Loading...
CC Minutes 01-28-2013Chanhassen City Council — January 28, 2013 were not included, and Mr. Oehme I guess at that point we would certainly look to your thoughts and opinions as to best course of action and for the reasons that you see most appropriate so with that I am comfortable moving forward, as we have discussed this evening and would certainly entertain a motion at this time. Councilman Laufenburger. Councilman Laufenburger: Mr. Mayor, I move that. Mayor Furlong: Oh, you can second it if you want to. Councilman McDonald: I'll second it. Mayor Furlong: Why don't we have him make it first and then you can second it. It's a point of order thing. Councilman Laufenburger: Thank you Mr. Mayor. I move that the City Council orders preparation of plans and specifications for the 2013 Street Improvement Project 13 -10 -2 Melody Hill area. Councilman McDonald: I'll second. Mayor Furlong: Mr. McDonald, thank you. Motion's been made and seconded. And I think that's with the understanding of the additional information that we've requested. Any thoughts or comments or discussion on the motion? I will have one comment because I forgot to say it, thank you to the residents that came this evening and spoke to us. For those that sent the emails with their questions and thank you to staff for getting us those comments as well. There were some others in the packet and for everybody that came out to the open house, we appreciate you coming and getting involved and helping whatever happens here or doesn't happen here, make sure that it's the right thing to do. So with that if there's no other comments, we'll proceed with the vote. Resolution #2013 -05: Councilman Laufenburger moved, Councilman McDonald seconded that the City Council orders the preparation of plans and specifications for the 2013 Street Improvement Project 13 -01 -2, Melody Hill area. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PRESERVE AT RICE LARK, LOCATED SOUTH OF WEST 86 STREET, APPLICANT: JOHN KNOBLAUCH: REQUEST FOR CONCEPT PLANNED UNIT DEVELOPMENT (PUD) FOR A 15 LOT SINGLE FAMILY DEVELOPMENT ON 13.2 ACRES OF PROPERTY CURRENTLY ZONED RSF- SINGLE FAMILY RESIDENTIAL AND R4 -MIXED LOW DENSITY RESIDENTIAL. Kate Aanenson: Thank you Mayor, members of the City Council. The application, as you mentioned is from Mr. Knoblauch. Preserve at Rice Marsh. This item, the applicant did hold a neighborhood meeting back in January 12 and then on Tuesday, January 15' the Planning Commission held a public hearing. This is our second experience in our new revised PUD process. As we go through it we did a detailed report as we do to again to set the course of action not only for what the staff will be reviewing but also to put the applicant on notice of the regulatory things that they must follow to go through that. Again the PUD concept has no legal standing but again in good faith we're trying to give the direction to the applicant to the right course of action. As his application was submitted has gone through several iterations and I think we finally arrived at what we believe, the staff believes is the right course. At the Planning Commission hearing on January 15 they also concurred that they think the direction that we're going to recommend, had recommended is also the right course and while there's a lot of details in the staff report, I'll go through the power point I think to kind of explain kind of the history of this property. 30 Chanhassen City Council — January 28, 2013 So again this property gets access off of West 86 Street. This property here. The Mission Hills piece was actually guided for mixed use and this property here is still vacant but the access then would come through the Mission Hills, which is a medium density. Mayor Furlong: Excuse me Ms. Aanenson, are you looking at something on your screen? Kate Aanenson: Oh I'm sorry. Paul turned it off. I'm sorry, Paul turned it off. Thank you. Mayor Furlong: Now it'll be easier for us to follow. Kate Aanenson: That's right, I'm looking at something. Mayor Furlong: Yeah, and I'm sure it was exactly what you were talking about. Kate Aanenson: Paul and I need to work out our buddy system. So anyway so yeah, we get so this property is vacant and then coming off of West 86 Street getting access to the property so this piece is actually surrounded by a couple different land uses. We've got large lot coming off of Tigua Lane and then also the Marsh Glen neighborhood that comes, has direct access with a right out onto 101. So this area was able to develop before we did the realignment of 101 so all access was gained there and some of it's changed now with the 212, and I'll go through that in a minute. Existing land use is actually guided for low density and the low density allows for 1 to 4 units an acre. And the zoning on the site is actually dual guided. Dual zones. Actually it's low density, so that would allow twinhomes and then single family residential for single family development. The complexity comes in on this piece of property, this site looking at it in 2005 prior to 212 being built. You can see the Mission Hills was put in place. The large lots on Tigua were in place and then the Marsh Glen neighborhood. This was all one piece with the original farmstead here and then you see with the development of the 212 it actually moved that property and cut it in half. So you ended up with the parcel split as such so now you have this piece. The pedimus to this piece are that the existing conditions are that the parcel, you know the 212 segment. What you could have balanced on the site was less, with less flexibility. It's within the shoreland district of Rice Marsh Lake which is 1,000 feet. While it's not riparian lots it does still fall within the shoreland district. There are wetlands on the site, which you can see here. And then just to point out again the DNR has jurisdiction over the, for doing a PUD and our ordinance just for the PUD section of the shoreland regs would go through the DNR so whatever approval we would give is still subject to their jurisdictional review. This is a buildable parcel. Access would be gained via West 86 Street. There was residents at the Planning Commission meeting and we did attach some of their emails that came through that were concerned about this and the layout as proposed, we didn't spend a lot of time reviewing the layout, and I'll go through that in a minute but really the goal here is to decide what the appropriate course of action would be. The closest home, proposed home on this proposed plat would be within 250 feet of the closest home here or the existing home here. So this is all a buildable area. Access would come through this wetland. Some of the neighbors at the Planning Commission asked that the road be moved over but that impacts the wetland more. We're actually kind of going through the existing part of the property that there's a conveyance. The issue with the low density zoning district, as our ordinance moved forward, it's more prescriptive in the minimum lot size and the minimum lot width so because the applicant is desiring to do a low density development, as you can see here. So with the shoreland district, low density is prescriptive in the lot width requirements and so in order to accommodate the single family detached, what we do believe is, what the applicant wants to do and we do believe is a desirable use for this site as opposed to the twinhomes, that we would have to actually upzone the property. Go to a medium density to allow the flexibility of the minimum lot size and still stay within that range. And having said that, you have to meet the minimum 4 units an acre in order to qualify for that so that would mean to get to the 16 homes, which we believe can be accomplished. 31 Chanhassen City Council — January 28, 2013 Mayor Furlong: Ms. Aanenson? Kate Aanenson: Yes. Mayor Furlong: Question for you on the, if you go back to the last slide. What's that shaded area? Kate Aanenson: I'm sorry, I'm going the other way. Mayor Furlong: Other way. Kate Aanenson: Can you move it back? One more. Go the other way. Mayor Furlong: Yeah, the shaded area there, you said that's the. Kate Aanenson: That's the shoreland district. Mayor Furlong: Shoreline district. And what's the distance, is that the distance from the shore of the lake? Kate Aanenson: 1,000 feet from the ordinary high water mark. Mayor Furlong: 1,000 feet, so that's quite a distance Kate Aanenson: Yep. Yeah, there's actually tiers within the, the first tier within the shoreland district doesn't fall on this property. The first tier would be somewhere in this area here. The way the DNR has the shoreland regs set up under that is their goal is to try to transfer that density. Our ordinance under the low density can't accommodate that. Mayor Furlong: Can or cannot? Kate Aanenson: Cannot. We don't have that tool put in place the way our ordinance, the rules that we have in place in our low density single family which is why we're recommending going to the medium density zoning district. Did I answer that question? Mayor Furlong: Nope and that's fine. Let's keep going. I'll have other questions after. Kate Aanenson: So again when we're looking at the zoning district and what would be appropriate application we always ask the developer what's their desire for housing on the site to make sure it can accommodate because our goal is always to make sure, when we have a resident on a piece of property that the lot size is big enough to accommodate needs in the future, whether it be a patio. Some additional things that they may want to put out in their yard. A storage barn or the like, we want to make sure the lots are big enough. In this circumstance the applicant is a little bit challenged on some of those and that's where we want to make sure, we didn't give a lot of review to the proposed site plan because we believe that moderations or modifications can be made going to lower density which allow a little bit smaller lot size. For example in the PUD would allow for the 50 foot right -of -way. As such so this area here would be, this right -of -way would be 50 feet. It also allows for the 5 and the 10 foot side yard setbacks, which we have used in other medium density, and then allowing the lots to go smaller. There is no minimum lot size but would be dictated by the home size that the applicant has demonstrated so while we haven't actually done through the details on all of these lots, we do believe that these 16 lots can be accommodated with modifications. Again this isn't showing you the wetland buffer. We do allow averaging for the buffering. There is some anomalies on the site. And while you showed this colored 32 Chanhassen City Council — January 28, 2013 drawing, I just want to show it for the illustrative showing the wetland and the buffering. These can be averaged to make sure that we do have enough lot area but that's the goal we want to make sure a future resident has a big enough lot area to accommodate future needs for expansion and livability of their site. Mayor Furlong: Could you expound upon that a little bit? Kate Aanenson: Sure. You have a building envelope on every lot. The PUD allows you to take, to accommodate some of this other open space to, for your green space area. But having said that you still need to have a building envelope that allows some expansion, whether it be a deck, a yard barn, a swing set, a dog run, those sort of things that you're outside of the buffer wetland requirement setbacks. Again that would be under the DNR's jurisdiction to find where those are but based on our ordinance we can average some of this buffering to make that work. Again the goal, trying to match both goals, what we believe for the land use, which we said before, low density. It meets that but because our PUD ordinance doesn't match the DNR regulations we need to change it to a medium density. Still allowing for that single family and the low end of the medium density, as I mentioned before, is 4 units an acre and that would accomplish this and we have to stay within that 4, which also under the low density the highest you would go is 4 so we're still at that 4 units an acre. Again 50% of the site pretty much would be left in open space and would accommodate that. We did put in the staff report other things that would need to be accomplished with this project would also include a sound wall along Highway 5. Councilman Laufenburger: 212. Kate Aanenson: Excuse me, 212. Thank you. And then the trail connection. Yeah, that'd be a long ways away. Yeah. So again trying to match the developer's goals and what the City had originally envisioned on this which was a lower density single family, taking into account the separation of this property by 212 and to allow for that so we would, we had recommended going to the medium density. The concern that I think we talked about and shoreland staff, what if this project went away. Would you want townhouses on there if you went with the medium density so we could always go back and go with dual guiding which would say low or medium if this project did go away for whatever reasons. If another project came back that would give you discretion of what land use you would want to pick so again we believe under that PUD, you know the goal of the developer was you know trying to do a single family detached. The City's goal is to save as many natural features on the site and following regulations with the DNR. Again we have the discretion, the City has the discretion to amend the Comprehensive Plan. We're still within that 4 units an acre, following with that single family detached we believe that meets that what we're doing is trying to find the mechanism, the tool, the right track to allow this project to proceed. So with that I'd be happy to answer any questions you have but we are recommending that the process would be then if you give some direction the developer would then come back through. It does require a land use amendment. Would have to come back through another public hearing. Meeting all the requirements of the City's zoning ordinance, the DNR regulations, etc. Mayor Furlong: Okay, thank you. Questions for staff. Mr. McDonald. Councilman McDonald: Okay I have a really dumb question but I've got to ask it. Can you put that map back up there that shows the development again? Yeah, I think it's back. Yep, that one. Okay you said that the DNR has some control over this because of shoreline and everything but yet where that's located there's already houses above it. Why would, what's the problem because? Kate Aanenson: Can you go back to the shoreland, go back one more. It's this one right here. Yeah, the shoreland district itself when you're doing a PUD, they have jurisdiction. We have a shoreland ordinance in our code. We do it for the PUD within the shoreland district they felt that we didn't address it so they're within 1,000 feet of Rice Marsh, which is where this line here is. There's jurisdiction by the DNR 33 Chanhassen City Council — January 28, 2013 with what happens in there and really their goal under that is really to transfer things out and so if it was their goal it would be more of a multi - family potential project and outside that first tier, which they're outside of but they would cluster that. Mayor Furlong: When you say, they would like development outside of the shaded area? Kate Aanenson: Every tier you go outside of you can transfer density, which is what we're doing. We're keeping it at a lower scale so we're meeting those criteria by making the smaller lots, and that's their goal is to have more in preservation. Councilman McDonald: Okay so we're putting more units per acre. Kate Aanenson: We're really not. We're actually doing the same project the developer had, we just have to up zone it because our ordinance under the low density is prescriptive as far as 90 foot of frontage, 15,000 square feet. In the medium density our ordinance allows you to go to, there's the freedom to decide what lot size you need so what we ask the applicant to say is, what house size were you doing? We want to make sure the lot matches the desired house size and that we have a reasonable lot size to match the house and what a resident's expectations would be. Councilman McDonald: Okay, and that would come in with the 25% impervious surface to make sure. Kate Aanenson: Yep, it's actually would be 30% but you can account for that with all of the other, that's the other thing with the PUD, what's being preserved in the upland area. Anything else that would be in the upland area which there is some areas that are left out would be counted towards that. Councilman McDonald: Okay, and then because this is within 1,000 feet and the other developments also, what problems did we have with those developments? Was there anything special that happened there with the? Kate Aanenson: It only comes into place when you're doing this, in this circumstance, the PUD Councilman McDonald: Oh okay. So it didn't come into effect in the other developments. Kate Aanenson: Yes, if we go back and look what we did on the south side of the Lennar project on Lake Riley, those first lots that were adjacent to Lake Riley actually fell within the shoreland district there. They did an RLM zoning district. What the RLM says you also have to preserve something so they created a park and they also preserved some additional property in order to accommodate or to secure the RLM zoning district? They met the intent of our ordinance which is what this property is trying to do. Councilman McDonald: Okay, and then. Kate Aanenson: So what they did then is those lots that fell within the shoreland district, by that zoning district had to meet the 90 foot of frontage and 15,000 square feet. Then the rest of the lots could go smaller under the RLM zoning district. In this circumstance, because the street right -of -way, we want to try to pinch that through the wetlands and some of those other things under the PUD ordinance which this allows us to do, to get the 50 foot of right -of -way, our ordinance allows you to go to a 5 and 10 foot setback on the sides and also a 25 foot front yard setbacks so it's built in the flexibility, which we've applied in other zoning districts to make it buildable so what we've done is created a zoning district to still get the same product that the applicant wanted. A 16 lot subdivision. Councilman McDonald: Okay 34 Chanhassen City Council — January 28, 2013 Todd Gerhardt: Mayor, council, as you look at this slide, don't look at it as wherever it's shaded light green you can't develop in that area. What the shading is telling you, anything within that area has to follow the shoreland district regulations so you can still develop. You can put homes in there. You just need to meet the setbacks that were established in that shoreland district. It's not that you can't develop in that area, you just need to meet those requirements and that's where Kate will show you the slide with the multi - colors shows you those different setbacks. Kate Aanenson: Right. So those are the buffer areas around the wetlands and so you can see, again this isn't the project that's going. We've seen numerous iterations so I don't want anybody to be hung up on any particular project. It's going to meet our ordinance but this is just for illustrative purposes to show you that some of these lots have bigger rear yards. Some of them have less so you can average some of the buffering which our ordinance allows but what we're recommending and challenging is that we want to make sure those lots work and provide adequate rear yards for somebody into the future, which we believe through the tweaking of the development, oops. As shown here on this one. This one has 16 with some minor tweaks to this one we believe that project will meet the original intent to get 16 lots. We just needed to change the, the zoning on it. In order to change the zoning we needed to change the land use designation. Councilman McDonald: Okay so impervious surface then, because it's a PUD, we can average that across the entire development. Kate Aanenson: Exactly. Todd Gerhardt: And Mayor, council, that would allow each of the lots to put a deck in the back yard. If somebody wanted to put an accessory building in the back yard. A pool, we'd have to work with. That's going to be a little tough. Councilman McDonald: It'd fill itself Todd Gerhardt: Yeah, and but from staff's perspective you could do this under a single family development. If you went with a twin home development, more than likely you probably wouldn't see the accessory buildings in the back yard. You don't see the variety in decks or play structures usually with a twin home development and your setbacks are a little different with twin homes. You probably see more density here than what's being proposed with the twin home so staff is asking for direction from council if they prefer to see single family development versus more of a twin home, townhouse type. Mayor Furlong: Okay. Councilman McDonald: Thank you for answering the question. At least that explained that part of it so thank you. Mayor Furlong: Thank you. Any other questions for staff at this time? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate, could you talk a little bit about why the road is in this, or why the access point off 86 is here versus what appears to be a shorter distance. Mayor Furlong: Off the curve? Councilman Laufenburger: Yeah, off the curve where the red car is. 35 Chanhassen City Council — January 28, 2013 Kate Aanenson: Sure. Councilman Laufenburger: Can you just speak to that a little bit Kate Aanenson: Yes, in reviewing that, you're coming through a larger segment of the wetland. All this area here is actual, is wetland. Coming through here you're actually coming through an area that's not a wetland so less impacts to the wetland. Councilman Laufenburger: So it would impact the wetland less? Kate Aanenson: That's correct. Councilman Laufenburger: So there would still be wetland adjustments that would have to be made, is that correct? Kate Aanenson: Yes, right. And what we're recommending and the feedback we've got from the DNR is the only impacts to this site for wetlands would be for the road itself and that would be one place and then maybe up in here would be the only other place would be impacts to wetlands for roads. A cul -de -sac. Councilman Laufenburger: Okay. The second question relates to the DNR. The way you explained it earlier on you said that the DNR kind of has trumping authority over this. Can you just explain that a little bit. What jurisdiction, if the council says yep, this looks like a pretty good plan with this concept PUD. Let's go to the next step. What role does the DNR play and what could, how might they act? Kate Aanenson: Good question. As with any other project we always send it out for jurisdictional review. Whether it would be, under this circumstance MnDOT because it's adjacent to 212. And then because our PUD ordinance is, doesn't address some of these issues with the single family part of it, the DNR does have jurisdiction on that and under the shoreland regulations so when we get a project that, meets our city ordinance then we'll send it out. When it comes in for an application for jurisdictional review. At the same time we would send it up to the Met Council for, get their comments on a land use amendment. Councilman Laufenburger: Okay, and do we have any history of what happens when we submit these for other jurisdictional review? Kate Aanenson: Yes, we've actually sat down, well actually we've had numerous phone conversations to make sure that we're in alignment. We don't want to go down a course of action that we believe is not going to go anywhere so we believe that we're meeting the intent of what the DNR is trying to do and we also believe that the land use amendment is keeping with the spirit of the underlying zoning district that we had before which is single family detached housing. Councilman Laufenburger: Okay, thank you Kate. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions? If not, Mr. Knoblauch, the applicant is here this evening. Good evening Mr. Knoblauch. John Knoblauch: Good evening Mayor, council. I'm John Knoblauch, 1450 Knob Hill Lane, Chanhassen, Minnesota. Proposing a 16 lot development on the Klingelhutz parcel north of 212. This, can we go back to the other drawing there with the, this is the most recent sketch if you will that we've come up with. My engineer, this is the actually the eleventh drawing that he's made. We've actually been, had 6 different small, short meetings with Terry from engineering staff to try to address these 36 Chanhassen City Council — January 28, 2013 wetlands and buffers as best as possible to present a plan that will meet or exceed any ordinances or DNR issues. We think this recent drawing is a very nice drawing for single family for this parcel. It addresses, the lot sizes in this drawing are all over 10,000 square feet. Right now in Shakopee I've been building on 8,900 to 9,400 with this same house plan. This drawing also does show 8 foot setbacks on the garage side instead of 5. I'm really not a big fan of 5 foot garage side yard setbacks. Just for getting your mower into the back yard. If you have any edging or anything like that. I don't foresee this property, I definitely would develop some pretty serious covenants for these neighbors and address issues like possible pools. I don't see problems with these homes, I don't this price range probably not going to see a lot of pool issues I don't think but as far as decks, we have drawn some decks on these proposed house pads. We are definitely seeing smaller decks in the marketplace right now. Basically a grilling deck, some chairs and so forth. We're not seeing the monster decks of the 80's and 70's on the back of homes. A lot of decks people prefer them actually now not blocking windows in the back of the homes. We're doing a lot of decks behind the garage which has become very popular so people have better view out the back. I do plan to, I know that there'll be a landscaping plan in the event that this concept plan came forward down the line in front of your desks but I am proposing a tree plan that will be very extensive. There's a number of cedar trees east of the tree line in the middle of the property that I would propose to hopefully be able to be moved. I think there's about 30 or 40 of them. We'd like to heavily tree the perimeter. This whole property. And obviously along MnDOT's or the property line that abuts MnDOT's line. Also leave the open space to the east, which would be a nice setting in the back of the homes to the end of the cul -de -sac. And as far as the buffers go, yeah we would definitely be looking at some kind of wildflower plantings in all the buffer areas and feel that we can address that with the homeowners to make sure there's obviously signage restrictions and to keep people out of those areas. So we're asking for you to look hard at this medium density proposal. This property's 13.2 acres. We're only proposing 4, is it 4? Kate Aanenson: Yeah, less than half John Knoblauch: Yeah, less than half to go into development for these lots and feel it's the best use for this parcel. Thank you. Mayor Furlong: Okay, thank you. Questions for Mr. Knoblauch. Mr. McDonald. Councilman McDonald: Ms. Aanenson mentioned something way back when about a sound wall. What are you proposing to put up? Similar to what MnDOT put up you know for the rest of the development or something else? John Knoblauch: Yeah, right now to the southwest corner of this parcel the townhome sound wall ends right at the property line. It's a, and it's about a 7 foot tall for maybe 20 -30 feet at that point. We're proposing from, to connect to that and have an 8 foot sound wall on top of the berms. There's two berms. Very, very large berm that's on the south side and then those, the treed berm to the southeast. We're propose an 8 foot sound wall across both those berms. Unfortunately we've got a pretty deep hole where that one wetland area touches. It doesn't actually a wetland area. It doesn't go into MnDOT property very much. Unfortunately there would be about a 20 foot sound wall to patch that hole and connect the two berms. And we are proposing that that would be straight across hopefully as long as MnDOT would allow that. I've been told by one of the MnDOT staff they would allow up to 20 feet there. Councilman McDonald: Okay, so the wall would be 20 feet high at that one spot. John Knoblauch: It's about 60 feet, 20 feet wide. Or 20 feet high and then it's 1,150 foot wall from tip to tip. And there's about 60 feet of it only that would be the high wall. Most of it would be that 8 foot. Now we haven't done a formal, well there was a preliminary noise study done by a previous, well actually I don't think they went to, they didn't get an, they actually did some previous studies last year on this and 37 Chanhassen City Council — January 28, 2013 they were proposing a 6 foot wall which put the top of the walls at about 3 feet below soffit heights of those homes. We've actually checked a lot of elevations out there to make sure because I developed, I built some homes in Shakopee and to my dismay the developer did not put in a sound wall and it was incredibly disappointing and so we had a lot of sound problems. We were on the south side of the road, which is even worst when you got the wind direction, our dominant winds coming from the northwest. This parcel being on the north side will help but the 8 foot wall will definitely work well. The berm and the 8 foot wall, we'll have a 921, I'm sorry 923 elevation and the pond, the bottom of that pond to the right is at 896 so we feel that we give a lot of noise protection to the whole area, not just these homes. Councilman McDonald: So you'll have a consistent height then tying in with the sound wall that's by the townhomes and everything going across. And will that be at the same height as that other wall or will it be a couple feet below it? John Knoblauch: The existing townhome wall right now where we have connected is at 7 foot for maybe 20 feet. Then it goes to 8 and then it gets higher but they're not on quite as much a berm as this berm that was built here so. Kate Aanenson: If I may, they're going to do a noise study. We've got one kind of and so we'll look at that. Whether or not it needs to be a certain height in certain areas. We'll look at that. There's ways to modify it. We had to do it on the other side of the with the Lennar project on Reflections. There was some modification made there so we'll look at that to see what needs to be done to make it work and there might be some flexibility in certain parts but again the goal is to provide the noise mitigation, which is what Mr. Knoblauch wants to do so. John Knoblauch: Yeah I would mention that Lennar cut their wall short and only has chain link and they've got direct sound coming right from 101 intersection and northwest wind blows right into that neighborhood. This would be much more protection than what they've got. Mayor Furlong: Okay, other questions for Mr. Knoblauch? Councilwoman Ernst. Councilwoman Ernst: Couple questions. Can you, so these homes are going to be 1,500 square feet, is that correct? On an average. John Knoblauch: The home that's been sketched on about over half the lots actually is a two story home and it's about 1,400 square foot per level there so that's a 2,800 square foot two story. I believe originally I told staff that we would be hoping in that 2,500 to 3,000 square foot, two story home range. The garage, actually the drawings that you have are actually over sized by 2 feet from what I normally do. Those are 30 foot garage drawings. Just in case someone wanted a 9 foot, third stall door so I've drawn them 2 feet bigger than in this sketch here than I normally have built before on a 28 foot wide garage. We built a garage like this a lot where there's a little bit of room for storage in the back, either work bench and so forth so that's why the bump back area there 4 feet in the back, but no these would be two story homes mostly because you know we're proposing a 52 to 54 foot pad and as a result ramblers a little tougher to work with. Not a lot of curb appeal unfortunately in a 54 foot rambler but we wouldn't say that we wouldn't build any ramblers but chances are it'd be mostly two stories. Councilwoman Ernst: Okay and you mentioned the price range. Can you give me an idea of what the price range would, is going to be? It may have been in your report Kate but I didn't get through the whole thing so. 38 Chanhassen City Council — January 28, 2013 John Knoblauch: Total of the home and lot package that would go in this neighborhood for instance would be probably similar to across the street at Lennar or your other projects, Pioneer Pass and LDK's project. Be very similar. $400,000 to $500,000 I would say total package. Councilwoman Ernst: Okay. And Kate, I have a question for you. So when we originally talked about PUD's I thought that the requirement was that they had to have a 30 foot setback but it sounds like. Kate Aanenson: Nope, our PUD ordinance, it's in the findings, our PUD ordinance does allow the flexibility to go to do the narrower side yards and then it also allows you, under the PUD, to do a 25 foot front yard setback. Councilwoman Ernst: Okay. So this one is intended to be a 25? Kate Aanenson: Correct. John Knoblauch: That's correct. The new drawing, the last drawing that was up there shows 25 the front yard setback and by the way just to mention patios and decks again, we are again seeing very small decks. We're seeing a lot of patio, free standing patios. Fire pits. We're not seeing the old style patios as much in the last 5 to 10 years so we presume that will be, follow through in this development if this went forward. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Thank you. Mr. Laufenburger, questions. Councilman Laufenburger: Yeah thank you Mr. Mayor. Mr. Knoblauch, nice to have you here tonight. We always like to consider developments in the community. What's the length of the road from 86 I to the end of the cul -de -sac, do you know? John Knoblauch: You know I don't. I know that. Councilman Laufenburger: Maybe Kate knows. Kate Aanenson: It's over 800 feet which is our normal. Councilman Laufenburger: It's over 800 feet. Kate Aanenson: Yeah. John Knoblauch: It's going to be over the, yeah I think it's 1,300 Councilman Laufenburger: Okay. Okay. John Knoblauch: And this path, as you can see, the dark line on the bottom is a sidewalk proposal. 5 foot sidewalk and I believe the park, Todd might be able to, they're looking for a I think an 8 foot blacktop path from, coming off the cul -de -sac to service into the Rice Lake trail connection. Councilman Laufenburger: I noticed that too and that was my next comment so the plan would be, you would provide, you would build that trail connection to the Rice Lake Marsh trail, is that correct? 39 Chanhassen City Council — January 28, 2013 John Knoblauch: Yeah, my understanding with Todd was that I was providing the concrete sidewalk but there was budget allowed in the Rice Marsh trail to pay for the blacktopping as long as I think we prepped it to pay for the blacktopping to get to the MnDOT parcel. Councilman Laufenburger: Okay, well I'm sure you can work that out but I'm pleased to see that there's a connection there. Do you have any room for any kind of a, any kind of an outlot like a central park area. I noticed that this, the closest park would be a mile away which exceeds our Comprehensive Plan so do you have any thoughts or any plans for any kind of an outlot? John Knoblauch: Not on this parcel. You know unfortunately with, there's just not a lot of high ground with the 5 or 6 wetlands and so you know staff has said you know we really need to be very restrictive and. Councilman Laufenburger: So this is part of the covenants that you're planning to have in place for the homeowners? John Knoblauch: No, not necessarily. I'm just saying that the wetlands are very restrictive as far as having some other open. There is an open area outlot. Kate Aanenson: Outlot A, yeah. John Knoblauch: To the east. That was at least my impression from the parks department was that was going to be open space left open. Kate Aanenson: So that's all this area here John Knoblauch: And as far as parks go, I really see these folks heavily using this 3 mile Rice Lake trail. You know I understand that there's a distance from over, is it a mile? From the nearest park but I see this being very desirable for a walker or a hiker that would want to go around that whole marsh which is going to be a very neat trail for the city. Councilman Laufenburger: Sure, okay. Thank you Mr. Mayor. Mayor Furlong: Thank you. I guess to follow up Mr. Hoffman too, parks or access for the other homes in the neighbor, in the adjoining neighborhoods. Typically what parks they use with the trail system I guess, they can get over to Lake Susan or up to Rice Marsh. Todd Hoffman: Yeah the closest city parks are Lake Susan Park and then Rice Marsh Lake Park. Mayor Furlong: Okay. Todd Hoffman: But as the crow flies it's about a half mile so this neighborhood would fit within that neighborhood park service area but once you get on the city trail system to get there it's just about a mile. Mayor Furlong: Okay. With this connection for these homes and we're actually looking at the Rice Marsh trail connection which is I think further north of here, that's going to provide better access for all these, for everyone that lives in these areas. Todd Hoffman: It will. Mayor Furlong: Either one 40 Chanhassen City Council — January 28, 2013 Todd Hoffman: To have connection to that 3 mile trail loop, like Mr. Knoblauch said is going to be a tremendous valuable connection. Recreational amenity to these neighbors. Mayor Furlong: Okay, thank you. Mr. Knoblauch, just a couple questions. I think we clarified here with Councilwoman Ernst that you're looking at probably 2,800 square feet on average for the homes, the two story homes. The 10,000 foot lots. Is it your sense that with the current guiding or zoning of low density, Kate's saying, Ms. Aanenson's saying let's use the PUD. Let's move it to medium density to give us the flexibility. Is that, are you in agreement with that? Is that something that you think makes sense for what you're trying to accomplish here? John Knoblauch: Well the neat thing that that does, it brings the lot size down but it definitely gives more protection to the wetlands which you know I'm a big duck hunter so obviously wetlands are important in my book but I think that's the important thing is it pulls those lots, I mean we could make 12,000 square foot lots and have these people out dabbling in these areas but it wouldn't meet the, the medium density drives us to bring those lot lines back so that we keep those people out of those areas in my opinion and they enjoy the view. They don't, out there not mowing around and it also gives the city a lot of flexibility in my opinion, because of the drainage on the north side of the property, in the springtime you get some drainage through there and that will keep people from disrupting that possibility too. Mayor Furlong: So with, and maybe back and forth between Mr. Knoblauch and Ms. Aanenson, so with the suggestion of going to a medium density with the PUD, is that going to accomplish what you were asking for in terms of the use of the lots or the expected use of the lots for these sized homes and these size lots? Kate Aanenson: Correct. So we're meeting the desire of the developer to do single family. Mayor Furlong: Yep. Kate Aanenson: It gives the right tool to allow for the smaller lot by up zoning so I think we, and preservation so it really is kind of a. Mayor Furlong: So it meets everybody's objective. Kate Aanenson: Exactly, everybody's objectives. Mayor Furlong: And goals. Okay. Alright. Okay, very good. Thank you. Any other questions for Mr. Knoblauch? Very good, thanks. John Knoblauch: Thank you. Mayor Furlong: I know there was a public hearing at the Planning Commission. I don't know if there's anyone here that would like to provide public comments but if there's anyone, we have read the Minutes of the Planning Commission meeting but if you'd like to provide some comments, we'd be happy to listen. Good evening. Carol Lahto: Hi. My name's Carol Lahto. I live at 8591 Tigua Lane, so we are the green roofed house there at the end. Kate Aanenson: This one? 41 Chanhassen City Council — January 28, 2013 Carol Lahto: Yep. That's us Kate Aanenson: Okay. Carol Lahto: As far as the development, I understand that this property will be developed by somebody. With that said I would suggest doing single family homes. I think at the meeting two weeks ago other people who lived in the townhouse development were here and some of their concerns were traffic. You know when and if you have a bunch of twin homes, sorry. I'm nervous, can you tell? Mayor Furlong: That's okay. You're doing fine. You're doing fine. Carol Lahto: There'll be more you know cars, more people in that area. One concern I do have is that by our driveway, 2 years ago we had a lot of rain and we actually had water coming up from that wetland. Enough that I thought we need flood insurance because it was creeping up so it's just one of the concerns I have with development, to make sure that you think about drainage and take that into consideration. Mayor Furlong: And could you just clarify. Maybe the driveway goes under the trees there. Do you share a driveway with the house to the west there? Carol Lahto: Yeah. It goes out and then it goes into the corner. Kind of that open spot Mayor Furlong: Okay. Carol Lahto: So that would be one of my concerns. Mayor Furlong: Okay. Okay. And I guess then the question would be. Kate Aanenson: We'll check that but there is a storm water pond being proposed in that area so we'll make sure we include that in the calculations to accommodate. Mayor Furlong: Can you show where that is? Kate Aanenson: Yeah. There's a proposed storm water pond right here. So right now it's just sheet flowing that way so we would look at that and make sure that, in the analysis of this project that we make sure we look at what's coming this way to your property and they have to maintain that on their property. Carol Lahto: Okay. Mayor Furlong: And the water flows towards the lake here so it flows to the northwest? Kate Aanenson: Yes, exactly. So we'd make sure that this pond is, proposed pond is sized appropriately so it's not going towards their property. Mayor Furlong: Okay. I'm sorry. Councilman Laufenburger: Carol, that's your own private driveway, is that correct? So you maintain from 86 the road that goes past the home to your house, that's a private road, is that correct? Carol Lahto: Yes. Councilman Laufenburger: Okay. Thank you. 42 Chanhassen City Council — January 28, 2013 Kate Aanenson: And I would say too, just to remind everybody that's listening to this that this project would come back for another complete public hearing so we'll make sure that, you know if we haven't answered that, please make sure that you ask that again and all those questions are addressed as far as we would with any other subdivision. Carol Lahto: Okay, thank you. Mayor Furlong: Alright, thank you. Steve Lahto: I'm Steve Lahto and I happen to live with Carol at 8591 Tigua. One question I had Mr. Mayor and council, is the proposed change from low to medium density, would that mean if this particular plan were to fall through that two plots of land which are now zoned differently would now share the same zoning and therefore be able to have townhomes or twin homes on both of those properties where now it's just zoned for single family? Mayor Furlong: Ms. Aanenson. Kate Aanenson: That's a good question. I had to train the city attorney, Mr. Knutson on this issue but I think I was the first one to kind of recommend dual guiding and that's what we were suggesting on this one. That we'd actually still dual guide it. Keep it low density so if this project was to go away, this could would have the discretion, let's say we rezoned it or re- guided it and then the developer chose sometime down the future not to execute, then that project went away, another project would have to come back through the process and at that time this council would have the discretion to say you know what, we still want to keep it low density or change their mind and not have to go with 8 units per acre project. Steve Lahto: Excellent, thank you. Mayor Furlong: So provides flexibility and we're not making any decision for guiding tonight, correct? Kate Aanenson: Well you're going to give them a recommendation. Mayor Furlong: We're going to provide comments and recommendations on whether it's something we would consider or not. Kate Aanenson: Correct. At the next go around Mayor Furlong: At the next go around, correct. Okay. Alright, thank you. Appreciate those comments and questions. Let's bring it back to council for thoughts and discussion. Councilman Laufenburger: I'll start. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Mr. Mayor, I can and I would support this project. Mayor Furlong: Thank you. Other thoughts and comments. Councilwoman Tjornhom: I think ditto. 43 Chanhassen City Council — January 28, 2013 Mayor Furlong: Okay Councilwoman Tjornhom: You know there's not much, I think this has been a really good process. There were discussions in work session and now just having a relaxed, informal conversation about the vision for this parcel, right? Kate Aanenson: Yes. Councilwoman Tjornhom: And how things could work or what some of the potential hazards could be. You know a lot of times, 5 years ago we'd have a development come through and no deck was planned and all of a sudden we had lots of problems with everyone wanting a deck or patio and it wasn't going to work and so I think we've learned a lot from history and I think this has been a very positive experience I think for council and hopefully the residents and the developer, just to see if it's something that really is workable and so I too would support it coming back and seeing what they have in mind for the next phase. Mayor Furlong: Okay. Great, thank you. Other thoughts? Councilwoman Ernst. Councilwoman Ernst: Yeah, and I really want to compliment Kate on all the challenges and you spent a lot of time on this project in working through many different challenges and scenarios. I would support this project. I think it's a good project and I want to make sure we do address the storm water issue, the drainage issue and with that yeah, I would support the project. Mayor Furlong: Okay, thank you. Mr. McDonald, thoughts. Councilman McDonald: I too would support the project. I'm just trying to be brief. Mayor Furlong: And everybody is. It must begetting late because you all are never this brief but, so I'll take up your time. Thanks for yielding as they say on the Senate. No I think there's been a lot of challenges and Mr. Knoblauch thank you for your efforts and I think you said this was iteration number 11 which says there's been a lot of work on everybody's side. Maybe too much work but this is a challenging parcel and I think you know there were questions raised at the Planning Commission as far as the location of the road. We talked about that tonight. Clearly this design makes the most sense as well. I think working with a PUD makes a lot of sense so thank you for coming forward with that idea. Looking at the dual guiding for medium provides the flexibility and really that's ultimately what I think to summarize what makes it easy for all of us to support this continuing forward is what's happening here is we're trying to seek the best way to accommodate the developer's goals and objectives. Staying within the rules. Staying within the guidelines but where's that flexibility that meets their objectives while meeting all the other requirements and so Mr. Knoblauch thank you for your efforts there working with staff. Kate and others, thank you for all your efforts as well. I mean this is a challenging parcel to say the least, but clearly it can support some development and it's fair to seek to, while keeping in mind the natural features of the property, do it right and that's what I hear happening here so thank you everybody for your efforts but I certainly would support this moving forward with the plan to look at the dual guiding, the PUD and all the other tools that we have to try to get this done so thank you. Any other questions or comments or questions from staff or Mr. Knoblauch for clarification? No? Todd Gerhardt: Mr. Mayor. Mayor Furlong: Mr. Gerhardt 44 Chanhassen City Council — January 28, 2013 Todd Gerhardt: I thought Mr. Knoblauch was one of our planners or engineers as much time as he spent at City Hall so I was surprised that he was the builder so, but Kate, Sharmeen, Terry, it would have been really easy just to say there's just too many hurdles on this project and to walk away from it so you know Kate and her staff just did a fantastic job of trying to figure out how to make this a successful project and they did that so look forward to getting down and getting the details out there now and appreciate everybody's efforts in making this work. Mayor Furlong: No, I hear Mr. Knoblauch's a pretty good builder of homes so if we can get through the development process I'm sure these will be 16 wonderful homes here as well so, very good. Thank you. Thank you all for your comments. For those that spoke at the Planning Commission and we look forward to seeing this back just as soon as it's ready. If there's nothing else we'll complete that item then and move onto the next item. TH 101 (LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT 12 -06: RESOLUTION APPROVING PLANS & SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS; APPROVE JOINT POWERS AGREEMENT WITH CARVER COUNTY; AND APPROVE COOPERATIVE AGREEMENT WITH MNDOT. Paul Oehme: Thank you Mayor, City Council members. I'd like to just briefly review, what we'd like to talk about tonight. We're giving you a quick overview of the project itself. We'll talk about a little bit of the construction and phasing and staging plans. Where we're at with right -of -way acquisitions on the project. Estimated costs and financing, we'll run through that. And then project schedule and if there's any questions at the end we'll be more than happy to try to answer that, those with, for you. Tonight Jon Horn from Kimley -Horn and Associates is here. He was the engineer on the project and he can answer some questions as well. So the purpose of the project, again the project is from reconstruction of Highway 101 from Lyman Boulevard down to Pioneer Trail. It's about three - quarters of a mile roadway. It's currently two lane, rural section roadway. We do have some documented traffic safety issues. Running off the road type of crashes. Those type of things. Capacity issues are an issue right now and currently moving forward with development, growth in the area that will increase and become a challenge for this corridor. So with that, again the issues associated with 101. Steep grades. Sharp curves. Inadequate sight distances and blind intersections and then poor shoulders as well. With that, staff and the City did receive federal funding for this project back in 2009. With that funding we were able to partner with Carver County and MnDOT and plan for the future improvements of the roadway. The proposed improvements are to reconstruct this section of roadway to 4 lane design, urban section, including curb and gutter. Adjacent Lyman flatten out the curves and grades, basically making it to a county roadway, current county roadway design standards. 40 miles an hour design. Adding turn lanes at the intersections for public streets, at public streets. Stormwater drainage improvements are included in the project. We have 3 that are proposed. Pedestrian and bike trail and underpass by Bandimere Park. There's some Bandimere Park improvements that are associated with these improvements. I'll run through that a little later and trunk watermain is also improved, proposed along the corridor on the west side of 101. This is to facilitate future growth in the area. And then we'll also have some sanitary sewer improvements, specifically on 96 Street. The lift station and the force main that discharges out of that area will be improved and reconstructed and then also a future stub for sanitary sewer to the Foxford Road area as well. This is a drawing of what the proposed improvements are. To the right of your screen is Lyman Boulevard. Currently that section of roadway just south of Lyman is 4 lane so the project limits are about 400 feet south of there. Moving south, the intersection at Bandimere Park would be proposed to be moved approximately 400 feet north to accommodate better sight lines, turn lanes and future park improvements as well. Moving south from there, still a 4 lane design urban section, divided roadway. There'd be a proposed underpass of 101 at this location and trail along the west side of 101 along the corridor as well. The existing trail on the east side will be realigned through Bandimere Park and then slightly as we move farther to the south as well. At Kiowa Trail intersection would have turn lanes, left 45 Chanhassen City Council — January 28, 2013 and right turn lanes into this neighborhood. Currently there are none. This area, again this is kind of the steepest and most winding area of 101. That area is going to be straighten out. Ponds are shown here in blue and turn lanes over at 96 Street, left and right turn lanes with a median and then moving farther to the south, reconstruction of the intersection of 101 and Pioneer Trail. That intersection will be approximately raised up about 3 feet from it's current elevation to plan for future improvements to the south on 101. So the final design considerations, working with the neighborhoods on this project, one of the biggest concerns that they expressed to us as the staff is tree impacts so we try to avoid as much tree impacts through this project as we can. There is a reforestation plan that we also have included in the project as well. Try to minimize wetland impacts as well. Try to locate these ponds so they don't impact wetlands as best as we can on roadway alignments as well. Foxford Road neighborhood, buffering. Several property owners had requested that we look at berming along that section of roadway if it makes sense. We were able to work with several properties out there to accommodate those needs in conjunction with the project. The property acquisition is too, we're currently wrapping that work up as well, and then future Bandimere Park improvements as well and with that the Bandimere Park improvements are currently, with Highway 101 improvements are currently shown in pink here. The current access to Bandimere Park is shown at this location. Again the new access will be just north of there. There are currently two houses at this location, north of Bandimere Park. Those parcels were acquired by the City and by, with City funds and then also with State funds for the property closest to 101 to move that access to a better location for sights and access to Bandimere Park so with these improvements to Bandimere there will be parking stalls made in conjunction with the project but it also facilitates future redevelopment of Bandimere Park and there are opportunities to build tennis courts in this location and also a hockey rink in the future as well. The underpass of 101, for trail purposes, that was a big design consideration through this project. Try to minimize impacts to adjacent properties and try to maximize the grades potential in this area so we did look at above grade, a bridge type structure for 101 to get pedestrians across but cost effectively it was more advantageous for us to look at an underpass at this location so that's the improvements. The roadway will be realigned within Bandimere Park as well to facilitate some significant retaining walls along 101 as well. And then access to the west is, would align with current driveway onto Mr. Wilson's property and would facilitate future development of a public street in the future if so warranted. So construction phasing, majority of the project will be constructed this year. We are anticipating to go out for bids very shortly. I'll show you that schedule. Surcharge removal of southbound lane of 101 would however be delayed until 2014. There are some poorer soils out in this area. We just can't excavate out completely so the most cost effective approach that we found was to surcharge this area. Let the massive, basically dirt sit over the poorer soil area. Compress that soil out as best as we can and then re -pave that section of roadway in 2014. So 101 will be, have to be closed though through this entire corridor in 2013. There's no safe and economic way to construct temporary traffic control and access through this area so there will be detours associated with the construction process. Official detour route will be through Powers Boulevard. Four construction stages are proposed through the staging of this project and I'll go through that in a later slide, and temporary construction access through Kiowa Trail will be through Springfield on a temporary basis and 2014 work will be completed under traffic though. So won't be a complete closure of 101. So this is the phasing schedule that's currently being proposed. We'd like to start the project in May of this year under the north area. Basically constructing a new access to Bandimere Park with the turn lanes and roadway at this location. That would be able to utilize the southern access, current access to Bandimere Park currently to access people, anybody that wants to use the park on a fulltime basis through this way. However that does require a detour so anybody wanting to access Bandimere Park through the May -June timeframe would have to go down south of 101 onto Pioneer Trail and back up to Powers Boulevard and Lyman here so this is a detour route that's shown. The 101 project area here is shown, that's circled in red. Once that section of roadway is built, traffic would be allowed on that section of roadway to access Bandimere Park. This area shown here in green and blue would be reconstructed at that time and closed off to traffic so this area would be reconstructed between say June and August. The surcharge area is shown here in red circled. That area would be, actually be 2014 so that area would be, those two lanes of 46 Chanhassen City Council — January 28, 2013 traffic will be reconstructed in 2014. Moving south from there, the last section of phase 4 would be from October to November, 2013 from Pioneer Trail up to 96 Street with the ponds being constructed at that time. The intersection of Pioneer Trail and 101 would be reconstructed however earlier than the Phase 4. We want to get that access open as quickly as we can so I think we're at about a 2 to 3 week closure of that intersection. We wanted to get that intersection opened prior to school start in 2013 so that's kind of a short term phasing approach as well. Kiowa Trail currently accesses 101 right in the heart of our project area so we were looking for opportunities to divert traffic from Kiowa Trail outside of the project area so we'll just propose to remove the current barricades onto Springfield and allow all the Kiowa traffic to access Springfield throughout the project timeframe under when this phase of the roadway is under construction. Right -of -way access, there are 12 parcels that had to been acquired to reconstruct this roadway to a 4 lane design standard. Straighten out the curves. City dedicated the right -of -way for Bandimere Park. A sliver of right -of -way along the south and west portion of Bandimere Park. However with the development, with this project there is a lot of opportunities and some land will be rededicated to the City with the improvements for 101. Like I said the City did acquire those two Nettesheim properties for future park improvements as well. The funding and estimated cost are shown here. We are through the final design and right -of -way acquisition phase. We are on budget with that section, or that phase of the project here. We are looking at constructing the project again this summer. The estimated construction cost is about $9.7 million dollars and the engineering, administration, geotechnical surveying work is about $800,000 for a total construction project cost of just under $10.5 million dollars and again when you add in the design aspect, the pre- design and the right -of -way acquisition the total is just about $12.9 million. Mayor Furlong: Mr. Oehme, a question. Where's the source of funding for the design and right -of -way acquisition? Paul Oehme: The design? That was, if this council remembers there, we did receive funds from MnDOT in that amount probably about 2 years ago. There was a. Mayor Furlong: For the design and right -of -way? Paul Oehme: For the design and yeah, right -of -way acquisition. Back in April of, April 23r of 2012. Mayor Furlong: Okay, thank you. Paul Oehme: So funding source for that. Like I said, the City did receive a $5.6 million dollar worth of Federal STP funds to help support this project. It was a competitive grant application process that the City did receive those funds for. MnDOT funds moving forward for construction are shown here at about a little over, or right at $3.6 million dollars for Flexible Highway Account and then State Aid Loan Fund. This is, will be funds that will be eventually paid back through the turnback account. The City does have some responsibility or funding costs associated with this project that have been budgeted. Right now it's $825,000 in your packet and then Carver County costs are, for the intersection of Pioneer Trail and 101 plus some conduit they would like are a little over $466,000. That number is going to change a little bit. Carver County has requested that they implement their cost sharing policy with the locals. There's about $5,000 worth of sidewalk and curb and gutter that Carver County has asked us to pay for so the City's cost would go up to about $830,000 and Carver County's cost would go down to about $461,000 of additional cost that we're looking at would be paid for by MSA dollars and we do have budgeted money to cover those costs so. Mayor Furlong: What's the change in their policy? What did it used to be? What is it now? 47 Chanhassen City Council — January 28, 2013 Paul Oehme: It's not a change from their current policy. They just implemented or they just looked over the cost allocations and what's participating for their ledger and they found that there is some sidewalk and some curb and gutter that they would request that the City pay for. Councilwoman Ernst: Didn't they commit to that $466,000? Paul Oehme: They did. They did and that's in the agreement right now. Councilwoman Ernst: Thank you. Paul Oehme: So those are those costs. Moving forward, the proposed project schedule is here. Approving plans and specs and the MnDOT Cooperative Agreement and the Carver County cost share agreement is in your packet. The City Attorney has reviewed both of those documents and thinks they are acceptable. The bid opening is currently scheduled for March 15 Award of contract is right now with the City Council is proposed on April 8 If everything goes fine from there we would have an open house sometime shortly thereafter and then start the construction in May of this summer and substantial completion again for this year in November. Getting 101 completely, or getting 101 opened and then final wear course paving and that surcharge area would be reconstructed by August of next year. With that, if there's any questions you'd have I'd be more than happy to try to answer them. Mayor Furlong: Thank you. Questions for staff. Mr. Laufenburger. Councilman Laufenburger: Yeah, this is a simple one Paul. Can you go to an overhead of the closest area of the Kiowa Trail, Bandimere Park access area there. Yeah. Is, just a scoge to the right of the word trail, is there parking there for use by people who want to use Bandimere Park? Todd Hoffman: Yes Councilman Laufenburger: Is there? How many stalls, do you know? Todd Hoffman: Approximately 10 and that was for the original Kiowa neighborhood park before Bandimere was even developed. Councilman Laufenburger: Okay. Is that used a lot do you know Todd? Todd Hoffman: Those parking stalls are used less now because of the major parking lots up in Bandimere. Councilman Laufenburger: But I'm wondering if when the access is restricted or redirected might people use that? Todd Hoffman: Sure. Councilman Laufenburger: Okay. Todd Hoffman: To get access to those. Councilman Laufenburger: So alright, and there's signs posted that say parking is acceptable or stuff like that? Todd Hoffman: It's just, there's no signs there. 48 Chanhassen City Council — January 28, 2013 Councilman Laufenburger: But it's clearly recognizable as parking? Todd Hoffman: Absolutely. Councilman Laufenburger: Okay. And then Mr. Oehme, that red dot which shows the barrier, that you're going to just take that down. Is there any other work that you'd have to do on the road to make the road smooth there for drivable for all of that traffic? Paul Oehme: I'm not aware of any. I think there is just posts in the ground that we'd have to remove the posts and then just maybe patch in, patch in those little areas there. I can't recall, I don't think there's any curb that's out there. Councilman Laufenburger: Okay. And you're going to bring that barrier down at what time? It looked like March, is that right? Paul Oehme: Actually it would probably be maybe June when we, when the second and third phase is under construction. Once that first phase, here I'll get it back to that slide. Once this phase is under construction, the property owners on Kiowa would still have access. Councilman Laufenburger: They can go south. Paul Oehme: They still can go south. Councilman Laufenburger: Okay. Paul Oehme: So we'll still allow that but once we get into June and through August timeframe, that's when this section of roadway would have to be shut down. Councilman Laufenburger: I was just thinking if they had a choice of going north through Springfield up to Lyman and then that way, if they had that choice when Bandimere closes that might be attractive for them. Paul Oehme: That's a great point. Maybe we'll look at taking it down earlier. Thank you. Councilman Laufenburger: Thanks. Thank you Mr. Mayor. Mayor Furlong: Okay, thank you. Other questions? No? I think we've been through this project a few times and so it's good to see it again and continue to see it moving along. If there are no questions, any other comments? What's before us this evening are approving the plans and specifications, authorizing bids and then also the agreements with MnDOT and Carver County. Councilwoman Ernst: I'll make a motion. Mayor Furlong: Okay, that's fine. Please. Councilwoman Ernst: I make a motion that we approve the resolutions approving plans and specifications and authorizing advertisement of bids and cooperative agreement with MnDOT and approve Joint Powers Agreement with Carver County. Mayor Furlong: Thank you. Is there a second? 49 Chanhassen City Council — January 28, 2013 Councilman McDonald: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? It's a big project. It's a good project and it's nice to see it moving forward so thank you Paul for all your efforts and likewise Mr. Horn, appreciate your help along the way. Sorry we didn't ask you any questions but then that means you don't have to give any answers too so, sometimes that's alright. Councilman Laufenburger: Just a brief one Mr. Mayor. The plan, everything looks really good and I think we need to support Mr. Gerhardt and Mr. Oehme in their discussions with Carver County. Councilwoman Ernst: Yes. Councilman Laufenburger: Thank you. Mayor Furlong: Absolutely. Absolutely. Todd Gerhardt: Thank you. We need all the support. Mayor Furlong: Is there any other? Todd Gerhardt: I just want to recognize Paul and Jon on this project. I mean this is unbelievable to get this kind of funding and Bethany's left and I know she played a big roll on the TAB board to get the funding and you know, you saw all the resources from different funds to pay for this road. It's just amazing and to have trails on both sides and to match up the new access into the park and expanding the park, it just, it's just perfect for this area. When and if the property to the west of 101 develops we're ready for it so that's just key. Usually it kind of comes after the fact so kind of ahead of the game here so that's good. Mayor Furlong: Yeah, it really does open up opportunities and it's, even though we've been challenged as a council for making improvements south of Highway 5, I think most of this project is indeed south of Highway 5. Councilman Laufenburger: Duly noted Mr. Mayor. Mayor Furlong: No it's, it's nice to see that we're finally at the point where we're approving plans and we're going out for bids and now it's time to get it built. Todd Gerhardt: Yeah, it's just. Mayor Furlong: A lot of work up to date and Todd, thank you for recognizing everybody and we also thank Carver County, MnDOT, everybody else that's been involved because they really have stepped up. Once we got over and got that initial funding through the TAB, which you raise a good point. Bethany was instrumental in that, that really brought everybody together and is getting a project done here that's going to benefit many, many people for many years so thank you all for your involvement. There's been a motion made and seconded. If there's no other discussion we'll proceed with the vote. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approves Resolution #2013 -06: Approving plans and specifications and authorizing advertisement of bids; Resolution #2013 -07: Approving Cooperative Agreement with MnDOT; and approving the Joint Powers Agreement with Carver County for TH 101 (Lyman Boulevard to Pioneer Trail) 50