CC Minutes 12-14-09Chanhassen City Council – December 14, 2009
discussion or look for a motion. Is there any discussion? If not would somebody like to make a
motion.
Councilwoman Tjornhom: I’ll make the motion.
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: I make the motion the City Council approves the five year street
reconstruction plan, approves the attached resolution and provides preliminary approval for the
issuance of bonds for City Project 10-02.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Ernst: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing
none I’ll proceed with the vote.
Resolution #2009-97: Councilwoman Tjornhom moved, Councilwoman Ernst seconded
that the City Council approves the Five Year Street Reconstruction Plan, approves the
attached Resolution #2009-97 and provides preliminary approval for the issuance of bonds
for City Project 10-02. All voted in favor, except Councilman Litsey who opposed, and the
motion carried with a vote of 4 to 1.
CHANHASSEN TRANSIT STATION, 500 MARKET STREET.
A. PUBLIC HEARING TO CONSIDER VACATION OF DRAINAGE AND UTILITY
EASEMENTS.
Paul Oehme: Thank you Mayor, City Council members. This item is the vacation of drainage
and utility easements for the transit station. These easements are necessary to be vacated prior to
the final plat of the transit site. The easement in question runs east and west from the site and
currently is under where the proposed transit station would be built so a watermain is looped
through this site currently and the sewer is stubbed out to the south side of the dinner theater.
The utilities, the sewer and water have to be relocated for the transit site or the transit station to
be constructed so under this proposal the sewer and water would be relocated to the south into a
city right-of-way, which we would not need an easement for so vacation of the easement shown
here with dedication of new easements that are outside of the plat is recommended. Here’s an
exhibit of what the plat would be like and the utilities would be extended through this area. The
easement that staff is requesting to be filed at the county is shown here, and that’s included in the
resolution, updated resolution that was handed out previously so. At this time there’s no, or at
this time I would stand for questions and would request that a public hearing be opened at this
time too.
Mayor Furlong: Okay, thank you. We’ll deal with each under items under 4 individually, is that
preferred? For the public hearing on this item?
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Chanhassen City Council – December 14, 2009
Paul Oehme: That’s fine.
Mayor Furlong: Okay. Thank you. Any questions for staff on this item before I open the public
hearing? If not, let me open the public hearing and invite all interested parties to come forward
and address the council on the issue relating to the vacation of the drainage and utility easements.
No? Seeing nobody then, without objection we’ll close the public hearing and bring it back to
council for questions or discussion. Or a motion. If there are no questions or discussion would
somebody like to make a motion?
Councilwoman Tjornhom: I’ll make a motion.
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: I make the motion that the City Council is recommended to vacate a
portion of the drainage and utility easement for document #30100 and to vacate the drainage and
utility easement for document #30101 as shown on the survey prepared by Egan, Field and
Nowak. Approval is contingent upon filing the Chanhassen Station final plat and execution of a
temporary construction easement.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: I’ll second.
Mayor Furlong: Motion’s been made and seconded. Any discussion?
Resolution #2009-98:Councilwoman Tjornhom moved, Councilman McDonald seconded
that the City Council vacate a portion of the drainage and utility easement per Document
Number 30100 and vacate the drainage and utility easement per Document Number 30101
as shown on the survey prepared by Egan, Field and Nowak. Approval is contingent upon
filing the Chanhassen Station final plat and execution of a temporary construction
easement. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
B. FINAL PLAT APPROVAL.
Mayor Furlong: Let’s go to a staff report please. Ms. Aanenson. I assume.
Kate Aanenson: Well either one of us can do it. That’s fine.
Paul Oehme: Whatever.
Mayor Furlong: You guys decide.
Paul Oehme: I can try to handle it.
Mayor Furlong: Mr. Oehme.
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Chanhassen City Council – December 14, 2009
Paul Oehme: Yeah the final plat is before you tonight for the transit station. Some minor
modifications have been made over the last month but the staff feels that the plat before you
tonight is consistent with the Findings of Fact and the requirements that were in the final
approval for the transit station, Planning Case 09-18 so.
Kate Aanenson: Maybe I can add to it too.
Paul Oehme: Go ahead.
Kate Aanenson: For the final plat, if you can go to that one slide. We’re only final platting the
lot for the transit station itself at this time. Some of the other agreements that you looked at
before, the fees and the nexus that we collect would be for this transit station, thank you. Lot 1,
Block 2, that was being pointed to. So that’s the one lot being created. Then the other lot being
created is for the right-of-way for the street, and the other lot would be for where we have the
current transit, the, what’s the word I’m looking for? Train depot is on the other lot so those are
the three significant lots that are being created with this plat. The existing dinner theater is going
to sit on the lot and when that property develops in the future will be a time that we look at
extracting fees for development purposes when they come in at a future date and decide what
they want to do. So those are the three significant lots. There are some other outlots that are
being created. That kind of remnant pieces with the Great Plains Boulevard so the plat reflects
the fees that are required when we do a final plat, that’s the time that they’re attached with this
plat which would be for the park and ride itself. So those would be the conditions of approval
for the plat.
Mayor Furlong: So just to clarify then. Looking at the diagram on the staff report, Lot 1, Block
1 the right-of-way on Lot 1, Block 2 are the ones being created tonight. Is Lot 3, Block 1 also
being created?
Kate Aanenson: Yes. Right.
Mayor Furlong: Alright. So what we’re seeing here is what is being created through the plat.
Kate Aanenson: Yes. This will be the recorded plat for all the properties that are involved with
it but the ones that are being developed are the ones that we’re attaching the fees to, which also is
a part of this.
Mayor Furlong: Okay, and the other, any development on the other thoughts would, any fees
associated with those development would occur at the time development occurs.
Kate Aanenson: That’s correct.
Mayor Furlong: At the then current.
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Chanhassen City Council – December 14, 2009
Kate Aanenson: That’s correct. So then the condition that would go with that is, a typical for
the plat. Again these are addressing Lot 1, Block 1 which is a dinner theater lot which would be
those fees. Again the plat being recorded would put all those things in motion for the plat.
Mayor Furlong: Okay. No, sorry.
Kate Aanenson: That’s alright, no. Just all the conditions that would apply. Typically what we
do with the normal site plan, so these tie back to that site plan approval so they’re all bundled
together for Lot 1, Block 1.
Mayor Furlong: They’re all tied?
Kate Aanenson: Yes.
Mayor Furlong: Okay, thank you. Any other questions? For staff on this. This is not required
for a public hearing, is that correct? Is there anyone that would like to make public comment?
Sir, why don’t you come forward. This is relating to the plat?
Fred Reese: Yes, this is related to the crossing which at the Planning Commission meeting I had
addressed at that time. The crossing of the street at Great Plains Boulevard. Over to Lot 1,
Block 1 where the Goddard School is.
Mayor Furlong: Oh I’m sorry, if you could state your name and address.
Fred Reese: Oh, Fred Reese. Yeah. That’s okay, thank you. And wonder if any provisions
have been made for the crossings there. We have seen very much so an increase in pedestrian
crossings there, since the school has been completed because of the continuous flow of the
sidewalks and with the construction of the Southwest Transit station we anticipate an increase in
that. We also anticipate that you know we actually may see families that actually attend the
Goddard School that will be parking at the Southwest Transit and where our concern is, is that is
there going to be a safe way for them to cross Great Plains Boulevard? Okay. To get to
Southwest Metro Transit, and especially with what we already know now and that obviously will
see an increase in pedestrian crossing of that particular road and we just want to make sure that
that is being considered.
Kate Aanenson: Mayor if I can address that. We did point that out at the last meeting when we
went through the preliminary plat. At that time that was an issue that was addressed and we did
have a slide of that and maybe if you can go back to that first slide Paul that shows the overview.
There are currently two crossings in this location. The overall site area, aerial map maybe would
show it Paul. Oh, that’s too small. Too big of a scale. There are two crossings. One is actually
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up on the north end. We go to the middle island piece right at the north, West 78 and Great
Plains Boulevard. There is a crossing there which we believe is a safe one. And currently there
is, where this exits out a crossing where the sidewalk continues across the street on the other side
of Great Plains. If you were to cross mid block here there’s not a sidewalk on the other side so
current, there is crosswalks at both those locations and we did have a map, I apologize at the last
meeting and that so, and reviewing with engineering department we believe that’s the safest and
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Chanhassen City Council – December 14, 2009
the best place to cross. Where we have a controlled intersection where there already is a
crosswalk and you’ve crossing over to a sidewalk over on the other side of the street, so it’s our
intent to work with the dinner theater, then keep the visual cueing of how they should be
continue to crossing in those crosswalks.
Mayor Furlong: There is a sidewalk on the, what would be the south side of the existing Great
Plains?
Kate Aanenson: Yeah and actually it weaves kind of behind the existing businesses there so if
you were to cross in the middle of the block there isn’t a sidewalk on that side so you’d have to
walk to a parking lot so the goal there is to keep it in place where they are and get to the
sidewalk.
Mayor Furlong: Okay. Alright, any questions on that?
Fred Reese: …a comment on that.
Mayor Furlong: Certainly.
Fred Reese: Is there any provisions possibly being made at the crosswalks. Now I’m not sure
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exactly what’s at the corner of West 78 Street and Great Plains Boulevard. If there’s pedestrian
crosswalks.
Kate Aanenson: Yes there is. I’m not sure there’s crosswalks but there’s the depressed, to make
the cross, to get to the middle island there which is really the best place, then you can look again
and then cross so you don’t have to go all the way across. You can stop mid block and then
cross, so that’s really the safest place to cross. That would also include anybody going to Chapel
Hill Academy also so it provides a mechanism for both, so then you’re at your front door. Then
you can cross again to get over to Chapel so really it’s the best control point for that.
Fred Reese: Right, and I understand that but I’ve also seen a lot of crossing at the northern end,
just south of the railroad tracks. At that other crossing and I’m wondering if there should be
some sort of pedestrian crossing light there.
Kate Aanenson: Oh. There is a crosswalk. There’s not a crossing light. There’s a striped
crosswalk.
Fred Reese: Okay. Something that would you know give the pedestrians a way of pressing a
button and safely being able to monitor, you know slow down traffic. Stop traffic. Control the
lights in some way so that they could cross at that location. A lot of pedestrians cross there right
now, okay. And I’m assuming there’s going to be a sidewalk going down towards the Southwest
Metro Transit Station also. So, and we see a lot of crossing there now so there’s going to
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definitively be an increase. So, and just to expect people just to cross at the West 78 Street and
Great Plains Boulevard location would you know, I would say it’d be a little naïve because most
of them, a lot of them cross down by the one down to the south. Not down to the north.
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Chanhassen City Council – December 14, 2009
Kate Aanenson: So if I can your question is, because they can cross, there is a crosswalk. What
you’re saying is you wanted to make it a more controlled access. More functionally.
Fred Reese: Right, more controlled, exactly.
Kate Aanenson: I’m not sure what the lights are on that.
Fred Reese: Something that would control the lights that would allow for pedestrians to cross
there safely, okay. We’re definitively going to see a lot of traffic coming out of the Southwest
Metro Transit, buses. Okay. So on and so forth. Buses do not stop on a dime, okay, and with
pedestrians crossing there, I just, you know we have concern.
Paul Oehme: There is a center median there where there is a safe zone for pedestrians to reside
to make that next crossing of the opposite flow of traffic area so there is a safe zone there. You
know we’d have to look at doing a warrant for that area to justify putting a pedestrian push
button sort of crossing light at that intersection or in that pedestrian crossing. To date I have
never heard of any issues at that intersection. Typically that takes into consideration for those
type of improvements so it’s one thing that we definitely monitor and pedestrian accidents in our
community and make recommendations as you know staff sees fit to the council. Any type of
warrants but to this point in time I don’t know of any warrants that would be made for that type
of a, those type of improvements.
Fred Reese: My whole idea was basically a light control system that would be there specifically
controlled by people who are going to be crossing the street. So in other words those lights
would only be engaged at a time when pedestrians will be crossing the street. Otherwise it
would be a green light.
Paul Oehme: Right, I understand.
Fred Reese: And that’s my you know concept there for that.
Mayor Furlong: And my sense is there that probably the best thing to do is let’s monitor. Let’s
look at what current issues are and once the station is built and complete continue to monitor out
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there and up at West 78 and make sure that we have safe crossings.
Fred Reese: Right. I mean even if at the minimum when the station is built we put up some sort
of sign that says pedestrian crossing. Something like that. Something as simple as that. It
should be low cost.
Mayor Furlong: Okay.
Fred Reese: But yet make people aware.
Mayor Furlong: Okay.
Fred Reese: Thank you.
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Chanhassen City Council – December 14, 2009
Mayor Furlong: Alright, thank you. Any other questions or comments? From the council for
staff, or are there any questions or comments? Any comments on this proposal that’s in front of
us? If not is there a motion relating to approving the final plat with conditions? Councilwoman
Ernst.
Councilwoman Ernst: I make the motion that we adopt the resolution approving final plat for
Chanhassen Transit Station Planning Case 09-18 subject to conditions as specified on pages 11
through 12 of the staff report.
Mayor Furlong: And that would be conditions 1 through 18 I think. As I saw it. Going to pages
11 through 12. Thank you Councilwoman Ernst. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Resolution #2009-100: Councilwoman Ernst moved, Councilwoman Tjornhom seconded
that the City Council adopt the attached resolution approving the final plat for the
Chanhassen Transit Station with the following conditions:
1.Outlot B and Lot 1, Block 2 shall be conveyed to the City.
2.Existing public and private utilities must be encompassed by a ten-foot wide drainage and
utility easement centered over the utility
3.The main drive aisle dimensions to the parking ramp shown on Sheet C200 must be clarified.
4.The parking ramp and surface parking area shall be privately owned and maintained.
5.The sidewalks within Outlot B shall be maintained by SouthWest Transit.
6.The grading plan is incomplete. It must show the existing two-foot contours on the north and
west side of the proposed construction limits. The proposed contours must tie in to the
existing contours.
7.The proposed concrete spillway that would convey runoff from the western 25 to 50 feet of
the parking lot on Lot 1, Block 1 must be eliminated from the design as it would direct runoff
across a sidewalk.
8.The hydrology calculations must be revised to include the drainage area to the north,
particularly the flared end section that discharges approximately 55 feet north of CB B.
9.The developer’s engineer and the City’s engineering consultant must coordinate their
respective designs to ensure that the rate and volume control requirements are met.
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Chanhassen City Council – December 14, 2009
10.Hydraulic calculations must be submitted with the final plat submittals.
11.The developer’s engineer must work with the City’s engineering consultant for the public
street project to ensure that the City’s storm sewer design will be able to accommodate the
runoff from the parking ramp storm sewer.
12.A building permit is required for the proposed retaining wall.
13.It is the developer’s responsibility to coordinate any small utility relocation with the
appropriate utility company.
14.The utility plan must be changed to reflect the following:
a.Show the directional flow arrows on existing and proposed utilities.
b.Adjust the line work so that the proposed storm sewer can be seen on the plan.
c.Show the connection to the existing storm sewer on the southwest corner of the
construction limits.
d.Include a note where the rain leaders connect to the existing storm sewer.
15.Full park fees shall be paid in lieu of parkland dedication and/or trail construction. The fees
shall be collected for Lot 1 Block 1 (1.45 acres) as a condition of approval for Chanhassen
Transit Station. The park fees shall be collected in full at the rate in force upon final plat
submission and approval. The current park and trail fee charge for commercial property is
$12,500 per acre.
16.All plans must be revised to reflect a continuous sidewalk along the north edge of Market
Street.
17.Approval of the subdivision is contingent upon approval of the vacation of the drainage and
utility easement.
18.The executed temporary easement agreement must be submitted before the final plat is
recorded.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
C. APPROVE AMENDMENT TO CONSULTANT CONTRACT FOR ADDITIONAL
FINAL DESIGN PHASE SERVICES.
Paul Oehme: Thank you Mayor. This item is to consider modifying the consultant’s contract for
this project. This project has, I would say dragged on for a lot longer than we had ever
anticipated. The cost incurred by the consultant have been reviewed by staff and staff does
concur with the funds that the consultant is requesting. The main issue or the main cost over
runs for this project have been included in your background but they include several more
meetings with MnDOT and Southwest Transit and local property owners than were ever
anticipated. The federal government staff meetings to review issues with the park and ride
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