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CC 1995 08 28CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 28, 1995 Mayor Chmiel called the meeting to order at 7:30 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Chmiel, Councilman Senn, Councilman Mason, Councilwoman Dockendorf, and Councihna-n Berquist STAFF PRESENT: Don Ashworth, Roger Knutson, Todd Gerhardt, Charles Folch, Kate Aanenson, Sharmin A1- Jaff, John Rask, Dave Hempel, and Todd Hoffman APPROVAL OF AGENDA: Councilwoman Dockendorf moved, Councilman Berquist seconded to approve the agenda amended to delete item 4, PreliminaI3' Plat to Subdivide 2.22 acres for James Ravis per the applicant's request, and on the Consent Agenda changing the lettering to read (n) and (o), rather than (p). All voted in favor of the agenda as amended and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councihnan Mason moved, Councilwoman Dockendorf seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: b. Lotus Lake Woods, 7500 Frontier Trail (Forcier Property): 1) Final Plat Approval 2) Approve Development Contract and Construction Plans & Specifications for Lotus Lake Woods, Project 95-15 d. Resolution #95-83: Set Assessment Hearing Dates for the following projects: 1) Chanhassen Estates 1st & 3rd Additions, Street Reconstruction Project 93-10 to be held on September 25, 1995. 2) Lake Lucy Road Extension Project 92-12 to be held on October 9, 1995. 3) Galpin Boulevard/Coulter Boulevard Reconstruction Project 93-26A to be held on October 9, 1995. Preliminary Plat Extension for the Hiscox Addition, Subdivision 87-31 for 3 Single Family Lots, 7500 Erie Avenue. h. Approve Contract to Write Chanhassen History Book Chanhassen Centennial Project, Dan Hoisington, Historian. i. Approve Real Estate Purchase Agreement, Outlot C and D, Harstad Companies, The Oaks at Minnewashta. j. Extension of Preliminary Plat Approval, Shamrock Ridge Addition. k. Approval of Amendment to Joint Powers Agreement, WAFTA Fire Training Facility. 1. Approve Purchase Agreement for Rottlund Property, TH 212 Corridor. m. Resolution #95-84: Approve Traffic Signal Agreement No. 73847 with lvLnDot for the Intersection of TH 5/CSAH 19 tGalpin Boulevard), SP1002-60, City Project No. 93-26A. City Council Meeting - August 28, 1995 n. Resolution #95-85: Resolution Supporting Improvements to TH 5. All voted in favor and' the motion canicd. Mayor Chmiel: Steve, you've got (t). Approval of Bills. Councihnan Berquist: Do you want to talk about it now or do you want to move it until the end? Mayor Chmiel: Well, is it going to be a long, lengthy discussion? Councilman Berquist: I've got about a half a dozen items I just want to touch on. Mayor Chmicl: Okay, then we'll put it to the back. We'll put that to item number 13. Colleen, you had the next item (g). G. CITY COUNCIL MINUTES: Councilwoman Dockcndorf: City Council Minutes, page 50. About half way down. It reads, I certainly envision Chanhassen being a bedroom comrnunity. Whether I said it or not, my intent xvas to say, I certainly do not envision Chanl-msser~ being a bedrool.t.t community so. Mayor Chmiel: Okay. With that, would you like to move ti-tat? Councilwoman Dockendorf: I'd move aloproval. Councilman iX/Iasc)n: Second. Councihvoman Dockcndod' moved, Councilman Mason seconded to apl)mve the following Minutes: Ci~' Council Minutes dated August 14, 1995 as amended on lmge 50. Planning Commission Minutes dated August 2, 1995. Park & Recreation Commission Minutes dated Juh' 25, 1995. Park & Recreation Commission Minutes dated August 8, 1995. All voted in favor and the motion carded. O. APPROVAL OF FINANCIAL CALENDAR, FINANCIAL POLICIES. Councihnan Senn: Just quickly on (o). On the ongoing calendar, I'd like to see us put, Don put in a quarterly review both on debt and on debt obligation and, what was the other thing. I have it here somewhere. And the status on investments. And with that I'd move approval. Councilman Mason: Second. Councilman Senn moved, Councilm;m Mason seconded to approve the Financial Calendnr~ Financial Policies as amended bv Councilman Senn. All voted in favor anti the motion carded. r City Council Meeting - August 28, 1995 VISITOR PRESENTATIONS: NEW CHANHASSEN JAYCEES GROUP, DEB SCHARFF~ 1060 LYMAN COURT. Deb Scharff: We're here just to let you know that we have just begun a Chanhassen Jaycees here in Chanhassen and that being a new group who is here to work for the community, we are kind of looking for some projects. There are some projects that the Jaycees have done...different things like that that we would like to incorporate as we increase our numbers and our time. Dwayne's our President. I'll let him speak. Dwayne: If there's any con-ununity. I know that we used to have a Septemberfest. Is that still going to happen this year? We'd like to be involved with that in any way we can. Any other, what's the event in February called? Mayor Chmiel: Well we're going to have the Centennial coming up as well. Our 100th year so we appreciate all the hell) we can get there. Dwayne' Okay. Keep us in mind I guess is all we came to really say. Mayor Chmiel' Alright. How many total number do you have now? Dwayne: Right now we have 28 members. Mayor Chmiel: Oh great. So it looks like it might be moving ahead. Through the years there's been several times that they've tried to get started and had some rough times. It's good to see another organization within the community that's willing to participate within the community and I thank you very much for your efforts and hope it all goes well. Councilwoman Dockendorf: Mr. Ivlayor, may I ask something? Mayor Chmiel: Yes. Councilwoman Dockendorf: Do you intend to operate an.,,' gaming or look for any gaming operations in town? Dwayne: No. Not at this point. Councilwoman Dockcndorf: And what's the current age for Jaycees these days? Dwayne: Jaycees is 21 to 39. Councilwoman Dockendorf: 39. Thank you. Councihnan Senn: Are you going to have a regular meeting time and place or anything like that7 Dwayne: Yes. Our meetings, we're thinking, we're possibly thinking about moving our meetings to the City Council Chambers on the second Thursday of the month. From 7:00 to 8:00 but we haven't got... City Council Meeting ~ August 28, 1995 PRESENTATION OF A\VARDS OF EXCELLENCE, FEBRUARY FESTIVAL AND ANNUAL SPONSORSHIP PROGRAM, MINNESOTA RECREATION AND PARK ASSOCIATION. Todd Hoffman: Thank you Don. Introduction is in order I believe. I'd like to introduce Marcie Padgett, who is the Chair of the Awards Committee. The city is receiving two awards of Excellence for February Festival. For it's initial .,,'ear as a festival .... festival which brings people together in a community to celebrate their community. And the second is annual sponsorship program which nets the community oh approximately $30,000.00 on an annual basis. That program we seek a one time donation from our business community to ironically sponsor those special events on an annual event. So both programs go hand in hand. We're very happy to be recommended by the Minnesota Recreation and Parks Association. The city earned two of the 15 awards... Marcie Padgett: Thank you Todd. I'm going to tell you a little bit about MR_PA and how xve go about choosing the winners of our awards. The purpose of the Minnesota Park and Rec Association is to improve the quality of life by promoting the profession of parks, recreation and...in the State of Minnesota and to provide it's members with continuing education opportunities. To serve as an reformation resource on new trends in the field of parks and rec and to provide recreational services to...MRPA was founded in 1937 and currently has over 1,500 members throughout the State of Minnesota. Our MRPA awards comlnittee was established in 1987 ...recognizing and honoring individuals and agencies for excellent, outstanding, or unique achievements-in the field of parks, recreation and leisure services. A major goal of our committee is to...awareness and appreciation for the great parks, trails and recreation programs and services in the State of Minnesota. Awards of Excellence are presented each )'ear to those cities that we determine to have the best new programs, facilities or volunteer efforts. Nominations are submitted to our committee about the n-fiddle of April and they are then rated by our committee in the areas of funding, planning, inter agency cooperation, community support, originality and the final evaluation of the project. It is veo, rewarding for the committee members to then come out and present the awards to those who are responsible for these great new projects. Last )rear Chanhassen was presented an award for Lake Ann Park and this )'ear they will receive two awards. It's my pleasure today to-present these awards to the City of Chanhassen. The first award is in the area of volunteer sponsorship, as Todd said. It's for Chanhassen's annual sponsorship program. And the second award is in the area of programming for the February Festival. Congratulations from MRPA. Mayor Chmiel: Thank you very much. We'll accept them on behalf of the City. And we thank you very much and good job, well done. Anybody else'? Councilman Berquist: Very nice. We've got all excellent park and rec department and I think these are just signs that you're getting recognition throughout the rest of the metropolitan area. Congratulations. Mayor Chmiel: Anyone else? Councilman Senn: Ditto. Mayor Chmiel: Okay, good. Councilman Senn: I'm on the end. I get to keep the awards anyway. Mayor Chmiel: Todd's getting up to get them. Okay, thank you yeU' much. We really appreciate it. City Council Meeting - August 28, 1995 AWARD OF BIDS: LYMAN BOULEVARD SURCHARGE CONTRACT, PROJECT NO. 93-32B-2. Charles Folch: Thank you Mr. Mayor, members of the Council. This past Tuesday we opened bids for this surcharge project. A total of six bids were received and we were awfully surprised at the Iow bid that we received. It doesn't hal>pen that often but every now and then the city ends up becoming the recipient of good timing and this is the case here. We have a contractor who needs to get rid of material on a construction project locally and he'll just go over to this project and we can use the same material. As such, we have a 50% cost savings over what our estimate was for the project. Friedges has performed under subcontract with the city before and we had no problems with their performance in the past. So we would, staff would move to approve the surcharge contract to Friedges Landscaping in the amount of $69,940.00. Mayor Chmiel: Okay. Are there any questions? Steve. Councilman Berquist: Sharer was pretty close? Charles Folch: Yeah. Sharer was right behind them at about $3,500.00. Councihnan Berquist: Where are they? It's obviously the same situation. Charles Folch: I assume that's the same situation. We didn't make contact with Shafer but I would guess it'd be- the same. Councilman Berquist: And they didn't contact you knowing that their number xvas going to be, I mean they must have had dirt, or fill in the same area and they knew they were going to be real down and dirty. They didn't call 3'ou and say where are we at? Charles Folch: No. Councihnan Berquist' Really? Councihnan Senn: Do we have another project we can have them do? Charles Folch: Usually once the bids are opened, we put all the information on a voice mail recording for all of the subcontractors who want to call. So they may have called to verify where they stood and when they found out they weren't the low bid... Mayor Chmiel: Is there a motion for approval? Councihnan Mason: Move approval. Councihnan Senn: Second. Resolution #95-86: Counclhn,m Mason moved, Councilman Senn seconded to award the bid for the Lyman Boulevani Su~rh:uge Project No. 93-32B-1 to Ffiedges Landsealfing, Inc. in fl~e amount of 5;69,940.00. All voted in fitvor and thc motion canicd unanimously. City Council Meeting - August 28, 1995 AWARD OF BIDS: GALPIN BOULEVARD (CSAH 19) FROM T1MBERWOOD DRIVE SOUTH TO LYMAN BOULEVARD (CARVER COUNTY PRO3ECT PW026E). Charles Folch: Thank you Mr. Mayor, members of the Council. This one's hot off the press this afternoon. Carver County opened bids for this project. A total of six bids were received. You should all have an updated copy of that handout tonight that highlights that the City Council... In fact all of the six bids xvere louver than the engineer's estimate of $914,000.00. However, the low bid was not surprising submitted by S.M. Hentges and Sons at $779,404.55. S.M. Hentges has all their equipment basically on site. They've done the school site mass grading and also were the contractor for the city on the Oalpin/McGlynn Drive project so they're right there. They know the area. They know the type of soil out there and... These bids have all been tabulated for accuracy, as I understand it so this is a...and again S. M. Hentges has a proven track record with the city for performance in the past and we've established...If there any questions that you do have, Roger Oustafson, the Carver Cotmtv Engineer is with us tonight if you should have some specific questions on ho~v they... Councilman Berquist: 779's obviously lower than the estimate but given your argument, Hardrives, what's Hardrive's doing in the area? Have they got equipment stacked around somewhere? Charles Folch: They were actually a sub to Hentges on the Galpin/McGlynn city project. It's one of those projects where a dirt contractor or a paving contractor, the value of the work is about equal so that's why Hardrives... Councihnan Berquist: Okay, good. Mayor Chmiel: Any other questions? Hearing none, is there a motion to approve? Councilwoman Dockendort': I'd move we award the bids to S.M. Hentges and Sons. Councilman Mason: Second. Resolution #95-87: Councihvoman Dockendoff moved, Councilman Mason seconded to awanl the bid for the Gall)in Boulevard (CSAH 19) reconstruction from Timber, rood Drive to Lyman Boulevanl, a Can'er County project, to S.IYL Hcntges and Sons in the amount of $779,404.55. All voted in favor and the motion carried ummimously, VARIANCE TO THE REQUIRED DOCK SETBACK ZONE~ 1085 HOLLY LANE~ JULIE SPRAU~ RAVENSWOOD ESTATES. Public Present: Name Addrcss Joe Shneider Jim Lord John Fess Jon Joseph Ed Szalapski 1035 Holly Lane 4231 Circle Road, Tonka Bay 6280 Ridge Road 6290 Ridge Road 850 Pleasant View Road City Council Meeting - August 28, 1995 John Rask: Thank you Mr. Mayor, members of the Council. The applicant is requesting a 7 foot variance from both sides of the dock setback ~one. The property's located at 1085 Holly Lane. As far as applicable regulations here, Section 6-1 states that a dock must be set back at least 10 feet from an extended lot line. Section 5-23(a) states the City Council may grant a variance front the dock requirements of this article where it is shown that by reason of the topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with the dock requirements could cause an exceptional or undue hardship into the enjoyment of the use of the lakeshore site. Provided that a variance may be granted only if the variance does not adversely affect the purpose and intent of this chapter. Back in March of this year, the City Council did approve the final plat for Ravenswood Estates with 15 conditions. Condition 14 stated that there shall be no dock moorings or boat lifts on Lot 2. As you can see on the diagram here, Lot 2 is the rear lot. It does have the 10 foot strip of land that provides access to the shoreline. It is the 10 feet of property does not allow for the adequate setback for the dock. Back when the plat went through, staff made the determination that a dock has not existed on this parcel over the years. Therefore it lost it's non-conforming status. Thus, they aren't able to have a dock on this parcel unless a }'ariance would be granted. In response to this variance request and in trying to dig up some more information on it, we did review some slides that were provided by the ASCS Office. The Agricultural Stabilization and Conservation Service and these slides, the ones we looked at were taken in August of '93 and in July of '94 and we did not see any evidence of a dock on this parcel. We've also received a number of letters from adjacent property owners and other lakeshore owners, property owners who indicated that there was never a dock, or hasn't been a dock in recent years on this property. Again, based on information submitted, staff determined that the previous owner lost a non-conforming rights to have a dock when he ceased to maintain a dock on a yearly basis. The intent of eliminating non-conforming structures or docks is to bring properties into compliance with applicable city codes and to eliminate uses which may negatively impact surrounding properties or cause an overcrowding of the lakeshore. Therefore staff is recommending denial of the variance. On June 261h of 1995 the Board of Adjustments and Appeals held a public hearing to review this variance request. As I mentioned before though, final approval must come through the City Council. The Board of Adjustments and Appeals did recommend denial of this variance on an unanimous vote based on the conditions outlined in the staff report. At this time I'd be happy to answer any questions that you may have. Mayor Chmiel: Docs anyone have an5' questions of John? Councihnan Berquist: John, in the packet there's a letter, does anyone mind if I speak? There's a letter that one of the sentences says, it is our position that the property in question never had a dock in the past. Has there ever been, in Kate'S' letter it initially said something about the proof was on the buyer as to proving the fact that there was a dock at one point. John Rask: Yeah. The burden of proof in this situation is on the applicant. The previous property owner, his representative when listing the lot had contacted the city in regards to dock rights. At that time we were informed that a dock had existed on this parcel and has been maintained throughout the years. And thus a letter was written stating, the non-conforming rights it would have under those circumstances. Councihnan Berquist: So that verbal conversation then dictated the tone of your letter? Kate Aanenson: Correct. Specifically asked whether or not so we indicated that they would have, what the issue was the non-conforming. If the}e was a dock there, the issue is it Would have to, if it's not there continuouslr, there was a 3'ear that it's out, then they've lost those non-conforming rights so the letter states that. Now as t~r'as has there ever been a dock there'? I believe that there was some evidence showing that way, way City Council Meeting - August 28, 1995 back the previous owner had at one time put a dock there but the non-conforming issue says if there hasn't been a dock there continuously, then they lose those rights. Councilman Berquist: But way, way back. Kate Aanenson: At some time there may have been a dock there. Councihnan Berquist: Okay. Well there's 11 people here that '`'`,rote this letter that, the one who wrote it, asserts that the property never. Well never. Never's a long time. There's footings or whatever there but that's never been in an appearauce since they've been aware, okay. Mayor Chmiel: Anvone else'? Councilman Senn: A question Kate, the '94 letter. The August '94 letter. No',,,, '`',,hen that was written, we never went out and confirmed one way or the other? Kate Aanenson: No. The applicants who ','`'ere listing, not the applicant. An agent was listing the property and he asked me do I have dock rights. I said well, if you've had a dock in there continuously, then you have docking rights. It' you don't then, so I put the criteria, exactly. So he had something to use for someone looking at the lwoperty. I said you'd have to demonstrate to us that there's continuously been a dock there. Mayor Chmiel: Okay. If there's no other questions, is the applicant here? Please step forward and state your name and your address. Julie Sprau: Hi. Mx' name's Julie Sprau and my address is 3393 Lakeshore Drive and that's in Chaska. I'd just like to take this opportunity just to make a couple of comments regarding this variance request. I'd also like to observe a couple of minutes, because I think there are some other people that might make some comments and I'd like to have an opportunity to respond to any issues they may bring up. I think that the packet that we received and the COlnments made by John accurately reflect the factual basis for this variance request. And what I'd like to do is address some of the issues that were brought up at the Board of Appeals hearing in June and address those. First, the facts surrounding the existence of a dock continue to be in dispute. The seller of the property has indicated to us that, and has some pictures of which I don't have at this time, that there ,,vas a dock over the course et' the last 4 years, on and off. However, for the purpose of this variance request, the continuous existence oi-' a dock is not relevant because I'm not trying to establish that we have dock rights pursuant to the non-cont'orming status criteria. We are requesting a variance. Therefore, proof of the continuous existence of a dock is not relevant to the variance criteria. I'd also like to address in some of the letters from the landowners. They refer to this 10 foot piece of property as an easement, and it's not an easement. This piece of property was with the lot when we originally purchased it. We didn't buy it subsequently or get an easement granted from someone else. This was with the lot when we looked at the lot originally and then when it was subsequently subdivided with the city. Additionally, at the Board of Appeals hearing, a neighbor indicated that they had, the people that they were representing granted an easement to the city and that somehow granting this variance would additionally burden then-t. I'm not exactly sure hoxv it would burden them and I don't know that a neighbor's granting or not granting of an easement should have any ilnpact on the decision to grant a variance in this situation. They're completely separate issues. Additionally, another neighbor pointed out that they had looked at this piece of property and decided not to purchase it because the dock rights were uncertain and they didn't '`'`'ant to go through the variance process. Again, that was that individual's decision to pursue another piece of property. Pay a higher price with assured dock rights. And City Council Meeting - August 28, 1995 finally there's a couple other concerns that are indicated in the letter from the neighbors and I'll address those in a cou'ple minutes. I'd just like to take a couple minutes here to set forth that what we're requesting in this variance. We're requesting a variance from the city's dock setback requirements so that we can reasonably utilize our property. We feel the request is reasonable in that we are xvilling to significantly limit the rights that might be associated with that Variance by writing specifically into the variance limitations, and I indicated this in a memo I delivered to you last Friday. Limiting the length of the dock to that necessary to reach acceptable depth to moor a boat. We are willing to limit the dock to support only one boat. And we are willing to limit the length of the boat and the size of the motor associated to the boat to a practical size.. We understand that some of the neighbors have indicated a concern regarding boat traffic on Christmas Lake and we feel that, we understand the concerns and we feel that we're addressing them by placing these limitations on the variance. Additionally, Christmas Lake has a public access. The addition of a dock and a boat is going to have a neglible affect on that boat traffic on that particular lake. I know another concern in granting variances is the precedent that might be set. Variances by their reD' nature are fact specific. Unless another situation comes up where the facts are significantly the same as this situation, there is really no precedence set. Additionally, there is currently no similar situation on Christmas Lake. If you have any questions with regards to my comments or the fact.~ surrounding the case, I'd be happy to answer them at this time. Again, I'd just like to have a couple minutes after everyone else has spoken to address any new issues that might come up. Mayor Chmiel: Good, thank you. Is there anyone wishing to address this that is in opposition of granting the variance? Jim Lord: Mr. Mayor, members of the Chanhassen City Council. My name is Jim Lord and I'm here representing the iniercsts of my parents, Miles and Maxine Lord. We're here to urge the Council to deny this variance. Historically I've lived at this piece of property. My parents have lived there. I'm there all the time. I'm here to tell there is no continuous dock. The petition that we have supplied the Council, signed by actually about 20 people, welcoming Ms. Sprau to our community, and we truly do. But requesting, this ,,vas requested to the Board of Appeals, that this variance be denied. And also noting that there...that the property in question never had a dock. And I think probably what started out...Ms. Sprau was really based upon the real estate agent's representation to the staff that there had always been a dock on that 10 foot parcel. But the applicant then was questioned by Councihnan Berquist at the City Planning Commission meeting about what her intent was about the property. If there was any...short excerpt from... Councilman Berquist: Well, if there's no dock rights with the property, is the property still, I mean are you going to continue to subdivide it? Ms. Sprau: Ah 3reah. I should have made that point as well. We would like this to sort of be considered as a separate issue to the subdivision. I don't know that it's necessarily integral to the subdivision itself because we are still interested in the property without the dock rights. Now, I really believe that there is some relevance to what the views of the neighbors are. Including other easements on the property. Mr. Joe Shneider is here. He was the new owner of the adjacent property who appeared before the Board of Appeals to urge that the variance be denied. What Ms. Spra'u was referring to is an easement already that burdens the Lord property. Back some time in the 1970's, it' you picture looking at Christmas Lake from my folk's house. They gave to this city an easement for a sewer system, down the side and across the property. Gave it to the city. And along with that was a sewer lift station. Which we don't complain about. It's there but it does create a bit of an odor sometimes so our family in our tYequent gatherings down at the lake, sit on the side of the property adjacent to Ms. Sprau and eat. And for the city to, it would put a burden... The same city that they gave this easement to, if they would turn around and throw"the burden of property with this dock...something I don't think my folks would...so I'm here to urge this Council to follow the recommendations of the Board of Adjustments and Appeals and...ask the Chanhassen residents to sign a petition...thank y.'ou. City Council Meeting = August 28, 1995 Mayor Chmiel: Thank you, Is there anyone else? Joe Shneidcr: Mr. Mayor, members of tile Git5'. My name is Joe Shneider. I otvn the property at 1035 Holly Lane and I've been involved in this for a little bit of time but rather than...tvhen I asked the realtor for the letter from the city verit~'ing that there had been a dock and I could get a dock for this property if I bought it. So I was the one that chose not to go forward, and I can tell you now after having used the, oxvned the property for, since May 1st and have used it all summer, there isn't a heck of a lot of' room there. I mean nobody's sitting up there with a view or' the lake with a picture or anything that could talk about the hardship but there isn't a lot of room. And so I also am urging the City Council not to grant the variance. I sit here from my point of view, thinking about what is the purpose of the dock. I'm sorry, what is the purpose of a setback requirement for a dock and I presume that it's so there's not an infringement on either side... If it's a 10 foot strip of land and there's supposed to be a 10 foot setback on each side, that means 30 feet of that frontage to have a 10 foot wide dock. If you put in a 4 t¥ot wide dock, you'd still need 24 feet. We're at 10 feet with the property so one or the other...14 feet, or 13 feet or whatever size dock you want to put on is going to take away from some of this property. It' you then think about mooring a boat there, well you're going to take more... It just doesn't make radical sense to me that you can not have an easement, grant an easement on the property and have a variance that doesn't have a hardship on the neighbors. So thank you for your consideration. Mayor Chmiel: Thanks Joe. Anyone else'? Ed Szalapski: Members of the committee, thank you very much for your time. My name is Ed Szalapski. I'm a property owner on Christmas Lake and a member of the Lakeowners Association. I'm here to oppose the variance this evening. Like Mr. Shneider, we were shopping for property last year and visited the property in question and found that there was no evidence that there had been a dock there and it's very visible to anybody who goes there. I assume that in addition to not imposing upon neighbors, the setback requirements are also written to preserve the quality and the biology of the lake. Obviously we do not want the lake to become over developed and over crowded. Christmas Lake is a beautiful lake but it's at a crossroads right nov,,. Phosphate levels are at record levels. Silt levels are high and we're currently engaging in formulating a management plan to help preserve the beauty of the lake. If we start letting people with 10 feet of land put a dock and a boat on the lake, the lake isn't going to last very long and that's why I oppose the variance. Thank you. Mayor Chmiel: Thanks Ed. Anyone else'.) Jori Joseph: My name is Jon Joseph. I live at 6290 Ridge Road in Chanhassen and I've also here to oppose the variance. Christmas Lake has recently put in a public access. That public access had a limited number of parking spaces. Those parking spaces were not limited by...they were limited by the DNR. There was a definite survey of the lake as to boat traffic. There was a reason why they didn't put more than 7 spots at that boat access. Because once the lake gets over utilized, nobody has fun. Right now Christmas Lake is already over utilizing their public access. People have found different ways to park and move it outside that public access and flood the lake with boats. The last thing this lake needs is a variance to add more boats to it. I feel vet)' sorry for tile buyer because perhal)s the property was misrepresented to them. I enjoy having new people in the neighborhood. In fact I'm a new person to the neighborhood but I can tell you that the recreational and quality aspects oi" this lake are definitely being taxed already and there is certainly no reason to have a variance to add more boats on this lake. ri'hank you. Mayor Chmiel: Thanks Jon. Anyone else? 10 City Council Meeting - August 28, 1995 Jack Fess: Good evening Mr. Mayor, City Council, guests. I'm Jack Fess and I live at 6280 Ridge Road and I'm the person that wrote the cover letter...for that reason. I wanted to get up here and talk a little bit about it. I personally walk thc lake and there's only two homeowners, outside of Joe and outside of Miles himself that I did not contact and those two people basically, Frank Beddor was one and the other neighbors were out of town at the time. I've lived on 6280 Ridge Road and look directly across the lake into Miles' house and into this parcel of land since March of 1983. I probably spend more time on the lake than anybody else because I'm an avid waterskier and I literally spend all summer on that lake. Day in and day out. I'm also the member of the Board of Christmas Lake Association. I'm also the Water Safety appointed person to try to keep some... neighbors. The reason I'm here, it has nothing to do with land values. It has nothing to do with public access, which I was involved in to some extent when that went in. I'm basically here to basically say that I 'know the person that owned the property very well. He's done work for me. He never had a boat. He has a dock that is...and there never has been a boat on that lake. In tact he never was on the lake. He has a Bobcat. His name is Mr. Chips. Some of the folks in the room might know who he is. He's a small time contractor. Very nice guy and he never owned a boat as long as I've known him. There is marshland next to this property and when we said never, we're basically saying in the last 10 to 12 years, 13 years we have not seen anything. I can't speak past that. I will say tl}at the guy did tell me when he was a young boy and lived on the lake there was a dock there, and this particular fellow today is about 46-47 years old. When I questioned him and said, have you seen a dock there in the last 10 or 12 ,,'ears, the answer was no so I'm only here to basically let everyone 'know that I, and my neighbors that signed tl~is, basically have not seen any activity there. No dock there. Now xve have a number of variances like this left on Christmas Lake and most of them were over in Shorewood. I can tell you that those properties are very, ver3~ valuable. The difference on a piece of property on the Ridge Road, east side of Ridge Road in either Cl~anhassen or Shorewood, that has one of these variances, the dock has been maintained. It's probably the difference of $200,000 in a piece of property. That's a heck of a lot of money. Dr. Jim Meyer who will be at this meeting on his subdivision, has one of the few variances that's on that lake for his house. Walk across the street and there is a variance and that variance has been there, as long as I've lived there, but he has maintained that dock with a boat eveu~ year since I've been there and there's a beautiful dock down there. Do I'm only here to say basically that I will test, along with my neighbors that we have not seen any activity. Thank you. Mayor Chmiel: Thanks Jack. Anyone else? I'll give you 5 minutes more. Julie Sprau: Oh, I don't even need that. This will just take a couple minutes. All I ask is that a couple times again it's brought up whether or not there's ever been a dock there. I'm asking for a variance. Whether or not a dock has existed, that's something that I'm not going to dispute or have evidence for or against. We're asking for a variance. We're asking for a minimal variance. We have asked, we have set some pretty significant limits on it. Again, whether or not another party was granted an easement to the city should have no impact on this variance request. This is not a...system. And someone else's decision to pursue another piece of property, was their decision. We decided to pursue this one. We weren't going to throw the baby out xvith the bath water. We signed a contract, a purchase agreement to buy that piece of property. We were afraid if we backed out, they'd sue for breach of property. Not a pleasant thought. We decided to make the effort, take the time, pay the expense to pursue this varia'nce. Other than that I think my previous comments speak to the variance issues and I'd just ask that this decision be made on the variance criteria which have nothing to do with whether or not there was a dock previously or how that property was used in the past. Thanks. Mayor Chmiel: Thank you. Okay, with that we'll bring it back to Council. Mark. 11 City Council Meeting - August 28, 1995 Councilman Senn: Kate, can you hello me'? What's the history on the 10 foot'? That seems kind of odd that that was done in the First place. Kate Aanenson: That came recently when we were doing tile, putting the non-conforming beachlots back into compliance with the narrow t¥ontage requirements. We went through and permitted all of those. We amended the code to provide tbr the dock setback. Agaiu, in those instances where you've got the narrow frontages, there was a lot of concerns l¥om people on the lake where they had the narrow frontage and they ,,,,'ere crossing over other people's property and safety issues. Councilman Senn: No, I'm sorry. I meant the 10 foot as it relates to the plat. Where there's a 10 foot strip down. Kate Aanenson: What's th,2 llistory of that? Councilman Senn: Yeah. To the link right there. Isn't that unusual? Kate Aanenson: Well yeah, that's 75 Feet now. That's what she's stating. That that's been there for a number of years, correct. Councilman Senn: When was tllat done? John Rask: The plat was done I believe in 1929. When that change came into effect, probably ,,','as about the time we adopted zoning, or the shoreland. Councilman Senn: So thnt 10 foot strip's been there a long? John Rask: Yeah. Since the, probably sometime after that it was created. 1929 or. Councilman Senn: That's it l:'or questions. Mayor Chmiel: Okay, Mike. Councilman Mason: I don't have any questions, no. MayorChmiel: Colleen. Councilman IBerquist: No, I don't have any questions. Mayor Chmiel: Alright. Everybody understands tile issues and I'm sure that, as it's written within the staff recommendation, that tllere is insuFt'icier~t area for the dock setback. It's 10 feet. 10 feet from either side. I ren'tember going through this t'or a long period of' time. Those of us ',','ho xvere on the Council and there were a lot of irate people tllat were in here. That's a nice way to put it. And we listened. And we did an awful lot of work on that particular ordinance. We massaged it. We worked it. We tried to do what we thought was best within the community and I guess it will come up right now to see whether or not that will stand. I think the dock ordinance is a good one. I think for what we went through, and the time involved to really understand it, took a lot of understanding and I think we're probably at a point now to say, whether or not this variance can be requested or not. So I'm going to ask tk~r a motion in regard to this proposal. 12 City Council Meeting - August 28, 1995 Councilwoman Dockendorf: Well, I will make a motion after making a few comments. Like you stated, these non-conforming beachlots and all ihe requests, or all the problems that we've had in getting this variance in and listening to people, it's been a headache and it's been hard because there's been a lot of proof back and forth. Was there a dock'? Was there not'? And we've been through this whole argument before so I'm very glad Ms. Sprau that you relieved us of that duty and really cut to the crux which is whether this is worthy of a variance. And I'm sure the original platting of the land with that 10 foot strip was to give access to the lake. I mean there's no other reason. However, since the ordinance has been put in place, I'm relying on what the applicable regulations are to granting a variance and it specifically states that we may grant a variance, City Council may grant a variance from the dock requirements xvhere it is shown that by reason of topography, soil conditions, or other physical characteristics of a lakeshore site, it would cause an exceptional or undue hardship and I don't see that applying in this case. There are no topographical or physical characteristics or soil conditions. It's simply how the piece of land was plotted so I don't find, I don't honestly find any reason to grant the variance so I would move that we deny the request. Mayor Chmiel: Okay. Councilman Mason: I concur completely with Colleen's comrnents so I'll second that motion. Roger Knutson: Mayor? Mayor Chmiel: Roger. Roger Knutson' Just as a, in the past sometimes we've gone to formal findings when we deny variances. In this case I don't think, unless you decide to do so, I don't think it's necessary. But just to sum up, so we have a clean record of this, if anyon~ asks the basis for denial. I'd suggest that there's a reasonable use of the property. That you can put a house on it. And second, technically it's a self created hardship because they purchased the property knowing the restriction on it's use. And if you want to incorporate that in your, as your findings, that would, nfight be appropriate. Mayor Chmiel: Okay. Now let me ask the question too Roger covering some of that, as we go through the recommendations of staff, we have items 1, 2 and 3. Roger Knntson: You're right and incorporate the findings as set forth. Those two reasons plus the findings as set forth in the planning report. I think you've got all the bases covered. Again, not suggesting how you want to vote. If that's the way you want to vote, then it'd be a good reason. Mayor Chmicl: Okay, with those additions added and would the motionee accept those conditions'?. Councilwornar~ Dockendorf: Absolutely. Mayor Chnfiel' And the second? Councihnan Mason: As will the second. Mayor Chmiel: Okay. With those exceptions as indicated by Roger with the recommendations also of staff. 13 City Council Meeting - August 28, 1995 Councilwoman Dockendorl' mo;'ed, Councilman M,'tson seconded to deny Variance Request #95-7 for a dock variance based on the foll,n'ing findings: 1. The applicant has reasonable use of the property with tile existing home and access to the lake. 2. The previous owner let tile non-conforming dock rights expire by not maintaining the non-conforming structure. 3. Tile construction of a dock on this parcel would increase tile non-conformity of the lot. 4. Tecl'mieally it's a sell.' created hardshi1) because the applicant purchased the property knowing the restriction on it's uso. All voted in favor and the motion c,'mied unanimously. REQUEST FOR INTERIM USE PERIMIT FOR THE FILLING AND STABILIZATION OF AN EXISTING RAVINE ON BLUFF CREEK GOLF COURSE~ GRADING PERMIT FILE NO. 95-4. Public Present: Name Addtess OalT Ar~derson Jim Sabinske Norman T. Berglmld Claire & Anne Vogel Dale Gunderson Gloria Bovnton 725 Creekwood 775 Creekwood 1025 Creekwood 815 Creekwood 845 Creekwood 777 Creekwood Dave Hempol' Thank you Mr. Mayor, members o~' the Council. We have an application submitted to the city by the Bluff Creek Golf Course Association for an interim use permit for filling and stabilization of an existing ravine at Bluff Creek Golf Course. Due to tile size of the ravine, this project could be going on for many years as clean fill material becomes available. The interim use permit would be reviewed and renewed annually for COlnpliance with tho conditions of approval. This project will be restoring and enhancing the bluff line which has been severely eroded over the past years. On August 2, 1995 this item was before the Planning Commission. A number of residents appeared to voice their concerns for dust control, the amount of fill, conditions of the street, hours of operation, and monitoring of the fill placement. The Planning Commission directed staff to meet with tile neighbors to discuss the hours of operation and the days of the xveek hauling may occur. Stat't' has received back numerous letters and telel)hone calls from the residents with their concerns regarding hours of operations. As expected, there was no uniform or set period that would satisfy all the residents. However based on tile survey, tile responses by tile telephone, it appears that no hauling should occur on Saturdays or Sundays ~nd the hours of operation be restricted to 8:00 a.m. to 4:00 p.m. during the week. Another aCCel)table altel'nativc would be to limit the days of hauling to 3 days a week, such as Tuesdays, Wednesdays and Thursdays, t¥om 7:00 a.m. to 6:00 p.m. Another major concern was dust control. One of the conditions that were placed by the Planning Conamission was that the driveway access be paved. I've been informed by tho rtptolicant that they are proposing to go ahead with pavil-~g of the driveway prior to an}' filling operation. And the paving is proposed to be done in tile first week or two of September, pending weather 14 City Council Meeting - August 28, 1995 conditions of course. Staff requests City Council consider two addendums to the conditions of approval by the Planning Commission. Those conditions are number 10 and number 17. These modifications to the conditions of approval have been made, are noted in bold type. With these changes, staff is recommending approval with the conditions outlined in the staff report. Thank you. Mayor Chmiel: Good. Any questions? Councilwoman Dockendorf: Yes. On condition number 17. I'm just trying to figure out if we get our, a mega storm on Halloween, will that stop the work as well? Dave Hempel: That would halt construction, given that magnitude of snow, yes. Mayor Chmiel: Any other questions? Is the applicant here2 Norman Berglund: Yes. Mayor Chmiel: Please step forward and state 3'our name and 3'our address please. Norman Berglund: My name is Norman Berglund. I'm a general partner in the Bluff Creek Golf Association. I live... I haven't seen the conditions as proposed by Dave but I think we should go back to what the original intent of this request is. We have a condition that's existing, a ravine that's been there for many, many years. That's been eroding. What we want to do is maintain the existing bank plus, over a period of time. I don't think we're going to get a lot of fill in right away but over a period of time we'd like to start to fill that ravine and restore the damage...top of the bluff to basically it's original condition. I assume this will take many years. As far as the neighbors have expressed concern over when the hauling will take place. Right now our plan is, we're not going to buy fill. We're going to take fill as it becomes available and there may not be any available for months and months. We don't know. But we're going to take fill as it's available and we will deposit it accordingly to the...set forth by the Watershed District and Mr. Hempel. But this restricting to three days a week, what is it Monday, Wednesday or Friday, or whatever it is. Dave Hempel: Tuesday, Wednesday and Thursday. Norman Berglund: I think that's an unreasonable restraint. We should be allowed, on Saturdays and Sundays no pl'oblem .... but I think we should have...5 days a week as the fill becomes available. If we're not, we're doing this primarily to help our situation for drainage and it xvill also help the overall condition of the bluff... The concern with us is, that's been a problem for us for years and we've been planning to pave the road. Tomorrow morning, weather permitting, we'll start paving the driveway. So we'll put the driveway in tomorrow. However we have a little, our concern betk)re, on the driveway was, we put the rock in, it's been wet. It's been raining on and off just enough to cause some difficult base conditions during the summer so we're concerned that we've got some weak spots in the base, and we're going to put a 2 inch mat down this fall and then we'll let it stabilize and settle. Go through the frost cycle and then in the spring we'll check and repair the damage spots and then go over it with a I inch wearing mat. So it will be, the dust will be abated this week. And I would request that we have hauling rights 5 days a week. Not Saturdays and Sundays. We don't need that. And the fill will come in as available basis. Like I says, we may not get any at all this 3'ear. If the conditions, a lot of the projects this year have ah'eadv taken care of their excess material. So we also, is this, the term of this is for one year fron~ the date of appi'oval? Okay. So I would that we be given 5 days a week and this project, we're paving 15 City Council Meeting - August 28, 1995 the road tomorrow. The dust problem should be solved. Will be solved and I think this filling of this, and stabilization of this ravine over a long period of time is going to better the community. Thank you. Mayor Chmiel: Thank you. Is there anyone else wishing to address this issue at this time? I think all the calls that I've gotten on it, a lot of you were more concerned with getting that mat down than anything else. Gary Anderson: I'm Gary Anderson. I'm at 725 Creekwood and I'm speaking for some of the neighborhood there and we're hal>py to see that there will be a... I think that's one of our concerns Norm. One of the other concerns would be, as tk~r as if somebody sells their house and they look in the Minutes of this meeting knoxving that there might bo dulnping in that area, and how long will it take to fill this ravine to stabilize it. That's a concern that some of the neighborhood has and knowing the quality of fill that goes into that ravine, I think that's another issue that I think you all have in the packets there. I think the number one thing for some of the neighbors is thc fact tlmt...al)preciate the fi~ct that... We all understand the bluff with the erosion and the watershed...dozen ravines just like it up and down that same ravine... I think the Vogel's grandfather, he founded most the land in Chanhassen. I wouldn't be surprised...to fill all the ravines so our concern, the number one concern was to have it blacktopped and it' that's the case, it's up to the Council whether or not you... Whatever you folks decide and we'll go along with it. Thank you. NormanBerglund: Mr. Mayor? Mayor Chmiel: Yes. Norman Berglund: N4av I make a comment. This will not be a dump. This is clean, select fill. Mayor Chmiel: I>,,ight, good point. Thank you. Anyone else? If seeing none, we'll bring it back to Council. It appears that most of the things hax'e been worked out. The two addendums that Dave had indicated into the proposed recolnmendation, is there a motion to approve? Councilman Senn: I have a question for staff first, if I could. Mayor Chmiel: Okay; clarification. Councilman Senn: David, in terms of 18. Does that basically mean that we're going to go out and do an annual inspectio,~ of that roadway and make sure it's in good condition before xve renew each year... Dave Hempel: Mr. Mayor, members of the Council, that is correct. What we've planned on doing is actually videotaping the sari'acc of the road to document any. Councilman Mason: That sounds pretty exciting. Councilwoman Dockendorf: I also have a question. Will we be inspecting the fill'?. I mean I have 4,000 yards of fill in my front yard and we tried to plant a tree and we run into concrete so, are we planning on making sure it's clean fill or x:'hat control measures do we hax'e in place? Dave Hcmpel: I believe there's a condition in here that the applicant must notify the city every time that they're going to be filling out there. 16 City Council Meeting - August 28, 1995 Councilwoman Dockendorf: Do we have any intention of going out and inspecting this fill? Dave Hemp¢l: We will make periodic inspections out there to see if the site is being restored in accordance with the plan. 1 believe the Watershed also will make periodic reviews. Councihnan Senn: Do you want the 5 days versus the 3 days stated'?. Dave Hempel: I believe condition number 4 states the Monday thru Friday, 8:00 thru 4:00 p.m. Mayor Chmiel: Okay. Any other questions'? If not, is there a motion? Councihnan Senn: Move approval. Councihnan Mason: Second. Councihnan Senn moved, Councilman Mason seconded to appiuve Interim Use Permit #95-1 for Bluff Creek Golf Comse '.ts shown on the plans l)relmted by Schoell & Madsen dated June 6, 1995, revised June 7, 1995 (received June 29, 1995) and subject to thc following comlifions: 1. The applicant shall be required to provide the City with a letter of credit or cash escro~v in the amount of $5,000.00 to guarantee maintenance of erosion control, site restoration and street cleaning. The financial guarantee shall be released upon completion of the project. 2. The applicant shall l'ence the top of slope area for safety purposes and to discourage/prohibit unauthorized filling after hours. 3. The site will be subject to periodic reviews by the City and inspections to ensure compliance with the conditions appropriate to ensure health, safety and restoration. 4. Hours of operation shall be 8:00 a.m. to 4:00 p.m., Monday through Friday, with no work on Saturdays or Sundays or legal holidays. 5. Erosion control measures shall be installed prior to commencement of any filling operation. Erosion control measures shall remain throughout the project until the slopes are fully revegetated and removal is authorized by the city. 6. All disturbed areas, as a result of this construction, must be restored with seed and disc-mulched, sod or wood-fiber blanket within two weeks from the completion of construction or no later than November 15, 1995. 7. All fill material to be placed in the ravine must be clean fill free of any debris. Clean fill consists of clay or granular type soils. No organic or landscaping debris, asphalt or concrete larger than one foot in diameter will be permitted. All unsuitable material discovered must be removed by the applicant as direct by the City. 8. The applicant shall comply with the Riley-Purgatory-Bluff Creek Watershed District's permit. 17 City Council Meeting - August 28, 1995 The applicant shall daily clean dirt and debris from streets that has resulted from construction work by the applicant, it's ~gents or assigns. It' the streets are not maintained, the city shall use the applicant's security escrow to hire outside forces to complete any necessary work. 10. This interim use permit shall be renewed on an annual basis. The permit shall expire one (1) year from the date of City Council apl)royal. The applicant shall contact the City to request a formal extension 45 days prior to expiration. The renewal permit shall be subject to City Council approval for renewal. 11. The applicant shall reimburse the cit,,,' for all costs incurred in the enforcement of this permit including engineering and attorney's fees. 12. The applicant shall hold tile city and it's officers and employees harmless from claims made by itself and third parties for dam~ges sustained or costs incurred resulting from permit approval or work done in conjunction with it. The apl)lication shall indemnify the cit.,,' and it's officers and employees for all costs, damages, or expenses that the city may pay or incur in consequence of such claims, including attorney fees. 13. In the event of default by the applicant as to an5' of the work to be performed by it hereunder the city, at it's option, may pcrlbrm the work and the applicant shall promptly reimburse the city for any expenses incurred by the City provided the applicant is first given notice of the xvork in fault not less than four days in advance. This permit is a license tk-)r tile city to act and it shall not be necessary for the city to seek a court order for permission to enter tile land. If the cit.,,' does any such work, the city may, in addition to other remedies, assess thc cost in whole or part to tile property owners. 14. The applicant must notify tile city engineer in writing a minimum of 48 hours prior to project commencing. 15. The site shall be graded in conformance with the approved ravine restoration plan prepared by Schoell and Madson dated June 6, 1995, revised June 7, 1995. 16. Prior to commencement o£ the project, tile access road shall be paved. 17. No work shall occur t'rom November 16th through May 15th. 18. Git5' staff shttll do a tbrmal survey of the road prior to tile commencen-~ent of the project and monitor road conditions and address any.' necessary repairs in a timely fashiol-~ for the residents. All voted in favor and the motion canied unanimously. SITE PLAN REVIEW OF A 9,161 SQ. FT. OFFICE/WAREHOUSE FACILITY ON A 1.57 ACRES LOT; LOT 2, BLOCK 1, CHANHASSEN BUSINESS CENTER 2ND ADDITION; HIGHLAND DEVELOPMENT~ INC. Kate Aanenson: Thank you Mayor, members of the City Council. This is the third business site plan review that the Council has seen in this industrial park. The proposed building is approximately just under 10,000 square feet with a possible expttnsion of additional space. It's at about the same grade as the railroad tracks. I'll let the al¥)licant go through the design of tile building itself. The Planning Commission had tabled this for additional landscaping and the concern about the no painted stripe. The applicant has revised that and is using a method to al>ply that stripe that we believe provides the durability which we were looking for in this industrial park. Thc stalT ix recommending approval of the project with the conditions as outlined in the staff report. 18 City Council Meeting - August 28, 1995 Again as I indicated, the one issue was the additional landscaping. Because of the base of the building'is at grade with the raih'oad tracks, making sure that it's screened properly so unless there's specific questions, I'll let the applicant go through the design of the building itself and I'd be happy to answer any other questions. Mayor Chmiel: Alright. Does anyone have an.,,' questions of Kate? Okay, would the applicant please step forward and state your name and your address and who you're representing. Bernard Herlnan: Mr. Mayor, members of the Council, my name is Bernard Herman from Bernard Herman Architects from Minneapolis. Also present with me is Mr. David Obee from Highland Development. We'll make a brief presentation. Actually when I got here tonight I was reluctant to even make any presentations because I happened to have an opportunity to read the staff report which it's the first staff report I've seen that actually publishes word by word the Minutes of the discussion that took place at the Planning Commission. So as I started to look at thai', I felt there was nothing more to say that would be anything new. Mayor Chmiel: We've also read those. Councilman Mason: That's okay. Bernard Herman: In fact it threw me off because when I read the Minutes and saw the speech patterns that... presenting to the Planning Commission, I almost didn't want to come tonight. I don't talk that way. If you look at the site plan, at the...which we put in color form and might be more, a little more easy to read. You can see at least from the landscaping indicated here, the extensive amount of material that is not present on the site. What we've done when we've rendered this is we've shown the new trees in a darker color green. I'm not sure how discernable that is fi'om your vantage point but just to point out that we added two additional trees in this area to further enhance the screening of the building and the dock area. And we've added 6 additional trees along the side property line which faces the ravine. And xve have an additional 5 trees at the comer of the site. part of our discussion.~ with Planning Commission is to why they're located the way they are. It has to do with the way the building is sited. So maybe I'll just mention that. If you notice that the building is kind of set back from where the front property line would fall. Located in this proximity so that it will allow us to expand both the office building in this area and the warehouse expansion in this area. We just tried to get this building situated so we had some t'lexibilitv with expansion and that's part of the reason this site is the way it is. Parking areas is pretty self explat~atory. Most of our visitor parking is along this area. The building is strongly oriented to the cul-de-sac, as you can probably...I don't want to belabor the point of the site plan any further. I think at this point I'll also monition what we did with the exterior elevation, which is the drawing at the bottom. The company has a two blue color. Two tones of blue coloring in it's logo and we were interested in developing that as the basis of our color scheme for this building. And so you can see that, or maybe you can't. Below the windows you can see kind of a lighter off blue and then there are two stripes which are a darker blue. Basically thos~ are the two colors of blue that's in the company logo. We've taken that and built around it by working with the gray building, both in terms of the drivit stucco finish on the office, and then the natural concrete finish on the warehouse. That's further enhanced by this, I think Kate has mentioned this product that we're using for the warehouse building is this interrupted smooth surface on the warehouse that will have the special coating in the dark blue, which has a great deal of wearability... The look that we're trying to create out of this building is more of a high tech feel. So thus you see the grays, the blues. The two tone blues. The natural...anodized aluminum on the metal and so on. All of this is geared to provide that kind of look, which we think has been achieved. Basically our lighting, is wall pac light fixtures that are mounted on the building. I'm not sure what other items of intcr~st you max,' have as far as the project is concerned. I think I've touched on most of the issues that were discusseci at the 'Planning Commission and were our concern in the design of the 19 City Council Meeting - August 28, 1995 building so rather than dragging this on, I would rather just refer it back to an5' questions that you may have about the project or Mr. Obcc is here to answer any questions that you may have about the operation. And so at ti-tis point I'd throw it b~tck to >'oct. Mayor Chmiel: Okay, thank you. Kate, I'd like to make sure that either of the plans have the architect or the engineer's signature on them~ They're not done at tiffs particular time, or at least the ones that we have. Steve. Any questions. Councilman Berquist: This is, it's staked now, is it not Mr. Herman? Bernard Herman: Is it /;'lnat? Councilman Bcrqt. ti.st: Tine property is-staked. Tine building outline is staked. Bernard Herman: The la, st time I drove by, I couldn't tell...You mean as far as the corners? Councihnan Berquist: Yeah. I was riding my bicycle down in there and. Bernard Herman: I don't kno/v ii' you hapl:,en to know ti'tat Dave. When I ,,,.,as by, I got as far as, I ',,vent down to Power Svstelns and I was kind o£ visualizing, looking at this but I couldn't tell whether it ;vas staked or not. Obviously the work h~s been done, and it ,,'er5' well should be. Councilman Berquist: Just give, rne a point of reference. Where is the railroad relative to the site? David Obee: Due north. Councilman BCrcluist: So it rut'ts kitty wampus tlnis way. Kate Aanenson: This is the last, tlnis is tile 2nd Addition. This is the line right here. This is the last one in this addition and then tile railroad tracks. This is the cul-de-sac where you're seeing the visual. Councihnan Berquist: Has tlnat been staked? Bernard Hero, an: Well there's a lot oF grading going on right now. It's probably a foregone conclusion... starting tile grading~ There's real(,,' a lot of work to do there right now. Councilman Bcrquist: i was down there and i'm looking arotmd nt various things and given the business I'm in, I look at ti'mt kind of stulT anyway so I wondered it' tlnat was, I thought that that was probably the site. Bernard Herman: It's real, it's a narro/v site so you can kind of lose it in the overall topography. Councilman Berquist: In regard to any other questions, I don't. I think it's, the Planning Commission approved it. I don't see any reason to. MayorChmiel: Colleen? Councilwonaan Dockendorl': No questions, No comments. 20 City Council Meeting - August 28, 1995 Mayor Chmiel: Mike. Councilman Mason: No questions. No comments. Mayor Chrniel: No comment. No questions. Councihnan Senn: Do you want a motion? Mayor Chmiel: I'll ask for a motion. Councilman Mason: Move approval of site plan review for Lot 2, Block 1, Chanhassen Business Center, 2nd Addition. Councilwornan Dockendorf: Second. Mayor Chmiel: With the tk~llowing recomn~endations of staff. Councihnan Mason: With the conditions stated in the staff report. Councihn',m Mason moved, Councilwoman Dockemloff seconded to al)pro'ye Site Plan #95-11 for Highland De'velopment, plans dated 6/19/95 s¥ith bulhling elevations and landscaping plans revised 8/4/95, prepared by Bern:mi Herman A~rhitect.s, Inc., subject to the fi~llo~'ing conditions: 1. Fire Marshal conditions: a. Submit technical data to Fire Marshal which spells out processes, product commodity manufactured and warehoused. This is used to determine tire sprinkler design density. b. Add one fire hydrant on the east corner of the building. Contact Chanhassen Fire Marshal for exact location. c. Comply with Chanhassen Fire Department Policy #04-1991. Copy enclosed. "Notes on site plan". d. Comply with Chanhassen Fire Department Policy #07-1991. "Pre-Fire Plan". Copy enclosed. e. Comply with Chanhassen Fire Department Policy #29-1992. "Premise Identification". Copy enclosed. f. Comply with Chanhassen Fire Department Policy #36-1994. "Combination Fire Sprinkler/Domestic Supply Pipe". Copy enclosed. g. Comply with Chanhassen Fire Department Policy #40-1995. "Fire Sprinkler Systems". Copy enclosed. 2. The applicant shall supply the City with detailed stormwater runoff calculation for a 10 year storm event. 21 City Council Meeting - August 28, 1995 The al:)i'~licnnt shall enter into an encroachment for the landscape plantings within the utility and drainage easement along the east prol:~el'ty line prior to issuance of a building permit. No landscape plantings shall be placed over the city's utility lines. 4. The plans shall include a rock filter construction entrance with the city and provide the necessary financial security to guarantee con'~pliance with the terms of approval. 5. The applicant shall enter into a site development contract with the city and provide the necessary financial security to guarantee compliance with the terms of approval. , All roof mounted equipment shall be screened by wails o£ compatible appearing n-taterial. Wood screen fences are prohibited. All exterior process machinen.', tanks, etc. are to be fully screened by compatible materials. As an alternative, the applicant can use factory applied panels on the exterior to the equipment that would blend in with the building materials. All freestanding signs shall be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect with the quality of the development. A con-tmon theme xvill be introduced at the development's entrance monument and will be used throughout. Each property shall be allowed one n-tonurnent sign located near the driveway into the private site. The monument sign must maintain a ten foot setback from the property line. The signs should be consistent in color, size, and material throughout the develol)ment. The applicant should submit a sign package for staff review. A separate permit is required for all signage on site. Lighting for the interior of the business center should be consistent throughout the development. A decorative, shoc box fi×ture (l-~igh pressure sodium vapor lamps) with a square ornamental pole shall be used throughout the development area lk~r area lighting. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 tbot candle at the property line. This does not apply to street lighting. Lighting equipnaent similar to what is mounted in the public street right-of-ways shall be used in the private areas. Wall FmC units may be used provided no direct glare is directed off-site and no more than 1/2 foot candle of light is at the property line. All voted in favor and the motion carded unanimoush'. PRELIMINARY AND FINAL PLAT APPROVAL SUBDIVIDING OUTLET B, MCGLYNN PARK ADDITION, A 8.79 ACRE PARCEL INTO ONE LOT OF 1.15 ACRES AND ONE OUTLET OF 7.64 ACRES~ SITE PLAN REVIEW OF AN 8,044 SQ. FF. BUILDING; AND A CONDITIONAL USE PERMIT FOR A DAYCARE CENTER; LOCATED AT MCGLYNN DRIVE AND AUDUBON ROAD; CHILDREN'S WORLD LEARNING CENTER~ INC. Sharmin Al-Jarl': Thank you Mr. Mayor. There are three applications before you with this proposal. A subdivision, conditional use permit, and a site plan review for a daycare center. The site is currently zoned office industrial park. It is bordered by McGlynn Road to the north, Coulter Boulevard to the south and Audubon Road to thc east. A daycare facility is permitted in an office industrial park as a conditional use permit. The subdivision request is fairly straight forward. The applicant is requesting to replat 8.79 acre outlet into an 1.15 acre lot which will house the davcare center and a 7.64 acre outlet. This will be reserved for future development and staff is ~'~ot axvare of any pending applications on ti-ds site. The site plan for the daycare center 22 City Council Meeting - August 28, 1995 is well developed. The building has an area of 8,044 square feet. It is proposed to utilize face brick on all four sides, accented by columns and synthetic plaster band, a canopy and has a pitched roof. The materials that will be used, samples ct' the materials that will be used are right here. This is the brick. '['he plaster and then the shingles that will be used on the roof. Parking for the vehicles is located to the north side of the building. ...will be screened t'rom Highway 5 by berms and landscaping materials as well as future buildings, which will be constructed between McGlynns Drive and Highway 5. Landscaping is generally of high quality. There are certain areas such as the south and west portion of the site that are lacking in vegetation. Staff is recommending additional trees be planted. We regard the project as a reasonable use of the land. Staff is recommending approval of the site plan, conditional use permit and subdivision xvith condition outlined in the staff report. Thank you. Mayor Chmiel: Okay. Thank you. An3.' questions of Sharmin? Hearing none, is the applicant here this evening'? Would yo~t like to come forward? Please state your name and your address and who you're representing. Doug Stahl: Good evening. Mx' name is Doug Stahl with Schoell and Madsen. We're the engineers on the project and also we have Leslie Xrmstrong...fl'om Golden, Colorado if you have any questions you need to direct to her. Basically going through here, the staff report was fairly thorough and covered evers'thing. We really don't have any l;roblems with meeting any of the, xve agree with the requirements. We just have a couple of items here I guess we'd prefer to get a little clarification on. Number 12 of the, I believe it's the site plan review. Regarding the traffic signal. We're looking to see what security guarantees would be required if that went, a project would go would be treated as a standard assessment project or what exactly that would be. Mayor Chmiel: Charles, could you address that? Charles Folch: What we've done in the past, recent past with the office industrial developments going on, we have actually had a calculated, if you will, a contribution fee based on, there's a certain level of traffic that's going to warrant installation of a [raffic signal at that intersection and we think some of it would be the CBC site just to the south. Basically we looked at a transportation analysis projection of what the ultimate traffic would be generated based on ~levelopment and then pro-rated that against the current traffic and the amount of ADT which would require the warrant. And just basically.' pro-rated that against the cost for a signal. And that's how we determined basically the cost share for the signal. Mayor Chmiel: Okay, thank you. Sounds like our normal procedure that we go through. Doug Stahl: Does the security guarantees be required at this time or would that be something that would be taken care of in an assessment process or'? Charles Folch: I believe that we actually had security with the CBC site. Guaranteed payment. Kate Aanenson: ]'hat was put in the development contract, correct. Doug Stahl: So those costs would be spelled out in the development contract? Mayor Chmiel: Correct. 23 City Council Meeting = August 28, 1995 Doug StaM: Just one other item here would be the subdivision, nun.tber 4. The City Engineer may be able to fill you in more on that than... What [ Ul.tderstand now is they're working with the developer about getting plans and specifications to install McGlynn Road at this time. And that would be tied with the development of McGlynn... MayorChmiel: Charles, ifs page 17. Item4 of the Subdivision. Charles Folch: It's my understanding that the underlying development of the property of the overall site will be responsible...public improvements. Doug Stahl: I l'mx'e no t'm'thcr questions. If you \vould have an5, questions of myself or Ms. Armstrong, we'd certainly address them. Mayor Chmiel: Good. Are there any other questions? Steve? Councihnan Berquist: No. I don't think I really do have any other questions. Thank you. Mayor Chmiel: Okay, Colleen. Councilwoman Docl,:endort': I have a couple questions probably for Ms. Armstrong. Will this be affiliated xvith Pillsbur5' at all or is it a completely stand alone business? Leslie Armstrc)ng: I'm sorry, \\'ith who? Councilwoman Dockcndorf: With Pillsbury. The company righton... Leslie Armstrong: No. I u'ould imagine ti'mt we would do everything we could to solicit the business of the parents who lvork there but...as far as 1 know. Councihvoman Dockcndorl': Okay. Have you taken into consideration the truck traffic in that area in selecting this site'? That's my biggest concern. We currently have a huge problem, in my estimation, with the number of semi trailers fi'mt are parked up and down Audubon right nov,' and we're trying to rectify that but there will continualh' be scmi's pulling into the Pillsbury site. Kate Aanenson: Maybe I could address that tbr you Colleen. We have been working with McGlynn's. When the)' did their addition, there was a comn'fitment from them to put a staging area on. They are working on that right now and we're hoping by September 1st that they will have that staging area completed so trucks xvill not be stacking on Audubon. That was a commitment with the expansion and they are working on that right now. They are coming in for another exl:mnsion. We see this getting access, Sharmin has the map up here. Coming back down and tying back onto that frontage road so hopefully access here, possibly over the school and the like would be via another use tbr that east/\\'est connector. But we're hoping as of September 1st, or therein abouts, that we won't have those trucks on Audubon anymore and that's the commitn'tent from Pillsbury too. Councilwonmn Dockcndorf: And ho\v many kids will be, hoxv many slots at this site? Leslie Armstrong: 146 places, 24 City Council Meeting - August 28, 1995 Councilwoman Dockendorf: We need it desperately. I think that was it. Thank you. Mayor Chmiel: Okay, Michael. Councilman Mason: No questions. Mayor Chmiel: Mark. Councihnan Senn: No questions. Looks good. Mayor Chmiel: Okay. I'd like to take this in stages as we have with staff recommendations regarding the site plan review. Is there a motion'? Councilman Senn: Move approval. Councih-nan Mason: Second. Councihnan Senn moved, Councihnan Mason seconded to approve Site Plan Review #95-14 as shown on the site phm ~2ceivcd July 5, 1995, subject to the following comlitions: 1. The materials used to screen the trash enclosure shall be the same type of brick used on the building. 2. The applicant must obtain a sign permit prior to erecting any signage on the site. Provide a detailed sign plan for review and approval. The signage shall comply with the architecture of the building. Brick shall be used on the base ct' the ground low profile sign. . The applicant shall provide a meandering berm with landscaping along the north, west, and south perimeter ct' the site. The height of the berm shall be between 3 to 4 feet. Five more trees shall be planted along the west portion of the site and 6 trees along the southern edge from the city's approved primary or secondary deciduous. A mixture of deciduous as well as coniferous trees shall be planted along the east perimeter of the site. The apl)licant shall also provide staff with a detailed cost estimate of landscaping to be used in calculating the required financial guarantees. These guarantees must be posted prior to filing of the plat. The applicant shall enter into a development contract with the city and provide the necessary financial securities as required for landscaping. 5. Fire Marshal conditions (Refer to Attachment #2 for detailed policies): a. Comply with Chanhassen Fire Department Policy #04-1991 - "Notes on Site Plan", copy enclosed. b. Comply with Chanhassen Fire Department Policy #07-1991 "Pre Fire Plan Policy", copy enclosed. c. Comply with Chanhassen Fire Department Policy #29-1992 "Premises Identification", copy enclosed. d. Comply with Chanhassen Fire Del)artrnent Policy #36-1994 "Combination Domestic/Fire Sprinkler Supply Line:, copy enclosed. 25 City Council Meeting - August 28, 1995 e. Conaply with Chanhassen F'ire Department Policy #40-1994 "Fire Sprinkler System", cop5, enclosed. f. Install and indicate on tile plan a post indicator valve (P.I.V.) on 6" water service. Location must be al>proved by the Fire Marshal. g. Install 2 "No Parking Fire Lane" signs at entrance to parking lot. Contact Fire Marshal for exact location. h. Building and attic space must be fire sprinklered per NFPA 13-1991 Edition. i. YVater main may not pass under the building. 6. The applicant shall provide details on material colors used on the building for review and approval. 7. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. 8. Building OtTiciztl's Conditions: a. Provide recycling space as required by Minnesota State Building Code 1300.4700. Demonstration of con-tpliance n-tar be provided on construction docurnents. Dispose of existing l'ottndation at an apl'~roved landfill. Any roof top equipment should be screened from view s. 9. No bernaing or landscaping will be allowed within anv street right-of-way. 10. Existing wells and/or septic svstetns on site will have to be properly abandoned. 11. Another curb cut for driveway access should be incorporated into the site plan to improve traffic circulation. 12. The installation of traffic signals at the intersection of Trunk Highway 5 and Audubon Road is expected in the next l'cxv years. The applicant shall be responsible or share the local cost participation of this signal on a percentage basis based ttpon tra£t'ic generation from full development of this site in relation to the total tralTic volume of Audubon Noad. Security to guarantee l, ayn'~ent for the applicant's share of this traffic signal for thc entire development will be required. All voted in f;tx'or and the motion carried unani,nously. Mayor Chmiel' Subdivision. Councilman Senn' Move al)proval. Councilman Masou' Second. Mayor Cl-tmicl: \*'ith all tile conditions as contained witl-~in the staff report again. Councilman Senn: Yes. 26 City Council Meeting - August 28, 1995 Councilman Senn moved, Counciinmn Mason seconded to approve preliminary and final lflat for SubdiVision #95-14 for McGlynn Padl 2nd Addition its shown on plat received Jul)' 5, 1995, with the following conditions: 1. Park and trail dedication fees to be collected per city ordinance. 2. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 3. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc- mulched or wood tiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. All catch basins shall be protected with silt fence or hay bales until the parking lot is paved. 4. The applicant shall construct McGlynn Road and install public utilities along McGlynn Road to the west property line of the site. All utility.' and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. 5. The applicant shall provide detailed pre-developed and post developed stormwater calculations for a 10 year and 100 year storln event, 24 hour duration. Individual storm sewer calculations between each catch basin segment 'will also be required to deternfine if sufficient catch basins are being utilized. 6. The applicant shall provide to the city written documentation by a qualified wetland delineator stating that there are no wetlands on the site. 7. The applicant shall apply tk~r and obtain permits from the appropriate regulator3' agencies, i.e. Carver Countv, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Deparm~ent of Transportation and comply with their conditions of approval. 8. The proposed industrial development of 1.15 developable acres is responsible for a water quantity connection charge of $5,014. less any previous storm sewer assessment paid for the Audubon Road improvements. The water quality co'nnection charge shall be waived. The water quantity fee is payable to the City prior to the City filing the final plat. 9. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re-locate or abandon the drain tile as directed by the City Engineer. Ail voted in favor and Ihe motion canied unanimously. Mayor Chmiel' Conditional use permit. Councihnan Senn: Move approval. Councihnan Mason: Second. 27 City Council Meetin~ - August 28, 1995 Councilman Senn moved, Councilman Ma.son seconded to apl)rove Conditional Use Pemfit ~95-2 subject to the following conditions: 1. Compliance with conditions of site plan and plat al~l)l'oval. 2. Obtain all applicable state, county and city licenses. All voted in fitvor and thc motion canicd ummimously. Kate Aanenson: Mayor, just tBr point of clarification then. You'll see the development contract for the plans and specs for this, let thc street and the subdivision will be on in 2 weeks. APPROVE PLANS AND SPECIFICATIONS FOR LYMAN BOULEVARD RECONSTRUCTION AND LA~ RILEY AREA TRUNK UTILITY IMPROVEMENTS; AUTHORIZE ADVERTISING FOR B1DS~ PROJECT NO. 93-32 B. Public Present: Name Addvess Vencil & Cathleen lh'cwitt 421 Lvman Blvd. Charles Folch: Thank you Mr. Mayor and members of the Council. The plans we have, the project engineer from OSM, Mr. \Vavne Houle is with [ts who will provide you with an overview of the primary project elements associated xxith this imlwOVcmcnt. Also to update you on the...construction costs based on...and also to provide you with an updated or revised time table R)r scheduling the road...so with that I'll turn it over to Wayne. Wayne Houle: Thank you Mr. Mayor and members of Council. As Charles stated, my name is Wayne Houle. I'm with ©SM and Associates. I'm project engineer. Dave lvlitchell is the project manager on this project and he's out of state on x'acation and sort'3' that he couldn't make it tonight so I'll give you a brief overview and go through the construction schedule and run through the costs of the project. As you remember, the project has been in house here for al,proximately a little over, actually a little under a 3'ear actually when we came for the first phase, xx'hich basically hooked up the watermain and the trunk sanitary sewer to the Mission Hills development. The second phase, to get ottr bearings a little bit on the general layout of the project. You have Trunk Highway 5 up on the north. L, vnaan Boulevard and Trunk Highway 101 as an existing alignment. The second phase will entail the connection ora trunk watermain utt) along Trunk Highway 5 and it will extend southerly down to the existing 86th Street connection, what we put in this last 3, ear. And then the trunk watermain will also extend from Lake Susan Drive down to TH 101 and then easterly over to the Chanhassen/Eden Prairie border. The trunk sanitary sewer on this project will connect at the Lake Ann interscctor, al)lU'oximatcly up itu here and extend southerly down to along Highway 101 to Lyman Boulevard. From there it will pick up the proposed 8 inch forcemain, which the forcemain is pumping sanitary sewer from the proposed lift station at the intersection of Lyman Boulevard and Lake Riley Boulevard. This project also will include the reconstruction of Lvman Boulevard fi'om Trunk Highway 101 over to the Chanhassen border. Currentl)' the Lvman Boulevard, as we're all aware, is a rural section in bad need of repair. Our reconstruction will upgrade it to urban section with the storm sewer drainage system and curb and gutter. They also include a 8 foot trail along the southern edge of the roadway. The watermain, there's one other section of watermain that this project will include is alonL2 Lyman Boulevard to the south and will include the Sunny Slope Addition. 28 City Council Meeting - August 28, 1995 Currently this area has...on well systems. That pretty rnuch wraps up the scope of the project. Now I'll cover the engii~eer's estimate. The Lyre'an Boulevard wat~rmain portion will be approximately $217,500.00. Sanitary sewer section portion along L):lnan Boulevard will be $180,000.00. The trunk 101 xvatermain will run approximately $250,000.00. The sanitary sewer along Trunk Highway 101 is approximately $400,000.00. The Lake Riley Boulevard watermain is approximately $195,000.00 and the lift station and forcemain at the intersection of Lake Riley Boulevard and Lyman Boulevard is approximately $170,000.00. And the Lyman Boulevard street reconst~:uction is $754,255.(10. And the Lyman Boulevard storm sewer portion is $173,000.00. For this portion of thc phase two of the project for a total of approximately $2,340,000.00. For a brief look at the scheduling of the space to the project, I anticipate an authorization of plans and specifications tonight which will enable us to run an ad for bids on September 7th and September 14th, and then the bid opening will be scheduled for October 3rd and Council will contract for construction on October 9th. Now the staging of this project will, due to the surcharging on Lyman Boulevard, we really can't be in there constructing anything until the soils have settled so we're looking at staging of the, going from 86th Street south to Lyman Boulevard to put in the truuk sanitary sewer and trunk watermain to pick up for those areas. It will be after all...minimum disruption to...And then the remainder of the project, or the reconstruction of Lyman Boulevard will happen in the spring of '96. The back-up completion for construction will be in December of '96 with the final layer going on in June of '97. I'll answer any questions that you might have regarding the project. Mayor Chmiel: Steve, do you have any questions? Councihnan Berquist: Where's our cop5' of the estimate? Charles Folch: Those tire hot off the press this afternoon... Councilman Berquist: Yeah I would like, I don't know about anybody else but I'd like a cop3', yeah. Mayor Chmiel' Okay, Colleen. Councilwoman Dockendorf: How does this project, I'm thinking in terms of construction, relate to the other projects that are going to happen next summer. I'm thinking particularly of Powers. Is Powers going to be redone next summer as well? Charles Folch' At this time we're hoping it will be done. In working with the Carver County Engineer, I think we'll approach the CR 17 project in three stages to provide, we'll try to maintain traffic as much as possible in three stages because they're aware that this prelect will be o i o on at the same time. There will be an awful .. lot of construction...whole quadrant out there but I think we can manage by maintaining an access... Councilwoman Dockendorf: This will, TH 101 will be closed during certain stages, some of it? Charles Folch' TH 101 will not. Councilwoman Dockendorf: Oh, so this will not. Charles Folch: No, this one will...but it will add some construction vehicles and signage and detouring and that kind of stuff iix the area so there will be some activity and some different things going on but we xvill not be shutting down TH 101. 29 City Council Meeting - August 28, 1995 Councilwomar~ Dockendorf: Okay. And could you remind me of who's paying for this project. Is it the three land developers or how are ire assessing? Charles Folch: Actually ire're assessing it, well tile t'unding will come via basically in three forms. Local funds, special assessments and then State Aid for the road construction. The trunk utilities will be assessed for policy for trunk and ivater assessments. The road construction costs approximately 2/3 to 3/4 of that cost will come from State Aid funds and may cost more. The storm drainage improvements will be through local funds. Councilwoman Dockendorf: Okay. So it's only the trunk ivater and sewer that will be in special assessments.'? Charles Folch: And actually, i take that back. There will be some road assessment also. Councilwoman Dockcndor£: That's all. MayorChmiel: Okay, thank you, Mike. Councilman Mason: Nothing. MayorChmiel: Mark. Councilman Senn: Do you have some estimated project costs at this point? Wayne Houle: Yes. Actually that's the project costs that I covered. The estimated project costs. We'll give you a COl')5' o£ that al'ret tile meeting here. Charles Folch: ...for int'ormational purposes, that estimate...is plus or minus $6,000.00 higher than what we estimated... Councih'nan Senn: I guess what I'm trying to get at, is that the total project cost or is that construction cost exclusive or* evert'thin:2 else'? Wayne Houlc: This is the construction cost oF the project. This doesn't include the easement, the right-of-way acquisitions, engineering Councilman Senn: Do you havc an estimate on all that? Wayne Houle: No, I do not, Not with me. Charles Folch: Typically it's like a 30%..,1)lus 10% for contingencies and an3' other... Councilman Senn: And there's no sigrfi/'icant right-of-way or easen-tent issues? Charles Folch: We do have some temporary easements. We do have, a good share of the right-of-way that we'll be needing along I_,x'man will hol:~efully., get taken through dedication when development parcels... Councilman Senn: That's it. 30 City Council Meeting - August 28, 1995 Mayor Chmiel' Any other questions'? Councihnan Senn: No. Mayor Chmiel: In going through the easement segments, what side of the road will that be on? On Lyman. Charles Folch' The sidewalk? Mayor Chmiel' The easement. No, the easement that will be required. Charles Folch: We're actually widening if you will, the right-of-way corridor...The entire xvidening of the right- of-way on the south side will' hopefully help the dedication on the Lundgren plat... We also have on the north side of Lyman, Lake Riley Boulevard,"Riley has a development currently and also the southern piece of Lakeview Hills is having a development...Klingelhutz property is northwest part of Lyman/Lake Riley is also, have recorded platting but they will also be submitting that. So all you really have to acquire along Lyman is the properties adjacent to that Quinn Road. You've got about 3 or 4 homes, 3 homes on the east side of Quinn Road and then you've got the...property on the west side. But that's pretty much it. Mayor Chmiel' Okay, good. Any other questions? Is there anyone wishing to address this at this time.`? Please come forward and state \'our name and 3'our address. Cathleen Prewitt: Good evening Mayor, Councilmembers. I'm Cathleen Prewitt...421 Lymaft Boulevard. I'm the property that is on the south side of the development. And my main concern is the roadway, the bike path. I spoke to ;vVavnc. today, about how much of the south side of the road and in front of our property they...taking. I had...at one given time...and I was told at that time from the middle of Lyman Boulevard 30 feet and they're going to save our 30 3'ear old evergreens... I have since received a plot and now they're talking anywhere from 50 to 100 feet. So I'd like to know exactly how much... Mayor Chmiel: Charles, what is the width going to be on that roadway? Charles Folch: Thc roadxvay width itself will be 38 feet, base of curb. And then it will have I believe, it will have that inside the 80 foot road right-of-way and the 8 tS~ot trail will be... Mayor Chmiel' Will be within the 80 foot right-ot'-way? Charles Folch: That's correct. Cathleen Prewitt: Is that...take all of these evergreens that... Wayrte Houle: Actually when we designed the trail along that portion, we were holding about a 5 foot boulevard through the front of your property and then we're meandering back a little bit to the south on the west side of your property to save tl~e evergreens and giving you more of a buffer from the trail. And now with the roadway being n0rrowed up 5 feet in fl'ont of 3'our house, it will definitely save those evergreens and such. Cathleen Prcwitt: So the plat that I have has been updated... Wayne I-Ioule' Yes. 31 City Council Meeting - August 28, 1995 Cathleen Prewitt: That's my concern. Mayor Chmiel' Thank you. Am'one else'? No one else, bring it back to Council. Steve, do you have any other questions in regard? Councilman Berquist: No sir, I don't believe I do. MayorChmiel: Colleen? Councihvoman Dockel~dol'f: No. i would move al')proval. Mayorrhmicl' Okay, with that motionon the floor, Michael do you have any? Councilman Mason' None, other than to second the motion. Mayor Chmiel' Okay, Mark. Councilman Senn: No. Resolution #95-88: Council~voman Dockcndorf moved, Councihnan Mason seconded to approve the plans and specilications for the t~econ.stmction of Lym,'tn Boulevanl east of Trunk Higlm'ny 101 and Lake Rile), Area Trunk Ufilih' Iml>mVCmc,~t Project No. 93-32B and th:tt ;tuthofization be given to advertise for bids. All voted in favor ~md the motion Cl[llil2(I unanimously, APPOINTMENT TO YOUTH COMMISSION, ADULT REPRESENTATIVE. Todd 14oft'man: h'h', Mayor, members of the City Council. The adult position for the District 112 Youth Commission has been open tBr some time. The ad has been placed...we do have an applicant. Ms. Sherri Maloney, 7211 Frontier %'nil has applied. I confirmed...in a phone conversation last week. She'd be glad to do it. It's my recommendation that we apl)Oil~t Ms. Sherri Malonev as the city's adult representative to the Independent School District 112 Youth Commission. Mayor Chmicl: Thank you. Thank you to Sherri Malonev for accel)ting that also. It's neat to have people become involved within the cOtnlnunit5, and it shows that we've got a lot of people witMn the community that are willing to really move l'orward to assist in areas that the need is there for. So with that, is there any other con'm-tents from Council? Councilman Senn: I guess Todd, when Todd you talked to her or are you going to send her a letter or xvhat? Todd Hoffman: Send her a letter confirming the al¥~ointment. Councilman Scl]n: ()kay. l just, I guess I'd just somehow like it addressed or at least some xvording in there that kind et' sets out her responsibilities then back to the city more or less and her representing the city. The city's views as well as the city's interest. I don't, you know I don't know Ms. Maloney one way or the other but I think there's a potential problem there in the fi~ct that she works for District 212 and 212's interest and viexvs aren't always necessarily thc same ax the city on these issues so it's just one that I think we should sensitize her to. That's all I h:tx'e. 32 City Council Meeting - August 28, 1995 Mayor Chmicl' I think they pretty much have an agenda as to what the:}, follow, do they not? Todd I-Ioft'man: They sure do. Councihnan Berquist: I do know Ms. Maloney and she'll be a real asset on the commission. Councihnan Senn: I tried to catch you today to ask you if you knew her. I saxv her address but. Councihnan Berquist: I know her well. Mayor Chmicl' Okay. Is there a motion on the floor? Councilman Senn: Mox'c it. Councihnan Mason: Second it. Councihnan Senn moved, Councilman Mason seconded to appoint Ms. Sheni Maloney as the city of Clnmhassen's adult n:p~csentative to the lSD 112 Youth Comnfission. All voted in favor and the motion canied unanimously. APPROVE CHANGE ORDER FOR TRAIL (SIDEWALK) ALONG POWERS BOULEVARD. Todd Hofflnan: Mr. Mavol', members of the Cotincil. This was reviewed by the City Council back in July and at that time... In reviewing the Minutes, the Cotlncil requested additional information regarding funding sources for this proposed trail link. The funding source would be the tax increment district, Downtown District. Again it would be part ct' the property 92-3, West 78th Street, downtown improvement is the fund. That project is capable of absorbing the costs. Again, this section of trail, or sidewalk if you will, essentially connecting the downtown pedestrian system down the west end of town...Powers Boulevard and then heading south. Walk out Byerly's to the video si~re and the other one, the other businesses and head west. You'd find yourself on a little piece of trail system in front of the...development and once you hit the extension of Santa Vera, then you're facing the choice of either nose diving down into the pond or taking Powers Boulevard probably on the outside of the guard rail. This sidewalk would be constructed from Santa Vera north to the extension of Saddlebrook or Saddlebrook Drive. So we're going inside thc guard rail. The reason for the high cost, as you notice, Option C was one of the most reasonable options. But the reason t'or the high cost across the board is the necessity to construct a trail or sidewalk in that...does is it provides access for all those folks north of the pond...Powers Boulevard to the Saddlebrook area and...Saddlebrook Trail and Saddlebrook Curve and then dropping down into downtown Chanhasscn. So with that...taking a look back at Powers Boulevard extension. Trail extension... Saddlebrook and then moving north throughout the rest of the community...The southern link of trail system south of Highway 5 would be completed as a part of the larger project to upgrade Powers Boulevard south... With that I woul'd recomn~end that the City Council approve change order for the project 92-3 to construct the described concrete walk at an estimated cost of $124,000.00...being presented to the city by Strgar Roscoe Fausch. Councihnan Bcrquist: How did TIF project 92-3 get to be the lucky project? I mean was that always in there? Charles Folch: Actually it was talked about and thought about when we were doing the plans for the project and at that time they d~x'clopcd ()ak l>onds...prelin~inary plat and we left it on our plans assuming, if you will, 33 City Council Meeting - August 28, 1995 that... Now when they canoe in with their develoFmlent, they elected to pa)' the trail fee instead of building the trail themselves. $o then xvt tlaought, well okay. We'll just actd it to our project as a change order since they chose to do tile... Well as it turned ertl, some I.'oresight on their part because no one knew at that point how expensive and dit'ficult it ii'as going to be as a trail. Councilman Berquist: They did. Charles Folch: Well 1 don't think they had the soils information to know that what we were going to be running into out there. They couldn't have had that information. We punched a lot of holes out there and missed it. One of the problems too is the resulting side slopes t¥om widening of CR 17 are pretty steep. Typically you like 3:1 or 4:1. We're at...so that makes it more challenging also. They just decided they didn't want to deal with building a trail doxvn there and thev'd write the check out and be done with it. Mayor Cl-maiol' Pitts the t'~lct that County/ Road 17, which was existing there never really showed an3, problems as far as bad soils. But once they had decided to put in that new addition, that's when they did find. Having to go through all tile additional comper~sation as to what they probably would not have had to go through if the soils were corrected. Counciln'mn Senn: Steve, this was belk~rc tis t~bout a month ago too and it was under the trail funds and I asked that they go back and look ~t using TIF. So I think this is an answer ti'mt they can use TIF for it rather than the limited trail funds ive'l'e got. Mayor Chmiel' Any other questions? Councilman Mason' Yeah. Why, on Option C, why is that 6 tS'~ot concrete instead of 6 foot asphalt? Todd HolTman: Il'we're going to go to a 6 foot section, I would prefer concrete... Councilman Senn: I mcan is there some special conditions there that warrant it? Todd [-IotTnlan' It's not that G foot asphalt is a dilTicult process... Charles Folch: ...z~n 8 foot trail it' you're going to pave it versus doing 6 toot. Todd t-IotTman: They're trying to...doivn slope construction...The /'act being, if we could build concrete trails evei3.'where in thc city, it'd be prel~rable over asphalt. Councilman Senn' Well I xvouldrt't agree with you...Thev're very dangerous. Charles Folch' That's strictly fron-~ a longevity standpoint. Councih'rmn Semi: But there you're basically in a l)roblem, you're saying because you can't really bring the paver in to do it anvxvt~v. Todd HolTmnn' Ye~h. Pouring concrete over that. Courlcilnli~n Senn: Guard rail is easy. You can't fit the paver on there. 34 City Council Meeting - August 28, 1995 Councihnan Mason: Alright, takes care of that. Councihnan Berquist: Refi'esh my memm3' though. As I remember when this initially came up, there was a question as to where the money was coming from. Councihnan Senn: Well what was betYre us before was that the money was going to come out of the trail fund. And what I'd raise the question was, is given where it was and that it was in the project area, that why couldn't we take it out of the TIF funds we did not have to use the limited trail funds we have, which seems like we're always looking for money and stuff so that, I think that's what they went back and looked and determined we could use TIF. Mayor Chmiel: Any other questions? Is there a motion? Councihnan Mason: I will move approval of Change Order for trail along Powers Boulevard xvith Option C. 92-3 I guess. That \vas the parent project. Mayor Chmicl: Is there a second'? Councilman Senn: Yep. Resolution #95-89: Councilman Mason moved, Councihnan Senn seconded to approve a ch~mge onler to City Project No. 92-3 to construct the described concrete walk at an estimated cost of $124,000.00, Option C. All voted in favor 'and the motion canicd un..mimously. ALCOHOL POLICY, CHANHASSEN RECREATION CENTER. Todd Hofflnan: Thank you Mr. Mayor, members of the Council. One last clarification on the sidewalk· The city is... Regarding the'alcohol policy at the Chanhassen Recreation Center, community room· The construction is opening next week for the Chanhassen Recreation Center does include a large community room and that room would be appropriate for such events as banquets, wedding receptions, so the question was asked whether or not alcohol would be served, or permitted to be served at the Chanhassen Recreation Center· Due to the complexities of the arrangements at the site...elementary school operation...public building· It's here to serve the best interests of the public and of the Park and Recreation Commission... They made short work of the question posed to them regarding do you wish to cater to events held in the Chanhassen Recreation Center where alcohol is served b7 designating Ch,';nhassen Rec Center as alcohol free· That motion was passed unanimously by the commissiol.t members on the 22nd. They recommend that Council not only designate it alcohol free but also smoke free or tobacco fi'ce as well. Mayor Chmiel' Okay, thank you. Are there any questions of Todd? We've gone through the process with the · . city and...city building in itseli' for alcohol. And just eliminates a lot of liability problems to just stay away from it. So is there a motion? Councihnan Senn: Don; just a question it' we could. I'm a non-drinker so I mean to me it's real hard to identify with it but I mean in terms or', I assume you've had some bookings or some contacts on this. Has it been an issue or not an issue or' people who were looking to book it'? Todd Hoffinan: The room would accommodate wedding receptions and banquets, a variety of sorts· 35 City Council Meeting ~ August 28, 1995 Councilman Senn: So xvhat, you've been contacted by a number of people who wish to book it for that? Todd HotTm~n: Correct. Councilman Senn: Has that been an issue'? Todd Hoffman: Sure. Councilman Sem~: As to whether they will book there or not book there? Todd Hot'ill, an: Sure. Councilman Senn: Okay. And I mean what's the tbedback you're getting'? Todd Hoffman: Again, I would speculate that a Few wedding receptions are alcohol free but not a high percentage of thc ~'ocoptions theft are hold in today's world...book for that use. Councilman Senn: Okay. So I mean it's going to take us out et' most of that type of use is what you're saying? ToddHoffman: Yes, I would assume. Councilman Senn: Okay. MayorChmiel: Is there a motion? Councilwoman Dockendol'l': I would move approval oF the alcohol policy. Mayor Chmicl: And smot<c l'ree? Because we have... Councilwoman Dockc~dolT: Ye~h. MayorChmiel: Okay. Isthere a second? Councilman gerqttist: I'll second it. Co~cilwom:m Dockendo~t' moved, Councilman Bel~lUiSt seconded to designate the Ch~assen Recreation Center Communil¥ Room ns alcohol l'~e nnd tobncco l'~te. All voled in fnvor nnd the motion ended ~nnimousl)'. COUNCIL PRESENTATIONS: Mayor Chmiel: We have in our packets, item 13 which is not shown on our agenda for this evening and I sort of missed it too. I didn't even look tbr 13 because I saw 12 and I knew 13 was on the other side. But this is regarding tho revised schedule tbr City Hall Expansion. We had discussed this before. We had much comments back and lk~rth. What would be Council's position in regard to this? If we could discuss it tonight, it could go on our consent agenda probably in the next 2 weeks... 36 City Council Meeting - Augnst 28, 1995 (There was a tape change at this point in the discussion.) Councihnan Mason: There really isu't any action we can take tonight on it anyway, without it being on the agenda, am I right'? Don Ashworth: Under .,,'our rules of procedure, it's supposed to be published before you act on it. Councilwoman Dockendorf: What's it going to do to our time line? Don Ashworth: Todd is present. Would you like to address that issue? I just alerted him. He didn't 'know. He's been sitting here. I might as well drop the bomb. Councilnmn Mason' Nothing better to do touight. Todd Christol)herson: Good evening Mr. Mayor, members of the Council. I didn't really have a presentation planned tonight. I guess I would be looking for some marching orders or get some idea of xvhat the direction would be. As far as the schedule goes, if this is dealt with at the next council meeting, we could take that schedule and add a couple weeks onto it. I do think it's important, as I pointed out in that letter to Don, that if we are going to move ahead and plan on doing the construction in '96, that we should get on track right now. ...design and planning stage. \Ve're ready to go either way. Mayor Chmicl' Okay,. good. Thanks Todd. Is there a motion? I don't think we need a motion. We'll just have it on next agenda. Sux'c what you have and we'll put it for, maybe we can move it up a little earlier on the agenda so you don't have to stay here so late for nothing. Okay. CONSENT AGENDA: F. APPROVAL OF BILLS. Councihnan Berquist: Just questions of clarification more than anything else. I'm curious as to what department ct' Accoulnemps are the temporaries being used for. Don Ashworth: That's in finance department. It recognizes that really as a part of the '96 budgetary process, Cliff HolTman's recommendation that we should be looking to a tull tilne, an additional tull time position there. And it also recognizes thc existing space needs so as a part of this .,,'ear's budget, we just allocated for part time services. So we have a person coming in. Todd, do you know how many days she's coming in? Todd Gerhardt: I think it's 3 or 4. Don Ashworth: That was my recollection. Councilman Berquist: 3 or 4 days a week? On a consistent basis? Okay. Don Ashworth' And then we're trying to juggle chairs around in that whole process. Councihnan Bcrquist: kVhich brings me to another question. We've got a ton of money being spent on furniture and exercise equipment, which l'm assuming is the Nordictracks and all that stuff. That's all going out 37 City Cou~cil Meeting - Attgust 28, 1995 there? Okay. So ~11 tl~ose bills came i~a this mo~tla tl'~e~-~'? All that stuff is out there, or is going to be out there. There xx-as a COUlMe of thi~,,s=, tl~at were of sktrl)rise to me. i remember the Herman Miller, I remember some of these things. OFfice ~alacl~ine.s. Chairs for $19.000.00. Nordictracks flor $4,000.00. Stairmasters and exercise machir~es for $16 grand. 'l'hat's all out there? Todd HofI'ma~: Correct .... the fitness equipment was through, as part of the 1995 budget. The remainder was approved as pat't of the project... Mayor Chmiel: Has any ct'' tile Council beeil recently out there? Councilmal~ Berqttist' Agai~, I rode m',' bike ottt there. Mayor Chmiel' Nq~vbe it'd be a good idea to try to get each of the Council members. I've been through it a couple times ~loxx'. ,,X~ Ol)pOrtu~lity tBr each to see xx'hat's existi~lg. Todd I-Iot'l'ma~a' Glad to do tl~at. Councilnaan Scim: Steve, before you leave the exercise equipment. Now is that going to be used by primarily the communit.v or is tl~at also goillg to be used by the stude~ats at the school? Todd Hot't'man: l>rimarilv the community. The students at the school will not be using the adult fitness equipment area. ~fhe majority will be aclttlt use. There xx'ill be some youth activities in there but not for grade school. Council~-~ar~ Setlt~' Yeala, becatts,3 that's xx'l~x' they're kit'~d of in conClict really. Mayor Chmiel: 'l'l~cv'rc still members oi' thc community. Councilma~ Se~a: No, bttt I recall I'm just n-tore From a sat'etv standpoint a little concerned because I've had problems xx-ith .x,'ot. ttlg kids ~tro~.tl'~d that stuff a~-tyxvay so, okay. Councilman Berqttist: Out of curiosity, what's tile uni/brm policy for the city as far employees? Dol~. ,~shxvoi'th: Thc city l)rovides like the shirts l'or public sat'et)'. Similarly in public works, a shirt. Charles Folch' l>ttblic works, shirt. MayorChmiel: Shoesnre also required by. Charles Folch: S~l'etx' slices. ~s.'e also have a sal'~'tv ex'exvear program il:' r~eed be. Cou~cilman Berqttist: Okay. Crystal Cave. What did we do with Co, stal Cave? Todd Hol'l'ma~-~: X,Ve took a tottr. Councilmat~ Se~a~: /k sc~aior trip I bet. 38 City Council Meeting - August 28, 1995 Todd Hoft'man' No, it was a youth trip actually. Councihnan Bcrquist: Where's Crystal Cave?. I remember back when I was a kid and I can't remember. Councilwoman Dockendorf: There are a million of them. Todd Hofl'man' It's about an hour and 15 minutes southeast. Councihnan Berquist: Okay. Kennedy and Graven, there was a check for, I can't remember what. I -know they o. do legal work for the t-IRAi I think I remember them being on the payables for the HRA. Kennedy and Graven. Don Ashworth: Kennedy and Graven. It could have been, one of two issues. One would have been back with work, of course if it was I-IRA related, it wouldn't show in this Accounts Payable. The other one was the. Todd Gerhardt: Economic Development District probably. Don Ashworth' Oh, okay. Which is under the purview of the Council. Okay. Well they also did work . associated with the senior housing. They literally.' approved those bonds but that billing should have gone over · through, back to Springsted so we maybe should pull that and veri~' that it wasn't senior housing related. So I'll make the assurnptiola that it was associated with the hotel complex. Amusement thing or whatever. Todd Gerhardt: Plus in an Economic Development District, having something to do with the National Weather Service...or the Hennepin County District. I can't recall... Don Ashworth: We'll pull that inx'oice and include it in the next Admin Section. Councihnan Berquist: Okay. In doing that, can we then perhaps ask for a little bit better, I mean J & R Radiator. Repair radiator.' That's pretty, I can figure that out. Kilmer Electric, tennis court lights. Kennedy and Graven. Legal services. That's like Knutson and Associates, legal services. But I'm used to seeing Knutsoi-~. Don Ashworth: Well I'll again remind our staff that as they approve bills, if they would just write in at the very top, a brier' description and that's what Betty will put in. Right now Betty will go through those. It ,,vas the first item is thc repair of radiator. The next item is the entire engine for the car or whatever it is. What might show up in the accounts payable is new thermostat, $420.00 and you're sitting there saying. I'I1 mention that to our staff. Councihnan Senn: Don, just so you knox,,'. I talked to Para about that last week and the only place it's been a problem is in the professional services and there was some procedure that was kind of, I guess in terms of what they can put and where they put it. it was causing a problem and she said she was going to get it fixed so basicall,,' there xvould now be an e~planation at'ret professional services because it was popping up. Maybe some p~-ople knew what those people did sometimes, but other people didn't so she xvas going to make sure it got included. Don Ashworth: ()kay, thanks t\)r the. 39 City Council Meeting ~ August 28, 1995 Councilman Berquist: Two more little ones and [ did, the Mayor asked me, said maybe I should tD, to call during the day. Well I try. Believe me I try. l've got two others that I want to just touch on briefly. Minnesota Athletic Apparel, $462.00 lbr hats. That's a lot of hats. Todd Hof[~nan: The Chanhassen hats which are sold at the special events and marketed as a...so there's probably 6 or 7 boxes of hats. Councilman Berquist: They arc mighty cool hats... Okay. I've got one other but I won't talk about it. It's pretty simplistic. Alright. l just like to know where the money's going. Mayor Chmict: Okay. With that would you like to move that? Councihnan Bcrcluist: I'll move al>prox'al. Councihnan M~tson: Second, Co~cilman Bctxlui.~t moved, Councilman Mason seconded to approve the bills. All voted in favor and the motion canietl. , Co~cilman Mason moved, Councilwoman Dockendotf seconded to adjourn the meeting. All voted in favor and the motion canicd. Thc meeting was adjourned at 9:42 p.m. Submitted by Don Ashxvorth City M~nager Prepared by N;~nn Ol>hcim 40