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CC 2011 04 11 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 11, 2011 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Ernst, Councilman Laufenburger, Councilwoman Tjornhom, and Councilman McDonald STAFF PRESENT: Todd Gerhardt, Roger Knutson, Paul Oehme, Todd Hoffman, and Jerry Ruegemer PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everyone here in the council chambers as well as those watching at home. We are glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. Seeing none we’ll go ahead and proceed with the agenda as published without objection. What I’d like to do first this evening on our agenda is present a Certificate of Appreciation and Maple Leaf Award to a couple of our outgoing Park and Recreation Commission members so I’m going to go down in front. I’d like to invite Scott Wendt to come up here. Scott has served as a member of our Park and Rec Commission for the last 3 years. 2008 through 2011. He was a tremendous asset to the commission. Served the residents with enthusiasm and pride. He provided insightful comments and recommendations at the commission meetings and was always eager to hear from residents. When Scott joined the commission he signed up his entire family. They attended nearly all the community events and programs sponsored by the City. Living in the downtown area Scott and th his family would often walk or bike to the downtown area 4 of July events, the concerts in the park, Arbor Day activities and Scott made a special point to join the community bike ride highlight future bike ways that the City is working on with members of the Metropolitan Council Transportation Advisory Board. The community of Chanhassen is a better place for all of us to live and raise a family because of Scott’s desire and efforts on the Park and Rec Commission so Scott on behalf of the Chanhassen City Council, residents of Chanhassen I’d like to present you with this Certificate of Appreciation for your service on the Park and Rec Commission. Scott Wendt: Thank you. Mayor Furlong: Glenn, you want to come up? Glenn Stolar served on the Park and Rec Commission as a member from 2002 to 2011 and served as Chair from 2004 to 2008. Glenn is a special individual who gave freely of his time and talents in order to make Chanhassen a better place. When volunteers were needed he always raised his hand. During meetings Glenn made guests feel very welcomed and carefully listened to the viewpoints of citizens prior to making any recommendations. Serving as Chair for 5 years Mr. Stolar sought balanced testimony from all sides to ensure that every voice was represented and heard. Difficult decisions were always delivered with respect and understanding. Glenn is the kind of commissioner that drove home from family vacations in order to attend scheduled meetings. He had a 92% attendance record Chanhassen City Council Meeting - April 11, 2011 over the 9 years which is just phenomenal Glenn. He volunteered many hours helping to install play equipment in neighborhood parks. Community special events were a favorite past time and th activity for Glenn and his family. He logged hundreds of volunteer hours in the 4 of July celebrations, Feb Fest and Halloween parties. Glenn was a strong advocate for investing in our parks and trails and sought to ensure that improvements were available to serve all citizens. He was very supportive of new ideas and sought to give constructive feedback whenever asked. The City of Chanhassen is a better place for all of us because of Glenn’s passion for service and his enthusiasm to get things done. Glenn on behalf of the City Council I’d like to present you with this Maple Leaf Award that says presented to Glenn Stolar for Park and Rec Commission member of 2002 to 2011 serving as Chair from 2004 to 2008. In recognition of outstanding service and dedication to the community. Glenn, congratulations. Glenn Stolar: Thank you Tom. CONSENT AGENDA: Councilman Laufenburger moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated March 28, 2011 -City Council Verbatim and Summary Minutes dated March 28, 2011 Resolution#2011-21: b. Accept Donation from KleinBank for Lifelong Learning Program at the Senior Center. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Mayor Furlong: We do have with us Gregg Lovell who is President of the KleinBank here to make a presentation. If you want to say something from the podium first. Gregg Lovell: Sure. Mayor Furlong: Okay. While we’re working down. I’ll work my way down. Gregg Lovell: Alright, thank you. Well this is the third year KleinBank’s had the privilege of sponsoring the Summer Concert Series and it’s our bank and the City of Chanhassen have had a long standing partnership and it’s a relationship we’re very proud of. I want to thank Todd Hoffman and John Stutzman and members of his team who really make it an easy thing. If you haven’t been to a Summer Concert Series performance, do yourself the pleasure of making sure you enjoy at least a couple of them this year. So Mr. Mayor, thank you. Mayor Furlong: Third year of sponsorship of the Summer Concert Series by the KleinBank. Very nice. Well thank you Gregg and for KleinBank. We really appreciate their sponsorship of that event. It is a great event and as he said if you haven’t had a chance to get out and see any of 2 Chanhassen City Council Meeting - April 11, 2011 the concerts, please do that. Great opportunity to spend time with friends, neighbors and family and just enjoy a summer evening of music in the park. Let’s move on now to the next item on our agenda. PUBLIC HEARING: TH 5 IMPROVEMENT PROJECT MUNICIPAL CONSENT: MILL AND OVERLAY AND SAFETY IMPROVEMENTS FROM TH 41 WEST TO CR 11 IN VICTORIA. Paul Oehme: Thank you Mayor, City Council members. This is, as you mentioned Mayor, a public hearing for the improvements initiated by MnDOT. Minnesota Transportation for improvements on Trunk Highway 5. Just a little background before we begin. Back in 2008 a corridor study was initiated by MnDOT and in conjunction with the cities along Trunk Highway 5 including Norwood-Young America, Waconia, Victoria and the city of Chanhassen. We looked at basically, and Carver County and looked at the whole corridor from Trunk Highway 41 out to Norwood-Young America, Trunk Highway 212 and looked at what are the needs both long term and short term along Trunk Highway 5. As most of you know that road is in need of improvements. After that corridor study was completed in November of 2009 a meeting was held in Victoria with the State and neighborhood meeting basically to discuss future upgrades to the corridor and then back last year in June a neighborhood meeting was also held in Victoria to discuss the proposed improvements planned for the summer of 2012 which is basically the project we’ll be talking about tonight. And for this meeting we do have members from MnDOT here to talk to the council if you have any questions about proposed improvements as well so. So basically the project overview is more or less a preservation project. It’s not going to be adding very much capacity to the corridor but it will be preserving the corridor and making substantial safety improvements basically from Trunk Highway 41 out to County Road 11 through Victoria so improvements basically include a mill and overlay, which is removing about 4 inches of the existing pavement surface. Repaving that back again along the whole corridor. The bridge in Victoria by Rose Street will be replaced in conjunction with this project. There’s a sinking area of pavement in Victoria that also will be replaced and surcharge basically trying to stabilize that subgrade so it doesn’t sink anymore. Settle anymore. That will be in conjunction with the project. Numerous safety improvements along the corridor. Turn lanes at Bavaria Road are planned throughout the corridor. Some shoulder widening as well. Signal modifications at Trunk Highway or CSAH 13 are also planned. ADA improvements through the downtown Victoria area. Access management and drainage improvements are also included as well. Pedestrian mobility is also part of the project, especially over by Minnewashta Parkway and Trunk Highway 5. I’ll go into a little more detail on that and then MnDOT is also proposing a center line rumble stripe between basically Trunk Highway 41 and Commercial Avenue in Victoria and we’ll go into a little more detail about that improvement as well. So just wanted to touch on the intersection of Minnewashta a little bit. Improvements. Basically these improvements are, consist of everything in yellow here shown on the drawing is more or less new pavement shouldering, widening in this location. A right turn lane is planned to be added. Southbound Minnewashta to westbound Trunk Highway 5 currently, both the left and the right turn movements at this intersection are stacked into one lane so we are, MnDOT is planning to widen this intersection. The blue area if you can see is shoulder improvements along the corridor. Currently along most of this area there are significant shoulder constraints, deficiencies that MnDOT plans in making improvements on. There is talk about adding a future access to the 3 Chanhassen City Council Meeting - April 11, 2011 south at Minnewashta here for a future access into the Arboretum. Trail improvements are shown here in more of a pink color and then also a trail underpass as well under Trunk Highway 5 for safe pedestrian mobility to the Arboretum from Minnewashta and the trail network in this area. And then MnDOT however is not planning to construct or install a signal at this intersection. One of the main complaints that staff has received over the years and through this process was the lack of access or difficulty accessing onto Minnewashta at this intersection. Currently the intersection does not meet warrants by MnDOT’s requirements but you know staff is monitoring this and hopefully in the near future a signal could be warranted. Just touching on the trail underpass issue. Proposed improvements. Granted there aren’t very many pedestrian movements currently at this intersection of Minnewashta Parkway and Trunk Highway 5. However the vision for this area and what’s in the comp plan for say Victoria and City of Chanhassen is to make a trail network through this area. This drawing kind of shows highlights some of the improvements and current trail facilities that are in this area. Black lines here show what are the current trails in the area. Here’s the trail underpass as proposed through the Trunk Highway 5 improvements. City of Victoria is planning on extending a trail along Trunk Highway 5 up to Rolling Acres and then onto the Lake Minnewashta Regional Trail as well and I know they’re actively trying to find funds for that, for those improvements and also extending a trail down on Bavaria Road on County Road 13 as well. The Arboretum also is planning to make substantial trail improvements. Internal trail improvements to facilitate these regional connections as well so we’re working with the Arboretum on those type of improvements. The Carver County also is planning on a trail improvement on Trunk Highway 41 as early as this summer. That also includes a trail underpass on 41 basically at the entrance to Lake Minnewashta Parkway. And then future trail improvements are also proposed along Trunk Highway 5, south of Highway 5 into the Arboretum and that would be more of a partnership between the Arboretum and the City of Chanhassen so granted there isn’t a lot of trail connections at this time in this area but now’s, staff feels now is the time to make those improvements while Trunk Highway 5 is under construction and costs for those improvements are substantially less than doing the project as a stand alone project so. Safety improvements are also proposed in this area at Minnewashta Parkway and Lone Cedar. Again shoulder improvements are shown here in blue. If you can see about 8 foot wide shoulder throughout this area. Highway 5. Local access to Lone Cedar Road is proposed to be restricted. Cut off at this time along with a driveway here on the east end of the project. Local access would be provided through a frontage road and basically an extension of Cedar, Lone Cedar Road and access would then be provided back to 5 through Minnewashta Parkway. Center line stripe. This is a new improvement component that MnDOT has been considering for projects, new projects of this type for safety reasons. MnDOT again is proposing to install this center line rumble stripe basically from approximately the Landscape Arboretum all the way into the city of Victoria and Commercial Avenue. A goal again for this improvement is to reduce head on and opposing direction side swipe crashes and MnDOT has some data, statistics that they’ve gathered over the years where these improvements have taken place where they feel these type of improvements help safety along these type of corridors where there is no center median. So for the project basically project costs are roughly about $7.6 million dollars. This includes the bridge improvements, the overlay, and then all the other miscellaneous improvements associated with the project. The City did solicit for federal grants in conjunction with this project. Two particularly and in order for those projects to be included in this project some matching funds, local matching funds are needed as well so with that there’s about a $70,000 match for safety 4 Chanhassen City Council Meeting - April 11, 2011 improvements basically along Highway 5 from Minnewashta Parkway to Lone Cedar. That would include the shoulder improvements and the turn lane on Minnewashta. Access management along this section of roadway too. For that, I’m sorry the pavement management fund is used for those improvements which is basically gas tax revenue and then also for the pedestrian underpass at Minnewashta there’s also a matching dollar amount of roughly over $110,000 and for that park dedication funds are proposed to be used for those improvements. Those funds are gathered through development fees at the time of platting so no general tax dollars are used for those type of improvements. There is some indirect cost associated with these improvements. Roughly $30,000 for legal costs, right-of-way costs and such and that’s included in the budget that staff has proposed. And then also MnDOT is designing the project as I mentioned. Bidding the project out. Administering the construction services at no cost to the City which does, which is a substantial savings as well. So and currently we are meeting with several other agencies including City of Victoria, the Arboretum and Carver County and help in requesting some matching dollars to help offset some of the local costs for the underpass and the improvements along 5. The safety improvements as well so working with those other agencies on cost sharing right now. As we move forward, tonight we have the public hearing and council will eventually need to pass a resolution, consider passing a resolution approving, disapproving th the improvements by June 27. If the council does not pass the resolution before that time the improvements are considered approved and MnDOT will move ahead with the project. The th bidding of the project is scheduled for January 27 of next year and construction is proposed to start in April with substantial completion of the project of October of 2012. So with that if there’s any questions I can help, I can try to answer. Also MnDOT is here to answer any questions that you have and I would just request that a public hearing be held for this project at this time. Mayor Furlong: Okay, thank you. Questions for staff. Councilman Laufenburger: I do have one. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Paul, some of the early design, there was a suggestion that there would be a rumble strip along the center as well as along the side of the pavement. Do I understand now that MnDOT or city engineers have said we’re only doing the strip in the middle, is that correct? Paul Oehme: That’s correct. We had discussions with MnDOT after we had the work session with council and that’s correct. They’re only proposing the center line rumble stripe at this time. Councilman Laufenburger: Stripe means that the rumble will be underneath the center line marking, is that correct? Paul Oehme: Yep. Well I can bring up that drawing. Councilman Laufenburger: Okay. 5 Chanhassen City Council Meeting - April 11, 2011 Paul Oehme: So it’s basically underneath the paint stripe if you want to think about it that way. Councilman Laufenburger: And when you talk about the Landscape Arboretum entrance it’s the existing entrance which is across from Crimson Bay Road, is that correct? Paul Oehme: Approximately. Councilman Laufenburger: Approximately. Paul Oehme: That’s where the limits of the, that rumble stripe is proposed. Councilman Laufenburger: Alright. The second question I have relates to the, let’s see. I want to make sure I find it here. I’m quoting from your report. The City is partnering with the Arboretum to encourage the general public to utilize this facility. Chanhassen residents will be able to cross Trunk Highway 5 at Minnewashta Parkway with a safe grade separated connection and gain access to the Arboretum at no cost. So can pedestrians enter the Arboretum today at no cost? Paul Oehme: I think if they drive in there is a fee unless you’re a member. Councilman Laufenburger: But can pedestrians or bike riders enter at no cost today? Todd Hoffman: Currently there’s one pedestrian access on the Spring Peeper Meadow where people who are not members can park and access some of the Arboretum facilities but at the front gate they cannot, there’s no pedestrian access at present. Councilman Laufenburger: So this is a new benefit to the Chanhassen residents, is that correct? Todd Hoffman: Correct. Councilman Laufenburger: And this is the benefit that will be available to Chanhassen residents into perpetuity? Todd Hoffman: As far as we understand. Councilman Laufenburger: Do we have that understanding from the folks at Arboretum too? Todd Hoffman: Absolutely. Councilman Laufenburger: Okay. Alright, thank you. Mayor Furlong: And if I could add to that. It’s not exclusive to Chanhassen residents. It would be available to anyone entering from pedestrian or bike or whether city of Victoria, Chaska, Carver County residents, Hennepin County residents as well. I mean this is the State, Minnesota State Arboretum and they’re encouraging people to arrive by different means than car. 6 Chanhassen City Council Meeting - April 11, 2011 Councilman Laufenburger: Yeah. Mayor Furlong: But it’s a good point. Am I correct Mr. Hoffman? Todd Hoffman: Absolutely you’re correct Mr. Mayor, and what they feel is that once people arrive by either bicycle or pedestrian or walking or running they’re going to come back and enjoy and support the Arboretum so they really see it as a positive opportunity. The Arboretum is at the edge of our city and the edge of Victoria and Chaska for some time and they really see a value in connecting in now with not just our public trail system but Victoria. It’s the Carver County regional trail map that connects to this state facility and up from Chaska in the south as well so all of those people have partnered together. The Arboretum, Victoria, Chaska, Carver County to bring this plan together and the Arboretum’s agreed that this is a good thing for their organization. Councilman Laufenburger: Fantastic. Thank you for that confirmation. That’s all I had Mr. Mayor. Mayor Furlong: Thank you. Other questions for staff at this time? Councilwoman Ernst. Councilwoman Ernst: Paul, can you tell me, one of the comments in here was it’s staff’s belief that Carver County, the City of Victoria and Minnesota Landscape Arboretum should help pay for that underpass. How sure are we that there’s going to be some additional funds coming from these other areas? Paul Oehme: Well Todd Hoffman and I have been meeting with those representatives actively over the last year and a half I think so you know I’m confident we’re going to have some matching dollars to help offset some of the local cost and to that extent I don’t know because it hasn’t gone through the process yet of being approved by their council or their boards yet so, but you know for example Carver County’s improvements on Trunk Highway 41, you know the City of Chanhassen is helping to offset some of those costs for those improvements so, and we have a history of partnering together on these type of projects so you know I’m confident we’re going to see some cost, sharing of costs on these projects. To what level I don’t know yet. Councilwoman Ernst: So we don’t have any kind of idea of what that might be? Paul Oehme: Well I mean we, we, it’s staff’s belief that we should share in the cost equally. You know between the four parties. The 25% for basically the underpass and then City of Victoria helps us out for some of the improvements along Highway 5. The safety improvements since some of those improvements are within the city of Victoria’s limits but at this point in time we haven’t had a, any agreement agreed to yet in terms of cost sharing but we’re actively working towards that goal. Councilwoman Ernst: Do we have any idea when we might see that? Paul Oehme: Well by you know. 7 Chanhassen City Council Meeting - April 11, 2011 Councilwoman Ernst: I thought we were pretty close the last time we… Paul Oehme: Yeah I think we are. You know I think we are but I think some of the other agencies they still need to go through their CIP or their capital improvement plan and prioritize some improvements that they have on their ledger so to what extent you know they will participate in this project I don’t know yet but like I said again I feel confident that we’ll see some matching dollars or some other agencies participating in, to help offset some of this local costs. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Other questions for staff? Mr. Oehme, the shoulder side, there’s mention in your staff report about a, the safety edge and maybe, whether that’s something, I don’t know if you talked about that or someone from MnDOT can talk about that. Is that the angled edge to the pavement? Paul Oehme: The safety edge. Maybe the representative from MnDOT can address that. Mayor Furlong: Okay. Good evening. Nicole Peterson: Mr. Mayor, council members. I’m Nicole Peterson with MnDOT…engineer working with Carver and Scott Counties. A safety edge is really just purely mostly a construction method in which you described as 45 degree angle. A lot of times you’ll see when they’re laying down lifts of pavement has this kind of perpendicular and then they might bring in aggregate and while that aggregate will tend to erode and create potholes and maintenance challenges and then if the car happens to go off the road, the tire gets you know kind of stuck. They over correct and if they have, they can construct it with this kind of angle to that bituminous or that black pavement they are able to recover a little bit easier. Maybe not cross over the center line so it’s, you probably won’t even see it because you know there’ll still be some gravel that comes into it but it’ll just ease maintenance and make it a little safer. Mayor Furlong: And that is being proposed at this point as recommended along the same section of road here from basically the Arboretum entrance on the east side, west through to Victoria? Nicole Peterson: That’s correct. Wherever we don’t have guard rail or curb we’re proposing safety edge. Mayor Furlong: Okay. Alright. Thank you. Let me ask, has MnDOT seen some successes with that? Was there just been engineering studies or have they been using it for a while? You may never know how it, the accident that didn’t happen I guess but what sort of successes have you seen? Nicole Peterson: Mr. Mayor, council members, it is something relatively new to Minnesota but it is something that our traffic safety folks have worked with folks on a national level where it’s been implemented in other places and so I don’t have examples of where near by that we’ve been 8 Chanhassen City Council Meeting - April 11, 2011 using it but it’s something that we’re comfortable in implementing on any of our new projects where appropriate. Mayor Furlong: Okay. Okay, so it’s not unique to this project that you’re looking at? It’s a new standard, new policy on the part of MnDOT. Nicole Peterson: That’s correct. Mayor Furlong: To try to use those, okay. Alright, very good. Thank you. The other question I had was comments and Mr. Oehme you talked about the, that a signal is not being included at this point at Minnewashta Parkway and Highway 5. I know that’s something that our residents would like to see and some of this council has supported. But we also understand that MnDOT works with warrants and information. Again whether this is a question for you or someone from MnDOT. There was a comment in the response in the report about the correctable crashes being crashes at right angles and I guess I’m curious about that and especially in a situation, or an intersection like this as it is now with Minnewashta and Highway 5. Anybody coming off Minnewashta is turning either right or left and so there may not be a right angle opportunity as opposed to a four way intersection as many of those so I guess whether it’s a question for you or again someone from MnDOT in terms of the standards there for the warrants and how, if they look at them differently. You know what they would look at. Good evening sir. David Shin: Good evening Mayor and council members. My name is David Shin. I’m with MnDOT’s traffic engineering office. When we look at an intersection to look at for instance for a signal we look at crash history, pedestrian use, the crashes, the volumes, and what we use is guidelines developed by the Federal Highway Administration. These warrants are based on volumes for the major approaches, which would be Trunk Highway 5 eastbound and westbound and the minor approaches for Trunk Highway 5. These volumes are determined by the number of lanes approaching the intersection. And when we counted these, we looked at the turning movements for the intersection and the approach volume. We have been counting this in 2010, 2008. We also took counts in 2003. The crash history at this intersection has been primarily the traffic on 5 turning left onto Minnewashta. About half of these crashes at this intersection are related to those left turns. And with this project we will be adding a left turn lane here which will be a great benefit to safety. As, when you brought up the right angle crashes due to, without having a, we don’t have a through lane here, we looked at the crashes and the southbound traffic turning left. Crossing with another vehicle. We counted that as a right angle. Mayor Furlong: Okay. David Shin: And in 3 years we looked at the crash history we found one correctable crash, which would give the right angle, and going back 5 years to look for more correctable sorts of crashes we found a total of 2. And for a signal to be considered for safety it would need 5 right angle crashes in a 12 month period. The types of crashes with a signal you would shift from right angles and you might create more rear end crashes. An unwarranted signal you add additional delay and drivers become frustrated. You’ve got increases in red light running. Those violations are high risk, high severity crashes. 9 Chanhassen City Council Meeting - April 11, 2011 Mayor Furlong: Thank you Mr. Shin. You also talked about the adding of the turn lanes and maybe that’s something I think from an experience standpoint I know in Chanhassen on Powers Boulevard, which is a county road, we added in left turn lanes too, but the purpose there is to get the turning vehicle out of the through lane of traffic, is that correct? David Shin: Yes. Mayor Furlong: Okay. David Shin: At this location it would provide, for eastbound it would provide a safer refuge area for vehicles and right now there is a bypass lane but this would dedicate a left lane and a through lane. People driving eastbound wouldn’t have to shift over. There wouldn’t be any confusion about whether or not they should move over. Mayor Furlong: Okay. And there will also be turn lanes for westbound traffic, is that correct? David Shin: For the right turn, yes. Mayor Furlong: For the right turn, okay. And what about the turn lanes on Minnewashta Parkway? What’s being added there for southbound Minnewashta Parkway? David Shin: Southbound, it’s kind of a wide approach now but it will be striped to have a left and right turn lane. Mayor Furlong: So there’ll be an opportunity for cars to. David Shin: To double up. Mayor Furlong: To be next to each other. One turning left, one turning right. David Shin: Yes. Paul Oehme: Currently there’s no opportunity for that because it’s the curb and gutter. Actually it’s just too narrow. Mayor Furlong: Alright. Okay, very good. Thank you. Any other questions for staff at this time? I would like then to open up the public hearing and invite all interested parties to come forward and address the council on this matter. If you’d like to, we may have some answers for you tonight. I’m guessing some of the answers are more out there at this point but we’ll certainly try to get your answers, answers to your questions this evening if we can or someone will get back in touch with you. So at this point I would open it up for public hearing and invite people to come forward. Good evening sir. Charles Anding: My name is Charles Anding, 6601 Minnewashta Parkway and I have my comments written in case for staff and council and I’ll leave copies back here for the audience if anybody wants them. First off I’d like to thank city staff and the council for heading up the 10 Chanhassen City Council Meeting - April 11, 2011 improvements at Trunk Highway 5 and the Parkway and that’s where my concerns are. Even though this intersection falls directly within the city limits of Victoria, in Paul’s letter to Todd th dated April 11, 2011 Paul states that the City of Victoria should help pay for matching funds on these improvements. Well shouldn’t Chanhassen also send Victoria a bill for managing this project because it falls within their jurisdiction? I have trouble understanding why we’re the ones that are addressing this when that intersection is totally their’s. One of the stated improvements at the parkway and 5 is the pedestrian tunnel. Estimated matching funds for the tunnel we’ve seen are $110,000 but this doesn’t, as I understand, doesn’t include any share of utility upgrade costs that could be encountered and the grant application that we have requires up to $245,000 in matching funds. I know the number 110 is relatively uncertain at this point but looks like we have a liability of up to $245,000 in matching funds with the federal government providing up to a million dollars on this particular component of the project. That’s my understanding. So I question why we need to spend so much money for a tunnel that goes where? Currently there’s no connection and who’s going to use this tunnel? There is, as we’ve noted, no pedestrian traffic now to the Arboretum at this intersection. There is an old road bed that’s east of the parkway that ends close to the Arboretum parking lots but there is no trail connection. The Arboretum apparently states that they want to provide ungated, no cost access to their property and a trail system to the local residents. This has never been allowed by the Arboretum previously and I would ask, and I’m not sure because there was this discussion, do we have that in writing that they would provide this to us at no cost? That seems paramount to me. It’s implied this access will be provided when the current residents on the farm property across from the parkway, my understanding is that the Arboretum owns that property but are allowing the folks that live there to stay until they decide to leave, and at that point then that they would address their new access and their trail systems and so on, so how many years out is that? It’s at this juncture signals are not part of the current upgrade. At that juncture when they do their upgrades, that’s when these signals might be warranted. Why then at this time can’t we simply have pedestrian crosswalks? Now we have pedestrian crosswalks at Trunk Highway 5 and 41, at Trunk Highway 41 and Highway 7 and many other major intersections within our city. And those intersections have much more pedestrian traffic than this intersection ever will have. I’ve not seen any studies published indicating future pedestrian traffic that would warrant such an expenditure as we’re looking at. So I would ask the council to exercise fiduciary responsibility and back away from these tunnel costs. It’s difficult to understand how we can anticipate making these expenditures when city, state and federal budgets are in such strain today. Now please indulge me while I speak to the turn lane improvements and the continuing lack of signals. Back in the 90’s when the parkway was upgraded from a residential street to a trunk highway connector requiring curbs and no parking restrictions, we were told that we’d have signals in place on Trunk Highway 5 within a few years of the completion of that project and then at Highway 7 a few years after that. Until this point all we’ve gotten is the bypass lane on Highway 5 and we did get turn lanes on Highway 7. While the turn lanes will be a major improvement at 5 and the parkway, they will certainly not eliminate nor likely reduce the accidents. Though we have these turn lanes on Highway 7 and the parkway we continue to have accidents there. I’ve seen head on’s. T-bones. Rollovers. Boats knocked off of trailers. And other less damaging accidents at the intersection. If I’m not mistaken I think we’ve had one death there in the last few years. For sure we had one kid with a severed hand and along with all the other various injuries that we’ve encountered. I know the State has their requirement for signals being put in place but just how much carnage do we need as residents to go through 11 Chanhassen City Council Meeting - April 11, 2011 before something gets done about getting these signals. Just this morning, just this morning another crash at Highway 7 and the parkway. Three vehicles. Personal injury accident. What can I say? And let’s not forget all the residents crossing Trunk Highway 7 at Minnewashta Parkway to gain access to Cathcart and the regional trail system along the old rail bed. In addition to saving the cost on this tunnel I also ask that the City Council work with Victoria to continue putting pressure on the State for signal improvements at these intersections. And I thank you for your time. Mayor Furlong: Thank you. Let’s try to address some of his questions if we can. Mr. Oehme, I don’t know if you tried to take a list. Maybe you did too. Paul Oehme: I think I got most of them. Starting from the intersection and the underpass specifically. Granted the trail underpass is in the City of Victoria’s jurisdiction. However shown on this map, here’s the basically the city limits of Chanhassen and Victoria’s right here and here’s the underpass. There is a substantial amount of Chanhassen residents that utilize this access. Much more so than city of Victoria residents to get to their properties so at the staff level and last year when we, when the council authorized the City to put these grant applications together, you know for safety and for the underpass, we thought it would be in our best, in the City of Chanhassen’s best interest to make these improvements at this time because of the amount of city of Chanhassen traffic, residents that utilize this intersection. And you know we are, again we are trying to work with the City of Victoria to help offset some of the cost for these improvements and we’ll leave it at that. For the underpass and the intersection, let’s see intersection improvements here again, underpass on Minnewashta Parkway, as Charles indicated the property to the south here is currently owned by the Arboretum and there is a, some residents that live in this house at this time. I think at, you know when those residents move out I know that the Arboretum is interested in making that connection, roadway connection into the Arboretum and potentially making that one of their entrance points. Or at least help offset some of the traffic to the main entrance point so in terms of timing and when that access would eventually be built, I cannot say at this time but I know you know MnDOT and City of Chanhassen, Victoria, we have designed this intersection to easily utilize or easily add that south leg into the intersection when the Arboretum is ready to make those improvements so kind of staging for the next, the next improvement of the intersection. So with that if there’s any, I guess. Mayor Furlong: Yeah, Mr. Hoffman. Todd Hoffman: Mayor Furlong, members of the council. I’d like to talk a little bit about the overall planning for trails and both the local system and the regional system in this area and how that changed over time. The Arboretum was not always interested in connecting their facility to the public trail system. That sentiment has changed and they’re wholeheartedly involved in bringing pedestrians to their facility. They’d be glad to put that in writing for the community and for the project. It’s just not something that has been necessary through our current conversations. They’re excited about this connection. Their new director is very excited about these connections. This planning has been going on for over a dozen years I would say to connect the Arboretum to the communities by pedestrians. Chanhassen and bicyclists. Chanhassen has matured to the edge of our community and so our public trail system’s expanded 12 Chanhassen City Council Meeting - April 11, 2011 as we’ve continued to grow within our community through development and then through outright trail development projects themselves. The original plan along Highway 5 was to connect the trail just on the highway itself and so you would connect along Highway 5, east to west along that connection. To the County’s credit, through their 2030 comprehensive planning, they really started taking a look at, isn’t this better if we just take that public trail through the center of the Arboretum? What an experience that would be. The Arboretum listened. The City of Chanhassen listened. Victoria listened and we got together and we talked about that and they said yes, it’s not currently part of our plan at the Arboretum but we’d be glad to bring that on board. Take a look at that secondary access at Minnewashta Parkway. When that happens as far as vehicles. Today when the pedestrian underpass is constructed at this intersection, if that comes to bear, there’s a perfectly fine old road bed. It’s the old Highway 5 road bed that will allow direct connection, pedestrian access today until the Arboretum finishes their other improvements to connect pedestrians into the Arboretum. And then also to the east along Highway 5, that section of trail needs to be constructed as well through a joint project with the community and the Arboretum. And then there’s talk about another underpass at that location. Lifetime Fitness or other partners, State of Minnesota, we’ve had discussions with them. So this is not just local but really regionally and statewide significance I think to make this connection. It’s going to take you from the Lake Minnetonka LRT trail. Folks from all over the metropolitan area are going to take advantage of this. Make that connection down across Highway 5, into the Arboretum. Spend their day in the Arboretum. One thing that I’ve been most impressed about with our conversations with them is they understand that their current membership would like to leave their cars at home on a Saturday from all sorts of places over the metropolitan area and take a day to bicycle with their family to the Arboretum and spend time there. Do that for not only recreation but fitness and other reasons to patronize the Arboretum. So the trail would come off of Highway 5. The regional trail. The local trail and come into the Arboretum. They’re fully on board with that. We just couldn’t be more excited I don’t think as a park commissioner, as a community to make that connection or to work on that connection to plan for those connections to that facility. Mayor Furlong: Thank you. Mr. Oehme, I’m sorry. No. Councilman McDonald: Mr. Mayor I’ve got a question if I could follow up on this particular area. Mayor Furlong: Certainly. Councilman McDonald: I’ve seen plans for Highway 5 from 41 on out where they’re looking at improving it to 4 lanes. If they do that, what happens to the tunnel at this point? I mean is that going to be something that then it’s got to be redone or is that taking all of that into account so that there would be no impact on it at that time or? Paul Oehme: Yeah we’ll work with MnDOT on that specific question and do we need to build that tunnel for the ultimate 4 lane design and what’s currently planned is to extend the tunnel out wider, longer than it needs to be at this time to accommodate 4 lane design in the future so, so the head walls and the retaining walls and all the infrastructure that’s going to be built at this time won’t have to be removed or redone in the future if and when that 4 lane design is built. 13 Chanhassen City Council Meeting - April 11, 2011 Councilman McDonald: Okay. And then the other thing about right now the tunnel to, you know going to nowhere. Did I hear you correctly that what this will hook up to, I mean I’m familiar with the old road bed and everything you’re talking about because doesn’t sometimes the Arboretum, when they get an overflowed, and I forget what the event is, isn’t that their back or secondary entrance? Todd Hoffman: Not this particular location. Councilman McDonald: Okay, so I’m thinking of the wrong spot then. Todd Hoffman: That’s on the south side of the Arboretum. This road’s currently in place. They utilize it for a variety of activities. Most recently some maintenance activities but it’s perfectly serviceable as a walkway. Councilman McDonald: Okay, so it will make a connection to at least the trail network within the Arboretum itself? Todd Hoffman: Correct. Paul Oehme: If you look on this drawing that I have up Councilmember McDonald, here’s the existing gravel road as it exists today. So the underpass will, and the trail will eventually tie into that. That gravel roadway. Councilman McDonald: Okay. And then at that time when the Arboretum decides to connect up the trails, that’s when they’ll also look at an entrance there and that’s when, as I understand, maybe then MnDOT would be willing to consider signals at that intersection? Paul Oehme: Yeah, councilmember. Again it’s based on warrants and depending upon how much traffic is directed towards this intersection and how much is utilized of the general public, a signal might be warranted at that point in time so. But you know based upon the existing traffic patterns out here, we hope that if you know most all the traffic is directed to this intersection in the future, that a signal may be warranted. Councilman McDonald: Okay, thank you. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes. Councilman Laufenburger: I’m hearing a few different qualifying words. When the tunnel is built, the south end of the tunnel will connect with a trail or a serviceable road for walkway? Paul Oehme: The trail will be extended to a gravel roadway. 14 Chanhassen City Council Meeting - April 11, 2011 Councilman Laufenburger: Okay. So the Arboretum is making plans for when this tunnel is complete there will be a purple road that people will be able to follow on their bikes or walk that will take them to the Arboretum parking lot. Todd Hoffman: Absolutely. Councilman Laufenburger: Thank you. Mayor Furlong: And I guess to follow up on that. The trail, if you go back to the picture, that aerial view. The red and yellow dash line there, the future Arboretum trail extension, Mr. Hoffman is the Arboretum working on plans for those internal trails right now? Todd Hoffman: They have plans for walk trails. Mayor Furlong: Okay. Todd Hoffman: And the new director is out working with potential funding donors. Donors to build the new improvements for both pedestrians and vehicles so they have that plan developed currently. Mayor Furlong: So this is something that, and based on your conversations with them is certainly something that they’re committed to doing and making this very usable entrance to the Arboretum. Thank you. Alright. In terms of taking the leadership on this project, I mean Mr. Anding is right in that the intersection itself is physically in the city of Victoria but typically to move forward with these funding requests, to go through the process to gain funds, and it’s a competitive process, is that correct? Paul Oehme: That’s correct, yeah. Mayor Furlong: And help explain a little bit where the federal dollars, who are we competing against or who do these projects compete against? Paul Oehme: Everybody in the metro area more or less. I can’t remember how many applications were submitted but you know we competed against the City of Bloomington, Minneapolis, City of Minneapolis, Carver County, most of the counties in the metro area. Seven county metro area here submitted a application. Mayor Furlong: For these types of… Paul Oehme: For these types of transportation enhancements, yeah. Mayor Furlong: Either transportation enhancements in the roadway or the trail improvements. Paul Oehme: Exactly. Yeah these trail improvements, they called it a transportation enhancement category for more pedestrian mobility type projects. Yeah it’s very competitive application solicitation process that it goes through. It’s sponsored by the, it’s with federal 15 Chanhassen City Council Meeting - April 11, 2011 dollars but it’s sponsored, it’s through the Metropolitan Council who looks at the applications. Rates them. Scores them and then eventually recommends them to the Metropolitan Board for approval so yeah, we’re just fortunate to receive the money for the underpass. Mayor Furlong: So by, when you say scoring them, they’re looking at it in terms of I assume a technical merit score and comparative to other, other similar types of projects across the region. Paul Oehme: Exactly. There’s numerous categories that they rate in terms of how well it competes in a regional basis. How significant it is in terms of the improvements for the area. What kind of benefits the improvements would make on the surrounding community and the region so all those type of things are included in the scoring of these type of applications. Mayor Furlong: And typically when an application goes forward, is it a single government unit that is the lead in terms of the application? Paul Oehme: Exactly. There has to be one governing agency to sponsor, to lead the application to basically sign off on and moving the application through the process so we were just in the position to make that application at that time versus Victoria. Mayor Furlong: And in terms of the 41 trail and that underpass into Minnewashta Parkway, now that’s a joint project, or it’s a joint project between the City and the County but the County took the lead on that one. Paul Oehme: That’s correct. Yeah the County took the lead on that project. Mayor Furlong: Okay. Councilman McDonald: If I could Mr. Mayor, wouldn’t this be a higher priority project for us than it would for Victoria? Paul Oehme: I mean that’s kind of the way the staff looked at it too. When we look at where the boundaries are for the city of Victoria versus city of Chanhassen, there’s a lot more residents that are going to be benefitting from these improvements in the city of Chanhassen. Who live in this immediate area than just one small development in city of Victoria so. Councilman McDonald: Right because this intersection’s been a project for a number of years and if we’re going to get it fixed wouldn’t it make sense for us to push for the development of it so we can control the schedule a little bit better? Paul Oehme: That’s correct. We can control the schedule. We can control the improvements. What potentially is being proposed. We were just you know we had, somebody had to take a lead in sponsoring and promoting and moving those applications, moving the, those type of improvements along so we just, when we talked to Victoria we seemed to be in better position to make the applications. Councilman McDonald: Okay, thank you. 16 Chanhassen City Council Meeting - April 11, 2011 Councilwoman Tjornhom: If I could just add too. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: What you were discussing earlier. Talking about the bid process and just how fortunate we are to actually have this project going on. I sit on the TAB Board and there are hundreds of projects submitted and very few are actually accepted and we’re competing with Maple Grove, with Plymouth, with Anoka. People all over the seven metro county area and so I’m always very excited when I look on the grid and I see what MnDOT has decided to approve or not approve or score high or not score high because when I see Carver County on there or Chanhassen I know that we’re very fortunate and it’s due to the staff’s diligent work with the report they submit and also I think just for our needs. I mean this is a major intersection that has major problems and so we are very fortunate though in a perfect world we’d probably have stop lights and we’ve have four lanes and it would be wonderful but it’s not a perfect world and so this is pretty close to it and I think we are going to see a lot of benefit. Not only from safety and mobility but also just recreation so I think we’re very fortunate as a community to have this project coming forward. Mayor Furlong: Thank you. Todd Gerhardt: Mayor, council members. Mayor Furlong: Yeah. Todd Gerhardt: I just want to make sure everybody understands that we have not designed this intersection in a vacuum. Paul and Todd have met with the Victoria representatives on multiple occasions. The Mayor, myself and Paul met with their mayor and administrator to talk about benefits to Victoria for the trail underpass and also the turn lanes. They have approximately 38 homes in this area that will benefit from the trail and these improvements and they really care about those homes and future homes that may come into that area so they’re doing their due diligence. They’re going to hold the same hearing in Victoria that we’re holding here today and listen to their residents and what their thoughts and desires are so they’ve been included. They have a consulting engineer that does sit in on these meetings so they have expended money and reviewed the plans and have endorsed it. Whenever we can provide an opportunity for a barrier free access. When I say barrier free, not at grade, we should take advantage of those and I think that’s why this grant was so successful and providing safe access to all the residents that live to the north and future residents in Victoria with their trail system. Mayor Furlong: Okay, thank you. Let’s continue with the public hearing and other people that would like to provide comment. Good evening sir. Kelly Dunn: Hello. My name is Kelly Dunn. I live on Mill Creek Lane which is off of Kings Road and which is off of Minnewashta Parkway. I did witness. Mayor Furlong: What is your address? 17 Chanhassen City Council Meeting - April 11, 2011 Kelly Dunn: 7001 Mill Creek Lane. I did witness the t-bone that happened this morning on Highway 7 as I was trying to take my commute as I work in Bloomington so I have to go out of my way to get onto Highway 7 because I purposely avoid Highway 5 because I label it as commuter roulette in the morning so you’re sitting there waiting for the non-stop traffic to do. Basically a lot of people avoid it. I see a lot of people at times I do it, do U turns just because they’re waiting there and it’s currently not wide enough for like the school buses to go around cars if they’re trying to turn right and you turn left so long term would support the stop light. I realize at this point that may not be practical. On a different side, just the access to the Lake Minnetonka regional trail would be a major benefit. Our family as we try to bike sometimes we go on Highway 5 and you feel like you’re on the shoulder, you’re hoping nobody runs into you on a regular day. Otherwise we have to go all the way up where like Cathcart field is in Shorewood or we can ride on Highway 7 for a little bit so this, to have a separated trail would be a major thing. Another concern for our part of the city is that we are isolated from the rest of the trail systems within the city. The Minnewashta Parkway has high utilization. The north side on whatever that trail is called on the north side of the lake gets a large number of hiker or bikers, dog walkers, joggers, the whole thing so I’m sure that the pedestrian traffic, if it could get linked into the Arboretum as well as to the west in Victoria would be a very major connection because you can then get into the Lake Minnetonka trail so I just wanted to say some support. I’m glad to see this hopefully moving onto the next step and I think it will be a good benefit to the community. Mayor Furlong: Thank you. Others who would like to provide comment at the public hearing. Please. Good evening. Laurie Gauer: Good evening. I’m Laurie Gauer. I live at 3820 Lone Cedar Lane. Our access is going to be closed off, which has good and bad to it. We knew that was going to be happening sometime in the future. We’re right at that entrance onto 5. My main concern is with the access onto 5. This morning just getting on, I luckily to go to work take a right hand turn to go out to Glencoe but so coming down today there were I think 3 cars lined up at Lone Cedar trying to take a left so I figured that’d be a long wait for me to take a right so I went over to the parkway and there were 9 cars waiting there and I could finally after about, you know there were just 3 left I could kind of squeeze over there so that will be a huge improvement to have that widen, but I am still concerned with the lack of signals there. Like the gentleman earlier said when the parkway was improved they had talked about you know a stop light there and at 7 within the near future so we’ve been waiting for 20 years or however long that’s been. And I know for those of us who have teenagers learning to drive, it’s a hope and a prayer every morning that they can make that turn onto 5 if they’re taking a left. So I would like you know the State to consider those signals a little more carefully I guess. Not waiting for 5 serious accidents to happen in 12 months before that happens so, I guess that’s it. I’m excited about the trail improvements. I’m not sure about the cost of the underpass. I mean I guess I would rather see signals at parkway and 5 with a crosswalk but I understand you know the funding issues and stuff and I’m excited about those so. 18 Chanhassen City Council Meeting - April 11, 2011 Mayor Furlong: Okay, thank you Ms. Gauer. Appreciate it. Mr. Oehme or Mr. Hoffman, comments about the funding and is the funding for the underpass available to put towards funding for signals? Paul Oehme: No it’s not. It’s a separate funding source for the underpass. We cannot use the money for the underpass to go towards a signal if it was warranted. Mayor Furlong: Alright. For MnDOT representatives, we might even get 5 volunteers for some serious crashes here this evening. And not that I’m advocating that please, so please yeah. Yeah. I’m not advocating that. Thank you. Lynn Clarkowski: Hello Mr. Mayor and council members. My name is Lynn Clarkowski and I’m the MnDOT Metro District South Area Manager for Carver, Scott and Dakota counties and I guess you know on the good and the bad side. It is, while David mentioned the crash warrant for a signal is 5 correctable crashes and you’ve only had 1 correctable crash that a signal would actually help. There have been certainly many tragedies near this intersection and unfortunately they’ve actually been slightly west of the intersection. Run off the roads that that safety edge will help in the future. Shoulders will help in the future and many good benefits of this project. I guess the good news is MnDOT installs very few signals based on the crash warrant so it happens very infrequently that you will have that many tragedies of 5 per year and more often then not it is going to be the volume warrant, and for the case of Minnewashta you have grown by about I think it’s 27% over the last 6 years at that, on the Minnewashta leg so it has been growing in volume but when you look at a trunk highway like 5 that’s 20,000 ADT on the main line, we have to consider all of the commuters and everybody that takes Trunk Highway 5 that has to have delay every time you run a 2 minute signal cycle and just to point out a safety crash for you all to consider, because I know my friends, my family, everybody thinks signals make everything safer, and I just want the public to understand that in the past 3 years of signalized intersections, just the Twin Cities metro area alone there have been 54 fatal crashes and 503 injury crashes at signalized intersections so 25% of the fatal’s that are happening in the metro area are at signals right now so we tell you that you trade crashes for right angles. You do get more rear end crashes and on a high speed roadway like Highway 5, if you’re rear ended at 50 miles an hour at a signal by somebody not paying attention, you’re going to have a serious injury and we don’t take that lightly when we study the benefits of signals. They have to be offset. You know the con’s really need to be offset by the positives that we’re trading so right now we saw one correctable crash that was a right angle that a signal would have helped somebody. And two when you look 5 years back so we really are monitoring Highway 5. We really do care about safety and that’s why we’ve worked so hard with Paul and with the City and all of our partners, Victoria to try to work on this package that we could add left turn lanes that will make it safer. Do shoulder widening. Add the center line rumbles. Increase the safety for pedestrians and all that will help. It will set it up for a signal. It will be ready so that when those cross street volumes do increase, most likely it will be triggered by volume and not by crashes because almost in all cases it’s not the crash warrant that’s putting in signals in the metro area. Mayor Furlong: And I think that’s, that’s a good point that the lanes that will be created here, that intersection will be ready for a signal. 19 Chanhassen City Council Meeting - April 11, 2011 Lynn Clarkowski: That’s correct. You won’t have to make. Mayor Furlong: With regard to the existing turn lanes if it continues… Lynn Clarkowski: Very few adjustments, yes. Mayor Furlong: Right. And one of the components of, and Ms. Gauer talked about the restriction of Lone Cedar and currently there are a few cars accessing there this morning. By, as I understand it, by eliminating that access those vehicles most likely will go over to Minnewashta Parkway which increases that cross volume, which gets you closer to warranting that signal so part of it is in that, as I understand, in that design as well. What we’re hearing here is something that, from residents tonight, as I know you’re aware of too is that people avoid the intersection and go north to Highway 7 and come back down in some cases, back down 41 to go east on 5 and that’s all part of it, and I know that you’re aware of these things. Lynn Clarkowski: That’s right. Mayor Furlong: And we appreciate the work that you’re doing and the work that you’re doing with our city engineers and other staff so. Lynn Clarkowski: Thank you. Mayor Furlong: The other thing I will say too is, while you’re here, I know that the funding here was set up to be received in the 2013-2014 cycle. Am I correct on that? Paul Oehme: That’s correct. Mayor Furlong: And because these improvements were planned for Highway 5, the overlay and such in 2012, I want to thank MnDOT for agreeing to advance these improvements for the lane improvements and the underpass that we’re considering here this evening so we can interrupt traffic flow with one season of construction rather than 2 or perhaps 3 so thank you for your work on that. We appreciate it. Lynn Clarkowski: That’s correct. It will all be finished in the summer of 2012 and we’re bringing together several different funding pots and projects and funding years and trying to package it all together into one series of improvements. Very good point. Mayor Furlong: Yes. Todd Gerhardt: Lynn, isn’t there also dollars set aside to look at the signalization at the different intersections along Highway 5? Lynn Clarkowski: There is, that is correct. So it will actually be happening towards the later part of the 2012 construction season where, I’m trying to think what other trunk highways are happening. Isn’t Highway 7 I think is happening right now where their signals are being re- 20 Chanhassen City Council Meeting - April 11, 2011 coordinated to make them all operate more efficiently together and that process will happen to Highway 5 as well throughout your city from Highway 41 all the way to the east to 494. Todd Gerhardt: That study, can you kind of explain what’s taken into account there. I think one of the issues I hear the residents talking about is not having enough gaps from Rolling Acres to 41 to allow people to make a left hand turn off of Minnewashta. Lynn Clarkowski: Certainly they look at timing plans throughout a study like that but I think one important unique characteristic of that kind of project is right now many of you are aware the freeway instrumentation that MnDOT does on our freeway system. 212 has that where we have high technology. The cameras and traditionally for the past decade that’s only been on freeways and we’re now bringing that down to the arterial level for arterial at grade highways that are busier. Major volume principal arterials and the first one we did just 2 years ago now was on Highway 13 in Savage and Burnsville which is a very high volume, 4 lane expressway. Well Highway 5 of course is in that magnitude of traffic volumes so when this project comes through in 2012 with our ITS folks, our Intelligence Transportation designers, they’re going to actually add the technology with automatic instrumentation and cameras at the signals that they can operate at all of the intersections more efficiently. And make adjustments much quicker. Todd Gerhardt: And you also mentioned rear end’s at the intersections, at signalized intersections. Do you know what the percentage is where people have run red lights on those intersections because that’s some of the worst ones we’ve seen along Highway 5 is not so much the person that stops in front of you but it’s the individual crossing and then the cross car t- boning each other. Lynn Clarkowski: That’s right. I apologize. I don’t have that figure you know off the top of my head but I do know just as a general rule of thumb, when we put in a signal we’re going to trade off our right angle crashes that are so severe for many times over the rear end crashes at those signalized intersections. And you’re right, some of the red light runners, the fatalities that I mentioned to you at signalized intersections, those would be happening again because people are running lights and abusing signals in some of those cases. Todd Gerhardt: I constantly tell my son just because it’s green doesn’t mean go. Lynn Clarkowski: I tell my teenager the same. Councilman Laufenburger: Mr. Mayor I have a question. Mayor Furlong: Yes. Councilman Laufenburger: Is it Miss Clarkowski, is that right? Lynn Clarkowski: That’s correct. 21 Chanhassen City Council Meeting - April 11, 2011 Councilman Laufenburger: Call you Lynn, is that alright? You introduced the concept of 212. What studies has MnDOT done to show traffic shifting from Highway 5 to 212 from western, like Victoria and Waconia. Do you have any statistics on that? Lynn Clarkowski: I do. We do and your Trunk Highway 5 in the area of Minnewashta just 2 years ago, I’m trying to think. 3 years ago that highway before 212 opened, Highway 5 carried in the upper 20’s so 27-28,000 ADT and we did counts last year had dropped to 20,000 so it’s had a significant drop and redistribution of really the whole western Carver County highway system that has been transitioning from 5 to 212 and certainly there is still a lot of volume on 5. There always will be from the destinations of Victoria and Waconia to the west but certainly there has been a major shift from 5 to 212 and see a significant drop. Councilman Laufenburger: Just to follow up to that. But the warrants that you use to justify a signal relate less to the traffic on Highway 5 but more to the traffic entering from Minnewashta, is that correct? Lynn Clarkowski: They do relate on the cross street but because there was so much of a traffic shift and less volume on Highway 5, you have a great percentage of the minor versus the major roadways so in comparison to before 212 opened, the new section opened, the warrants, number of hours of warrants met have gone up because of the drop on Highway 5. Because you’re needing a higher percentage now so because of that major traffic shift the number of hours met used to be 0 to 1 and now it’s 2 and 4 hours are get closer so it has been improving and that’s because the major volume, the 5 volume on the major leg has gone down. Councilman Laufenburger: Okay. Have you done any studies to show how many cars are going from the Minnewashta area to Highway 7 and if you added that traffic to going to Highway 5, might that warrant a signal? Lynn Clarkowski: The number of hours met on 7 and Minnewashta is actually slightly less than 5 and Minnewashta. Minnewashta’s carrying about 2,000 ADT. Yeah, 1,850 ADT right now so we do monitor both 7 and Minnewashta and 5 and Minnewashta and 5 and Minnewashta is actually meeting more hours of warrant than 7 and Minnewashta is right now. Councilman Laufenburger: But we’re certainly hearing antidotally from residents that they would rather make a right turn going east on Highway 7 than a left turn going east on Highway 5, especially during morning rush hour. My guess is that they probably return home from the cities going west on Highway 5. Make a right turn onto Minnewashta rather than go west on Highway 7 and make a left turn and risk getting, as Mr. Anding says a t-bone of some sort. Lynn Clarkowski: I would probably make those same decisions myself. Councilman Laufenburger: Okay, thank you. Mayor Furlong: Thank you. Lynn Clarkowski: Thank you. 22 Chanhassen City Council Meeting - April 11, 2011 Mayor Furlong: Others that would like to provide comment on the, during the public comment period here. Anyone else this evening? Okay. Would it be appropriate to either continue or to close the public hearing? Paul Oehme: I would recommend we close the public hearing if you so choose. Mayor Furlong: Okay. At that point then, if no one else would like to speak on this, I would ask for a motion from council to close the public hearing. Councilwoman Ernst: So moved. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Made and seconded. Any discussion? Councilwoman Ernst moved, Councilman McDonald seconded to close the public hearing on Trunk Highway 5 improvement Project from Trunk Highway 41 to CR 11 in Victoria. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: No action this evening is required for the council on this. This will be coming back to us. I want to thank city staff and the staff from MnDOT for being with you this evening and also the residents that participated. Your comments have been noted not only in the record but by staff and by members of the council and as we continue to think about and discuss these improvements we will keep those in mind as well. If you have other questions or comments or if you think of something after the meeting, certainly feel free to get in touch with Mr. Oehme at City Hall and again this process will be going on here for the next couple of months so thank you very much. UPDATE ON THE CHANHASSEN HILLS WATERMAIN BREAK AND SEWER BACKUP EVENT. Mayor Furlong: Mr. Gerhardt, quick update from our last meeting. th Todd Gerhardt: Sure Mayor, City Council members. At our March 28 City Council meeting staff was asked to bring back additional information, specifically correspondence that city staff has had with Travelers. Included in the packet is the information that we’ve either sent to Travelers by email or by mail. If there’s any questions that the mayor or council have, staff is ready to answer them. Mayor Furlong: Okay. Any questions for staff? Councilman McDonald, I know you had asked for some additional information. Did you get what you were looking for and any thoughts or comments? 23 Chanhassen City Council Meeting - April 11, 2011 Councilman McDonald: As far as what I had asked for from staff, I’m very satisfied that I got what I asked for. That’s satisfactory at this point. I have no further requests of staff at this time. I’m fine Mr. Mayor. Mayor Furlong: Councilwoman Ernst, you all set? Councilwoman Ernst: I got what I need. Mayor Furlong: Okay, thank you. I guess then at this point we’ll pick it up where we left off and that is discussion and comments by members of the council with regard to the matter that’s before us this evening. Councilwoman Ernst. Councilwoman Ernst: Sure. While we meet again, since our last meeting I have asked staff for approximately 14 different documents and that is in addition, many of those were in addition to the 9 that we had asked them for. Included in this documentation were verbal conversations that occurred with Travelers. Questions that were asked by Travelers and the responses from our staff. And also we had many pictures and they were showing the breaks of where these occurred and in, since 2001 I believe that we’ve had 12 water line breaks in these areas. Probably a quarter of a mile within the Chanhassen Hills area. There was speculation from some of the residents that Travelers did not receive all the information from staff. I personally contacted Travelers to ask clarifying questions but also to make sure that they had received everything that staff was giving us and I actually forwarded this documentation to say do you have this and the response in all cases was yes. They had all the information, including the water break and where these occurred and how many there were. I would also like to note that since 2003 we’ve received, or there have been approximately 5 instances where we’ve had sewer backup. Granted not all of them have been identical but there were zero dollars paid to these homeowners, with the exception of one. There was one homeowner that was, or I’m sorry. Seven homeowners that were paid $67,000 but this was paid by the insurance company. It wasn’t paid out of the City coffers. Within a short period of time, a week and a half because I know all of you wanted resolution. You wanted to know where we were with all of this. The last week and a half I’ve sifted through all this documentation and I’ve asked a ton of questions. A ton of questions to staff and they’ve been very responsive so thank you for all the information that you’ve provided. I know, really what I was looking for was something that would raise a red flag for me to say you know this, we have a gap here and quite honestly I didn’t find it. So really what it comes down to is we’re back to my original comments from the previous meeting and that is you know if we’re responsible, we should pay. But it should come from our insurance company and since you the residents don’t feel that this denial is fair, is a fair ruling I again, I recommend that you follow the process that’s in place and even though this is a very difficult decision for me to make, I feel that it is the right thing to do for all of our residents in the city of Chanhassen. Mayor Furlong: Thank you. Other comments. Mr. McDonald. Councilman McDonald: Well I too wanted to get some more answers to some of this but you know I was looking for some other, other things. Yeah I knew about the watermain breaks but this was an unusual circumstance that really no one can really tag to the fact that there was anything wrong with the water pipes. That’s not been proven. It was a frost induced incident. 24 Chanhassen City Council Meeting - April 11, 2011 The ground moved. The pipe snapped. That’s nothing that the City can control. It’s not as though we had a bad pipe and the thing just gave out. That hasn’t been proven so what I’m also back to at this point is, that you know at this time there is a process that can be followed. We have done our job as far as helping to facilitate a claim to the insurance carrier who has found that the City did not do anything wrong. If you disagree with that then it is up to you as a resident to pursue it to the next level. You know this really bothers me by having to say that I can’t give you any money because I understand the depth of the loss but you know the City is not an insurance company. It’s as simple as that. Think of it in terms of if it had happened in a different neighborhood and they were asking for $250,000. It’d come out of your pocket. How would you feel about that? I mean we have to be fair across the entire city and you know unless the City is at fault I can’t justify opening up the City’s bank accounts and releasing money. To do so right now would have to, would necessitate an increase in utility rates to cover the amount of money that we’re talking about, or it would necessitate giving up something else. That’s not fair to the City so what I want to hold this up for, I was looking for a fair solution but I’m afraid there isn’t one. There is no extra pot of money within the City where we can reach in and pull out and say here, we’ll make you whole from your loss. It just, it isn’t there. And one of the reasons it’s not there is because the messages that we have gotten from the residents is, you’ve got to cut taxes. You’ve got to be lean. You’ve got to be efficient and that’s what we’ve been trying to do for the past couple years. We don’t run big slush funds. We try to keep everybody’s taxes low and we did reduce them the last go around and we’ll try to reduce them again the coming go around but the City just doesn’t have the money and it’s not fair to the other residents to reach into their pockets and to pay for you all’s loss unless the City is at fault at which point the City will pay but for right now from everything I’ve seen and read and looked at, I can’t see where the City did anything wrong. I think one of the gentleman that was in here last time also brought up what Edina had done. I re-read through all of their notes and stuff and I guess there’s been some conversations as to what was going on there. That evidently had some serious impact upon the City of Edina. Yeah they gave out money but they also had a problem with where does it come from so I mean yes, it would be nice to give the residents money but we’re not FEMA. You know we just don’t have those kind of funds and we just can’t do it. I’m sorry. You know the next step in the process is if you disagree with all of this and the findings of the insurance company, then your remedy lies with the court system. So I too would not vote for anything tonight to continue this. Mayor Furlong: Okay. Alright, thank you Mr. McDonald. Councilwoman Tjornhom, any thoughts or comments? Councilwoman Tjornhom: Well my thoughts and comments I guess haven’t changed from the last time we met together. A bad thing happened and it’s human nature for us all to figure out who’s to blame. You’re certainly not to blame. You were home on a Sunday evening watching TV, doing homework, minding your own business and your basements were destroyed and that’s a terrible thing. And of course because it is such a terrible thing you know we need to rationalize it and figure out who’s to blame. And so because of those situations that’s when insurance companies were I believe born to do. We bought insurance. We buy insurance for these accidents when no one can point a finger at anybody and insurance company are then supposed to be the one you can point at and say you know please take care of us. This happened. It’s not my fault. It’s not your fault but still we have to pay for it. Who’s going to pay for it? 25 Chanhassen City Council Meeting - April 11, 2011 Unfortunately our insurance company decided that it was not the City’s fault and I’m not an attorney and I’m not in the insurance business. I’m a council member and so you are now asking me as a council member to do something exceptional which would be to write checks for an undisclosed amount for something that really wasn’t the residents fault. And because of that I can’t do that. I agree with Councilman McDonald that at this point I believe it’s beyond myself or the council to determine what happens next but I don’t feel comfortable writing checks out of the residents bank account for something that wasn’t the City’s fault and so if money, if I could pay you in sympathy I would. I’m so sorry. I understand what you’re going through. It’s a terrible thing and I wish resolve for you and I hope that at some point there will be closure and there will be some sort of way for you guys to put back your basements and continue on. So at this point too I’m not comfortable with taking any action. Mayor Furlong: Okay, thank you. Councilman Laufenburger. Councilman Laufenburger: Mr. Mayor, I believe this, the opinion I’m about to express is a minority opinion but I think it needs to be said so I will share it. Mayor Furlong: Please do. Councilman Laufenburger: I was prepared to introduce a resolution tonight but I can see that that resolution will not gain support. However there’s a couple of things that I would like to point out. While it’s been expressed by some of the residents that they would like to be made whole, I don’t think that’s the majority of the residents in this area. I think they’re looking for a response from the City that, perhaps a measured response but they would like some response to the affirmative from the City. And with all due respect to Councilman McDonald, I don’t think that this is an event that would be a, or excuse me. I don’t believe a payment to these residents would be, described as a taxable event. I believe that a fair way to approach this is the way the City of Edina did it. Is to reimburse up to a specific amount so we would know the limit that the City would pay on this but up to a specific amount out of the utility fund and as Mr. Gerhardt pointed out last week, a payment of $2,500 per resident may or may not increase the utility bill in the next year. I think to Councilwoman Tjornhom’s comment, we can have closure tonight. It’s possible for us to make a decision to, for closure tonight. And as our counsel has said to us in the past, we can do anything we want. It may not be defensible but we do know that based on council’s opinion from 2 weeks ago, we can make payment in the interest of public health and public safety. So my last comment is really related to the argument that the citizens best opportunity for reimbursement falls in letting the process play out. I think that’s flawed. First of all despite the Judges order in the reconciliation court on the matter on Grey Fox Curve, which we now have information Travelers’ will be appealing that decision to District Court and I believe Mr. Gerhardt it has been accepted by District Court, is that correct? Todd Gerhardt: That’s correct. Councilman Laufenburger: Okay. So we know that that will be adjudicated in District Court. It may be an affirmation for the, for the resident of Grey Fox Curve. It also may be an affirmation for the City. I believe however that the preponderance of legal support lies with the City and as decision by Travelers that the City, in this case Chanhassen and city staff, everything that we did, 26 Chanhassen City Council Meeting - April 11, 2011 we are not guilty of negligence of malfeasance. Therefore suit against the City would likely be unsuccessful on the citizens part. Simply my opinion but I believe that’s the case. But it would also be a protracted tension between residents in the neighborhood and the rest of the city, including city staff and City Council. I don’t think this is the tension that befits this city. Furthermore if the outcome of the judgment in the case of these lawsuits that are being encouraged to be brought forward by at least two council members, if the outcome of that was judgment for the City, then I believe that would engender even further animosity from the residents that would linger unnecessarily so I still believe that the best action is demonstrated with a full citizen participation, as I shared 2 weeks ago which was substantial burden of remedy for these affected homeowners shared by a small assistance of compassion from the remainder of the citizens and we can bring this issue to closure tonight. Mayor Furlong: Okay, thank you. I think what we’ve heard this evening and over the last several meetings when this issue has come up is really different ways of responding to the question of what is the role of government. What is government’s role? The issue here is whether or not the City’s taxpayers or utility customers should reimburse the affected homeowners for their insurance deductibles paid or for uninsured losses when the City is not liable for the loss. I think the, we’re all familiar with the incident. It was created by natural forces, by a frost heave and when the water pipe broke it inundated the sanitary sewer line and caused a mess in many homes. It was something that occurred but absent the liability through negligence of the City, there really isn’t any fault there as I understand it. In one sense I think as residents we can all be pleased with the work that our city crews do. With their response when these incidents happen with a regular ongoing maintenance programs that minimize these events from occurring more frequently. But things happen and even with the best people doing the best maintenance possible, things happen. It may not be anybody’s fault but they still happen and I think this is a situation where I’ve observed that you know sometimes bad things happen to good people and I think that’s what happened here. Some of the people that were affected here had insurance to cover the event. Some had coverage but not enough and others didn’t have any coverage at all and either directly or indirectly I think each property owner had made their choice as to level of property insurance that they wanted to have. So the question is, is it really then the responsibility of the taxpayers or the utility customers to be the default insurance company for other residents and businesses in our town? That’s the question, the role for government. If those residents or businesses didn’t have enough coverage for themselves or if they had coverage, to reimburse them for their deductible. A number of residents have spoken to me over these last several weeks about this event. It is something that all have expressed their empathy for the people affected. I know that is true for all of us here and for everyone. Most all have also commented to me that they went home and when they found out about it called their insurance company and tried to figure out whether they would be covered or not. Very normal response. It’s interesting too how different people reacted to those calls. Some were pleased to learn that they already had coverage. They didn’t know it but they had it. Some were not covered and chose to get the coverage. One individual told me that he was not covered. Looked at the cost and decided against getting the coverage. He knew and he even told me you know that he recognized that that was his choice and if something happened he’d have to cover it himself but that was his choice, and in my opinion that’s really how this should happen. Especially in a free society as we have here in this country. That each one of us deciding for ourselves in what’s best for us and for our families and for our property. What to insure. What not to insure and not 27 Chanhassen City Council Meeting - April 11, 2011 having government, whether it’s a City Council or elected representatives at another level of government deciding for us what level of coverage we’re supposed to have, or be the default insurance company. So in my opinion absent of any liability on the part of the City I would not support authorizing public funds to be used to reimburse the affected homeowners either for their deductibles or their uninsured losses. It’s just not a role of government that I think is appropriate for us to pursue and it’s one that’s consistent with, generally consistent with what we’ve done in the past and I think if anything this incident has really brought this matter clearly in focus to this council, to city staff and to many of our residents on where our responsibility is in terms of making sure as property owners, as individuals that we protect our property and we get to choose how that protection occurs and so with that reason, as I said before, I think in terms of whether or not the taxpayers or the utility customers should reimburse the affected homeowners, in my opinion the answer is no. Absent of any liability from the City. And if there is liability, that’s why we have insurance. At our last meeting Councilwoman Ernst talked about the responsible decisions that have been made by this City Council to protect the City when it is liable by carrying insurance and I think that is something that our insurance carrier in this case is Travelers. Everybody knows that. It’s been different insurance carriers over the years but all of them are there to protect the taxpayers. To protect the utility payers when a liability does occur. Even if it’s not intentional because things do happen so at this point I would ask if there’s a motion or any desired action on the part of a member of the council. Councilman Laufenburger: I do have a motion Mr. Mayor. Mayor Furlong: Okay Councilman Laufenburger is recognized. Councilman Laufenburger: I prepared a motion and resolution and I have copies that the council members can read along if they’d like. Mayor Furlong: Thank you. Councilman Laufenburger: Mr. Mayor I would move that the City Council approve the following resolution authorizing payment to those residents affected by the Chanhassen Hills watermain break. Whereas a watermain break resulting in sewer backup occurred in the Chanhassen Hills neighborhood on Wednesday, February 23, 2011, called the event due to frost heaving the soils around the watermain causing the pipe to break, and whereas city staff notified Travelers, the City’s general liability insurance company on February 24, 2011 of the event for their investigation into the resulting losses, and whereas Travelers completed their investigation and could not assess any negligence on the City, and whereas Travelers denied any and all claims presented for property damage resulting from the event, and whereas the Chanhassen City Council determined that in the interest of public health and safety some City assistance was needed. Now therefore, be it resolved that the Chanhassen City Council hereby authorizes payment to those residents from the Chanhassen Hills neighborhood affected by the February 23, 2011 watermain break, the event, in accordance with the following stipulations. Payment will be an amount up to $3,500 per household that chooses to submit claim for payment. And payment will be made to cover substantiated costs per household for the removal of all affected material and debris and the cleaning and sanitizing of the infrastructure of the home in the interest of public health and safety for this event only. And there will be no payment for loss of, damages 28 Chanhassen City Council Meeting - April 11, 2011 to or cleaning and sanitizing of personal property such as carpeting, rugs, furniture and other household property. And payment is subject to homeowners signing a release of any liability claims against the City related to the event and acknowledges that the City is not admitting any guilt or liability. And payment is not subordinate to any payment for coverage provided by the homeowners insurance coverage. And the homeowner also agrees to open their home to inspection for the purpose of verifying that the cleaning, sanitizing, and removal of debris was complete and in compliance with accepted practices for events similar to the event. And any permit fees that may be normally imposed to repair or rebuild that portion of the home that was affected will be waived regardless of whether the permit was property or improperly gained at the time of initial building. However the work will be subject to City inspection for insuring that building codes are followed. And lastly, the City is directed to hire an independent third party adjuster to manage the evaluation of the claims submitted by the homeowner to insure that the claims are accurate and consistent with the stipulation of this resolution. Mayor Furlong: Thank you. Is there a second? Having no second the motion dies. Any other motions that anyone would like to make at this time? Councilman McDonald: Well I guess I’ll make a motion that the City Council at this time has determined that until further action is taken by the residents through either court action or whatever process needs to be followed, that the City Council hereby denies any payments until such time. Councilwoman Ernst: Second. Mayor Furlong: Okay. Motion’s been made and seconded. Any discussion on that motion? Councilwoman Ernst: Can I just get clarification on the motion? So when you were referring to until further notice, are you talking about if it goes to the insurance company? Councilman McDonald: Well yes, if it goes to the insurance company. Councilwoman Ernst: Thank you. Councilman McDonald: That’s what I mean by that, yeah. Councilwoman Ernst: Thank you. Councilman McDonald: Discussion on the motion. Councilman Laufenburger: Mr. Mayor, just a comment. If, if any litigation was brought against the City it’s my understanding that we would be, excuse me. If any litigation was brought against the City concerning this event, my understanding is that the insurance company would defend the City. Is that correct Mr. Mayor or Mr. Gerhardt? Todd Gerhardt: That is correct. 29 Chanhassen City Council Meeting - April 11, 2011 Councilman Laufenburger: Okay. And if the City was found negligent in any of these claims then the insurance company would be obligated, except if they appealed, they would be obligated to pay those claims. Is that correct Mr. Gerhardt? Todd Gerhardt: That is correct. Councilman Laufenburger: Okay. And then we would be subject to whatever our deductible is for any of those claims. Is that correct Mr. Gerhardt? Todd Gerhardt: That is correct again. Councilman Laufenburger: Okay, thank you. Councilwoman Tjornhom: Mr. Mayor, I’m not sure if I feel comfortable making this type of motion without perhaps really thinking about what we’re, no offense to Councilman McDonald but what we’re actually going to be putting in writing so I’d like to table this at this point and go back and come up with some language that is acceptable to myself and other council members. Mayor Furlong: Motion’s been made to table. Is there a second? I’ll second it. Motion’s been made to table. There’s no discussion on motion to table. Councilwoman Tjornhom moved, Mayor Furlong seconded that the City Council table this item so that language for a motion could be prepared and brought back to council. All voted in favor except Councilman Laufenburger who opposed and Councilwoman Ernst who was silent. The motion carried with a vote of 3 to 1. Mayor Furlong: I’m sorry Mr. McDonald, did you say aye on the table? Councilman McDonald: I’ll table it. Mayor Furlong: Okay. And Councilwoman Ernst, did you vote on either side or not? Councilwoman Ernst: No I didn’t. Mayor Furlong: Okay. Okay, motion’s been made to table. The motion to table does pass 3 to 1. Are there any other actions that people want to take forward this evening on this matter? Councilman McDonald: Well if I could just ask for clarification too. Are you asking that council write up something from a legal perspective? Councilwoman Tjornhom: I’m asking that staff and our attorney come together and come up with something that’s agreeable or that we, at least I can read in advance and understand what we’re doing. Mayor Furlong: Okay. Since a motion’s been table we’re still at general comments here. My suggestion folks is that we find closure this evening. That we don’t defer the residents, the issue 30 Chanhassen City Council Meeting - April 11, 2011 here has been before this city and before these residents for a number of weeks. I think it’s time to move on. What I heard earlier is that there were, that there was not support among this council to expend either city taxpayer dollars or utility rate funds to reimburse the residents for their losses. Whether that was their insurance deductibles or actual losses. With regard to whether something comes back at a future time, you know that can come back at a future time anytime but I think it’s worthwhile to direct staff to go back and do something and come back. I think we’re just, we’re just extending it. Councilwoman Ernst: I agree. Mayor Furlong: I don’t think it’s, if the answer is no, which I hear it’s no, giving a slow no is not fair to anybody and I think at this point what I heard is, as a majority of the council, as much as it is a difficult decision, and it is a difficult decision to make. Anytime you have to say no to friends and neighbors, you know I know that we’re all looking at what’s best for the City in our fiduciary role as elected leaders to all the residents, all the businesses of this city. All the taxpayers and I think it’s incumbent upon us to make a decision this evening. The decision or the resolution to, that was offered by Councilman Laufenburger, which was well thought out in terms of a process by which reimbursement could be made, was not seconded. And the reason for not seconding it on my part was in the whereas’s it said that the watermain break was due to a frost heaving. That’s natural causes. There’s no liability there and Travelers determined there was no negligence on the part of the City. We can repeat our comments but I don’t think continuing to extend this and delay and table and ask for more, more, more, I don’t think that’s fair to anybody. Councilman McDonald: Well then I’m confused Mr. Mayor because you just seconded a motion to table it and the reason I went along with that was, I didn’t prepare anything to say no. I did it off the top of my head. I would expect staff to come back with something and to put it into words but the bottom line is I answered was, no money unless we’re found negligent at which point it would be the insurance company paying that. Mayor Furlong: Okay and I guess the reason that I thought it was appropriate to table that is, that happens anyway. There is no council action required for that. Councilwoman Tjornhom. Councilwoman Tjornhom: Mayor is it possible just to go back to the motion that staff proposed at the last meeting and vote on that motion to either give the residents, I don’t remember what that motion said but to back track. Oh go ahead. Roger Knutson: May I suggestion, if you want to say deny the claim the easiest thing is to pass the motion to deny the claim and then if they want to pursue it they pursue it through the court system. Councilman McDonald: That’s fine. Roger Knutson: I’d say a simple straight up motion, move to deny the claims. Councilman McDonald: That’s fine. 31 Chanhassen City Council Meeting - April 11, 2011 Todd Gerhardt: Mayor, council if you want to read something you can use Councilman Laufenburger’s resolution where the Chanhassen City Council hereby authorizes no payment to those residents from the Chanhassen Hills neighborhood affected by the February 23, 2011 watermain break, the event period. And insert no between authorizes and payment. Councilman McDonald: And I’m agreeable to amending my motion to what Mr. Gerhardt said. Councilwoman Ernst: There you go. Mayor Furlong: Why don’t we start with a new motion then to make it clear because the prior one had been tabled so if you want to make a new motion Councilman McDonald. Councilman McDonald: Mr. Gerhardt can I see what you’ve done? Todd Gerhardt: Sure. Councilman McDonald: Okay I make a motion that it be, can I just read the now be it resolved? Todd Gerhardt: Yep. Councilman McDonald: I make a motion that it be resolved that the City of Chanhassen City Council hereby authorizes no payment to those residents from the Chanhassen Hills neighborhood affected by the February 23, 2011 watermain break, the event period. Mayor Furlong: Thank you. Is there a second to that motion? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Is there any discussion? Councilman McDonald moved, Councilwoman Ernst seconded that the Chanhassen City Council hereby authorizes no payment to those residents from the Chanhassen Hills neighborhood affected by the February 23, 2011 watermain break, the event. All voted in favor, except Councilman Laufenburger who opposed, and the motion carried with a vote of 4 to 1. Mayor Furlong: That completes that item. Thank you everybody. Bruce Tanquist: Can I ask a question? Is it too late to just ask a question? Mayor Furlong: If you’d like to come up to the podium and ask a question. Bruce Tanquist: Bruce Tanquist. I live at 8569 Chanhassen Hills Drive South and just a couple questions of Councilwoman Ernst. You said you did some research and that there had been a claim paid. A question regarding that claim. Were there similarities, differences to what 32 Chanhassen City Council Meeting - April 11, 2011 happened in our neighborhood and was that actually litigated or not to get that result? Did the insurance company voluntarily to pay? Mayor Furlong: First of all if you can direct your questions to the council as a whole rather than to one or. Bruce Tanquist: Well she’s the one who did the investigation. Mayor Furlong: And I understand. Bruce Tanquist: I thought that was appropriate. Mayor Furlong: I understand. Councilwoman Ernst if you’d like to answer that’s fine or. Councilwoman Ernst: I’m going to defer that to our manager Todd Gerhardt. That response because he was involved in that and knows where that, how that came about. Todd Gerhardt: The incident occurred on Egret Court and what happened was, there was a sewer backup that occurred due to mineral deposits in the sewer line and that’s where the pipe basically calcifies and blocks the sewage and backs up into the homes. Travelers found negligence on the City’s part because there were several employees and a private third party that were in that manhole that could have viewed that blockage so based on that event Travelers found the City liable. And because it did not involve a watermain break or shifting of soils, it was a blockage sewer backup. Bruce Tanquist: Okay thank you. Mayor Furlong: Okay. Amy Powell: May I have one comment? Mayor Furlong: Certainly and then we have to move on because this matter’s been resolved. Amy Powell: Yes I understand the matter’s been resolved. For the future I would like to say, I understand your stance on having homeowners insurance. We all understand that now. However we do not have a choice about whether or not to connect to the city sewer system. That is one place where, whether we have insurance or we don’t, we don’t have a choice in that matter. So if it happens again and again our insurance companies will cancel us. They will. Because of that. We don’t get to choose. So that’s something to keep in mind for the future. I saw that Travelers has had 5 different claims of sewer backup’s. It certainly sounds like that’s an issue that needs to be either addressed and if we have to have a special rider for sewage backup into our homes, then isn’t that something that should either be addressed by the City’s insurance company or is it going to need to be considered for a future incidents of this matter. Of this type. Mayor Furlong: Well I think it can be considered. I think again my comments, I think the appropriate way to deal with it is for each property owner to provide insurance protection for 33 Chanhassen City Council Meeting - April 11, 2011 their own property for matters such as this where there is no negligence or liability on the part of the City. Amy Powell: Understood however the City does not give us a choice about whether or not we should connect or can connect to the city sewer. We have to so even if we are covered by insurance that’s not an option for us to say I’ll get a sewage, my own sewage system. My own septic system and then I don’t have to worry about it anymore so. Mayor Furlong: I understand. Amy Powell: There is some liability shared on both sides of that issue. Mayor Furlong: Thank you. Let’s move on now to the next item on our agenda which is item number 4. CONSIDER CONCEPT PLANS AND PARK NAMES: PIONEER PARK AND RILEY RIDGE NEIGHBORHOOD PARKS. Todd Hoffman: Thank you Mayor Furlong, members of the City Council. Tonight we’d just like to introduce a little bit further the council to Pioneer Pass Park and Riley Ridge neighborhood parks. Both these new neighborhood park sites were acquired through development partnerships. One with Ryland Homes, and that’s Pioneer Pass Park and the second one with Lennar Homes and that is Riley Ridge Park. The Comprehensive Plan calls for neighborhood parks to be provided, recreation close to home. That these parks be located within a half mile of most homes in our community. That our sidewalk and trail system connects people to these parks and we know that neighborhood parks are the destination for the majority of park visits because of their convenience to the community. The City of Chanhassen in our Comprehensive Plan utilizes a park service area map. The circles, the greenish colored circles are all half mile neighborhood park service areas and so in this instance, being covered with green is a good thing. As you can see most of our residential areas within the community have a neighborhood park service area coverage. These two new parks are both located in southern Chanhassen. One just above the new Highway 212 and one just below the new Highway 212. We’ll start with Pioneer Pass. Pioneer Pass is located just above Pioneer Trail. It’s going to be in the new Pioneer Pass neighborhood and this is Bluff Creek Boulevard, or Bluff Creek Drive and this is Bluff Creek Boulevard. The second park, Riley Ridge Park is located up off of Lyman Boulevard. It has great views of Lake Riley, as does the development which it’s situated in and that is Reflections at Lake Riley. This is the specific park service area map for Pioneer Pass. To orient the council, this is Audubon Road on the west. Bluff Creek Boulevard, which I spoke of and Bluff Creek Drive. The 8.7 acre neighborhood park is located right at this area and you can see it will service the neighborhoods in that area quite well. This is the plat, Outlot E is the park that was acquired as a part of the Pioneer Pass development. And this is the proposed concept plan. Concept plans are developed by the Park and Recreation Commission and staff. Recommended to the City Council and what these are is they set the, kind of the place holder for the future development of the park. It’ll be refined somewhat with neighbor input and citizen input but we want to make sure that the new residents of Pioneer Pass and the adjoining areas 34 Chanhassen City Council Meeting - April 11, 2011 can have an idea of what this park might look like when it’s finally developed or eventually developed. So as you can see it’s quite a well developed neighborhood park, including trails and ballfields. Play area. Half court basketball. 24 car stall parking lot. Nice sliding hill. And then trail connections or sidewalk connections back to the existing neighborhoods in Liberty at Bluff Creek. These are some images, just from just last week. This largest photo is from the north just as the round about that you’re standing on here and looking directly south. These are the new homes that are being constructed in the Pioneer Pass neighborhood. The Ryland Homes sign advertising homes for sale. This would be the park entrance and you’re facing, as you stand here and look into the park, you’re facing west towards the residential development in Liberty at Bluff Creek. And the bottom photo indicates the sliding hill that is located on the south end of the park and so it’ll be a nice sliding hill. And that transition into a wooded area with the neighborhood kids and adults can explore. Moving on to the, transitions into that wooded area. Moving onto Riley Ridge Park. This is the park located off of Lyman Boulevard. This park is expanded by an outlot which I’ll talk about. The developed area of the park is right down here in the bottom side. This elongated circle shows that all of the residents located between Highway 101 and the Eden Prairie border, so it includes all those neighborhoods, will connect in via trails and sidewalks to this park and in the evening when people get home from work they take their children, family members, pets and they do these neighborhood walks. Loops back through their community and what they find at a public park location is an opportunity to meet and to maybe meet their new neighbors and meet some existing neighbors in the neighborhood so it’s a good area to publicly meet your other neighbors in the area. This is the plat, Reflections at Lake Riley and so you’ve got Outlot B as the actual parkland and then Outlot A as the large pond which will expand the park and so the exact actual confines of the park will be this much larger area. And that’s a strategic acquisition so you multiply the open space effect of the park and the ability to people to utilize the area. The proposed concept plan, and again it shows the light area as the outlot or the pond. The more active area is the darker area. There’s a nice trail loop through that region and it connects to the trail system and Lyman Boulevard. Half court soccer or half court basketball. A sledding hill. That open field. This nature, wooded nature loop would be the one of the most attractive amenities to this area. This is very picturesque and beautiful property. Neighborhood playgrounds. Small picnic shelter. That’s the basic concept plan. There’s also a trail spur that connects up here to a viewing area. An overlook over the pond. A larger pond. And this service road will access and be a maintenance road for the storm water pond. It’s one of the requirements of the developer. These are images from last week of this property. The top left image looks from the street. Street views so this is from Lyman Boulevard looking directly to the north and to the east. Over the park property. The view from the bottom is from the interior of this site, looking back into the woodlands and up the hill to the park area. The majority of the parkland is right in this location. And this is a view from that wooded wetland and so this is again some, the trail will intertwine through this area. It’ll be a nice area for people to experience wildlife and the other benefits of that natural area. Park and Rec Commission nd reviewed these concept plans on February 22. They modified the Pioneer Pass concept plan. They flip flopped the basketball court and the play area to make that improvement and then they made a recommendation to the City Council to approve both concept plans and then the park names and believe it or not that park name approval is kind of tricky over time. This was referred to as Lakeview. Then Reflections at Lake Riley. And the park is given the name Riley Ridge Park which the developer appreciates and so we just want to make sure that everybody’s referring to these properties with the same name as we move forward. Next steps would be that 35 Chanhassen City Council Meeting - April 11, 2011 the City Council approves the proposed concept plans and park names. Although we own the properties, we haven’t assumed final control of this site because we are utilizing agreements with the developers for grading and until we assume the final control of the land we won’t be moving forward. We want to give time for the neighborhoods to grow so we have some neighbors in the specific neighbor, or specific…to work with along with the neighbors in the surrounding areas. We’ll bring them in to future neighborhood meetings to talk about these sites. We want to initiate capital improvement planning. Host those neighborhood meetings. Review the concept plans and then the commission, based upon public review and comment, we’ll create and recommend park master plans to the council at a future time and then with all that in place we can begin construction at some future date on both of these sites. Be glad to answer any questions that the council has. Before you we have a proposed motion tonight for action by the council. Mayor Furlong: Thank you. Questions for staff. Councilwoman Tjornhom. Councilwoman Tjornhom: I just have one real quick question. The parks look great. What makes the criteria of ever adding a ice rink? Todd Hoffman: To either one of these locations? The landform at Riley Ridge Park would probably not accommodate an ice rink but you could install an ice rink either over the baseball field or the soccer field at Pioneer Pass and generally we’ve been trying to keep those ice rinks in strategic locations where you can have a warming house and so it would take special action by the commission and the council to initiate the process of putting an ice rink here. Generally ice skating has been dwindling as usage has diminished and so we basically have the ice rinks at community park sites. Not very many neighborhood parks. Councilwoman Tjornhom: I just didn’t know if there was a criteria or a formula you followed to say oh, this qualifies for an ice rink or not. Todd Hoffman: If we can have lights and a warming house, then it’s a better location for a hockey rink. Councilwoman Tjornhom: Okay. Mayor Furlong: Okay, other questions. Councilman Laufenburger: I have a question. Mayor Furlong: He has an answer. Councilman Laufenburger: I’m sure he does and it’s going to be a good one. Mayor Furlong: The question or the answer? Councilman Laufenburger: Both. Why are you calling it Riley Ridge Park? 36 Chanhassen City Council Meeting - April 11, 2011 Todd Hoffman: Instead of Reflections at Lake Riley neighborhood park? Councilman Laufenburger: Or instead of anything. Why Riley Ridge Park? Todd Hoffman: Riley Ridge, just to pick up on the Lake Riley and then the fact there’s a ridge line in the park so, it’s just a recommendation. It can be changed by the council. Councilman Laufenburger: Is there anything else that would be called Riley Ridge or Ridgeway or Ridge Drive or anything like that? Todd Hoffman: The developer has shown interest in calling the main road Riley Ridge Drive. Councilman Laufenburger: That which is now identified as Springfield Drive? Todd Hoffman: Yes. Councilman Laufenburger: Okay. Shown some interest? Todd Hoffman: (Yes). Councilman Laufenburger: Would this pretty much cement the deal? Todd Hoffman: Can’t speak for them. Councilman Laufenburger: Thank you Mr. Hoffman. I like the name by the way. I just wanted to know why. Todd Hoffman: Great. Mayor Furlong: Other questions. In terms of the process here, so that we understand specifically and current and future residents understand too. We approve a name. We approve a concept. The name, likely will stay. The concept, how firm is that? Do we start including portions of the concept plan in our CIP going forward this year or for the 2012? How quickly do we start that process? And maybe it’s different for the two different parks but, and are these improvements for the park, are they to be done in a one or two season or is it over a span of seasons? Lots of questions. Todd Hoffman: Sure, absolutely. Mayor Furlong: Where’s the process take us and how do we get there? Todd Hoffman: The capital improvement plans will need to be amended. These two park sites were originally in the capital improvement plans some 5 to 8 years ago. Development took a downturn. They were taken out and so even the acquisition was a special authorization by the City Council to go ahead and take advantage of that opportunity. So they’re going to have to, the park commission’s going to have to shift some dollars and I think what it’s going to take is, it’s 37 Chanhassen City Council Meeting - April 11, 2011 going to take these neighborhoods to start develop. If you see neighborhoods full of houses, there’s going to be a desire to start developing these park sites and so you have some something other than just a grass field on those particular locations. They can be phased and staged but there’s certain things that have to happen right up front. It makes very little sense to go ahead and finish grade and seed a park site if you don’t have certain things in place like parking lots, trails, ballfields because you’re going to have to come back and wreck what you’ve already done to put those things in place. Items like playgrounds. Picnic shelters. Those type of things can be staged. The same is said for trees. You might as well plant the trees before you go ahead and finish grade and seed otherwise you’re coming back and you’re damaging finished grade and seed to get those things in place and so how I would best describe that is although they can be staged, the majority of everything should happen right up front whenever you start in order to make the best use of your investment. Mayor Furlong: And the cost for these park developments based upon the concept plans, and perhaps it’s in there and I missed it. If it I apologize. What’s the estimated cost for both these concept plans? Todd Hoffman: There’s a broad range. Mayor Furlong: Sure. Todd Hoffman: But $400,000 to $750,000 for each of these sites would be the initial development cost. Mayor Furlong: Okay, and that would give you the things you have to do up front? Todd Hoffman: Correct. Mayor Furlong: Okay. Todd Hoffman: As I foresee it, I believe we’ll be doing much of this as a general contract and so we can see much more value in our dollar acting as a general contractor on a city level and working with an asphalt contractor and then we manage that project and we get those improvements put in place. If we were to go out and bid these as a package, the costs would go much higher because of all the overhead in planning. Mayor Furlong: Okay. In Riley Ridge Park there’s a picnic shelter. Is that typical for neighborhood parks or how many of our neighborhood parks have that? And how many don’t? Todd Hoffman: About a third do and two-thirds do not. Mayor Furlong: Okay. Todd Hoffman: What we find is it’s a, the newer ones they’re put in and we’re going back and installing those there. It’s a gathering point for shade and conversation and typically located adjacent to the children’s playground. 38 Chanhassen City Council Meeting - April 11, 2011 Mayor Furlong: It seems to me to be a nice amenity for a neighborhood park. I wasn’t sure how many had those. Todd Hoffman: A third to a half. Mayor Furlong: Okay. And what’s the cost for a picnic shelter generally? Todd Hoffman: $50,000. Mayor Furlong: Okay. Alright. And so given that both of these parks were coming in with new developments, those developments are occurring next to some earlier developments. I mean in terms of Pioneer Pass we have the, a number of homes that have already been built right along there. Along Bluff Creek Boulevard. With Riley Ridge Park, or development, we have North Bay for example and Springfield. What do you think, depending on the timing and maybe it’s a function of when these developments actually get developed. At this point when do you think, and if it’s a range is all you can give me that’s fine. The timing of when you think each of these parks will be developed. Todd Hoffman: Pioneer Pass is coming along quickly. More quickly. It’s a year ahead and so I would think we would start construction either in the spring of 2012 or 2013 on Pioneer Pass and Riley Ridge I would estimate would be one year past that so either 13 or 14. And you bring up something that’s good to remember in that the neighboring developments have paid into the park fund and so they paid into the park fund with an expectation that the City will follow it’s Comprehensive Plan and provide these recreational facilities in their area. Both for their recreation needs and also to preserve their home value and their property values over time. And so the Springfield neighborhood paid full park dedication. Well no, I take that back. They dedicated parkland to Bandimere but then in the case of the other developments in that area. Mayor Furlong: North Bay. Todd Hoffman: North Bay, they all paid into the park fund in the adjacent neighborhood. Down south the Liberty at Bluff Creek neighborhood paid a big chunk of money in park dedication. I think if we were to study that, they’re going to pay, those park dedication fees will pay, if not for the entire, most of the majority of the development. Mayor Furlong: And in that location Mr. Hoffman, the Pioneer Pass, do you see this as serving not just Liberty on Bluff Creek but also the, now I’m going to forget the name. Todd Hoffman: The Preserve? Mayor Furlong: Is that the Preserve further up Bluff Creek? Todd Hoffman: Yeah. They’ve changed the name again but the original Preserve, yes. Mayor Furlong: Right. And so this would also serve that neighborhood as well. 39 Chanhassen City Council Meeting - April 11, 2011 Todd Hoffman: Yes. Todd Gerhardt: He has a photo or a map. Mayor Furlong: You have a circle? Todd Hoffman: Yep, we’ve got a circle. And here it is. That half mile touches. Mayor Furlong: So it does reach some of those homes and practically it would probably serve all the homes in that neighborhood. Do you anticipate? Todd Hoffman: In the future there’s a large woodland right here that in the future some kind of a node. It won’t be anything similar to this but some kind of a public park node on the corner of that woodland would be available, or at least looked at in that particular location. Mayor Furlong: So you have more options is what you’re. Todd Hoffman: More options. Mayor Furlong: You always have options for parks. Very good. Other questions? Todd Gerhardt: Hanging around Paul too much. Mayor Furlong: I’ll start with the comments and I know there have been other comments. First of all I appreciate all the work and effort that’s gone into this. Building a city takes a lot of different steps and our park trail system is one that has taken many steps over the years but we’re starting to see and have seen and this is just the next few steps that it takes to really build that vision for our city so, interested in other thoughts from council members in terms of both requests for naming the parks and for the concept plans. It must be getting late. Councilman McDonald: I know it’s getting late but. Mayor Furlong: And warm. It is warm, yes. Councilman McDonald: No I do appreciate the work that the parks commission put into all this. You can tell that there was a lot of thought, especially in the review. You know just moving the children’s area from the outside to the inside. You know that just shows you’re paying attention to details. Mayor Furlong: Yep. Councilman McDonald: The names to me are fine. It makes logical sense from the questions that we’ve asked you know how did they show up so I don’t have any problems supporting any of this. 40 Chanhassen City Council Meeting - April 11, 2011 Mayor Furlong: Thank you. Any other comments or would somebody like to make a motion? Councilwoman Tjornhom: I’ll make a motion. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: I make a motion that the City Council approves the proposed park concept plans for new neighborhood parks to be located in Reflections at Lake Riley and Pioneer Pass. And the park names Riley Ridge Park and Pioneer Pass Park. Councilman McDonald: I’ll second. Councilwoman Ernst: Second. Mayor Furlong: I think Councilwoman Ernst, beat you to the second. Any discussion on the motion? Good with the motion? Councilman Laufenburger: Just that I, Mr. Mayor. Mayor Furlong: Yes. Councilman Laufenburger: I’m just pleased to see such active work occurring south of Highway 5. Mayor Furlong: Is there a motion to strike that remark from the record? Okay. It is getting late. Any other salient comments? Hearing none. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the proposed park concept plans for new neighborhood parks to be located in Reflections at Lake Riley and Pioneer Pass with the park names Riley Ridge Park and Pioneer Pass Park.All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you Mr. Hoffman and I know we met with the Park and Recreation Commission tonight and Mr. McDonald your comments were spot on in terms of their involvement and activity. That’s a good group as all our commissions are but they do a great job. APPOINTMENT TO ENVIRONMENTAL COMMISSION. Mayor Furlong: We have one other appointment to make. In our last two meetings we made appointments to the Planning Commission, Senior, Park and Rec and Environmental Commission and due to a resignation there is an additional position open on our Environmental Commission. We had a number of candidates interview over the past several weeks and at this point I would move forward the recommendation or the nomination of Jenna Marie Rodenz to be 41 Chanhassen City Council Meeting - April 11, 2011 appointed to the Environmental Commission to, is this for a 3 year term or is it a partial year term Mr. Gerhardt? For Commissioner Kirchner. Councilman Laufenburger: Expires March 31, 2013 so it’s a 2 year. Mayor Furlong: Okay, so thank you. For a 2 year term to expire March 31, 2013. Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded to appoint Ms. Rodenz. Comments. Discussion. Councilwoman Tjornhom: I just want to comment that I think she’ll be a welcomed addition to the Environmental Commission. I like the fact that she’s a teacher and so I think she’ll be able to bring some educational pointers or that concept perhaps to the Environmental Commission. I know that’s one of their goals is to educate people on the issues that are at hand and I also like the fact that she’s a life long Chanhassen resident. You know she’s grown up here and she has roots here and I think she will do very well serving on the Environmental Commission. Mayor Furlong: Okay, thank you. Any other comments? Hearing none we’ll proceed with the vote. Mayor Furlong moved, Councilwoman Tjornhom seconded to appoint Jenna Marie Rodenz to a 2 year term, expiring March 31, 2013, on the Environmental Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: C. APPROVE RELINQUISHING RIGHTS TO JUSTICE ASSISTANCE GRANT (JAG) FUNDS. Councilwoman Ernst: Mr. Gerhardt, if you can make this very brief and short, right to the point I’d appreciate it but basically all I was looking for on this was to give a brief explanation of what this grant program is. I know it refers to overtime in the police department but I’m, if you could be, elaborate on why we’re declining it that would be helpful. Todd Gerhardt: Yeah. Mayor Furlong: Summary of the original, great. Mr. Gerhardt. Todd Gerhardt: Back in April of 2009 City Council accepted the JAG grant. It’s the Justice Assistant Grant program and what this program was put in place was to provide dollars back to cities for those cities that incurred additional overtime than what they had originally budgeted. For the past 4 years we’ve budgeted $70,000 for overtime and I think the closest that we got was about $68,000 and this year we’re tracking less than last year so there’s an administrative side of receiving this grant. We have to fill out monthly reports that basically say we have not drawn on the money and there’s no need for it at this time and so we would have to incur over $70,000 in 42 Chanhassen City Council Meeting - April 11, 2011 overtime access these dollars and roughly $11,966. Monthly either Laurie or I receive a phone call from somebody from Washington saying you never filled out your monthly report and there’s no change and is what basically you have to write into these report. And so it’s, you know we just don’t see we’re ever going to access the funds so instead of having to do monthly reports and if we did have to access them and utilize the money we probably wouldn’t use the entire amount and we’d have to do a single audit and you know it’s kind of becoming an administrative nightmare. Councilwoman Ernst: So do we have to use the total amount? Todd Gerhardt: No. The program. Councilwoman Ernst: If we accept it? Todd Gerhardt: You would only use up to $11,966 if you incurred over $70,000 in overtime. So if you ended the year at $71,000 you would only be able to utilize $1,000 of the $11,000. Mayor Furlong: And Mr. Gerhardt, that’s through the end of this year? It expires in 2012 I see in the staff report. Todd Gerhardt: Correct. Mayor Furlong: So over the next several months. Councilwoman Ernst: Alright, thank you. Mayor Furlong: Okay. Alright? Todd Gerhardt: For us to officially not accept the money we need a council action. Councilwoman Ernst: And I just wanted to make sure that we weren’t giving up money that we could use, or that we, you know even though we’d have to fill out those monthly reports, if it’s money we would use, I wouldn’t want to give it up. You know what I mean? Todd Gerhardt: Yeah, it’s not included in our budget. We’re not counting on the money. It would be there for safety net if for some reason we incurred substantial overtime between now and the end of the year or next year. Councilwoman Ernst: And that’s probably not going to happen. Todd Gerhardt: I hope not. Mayor Furlong: Okay. Councilwoman Ernst: Okay. 43 Chanhassen City Council Meeting - April 11, 2011 Mayor Furlong: Would somebody, there’s a motion been recommended by staff. Would somebody like to make the motion? Councilwoman Ernst: I’ll make the motion. Mayor Furlong: Thank you Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the decline/return of the Justice Assistance Grant program in the amount of $11,966. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I’ll second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution#2011-22: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the decline/return of the Justice Assistance Grant program in the amount of $11,966. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: I’d just like to make one comment. Karen Engelhardt, the City’s Office Manager who has been with the City for a number of years lost her father last week. The funeral was today and I’d just like to make a comment on the public record that, for Karen and for her family that the entire council and everyone involved at the City is keeping them in our thoughts and prayers so it’s a tough situation for her and I just wanted to make mention of it and to let her and her family know how much we care about her and them at this time. Other council presentations? ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: We are out street sweeping if you’re getting questions from neighbors or business people, the sweeper is out and picking up the sand that we put out this winter. It has several benefits of keeping that sand out of our wetlands and ponds for maintenance purposes and as Terry would say it’s one of our requirements for our NPDES criteria so we are out and so if you see the machine out and about, that’s what they’re doing. And also the Mayor and I are going to get up early tomorrow, along with Todd Hoffman and Paul Oehme to show our appreciation to our public works crew for putting out that sand and getting up at 3:00 and 4:00 in the morning to make sure our streets are cleared so we can get to work for our daily activities so this has been a practice that we’ve done in the past. Not on a consistent practice but we’ve made them breakfast a couple of times in the past and after this winter we thought it was well deserved and the entire council is invited. Mayor Furlong: Please come if you can. 44 Chanhassen City Council Meeting - April 11, 2011 Todd Gerhardt: We posted that there may potentially be a quorum so Roger can breathe easy tonight. Councilwoman Ernst: I want to make sure he’s going to have chef’s hat on and pictures. Todd Gerhardt: Well it’s going to be a real challenge because each one of us is making our own egg bake so. Mayor Furlong: Why are you looking at me that way? Todd Gerhardt: There’s no throw down here. Just so you know if you watch Bobby Flay, there’s no throw down and there will not be any names labeled on the 9 by 12 pans. Mayor Furlong: No vote for me? Our crew do a good job and this year especially. As Mr. Gerhardt says it seems very fitting that we say thank you so I’m looking forward to it. Councilwoman Tjornhom would you like to discuss anything about the council? Councilwoman Tjornhom: I’m good, thank you. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 45