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CC 2013 05 13 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 13, 2013 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 McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, and Tom Scott PUBLIC PRESENT: Michael Clausen Chanhassen Brian Grafsgaard Minnetonka MCE Tim Litfin Minnetonka MCE Mayor Furlong: Thank you Lamont and welcome to the other scouts here from Troop 330. We’re glad that you’re here this evening working on a merit badge and others in the council chambers as well as those watching at home. Thank you for joining us this evening. At this time I would ask if there are any changes or modifications to the agenda from the council. If not we’ll proceed with the agenda as published. CONSENT AGENDA: Councilman Laufenburger: Yeah Mr. Mayor, since we didn’t have a chance to review 1(e) in the work session, I’d like to pull that off the consent agenda. Mayor Furlong: Let’s bring that in as item number 5 under New Business. Councilman Laufenburger: Thank you. Mayor Furlong: No, no problem at all. Any other separate discussion on items 1(a) through 1(d)? Councilwoman Tjornhom moved, Councilwoman Ernst 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 22, 2013 -City Council Verbatim and Summary Minutes dated April 2, 2013 b. TH 101 (Lyman Boulevard to Pioneer Trail) Improvement Project 12-06: Approve Construction Administration Contract, Construction Observation, Soils & Materials Testing and Survey. c. Approval of Quote for Resurfacing Floor at Fire Station #1. d. Approve Amendment to City Code Chapter 19, Article IV, Subsurface Sewage Treatment Systems. Chanhassen City Council – May 13, 2013 All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: TOUR DE TONKA PRESENTATION, TIM LITFIN, MINNETONKA COMMUNITY EDUCATION. Mayor Furlong: Thank you. We do have a presentation from Tim Litfin with the Minnetonka Community Education regarding Tour de Tonka. Good evening Mr. Litfin. How are you this evening? Tim Litfin: Just perfect on a nice summer night Mr. Mayor. Thank you. Mayor Furlong: Great, good to see you. Tim Litfin: Good evening Mr. Mayor, council members, city staff. Thanks for allowing me here tonight. Tim Litfin. I’m the Community Education Director for Minnetonka Schools and I’m here to talk to you about Tour de Tonka. A bike ride coming through your community, as it always does, in just a few weeks because that’s maybe how fast summer will be this year but it’s coming up quick and I’ve got a committee member with me this evening, Brian Grafsgaard. Tour de Tonka is put together by a wonderful group of volunteers and Brian is one of them and he’s here to help me as well tonight. And I’ve got a presentation that perhaps someone has and will bring up for me, is that correct? Mayor Furlong: It’s in our council packet if you can get that up. Can you get that up? Tim Litfin: I’ve got it on jump drive Laurie if you need it as well. And just like that Laurie comes through like she always does. Thank you Laurie. Here’s a picture of the start from last year. It’s a very grand beginning to the event and the event starts and stops at Minnetonka High School. How many have seen it? Been there. Ridden in it. Helped at it. A couple three. Good, outstanding. We’re speaking to rd veterans here in the crowd. That’s outstanding. The event as you can see is Saturday, August 3. Coming up real fast and if I can get this baby. There we go. Here’s a few photos from the beginning last year and from the event itself centered in the group of photos is a couple that got married last year at Tour de Tonka so we had a little extra celebration last year and that was extra fun for everyone involved and you can see there’s dancing as well as bike riding on that day, if you go to the right rest stop where the music is playing. Tour de Tonka has grown considerably in just it’s 7 years and you can see the growth in front of you and last year was a good sized year and we’ve got a nice number of riders but we’re capable of handling them and we do a nice job with the parking and the streets are all laid out. The roads are well marked and the volunteers are awesome and you can see we have many riders of all ages last year. The demographic that we serve has been a male dominated field but in this room I see several females that could tip the scale this year so we’re hopeful that I can encourage all of you to come but it’s really grouped, it’s been grouped strongly by men in 50 to 59 year old category ever since it began but it’s pushing strong with the other ages a well. Last year we had riders from everywhere. We really did. We’re quickly changing the name of Tour de Tonka to Minnesota’s Ride because out of 87 counties last year, 53 were represented in the event and that’s amazing, plus plenty states. And it used to be those people from out of state were coming because they happened to be here on vacation. Well now we’re hearing from those folks that they’re coming for one reason on that weekend and that’s to ride in Tour de Tonka so that’s pretty special and it really highlights all the great communities we ride through. One of them of course is right here, Chanhassen. Every one of the ride distances come through Chanhassen in one piece, corner or another and you lay out the red carpet. Carver County is awesome to work with as you are in the city so we really appreciate the cooperation that we get here in Chanhassen. We really also cater to our legacy riders. Those that have been there with us since year one and that number is now 80 strong including that triple there which is the dad and his two daughters. They have ridden every year, although the little one was perhaps just dragging along behind in year one, she was there. The top 10 participating communities, and you can see where you rank, although last year you knocked down just a 2 Chanhassen City Council – May 13, 2013 tich here in Chanhassen from 2 to 3 but you’re still very high on the participation list and that’s a good place to be and lots of riders from Chanhassen every year. This event really ties nicely into what Bill Morris, and I’m sure many of you are familiar with Bill Morris who is Decision Resources. Does a lot of surveying with cities. With schools. With counties and he, just a year ago did some research on communities connection and what he came away with was that community education, when you have a strong community education program the affiliation that people, residents feel for their community is much stronger when there’s a community education that is considered to be a strong program in your school district and/or city and so that’s what this survey from Bill Morris shows you and he, when I met with him he described several cities in the metro area and Minnetonka, Chanhassen this school district came out real high on his list so that’s what he’s telling us here is that the quality of life in your community is considered higher when you have a good quality community ed program. Here are the top 40 communities and you can see the riders are coming from all over the place and the metro area is real strong and in the last year or so we’re trending eastward so we’re picking up more of the Hudson, the Woodbury’s and the Lakeville’s, that way and continuing strong in this area as well. Last year we had the ride distances on the left and there’s the number of riders that rode in each one and as I said earlier, every one of those ride distances comes through Chanhassen and so that speaks well for Chanhassen. We partner with the ICA Food Shelf and they do a great job. They see this as their biggest event each year to get the word out about their need and we’re a great partner with them and they love having us on board and the feeling is mutual. All the future Tour de Tonka riders also are given a little kids ride the week of th Tour de Tonka. This year it will be on Monday, July 29 so any 2, 4, 5, 6, 7 year old out there wants to ride, come on through as well on that week. Volunteers are key and you can see the number of volunteers that help us every year and the event simple does not happen without volunteers and when you’re talking that number of volunteers you know it’s a major event and the folks on the bottom left, it’s a family of volunteers and the guy in the middle, he’s the walking taco every year and he’s out there on some corner and he was in Chanhassen last year giving direction. Police and fire support is phenomenal and you can see your partners right here, Carver County sheriffs are just awesome. They just are, I don’t see a representative in the room or I’d go over and shake his or her hand. They’re fantastic every year as are all the fire departments nearby. The ride distances this year are very similar to last year but we did add a 51 so people had requested something in the middle-ish so we kind of hit that 51 mile mark so it gives them another distance to shoot for. Those are the communities we’ll be traveling through this year, and you can see Chanhassen is right on board there as well as all the communities around you and if you’re wondering where we go, there’s as I said 6 different distances but the big red one, that is the 100 mile route and it swings far and wide and everything starts and stops at Minnetonka High School and then we go north from Minnetonka through Deephaven. We swing around towards 494 and then right back through Wayzata and then we head west and we, that little heart beat if you will going to the top of the page, that says we go up to Delano and then they’ll swing down from Delano to Watertown to Mayer to, out towards Norwood-Young America and then we swing back to Waconia and then back over this way through Victoria, Chan, Chaska, etc and back home again to Minnetonka High School so that’s the 100 mile and I just give you that look to have you see how big of an event it really is and we’re putting people on all corners out there to guide and guard riders. To make it safe and so now you know why we need 487 volunteers. Rest stops are huge and they’re a lot of fun and those are the rest stops that are involved this year. They’re all full of music. There are bands. Food galore and people just hang out and have a good time. Except for the few that think it’s a race. It’s not a race. It’s a ride but they might charge hard through it. And no event happens of course without awesome sponsorship as well. Doesn’t matter what event it is in 2013 and Tour de Tonka is no different and these are our partners and we’re very glad and proud to have them onboard. T-shirt artwork this year. New logo and then I’ve got a video that is something I’d like to show you here and that will describe perhaps a little bit better so if you could hit that for me Laurie to start, thank you. Alright, we’ll go with no video tonight and that’s the way life will be in Chanhassen and that’s perfectly fine so we’ll go to the next slide real fast and there is the website and the phone number should you have questions. Comments. Want to volunteer out there in the community tonight, if you’re watching or just ride or have any comment at all. We do have lots of comments every 3 Chanhassen City Council – May 13, 2013 year and we hear positive and we hear a few can you do this, like help us another corner guard in this area or maybe not ride in front of my house this year. You know we get all kinds of comments and we react and thankfully to the city administrations that we work with, we’re usually able to resolve any kind of an issue that there may have been and to put it out in a very good way the following year. Any questions or comments council members? Thank you for allowing me down here tonight. Mayor Furlong: Questions for Mr. Litfin? No? Very good, thank you. Tim Litfin: Thank you very much. Mayor Furlong: Appreciate the event and it’s quite an event and ride and so thank you very much for all the work and for the volunteers on the board and others that are involved with it, we really appreciate their service. Tim Litfin: Alright, thanks. Have a good meeting. Mayor Furlong: Anyone else for visitor presentations this evening? Let’s move on then to the next item under our agenda which is under a public hearing. REQUEST FOR OFF-SALE INTOXICATING LIQUOR LICENSE, MLNG, LLC DBA THE VINTAGE; LOCATED IN CROSSROADS OF CHANHASSEN AT THE NORTHWEST QUADRANT OF CR 101 AND LYMAN BOULEVARD. Laurie Hokkanen: Okay, this is a request that mirrors what you saw at this time last year. You approved both the building and a liquor store license in March and April of last year and since that time, as the plans have moved along, the ownership of the off-sale liquor store requiring the off-sale liquor license has changed and so it does require new background checks. New application and new approval by the council. We have done the required background checks and found no issues. No negative comments. We are also required to hold a public hearing. Mayor Furlong: Thank you. Any questions for staff? If not then I would open up a public hearing and invite all interested parties to come forward to address the council on this matter. Seeing no one, without objection we’ll close the public hearing. Bring it back to council. Any comments or questions on the part of the council? If not would somebody like to make a motion. Councilwoman Ernst. Councilwoman Ernst: I make a motion the City Council approve the request for an off-sale intoxicating liquor license from MLNG, LLC dba The Vintage contingent upon receipt of liquor liability insurance and the license fee. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the request for an off-sale intoxicating liquor license from MLNG, LLC dba The Vintage contingent upon receipt of liquor liability insurance and the license fee. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 4 Chanhassen City Council – May 13, 2013 PUBLIC HEARING: 2013 STREET IMPROVEMENT PROJECT 13-01: ACCEPT BIDS AND AWARD CONTRACT; ASSESSMENT HEARING. Mayor Furlong: We’re going to start with a staff report. What I would say is that if there is a desire on the part of a property owner to object to the assessment, that objection needs to be provided in writing to, we’ll designate Ms. Hokkanen this evening prior to the close of the public hearing so let’s start with a staff report and then we’ll continue with questions from staff. Open the public hearing and continue on with our consideration. Mr. Oehme, good evening. Paul Oehme: Good evening Mayor, City Council members. For tonight’s assessment hearing, the agenda is before you as the Mayor indicated. Staff would like to go through a little bit of the background. The need for the project. What’s included in the project. The project schedule as we move forward. Proposed schedule and then bid results that we have received. The financing plan proposed and the proposed assessments as well as after that information staff would request that an assessment hearing be opened as well so. For this year’s project, 2013 there are four major locations within the community of Chanhassen that staff is proposed to improve the road system. Approximately 4.6 miles of streets are considered for improvements this year. Major areas include Melody Hills, which is off of Highway 41 and Galpin. Greenwood Shores, which is just off of, Greenwood Shores which is off of Powers Boulevard. Indian Hills and Horseshoe Curve just off of Pleasant View Road and then Sandy Hook neighborhood, Cheyenne area off of Highway 101. So I’d like to just touch briefly on each of the project areas. Greenwood Shores first. There’s approximately 1.8 miles of streets in this neighborhood. Streets were improved or constructed about 37 years ago. There has been numerous sealcoats placed on the road. Redmond and Shawnee Streets have been overlaid in the past just because of the condition was so deteriorated. Staff did that work in-house. As you can see the pavement condition indexes are shown here. Down in the 20’s and 30’s which indicates that the roads are in need of significant work. Basically a PCI of about 100 is brand new streets so we are definitely in the street reconstruction or redoing the streets area. This area, staff did look at urbanizing the streets which means adding curb and gutter and full storm sewer systems but this neighborhood is fully developed. There is no area for NURP ponds or storm water treatment in this area so staff is proposing to allow this road, this neighborhood roadway system to remain rural section. However we are looking at adding several stormwater improvement features, specifically sump manholes along the lakeshore and into the wetland areas where the existing storm sewer system would capture floatable materials and some sediment before it discharges into the lakes and the wetlands. We have received a grant from the watershed district for partnering with the city for those improvements as well so that’s currently in the works. We are replacing some bituminous curb that is currently out there installing some concrete curb and gutter in conjunction with the new storm sewer manholes that we are looking at replacing in this area. Most of the storm sewer pipe underneath the streets specifically is in poor condition. Staff did televise the storm sewer system and did an analysis on the integrity of the system and we are proposing to replace all of the storm sewer system that’s underneath the streets at this time. Back in January when the public hearing for this project was held we did receive public comment on a culvert over on Utica Terrace that we were looking at making some improvements to. We did remodel or model that storm sewer system because there is a fairly significant drainage area, watershed that does discharge through this culvert and based upon comments that we received from neighborhoods, property owners in this area, this system has had the tendency to clog and we did check with our public works staff, streets and it has clogged on several occasions so we are looking at making improvements to that system. We are looking at up-sizing the pipe. Putting in a skimmer system in there with an overflow discharge pipe to replace the initial outlet does, or inlet does clog there is a secondary mechanism for the water to discharge through the system so. Melody Hills area, there is approximately 1.2 miles of streets in this neighborhood proposed for improvements. Streets in this area varied between 25 and 50 years old. The area has been sealcoated numerous times. The pavement or the condition of the streets can no longer be maintained with these preventative maintenance techniques. Again the pavement condition has deteriorated where we are recommending replacement. The improvements that we’re 5 Chanhassen City Council – May 13, 2013 looking at are milling up the streets. Using the aggregate or the millings for base material and then re- paving the street with 4 inches of new bituminous for new driving surface. We are, staff did televise the sanitary sewers in this area and we are proposing to replace the sanitary sewer, two segments of sanitary sewer on Chaska Road. These areas have some bellies and some I and I issues. Infiltration issues. Ground water getting into the sanitary sewer so we are proposing to replace those. In conjunction with that sewer there is a proposed neighborhood development on Chaska Road as well. We are working with the developer, or have worked with the developer on that future improvements and we are looking at extending services, sewer and water to those lots in conjunction with this project. 100% of those improvements, sewer and water services will be assessed back to the benefitting developer for that. And also staff has looked at the watermain system in this area is in, it is in adequate condition we feel. However there are some gate valve repairs that we’d like to make and also some hydrants in this area that we think are appropriate to make improvements at this time. There is also some drain tile that we’re looking at adding on several streets in the area based upon comments that we received from th neighborhoods, especially Melody Hills Road and 65 Street. Moving on to Horseshoe and Indian Hills area. This is approximately .7 miles of street in this neighborhood that are proposed for improvements. These streets are about 35 years old. Again the streets have been sealcoated several times. They have been patched numerous times as well and staff feels at this time that the streets are in need of major improvements. For this area we are looking at full depth mill again and re-paving the streets with 3 inches of bituminous. There are some hydrants again in this area that we are looking at replacing that don’t function like we think we should. There are some gate valves that we’re looking at making improvements to and there is a section of sanitary sewer along Merry Place that has settled as well and we are looking at replacing that segment of sanitary sewer in conjunction with this project. Moving on to Sandy Hook area. This area has approximately 1.2 miles of streets proposed for improvements. Again the pavement condition index is shown on the map. Very low in this area indicating major improvements are warranted at this time. Streets are approximately 32 years old except for Sandy Hook Circle which is located here. Little bit newer streets. They do have curb and gutter as well. We did work with the property owners on the design for these streets. We are proposing a 2 inch mill for Sandy Hook Circle. The rest of the neighborhood, Cheyenne, Dakota, Dakota Circle, Sandy Hook Road, those will be again the full depth mill and using that base aggregate for base and paving the streets with 3 1/2 inches of bituminous. New bituminous. There are some areas that we are looking at making storm sewer improvements, especially on Sandy Hook Road. There are some hydrants again in this area that we’d like to make improvements to and also gate valves that we would like to make some repairs to as well as long as the roads are going to be worked on. With that, staff did receive favorable bids for this project. The bids that we did receive are shown here. We did receive 8 bids. The lowest responsible bidder was GMH Asphalt. They have worked for the City in the past. The last project they worked on was in 2011 for our street reconstruction project that year. The downtown area and Timberwood Drive was the area that they worked on so their work has been acceptable. Project financing, staff did look at the cost associated with the project itself. The revolving assessment fund basically pays for the majority or all of the street improvements within the project. The project, the streets are assessed 40% back to the benefitting property owners so about $560,000 of this amount will be assessed but the City pays for the cost up front with the project. Watermain improvements are in the amount of $135,510. Sanitary sewer improvements are a little over $95,000 and again they would be paid through the sanitary enterprise funds and then the storm sewer enterprise fund would pay for all the storm sewer and some of the other storm sewer catch basins, those type of improvements in conjunction with the project. And again the budget amount was increased which reflects the Riley-Purgatory-Bluff Creek Watershed District grant that we received for the storm scepters and the SAFL Baffle improvements in the Greenwood Shores neighborhood. We are just a little bit over with the storm sewer costs for this project it basically comes back to that culvert that we are proposing to replace in the Greenwood Shores area that wasn’t originally envisioned with the feasibility study so the costs associated with those improvements would come out of the fees for service. Regular budget amount staff is proposing and then just off, reallocate priorities in that account with the new funding here. The street improvements and the cost for the project, there are 3% contingencies 6 Chanhassen City Council – May 13, 2013 included in this amount, the cost summary and we also do have 5% indirect costs to pay for surveying and geotechnical work that we’ve done and some staff time as well. So project schedule, we’d like to have th this project worked on this summer. Utility work would start as early as May 20 and work in the Greenwood Shores, Melody Hills and neighborhoods would start first. We do have a requirement that all the work, when streets are milled up be repaved within 3 weeks for each of the neighborhoods so we’re not going to allow the contractor to go through all the streets and mill everything up and come back in 2 or 3 months and repave it so they systemically have to go around to each of these neighborhoods and make the improvements as they work through. Sandy Hook neighborhood again that would start and th Horseshoe Curve would start after July 7. There are some graduations in this neighborhood, Indian Hills specifically that we pushed back the start schedule for these neighborhoods until after some of those family activities are taken care of. With that staff did work through the assessment methodology. Again our assessment practice is to assess back 40% of the benefitting costs to the street to the benefitting property owners. The assessments proposed are shown here. As a note the Chaska Road improvement, or the development that’s proposed on Chaska Road will be assessed a higher amount. A little over $15,000 for the just, not just for the street improvement but also sewer and water services that would be benefitting that particular parcel. Proposed assessments would be over an 8 year period. If the property owner chooses to put them on the regular taxes. The interest is proposed to be at 5 1/4 percent. Property owners will have the option of paying the assessments in full without interest within 90 days after their assessment roll is adopted, and basically from tonight’s meeting. Proposed owners also have the option of having the assessments paid through the regular property taxes if the assessment is not paid in full again by the end of the year so, and so there are several mechanisms for property owners to pay for the st proposed assessments. With that we did have another neighborhood meeting on May 1 to discuss the final project. The design. The schedule. Any other questions. Financing that property owners had. We did have 11 property owners representing 10 properties show up for that open house. For tonight’s meeting and for the open house we did have 268 notices go out for both of those meetings. With that, as the Mayor had indicated, public testimony should be given and received and the property owners should be reminded that if they wish they must file a written objection with the City either prior to or during the actual public hearing. Objections after the public hearing are invalid and to date there has been no written objections that staff has received. So with that I’d be more than happy to try to answer any questions that the council would have and I’d request that an assessment hearing be opened. Mayor Furlong: Okay, thank you Mr. Oehme. Appreciate the report. Questions for Mr. Oehme from the council. Councilwoman Ernst: I have a question. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Paul can you go back to the, I think it was the previous slide, just before this one. Where you had the, sorry. That one. Paul Oehme: Okay. Councilwoman Ernst: So is the, are the additional costs for the culvert coming out of storm water enterprise fund for this? Paul Oehme: Correct, yeah. 100% of the culvert improvements in Greenwood Shores would come out of the storm water enterprise fund. Councilwoman Ernst: And that’s why that price came in significantly higher than the budget number? 7 Chanhassen City Council – May 13, 2013 Paul Oehme: It came in, yes. It was an add from what we had originally anticipated in the scope of the project would be. Councilwoman Ernst: Right. And can you remind me, was that a drainage problem, is that why we replaced the culvert? Paul Oehme: Right. We did have, receive public testimony from several property owners that during the larger rain events the wetland to the north of the area would come up higher than they had in the past and it can be attributed to developments in the area and we were, we looked at that size of the culvert and it’s location and if, how it functions right now so we did model that wetland area and the drainage, the sub- watershed in that area and we did find under the new rainfall analysis that we, that that area does bounce a little higher than our original model had indicated so that being said in conjunction with the amount of debris that that wetland can discharge through that culvert we thought it would be appropriate to get the culvert sized properly and have an emergency overflow so if any debris does wash into the existing, or the new culvert there is an auxiliary or separate location for the water to discharge so it doesn’t come up any higher than the 100 year rain event. Councilwoman Ernst: Okay, and what was the total cost of just the culvert piece? Paul Oehme: Oh I don’t have that in front of me right now but I think it was you know about $8,000- $10,000 so. Councilwoman Ernst: Okay, thank you. Mayor Furlong: Other questions. Councilman Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Paul, Bardwell Acres in the Melody Hill, is that the property that was recently subdivided right adjacent to 41 and 7, Chaska Road? Paul Oehme: Correct, that’s the Fawn Hill development. I think that’s the name. Councilman Laufenburger: Well Fawn Hill is in Longacres. Paul Oehme: Or Longacres. Councilman Laufenburger: But it’s that area. Paul Oehme: Yep, it’s that area. It’s basically. Councilman Laufenburger: Right in there, yeah. Paul Oehme: Right in here. Councilman Laufenburger: And what are you assessing them? Could you just repeat that. Paul Oehme: It was $15,320.73. Councilman Laufenburger: And that is for both the road as well as the water, sewer add in’s that you’re doing, is that correct? Paul Oehme: Correct. 8 Chanhassen City Council – May 13, 2013 Councilman Laufenburger: Okay. Alright. The second thing, second question, go to your assessments page. Actually you had it right, oops. You had it right there. How did the final assessments differ from the original communicated planned assessments? Paul Oehme: They are under what staff had originally estimated. When staff first put the budgets together and looked at the feasibility study, we looked back at historical prices and we also added in inflationary costs plus we also added in contingency amounts when we go through the feasibility study of approximately 15% just because of unknowns that can arise. You know a lot of, actually the asphalt costs were down from previous years and the scope of the project more or less was pretty consistent to what we had originally envisioned back in the feasibility study so we didn’t use that contingency amount. We didn’t need to use that contingency amount so that came right off the top so that’s why the assessments are a little bit lower than what we had originally anticipated. Councilman Laufenburger: So the really the driving factor is really the bid response to the RFP, is that correct? Paul Oehme: Yep, exactly. We did get very good competitive bids for this project. Councilman Laufenburger: And you’re satisfied with the bids? Paul Oehme: I am. Councilman Laufenburger: Okay. Alright, thank you Paul. Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions for staff? Todd Gerhardt: Mayor, council, we have worked with the contractor in the past and have had good working relationships and good quality. Mayor Furlong: It’s been acceptable? Todd Gerhardt: Yeah. One little glitch in there but that was more of an operator error. Mayor Furlong: Okay. Alright. Thank you. If there are no other questions for staff at this time then, I will go ahead and open the public hearing and invite interested parties to come forward to address the council on this. And this is a public hearing relating to the assessment, proposed assessments and any objection to a particular assessment needs to be provided in writing to city staff, to Ms. Hokkanen before we close the public hearing so if anybody would like to come forward and ask questions about the project or the assessments, I invite you to come to the podium at this time. Alright seeing nobody, without objection then we’ll close the public hearing and bring it back to council for comments. Any comments from council with regard to this. Councilwoman Tjornhom. Councilwoman Tjornhom: No, I would just say that the bids came in good it seems like. I mean there were some difference I noticed but they seemed acceptable and I think it’s obviously something that needs to be done. It’s an important part of what we do in this town, keeping up with our roads and so, my microphone sounds weird again, so anyway I’m in approval of it. Mayor Furlong: Okay, thank you. Other comments? Mr. McDonald? 9 Chanhassen City Council – May 13, 2013 Councilman McDonald: Yeah I guess all I want to say is that when this came before us before there were questions in a couple of these areas and I want to thank staff for going back as the citizens requested and just kind of verifying the numbers and also verifying the need for these particular projects. I think it was two areas that were really being questioned so I want to thank you for going back and doing all that and yeah, I look forward to the project getting done. The roads are in pretty bad shape over there and hopefully what this will do is it’ll put stuff in a good perspective for the next 20 plus years. Mayor Furlong: Any other comments? Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. I’m also reminded that I think this is a little bit of double duty on the street work this year isn’t it Paul? That you’re, we’re actually kind of doing more street repair than we normally would as a result of circumstances leading up to this so we’re going to kick a little bit more now and then also in 2015 so. Paul Oehme: Right. Councilman Laufenburger: I know that we hire this out but it means more work on the part of city staff as well so good news for the city. Good news for those residents that are affected by it so thank you Paul. Paul Oehme: Thank you. Mayor Furlong: Councilwoman Ernst, comments. Councilwoman Ernst: Sure. Well I just want to say I agree with Councilman McDonald and I too want to recognize staff for the work that they did and some of the concerns that the residents raised. I was really pleased to see that we had 8 bidders on this project. That was encouraging and the fact that we came below our original estimates so I definitely support the project. Mayor Furlong: Thank you. My thoughts are similar. I won’t repeat what was said by the other council members but certainly appreciate staff’s efforts and I also want to thank the residents that were involved in the process. Again this was a, while we’re sitting here in May now, this was discussions that the council working with staff and with the residents since end of last year, early this year. January-February timeframe we had meetings with residents and there were a number of residents that came forward. Had questions. I think as was mentioned those questions obviously have been addressed so we thank you for that but I appreciate the residents involvement in the process to make these projects better than what they would have been. And I think it does speak volumes with regard to the process. No one ever likes to write out a check to pay for an assessment but the fact that we had nobody here tonight for the 160 to 180 homes, 170 properties involved I think suggests to me that the questions and concerns have already been answered and that the residents understand the need and they are at least comfortable with the price being asked and the value being received for that so thank you to everybody involved. We look forward to this, as Councilman Laufenburger said, this is a bigger project in terms of scope of neighborhood than we typically do and so a little bit of stretch from our standpoint and city staff, let’s see how it goes and if funding and the needs are there you know we can look at other neighborhoods in the future as well so I appreciate everybody’s involvement. If there’s nobody, no other comments would somebody like to make a motion. Councilman Laufenburger. Councilman Laufenburger: Be happy to. Mayor Furlong: Since you turned on your microphone, that was my first key. Councilman Laufenburger: Really. 10 Chanhassen City Council – May 13, 2013 Mayor Furlong: Yes, now if you don’t touch it it’ll keep working. Councilman Laufenburger: Okay, hand’s off. Watch this magic. Mr. Mayor, I move that the City Council accepts the bid and awards the contract for the 2013 Street Rehabilitation Project, City Project 13-01 to GMH Asphalt in the amount of $1,661,954.48. The City Council, I also move the City Council approves the resolution adopting the assessment roll for the 2013 Street Rehabilitation Project No. 13-01 as well. Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Resolution #2013-30: Councilman Laufenburger moved, Councilman McDonald seconded that the City Council accepts the bid and awards the contract for the 2013 Street Rehabilitation Project, City Project 13-01 to GMH Asphalt in the amount of $1,661,954.48. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2013-31: Councilman Laufenburger moved, Councilman McDonald seconded that the City Council approves the resolution adopting the assessment roll for the 2013 Street Rehabilitation Project No. 13-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: 1E. TH 101 (LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT 12-06: APPROVAL OF UNDERGROUNDING AGREEMENT, MINNESOTA VALLEY ELECTRIC COOPERATIVE. Mayor Furlong: Mr. Laufenburger, do you want a quick staff report? Is there a quick question? Councilman Laufenburger: I think just a brief staff report on why this is coming up at this time would be worth while. I know that there’s benefits but it’s worth while to hear them. Hear those. Mayor Furlong: Okay, let’s start with that. Would that be Mr. Oehme or? Okay. Paul Oehme: Maybe I’ll bring up a map of the area just so everybody’s aware of what we’re talking about here. So as council knows Trunk Highway 101 between Lyman Boulevard to the north down to Pioneer Trail here to the south is currently being reconstructed. Traffic’s being detoured over Powers Boulevard. The roadway’s going to be from a two lane rural section to a four lane urban section in the future. Curb and gutter and trail on both sides of the roadway. Currently there is electrical overhead utility along this corridor. It’s actually shown here. I tried to show that in red here. It does cross 101 several times along the corridor here. The roadway right-of-way is fairly narrow here and it is next to wetlands and steep embankments as well so there’s, and we do have a watermain improvement along the west side of 101 that is going to be constructed in conjunction with this project already. The overhead utilities would have to go on the west side in approximately the same location as they do today. They are in somewhat conflict with the trail improvements that are being proposed. The watermain that’s going to be constructed along this corridor and the underpass by Bandimere Park so staff did request from Minnesota Valley Electric Cooperative who owns and maintains this line to send city staff cost for what it will take to underground this system out here. As staff has found out that Minnesota Valley has proposed to completely redo this line that’s out here, which is typically not the case. So we did receive a cost for what it would take to replace the whole system above ground, which Minnesota Valley would have to pay for no matter what versus the undergrounding of the electrical line in the area. So we did work with 11 Chanhassen City Council – May 13, 2013 Minnesota Valley to, and they have agreed to offset the cost, what it would cost to replace the system above ground versus the underground so the difference the City would have to pay for. The City does not have, or any city has the ability or the mechanism to force a private utility company to put their utilities underground per state statute so basically the undergrounding cost would be a little over $108,000 for that improvement. Just as a background, 101 north of Lyman Boulevard, north of the project area, all the utilities are undergrounded up to Highway 5. The City did pay for undergrounding of Lyman Boulevard. Utilities that used to be above ground before Lyman Boulevard was reconstructed back in, oh I think it was ’87 or so, and then utilities south. There are no overhead utilities south of, on 101 south of Pioneer trail at this time so there is kind of this utility, overhead utility location here where the City staff did think it’d be appropriate to look at undergrounding the overhead at this time. All the other utilities along this corridor are currently undergrounded. If the City Council did choose to underground the overhead it would, all the other utilities including the electrical would be joint trenched so they’d all be in one location which makes it a lot easier to locate and it’s just a better organized corridor for all the utilities as well. So there are several benefits for undergrounding as I indicated in the background but typically these projects for undergrounding staff does not solicit bids prior to you know feasibility study or during the construction for undergrounding. A lot of times utility companies don’t know what they’re going to do until a month or two ahead of time. For example this project, the cable company did not order their cable until after the project was approved by council so they don’t want to take on the risk or the cost of paying for cable if the project’s not going to move forward so a lot of times staff does not have the ability even to get some of the upfront costs for what it would take to redo or put utilities above ground versus underground as well so that’s basically a real short update on the proposed undergrounding for this th project. The electrical along Kiowa here, that’s not proposed to be undergrounded at this time nor is 96 Street. It’s just the corridor, the corridor along 101 that’s being proposed for undergrounding at this time. Mayor Furlong: Thank you. Paul Oehme: If there’s any questions that the council. Mayor Furlong: Let’s go to questions for staff. That was helpful. You answered a couple of my questions in your report so Mr. Laufenburger, any questions? Councilman Laufenburger: Yeah. Paul, just to clarify. If this cable were not to be underground then Minnesota Valley Electric would incur the cost of moving the cables and the poles, etc and they clearly would be prepared to absorb that cost themselves, is that correct? Paul Oehme: Absolutely. That’s correct. Councilman Laufenburger: Okay. And if I read this correctly they are saying, or in your report the cost of moving that cables above ground is being deducted from the total cost to underground the cables. Paul Oehme: Correct. Councilman Laufenburger: And the net is what Chanhassen will pay. Paul Oehme: Yeah, the delta there. Councilman Laufenburger: The delta is that $108,000. Paul Oehme: Correct. 12 Chanhassen City Council – May 13, 2013 Councilman Laufenburger: Okay. Is there anything bad about burying a cable? By the way, you said that it’s easier to locate but it’s also easier to avoid when they’re all together, right? I mean if you know that all of the utilities are in one location, if you need to do any digging it’s easy to know that just stay away from that one place, right? Paul Oehme: Exactly. Correct. Councilman Laufenburger: So my first, what was my first question? Todd Gerhardt: Is there a benefit. Councilman Laufenburger: Is there a benefit to burying the cables? Paul Oehme: I think there is. From several items that I tried to identify in the background, you know the power poles. The power poles are out of the way of our watermain. Out of our trail. I think it’s a safer corridor in the end when you bury those, that type of infrastructure. It’s not going to effect our landscaping. It’s not right next to the underpass that’s proposed by Bandimere Park. It’s not going to effect the future landscaping along the corridor that’s being proposed. I think from an aesthetic perspective a lot of people would suggest that you know burying the utilities is much, more advantageous than having the lines above ground. Councilman Laufenburger: I know you’re not Minnesota Valley Electric but if I were to ask them are there any negatives associated with burying the cable, would they be able to identify any? Paul Oehme: I think they would. One particular one comes to mind that I’ve heard in the past, if the line for whatever reason, if there’s a lightning strike and it hits the cable, if it snaps or if it burns it’s harder to find those type of breaks. Councilman Laufenburger: Because they’re not visible. Paul Oehme: They’re not visible. Especially in the wintertime if they have to dig up the cable for whatever reason, you know it’s a lot more. Councilman Laufenburger: Longer time to repair probably too, right? Paul Oehme: Exactly so you know the City runs into that all the time when we have to repair our watermain breaks and those type of things so it’s nothing new that some of these other utilities have to deal with. There’s a lot of undergrounded electrical lines that Minnesota Valley currently maintains as well so. Councilman Laufenburger: Okay. And then one last question then I’ll turn it back to the mayor. You’re suggesting that this $108,713.25, this is an expense that was not included on the original project estimate, is that correct? Paul Oehme: Correct. It was not originally included in the scope of the project. Councilman Laufenburger: Okay, so how are we going to come up with $108,000? Paul Oehme: Well we are under budget in one respect. There was a turn lane that staff had originally thought would have to be paid by the City because it goes into a private driveway right now but for a future roadway connection when the development comes through, but that money, or that improvement 13 Chanhassen City Council – May 13, 2013 was determined by the Federal grant reviewers and the State to be Federal dollar eligible so we, though the turn lane cost was not attributed to the local costs for the City so there’s about, there’s $75,000 that were originally programmed for those improvements that was not in the final financing plans. Staff is proposing to use $75,000. That $75,000 to go towards improvements or the cost for undergrounding and the different of, I think it’s like $33,000 would, staff is proposing to still use the revolving assessment fund to help to pay for the rest of the cost. Councilman Laufenburger: So my math says the City was going to pay $75,000 for a turn lane to Wilson. Paul Oehme: Correct. Councilman Laufenburger: Now we’re going to get the Federal government, they’re going to grant us that $75,000 so that $75,000, which was previously for the turn lane can now be applied towards this $108,000 so the net delta, so essentially the Federal government is going to give us $75,000 to bury a portion of the cable, that’s really what it means. Paul Oehme: It’s budgeted for that. We didn’t originally utilize it. Councilman Laufenburger: Okay. I just eliminate that middle step, okay. Thank you Paul. Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions on this? Councilwoman Tjornhom. Councilwoman Tjornhom: Paul can you talk about construction and traffic when it does get buried and the time? Paul Oehme: Sure. Yep, absolutely. You know if this project were to move forward, we did have a weekly meeting with all the private utility companies last Thursday and they are about, they are about, It think they’re 3 weeks out before any of the private utility companies are going to start re-doing or relocating their, the gas or the underground utilities at this time. Minnesota Valley does have the cable. I talked with, Minnesota Valley does have the cable on hand so they’re ready to go at any time to make the improvements so they’re talking with the other utilities. The fiber optic and the cable companies and the telephone companies, the joint trench. Put it all in at one time so it’s just efficiency and, and they’re ready to go forward with the project if the City Council does think it’s a good idea. Todd Gerhardt: There won’t be any interruptions in service. You know as Paul stated they’ll put it in the joint trench. Probably activate the underground line and then switch over from the overhead to the underground. Paul Oehme: I’m sorry, yep, exactly. And then from a traffic perspective, the first phase of the roadway is currently under construction just south of Lyman Boulevard to Bandimere Park. Just north of Bandimere Park access. The, all the utilities would be constructed on the west side of 101 so they, right against the, right basically I think 5 feet from the right-of-way line so they’re well outside of the roadway portion of the project so we don’t anticipate any significant traffic impacts associated with the improvements. Mayor Furlong: Any other questions? Okay. Any comments on this? Somebody like to make a motion? Councilman McDonald: Sure, I’ll do it. Mayor Furlong: Councilman McDonald. 14 Chanhassen City Council — May 13, 2013 III Councilman McDonald: I make a motion that the City Council approves funding for underground electrical utilities along the Trunk Road 101 corridor in the 12 -06 City project area in the amount of $108,713.25. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Resolution #2013 -32: Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves funding for Underground Electrical Utility along the TH 101 corridor in the 12 -06 City project area in the amount of $108,713.25. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: I'd like to start by recognizing, and there may be some other comments on this. Subsequent to our last meeting, as was reported in the Chanhassen Villager, Todd Gerhardt received the Dr. Robert A. Barrett Award for Management Excellence from the MCMA. The City Managers, County Managers Association so Mr. Gerhardt, congratulations. • Todd Gerhardt: Thank you. Mayor Furlong: It was great to hear about you receiving the award, as comments I've made as much that we were excited for you. It was not just that we knew that you do a great job as manager but these are your peers. These are the other members of the City Managers, County Managers that selected you as well so from all of us congratulations and obviously if others would like to make some comments too but just very proud of your accomplishments professionally and service to our city over these many decades. We really appreciate all your efforts and very proud of you and happy to be a part of the celebration. Todd Gerhardt: Well thank you. Thank you for the nomination and I keep telling everybody, probably the best part of it was having the entire council, Mayor, my wife and my son through Skype and all the department heads in attendance. Sounds like it was a fun trip up to Brainerd and I was really surprised and very appreciative of the honor. It's just a great group of city managers that are a part of this organization and we all network together. We mentor each other and coach each other on and that's time that we get to share with each other and happen to have Don Shelby speaking on leadership and the benefit of teams and I think you may remember I recognized and called out Don to say this is my team and I'd put them up against anybody and so thank you Mayor. Thank you department heads for your support and we've accomplished a lot here. We have a lot more to do but you know tonight is another perfect example. You're going to do $1.6 million dollars worth of roads in a community and everybody trusts you, you know that you're going to do a good job and to spend their money and that's what really makes you feel good that you have that trust and that you can move ahead and get things done so thank you again for driving all the way up there and entertaining my wife for an hour and a half. Mayor Furlong: That wasn't a problem. The stories she was telling was fun. III Todd Gerhardt: Yeah, well she learned a bunch more stories from what I was told so, and I said don't believe a single one of them. 1 would have told you if they were real good stories but thank you again. 15 Chanhassen City Council – May 13, 2013 It’s always nice to be recognized and especially from your peers and to be nominated from the council and mayor so thank you. Mayor Furlong: You’re welcome. Any other comments on that item or other council presentations? Councilwoman Ernst: Yeah, I too want to congratulate you too Todd. You know what an accomplishment and from what I understand there were 14 submissions for this award of excellence and you of course were awarded that out of the entire state of Minnesota so congratulations on that. That’s awesome. Todd Gerhardt: Yeah. Councilwoman Ernst: I also want to thank Laurie because she really coordinated all the secrecy behind the scenes so she did an awesome job with that and I guess the vans kind of got it at the last second where you saw the vans driving in but good job to Laurie too for coordinating all that. Todd Gerhardt: Yeah. My heart dropped when I saw that. So yeah, I’m really disappointed in Paul. You know he kept the secret for a week and a half. Mayor Furlong: He’s your go to guy too. Todd Gerhardt: Yeah. Let me down Paul. Councilman Laufenburger: Who can you trust? Todd Gerhardt: I know. Obviously not this group. Mayor Furlong: Any other comments? On this item or others. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yeah. Councilman Laufenburger: Yeah, it just, it seems very appropriate that the Red Birds, town baseball team th who open their first game on Sunday, May 19 against Chaska at 6:00 p.m., it just seems appropriate that the Red Birds Board would pass a unanimous motion that throwing out the first pitch would be our own Todd Gerhardt so. Todd Gerhardt: Yeah. Councilman Laufenburger: So the hits just keep on coming Todd. Todd Gerhardt: Yeah, for the Red Birds. Councilman Laufenburger: For the Red Birds, exactly. So Todd will be throwing out the first pitch for our first game for the 2013 season. Everybody’s welcomed. Todd Gerhardt: I look forward to it. Support those Red Birds. Councilman Laufenburger: Absolutely. 16 Chanhassen City Council – May 13, 2013 Todd Gerhardt: I’m glad you brought it up because I was going to. Mayor Furlong: What time is the game? Todd Gerhardt: 6:30. Councilman Laufenburger: It’s a 6:00, don’t you get there at 6:30 because you’re not going to pitch in the game. th Mayor Furlong: He’ll be throwing out the 30 pitch. Councilman Laufenburger: Exactly. Todd Gerhardt: The seventh inning stretch. Councilman Laufenburger: The first pitch will be thrown out just prior to 6:00 p.m. start. They play the Chaska Cubs. Our rivals. Southern border rivals and they’re coming with both barrels loaded because we’re ahead in the series 2 to 1 so thank you Mr. Mayor. Mayor Furlong: Okay, thank you. Other council presentations? Councilwoman Tjornhom: Well I just want to say too, I wish you could have been with us I think during that night instead of you having to sit there by yourself at the table because I think our hearts were pounding so hard in those rooms. Hiding places and wondering, oh my gosh you know, Laurie was wonderful but thank you Laurie for that but it was really just our pleasure being there and sharing that with you because it was kind of a bonding experience for us all. We sat in that room for about I don’t know, 10 minutes and it seemed like an hour just anticipating your honor that was about to happen and it was just a wonderful thing and so it couldn’t have happened to a better city manager. Even thought I always say that, we have the best city manager and so congratulations and I think you should really have that like right in front of you from now on. Todd Gerhardt: It’s on display upstairs. Councilwoman Tjornhom: Is it? Todd Gerhardt: For the whole public to see so. Councilwoman Tjornhom: Oh good, okay. Well congratulations Todd, really. Todd Gerhardt: Thank you. I’m just glad I was there. Councilwoman Ernst: Next time. Mayor Furlong: You really didn’t have to offer that one. That’s the second time. Any other council presentations? ADMINISTRATIVE PRESENTATIONS. th Todd Gerhardt: Just, we have a meeting coming up here for the public on May 16 at the Rec Center. There’s really two meetings. One from 1:30 to 4:30 at the Rec Center to talk about the new transmission line upgrade that, to review all the options. The existing corridor. There’s a Highway 5 corridor and 17 Chanhassen City Council – May 13, 2013 there’s also a new proposal that I don’t even believe is on the website and eliminating the proposed new substation at Lyman and Audubon and incorporating into the existing substation and then Chaska would vacate that substation and look at building a new substation somewhere to the west of the current high school and could be in Chaska. Could be on our border so you know that’s big news that most people probably haven’t even heard of so look forward to that meeting. I will be in attendance there and if you get any additional emails, I can send out responses to those individuals and let them know and get them to the link at the Public Utilities Commission. Mayor Furlong: And the time of that again? Todd Gerhardt: 1:30 to 4:30 and then 6:00 to 9:00 at the Chanhassen Rec Center. Mayor Furlong: And that’s a continuation or will the presentation be done at both, do you know? Todd Gerhardt: Both. Mayor Furlong: Okay. Todd Gerhardt: For those people that can make it during the day and those that can make it in the evening. Mayor Furlong: Okay, so they don’t have to come to both. Todd Gerhardt: No. Mayor Furlong: One would be sufficient. Todd Gerhardt: Yep. Mayor Furlong: Okay. Alright. Good. Any questions for Mr. Gerhardt or his staff? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: If there’s nothing else to come before the council this evening, we will continue our discussion for our first item under work session immediately following this meeting in the Fountain Conference Room but if there’s nothing else to come before the council this evening under our regular agenda, is there a motion to adjourn? Councilman McDonald 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 8:15 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 18