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CC Minutes 09-13-2010Chanhassen City Council - September 13, 2010 Mayor Furlong: Moved and seconded. Any discussion on that motion? Hearing none we’ll proceed with the vote. Resolution #2010-78: Councilman Litsey moved, Councilwoman Tjornhom seconded that the City Council adopt the attached resolution apportioning the assessments for PID 25.0262000 (Sever Peterson Parcel). All voted in favor and the motion carried unanimously with a vote of 5 to 0. G. PIONEER PASS, NORTH OF PIONEER TRAIL AT BLUFF CREEK DRIVE, APPLICANT RYLAND HOMES: 1. FINAL PLAT APPROVAL. 2. APPROVAL OF DEVELOPMENT CONTRACT. Todd Gerhardt: Mr. Mayor, City Council members. In the staff report, first page, paragraph 3 under the proposed motion, the development agreement states the City will reimburse the developer. We left that blank here waiting for a number from our consulting engineer and that dollar amount is $13,174.40. The rest of that sentence for the trunk watermain over sizing within Bluff Creek Drive, we also included an up to $51,000 furnish and install a pressure reducing valve within Bluff Creek Drive. If we could include that in the staff report but would not modify the motion. So the motion would stand as written. Mayor Furlong: Okay. Any questions on that? Okay if not is there a motion to adopt, is the staff report referenced in the motion Mr. Gerhardt? Councilman Litsey: Yes. Mayor Furlong: Is it? Todd Gerhardt: Yep. Mayor Furlong: I’m just reading from, okay. Would somebody like to make the motion then? If there’s no discussion. Adopting the resolution of the modified staff report. Councilman Litsey: Sure, I’ll make the motion that the Chanhassen, or the council approves the final plat for the Pioneer Pass. Todd Gerhardt: Development contract. Mayor Furlong: This is item (g)(2). Oh I’m sorry, we’ve got to do the final plat though. We pulled them both off so that’s fine. Let’s start with that. You’re fine. Councilman Litsey: Okay. Mayor Furlong: We pulled (g) off but there’s 1 and 2 and this was referring to 2. 4 Chanhassen City Council - September 13, 2010 Councilman Litsey: Yeah, okay. Yeah we had two here so. Mayor Furlong: Yep, let’s start with the final plat. Thank you. Councilman Litsey: So we’re okay? Okay. The council approves the final plat for Pioneer Pass creating 41 lots, 5 outlots and right-of-way for public streets, plans prepared by James R. Hill Incorporated dated stamped received August 20, 2010 subject to conditions of the staff report as amended here this evening. Mayor Furlong: Okay. Thank you. Do you want to pick up item 2 at the same time? Councilman Litsey: Sure. That the council approve the development contract and the construction plans and specifications for Pioneer Pass conditioned upon the following, the applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $2,878,643.46 and pay a cash fee of $174,896.90 and the applicant’s engineer shall work with the city staff in revising the construction plans to meet city staff standards. Or I mean city standards I should say. Mayor Furlong: Okay, thank you. That’s been moved. Do we have to reference the changes in the staff report at all with that motion or not? Roger Knutson: I think they’re noted in the meeting… Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? So the motion before us is item (g), both 1 and 2. Is that correct? Todd Gerhardt: Yes. Councilman Litsey moved, Councilwoman Tjornhom seconded that the City Council approves the final plat for Pioneer Pass creating 41 lots, 5 outlots and right-of-way for public streets, plans prepared by James R. Hill, Inc., dated stamped received August 20, 2010 and subject to the conditions in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Litsey moved, Councilwoman Tjornhom seconded that the City Council approves the development contract and the construction plans and specifications for Pioneer Pass, conditioned upon the following: 1. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $2,878,643.46 and pay a cash fee of $174,898.90. 5 Chanhassen City Council - September 13, 2010 2. The applicant’s engineer shall work with City staff in revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: MEDICAL ARTS PARKING LOT REHABILITATION PROJECT 10-05: ASSESSMENT HEARING; AWARD CONTRACT; APPROVE ASSESSMENT AGREEMENT. Councilman McDonald: Before you get going on this I will recuse myself from this because I do lease space there so I’ll just go sit and wait for you guys to make your decisions. Mayor Furlong: Okay, thank you. And it’s an unusual situation but I also, not for matters of a conflict of interest for potential for a perceived one in that I’m going to recuse myself from this item as well and ask Councilwoman Tjornhom to take over specifically with regard to the awarding of the contract so have fun. Councilwoman Tjornhom. Yeah, you guys and stay. We leave. Councilman Litsey: We still have a quorum. Barely. Councilwoman Tjornhom: We’ll move onto item 2 and it is, as the Mayor stated, regarding the Medical Arts and Colonial Square parking lot rehabilitation and so I’d like to open it up with a staff report. Paul Oehme: Thank you Councilmember Tjornhom. I’d like to just give a brief overview of the project itself and then talk about the assessment hearing and potential award of the contract. The th parking lot in question is located just north of 78 Street in the downtown district here and just west of Great Plains Boulevard. The parking lot encompasses, majority is used for the Medical th Arts buildings which are shown here. Address of 480 and 470 78 Street. It also includes parking accommodations for a restaurant on the west side of the parking lot and then also included in the project is a mall, strip mall parking lot as well so I’ll get into that discussion a little bit too. The building property owners and tenants have requested the City consider improvements to this parking lot. The parking lot is over 20 years old and we have been keeping up on the maintenance of the parking lot but it has deteriorated to a point where minor maintenance is no longer cost effective. The Colonial Square facility owner/manager is also the owner representative of the Medical Arts facility. Medical Arts buildings as well so he’s requested that his parking lot, which is currently on private property, be included in the improvement contract for the Medical Arts parking lot due to the fact that it’s contiguous with the parking lot that the City currently owns, maintains and also feels that he may get a better product out of the overlay of his parking lot plus cost savings as well. Getting into the larger project as well so the City has reviewed that request and finds it acceptable and we have incorporated that request into our bid package and contracts so. Agreement of maintenance states that the City is responsible owners, the City’s responsible for the maintenance but the, again the owners have petitioned the City for those improvements and any cost associated with 6