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CC 2011 04 25 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 25, 2011 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Laufenburger, Councilwoman Tjornhom, and Councilman McDonald COUNCIL MEMBERS ABSENT: Councilwoman Ernst STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Paul Oehme, Todd Hoffman, Roger Knutson, and Jill Sinclair PUBLIC PRESENT: Vernelle Clayton 422 Santa Fe Circle Katie Mahannah 92 Shasta Circle East Mayor Furlong: Thank you and welcome to everybody here in our council chambers and those watching at home. We’re glad that you joined us this evening. I’d like to start by asking members of the council if there are any changes or modifications to the agenda. I’ll probably be switching the order of a couple of the items under public announcements just so from a flow standpoint it works but other than that if there are no changes, without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: Mayor Furlong: With that we have some public announcements. Awards to pass out. Some contest winners to recognize so I’m going to come down in front and we’ll get started with some fun stuff. I’d like to start with information announcement and invitation for Arbor Day at the City of Chanhassen this year. Arbor Day in Chanhassen, in a few minutes on our consent agenda th the council’s going to consider a proclamation declaring May 7 as Arbor Day in the city of Chanhassen. As part of that I would like to invite all residents and guests and their families to th join in Arbor Day activities which will be on Saturday, May 7 at Lake Ann Park. The purpose of Arbor Day of course is to recognize the benefits that trees provide to our city and to our th quality of life and with that proclamation declaring May 7 as Arbor Day in Chanhassen, there will be a number of different activities. On that day itself, at 9:00 a.m. at the Hilltop shelter out at Lake Ann people will be gathering. Members of our Environmental Commission and myself and others will be gathering for a small, short greeting. The weather is going to be better this year I will guarantee so it was a little cool last year but do dress for the weather. The event will be rain or shine. After the short gathering we will be planting, volunteers will be planting trees. 19 shade trees around some of our ball parks, similar to what we did last year. Refreshments and other activities will be available before and after the plantings. As I said the event will go on on th May 7 rain or shine so please come. Be a part of the activity for planting trees on Arbor Day. Chanhassen City Council - April 25, 2011 As part of our Arbor Day activities as well, we have an annual Arbor Day poster. We’d like to recognize some of the winners of that poster contest. What I’d like to do is invite a couple members of our Environmental Commission to come up and join me. David Christianson and Bob Kircher are here, if you’d like to come up and join me. Good evening. Bob Kircher: Good evening. Mayor Furlong: Thank you. On behalf of the City Council and Environmental Commission I’d like to congratulate all the winners of this year’s Arbor Day poster contest. The City has been sponsoring this contest for 12 years in order to express our commitment to trees in our city. th Every year our local 5 graders are invited to submit their drawings based upon the annual theme. The 2010 the theme was trees are terrific in all shapes and sizes. City of Chanhassen th would like to thank all the 5 graders at St. Hubert’s School, Bluff Creek Elementary and Excelsior Elementary schools for their wonderful drawings. The City would also like to thank Lotus Lawn and Garden for their generous donation to the grand prize winner of a potted tree of his or her choice. The framed winning picture will hang in City Hall along with past winners over the last 12 years. Unfortunately this evening our grand prize winner, Tiana Connelly will not be able to be with us because of a death in her family but we will have her invited to a subsequent meeting of the City Council and recognize her at that time. At this point I’d like to th invite the following individuals, 5 graders, the runners up who will be receiving one of these potted lilacs, is that correct? Jill Sinclair: (Yes). Mayor Furlong: And when I call your name if you can come up and join us up here. We will, do we have a copy of their pictures as well? Bob Kircher: Right here. Mayor Furlong: Oh excellent. So they get their picture back. Very good. Ellie Loehrer. If she’d like to come up. Why don’t we just have all of them join us so we get a big group picture tonight as well so… Congratulations. Why don’t you step right over there for a group picture. The next is Hannah Nichols. Congratulations. Sophia Truempi. Is Sophia here? Did Sophia make it tonight? How about Rachel Tritch? Do you have Sophie’s picture? Right over here. Rachel, congratulations. Emma Theil. Certificate and picture. Jake Maus. Is Jake here? Okay. Chris Gray. Is Chris here? Chris. Excellent. Yaneira Rodas. If I misprounce a name, I apologize. Calvin Allen. Is Calvin here tonight? Okay. Nourhan El-Sanjak. Congratulations. Marta Brunner. Amelia McGraw. Sonja Zbinden. Excellent. Why don’t you guys come back in this way. We’ll fill it in. We want to make one or two rows across the front. Let’s hear it for our young artists. As each of you leaves tonight you can take one of those lilacs as well. What I’d like to do now is recognize some members of our commissions. Two of our commissions. Some outgoing members are here. We’ll start with a couple members of our Senior Commission. Charlie Robbins and Fred Prinz. Charlie, Fred, why don’t you come up here. Come on up here… Two members of our Senior Commission, Charlie Robbins and Fred Prinz. When Charlie was first appointed to the Senior Commission in 2007 and has been instrumental as a member of the commission. A number of his accomplishments while serving on the 2 Chanhassen City Council - April 25, 2011 commission, he was a volunteer driver for Smart Link Transportation. A volunteer Defensive Driver Instructor. Member of our Lions Club that sponsors our annual Senior Picnic out at Lake Ann, which is a very well attended event. Volunteer for Meals on Wheels driver as well. Fred was first appointed to the Senior Commission in 2008 and has been a valued member of the commission as well. His accomplishments include a volunteer Meals on Wheels driver. He has contacted a number of Chanhassen businesses and advocated for senior citizen parking stalls, of which we get a few each and every year so the numbers are growing. Fred has volunteered for numerous city functions including Arbor Day, Halloween Party, and serving as an election judge for many years. So Charlie and Fred, on behalf of the City Council and all members of the City of Chanhassen, thank you for your service on the Senior Commission. Charlie Robbins: Thank you. Fred Prinz: Mayor, thank you. Mayor Furlong: Let me invite up Beverly Foster and Bob, were you going to come for Rose? Rose Kircher couldn’t be here tonight but…Rose Kircher and Beverly Foster have both been members of, are outgoing members right now of our Environmental Commission. In 2007 Rose was appointed to the commission and Beverly followed a year later. All have brought creativity, passion and commitment to the commission while they served. Contributed in a number of different ways. Recognizing the environmental stewardship in our city with the Environmental Excellence Award program that we award each and every year. Promoting the Arbor Day poster th contest, which we saw earlier this evening with 5 graders in our city. Revitalizing our Arbor Day celebration in honor of the spirit of the day with tree planting which began last year and will th be continuing on May 7. And then donating their time and talents with public education at the rdth July 3 and July 4 events. And Beverly you also served as an officer of the commission. Vice Chair, yeah for a few years so Beverly and for Rose, if you can extend our appreciation to her. Thank you for your commitment and service on the commission. Sincerely appreciate it. CONSENT AGENDA: Councilman McDonald moved, Councilman Laufenburger 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 April 11, 2011 -City Council Verbatim and Summary Minutes dated April 11, 2011 Receive Commission Minutes: -Planning Commission Work Session Minutes dated April 5, 2011 Resolution#2011-23: b. Approve Resolution Proclaiming May 7, 2011 as Arbor Day. c. TH 41 Trail and Underpass Project: Approval of a Wetland Alteration Permit in conjunction with the construction of a paved 10-foot, off-road, multi-use trail within TH 41 right-of-way from Longacres Drive to TH 7 and within the portions of Lake Minnewashta Regional Park. Applicant: Carver County Parks. 3 Chanhassen City Council - April 25, 2011 All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Tonight we have Lieutenant Jeff Enevold with us from the Carver County Sheriff’s Department. Lieutenant, welcome. This is your first report in your new position so, and you get to move the podium. Lt. Jeff Enevold: Mr. Mayor, council, good evening. Mayor Furlong: Good evening. Lt. Jeff Enevold: Three quick items for you, if I could. First thing I’d like to do is introduce or re-introduce myself to some of you folks that know me so I’ve been working as a deputy sheriff since January 1, 1990. I got my first job. I came to Carver County in 1993. I worked several years in the city of Chanhassen as a deputy. Most of that was on the night watch but I’m familiar with the city. I’ve worked my way up through the ranks. Was Corporal, Sergeant, Lieutenant. Most recently I was a Commander of Operations down at the sheriff’s office which was in charge of the contract policing. As you know last year Bud Olson, or at the beginning of the year Bud Olson retired. Jim Olson was elected Sheriff. There was an opening here at Chanhassen. I rose my hand and said I’d like to take that opportunity to work up at the City of Chanhassen and Jim Olson assigned me up here and I’m really happy to be here. Like I said I’ve worked with many of you as the contract manager and building the model that we have up here and I think we have an excellent model and I’m very proud of the work that we’ve done to build that model up here. This was my second week here as a liaison Lieutenant. I’ve met a number of employees here in the city of Chanhassen and I know I don’t have to tell you folks what a great group of people you have working here and I’m just really honored to be part of the team up here so I really appreciate that. I’m looking forward to working with all of you in the years to come to maintain and improve the contracting model we have here today so I’m looking forward to that. Second item is the monthly stats. I saw nothing out of the ordinary there but if you have some specific questions I’ll do my best to try and answer those questions for you. The third item is the kind of a flood update on Highway 101. I know that’s still closed. I got the most recent update today. They’re starting repairs as of this morning and they anticipate that will be opened in 1 to 2 weeks so that should open up all the traffic across the river there for us which will help traffic flow so. So that’s all I have if there’s any questions of me I’d be happy to answer those for you. Mayor Furlong: Thank you. Any questions for Lieutenant Enevold? Councilman Laufenburger: I just had one Lieutenant. Welcome. Nice to have you back in Chanhassen I think. There was one of the reports that you had reflected a gun permit acquisition which seemed to be slightly higher than last year. Or actually not slightly. Significantly higher than last year. Any thoughts on why that might be? 4 Chanhassen City Council - April 25, 2011 Lt. Jeff Enevold: For the acquiring of a gun permit? Councilman Laufenburger: Yeah. Lt. Jeff Enevold: You know I don’t know that off hand but I can certainly talk with Lauren down at the office there who approves those and does all the checks on those. Councilman Laufenburger: I certainly don’t have a problem with it but I’m just wondering if that’s a key issue there. Lt. Jeff Enevold: I will check on that and I will get back to you. Councilman Laufenburger: Thank you very much. That was my only question Mr. Mayor. Mayor Furlong: Thank you. Any other questions? Councilman McDonald. Councilman McDonald: Well I just want to say welcome. Good to have you back over here. You’re following in some great footsteps and looking forward to working with you. Lt. Jeff Enevold: Thank you. Appreciate that. Mayor Furlong: And I will echo that. I think we’ve had a very good relationship with the City and the Carver County Sheriff’s Office in large part because of your role most recently as Commander and so we look forward to working with you here as well in your new role so again congratulations. Welcome and let us know if we can help make you more successful at any time. Lt. Jeff Enevold: Appreciate that. Thank you Mr. Mayor. Mayor Furlong: Alright, thank you. Todd Gerhardt: Mayor, council I just wanted to make one comment regarding Jeff. You know when Jeff showed interest in being the Lieutenant up here, I didn’t hesitate in saying oh yeah, we’ll take Jeff. I’ve had the pleasure of working with him for the last 10 years on the contract and he is very professional. Hard working. Dedicated to the law enforcement agency at Carver County Sheriff’s Office and we’re very fortunate to have this individual working for us here so Jeff, welcome and I expect cookies tomorrow now. He brought cookies the first day at our staff meeting which were unbelievable. Mayor Furlong: We might even expect cookies at a council meeting. Todd Gerhardt: I know some council members prefer cake but cookies will be fine. Mayor Furlong: Some do. Very good, thank you. Chief Roger Smallback with the Chanhassen Fire Department’s here this evening as well. Good evening Chief. 5 Chanhassen City Council - April 25, 2011 Chief Roger Smallback: Good evening. First off the statistics for the month. We ended the month of February, or excuse me, the month of March with a total of 35 calls. Month to date for April we’re at 39 calls for service and year to date overall at 165 calls for service. All of these numbers are pretty consistent with historical averages. We did have one residential structure fire. It occurred this Friday. Last Friday. It was Audubon Village Circle. A townhome over there. It was a garage fire and it didn’t make the news and not a whole lot of talk about it because it really didn’t do a whole lot of damage. However, this fire is very, very significant because it was a sprinkler saved. The reason this fire didn’t do a whole lot of damage is because the home that it was in was equipped with residential fire sprinklers. The fires, we got dispatched to a water flow alarm at, what was it? 0438. Basically 4:30 in the morning on Friday morning to this call. When we arrived there we observed the garage door was closed but we observed smoke coming from around the edges of the garage door. We got the homeowner up and everybody was cleared out of the house and we determined that there was a sprinkler head activation in the garage. We opened the garage door. Ventilated it. Got all the smoke out and we could see where there was a small fire that started in the front of the garage. The heat built up to a point. Activated the sprinkler head. The sprinkler put the fire out. What could have happened at 4:30 in the morning, everybody’s asleep. That fire could have done very, very significant damage before anybody noticed it. So I cannot emphasize enough that fire sprinklers save homes. Fire sprinklers save lives and this is another example of it. Todd Gerhardt: Chief Smallback, just to expand on that incident a little bit. This was a six-plex townhouse development. Chief Roger Smallback: That’s correct, yep. Todd Gerhardt: When you have a multi unit complex like that, we require those units to be sprinkled so it could have even been worst where it would just follow one townhouse to the next to the next. They were all adjoining and it worked perfect. It was the one sprinkler head right in the garage. Chief Roger Smallback: Correct. Todd Gerhardt: It did not set off the rest of them throughout the house or other complexes so it was just a perfect system. Chief Roger Smallback: Yeah, it was a textbook save in every respect so, but it really emphasizes the value of residential fire sprinklers and Chanhassen’s very fortunate to have a Fire Marshal that developed the building codes that require these. Mayor Furlong: Very good. Thank you. Any questions for the Chief? Any update on the pancake breakfast from about a week ago with the Lions Club. Chief Roger Smallback: Yeah. 537 people attended which is, last year I made the comment that there was more people than I’d ever seen before and this year there was every more. It was a tremendous success and many thanks to the Chanhassen Lions for hosting this event every year. 6 Chanhassen City Council - April 25, 2011 Mayor Furlong: Well and we do appreciate that. We also thank the fire department for working with the Lions Club on a great event and a good charity. Thank you. Chief Roger Smallback: Okay. PUBLIC HEARING: 2011 STREET IMPROVEMENT PROJECT 11-01: ASSESSMENT HEARING, AWARD CONSTRUCTION CONTRACT. Mayor Furlong: This will include an assessment hearing and we will consider not only the level of assessments but also consider awarding construction contract. Let’s start with a staff report please. Paul Oehme: Sure. Thank you Mayor, City Council members. As the mayor indicated tonight we’d like to award contract for the 2011 street improvement project. I’d like to just go through a little power point talking about the project and some of the… Since we’ve last discussed this th project on January 24 at a public hearing, the council did authorize advertisement for bid for the thth project on February 28 and then bids, city staff did receive bids for the project on March 25. th We received 8 bids total and then on April 14 we did have an open house for the project in each of the areas so, and for that open house there were 266 property owners, properties that were invited to that meeting and for this public hearing, or for this assessment hearing tonight there, that 266 properties are also invited for this meeting. So up to this point no assessment letters, contestants have been received by the City. Purpose of the project is to just try to improve our infrastructure. Streets proposed for rehabilitation basically can no longer be maintained cost effectively with minor maintenance. Pot hole patching or sealcoating and those type of things. The severities of the streets are to the point where those items are no longer cost effective. Streets that are proposed, and trails too, proposed for improvements under this project were identified through the pavement condition scores through the pavement surveys that we do every year. Here’s a drawing showing the locations of the improvements. Downtown area on West th 78 Street. The commercial area. Santa Vera district which is urban residential and the rural residential areas in Timberwood and also included in the project are improvements to the trail systems within the community. I’d like to just touch on briefly each one of these project areas. th First, the urban commercial area is the downtown area again. There’s little over 7/10’s of a th mile of streets that are proposed to be rehabilitated. So on 78 Street from Powers up to Market Boulevard is proposed mill out 3 inches of the existing bituminous surface and overlay this entire roadway with new bituminous. As well Target Lane and Picha Drive, Kerber Boulevard are also proposed to be overlaid in conjunction with this project as well. Here we’re looking at a 2 inch overlay. Random or miscellaneous curb and gutter. Concrete curb and gutter that is damaged or has settled has shown deficiencies that are proposed to be replaced at various locations and a loop detecting system for the signals at each of the intersections is also proposed to be replaced at this time. For the urban residential area, just over a mile’s worth of street proposed for mill and overlay. Again is a, for this area it’s a 2 inch mill and overlay so the streets proposed for these improvements are Santa Vera Drive. Basically it’s from Powers Boulevard to Saratoga Court. Saratoga Court’s included in the project. Saratoga Drive from the cul-de-sac down to Laredo Lane. Chippewa Trail and Chippewa Circle are also proposed to be included in the project. Again miscellaneous curb and gutter is proposed to be replaced that is damaged or has settled. Some minor drainage improvements are also proposed. Notably the intersection of 7 Chanhassen City Council - April 25, 2011 Kerber Boulevard on the west side on Santa Vera Drive is proposed to be reconstructed. Putting valley gutter in. Some drain tile as well to make that intersection drain a little bit better. Also Chippewa Trail and Santa Vera Drive and Saratoga Drive, there’s some minor drain tile improvements are also proposed. And then along Santa Vera Drive we are proposing to add a couple catch basins as well. 7 gate valves, 8 hydrants have been identified to be replaced at this time. Actually the gate valves are going to be reconditioned with new bolts. We’re going to dig them up and replace basically the inner workings of the valves. There are 3 manholes that are proposed to be reconstructed with I & I barriers to reduce the amount of inflow, surface water and ground water getting into the sanitary manholes and then there is a section of 60 foot of sanitary sewer on Saratoga Drive that is also proposed to be replaced that has settled so. And then for the improvements, the multi-family units versus the single family units there is a separate assessment roll that I’ll walk through later in the presentation. For the rural residential areas of little over a mile’s worth of streets are proposed to be reconstructed basically. This entails milling up the full depth of the bituminous pavement that’s out there. Basically using the existing ground up bituminous material as base aggregate. We’re proposing to then re-pave the entire street with 4 inches of new bituminous pavement. Streets in this area again are on Timberwood Drive, Pinewood Court here, Maplewood Trail, Acorn Lane, Oakwood Ridge and Renaissance Court. This area is again it’s a rural section so there’s no curb and gutter currently out here in this development and no curb and gutter is proposed to be included at this time. Also this is rural lots and no sewer and water is currently provided to these properties and under this project there is no sewer and water proposed to be constructed in this area. And no connection to Timberwood Drive, from Timberwood Drive to Stone Creek Court is included in the project. Trail, like I said, a trail maintenance is also included in this project. We’ve included trail maintenance in our overlay projects. For the last couple years. Approximately 5,700 lineal feet of trails are proposed to be ground up and repaved again. No assessments are proposed for any of these improvements. That’s all city funds. Also included in the project is the parking lot improvement at southeast parking lot at City Hall here. There is a need for additional parking stalls at the southeast parking lot. Library and senior events have taxed the capacity of this parking lot. We have city staff has tried to alternate these type of events with limited success during the summer months so it’s proposed to reconstruct this parking lot and add additional stalls. Again these improvements are not going to be assessed. Also included in the project is miscellaneous concrete sidewalk and curb and gutter work at various locations throughout the city. These improvements are historically added into the contract as well. Staff includes some of this type of work in the larger projects just so you have larger projects so we anticipate getting better bids than bidding out this work separately so, and again no assessments are associated with this type of improvement. For the street assessments, for the benefiting property owners, the terms of the assessments are proposed at 8 years at 5 ¼ percent. So just going through the assessment methodology and the cost associated with the, each of the project areas. It is the City’s practice to assess 40% of the benefitting cost of the street improvements only back to the benefitting properties so for the urban commercial areas the total cost for that section of the work is a little over $440,000 so 40% of the cost for the street improvements are proposed to be assessed. This assessment area is based upon area calculations. Not individual properties so that assessment roll is included in your packet, if you have any questions. Regarding the medium and high density residential urban areas, again the project cost for this area of Santa Vera Drive is a little over $87,000. $35,000 of that project cost is proposed to be assessed back to the benefitting property owners. We’ve calculated a little over 145 units of assessments. That includes 32 units 8 Chanhassen City Council - April 25, 2011 from the Carver County CDA apartments and then one City property proposed to be assessed so for this assessment per unit it’s just over, a little over $200. For the single family residential on the east side of Kerber Boulevard, this project area cost is a little over $250,000. Again 40% proposed to be assessed so that’s a little over $100,000. There are 75 units of, in this area. 5 of which are from an apartment building on Santa Vera and Laredo. There are 3 units the City has calculated for City Center Park that front this project area so we’re proposing to assess the City for those, for that frontage. The proposed assessment unit in this area is $1,337.01. For the rural residential total project cost for this area is a little over $300,000. Again 40% proposed to be assessed back to the benefitting property owners. There are 38 units in this area so the unit assessment is $3,426.13. So basically that’s the entire project with the assessments. Project funding is shown here with the cost broken out for each of the areas. Again assessments, total assessments for the project are a little over $443,000 for the streets and for the City cost it’s $664,000 approximately so out of that, those two costs, funding will be paid through the revolving assessment fund which is typically used for street improvement projects. The water improvements are, will be paid out of the water enterprise funds. The sanitary sewer repairs are proposed to be paid out of the annual infiltration abatement project that we typically have in our CIP annually. Storm sewer improvements, amount of $17,000 are proposed to be paid out of the storm sewer utility fund. City Hall parking lot improvements, that was a capital improvement plan item that was included in this year’s improvement project list. That one is just a little bit over budget at this time. Maybe I could talk a little bit about that project. The City is looking at talking to the contractor about potentially change order out. Some of the landscaping work and tree removals for the parking lot. That work is proposed to be handled by the city staff if a change order is approved so, and that would roughly get us down to what the budget number that is in the capital improvement plan is. Trail maintenance, again that was budgeted through the pavement management fund for this year. Trail maintenance. Storm sewer is also proposed to be paid for under the storm sewer enterprise fund and then the miscellaneous concrete sidewalk work and curb and gutter work is also proposed to be paid under the pavement management fund as well so for a total project cost of a little over $1.45 million dollars. So moving forward, looking at the schedule if the project would move forward, staff is proposing to have the rural residential and trail improvements start in May here and then it would approximately take us to rd July 3 to complete that work. The urban commercial area, the downtown district and the Santa thth Vera project area, we’d like to start that project after July 5. July 4 basically and approximately take a month or so to complete that work. The urban residential area as well is thst from July 5 to August 31 and then the City Hall parking lot proposed to start after September th 6 and go through the first part of October. That’s to, so while the library and some of the senior events can take place prior to construction. So with that, if there’s any questions I’d like to try to answer them and I request that an assessment hearing be opened at this time. Just as a reminder, the staff did not receive any assessment contestants at this time but if any resident, property owner wishes to contest their assessment at this time, it must be filed at the City prior to the assessment hearing being closed. Objections after the public hearing or the assessment hearing will be invalid. So with that if there’s any questions. Mayor Furlong: Let me start. How would somebody file an objection if they were interested in doing that? What do they have to do here before we close the assessment hearing? 9 Chanhassen City Council - April 25, 2011 Paul Oehme: Sure. They have to have filed a written objection just stating their name, their address, that they’re contesting their assessment. Mayor Furlong: And give it to you. Paul Oehme: Give it to, yes exactly. Mayor Furlong: Alright, very good. Other questions or questions for staff? Councilwoman Tjornhom. Councilwoman Tjornhom: Yes. I have a question regarding the contractor or the person that won the bid, or the company. Tell us about, or tell me about the relationship you have with them and what qualifies them as the best bidder besides the price. Paul Oehme: Sure. We’ve worked with GMH Asphalt a couple times in the city. I think I believe the last project they completed for us was Lake Lucy Road from, I think it was Galpin over to Powers Boulevard and that was maybe 4 years ago. 4-5 years ago now so they’re scheduling and the workmanship and, was acceptable at that time so we did not have any issues with that contractor for that project so, and we have not heard of any issues with that contractor since that project. Mayor Furlong: If I can follow up on that. How is their, how is their communication coordination with residents that live along Lake Lucy on that project or other neighborhoods that access Lake Lucy directly? Here we’re going to be working through neighborhoods as opposed to more of a through street or collector minor, collector, I don’t want to get into definitions but. Paul Oehme: Yeah, sure. We always sit down and talk with the contractor prior to them starting a project so we make sure that they’re noticed. Where their notification process, the process that we have here in the city. Make sure that they get the notices out on a timely manner. We will have a resident engineer, staff member here out on site on a daily basis to checking on the quality of their service to the residents and making sure that the notices that they provide to the residents are out there so we will be checking with the contractor on a daily basis to that respect. In terms of the last project they worked with us on, I can’t recall a major incident that would disqualify them from moving on and working with us on this project. Mayor Furlong: Okay. And maybe this will come up but what information will we be providing to the residents in each of these projects in terms of when the scheduling and two, what to do if they have concerns or questions? How to contact? Paul Oehme: Sure. And before the contractor would start a specific project area, the City would send out a, basically a card, a postcard identifying when the project would start. Approximate completion date. Who to contact in terms of a emergency contact from the contractor and a resident city staff member inspector that they can call on a regular basis too, so we’ll provide them at least probably 2 to 3 phone numbers where they can contact either a contractor or somebody at City Hall here. Also there will be notification, interim notifications as well if a road has to be shut down for utility work. We’ll always try to notify those property owners 10 Chanhassen City Council - April 25, 2011 ahead of time, especially if say a hydrant has to be replaced in front of their property or, and will have limited access to their driveway for a certain number of hours. We try to get the residents at least a 24 hour notice for that type of inconvenience. Mayor Furlong: Okay, thank you. Other questions? Councilman Laufenburger: I have just a couple Mr. Mayor. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Paul, will there be any signage directing people who want to patronize the retail establishments that are impacted by this, especially on Market Boulevard? Will there be any signage to say you know this way to Cub or this way to Target or Byerly’s? Have we done anything like that in the past and is that necessary again? Paul Oehme: We haven’t planned on doing any notifications for that respect. This is a mill and overlay project so it’s our intent that the roads, especially in the downtown area will be open during the construction process so there will be interim closures if they’re you know paving right in front of a driveway or a big mill or dump trucks are blocking a certain access point at a certain time but overall there will, there should be access to each of the businesses on a daily basis so, not to say there won’t be some inconveniences unfortunately that’s the nature of construction in roadway projects but we definitely try to work with the businesses and try to limit the amount of inconveniences and those type of things. Councilman Laufenburger: Okay, thank you Paul. Second question. I believe you’re using 2 inch overlay, a 3 inch mill and overlay and a 4 inch mill and overlay at the various projects. I think I got that right. Can you just talk a little bit about how long you expect that this work will remain in place? In other words, when will it be necessary to do this again? Are we talking 5, 10, 15, 20? Can you just speak a little bit about that? Paul Oehme: Sure. You know we do, under the feasibility study and the preliminary design we do hire a geotechnical engineer to come out and take borings of the existing pavement section. Based upon that information we can estimate the amount of traffic on those type of roads and the volumes. Based upon that information we can come up with more or less a pavement design to suit that type of traffic. So you know our goal is to try to have at least 20 year life span for these type of roadways. It’s kind of difficult for some of the more urban areas, the downtown areas where you have so much traffic. Somewhat more variable but our goal is to try to have at least a 20 year life span for these type of improvements and you know it’s kind of dictated by how much preservation of you know sealcoating. Making sure that we’re crack filling the cracks that will appear in the future as best as we can to try to keep as much surface water off of that sub- grade so that’s, so it depends upon a lot but you know that’s our goal is to try to have a 20 year life span. Councilman Laufenburger: And just re-state again the 4 inch mill and overlay you’re doing in the Timber, the urban residential. So you’re taking out, you’re going to grind up all of the existing bituminous. 11 Chanhassen City Council - April 25, 2011 Paul Oehme: Right. Councilman Laufenburger: And that will be foundation for the overlay, is that correct? Paul Oehme: That’s correct, yep. We’re going to use that for foundation. Specifically in the Timberwood neighborhood we found that the sub-grade is a little bit less than we’d like it to be so we’re using that ground up material as base material and then adding 4 inches of new bituminous surface on top of that. Typically we put 3 inches back. We’re adding another inch here just to give us a little bit more structural strength. Councilman Laufenburger: So that road would be a little bit higher to the residents, is that correct? Paul Oehme: Yeah, it will be a little bit higher overall at the driveway entrances. Those areas will be graded out but still have 4 inches of asphalt but it will be a little bit higher in some areas. Granted there are some soft spots that we anticipate to see out here too so those areas will be ground out, or dug out a little bit as well too so some of that ground up asphalt material, bituminous material will be used as the sub-grade there so there’s a little bit of balancing there but we do not anticipate any trucking off any of the ground up asphalt or Class V. Councilman Laufenburger: Alright, thank you Paul. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions Mr. McDonald? Councilman McDonald: No. Mayor Furlong: I guess to follow up on Councilman Laufenburger’s question, his first question about the businesses. Is it possible to get a sign at the edge of the project area codifying you know all businesses open during construction period or access to businesses during construction period is you know available or something to that point. Paul Oehme: Sure. Mayor Furlong: Just so that there’s, I’d hate to have somebody drive around and go someplace else without recognizing that businesses are open for business. Paul Oehme: Sure. Yeah, we can do that. We were anticipating to have some advanced signage too prior to the construction actually starting. You know 10 day notice, you know this street will be starting to be worked on too so we can definitely add a sign like that into the notifications as well. Mayor Furlong: Yeah, I think we want to make sure that there’s no hesitation for people to continue patronizing the businesses. The other question I have with, is with regard to storms and storm water management during the construction period. I know this isn’t a full reconstruction, which we had last year and in your neighborhood, but there were some challenges there again I 12 Chanhassen City Council - April 25, 2011 think because of the nature of the project, which was a reconstruction as opposed to mill and overlay and also with the topography but what are we going to do this year to try to avoid some of the challenges that we had with storm water management? Especially with regard to trying to manage the storm water so that it doesn’t affect individual properties. Paul Oehme: Sure. You know like you said mayor, this is a resurfacing project so all the existing storm sewer systems will be in place as opposed to the reconstruction where I mean basically there was no storm sewer available for that project so. So all the storm sewers will be operational and functional. There will be some baskets at each of the low point catch basins too to catch any of the fine particulates that potentially can get into the catch basins so. Mayor Furlong: Okay. Paul Oehme: In terms of storm sewer you know flooding issues or disruption to businesses or to impacts to residential units, you know in this particular type of project I would anticipate to be minimal so. Mayor Furlong: Okay. If there are any, if you want to review it and whether it’s putting in some temporary silt fencing or something to that effect, and maybe and again, maybe it’s not an issue with this project so much but I think as we look to next year as we start doing some more reconstruction projects to remember that and look for opportunities to improve what we do. Todd Gerhardt: I think our biggest risk is the trail project that has probably the most erosion control measures as a part of it. Mayor Furlong: Probably some already in place there. Paul Oehme: Yeah, it’s right next to the Bluff Creek and so we want to definitely protect that as best as we can do. The good thing here is, we’re not removing any of that pavement or digging up that area so we’re not really disturbing any of the sub-grade material. Just leaving the asphalt in place which doesn’t erode as much as the clay material that you see on reconstruction projects. Mayor Furlong: And that’s great. As long as we keep it in mind. I’m sorry Mr. Gerhardt, do you want to say something? Todd Gerhardt: Well I just, we still expect the mayor to do inspections on Saturday. Mayor Furlong: And we’re grateful for the city manager coming out after Saturday morning phone call but just keeping that in mind. Paul Oehme: Sure. Mayor Furlong: If there’s anything there. Any other questions? At this point. What I’d like to do then is open the public hearing and invite interested parties to come forward and address the council on this matter. Don’t have a lot of people here but I want to make sure that everybody’s question gets answered and Mr. Oehme if we can use your slides on the different project areas 13 Chanhassen City Council - April 25, 2011 and maybe just go right through, starting with project area number 1. There we go. And let’s start with this and we’ll just go through the 3 project areas, and again if anybody’s interested in filing an objection to the proposed assessment, they need to do so in writing prior to us closing the public hearing so at this point I would invite any property owner or other interested party to come forward and provide the council with comments as part of our public hearing for this project. This portion of the overall project. The downtown urban commercial. Nothing? Okay, nobody at this point. Let’s go onto project 2. Is there anybody that would like to address the council with regard to this portion of the street project? The urban residential. No? Okay. Let’s go project 3. Area number 3. Rural residential. Timberwood Estates. Anybody that would like to provide comment to the council on this area of the project? Okay. As I understand it those were the 3 areas that involved assessments, is that correct? Paul Oehme: That’s correct. Mayor Furlong: And we did have a public hearing earlier with regard to feasibility issues and such with regard to the scope of the project. Paul Oehme: That’s correct. Mayor Furlong: So the purpose tonight was strictly for the assessment hearing? Paul Oehme: Yeah, and if there’s any residential questions about the scope of the project or anything else too… Mayor Furlong: Okay, additional questions. Paul Oehme: But yeah, this is mainly focused on the assessment and the contract itself. Mayor Furlong: Alright. Then I guess I would just, since those are the areas I would just make a call and invite any, anyone who’s interested in making a comment on any portion of the street portions, 2011 street projects or trail projects to come forward and address the council at this time. No? Seeing nobody, is there a motion to close the public hearing? Councilman McDonald: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Councilman McDonald moved, Councilwoman Tjornhom seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The assessment hearing was closed. 14 Chanhassen City Council - April 25, 2011 Mayor Furlong: Let’s bring it back to council then. Any other questions that people have with regard to any aspects of these projects or this street project? Mr. McDonald. Councilman McDonald: I have one question. I’ve just been sitting here thinking about it. I think it’s been answered but you know when we did Laredo, up in that area for the storm water improvements, we ended up having someone appointed that the neighbors could call because there were complaints about starting construction prior to the hours and maybe going after. Is that kind of what you’re talking about when you pass out these phone numbers? Will they have someone that they can reach out and touch? Paul Oehme: Yep. Absolutely. You know that’s something we definitely want to keep on top of so definitely if the inspector for the project, that cell number will be available. We’ll give somebody for the contractor number that they can call too and then maybe somebody at City Hall here too to follow up on day to day questions as well as the project moves forward so. Councilman McDonald: Okay, and then is there going to be any kind of like a phone tree set up in the residential area because if we’re going to be doing things, shutting down streets and stuff, that’s probably something people would like to know before the day of or you know the day before. Are we going to have something such as that set up to communicate better what the schedule’s going to be? Paul Oehme: Yeah, we’re anticipating that since this is a rehabilitation project, a mill and overlay project, you know most of the streets are going to be accessible on a daily basis. You know there’ll be a time where the hydrants are going to be replaced or sewer line’s going to get fixed, so there’ll be intermittent smaller closers and definitely the properties that potentially will be affected by those type of activities would be notified on a case by case basis so again we try to at least give them a 24 hour notice when that work would start. Councilman McDonald: Okay, thank you. Mayor Furlong: Thank you. Any other questions at this point? There are two requested motions before us this evening. One regarding the accepting bids and awarding the contract and the other regarding the assessment and there’s a resolution included for each of those so I would ask if whoever would make the motion to include adoption of the enclosed resolution as part of their motion for clarity. At this point if there’s no other discussion would somebody like to make a motion? And unless there’s objection by members of the council we can certainly proceed with both of these in a single motion I assume Mr. Knutson, is that correct? Roger Knutson: (Yes). Councilman Laufenburger: I’ll make that motion Mr. Mayor. Mayor Furlong: Councilman Laufenburger. 15 Chanhassen City Council - April 25, 2011 Councilman Laufenburger: I move that the City Council accepts the bids and awards the contract for the 2011 street rehabilitation project, City Project 11-01 to GMH Asphalt in the amount of $1,364,307.24 and the resolution associated with that. Mayor Furlong: Thank you. Councilman Laufenburger: Motion. And I move that the City Council adopts the assessment roll for the 2011 street rehabilitation project, City Project 11-01 and the associated resolution. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion to the motion? Hearing none we’ll proceed with the vote. Resolution#2011-24: Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the City Council adopts the assessment roll for the 2011 Street Rehabilitation Project, City Project 11-01. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Resolution#2011-25: Councilman Laufenburger moved, Councilwoman Tjornhom seconded that the City Council accepts the bids and awards the contract for the 2011 Street Rehabilitation Project, City Project 11-01 to GMH Asphalt in the amount of $1,364,307.24. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Furlong: Thank you everyone. Thank you Mr. Oehme in advance for your work on these projects. Appreciate it. Look forward to updates during the construction process. Paul Oehme: Absolutely. APPOINTMENT TO THE ENVIRONMENTAL COMMISSION. Mayor Furlong: As we discussed earlier in the evening at our work session, there is one vacancy on our Environmental Commission due to the resignation of one of the members. There was discussion and need to appoint a successor to this position for a 2-year term which would expire March 31, 2013. At this time I would place the name of Glenn Kaufmann or nominate Glenn Kaufmann to fill that position and ask for a second. Councilman McDonald: I’ll second. Mayor Furlong: Thank you. A motion to appoint Glenn Kaufmann has been made and seconded. Any discussion on that motion or other comments that members of the council would like to make? Hearing none we’ll proceed with the vote. 16 Chanhassen City Council - April 25, 2011 Mayor Furlong moved, Councilman McDonald seconded to appoint Glenn Kaufmann to a 2-year term expiring on March 31, 2013 on the Environmental Commission. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Got one item. There was a couple articles in the Villager regarding cable TV and customer service issues with Mediacom and it’s been a while since we’ve had Mediacom come before the City Council. Just wondering if Mayor, council members you’re interested in having a representative from Mediacom come to a council meeting and discuss their customer service standards and procedures. How they go about determining rates. How they respond to outages. Those are probably three of the top complaints that we receive from the staff level. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: I’ve got a question. Is that, would that be a meeting in a work session or would it be at a regular council meeting? Todd Gerhardt: It could be either of the two or both and one where we could schedule him for a work session and then have him come under visitors presentation and publicly explain their standards. And then potentially even, you know we have had open houses where Mediacom has put notices in the paper where residents, businesses could come in and meet with Mediacom representatives one on one here at City Hall. It could be the Rec Center. Councilwoman Tjornhom: I think it would at least be, I mean I think it would be good to meet with them but I think it would also be good to maybe try to…the public once again that we are not the cable company and that we don’t control Mediacom and you know, they’re a private institution like we are and so you know, so they understand. You know there was an article in the paper but I just think it would be good once again to educate people about differences. You know that they are a private company and we are City Hall and we don’t run Mediacom. Mayor Furlong: Well and there is no exclusivity associated with the agreement. Councilwoman Tjornhom: Exactly. Mayor Furlong: With the franchise agreement. It’s an open agreement. If another company wanted to do that. I think you know my response to your question Mr. Gerhardt is, it’s certainly, you know they’re welcome to come to the council meeting and let people know and in fact utilize our own cable service and let people know what they do in terms of customer service and how they seek. You know I did have a, well I think that would be helpful. Councilman Laufenburger: Mr. Mayor I would welcome them as well. In fact I would encourage them to present themselves and make themselves more visible. Quite possibly as just an education process that they need to convey to our citizens but I’m assuming that their visit to 17 Chanhassen City Council - April 25, 2011 council, whether it’s the council chamber or work session, part of that would include a staff report which would be kind of a summary of the contract. This is a contract that I’m not familiar with. I’d like to know more about that contract that they have with the City so as long as that’s part of the information, that would be very worthwhile for me. Mayor Furlong: Well we can certainly distribute. Councilman McDonald: Yeah if I could just kind of weigh in on this because I don’t see any point in having them come in. Yeah this is not an arm of the City. We do not control the cable company. If there are questions about it, I think the cable company needs to make their own arrangements to do their own public PR work and stuff. I don’t think that’s our job. I agree the contract is very open ended. Any other cable company can come into the City and say hey, have we got a deal for you. Yeah, we’re open to that but I read the emails and everything. Everybody’s upset about customer service and those things. We can’t do anything about it. At this point I don’t think we ought to schedule anything to have Mediacom come in here because all that does is give the impression we can control them and do something and we can’t so I think it’s their problem to take care of their own PR. Mayor Furlong: And I think you’re right. You’re absolutely right about that Councilman McDonald. The only thing I would suggest to that is at visitor presentations, we quite often have various organizations that are affiliated directly, indirectly or sometimes even not at all come in and make presentations at visitor presentations to us and the sole purpose is certainly a benefit for those of us that… Councilman McDonald: No, I’m quite fine with visitor presentations but. Mayor Furlong: And that’s what I’m. Councilman McDonald: But as Councilman Laufenburger was getting around to, I don’t want staff spending any time putting any kind of reports together. Mayor Furlong: My only thought there is, clearly it’s a public document for the agreement and we should distribute that to the members of the council. Todd Gerhardt: Sure. Councilman Laufenburger: That would satisfy my request. Mayor Furlong: Yep. And then people can take a look at it and as a public document that’s certainly available to anyone else, any member of the public that would be interested in that as well I assume. Todd Gerhardt: And you know staff is ready to explain that document if you have any questions. You can call us or if you want to have it on a work session, we can go through it in detail. What you have is really two documents, a franchise agreement and then an ordinance which is the enforcement portion of the franchise agreement so I will share both of those with the council. I 18 Chanhassen City Council - April 25, 2011 think we do make it available on our web site and if not we will and we have distributed to the public so anybody that would like a copy, we can make it available. Mayor Furlong: That’s probably sufficient. We have a number of documents that we don’t put on the web site that are agreements that are certainly available to the public. Whatever makes sense. I think it’s, any other comments of this? Councilman McDonald: No. Todd Gerhardt: That’s all I have. Mayor Furlong: Okay. Any questions for Mr. Gerhardt? No? Or his staff. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 19