you went over on this center line, spotted a point 6 feet above the pavement and you drew a line of sight, is that you'd want to be above the one story. The one story to the second story. We won't try to go a third stow... Councilwoman Jansen: Sure. So their second floor bedroom windows should be. Evan Green: Well if they have two floors there, they wouldn't be able to see the. And ! will leave Anita a copy of this to go over that in more detail. If you want to come over and look at it. Councilwoman Jansen: ! actually could see it pretty well on the monitor. Yep, it's clearer on the monitor than it is up on the front there so that's great. Evan Green: What you can do is over here, each grid here is 10 feet. So from this 899, 10 feet is about right here where I'm drawing my pencil. Another 10 feet is up here. Now if you took that point and you tried to draw a straight line over to the source here, and say you're six feet above the proposed grade on this end, you would break the line of sight and that's the idea behind... Councilman Labatt: How about if you're, if! could maybe a second. Just kind of part of their 12 feet like the height of a semi trailer. Evan Green: Okay. Actually the noise comes from... The semi, if you go 12 feet, is that what you're asking me? Councilman Labatt: Yeah. Evan Green: Okay. ! can get right about here. Can you see that on your monitor? Then if you took a line, drew across here like this. You got over to the house way over here. Say a little bit farther. That line of sight is still another 8 feet above or, 8 to 9 feet above that yeah.., when our studies are done they're basically tire noises. City Council Work Session Minutes March 29, 1999 Councilman Labatt: Yeah, I just.., noise but maybe make sure that they wouldn't be watching the rooftops of the semi trucks going by. Mayor Mancino: That strip lighting that they put around the tops of the trucks. You know the chaser lights. Evan Green: Those were the three areas that we heard about on noise abatement. That's what we can do. Fortunately there is some room to do that. The other thing, do you have any other questions on noise? Mayor Mancino: Any other questions from council members? Councilwoman Jansen: I think that was it on noise. Mayor Mancino: Okay, thank you. Evan Green: Oh the other thing, yeah Anita. The 41. Like ! was telling Anita. The document on TH 41 has been approved.., or anything with, you have to... What I've got here is a drawing of 212 at the western edge of Chanhassen. If you follow my pencil up, that's the Chanhassen city limits. Here's the Hesse Farm area and the existing Bluff Creek Drive comes through, follow the point on my pencil through this area. The existing Pioneer Trail, I'll just trace that out through here. Like this and over here and then we finally meet it. Proposed Pioneer Trail is this one here. And then this is green but heavy line, that's what an interchange with a new 41 would look like. If we're extended across the river and built. This is a historical corridor that over the years has been studied. There are some items down on the river bottom that would have to be addressed. ! can't address them now. That would take an environmental impact statement for this whole area. We go through the same process. The real option here is just explaining why Pioneer Trail comes around like this. Now say 41 wasn't in there. You can see Pioneer Trail coming through here. We would still want to straighten that out and design it like we have it in this area to meet the county standards for their roads. And then you could probably, ! don't think you could pull it in any tighter down here. In Chaska they did have this land platted between Audubon Road and your city limits that's now developed and they did pull them out of this area. As down in here. The other part of the proposed right-of-way and that's basically been reserved from this southerly line up to Pioneer Trail here. If41 wasn't there, the question would come up. Would Bluff Creek Drive need to be aligned like this? ! don't know. You could bring it straight across. However, in talking with some of the people that live in that area, their concern was traffic that might want to cut down to the existing.., go to Shakopee through that area and I'm sure that would make a much better route than come up and around and back this way. So this has, that's one advantage that relocating Bluff Creek Drive has. Coming up this way. If 41 wasn't here, could we move this alignment over? ! would say you could probably move it over some. But what we'd want to do would be take a look at what's on each side of the alignment that we currently have before we move it. And that ! would propose we would do that with city staff. That's part of an ongoing process anyway. ! like to think that we wouldn't want to change the limits of the right-of-way. ! think it does a nice job of preserving the gorge area ! think. City Council Work Session Minutes March 29, 1999 Mayor Mancino: But Evan it doesn't look like it if41 goes in. That whole intersection goes through the gorge area. Evan Green: The gorge area, as I understand it, if you look at, see this portion here. There's a creek that runs through this and ! think it kind of runs through this interchange area. Unless I'm. Mayor Mancino: Yeah, according to what we can see here, it runs, ! mean part of our Bluff Creek corridor, whole corridor is through that, what looks like to be the interchange. Evan Green: Yeah. There's no way around it. We do go through that area and if you look where you see the, a lot of dark lines that are, these are contour lines... Of course the closer together they are the steep... Whereas if you start down there by existing 212, ! assume that... And then the report that we got... But that's an area that we'd like to think we will work with the city and preserve as much of that as we can. Councilwoman Jansen: Look around behind you. This is actually the aerial shot. So...these loops are like right in here? Evan Green: Yeah. Probably through here. Councilwoman Jansen: So all of this is happening up on Bridger? Evan Green: No. This is all grading. We would probably look at the gorge and see what we need as far as a crossing here. Whether it be a bridge or a big arch or whatever we need to cross that. That hasn't been determined. That would be a part of our detailed design and just like on Highway 5, ! don't know if you were involved in the Arboretum, 78th Street. Our structures going... Riley and Bluff Creek. And we're crossing them with these big arches. Also included is a pedestrian.., city's trail plan, there's an opportunity to... This is probably out of the old, this is out of the draft ElS isn't it? Yeah. Mayor Mancino: Just my comment is that this is kind of new information so ! think it would be, as far as where the interchange would go for 41, so I'd like to spend a little bit of time. Evan Green: Yeah, we're not asking you to approve anything on 41. Mayor Mancino: Great. Evan Green: ...but on ones that you wanted to see what something might look like because when we go into an environmental impact study, you know how long it takes. It's like 8 year study. Mayor Mancino: Now Audubon goes all the way down to 212. Why wasn't the interchange right there at Audubon because there is so much traffic that comes up south from Chaska and those new subdivisions, etc. It seems to me pretty logically right now the intersection, if it happened on the Audubon intersection down there would work. Evan Green: If you could say you're never going to have a 41 crossing. City Council Work Session Minutes March 29, 1999 Mayor Mancino: Couldn't the new 41 crossing be there? Evan Green: On Audubon? Mayor Mancino: Yeah. Just go straight down Audubon and then across the river. Evan Green: I don't think MnDot would want to invest the amount of money it takes for a new river crossing and come up on an at grade or four lane undivided roadway. Audubon's pretty well developed. But think about it, think about the new 169 crossing. It's a major river crossing. It could go from 100 to 200 for the river crossing. To bring a new road across the river and then tie it into something like that, ! don't think... Mayor Mancino: Couldn't you just widen what's already existing? Evan Green: You could make it a four lane divided freeway type? Mayor Mancino: On the south side of 212 you could make Audubon four lane instead of two lane. And just widen it and then go across the river there versus a whole new road. Evan Green: Well you've got to remember what's along Audubon. Mayor Mancino: Yeah. ! don't know it that well. Evan Green: I'm sure there's a lot more people, like there are in Chan Hills, along Audubon. The last time ! drove down there it was well developed from Pioneer Trail all the way down to English. Mayor Mancino: Well and this is developed on the one side with Hesse Farms so. Evan Green: Yes and that's, like ! say, this is not something that's cast in concrete here. We're not asking you to approve the 41 plan. This is one idea. There were a lot of ideas over the years and it's not an easy problem to solve. If there's a new 41 or river crossing, the demand is for that traffic that's on 169 to get up through to Chanhassen. A lot of the industrial development. There is a demand for that. We'll route 41 and you can see it. Mayor Mancino: No, this is, thank you for showing us this because we hadn't seen it before so now we have a little better idea. Evan Green: Yeah, in the past like ! say, 41 has come and gone because...over the next 20 years so that's kind of, it kind of got dropped as far as planning. Councilwoman Jansen: Well and ! know all the questions around 41 were raised by the residents pondering if we could switch our Powers interchange down to Pioneer Trail and that's when the whole 41 conversation came up so if we ended up doing an either or. If41 is so in doubt, is it something to consider? City Council Work Session Minutes March 29, 1999 Evan Green: I don't think this is the forum for that. I think if you're really serious want to talk about that, ! think you've got to get, somehow get the county involved. It's a county road system. That interchange is going on. And also talk about county road, ! don't think ! could give you an answer. Councilwoman Jansen: Okay. Evan Green: And the other thing ! guess to consider here is again you're talking about the local access doing, could you do away with complete... There'd be all kinds of questions that would come up for you. Mayor Mancino: I understand. Questions? Councilwoman Jansen: Thank you for showing us that. It does help. Evan Green: Public record so. There's, ! know it's new to you but it's been around there a long time. It still could be around a long time ! think because if you drive 41, if you do, ! don't know. You cross the river. You go through Chaska. It's pretty rough. Councilman Labatt: They just widened that, the bridge itself so are they going to widen the whole stretch there? Evan Green: ...but that widening, that was done to facilitate rather than detour the traffic, we could construct the bridge in stages and then we could leave that portion that we did extra widening there, for trails and because they do get snowmobiles and stuff that cross and there's a State trail down there. They did leave that for that widen area for crossing that trail and stuff. Councilman Labatt: So there's no plan to widen the existing 417 Evan Green: The thing with 41, you're crossing through the river valley there and like ! say, that's a major study in itself. There's no easy answer with 41. Councilman Labatt: The only questions ! had were in relation to the homes on Lyman Boulevard and Chan...those drives that are, five homes or so that have actually been built on or near the bridge... Evan Green: Yeah, right where Lake Susan Drive hits Lyman. Councilman Labatt: Right. Some of those residents have...plan for them. The berm is supposed to come down at an angle so the bridge going over 212 and then the berm comes down. Evan Green: Yeah, you're talking about actually on Lyman? Councilman Labatt: Yeah. City Council Work Session Minutes March 29, 1999 Evan Green: That first house on the corner there, that number one. Both Anita and ! have talked to her, together and the plat we had on the.., were not correct. When this area of Chan Hills is replatted...without touching that lot. So that lot, ! don't know exactly what your question is but.., in relation to that lot, Lyman will be higher there on that lot. Is that your question? Councilman Labatt: Well kind of. Evan Green: Now the other. Mayor Mancino: Will the wall make that turn so that, is that what you're asking? Kind of like will the wall make the turn? Councilman Labatt: ...what her comments were from the card that she left us... Anita Benson: Yeah, Heather did do a card and a letter and her request was to know whether or not her property would need to be acquired for right-of-way and there was some confusion as far as on the plat. Her home was done with the third addition and their maps did not show that. But looking at the third addition, it did take into account 212 and the fill that would take place. I've spoken with her, informed her that MnDot would not be acquiring her property and that's really what she wanted, was an answer one way or another. She's going to be doing improvements on her home and just wanted that answer. Councilman Labatt: She has been communicated with? Anita Benson: Correct. Councilman Labatt: Okay. Mayor Mancino: Good, are there any other questions? Thank you Evan. Evan Green: I'd like to have Scott maybe make some comments about our information process and... Mayor Mancino: Okay, thank you. Scott Sanos: Just a couple of comments here at the end. We've had some public hearings, with public involvement with a couple of my projects lately. I'm working on 100 which has been in the works for about 20 years. This project's been in the works for about 40 years... One of the things that we're seeing is the need to have ongoing public involvement and ! guess I'd suggest working with the city and probably do another information meeting like we did last year. Or did last March, or a couple of weeks ago. Do that annually with the city. Actually the cities along the corridor. New residents can be informed as to what's going on and how it impacts them. Perhaps not so much a strong question and answer format as an open house where they can come and look at the layouts. Talk to specific experts about how they're impacted by the project. So we do offer that. The other thing is that a few questions like we got with the Chan Hills development. Making sure that we're continually reviewing the plats as they come in to make 10 City Council Work Session Minutes March 29, 1999 sure that the noise berms are going to meet the height that's required to meet the standards that, with the noise that will be out there when the road does come through and looking at the right-of- way impacts to make sure that somebody doesn't come into a meeting and say that line goes through my house. That's fairly alarming. That was as alarming to me as it was to her ! think. So we're going to be working with that as well and Evan's replacement is coming on board here in about July. Actually brought him on involved in some of the project activities. He's got a lot of history to catch up on in a very short time because Evan is retiring here in September so. Mayor Mancino: Oh, I didn't know that. Scott Sanos: So you'll be working with Larry Goss who has been to some of the meetings and getting him up to speed so that he's involved in the plats and noise and right-of-way issues as well. Mayor Mancino: Evan you can't leave until this project is done. Well thank you Scott. We concur and thank you so much for wanting to participate in the public process and making sure that it's ongoing and we will probably try and meet with the North Bay Homeowners Association to let them know what you've told us tonight and to carry that information on to them. So that's. Scott Sanos: ... any way you need us to as well. Mayor Mancino: Good. That's very, very helpful. Councilwoman Jansen: I'm curious, do you know if Chaska's planning any public meetings? Scott Sanos: Chaska? Councilwoman Jansen: Yeah. Scott Sanos: Of this nature? Not that I know of right offhand. They have had a lot of meetings over the years and Bob's here of course. ! know he could... ! know they've had a very good method of... Bob Lindahl: ...toll road project was really identical to this project... Scott Sanos: I don't know if the city makes any special efforts...to the residents? You did a nice Highway 212 historical thing in... Bob Lindahl: That was last year and... Councilwoman Jansen: Great, thank you. Mayor Mancino: Well getting updates on 5 and 212 and our's is 101, not 41. Any other general questions that any council member has for Evan or Scott at this time? Before we go ahead to the Memorandum of Understanding discussion. Okay. Good. 11 City Council Work Session Minutes March 29, 1999 Anita Benson: Okay as council is aware, Mayor Mancino, Councilwoman Jansen did meet with Fred Corrigan who was representing Bob Lindahl while he was away and did go through the Memorandum of Understanding and removed several recitals that had to do with design issues and concerns as this document is more focused on right-of-way acquisition. MnDot, city staff, ! think we're all very aware that although the design issues and concerns that council has and over the past several months it has been helpful, this whole process, ! know for myself and ! think ! can speak for council members, in getting a basic understanding of what 212 means to the community and how it will affect the residents along the corridor. Residents have had the opportunity to see how it's going to affect them. ! think they really had a lot of good questions. ! believe we've addressed as many of those as we can at this point without going into design. So recognizing the importance of the new Highway 212 to both the city and Carver County, not to mention MnDot's transportation plans, ! would recommend that City Council approve the Memorandum of Understanding they have before them tonight. Mayor Mancino: Okay, thank you. A couple things just to tell council about our meeting and we met for about an hour and it looks as if everything that we talked about at our meeting is carried out in this memorandum. I'd also just like to remind council that December 8th of 1997 the council at that time approved a resolution authorizing loan application and negotiations to purchase property for the right-of-way for Highway 212. And the resolution was written in such, and again this was December 8th of 1997. Whereas Highway 212 has been designated by the Metropolitan Council as part of the metropolitan highway system plan; and Whereas, the City Council has officially mapped the right-of-way for Highway 212; and Whereas, if the City does not acquire the right-of-way at this time, the property will increase in value before highway construction and advance acquisition is also necessary to avert the immediate eminent conversation of property which would jeopardize it's availability for highway construction. Now Therefore, be it resolved by the City Council of the City of Chanhassen: City staff is authorized and directed to submit a loan application to the Metropolitan Council to fund the right-of-way acquisition for Highway 212. City staff and the City Attorney are directed to enter into negotiations with land owners to acquire the right-of-way for Highway 212. Passed and adopted by the Chanhassen City Council this 8th day of December, 1997. Those that voted for it were Mancino, Senn, Mason, Berquist and Mr. Engel, Councilmember Engel was absent. So ! just wanted to also let everyone know that that had happened in December of '97. Councilwoman Jansen: Are those RALF funds then? That that's talking about? Is that what I'm following? So that's identical to what we're basically. Mayor Mancino: Well, this would also be able to use RALF funds or transportation revolving loan fund. Councilwoman Jansen: Okay. 12 City Council Work Session Minutes March 29, 1999 Mayor Mancino: So it would be you know whichever fund has money available to purchase right-of-way. ! don't think this limits it to either fund because RALF funds has a limited amount of money. Councilwoman Jansen: Mayor Mancino: No. So that doesn't affect anything we're doing tonight? Just to say that it had been passed in '97. That was to give you a historical update on what we had done in December of '97. So with that discussion, any questions on the Memorandum as it is? Then may ! have a motion please? Councilman Engel: Move approval of the Memorandum of Understanding. Mayor Mancino: And is there a second? I'll second it. Councilman Engel moved, Mayor Mancino seconded to approve the Memorandum of Understanding for Trunk Highway 212. All voted in favor and the motion carried unanimously. Mayor Mancino adjourned the special City Council meeting. Submitted by Todd Gerhardt Acting City Manager Prepared by Nann Opheim Submitted by Todd Gerhardt Acting City Manager Prepared by Gina Burmeister 13