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H-4 Lyman Boulevard Approval of Plans and Specs and JPACITY OF cNuassEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 H- g MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Paul Oehme, Director of Public Works /City Engineer D DATE: November 25, 2013 SUBJ: Consider Approval of Plans and Specifications and Joint Powers Agreement for Lyman Boulevard Improvements between Powers Boulevard and Audubon Road City Improvement Project No. 10 -08 PROPOSED MOTION "The City Council approves plans and specifications, Joint Powers Agreement and resolution for improvements to Lyman Boulevard (CSAH 18) from Audubon Road to Powers Boulevard." City Council approval requires a simple majority vote of the City Council present. BACKGROUND On October 10, 2011, staff reviewed the proposed project with Council. A neighborhood meeting was held on October 25, 2011. The City Council approved noise mitigation findings for the project on September 10, 2012. Planning & Natural Resources This segment of Lyman Boulevard is proposed to be reconstructed to a four -lane divided Phone: 952.227.1130 design with pedestrian/bicycle trails along the north side of the roadway. This project has Fax: 952.227.1110 been programmed in the Capital Improvement Program. Public Works The primary goals of the project are as follows: 7901 Park Place Phone: 952.227.1300 Improve safety for people along the existing Lyman Boulevard corridor. Fax: 952.227.1310 ✓ Reduce crashes to the extent possible. Senior Center ✓ Add turn lanes to provide safe turning movements at existing intersections. Phone: 952.2271125 ✓ Improve sight distance by reducing steep grades near Sunset Trail. Fax: 952.227.1110 Accommodate regional and local transportation needs of anticipated population, high school Web Site traffic and employment growth along the Lyman Boulevard corridor by increasing roadway www.ci.chanhassen.mn.us capacity. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt November 25, 2013 Lyman Boulevard Imp. Project Page 2 t1 4, CHASKA ROADWAY IMPROVEMENTS o: 4 =1\ PROJECT LOCATION f f� �\ CHANHASSEN Q ti Currently, this section of Lyman Boulevard is a two -lane rural section roadway. The pavement condition is in very poor condition with gavel shoulders. The project will reconstruct about .90 miles of Lyman Boulevard (County Road 18) from a point located approximately 850 feet east of Audubon Road South (CSAH 15) to a point located approximately 750 feet east of Powers Boulevard (CSAH 17). The roadway will be urbanized with concrete curb and gutter. Right and left turn lanes will be added to all existing intersections. Dual left turn lanes will be added to northbound Powers Boulevard to westbound Lyman Boulevard. Left and right turn lanes will be added to the Sunset Trail and Audubon Road intersections. The roadway section is consistent with the roadway section west of Audubon Road. Mr. Rick Dorsey has requested a right- in/right- out turn lane be included in the project to his property. At this time, this turn lane is not included in the project. Since this turn lane is development driven and wetlands (as they currently are delineated) would be impacted, the property owner will need to go through an avoidance process and if necessary mitigate for the wetlands. The property owner must go through the statutory process for wetlands first before the turn lane is constructed. The centerline alignment of Lyman Boulevard has shifted slightly to the north to provide a straighter alignment. The County has looked at shifting the alignment farther to the north but the alignment would be unfavorable since it would add another curve in the road as you approach Powers Boulevard. The alignment of road does not evenly divide the right -of -way impacts between both sides of the road however the County feels this is the best overall alignment for Lyman Boulevard. Lyman Boulevard at the Sunset Trail intersection will be lowered about seven feet and Sunset Trail will be shifted west about 12 feet to straighten the alignment. Sunset Trail will intersect Lyman Boulevard at a 90- degree angle but still will have a curved alignment approaching the intersection. The intersection alignment meets State Aid standards and is much improved from a sight distance perspective then its current condition. g: \mg\public \_2010 pmjwts\1 0 -08 lyman imp. phase 2 (audubon to powers) \bkgd 112513 apry ps&sp .docx Todd Gerhardt November 25, 2013 Lyman Boulevard Imp. Project Page 3 The driveway on the north side of the project will be constructed to a roadway section to plan for a future public street. The stub road will be wide enough for a right and left turn lane approach to Lyman Boulevard. The existing driveway will need to be shifted to the east to align with Sunset Trail. This shift does create some impacts to the property however the trees on the south side of the project are already impacted by the roadway construction. The reconstruction will require the section of Lyman Boulevard from Audubon Road (north) to Powers Boulevard to be closed to thru- traffic during construction. This closure is expected to last 12 weeks. Additionally, a concurrent 4 -week closure is planned for the section west of Audubon Road (north). Since the profile will be changing dramatically, allowing traffic through the work zone is not practical however some work can be completed early in the project without having to close the roadway. It is anticipated the roadway closure will need to start prior to the end of school so the project can be completed before school start in the fall. The project detour will be Powers Boulevard to Pioneer Trail to Audubon Road. A 10' wide trail will be constructed on the north side of Lyman Boulevard from Audubon Road to Powers Boulevard. This trail section will complete a city trail loop. No trail is planned for the south side of Lyman Boulevard because the trail will impact wetlands and most of the property is not developed at this time. Landscaping is included in the project. Trees are proposed to be planted mainly were tree removal will take place and along the trail corridor. UTILITY IMPROVEMENTS An 8" watermain is planned to be extended from a stub watermain near the Audubon Road (north) intersection under Bluff Creek to the Preserve at Bluff Creek Development. This stub will connect to the development once the last phase of the development is constructed. The developer for the Preserve at Bluff Creek Development has agreed to pay for this watermain extension work through the development contract process and not be assessed at this time. Watermain at the Powers Boulevard intersection will be extended farther to the south and outside the curb line so the watermain can be extended in the future when development occurs without having to dig up the roadway. A casing for a future sanitary sewer pipe is proposed to across Lyman Boulevard to potentially service properties on the north side of Lyman Boulevard in the future including Sunset Trail. The future sewer pipe would connect into the Preserve at Bluff Creek Development. Lyman Boulevard will be urbanized with concrete curb and gutter and a storm sewer system will be constructed to collect roadway drainage. This will mean less road runoff going onto adjacent properties. Storm sewer treatment will be at existing ponds located near Audubon Road (north), constructed with the first phase of Lyman improvements, and at ponds constructed for the TH 212 project off of Powers Boulevard and south of Lyman Boulevard by Lake Susan Drive. These ponds have been verified to have the necessary storm water and treatment capacity. The drainage patterns excluding the roadway runoff are not proposed to change. The County did consider eliminating a culvert under Lyman Boulevard west of Sunset Trail and constructing a ditch on the north side of Lyman Boulevard to Bluff Creek. The County decided to replace the existing culvert because eliminating the culvert and constructing a ditch will require more right -of -way purchase, impact more trees and potentially require the Bluff Creek culvert to be upsized. WETLANDS This project will impact wetlands and will need to go through the statutory wetland mitigation process g: \eng \public \_2010 projects \10 -08 lyman imp. phase 2 (audubon to powers) \bkgd 112513 apry ps &sp .docx Todd Gerhardt November 25, 2013 Lyman Boulevard hnp. Project Page 4 Jurisdictional Nature of a Wetland Several agencies potentially have jurisdiction over a wetland basin. These may include the U.S. Army Corps of Engineers as authorized under Section 404 of the Federal Clean Water Act, the MN Department of Natural Resources as authorized under Minnesota Statute 103G, and the Board of Soil and Water Resources as authorized under Minnesota Statute 103G. These authorities overlap and it is not uncommon for all three or only one of the three to have jurisdiction over a specific basin. In order to be a wetland, a basin must meet three criteria: have a dominance of hydrophitic vegetation under "normal circumstances ", have hydric soils present, and have evidence of hydrology for a continuous period during the growing season. The wetlands have been delineated within the corridor and, based upon field review and review of the delineation report, have been found to meet these criteria on three separate occasions. Although a final decision is still pending on the most recent delineations. Site History and Background The wetland at the northwest corner of Mr. Dorsey's property has a long history and has been reviewed by numerous consulting wetland professionals, government agencies and City staff. The corridor was first delineated by Barbara Walther from SRF in August of 2007. At this time, 19 wetland areas were identified and those portions with the potential to be impacted by the project were delineated. On April 3, 2008, the Technical Evaluation Panel (TEP) met to discuss wetland impacts and replacement associated with the first phase of the Lyman Boulevard project. In the summer of 2008, a wetland replacement plan was approved for those impacts associated with that portion of the project from Galpin Boulevard to Audubon Road (north). These impacts were based upon the 2007 delineation. On January 15, 2013, the consulting engineer for the project and members of the TEP met to discuss the wetland implications associated with the second phase of the Lyman Boulevard improvements. At this meeting, it was determined that the applicant should review the original delineation and provide evidence that these boundaries still accurately reflected field conditions. In February of 2013, SRF submitted an Application for Approval of Wetland Type and Boundary with an updated report. This application was noticed, reviewed and approved. However, there was some concern about who the applicant should be for wetland basins identified as W -15, W -16 and W -17. As such, Carver County retracted the application. On October 31, 2013, the City of Chanhassen received an Application for Approval of Wetland Type and Boundary for all wetlands excepting W -15, W -16 and W -17. The comment period ends on November 25, 2013 and the 60 -Day decision deadline will occur on December 30, 2013. On August 30, 2013, SRF Consulting Group, on behalf of Carver County, submitted an application to work in a public water for the installation of the box culverts under Lyman Boulevard within Bluff Creek. This applies only to those areas below bank -full stream conditions. On October 29, 2013, the MN Department of Natural Resources issued Permit No. 2014 -0526. Wetlands 15, 16 and 17 were delineated on October 2, 2013 by Houston Engineering, a third party consultant hired by Carver County. In an effort to expedite the process, and to avoid having inclement weather conditions force a postponement of the review, the Technical Evaluation Panel met October 25, 2013 on site to review wetlands W -15, W -16 and W -17 as well as one wetland located more interior to the property. On November 13, 2013, the City received the delineation report and a memorandum discussing the likelihood that Wetland W -17 is non jurisdictional. The City responded on November 13, 2013 requesting that the Application for Approval of Wetland Type and Boundary be submitted and that the application would be considered complete at that time and could be noticed for review. The public comment period must last 15 business days. g:\eng \public \_2010 projects \10 -08 lyman imp. phase 2 (audubon to powers) \bkgd 112513 apry ps&sp .docx Todd Gerhardt November 25, 2013 Lyman Boulevard Imp. Project Page 5 Any member of the public may present evidence regarding the accuracy of the boundary delineation or the jurisdictional nature of the wetland basins. After a decision has been made by the Local Unit of Government, there is a thirty (30) day appeal window. Summary Currently, revised/updated wetland boundary delineations have been provided for all wetlands within the Lyman Boulevard corridor extending from Audubon Road (north) to Powers Boulevard. As of the date of this memorandum, no delineated boundaries have been approved. The wetland delineation for W -15, W -16 and W -17 has yet to be noticed as a completed application has not yet been received. 1010011310 The project is proposed to be financed through various funding sources. Federal Surface Transportation Program (STP) funding will help pay for 80% of the federal eligible construction cost. These funds were secured by Carver County through the 2009 regional solicitation process. The construction cost is estimated at $6,163,000. The remainder of the construction costs will be paid by Carver County and Chanhassen. All water and sanitary sewer costs are proposed to be paid from the associated enterprise funds. Right -of -way, engineering and construction management are not federal fund grant eligible items. These costs include environmental work, preliminary and final design costs. Construction services will be completed by the County. The total estimated project cost is $8,671,000. Lyman Boulevard is part of the Master Agreement between Carver County and the Cities of Chanhassen and Chaska that identifies cost participation shares outside of the typical Carver County Cost Participation Policy. This portion of Lyman Boulevard identified in the Master Agreement has 50% of the project costs being City funded excluding the federal funds. The City of Chanhassen will need to pay 100% of the sanitary and watermain utility costs. Right -of -Way settlements are not complete at the time. Carver County is still working with property owners to settle right -of -way acquisitions. However, if settlements are over the appraised value, the City would participate in 50% of the settlement costs. The following is a summary of the total project proposed financing plan: Federal STP Funds $4,826,000 Carver County $1,905,000 Chanhassen • Municipal State Aid Funds $1,732,000 • Arterial Collector Fee $ 100,000 • Water Enterprise Funds $ 81,000 • Sanitary Sewer Enterprise Funds $ 27.000 Chanhassen Total $1,940,000 Total Estimated Project Cost $8,671,000 The City practice has been to assess undeveloped benefiting properties for infrastructure improvements such as turn lanes and utility improvements when these improvements can be shown to benefit the property. The City did assess these improvements in conjunction with the TH 212 project. Staff reviewed the benefits of turn lanes to undeveloped properties for this project and had an appraiser review the benefits. It is not gAeng\public \_2010 projects \10 -08 lyman imp. phase 2 (audubon to powers) \bkgd 112513 apry ps&sp .docx Todd Gerhardt November 25, 2013 Lyman Boulevard Imp. Project Page 6 recommended to assess the City's portion of the turn lane costs based on the appraisers review (see attached appraiser's recommendation letter). This recommendation also covers the requested right - in/right -out improvements. The Joint Powers Agreement is consistent with the funding shown above and with the Master Agreement. The City attorney has reviewed the Joint Powers Agreement for consistency with the Master Agreement and finds it acceptable. The proposed project schedule is as follows: Bid Letting Early February, 2014 City Council Concurs with Bids March, 2014 Constriction Start Mid-April, after road restrictions are lifted Lyman Boulevard Closed May, 2014 Work Substantially Completed; Road Open to Traffic September 1, 2014 Attachments: Resolution Joint Powers Agreement Appraiser's Letter dated October 30, 2013 Wetland Statutory Requirements Wetland Exhibits CIP Page c: Lyndon Robj ent, Carver County Bill Weckman, Carver County Darin Mielke, Carver County Nate Will, SRF gAeng \public \_2010 projects \10 -08 lyman imp. phase 2 (audubon to powers) \bkgd 112513 apry ps&sp .dmx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 19, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: APPROVAL OF LYMAN BOULEVARD IMPROVEMENTS BETWEEN POWERS BOULEVARD AND AUDUBON ROAD CITY PROJECT NO. 10 -08 WHEREAS, County has submitted drawings for final approval by the City; and WHEREAS, the plans and specifications are consistent with future growth and meet current design standards; and WHEREAS, the plans and specifications meet the intent of the Master Agreement and the Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED Chanhassen City Council approves the Lyman Boulevard Improvements between Powers Boulevard and Audubon Road Project No. 10 -08. Passed and adopted by the Chanhassen City Council this 19th day of November, 2013. ATTEST: Todd Gerhardt, City Manager YES 0 Wdmin%ESOL \2013 ,ynnan Muni Conxnt.doc Thomas A. Furlong, Mayor NO ABSENT Page 1 of 6 CSAH 18 Agreement Carver County and the City of Chanhassen JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN FOR CONSTRUCTION OF CSAH IS (LYMAN BLVD) IMPROVEMENTS THIS AGREEMENT, made and entered into by and between the City of Chanhassen, a municipal corporation under the laws of Minnesota ("City'�and the County of Carver, a body corporate and politic under the laws of Minnesota (County') . WITNESSETH: WHEREAS, the County and City, have been involved in discussions and studies relating to the improvement of CSAH 18 (Lyman Blvd) within and through the corporate limits of Chaska and Chanhassen extending from TH 41 to CSAH 17 (Powers Blvd), and WHEREAS, CSAH 18 is under the jurisdiction of the County for purposes of maintenance and improvements, and WHEREAS, the parties recognize the need for certain highway improvements on CSAH 18 (Lyman Blvd). NOW THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the City and the County as follows: A. That this agreement shall apply only to the improvement of the portion of County State Aid Highway 18 defined as "Section 2B Project" as described in the "New Master Agreement" as approved by the County, City, City of Chaska, and ISD 112 on November 6, 2007 and further defined as: CSAH 18 from a point approximately 750 feet west of Audubon Rd north of CSAH 18 to a point approximately 600 feet east of CSAH 17. B. The Project is to be constructed, consistent with current State Aid Standards, as a divided urban street section with concrete curb and gutter in areas as mutually agreed upon between the County and the City. C. The County Engineer will be the project manager in charge of the Project. D. Prosecution of the Project work will be performed on the following basis: The County will: Page 2 of 6 CSAH 18 Agreement Carver County and the City of Chanhassen 1. Prepare and complete or, at the option of the County, hire an engineering consultant firm to prepare and complete the soil investigations for the design of the project; the construction plans, specifications, and special provisions; the estimate of construction cost; the permanent and temporary right -of -way, drainage, and slope acquisition descriptions; and the other tasks required to complete the design of the project, acquire necessary permits and approvals from reviewing agencies, and otherwise provide for the construction of the project. The City Engineer or his consultant may be used to assist with the preparation and completion of drainage and utility plans and specifications. The County shall abide by Mn /DOT standard specifications, rules and contract administration procedures. 2. Prepare, appraise, and acquire all necessary permanent and temporary right -of -way documents, drainage easements and slope easements for the construction of all portions of the project. 3. Act as the contracting agency for the construction of the project in accordance with the competitive bidding requirements of Minnesota Statutes 471.345 and 375.21. 4. Provide the necessary construction supervision, surveying, inspection and reporting services required for construction approval by the Minnesota Department of Transportation, Office of State Aid. Said services shall include keeping adequate records to document the quality of construction and to substantiate pay quantities. The County can, at the County's option, contract with an engineering consultant to provide construction inspection services. 5. Obtain a City Council Resolution from the City approving the construction plans, specifications and special provisions prior to advertising the project for bids. 6. Obtain approval from the City for the award of a construction contract for the Project. The County may not award the construction contract until the City advises the County in writing of their approval. 7. Maintain the project open to inspection by City representatives. 8. Obtain the written approval of the City Engineer for any change orders or supplemental agreements to the contract involving work in which the City is cost participating, prior to the performance of such work. The City will: 1. Hold a public hearing on the making of such improvements pursuant to Minnesota Statutes, Section 429, prior to the award of a contract for the project if the City chooses to assess a portion of its construction and /or other costs. 2. Permit construction of Project on Parcels 1, 2, 3 and 4 of Carver County Right of Way Plat No. 20 as shown on the construction plans as approved per provision D.5 above for the Project. 2 Page 3 of 6 CSAH 18 Agreement Carver County and the City of Chanhassen 3. Be responsible for observing the installation of all municipal utilities to verify to its satisfaction the installation of said utilities has been performed in accordance with its policies, procedures and the plans and specifications. E. After deducting state and federal funding, all project construction costs shall be shared 50% to the City and 50% to the County except for any new City utilities. The City agrees that the County shall be the sole owner of all accompanying documents including the original construction plans ("as- built'), specifications, and survey notes. G. The method of financing the improvement project shall be the prerogative of the County and the City. H. OTHER CONSTRUCTION COSTS: a. City will pay one hundred (100) percent of the final costs for municipal utilities. b. County will act as the acquiring authority for the acquisition of right -of -way and other land needed for the Project. County and City agree to share in the costs, including attorneys' fees or any award of costs or attorneys' fees under Minnesota Statutes § 117.031 and 117.036, for the acquisition for condemnation of property not currently owned by the City for right -of -way and other land needed for the Project in the following proportional rate: City 50% County 50% c. City will reimburse the County a total amount of 20% of the City's portion of the Project construction costs (including all funding sources) as payment for design and construction engineering performed by the County pursuant to this agreement. I. REIMBURSEMENTS: a. During each month of the term for the construction project, the County will bill the City for its share of the construction and right -of -way costs. b. Upon completion and final acceptance of the project and receipt of a detailed listing of the final actual construction and right of way costs, the City will reimburse the County within thirty (30) days for any balance due. In the event the City deposit exceeds the actual final costs of the City share, the County will refund the City within thirty (30) days such overpayment. J. MAINTENANCE: Maintenance for the completed project shall conform to the County Cost Participation Policy adopted March 2013 as detailed below: The County is responsible for maintenance of the Page 4 of 6 CSAH 18 Agreement Carver County and the City of Chanhassen county highway between curbs or between outside edges of shoulders. This includes but is not limited to snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, striping and sign replacement. In addition, the county is responsible for routine maintenance outside the edge of shoulder and within the right of way of a rural county highway. The county may enter into agreements with municipalities to perform highway maintenance. a. The municipality is responsible for maintenance of the boulevard, landscaped median, trees, shrubs, irrigation systems, sidewalk, retaining walls, steps, aesthetic treatments, and other urban appurtenances within the right -of -way of an urban county highway. b. The county is responsible for maintenance of bridges and culverts on the county route. c. The municipality is responsible for maintenance of its utilities and storm sewer systems including detention /treatment basins. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. d. The county is responsible for maintaining roundabouts with the exception of island landscaping and aesthetic treatments which are the responsibility of the municipality. e. Unless stipulated by special agreement, the county will own and is responsible for maintaining traffic signal systems (with the exception of the attached lighting) at county road intersections with local public roadways and private streets. The municipality is responsible for maintaining the signal lighting and the electrical power to the signal system. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. f. The municipality is responsible for maintenance of intersection lighting at a county road and local road intersection. The county is responsible for maintenance of intersection lighting at a county road and county road intersection. g. The municipality is responsible for the maintenance of street lights. h. The municipality is responsible for maintaining trails within the county highway right -of -way. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. i. The municipality is responsible for maintaining pedestrian underpasses and overpasses. j. The county is responsible for maintaining highway signs. k. The county is responsible for maintaining electronic /specialty signs. The costs of maintenance will be shared at the same percentage as the original installation. Maintenance of noise walls is the responsibility of the agency paying for the initial installation K. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and /or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the 11 Page 5 of 6 CSAH 18 Agreement Carver County and the City of Chanhassen provisions of this Agreement for which they are is responsible, and caused by or resulting from their negligent acts or omissions and /or those of their employees or agents, if applicable. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. L. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the City. Pursuant to Minnesota Statute 16C.05, Subd. 5, the City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. City agrees to maintain these records for a period of six years from the date of termination of this Agreement. M. Pursuant to Minnesota Statute 16C.05, Subd. 5, the County agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement. County agrees to maintain these records for a period of six years from the date of termination of this Agreement. N. During the performance of this Agreement, the City and the County agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. O. Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto. P. Each party understands the contract for this project is scheduled to be awarded in 2014. In the event the contract for this project is not awarded in 2014, this contract shall be subject to renegotiation. Page 6 of 6 CSAH 18 Agreement Carver County and the City of Chanhassen IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. CITY OF CHANHASSEN Mayor, City of Chanhassen Date: Attest: City Manager/ City Clerk Date: Approved As To Form. City Attorney COUNTY OF CARVER, MINNESOTA County Board Chair Attest; County Administrator Date: Approved As To Form; County Attorney Date: S: /Projects /SP 010- 618- 013 /Agreements /7PA Chanhassen /]PA City of Chanhassen A 110713 PATCHIN MESSNER DODD & BRUMM VALUATION COUNSELORS October 30, 2013 Mr. Paul Oehme, P.E. Director of Public Works /City Engineer City of Chanhassen 770 Market Boulevard PO Box 147 Chanhassen, MN 55317 RE: Special Benefit Analysis City of Chanhassen Proposed Left and Right Turn Lanes on Lyman Boulevard Project Dear Mr. Oehme: As a follow -up to your request -for a special benefit consultation regarding the above - referenced project, this letter outlines the analysis conducted by Patchin Messner Dodd & Brumm. Included in the C.S.A.H. 18 /Lyman Boulevard reconstruction project is the installation of right/left turning lanes at the intersections of Audubon Road and Sunset Trail. Nearby properties owned by Gayle D. Deglar Revocable Trust, PPB Holdings, LP, and Chanhassen 212 LP, are guided for more intense uses that would require turning lanes upon development to their ultimate highest and best use. Therefore, the County /City's construction of the turning lanes as part of the C.S.A.H. 18 /Lyman Boulevard project provides future benefit to these properties in the project area. As requested, our firm started investigating the potential benefit of these improvements. We reviewed the C.S.A.H. 18 /Lyman Boulevard construction plans, the potential highest and best use of these properties, and the cost of the turn lane improvements; and considered probable special benefit to properties from proposed turn lanes as part of the Lyman Boulevard project. Typically, benefit to the affected properties is similar to the cost of constructing the turning -lane improvements. However, due to delays in potential development of these properties, it would be necessary to discount the benefit to account for the intervening holding period. In this particular case, the City's share of costs for the turning -lane improvements is minimal since Federal funding will be paying for 80% of the turn lanes at the full access locations. While the owner of PPB Holdings, LP, Rick Dorsey, has also requested right -in and right -out turn lanes be constructed on this property, these improvements are not part of the current construction plans and would not be eligible for Federal funding. Given that the subject properties are expected to remain in agricultural use in the near term, we recommend that the City of Chanhassen not assess for these improvements at this time. Sunset Pond Executive Offices • 13967 West Preserve Boulevard • Burnsville, MN 55337 Phone: 19521895 -1205 Fax: 19521 895-152 1 If you have any questions or comments regarding this conclusion, feel free to contact me at your convenience. Sincerely, PATCHIN MESSNER DODD & BRUMM Jason L. Messner, MAI PATCPIIN MESSNER DODD & BRUMM I REVISOR 8420.0520 SEQUENCING. 8420.0520 Subpart 1. Requirement. The local government unit must not approve a wetland replacement plan unless the local government unit finds that the applicant has demonstrated that the activity impacting a wetland complies with all of the following principles in descending order or priority: A. avoids direct or indirect impacts that may destroy or diminish the wetland under the criteria in subpart 3; B. minimizes impacts by limiting the degree or magnitude of the wetland activity and its implementation under the criteria in subpart 4; C. rectifies impacts by repairing, rehabilitating, or restoring the affected wetland under the criteria in subpart 5; D. reduces or eliminates impacts overtime by operating the project in a manner that preserves and maintains the remaining wetland under the criteria in subpart 6; and E. replaces unavoidable impacts by restoring or, if wetland restoration opportunities are not reasonably available, creating replacement wetland areas having equal or greater public value as provided for in parts 8420.0500 and 8420.0522 to 8420.0528. Wetlands located in cultivated fields that are subject to subpart 8 are an exception to this part. Subp. 2. [Repealed, 34 SR 145] Subp. 3. Impact avoidance. A. Avoidance is required when indicated by part 8420.0515. B. Wetland dependence determination: (1) Based on information provided by the applicant, the local government unit must determine if the proposed project is wetland dependent. A project is wetland dependent if wetland features or functions are essential to fulfill the basic purpose of the project. A wetland present at the site of a proposed project does not make that project wetland dependent. (2) A project that has been determined by the local government unit to be wetland dependent is exempt from the analysis of avoidance alternatives in item C. C. Alternatives analysis: (1) In addition to documentation for the proposed project, the applicant must provide the local government unit with documentation describing at least two alternatives that avoid wetland impacts, one of which may be the no -build alternative. Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 REVISOR 8420.0520 For projects that repair or rehabilitate existing infrastructure, only one alternative is required. The alternatives may include consideration of alternate sites or alternative project configurations on the proposed site. The alternatives must be judged by the local government unit as good faith efforts, or the local government unit may require the applicant to redraft them for reconsideration. (2) The local government unit must detennine whether any proposed feasible and prudent alternatives are available that would avoid impacts to wetlands. An alternative is considered feasible and prudent if it meets all of the following requirements: (a) it is capable of being done from an engineering point of view; (b) it is in accordance with accepted engineering standards and practices; (c) it is consistent with reasonable requirements of the public health, safety, and welfare; (d) it is an environmentally preferable alternative based on a review of social, economic, and environmental impacts; and (e) it would create no truly unusual problems. (3) The local government unit must consider the following in evaluating avoidance alternatives as applicable: (a) whether the basic project purpose can be reasonably accomplished using one or more other sites in the same general area that would avoid wetland impacts. An alternate site must not be excluded from consideration only because it includes or requires an area not owned by the applicant that could reasonably be obtained, used, expanded, or managed to fulfill the basic purpose of the proposed project; (b) the general suitability of the project site and alternate sites considered by the applicant to achieve the purpose of the project; (c) whether reasonable modification of the size, scope, configuration, or density of the project would avoid impacts to wetlands; (d) efforts by the applicant to accommodate or remove constraints on alternatives imposed by zoning standards or infrastructure, including requests for conditional use permits, variances, or planned unit developments; (e) the physical, economic, and demographic requirements of the project. Economic considerations alone do not make an alternative not feasible and prudent; and Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 REVISOR 8420.0520 (f) the amount, distribution, condition, and public value of wetlands and associated resources to be affected by the project and the potential for direct and indirect effects over time. (4) If the local government unit determines that a feasible and prudent alternative exists that would avoid impacts to wetlands, it must deny the replacement plan. If no feasible and prudent alternative is available that would avoid impacts to wetlands, the local government unit must evaluate the replacement plan for compliance with subparts 4 to 8. Subp. 4. Impact minimization. The applicant shall demonstrate to the local government unit's satisfaction that the activity will minimize impacts to wetlands. In reviewing the sufficiency of the applicant's proposal to minimize wetland impacts, the local government unit must consider all of the following: A. the spatial requirements of the project; B. the location of existing structural or natural features that may dictate the placement or configuration of the project; C. the purpose of the project and how the purpose relates to placement, configuration, or density; D. the sensitivity of the site design to the natural features of the site, including topography, hydrology, and existing vegetation; E. the value, function, and spatial distribution of the wetlands on the site; F. individual and cumulative impacts; and G. an applicant's efforts to: (1) modify the size, scope, configuration, or density of the project; (2) remove or accommodate site constraints including zoning, infrastructure, access, or natural features; (3) confine impacts to the fringe or periphery of the wetland; and (4) otherwise minimize impacts. Subp. 5. Impact rectification. Temporary impacts must be rectified by repairing, rehabilitating, or restoring the affected wetland according to the no -loss provisions of part 8420.0415, item H. Subp. 6. Reduction or elimination of impacts over time. After an activity is completed, further impacts must be reduced or eliminated by maintaining, operating, and managing the project in a manner that preserves and maintains remaining wetland Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 REVISOR 8420.0520 functions. The local government unit must require applicants to implement best management practices to protect wetland functions. Subp. 7. Unavoidable impacts. Unavoidable impacts that remain after efforts to minimize, rectify, or reduce or eliminate them must be replaced according to parts 8420.0522 to 8420.0528. Subp. 7a. Sequencing flexibility. A. Flexibility in application of the sequencing steps may be requested by the applicant and allowed at the discretion of the local government unit, subject to the conditions in item B, as determined by the local government unit, if: (1) the wetland to be impacted has been degraded to the point where replacement of it would result in a certain gain in function and public value; (2) avoidance of a wetland would result in severe degradation of the wetland's ability to function and provide public value, for example, because of surrounding land uses, and the wetland's ability to function and provide public value cannot reasonably be maintained through implementation of best management practices, land use controls, or other mechanisms; (3) the only feasible and prudent upland site available for the project or replacement has greater ecosystem function and public value than the wetland. This may be appropriate only if the applicant: value; or (a) demonstrates impact minimization to the wetland; (b) agrees to perpetually preserve the designated upland site; and (c) completely replaces the impacted wetland's functions and public (4) the wetland is a site where human health and safety is a factor. B. Flexibility in the order and application of sequencing standards must not be implemented unless alternatives have been considered and the proposed replacement wetland is certain to provide equal or greater public value as determined based on a functional assessment reviewed by the technical evaluation panel using a methodology approved by the board. The applicant must provide the necessary information and the local government unit must document the application of sequencing flexibility in the replacement plan approval. Subp. 8. Wetlands on cultivated fields. If the wetland is located on a cultivated field and will be replaced through restoration, then the priority order for sequencing in subpart 1 is not required. A wetland impacted under this subpart must not be converted to nonagricultural land for ten years. The landowner must execute and record a notice of Copyright 02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 REVISOR 8420.0520 this requirement in the office of the county recorder for the county in which the property is located and, as a condition of approval, provide documentation of the recording to the local government unit. Subp. 9. [Repealed, 34 SR 145] Statutory Authority: MS s 14.06; 14.386; 103B.101; 103B.3355; 103G.2242 History: 18 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135; 32 SR 281; 34 SR 145 Posted: August 26, 2009 Copyright ©2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.. if 4 iC T lia 10, Alm VA& u � \S& ■ N Lb SL Z. 0 E ,mn 0 x z ■ N Lb SL Z. 0 E ,mn 3 LL d M E € m , 'o m oa Fm J F ci 72 g N d 10 C 3 O m 10 C l6 d 9� n u 67 0 LL m so N r a d a 6 0 O T O L _m C OJ N CO @O EN TO J p N M_ r � Capital Improvement Program 2014 thru 2018 City of Chanhassen, MN Project# ST -003 Project Name Lyman Boulevard Improvements Account #1 Account #2 Account #3 Account #4 Department Street Improvements Contact Paul Oehme Type Improvement Useful Life Unassigned Category Streets/Highways Priority n/a Total Project Cost: $8,920,000 e City will need to participate in the reconstruction of Lyman Boulevard between Powers Boulevard and TH 41 based on the master funding vement plan for the corridor. The corridor is proposed to be widened and urbanized to accommodate increased traffic volume from TH 212, x developments in the area and the new Chanhassen High School. Improvements include roadway widening storm sewer, trail, and plans for dtary sewer and trunk watermain improvements. Phase II - 2014 - Improvements are from Audubon south to Powers Blvd Justification Expenditures 2014 2015 2016 2017 2018 Total Construction 8,920,000 8,920,000 Total 8,920,000 8,920,000 Funding Sources 2014 2015 2016 2017 2018 Total Arterial Collector Dvlpmnt Fee 100,000 100,000 MSA 1,900,000 1,900,000 Other Agency Contribution 6,800,000 6,800,000 Sewer Utility Fund 30,000 30,000 Water Utility Fund 90,000 90,000 Total 8,920,000 8,920,000 project will increase maintenance costs in relation to the increase in City utilities and trails constructed with the project.