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Correspondence Section Administrative Section Letter from David Schluchter, Carver County HRA dated duly 21, 1999. Memo from Scott Botcher re: lZillages on the Pond Grant Information dated duly 30, 1999. Memo from Scott Botcher re: Beddor Property Donation dated July 28, 1999. Update re: Highway 101 Reconstruction datedduly 1999. Minutes from Highway 101 Project Meeting dated June 25, 1999. Schedule for Bidding City Services. Petition in Favor of an Assisted Living Facility in Chanhassen. Fire/Rescue Calls for July 19-August 1, 1999. Septic System Information. Carver County HRA July 21, 1999 City of Chanhassen Mr. Scott Botcher 690 City Center Dr. Chanhassen, MN 55317 Dear Mr. Botcher: 500 pine St., Suite # Chaska, MN 55318- The purpose of th~s letter ~s to reiterate my message left on vour voice ma~Llast~" Tuesday, ;July 13, 1999. We have had no r~ponsetoour Letter to theEditor',-from~ ,the citizens of Chanhassen or your office. We have~ also watched, the previous_ issues of'The Villager' for comments or other letters of concern~ and have not seen$ any. It is after making these observations that we have made afinanc_iatCOmmitment{- ' / to pumhase six condos in Autumn Ridge. Because our thirty days expires on Wednesday July -28th, 1999, we look forwardto~ the support of your office and the~City of Chanhasseriwith this future endeavor. Sincerely, - David S. Schluchter - _ Community Development Manager - - · - - ' ~':"-i~ · _ , - . . _ --- - CITYOF CHANHASSEN O~y Center Drive, PO Box 147 5anhassen, Minnesota 55317 Phone 612.937.1900 $eneral Fax 612.937.5739 'gineering tax 612.937.9152 blic Safe~y Fax 612.934.2524 ~eb www. ci. chant~assen, mn. tts MEMORANDUM TO: FROM: DATE: SUB J: Mayor City Council Scott A. Botcher, City Manager ~'}~.~ July 30, 1999 Grant Information vis-h-vis Villages on the Ponds Please find enclosed a packet of information prepared for me by Bob Generous on Friday, July 30, 1999. As I have just received this myself, I have not had an opportunity to review it in detail; however, I thought you may wish to have a copy for your records if you have never received it or if you have misplaced your copies previously. Thank you. g:\uscr\scottb\villages grant.doc ,Ci0, of Chanhassen. ~t growing cammum'ff with clean lakes, qualiff schools, a charming downtown, thriving businesses, and beaut!~ul parks. A great place to live, work, and play. Z 0 LLI 0 0 0 0 0 0 0 0 0 Z l.l.I Z 0 GRA~ Ft~ DS Grant G~'a ntA~d~t =hal Cost to Project 3alance To BalanCe To Balance TO E~a;an~e To 12/21/98 ilql.b~5 C-~nt Amt Phase I° Phase Il* Phase I* ~fl~se I1' Phase Iff* :T~ ADD #1 Be Dr'~.,m ADO #2Be Dr3wnADD #3~e D~ ~tree~ Lighl ng& Elec. I ~Jrce-Af ~'ovedAm~ unt 150500 Add 10% ftc nn Trlh,e(c, 15000 Total Sou~c~ 165500 Use 165500 15756 2625 0 183881 131468.40 34031.6025555 8476.60 8476.60 0 00 Source -A~ F)roved Am~ u~ 134800 ~dd fr~n Tr ~ifs 1808 Total $o~1~, 136609 ~' ~, Use 74077 82531 64730 ]3153 21270 255761 10204.95 126403.05 2655489848.05 37318.0~ 62531.00 Tr~s, lidew~lk, '% eel Furn 8o~rce-AF rovedAm~ un~ 215200 Less to Stre ~ Ligntin~ & Elnc 15000 Less lo Lan4 scaJ~n~ Balance 188382 trail Gra~ 3675 3675 3675.00 3675 0 0 0 0 £ra~l paving 9450 9450 9450.00 9450 0 0 0 I 1'fill ~ 525 625 525.00 0 0 0 0 ~onumeN 8 gns 38850 38850 0.00 0 0 0 0 rraf~c Sigr~ 2100 2100 0.00 0 0 0 0 ~a'ecrJaeal 8 ~l~e 8200 8500 14700 0.50 0 0 0 6 ;e~c~(~ 5455 5455 5456.00 5455 54~5 0 0 0 Ten~ Aq3~; l W~k 12600 12600 0.~) 0 0 0 0 ~ove~ Peal L ~ke & M~in J 'See Bus Sh 0 0.00 0 0 0 0 =lanter~r L~ : & M~in See Bus .~h 0 0.00 0 0 0 0 pavef~ ~ M Bin & Pond i 21000 21000 11767.84 9232.16 9232.169232.16 0 0 0 ~onc~e~eW, lk~101 27636 27036 17636 10000.00 10000 10000 0 0 0 Paver~ ~ P ~d & ADeeSl 2100 420~ 6300 2100.00 2100 2100 0 0 0 ~onceete W; lk Lske 15000 21750 36750 0000 7000.00 7000 7000 0 0 O ~ortc~e W~ k Main 9000 13000 22000 3301 5699.00 8899 6899 0 0 0 I Brick Wak Fountain 10500 10500 7000 3500.00 3500 3500 0 0 0: 5~ck Walk )L.ke 6250 625O 0.00 0 0 0 E~ck Walk M~in 22050 22050 0.00 0 0 0 ' 0 Seat Wal 34550 34050 34650.00 35175 36175 0 0 I Ste~! 8030 6930 6830.00 6930 6930 0 0 0 ~,lew=y ~1 4~000 42ooo 0.00 0 0 0 ~ 7350 7350 0.00 0 0 0 ,'~rml~ Ho me 15750 15750 0.50 0 0 0 0 8o~rdwak 390~0 35000 740{X) 39000,00 39000 3900~ 0 0 Bench~ 13471.00 23279 38750 11925.50 1545.50 1546.5 1545.5 0 0 0 t'r~sh Rede ~ctes 9~50 9660 0.00 0 0 0 ,~nne~ ~ 9975 9978 0.00 0 0 0 0 ,~e Ric~l 8978 9978 0.00 0 0 0 0 Pl~nter~ 0 0.00 0 0 0 0 Tr~n~ll ~ .,~ .~ee Bu~ Sh 0 0.00 0 0 0 0 Fou~lmi~ 52500 52500 0.00 0 0 0 0 ~ Fm~ ~in~ 5250 5250 0.00 0 O 0 0 T~l~lUse~ll)ovoC~e~P/ ~88392 0 27100 187425 119717 542834 59838.34,138761.66 13125.00 125638.66 125638.68 0 0.00 0 ?el-I 437969 62531 127586 213203 140987 982276 201303.69 ~99196.31 65234.00 233962.31 171431.31 62531.00 4,~'25.01 LolusRea~$e~.tces V123EB.WK4 AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND AUSMAR DEVELOPMENT CO., LLC FOR USE OF TRANSIT CAPITAL FINANCIAL ASSISTANCE AND LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT FUNDS AS PART OF THE METROPOLITAN COUNTIES LIVABLE COMMUNITIES DEMONSTRATION INITIATIVE THIS AGREEMENT is entered into this /Z'r~day of ~ [3"~'- , 1997, by the City of Chanhassen ("the City"), and AUSMAR Development Co., LLC ("the Developer") for the use of Metropolitan Council Transit Assistance Capital Grant Funds to Construct a transit facility and Metropolitan Council Livable Communities Demonstration Account funds for pedestrian improvements in connection with the Developer's Village on the Ponds development. WHEREAS, the Metropolitan Council is authorized by law to make grants to the City to assist in the funding of transit capital projects such as public transit and support facilities and demonstration projects to assist in providing safe and convenient access to transit services; and 'WItEREAS, the City is authorized by Minnesota Statutes 473.254 to participate in the Livable Connnunities Demonstration Account and the Local Housing Incentives Account, and is an eligible recipient for transit capital financial assistance under Minnesota Statutes section 473.375; and transit for livable communities under Minnesota Statutes section 473.3875; and WHEREAS, the City has been awarded grant funds from the Metropolitan Council pursuant to these programs, as evidenced in Attachments A and B, for the purpose of constructing a transit facility and pedestrian improvements within the City; and 'WItEREAS, the City is authorized by Minnesota Statutes section 412.221 to enter into contracts or agreements to make effective its powers. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Developer and the Council agree as follows: ARTICLE I. PROJECT 1.1 Project. Developer will construct the transit facility, inCluding bus cut- ' outs, heated bus shelter, pedestrian Plaza, related street furniture, signage and lighting. and related improvements designated as the Lake Drive East Transit Facility (Villages on the Ponds). 1.2 Construction Plans. Developer will construct the Project according to the Plans and Specifications and related documentation attached as Appendix C. ARTICLE II. FINANCING 2.1 Project Costs. Developer will account for all costs associated with the Project in accordance with the requirements specified in Attachments A and B, and in particular Section III of Attachment A, and Section IV of Attachment B. 2.2 Processing and Reimbursement. Developer will forward to the City all grant eligible Project costs. The City will forward the submitted costs to the Metropolitan Council for reimbursement. City will promptly forward or transfer any grant funds received from the Metropolitan Council to the Developer. The City has no responsibility for payment of any grant-eligible Project costs not reimbursed by the Metropolitan Council. 2.3 Non-eligible costs. Developer agrees to submit only grant-eligible costs to the City and the City has no responsibility for any non-grant-eligible costs of the Project. 2.4 Cost overruns. Developer bears all risk of any cost overruns or project- changes and expressly agrees to release the City from any responsibility or liability associated with these events. Maximum amount of funding for these improvements shall be $690,500.00. ARTICLE III. GENERAL CONDITIONS 3.1 Compliance with Law. The Developer agrees to comply, and to require all subcontractors to comply, with the provisions of all applicable state and federal laws, including workers' compensation, reemployment insurance, contractor and subcontractor payment statutes, and Occupational Safety and Health Act regulations. 3.2 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The City's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. 3.3 Risk of Loss and Insurance, Developer Shall bear the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land associated with the Project, whether or not funded in whole or in part by grant proceeds. Developer will secure appropriate insurance or alternative coverage to cover full replacement value and to protect grant funds or City assets as indicated in Section 5.07 of Attachment B. 3.4 Equal Opportunity; Affirmative Action. Developer agrees to comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use as specified in Section 5.08 of Attachment B. 3.5 Permits, Bonds, and Approvals. Developer is responsible for obtaining all applicable local, state and federal permits, bonds, and authorizations necessary for completing the Project. 3.6 Other Grant Terms. Developer reaffirms its agreement to be bound by all terms and obligations associated with the receipt of Metropolitan Council grant funds as specified in Attachments A and B and agrees to defend and hold harmless the City for any loss or liability attributed wholly or partly to the noncompliance by the Developer with the terms or obligations imposed by the Metropolitan Council. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the day first written above. CITY OF CHANItASSEN Na~icy K. Mancino, Mayor Don Ash~orth~'-~ity Manager/Clerk $2~57 -3- STATE OF MINNESOTA ) )SS. COUNTY OF CARVER ) STATE OF MINNESOTA COUNTY OF (?.-~ ;;<:: ,.//<?. The foregoing instrument was acknowledged before me this ,,q..ff"~ day of ~, 1997, by Nancy K. Mancino and by Don Ashworth, respec0tively the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NC~o 'tV eub/(ic )~ ~ ) foregoing instrument was acknowledged before me ti)is /~-~ /-~ay of the (?4'lief t"? ),').~"J~.~,C.~dof AUSMAR Development Co., LLC., a MinnesOta limited liability company, on behalf of the company... Nota~:~, Public 52457 =4= ATTACHMENT A Grant No. SG-97-53 METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the City of Chanhassen ("Grantee"). WItEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Development Guide adopted by the Council; and 'WItEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan Livable Communities Fund a Livable Communities Demonstration Account and require the Council to use the funds in the account to make grants or loans to municipalities participating in the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to metropolitan-area counties to fund the initiatives specified in Minnesota Statutes section 473,25, paragraph (b), in participating municipalities; and 'WItEREAS, the Grantee is a "municipalitf' participating in the Local Housing Incentives Account program under Minnesota Statutes section 473.254 or a metropolitan-area county and submitted an application for Livable Communities Demonstration Account funds in response to the Council's request for applications; and 3,VItEREAS, at its December 19, 1996 regular meeting, the Council awarded Livable Communities Demonstration Account grant funds to four projects, including the project described in the Grantee's application for Livable Communities Demonstration Account funds. l'qOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "JCletropolitan Area" means the seven-county metropolitan area as defined by Minnesota Slatutes section 473.12 I, subdivision 2. "Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254, or a county in the Metropolitan Area. "Participating Municipality" means a statutory or home rule charter city or town which has elected to participate in the Local Housing Incentive Account program and negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. II. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantee a total sum of $500,500.00 which shall be funds fi/6m the Livable Communities Demonstration Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision of this agreement, the Grantee understands and agrees that any reduction or termination of Livable Communities Demonstration Account grant funds made available to the Council may result in a like reduction to the Grantee. 2.02 Authorized Use of Grant Funds. The total grant amount made available to the Grantee under this agreement shall be used only for the purposes and activities described in the Grantee's application for Livable Communities Demonstration Account grant funds, as revised to reflect the grant award made by the Council. A copy of the Grantee's application which identifies eligible uses of the grant funds is attached to and incorporated into this agreement as Attachment A. If the provisions of the Grantee's application are inconsistent with other provisions of this agreement, the other provisions of this agreement shall take precedence over the provisions of the application. Grant funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25, paragraph (b), in a Participating Municipality. Grant funds must be used for costs directly associated with the specific proposed activities and are intended to be used for "hard costs" rather. than "soft costs" such as: administrative overhead; activities prior to the start of the grant project; travel expenses; legal fees; permits, licenses or authorization fees; costs associated with preparing other grant proposals; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt- manner, any unspent grant funds and any grant funds which are not used for the authorized purposes specified in this paragraph. The Grantee must complete all major components of the grant project as proposed and for which the Council made its grant award, or the Grantee must return to the Council the entire grant amount specified in paragraph 2.01 of this agreement. 2.03 Budget Variance. A variance of ten percent (10%) in the amounts allocated to various eligible uses identified in Attachment A shall be considered acceptable without further documentation or Council approval. Budget variances exceeding ten pement (10%) may require approval of the governing body of the Metropolitan Council. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant funds under this agreement shall not exceed the maximum grant amount specified in paragraph 2.01 of this agreement. 2.04 Disbursement Schedule. The Council will disburse the grant funds to the Grantee in accordance with the grant fund disbursement schedule contained in Attachment B, which is ' incorporated into and made a part of this agreement. The Council will make disbursements only upon receipt of a written disbursement request from the Grantee's authorized agent or represbntative. :2.05 Interest Earnings. If the Grantee earns any interest or other income from the grant fimds xeeeived from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the project activities described in Attachment A. 2.06 Effect of Grant. Issuance of this grant neither implies any Council 'responsibility for contamination, if any, at the project site nor imposes any obligation on the Council to participate in anypollution cleanup of the project site if such cleanup is undertaken or required. III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received ~om the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will keep proper financial records including invoices, contracts, receipts, vouchers and other appropriate documents sufficient to evidence in proper detail the nature and propriety of the expenditure. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of three (3) years following the completion ~ of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. 3.03 Report Requirements. The Grantee will provide to the Council one or more written reports which report on the status of the project activities described in Attachment A and the expenditures of the grant funds. The reporting schedule and the content of the written report(s) are identified in .Attachment C, which is incorporated into and made a part of thiS agreement. 3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site .Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project activities funded by this grant, and that any environmental issues have been or will be adequately addressed. IV. AGREEMENT TERM 4.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02, this agreement will expire upon completion of the project activities described in Attachment A or following the expenditure of all grant funds by the Grantee, whichever occurs earlier. 4.02 'i'ermination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. If this agreement is terminated, the Grantee shall receive payment on a pro rata basis for project activities described in Attachment A that have been completed. Termination of this agreement does not alter the Council's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this ~greement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds akeady disbursed. 4.03 Amendments. The Council and the Grantee may amend this agreement by mutual agreement. Amendments, changes or modifications of this agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the project activities funded by this grant. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 19.76 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce any other fight or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the termination of this agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by tl~e Council and the State of Minnesota in promotional materials, press releases, reports and publications relating to the project activities described in Attachment A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following, or similar, language: 77~is project was financed in part with a grant from the Metropolitan Council through the Livable Communities Demonstration Account of the Metropolitan Livable Communities Fund. 5.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform or complete the project activities described in Attachment A. 5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract for project activities appropriate contract provisions to ensure contractor and subcontractor compliance with all applicable state and federal laws. Along with such provisions, the Grantee shall require that contra.ctors, and subcontractors performing work covered by this grant comply with all applicable state and fed~t:al Occupational Safety and Health Act regulations. 5.07 Attachments. The following are attached to this agreement and are incorporated into and made a part of this agreemdnt: (a) Attachment A - Grantee's application for Livable Communities Demonstration Account grant funds, as revised to reflect the Council's grant award Co) Attachment B - Grant Fund Disbursement Schedule (c) Attachment C - Written Report Submission Schedule 5.08 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants on the Grantee's behalf that the individual is duly authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WltEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to form: METROPOLITAN COUNCIL By Assistant General Counsel Craig R. Rapp Director, Community Development Date By _ . _ Don Ashworth, Ci~'~Manager Date ~t~j I~a/"~ ATTACHMENT A APPLICATION FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT FUNDS This attachment co. mp.ri, ses pages A-1 through A-10 and incorporates the Grantee's application for Livable Communities D~monstration Account grant'funds which was submitted in response to the Council's request for Livable Communities Demonstration Account applications, subject to the following revisions and clarifications which reflect the Council's grant award: In conjunction with and as part of the project activities identified in the Grantee's project application, the Grantee agrees to actively investigate including in its project housing units made available under the April 1995 consent decree entered in the matter entitled Hollman v. Cisneros, Civil No. 4-92-712. The Grantee's proposed use of $22,523 of Livable Communities Demonstration Account funds for project inspection, identified in the financial summary at page A-9, is not funded and is not an authorized use of grant funds under this agreement. As indicated in the development contract for the project, the project will contain 168 owner-occupied units, fifty percent of which will be affordable according to the regional definition. The development contract further specifies that the project will contain 154"~{ ~ rental units, thirty-five percent of which will be affordable according to the regionaF--..i_.~}- ~ definition. For the purposes of this grant agreement, "affordable" levels as defined by the Council for 1997 are $120,000 for ownership and $716 per month for two-bedroom rental units. The definition of "affordable" levels may be modified for 1998 and following years. -.2 METROPOLITAN LIVABLE COMMUNITIES ACT' LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT APPLICATION City of Chanhas' n, Minnesota 1. - GENERAL INFORMATION Project Contact Person: Robert Generous, AICP, Sen/or Planner Address: 690 Coulter Drive Chanhassen, MN 55317 'Phone: (612) 937-1900x141 Fax: (612) 937-5739 2 LOCATION South of Hwy. 5 between Great Plains Blvd. and Market Boulevard. The 66 acre parcel provides a transitional hub between different land uses within the community. Directly to the north of the site is TH 5 and downtown Chanhassen. Most of this area is developed with commercial uses. West of the site is developed with light industriaVoffice use. Lake Susan, Riley Creek, and Rice Marsh Lake are located south of the site along with single family residential lots. East of the site consists of single family residential and commercial developments. 3. HISTORY The proposed development is scheduled for final approvals on September 9, 1996 before the Chanhassen City Council. Thereafter, individual lots will proceed through the city's site plan review process for review and approval. On August 12, 1996, the Chanhassen City Council granted preliminary approval of PUD #92-1 including a Comprehensive Land Use Plan amendment from Office/industrial, Institutional, Residential Medium Density, Residential Low Density to Mixed Use-Commercial, High Density Residential, Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units; Rezoning from IOP and RSF to PUD, Planned Unit Development (first reading);' Preliminary plat for 13 lots and 3 outlots and public right-of-wax Wetland Alteration Permit to fill and excavate wetlands on site; Vacation of right-of-way and easements; Environmental Assessment Worksheet (EAW) findings of Negative Declaration of the need for additional environmental investigation. On December I 1, 1995, the City Council granted conceptual approval of PUD #92-1 Villages on the Ponds sketch plan. In August, 1995, the property was reguided from Commercial, Office, Medium Density Residential, Low Density Residential, and Open Space to Office/industrial, Institutional, Residential Medium Density, Residential Low Density as part of the Highway 5 Study. The Highway 5 study was a two year project investigating land uses within the Highway 5 corridor as well as design criteria'for the development of this vital corridor in the commt/nity. As part of the 1991 City of Chanhassen Comprehensive Plan update, the property was guided Commercial, Office, Medium Density Residential, Low Density Residential, and Open Space. 4. PROJECT DESCRIPTION The City of Chanhassen is a rapidly groWing community located in the southwestern metropolitan area. While Chanhassen is somewhat unique for a suburb with a well defined downtown, the Villages on the Ponds project is a transit oriented development incorporating a transit facility at the heart ora mixed use development Containing commercial, institutional, office and residential components in a compact, safe and pedestrian friendly environment. This development incorporates many of the ideas and techniques espoused in the "Transit Redesign 1996" and the Livable Communities Act and it is worthy of Metropolitan Council support and financial assistance. Southwest Metro Transit fully supports the inclusion of a transit facility on Lake Drive East within the Villages on the Ponds project in the City of Chanhassen, Minnesota. Southwest Metro Transit, the City of Chanhassen and the project developer are working extensively to improve transit oppommities for residents and businesses. We encourage the Metropolitan Council to assist in this endeavor through the provision of Livable Communities Demonstration Account Funds for the project. This project, if successful, .will show fringe communities that a mixed use development can work in a suburban setting and that a transit element is an integral component of these developments. The site is generally open space with the exception of TH 101/Market Boulevard and Great Plains Boulevard and one existing residence. The site consists of a mixture of wetlands, brushland, woodland, and some open grassland. The site has been previously disturbed by human activity such as cultivation, gra:~ktg, logging, and road construction. Areas of significant slopes, in excess of 12 percent, are scattered throughout the property with two areas adjacent to Lake Susan that meet the city's bluffordinance definition. The overall intent of the develqpment is to provide an expansion of downtown Ch~nhassen and to create a commercial-office-residential (mixed use) activity center which compliments the existing downtown and provides additional comparison retailing opportunities and residential support to both the existing and expanded downtown. The overall theme of the center is pedestrian friendly in village scale and traditional character, using both on and off-street and underground parking and lraditional architecture ofmidwestem vernacular character. In addition, a transit facility is located .. J' at the village core, encouraging residents and workers to leave their cars and utilize public transit opportunities. Site Master Plan Traditional early 20th century American Towns as well as numerous examples of European cities have served as an '.mspira. tion for creation of the Village's neighborhood concept. Even though this development is compam'fively smaller in size and incorporates a number ofqtiite modem features, it attempts to assimilate ali major positive characteristics of traditional towns, such as the following: Mix of Uses. Both horizontal and vertical mix of multiple uses within short, comfortable walking distance, allows people to live, work, shop, eat, and accomplish many daily activities at the same place, thus reducing the dependency on the car. Public Realm. The buildings are used to form the streets, plazas and other defined public spaces for circulation and social activities. The quality of these public realms create the sense of community and neighborhood identity. Parking areas are provided on street, with off-street parking located to the rear of the structures and underground. Circulation. Pedestrians, bicycles and cars share the streets on an equal basis. Pedestrian connections are also made through building corridors from the street to the parking lots and intemalIy between sites through parking lot areas and to public spaces. "Street-calming" techniques are used to slow down and reduce car traffic speeds through the village core area which, along with street parking, makes it pedestrian friendly. Also, as in traditional towns, there is public transit, a bus .stop station at the village square. This allows reduced use of cars, benefiting all people, especially children, the elderly, and the physically impaired. The village core (Sector I) will be characterized by small one and two story retail/office structures with architectural detailing reminiscent oftraclitional, vernacular architecture. With the addition of upper level apartments, structures may be increased to three stories and a loft w/th street level office/retail. Buildings will have a mixture of pitched and flat roofs with a variety of gables, gabled windows, and chimneys. Structures will be placed close to the public way similar to a small downtown area. Structures will often be linked by roofs, canopies and Iow walls. The Highway 5 (Sector ~) component of the development proposes the use of smaller one story building pads orS, 000 - 15,000 square feet with the exception of the motel/hotel building that will be up to three stories with a larger building footprint. The institutional (Sector ~ component is located in the eastern part of the site portion of the site. The area is the relocation site for St. Hubert's Church and school. The building will consist of two stories and a total building area of 100,000 square feet at build out. The residential/office (Sector IV) component of the development consists of condominium type high density on the western portion of the site and open space on the southern portion of the site. The high density development would be limited to two building pads built in multiple stories, four plus a loft, with underground parking. A potential office site is located in the northern part of the site. The office building would be limited to two stories. As an alternative, the office building could be replaced with a third condominium. Building pads will be located in open or plateau areas of the parcels, maintaining existing vegetation and sloped areas. Underground parking shall also be incorporated into the site design to lessen disruption of the site. An open space comp.o, nent exists in the southern portion of the site below the existing city trail system. The applicant it' proposing that these areas be utilized for active recr~ationaI uses, tennis courts and a soccer field. .The applicant is proposing an environmentally sensitive development of the site that will retain major hardwoods, preserve steep slopes, and protect and enhance wetland areas. This will be accomplished through limitations on building pads, providing underground parking, vertical development of the structures, and the preservation of open spaces. The proposed development attempts to incorporate many elements of what is termed neo- traditional planning, new urbanism, livable communities, or sustainable development. These elements are: Providing a mix of lifecycle and affordable housing, shops, work opportunities, civic facilities within walking distance of each other and accessible by transit. Developing sufficient common, community spaces. Using to the project's advantage, the character, culture, history and amenities of the community. Linking the development to other parts of the community, not only for car, but also for pedestrians and bicycles through the inclusion of trails and sidewalks. Integrating natural, topographical, and environmental features into the design of the project. Creating an infill development in area that is fully developed on three sides and is bounded on the south by a sensitive environmental area. _"Pne proposed development can be used as an example of livable communities both from the standpoint of the design of the project and also from the process that was undertaken to bring the development forward. 5. PLANNING PROCESS In'the spring of 1995, the developer, Lotus Realty Services, began informal meetings with the City ofChanhassen staffto review potential development options for the Wardp.roperty, a 66 acre parcel located south of Highway 5 between Highway 101 and Great Plains Boulevard. Due to the high profile location of the site and the unique environmental features located on the property, staff suggested that a mixed use development be proposed for the property. In August, 1995, the developer submitted a conceptual plan that incorporated a mixed use development consisting of retail, office and residential components. However, this initial proposal was very euclidian in nature, segregating the various land uses in discrete areas. Throughout staff's review of the conceptual plan, the city recOmmended that mixed uses be integrated throughout' the development, incorporating residential units abov~ commercial spaces ~ well as in separate structures. In addition, the city requested that the developer increase the quantity of residential units that would be incorporated in the development. The City also directed that both ownership and rental housing be components of the development. Staffwas able, through the public hearing process to have the developer reduce the specificity of the uses within individual areas, and instead designate the area bubbles as mixed uses with preliminary overall parameters for the development. The City of Chanhassen Planning Commission held public hearings regarding the conceptual proposal on October 18th and November 15th, 1995. The City Council held hearings on _November 27th and December 1 lth, 1995. Conceptual approval by the city provides developers direction on how they should proceed with a development, it does not grant them vested fights nor assure the final approval of the project. At the same time as the review of the project, the city was also responding to the requirements of the Livable Communities Act,' reviewing the comprehensive plan for compliance with the Livable Communities Act, analyzing development patterns and vacant land capacities, and developing strategies for the implementation of the Act. Between the city's approval of the conceptual plan and the preliminary plan submittal, staff worked with the Planning Commission and City Council to educate them regarding nco- traditional planning, new urbanism, livable communities, or sustainable development through city workshops, use of videos, sending Commissioners to conferences, and providing planning literature on the topic. In addition, city staffworked with the developer to provide workshops to explain their proposal to the Planning Commission and City Council in small increments: first, reiterating the nco-traditional planning principles, then showing how the project could meet some of the goals of the city; second, eXplaining the technical details surrounding the subdivision of the land, the potential impacts to the site's natural features (without showing the conceptual master plan for building and parking placement); and third, discussing the master site plan arc architectural standards that would be incorporated in the development. Once the Planning Commission had a grasp of all the details, the applicant submitted their plan for preliminary approval. Concurrently, with the developer's education of the project for the city, the developer was holding separate meetings with the adjacent property owners to hear their concerns and incorporate their comments and ideas in the development. 1. The Planning Commission held public hearings on July 17th and July 24th, 1996, to review the proposed development. The City Council held a hearing on August 12, 1996. The project is tentatively scheduled for f'mal approval before the Chanhassen City Council on September 12, 1996. 6. PROJECT 'TEAM Owners.' Fr. Austin T. Ward Fr. William J. Ward John H. Ward . Sister Mary Ellen Ward Development Team Developer: Lotus Realty Services, Inc. Bradley Johnson Vemelle Clayton Engineers: BRW, Inc. Dean Olson, ASLA, Senior Consultant Elizabeth A. Kunkel, Wildlife Biologist/Wetlands Specialist Architects: Milo Architecture Group Mika Milo, AIA, Principal General Contractor: AMCON 7. PARTNERSHIPS There are currently no formal partnerships involved with the initial development of the site. The developer has been working with the city and Southwest Metro Transit for the inclusion of a transit facility within the development. However, the city envisions that longer term, there will be partnerships between the city, non-profi.t organizations, and private developers for the provision of affordable housing. 8. USES OF DEMONSTRATION ACCOUNT FUNDS The city proposes the use of demonstration account funds to enhance the public realrr/including providing the pedestrian connections that will bind this project together, internally, as well as connect the development to the rest of the community. These funds will be used to assist the developer to create the public improvements necessary to build the infrastructure necessary to permit the development of the Villages on the Ponds. ' ..?i:, '~'~' ~. The proj'ect proposes to provide a 14 to 18 foot pedestrian corridor between the edge of curb and the individual sites build-to line. Within this area, pedestrian enhancements including benches, :' tables, flower pots, decorative paving, raised planter boxes and other amenities are proposed to create a pleasant and visually pleasing environment. The demonstration account founds would be used to develop the first six to eight feet 0fthis area. These improvements would then be leveraged by the individual site developers to create an additional six to 12 foot pedestrian area I for'people to play, eat, .entertain, meet, relax and interact. The funds are proposed to be used to provide a concrete'sidewalk area around the village pond and along Lake Drive and Main Street, small pedestrian plaza areas and connections, street furniture and decorative lighting, boulevard plantings, a boardwalk across the village pond, and wetland enhancement plantings around the village pond. Through the use of LCDA funds, the potential for creating a truly attractive and functional environment for the people who come to the Villages on the Ponds is enhanced. While the city will require that pedestrian access be provided to each site, the ability of individual users to create the pedestrian plazas and street amenities that are being proposed are financially unfeasible and uneconomical for each site. The investment of the Livable Communities Demonstration Account will be used to leverage the site improvements and pedestrian amenities developed on individual sites. In addition, these funds will permit the de'~elopment of a continuous pedestrian system throughout the project that would othervAse be phased as development came in' to the project. 9. FINANCIAL SUM2YIARIES See Attachments A and B. 10. PROJECT SCI:t-EDULE See Attachment C. 11. LOCAL GOVERNMENT SUPPORT See attached letter from Don Ashworth, City Manager of the City of Chanhassen, Resolution Electing to Participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act, and Housing Goals Agreement - Metropolitan Livable Communities .Act elf necessary, a formal resolution of support will be provided.) Livable Communities Demonstration Account (LCDA) Application ATTACHMENT A SUMMARY FINANCIAL INFORMATION Public Private LCDA Amount Requested Total Project Costs Total Soft Cost Total Hard Cost $713,023 $3,469,477 $523,023 $ 30,723 $651,777 $ 22,523 $682,300 $2,817,700 $500,500 2. Are you requesting a loan or a grant? This request is for a grant. 3. What is the status of financial commitments for this project? The city has been awarded a Regional Transit Capital grant for the provision of a transit facility within the project. The applicant has applied for private financing for site grading and utility installation costs. Appraisals and other documents are under preparation. 4. x, Vhen ~411 you need Demonstration Account funds? The proposed site grading and utility installation is scheduled for the fall and winter of 1996. Street and physical site improvements will begin in the spring of 1997. Demonstration account funds will be needed beginning in the spring of 1997 continuing through the fall of 1997. ATTACtIMENT C 1996_ 1997_ CITY APPROVALS FINANCING SITE GRADING UTILITIES STREETS SITE IMPROVEMENTS LANDSCAPING ATTACHMENT B GRANT FUND DISBURSEMENT SCHEDULE The total grant amount specified in paragraph 2.01 of this agreement shall be disbUrsed to the Grantee for uses consistent with this agreement according to thc following schedule: The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewed and approved by the Council. Written disbursement requests shall indicate the project activity funded by this agreement, the contractor(s)/vendor(s) to be paid, and the time period within which the project activity was or will be performed. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee. Individual disbursement requests should specify the project or activity to be funded and identify dollar amounts by project or activity. Subject to verification of a written disbursement request and approval for consistency with this agreement, the Council will disburse a requested amount to the Grantee within fifteen (15) business days after receipt of a written disbursement request. ATTACHMENT C WRITTEN REPORTS AND SUBMISSION SCHEDULE Beginning three (3) months after the Grantee initially receives grant funds, the Grantee shall submit to the Council writ.ten .q.u.artefly reports which shall contain at least the following elements: · A summary of grant funds received and expended to date, including a description of the purposes or uses for which the grant funds were expended; and · A statement of expected grant fund expenditures within the next quarter. The Grantee's final written quarterly report shall be submitted within two (2) months following the expenditure of all grant funds by the Grantee and shall contain a certification by the Grantee's. chief financial officer that all grant funds have been expended in accordance with this agreement and the provisions of the Metropolitan Livable Communities Act. The Grantee also shall complete and submit to the Council a Monitoring and Evaluation Report which will assist the Council in monitoring and evaluating the implementation of the Livable Communities Demonstration Account program. The contents, format and completion date of the Monitoring and Evaluation Report will be determined by the Council. This reporting requirement may survive the termination or expiration of this agreement. AUTHORIZED AGENT The Council's authorized agent for the purposes of administering this agreement is Joanne Barron or another designated Council employee. The written report(s) submitted to the Council shall be directed to the attention of the Council's authorized agent at the following address: Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 ATTACHMENT B Contract No. SG-97-PF-43 ( 1996 Award) AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND CITY OF CHANH. ASSEN FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE THIS AGREEMENT is entered into this ~--1'~YIx' dayof /~OI'~r~ ' THE IVI'ETROPOLITAN COUNCIL, ("the Council"), and CITY OF CHAN}~SSEN ("the Grantee"). WHEREAS, the Council is authorized by Minnesota Statutes § 473.39 to issue bonds to provide funds to implement the Council's transit capital improvement program ("the Transit CIP"); and WHEREAS, the Transit CIP provides for funding of capital projects such as vehicle acquisition or refurbishment, public transit and support facilities, computer/communication equipment acquisition, transit equipment acquisition, and demonstration projects to assist in providing safe and convenient access to transit services; and WItEREAS, the Council is authorized by Minnesota Statutes § 473.375 to provide financial assistance to operators of public transit in the metropolitan area; and x, VHEREAS, the Grantee is an eligible recipient for transit capital financial assistance and has applied to Council for a transit capital grant; and WHt;REAS,'the proposed project is consistent with the Council's Transit CIP, and the Council desires to assist the Grantee by the award ora transit capital grant. NOW, TI3~EREFORE, the Council and the Grantee agree as follows: I. DEFINITIONS 1.01 "Project" means the entire work effort funded in whole or in part by Council grant funds, described in Exhibit A. 1.02 "Council bond proceeds" means funds received by the Council from the intended ' issuance of Metropolitan Council general obligation bonds to accomplish the Council's Transit CIP. II. GRANT AMOUNT, GRANT PERIOD, AND PAYIVIENT OF PROCEEDS ,// / 2.01 Grant Amount. Tl/~'Council agrees to make available to the Grantee during the grant period a total grant amount of 5; 190..000 for the purpose of performing the Project set forth in Exhibit A, which is attached to and incorporated in this agreement. In no event will the Council's obligation under this agreement exceed the total grant amount. The Council shall bear no responsibilit3, for an)' cost overruns which ma>, be incurred by the Grantee in the performance of the Project. -1- 2.02 Grant Period. The grant period shall commence upon the exeeutionofthis agreement and remain in force and effect until December 31, 1998. After that date, all grant funds which have not been expended shall revert to and become part of the Council's Transit Capital Fund and may be realloeated or expended by the Council for other transit capital projects. 2.03 Reimbursement Payments of Grant Proceeds. Except as provided in paragraph 2.04, all pa3anents to the Grantee shall be made on a Reimbursement basis following submission by the Grantee to the Council of satisfactory documentation of grant-eligible expenditures. All documentation of expenditures shall be submitted in a form acceptable to the Council. The Council shall reimburse all grant eligible expenditures not in excess of the total grant amount within thirty (30) days of the receipt of satisfactory documentation from the Grantee. The documentation shall be subject to reviexv and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. 2.04 Joint Payment of Large Expenditures. In the event of an anticipated grant-eligible expenditure in a liquidated amount in excess of $50,000, the Grantee may request a cheek from the Council for payment of grant proceeds made out jointly to the Grantee and to the contractor or vendbr to whom the grant eligible payment is owed. The Council shall issue such a check within thirty (30) days of receipt of satisfactory documentation from the Grantee of a grant-eligible expenditure in excess of -$50,000. All documentation shall be submitted in a form acceptable to the Council. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. The Grantee's endorsement on the check will be deemed to be a certification by the Grantee that the full amount of the check is for payment to the joint payee on the check and that no portion of the proceeds of the check will be paid to or retained by the Grantee. 2.05 Reimbursement Request/Progress Reports. To obtain reimbursement under this agreement, the Grantee shall submit a Reimbursement Request/Progress Report on forms provided by the Council. Reimbursement Request/Progress Reports may be submitted once per month, but must be submitted at least semi-annually by December 1 and June 1 of each calendar year of the grant period. The Grantee shall describe the activities undertaken in connection with the grant and shall provide sufficient documentation of grant-eligible expenditures and such other information as the Council's staff reasonably requests. 2.06 Council Fund Requirement. Notxvithstanding anything to the contrary in this agreement, the payment of grant proceeds shall be made by the Council within the time frames specified in this article only if the Council has adequate transit bond funds on hand at the time that payment is due. The Grantee acknowledges that, at the time of execution of this grant agreement, the Council may not have issued the Council bonds, the proceeds of which will be used to fund the Council portion of this agreement. III. AUTH'ORIZED USE OF GRANT PROCEEDS 3.01 Project Costs. The costs of performing the Project as detailed in Exhibit A after July 15, 1996, and before expiration of the grant period are eligible for payment or reimbursement out of grant proceeds. 3.02 Professional Services Costs. The costs of legal, engineering, architectural, construction site management, design services, soils testing, preparing bidding or proposal specifications, or project managemem services directly necessary to perform the Project are eligible for payment or -2- reimbursement out of grant proceeds. Such services must be performed by outside firms or individuals. Direct staff costs incurred by the Grantee for these types of services are not grant-eligible costs. The amount of grant proceeds which may be used for these professional services costs must not exceed seven percent (7%) of the total grant amount. 3.03 Administration Costs of Grant. The Grantee agrees to maximize the use of its own personnel and internal services in taking the steps necessary to perform the Project and minimize the administrative costs associated with the performance of the Project. Grant proceeds may not be used to fund any grant administrative costs. 3.04 Regional Use. The Grantee agrees to perform, operate, and ma{ntain the Project capital assets in a manner consistent with the Council's Transit CIP, and further agrees that it will not adopt any rules or restrictions hindering regional use of the Project capital assets or sell or remove the Project capital assets from regional use without the express written consent of the Council, either during the grant period or for a period of twenty (20)),ears following. IV. ACCOUNTS, RECORDS, AND AUDIT REQUIREMENTS 4.01 Separate Account; Records. Tile Grantee agrees to establish and maintain a separate account for the Project and to maintain accurate and complete records and accounts relating to the receipt and expenditure of any and all grant funds. Such accounts and records shall be kept and maintained for a period of at least three (3) years following the expiration of the grant period. All costs charged to the Project must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature ,nd propriety of the charges. 4.02 Audit. The above accounts and records of the Grantee are subject to audit by the Council and may be inspected on the Grantee's premises or othenvise by individuals designated or authorized by the Council at any time following reasonable notification during the grant period and for a period of three (3) years thereafter. V. GEN'ERAL CONDITIONS 5.01 Consultation. Tile Grantee agrees specifically to review and solicit recommendations and advice from the Council's staff at the earliest possible time if and when the Grantee expects that the following will or may occur: The costs for any portion of the Project will be higher than the Grantee's projected costs for that portion of the Project; or b. The total cost of the Project will exceed the total grant amount. If the Grantee, for an),. reason, determines that the Project or an), portion of it should not be undertaken} or that there should be a change in the scope or costs of the Project or any portion of it, the Grantee shall submit to the Council's Regional Administrator a statement describing the situation and giving the reasons for the Grantee's determination. The Grantee may, simultaneously with the submission of the statement or xvithin a reasonable time thereafter, recommend for Council approval alternative projects, activities, uses, expenditures, or allocations of grant funds. -3- 5.02 Compliance With Law. The Grantee agrees to comply with the provisions ofall applicable state and federal laws, including those laws pertaining to the use of bond proceeds. This grant is financed with bonds issued in accordance with Federal arbitrage restrictions. The Grantee will not use the grant funds in any way which would cause the bonds to be classified as "Arbitrage Bonds" under the Internal Revenue Code. The Grantee will not take any action that would adversely affect the exemption from federal income taxation of the bonds or omit to take any action necessary to maintain such tax exempt status. Further, the Grantee agrees that it is the Grantee's obligation and responsibility, and not the Council's, to comply with all other laws, reguiations, and rules relating to activities undertaken in performing the Project. 5.03 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 5.04 Amendments. The terms of this agreement may be changed by mutual agreement ofthe parties. Changes shall be effective only upon execution of written amendment(s) signed by. authorized representatives of the Council and the Grantee. 5.05 Title to Equipment and Vehicles. Title to any equipment or vehicles purchased with grant funds must remain in the Grantee's name for the time period indicated in paragraph 3.04. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep xhe equipment and vehicles free and clear of any liens, encumbrances, or other claims. 5.06 Operations and Maintenance. The Grantee agrees to be responsible to operate and maintain the Project in good working order for the time period indicated in paragraph 3.04 and to be responsible for any costs of operation and maintenance of the Project. 5.07 RiSk of Loss. The Grantee bears the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land accomplished in whole or in part with grant funds. At a minimum, the Grantee shall secure appropriate insurance or establish a fund for appropriate self-insurance to cover full replacement value and to protect the Council's investment of regional funds for fl~e time period indicated in paragraph 3.04. 5.08 Equal Opportunit3.'; Affirmative Action. The Grantee agrees to comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use. In particular, the Grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition, the Grantee agrees to include affirmative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the grant proceeds. 5.09 Permits, Bonds, and Approvals. The Grantee is responsible for obtaining all applicable local and state licenses, permits, bonds, and authorizations necessary for performing the Project. -4- 5.10 AcknowledgmentS. The Grantee shall appropriately acknowledge the financial assistance provided by the Council in any promotional materials, press releases, reports, and publications relating to the Project. 5.11 Construction. This agreement is intended'to' assist in implementing the Council's Transit CIP and Transportation .Policy Plan/Development Guide Chaj~ter and shall be interpreted consistently with them. 5.I2 Effect of Project Close-out. The Grantee agrees that Project close-out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. r~h' WITNESS WHEREOF, the parties have causcd this agreement to be executed by their duly authorized representatives on the day first written above. Approved as to form: · '~a!~~AdministraXtqr capstd96.doc CITY OF CHANHASSEN Its: '~ ~ By: ..... -5- EXHIBIT A DESCRIPTION OF PROJECT The funds granted under this agreement shall be used to accomplish the project described in the Grantee's original Regional Transit Capital Funds (1996) ai~plication excerpt in this exhibit. A-1 I'k'lt::Li UpUIlL~:[I! ~,UUIIL;II Working for the Region Ptanning for the Future ,,EC lVEO r!.,AY REGIONAL TRANSIT CAPiTAL(RTC) FUNDING APPLICATION J .... ~.'~RLIC33ON$: Complete an~ return to Mark Fuhrmann, Office of Transportation and Transit Development, ~'"~ I Metropolitan Council, Meats Park Centre, 230 E...~.~.ltt], ~treet, St. Paul, Minnesota- 55101. ' -- {_ so as to be received no later than 5:00]~.m. one, 1996. Pt~: f612) 229-2722 . I. GENERAL INFORMATION . 1.AT~PLICANT C~'cv n.f Chanh~ssen 2. JURISDIC33ONAL AGENCY (IF DIFFERENT) 3. MA1LING ADDRESS P. O. Box 147 CITY ~hanhas~?n - 5. CONrTACTPERSON - Rober~ Genez'ous STATE HN I ZiP 0ODE55317 4. COUNTY Carver TITLE Senior Planner PHONE: ~6:12 )937-:1900-:l il. PROJECT iNFORMATION 6. PROJECTNAME Lake Drive East Transit Facilit~ (Villa?es on the Ponds) ~ ~ ~RIEF PROJEGT DESCRIP~ON i- Transi~ ~ac[li~y located with a m±xed use development. The £aci!±~y sha!l include bus ~ cut-ou=s, hea~ed bus shelter, pedestrian p!sza, and street £urnitu~e, signage and !±9h~in~. P.R.rgECT ARE. A- (Area to be se~d by the project, example, Counb,, Ci~., etc) ??,? o~ Ch.=.nh=.sseq PROJECT CATEGORY - Cnec.~. the re, e-v-an: bo~ Io; me :y-~e ~ ~rde.:_. un~' eflher Ma~or or Min~' Pr~e-=~., categoff/b~ow (Cncx3se only ONE ~) ~,~a]or Pro]acts: (Total Cost over $25,ooo) .Purpose Re•lace Rehabilitate ,New '['-J Yehi~le A=quisition [-] r-I [~]~ublic and Suppo~ Facilities ]J'~ ComputerlCommun ciation D E~ D [] Other Equ!pments D D Demonstmtion Projects [-] D $ Minor Projects: (Total Cost: $10,000 to S2S,000) P ur'~ose. .Replace RehabTlitate Ne~ ['-] Vehicle Acquisition [-'] E] ~ r"] Public and Support Facilities D E] r-] C-I Computer/Communciation D ' r-] [--'] E] Other Equipments E3 E] ~ E] Construction E] D C '~0. Complete the ChecY-list on the reverse side of this form !!1. PROJECT FUNDING · ?:.t~O~-R~alOr, U,L S273,000.00 I ~. ~EG~Oh~ S (~C FU,~S): 190,000.00 COST S'~3,000.00 I 14. PROJECT YF_AR(S~ (CIRCLE~ (" 1.~°95 ,)~1997') PROJE~T, · Proposals must §pecificalh: and directly address each criterion to qualify and receive pain~. ' Papes in e~ch prop~sa] should be ~umberec' wi~h this page es number 1. - _. - . -" ATTACHMENT C (Project Plans and Specs, Bid Documents, etc.) CITYOF CHANHASSEN 690 Cify Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 6I 2. 937. 5739 Engineering Fax 612.937.9152 ?nblic SafeO, Fax 612.934.2524 Web www. d. 3anhassen. mn. us MEMORANDUM TO: FROM: DATE: SUB J: Mayor City Council Scott A. Botcher, City Manager July 28, 1 999 Beddor Enterprises Potential Entryway Property Donation Please find attached a copy of some documentation from Kate regarding this property. She has put together a nice summary containing miscellaneous data about this site. It is yet an unanswered question as to whether or not a donation of this property eliminates the responsibility of the current owner to pay the assessments remaining on the site. This question will obviously have to be answered prior to any acceptance on the part of the city. Please contact me should you have any further questions. Thank you. g:\user\scottb\bcddor donation.doc The Gty of Chanhassen. A gwwing community with clean lakes, quali~3, schools, a charmin~ downtown, thriving, businesses, and beautiful parks. A great place to live, work, and Parcel at southeast comer of TH 5 and Powers Boulevard Legal Description: Lot 2, Block 3, Park Two Addition PID: 25-5650090 Owner: Beddor Enterprises/E. J. Carlson 6950 Galpin Boulevard Chanhassen, MN 55317 Area: approximately 2.7 acres, 117,925 square feet Assessments: Original assessment for Powers Boulevard $137,257.68, current balance $102,939.50 Current Zoning: lOP, Industrial Office Park and HC~ 1, Highway Corridor Overlay District. Current Land Use: Office/Industrial Restrictions on parcel: Must be accessed via a private street on Lot 1, Block 3, Park Two Addition. No direct access to Powers Boulevard, w~Ot'C{, History: Early 1987, rezoned to IOP, Industrial Office Park, from P-3, Planned Community Development District. 4/5/82, City Council approves final development plan amendment for Park Two and site plan for United Mailing. 4/5/82, Special assessment reduction program approved for Park Two and Chanhassen Lakes Business Park 10/5/81, PUD approved #81-1 10/5/81, Property rezoned to P-3, Planned Community Development District, from R 1 A, Agricultural Residential District. Potential Uses of Parcel: At part of the vision 2002, this area was looked at as a potential gateway into the downtown area. Though constrained for office or industrial development due to its size, wetland and pond located in the southern portion of the site, and access restriction, the site's location is highly visible from the highway 5 COITidor. E ~', ~ 000 Hoisington Koegler Group Inc. Ms. Kate Aanenson City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 RE: West Entry Landscape and Target Outlot Development August 1, 1994 Dear Ms. Aanenson: As we study the entries to downtown Chanhassen, we realize that the impact of any landscape statement can be greatly enhanced by extending the theme of the entry through .adjacent development. At the west entry (Powers Boulevard and Highway 5), it seems that the landscape of development on the Target outlot could support the entry and create a more significant landscape for the site. The "theme" of this entry is oaks, recalling oaks left near Highway 5 from the development of Target and oaks in the townhome development behind Byerly's. While the concept is to establish a ring of bur oaks around the Powers Boulevard/Highway 5 intersection, additional oaks in new development would further the concept. The developer should consider using Bur Oak (Quercus macrocarpa) as the dominant landscape material. The pattern of planting might also be reconsidered: a less formal arrangement of trees through these sites, grouping trees in clusters rather than straight lines, would further support the landscape theme of the west entry. A copy of the concpet plan for this entry is attached. We are proposing that shrub roses be used in concert with the oaks at the west entry. Shrub roses are more typical of an oak savanna landscape than the shrubs proposed in the plan for the restaurants. While the ground layer is less important, the developer might use these plants to extend the entry landscape through the site. Land Use ~Environmental ' Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 ' (612) 835-9960 · Fax: (612) 835-3160 Ms. Kate Aanenson August 1, 1994 Page 2 It seems that this development could be made to fit a landscape that is significant to Chanhassen, rather than creating its own. If the site employs the materials and patterns of the proposed entry landscape, the results would be more meaningful to the City and the "franchise" look might be less overwhelming. Our work on Vision 2002 might also lend some ideas to the development of this site. A great deal of emphasis has been placed on balancing the auto environment with the needs of pedestrians. In the proposed site plan, there are no pedestrian connections from sidewalks at the street to the individual buildings. This forces pedestrians into the parking areas and drives -- a situation that the plan for Vision 2002 was attempting to resolve. The attached sketch might begin to address this issue. Please call me if you have any questions. Sincerely, Hoisington Koegler Group Inc. Michael Schroeder, RLA ~rER Update Highway 101 Reconstruction 78th Street to Pleasant View Road July 1999 Volume 1 No. 3 hway 101 Public Open House etings Slated ~erable time has gone by since the Highway 101 Design Study (West .~treet to Pleasant View Road) began. Progress has been slow, as nd County staff and engineers wrestle with the need to provide an red facility that can accommodate existing and future travel ids, while minimizing adverse impacts on the abutting properties the corridor. The challenge is a difficult one considering the cord- complex character: 'ow existing roadway lerous existing homes and driveways ,p slopes ~re vegetation 'ting sight distance problems r drainage lands ired Right-of-Way ~ direction of the City Councils of Chanhassen and Eden Prairie, the n Team (engineering staffs of the two cities and Hennepin and Carver ties, and an engineering consultant) have been carefully considering ]nceptual design alternatives for the roadway. The alternatives range an overlay (repaying) of the existing roadway with the addition of a ;trian/bicycle trail on one side, to a four-lane divided roadway with a median and turn lanes at intersecting streets. ~lic Open Houses c Open Houses have been scheduled in each affected community 1 Prairie and Chanhassen) to present the alternatives that have been ed and to receive comments and feedback from area residents. On ember 28, a Public Open House will be held at the Chanhassen eation Center, and on September 29, another Public Open House w. ill eld at the Eden Prairie City Center. Addresses of and directions to ,, meeting places are given on the reverse side of this newsletter. The format and information presented at both Open Houses will be the same, as follows: 5:30 - 7:00 p.m. Open House - Residents can view the various Conceptual Design Alternatives and ask indi- vidual questions. 7:00 p.m. Formal presentation and comparison of alternatives. 7:45 - 8:30 p.m. Questions to Design Team. 8:30 - 9:30 p.m. Open House (continued) - As above. Open Houses, continued on back ~^!JC] a!J!eJcl O09L s~lJON~ qlqnd jo ~,USLupedac] ~uno9 u!d~uuaH 666L '6g JaqLua~da$ 666L 'Sg JaqLua~,da$ sm, eo pue suo!$eoo-I esnoH ued0 LOL Ae~q6!H qoeluoo '/[phis iO i ,4e/Hq§!H aql uo uo!leUUOlU! a,/ou./ oq], jo sloeduJ! o!J!oods ssnos!p pue SUeld/~JeU!LU!loJd ],ussoJd 01 plaq oq II!~ sosnoq uodo JO SfiU!laOLU o!lqnd leUOi]!ppe 'UoBonJ],suoo Jo,t suqd pol!e~,op ,to uop, eJedoJd q],!~ ~u!poeooJd oJOjO8 's!s/~leue ],oedLu! POlim, op pue ],uouJdolo^op JOq]Jnj Jo,t ~o ouo o], po~oJJeU oq II!~ uo!]eJoplsuoo Japun SOA!]eUJO]Ie ,tO JOqLUnU oq] ')toeqpoq ~eq], uo pose8 'Sl!Ouno3 X],!3 oq], o], poa,],!Luqns pue pazpeuJuJns oq I1!~ sfiup, aouJ pooqJoqqfilou pub sosnoH uado o!lqnd oql ie pOAIOOoJ S],UOUJLUOO pu~ ~toeqpooJ Oql CONSULTING GROUP, INC. Transportation · Civil · Structural · Environmental · Planning · Traffic · Landscape Architecture · Parking MEETING MINUTES HIGHWAY 101 PROJECT PROJECT MANAGEMENT TEAM MEETING June 25, 1999 Location: Attendees: Chanhassen City Hall Jim Grube, Hennepin County Anita Benson, City of Chanhassen Craig Twinem, Hennepin County Gene Dietz, City of Eden Prairie Rod Rue, City of Eden Prairie Roger Gustafson, Carver County David Juliff, SRF Consulting Group, Inc. Tim Phenow, SRF Consulting Group, Inc. CITY OF CHANH~S~,~ JUL 2 7 7999 ENGINEERING DF. PT, From: David Juliff, P.E. Associate Date: July 21, i999 A meeting of the Project Management Team for the Highway 101 Turnback Project (Trunk Highway 5 to Pleasantview Road) was held on June 25, 1999 at the Chanhassen City Hall. The meeting was held to discuss the schedule and content for the Public Open Houses, as well as the potential distribution of the next newsletter. OPEN HOUSE Anita indicated that the Chanhassen City Council is now ready to proceed with the Public Meetings as long as the jurisdictional ownership is clear to the public. Meetings are expected to proceed as discussed previously, with the first public meetings to be held for corridor residents in the respective cities (those who have previously received newsletters) as soon as possible. At the first meetings, the opportunity is to be made available to residents to have "neighborhood association meetings" to give residents an opportunity to discuss the issues on a more personal basis, and then follow up with a second corridor resident open house (similar to the first open house). Later, a citywide open house is expected to be held to allow comments from anyone wishing to attend. Anita also indicated that the meeting minutes for the Chanhassen Open Houses will be verbatim. A summary of the meeting will be sent out as a mailing, while the verbatim minutes will be part of the official record. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (612) 475-0010 · Fax (612) 475-2429 · http://www, srfconsulting.com An Equal Opportunity Employer Highway 101 Project Meeting Minutes - 2 - July 21, 1999 The format for the meetings will be as discussed previously. There were some revisions requested to the agendas that were prepared by SRF in April. Those revisions have been incorporated in the attached revised agendas for the Open Houses to be held in August or September. It is likely that the Mayor of the host city will be the moderator for the Open House and will make the opening and closing remarks. Anita and Roger will give brief project overview and discussion of the corridor as it relates to the community and the region (traffic, functional classification, funding, jurisdictional ownership, etc.) for the Chanhassen Open House, while Gene and Jim will handle these duties for the Eden Prairie Open House. SRF will present the various alternatives and typical sections to the public, including discussion of the matrix, accident data (further research necessary by SRF), and the environmental documentation process. Following the presentation, the panel members will take questions and comments. The formal presentation will be concluded with comments pertaining to the next steps that need to be taken based on the concerns of the residents. The evening will then wind down with an additional 60 minutes of Open House. SRF agreed to prepare distribution packets to the Open House attendees consisting of an agenda, comment cards, matrix of alternatives, typical sections and brief history and need for project (assumptions and options). Anita indicated that at the TH 212 Open Houses, MnDOT presented a chart that compared various types of noises and the decibel ranges associated with them. She said that she would attempt to obtain a copy of the chart for the meeting. There was considerable discussion regarding the dates for the public Open Houses. Meetings were tentatively scheduled for September 14th in Chanhassen, September 15th in Eden Prairie with September 16th as an alternate date. In addition, August 24, 25 and 26 were selected as alternative dates in case there were schedule conflicts. There was not a great deal of support for the August dates as many in attendance felt that these dates are near the end of the summer and might conflict with resident vacations. NEWSLETTER It is anticipated that the newsletter would be sent out at least 3 to 4 weeks prior to the public meetings. SRF asked that comments on the newsletter be sent to SRF no later than July 2, 1999 to allow SRF staff to make any necessary revisions and have delivery by mid-July. SRF will send appropriate number of copies to each municipality for mailing labels and delivery. SRF will also indicate in the newsletter that an attempt was made to schedule meetings in early to mid-August, but decided to delay meetings to avoid conflicts with resident's vacations. It was also recommended that if the newsletter is mailed in July and meetings do not occur until mid to late September, a postcard should be sent out reminding residents of the meeting. Highway 101 Project Meeting Minutes - 3 - July 21, 1999 OTHER Anita noted that the City of Chanhassen's new City Manager is Scott Botcher, and that all meeting notices and minutes be sent to him. The above represents SRF Consulting Group's interpretation of the Project Management Team Meeting held on June 25, 1999. If there is anything that has been misrepresented in these minutes, please contact us at your earliest convenience so that the information can be corrected. DJ/sk CC: Scott Botcher, City of Chanhassen Bruce Polaczyk, Hennepin County \\SRF~VOL 1 \CIVIL\008X2786\WORD\OPENHOUSE-II.doc HIGHWAY 101 RECONSTRUCTION PROJECT (WEST 78TM STREET TO TOWN LINE ROAD) PUBLIC INFORMATIONAL MEETING CITY OF CHANHASSEN September 28, 1999 5:30 P.M. TO 9:30 P.M. AGENDA I. OPEN HOUSE (5:30 P.M. TO 7:00 P.M.) II. WELCOME (7:00 P.M.) MAYOR OF CHANHASSEN - NANCY MANCINO III. PROJECT OVERVIEW ROGER GUSTAFSON - CARVER COUNTY HIGHWAY ENGINEER ANITA BENSON - CITY ENGINEER - CHANHASSEN IV. HIGHWAY 101 ALTERNATIVES AND ENVIRONMENTAL PROCESS PRESENTATION DAVID JULIFF ~ SRF CONSULTING GROUP, INC. V. QUESTIONS AND COMMENTS TO PANEL MEMBERS AND RESPONSES ROGER GUSTAFSON - CARVER COUNTY ENGINEER ANITA BENSON - CITY ENGINEER - CHANHASSEN JIM GRUBE - HENNEPIN COUNTY TRANSPORTATION DEPARTMENT DIRECTOR GENE DIETZ - PUBLIC WORKS DIRECTOR - EDEN PRAIRIE TIM PHENOW ~ SRF CONSULTING GROUP, INC. DAVID JULIFF - SRF CONSULTING GROUP, INC. VI. DISCUSSION OF NEXT STEPS VII. OPEN HOUSE (APPROXIMATELY 8:30 P.M. TO 9:30 P.M.) \\SRFWOL l\CIVIL\008k2786\WORD\OPENHOUSE-II.doc HIGHWAY 101 RECONSTRUCTION PROJECT (WEST 78TM STREET TO TOWN LINE ROAD) PUBLIC INFORMATIONAL MEETING CITY OF EDEN PRAIRIE September 29, 1999 5:30 P.M. TO 9:30 P.M. AGENDA I. OPEN HOUSE (5:30 P.M. TO 7:00 P.M.) II. WELCOME (7:00 P.M.) MAYOR OF EDEN PRAIRIE - DR. JEAN HARRIS III. PROJECT OVERVIEW JIM GRUBE - HENNEPIN COUNTY TRANSPORTATION DEPARTMENT DIRECTOR GENE DIETZ - PUBLIC WORKS DIRECTOR - EDEN PRAIRIE IV. HIGHWAY 101 ALTERNATIVES AND ENVIRONMENTAL PROCESS PRESENTATION DAVID JULIFF - SRF CONSULTING GROUP, INC. V. QUESTIONS AND COMMENTS TO PANEL MEMBERS AND RESPONSES JIM GRUBE - HENNEPIN COUNTY TRANSPORTATION DEPARTMENT DIRECTOR GENE DIETZ - PUBLIC WORKS DIRECTOR - EDEN PRAIRIE ROGER GUSTAFSON - CARVER COUNTY ENGINEER ANITA BENSON - CITY ENGINEER - CHANHASSEN TIM PHENOW - SRF CONSULTING GROUP, INC. DAVID JULIFF - SRF CONSULTING GROUP, INC. VI. DISCUSSION OF NEXT STEPS VII. OPEN HOUSE (APPROXIMATELY 8:30 P.M. TO 9:30 P.M.) 1999 2000 2001 2002 2003 BIDDING FOR SERVICES Banking Services, City Attorney, Bonding Auditor, Insurance Banking (for 2002) Attorney (for 2003), Bonding (for 2003) Auditor (for 2004), Insurance (for 2004) g:\admin\tg\bidding service.doc AS CONCERNED SENIOR CITIZENS OF CHANHASSEN, WE FEEL THERE IS A-~. RAPIDLY GROWING NEED FOR AN ASSISTED LIVING FACILITY IN AND WE ENCOURAGE THE CITY TO PROMOTE IT. -3- Petition cont'inuation / ADDRESS AS CONCERNED SENIOR CITIZENS OF CHANHASSEN, WE FEEL THERE IS A~ RAPIDLY GROWING NEED FOR AN ASSISTED LIVING FACILITY IN OUR CITY AND WE ENCOURAGE THE CITY TO PROMOTE IT. As concemea cmzens of Chanhassen, we feel there is a rapidly growing need for an assisted living facility in our city and we encourage the City to promote it. NAME ADDRESS ) t lq -t AS CONCERNED SENIOR CITIZENS OF CHANHASSEN, WE 'FEEL THERE IS A RAPIDLY GROWING NEED FOR AN ASSISSTE~ Petition continu~ttion wg edeouet~- ADDRESS '¥As CONCERNED SENXOR CITIZE~"O~, CHm~HAssE~,:~E~:FEEL RAPIDLY GROWING NEED FOR .~ ASSISTED ~LIVING'~:FACILITY IN OUR CITY ~ ~D WE ENCOURAGE THE CITY T0~pROMOTE'IT. -_ - · ' ~ - - ~ ..... // ' ,::::'~-:": '4: ..... '"'-:': · '.', ;::?:~: :~:;,~-':~ , · : , · ' .... ' '. ,",>.'a'~?=~:..'~.~-:,~:':':' ' .- ~.~;~'~.~>'r<~ ,,, ,,' .... AS CONCERNED SENIOR CITIZENS OF CHANHASSEN, WE FEEL THERE IS A RAPIDLY GROWING NEED FOR AN 'ASSISTED LIVING FACILITY IN OUR CITY AND WE ENCOURAGE THE CITY TO PROMOTE IT. '45 COUCERNED SENIOR CITIZENS OF CHANHASSEN, WE FEEL THERE IS A ~aPIDLY GROWING NEED FOR ANi~ASSISTED LIVING FACILITY IN OUR CITY AND WE ENCOURAGE THE CITY TO PROMOTE IT. '~ PetitiOn continuation -3- AS CONCERNED SENIOR CITIZENS OF CHANHASSEN, WE FEEL THERE IS A' RAPIDLY GROWING NEED FOR AN ASSISTED LIVING FACILITY IN OUR CITY AND WE ENCOURAGE THE CITY TO PROMOTE IT. Petition continuation -3- Petition continuation -2- NAME ADDRESS Petition continuation -5- NAME ADDRESS /f AS CONCERNED SENIOR-CITI~. S OF'iCHANHASSEN'?.ii. WE :FEEL THERE IS A RAPIDLY GROWING i~iNEED· FOR.~i~AN ASSISTED~'LIVING.~.FACILITY. IN OUR CITY AND WE ENCOURAGE THE 'CIT¥/T0 'PRoMOTE?IT~iii,~";.'~".~/'"i~!. ~ ' '" i . Mon Mon Mon Mon Mon Mon Tues Tues Tues Tues Weds Weds Weds Thurs Thurs Fri Sat Sat Sun Jul 19 6:45 AM Jul 19 12:22 PM Jul 19 2:01 PM Jul 19 2:03 PM Jul 19 2:13 PM Jul 19 4:17 PM Jul 20 6:57 AM Jul 20 8:23 AM Jul 20 10:51 PM Jul29 10:56 PM Jul 21 2:14 PM Jul 21 2:24 PM Jul2l 7:09PM Jul 22 12:27 PM Jul 22 4:37 PM Jul 23 2:58 PM Jul 24 6:58 PM Jul 24 8:57 PM Jul 25 5:41 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF JULY 19, - JULY 25, 1999 Erie Avenue Highway 5 & Highway 41 Mission Hills Drive Deerbrook Drive Sierra Court Arboretum Boulevard Crocus Court Crocus Court North Bay Drive Sunnyvale Drive Market Boulevard West 96th Street West 78th Street Audubon Road West 78th Street Lake Lucy Road & Yosemite Foxford Road West 78th Street Valley View Place Stove fire Car accident with injuries Medical - severe headache Smoke in the house Boat leaking gas.. Possible grass fire - unfounded, controlled burn Medical - trouble breathing Medical - trouble breathing Medical - severe abdominal pain Medical - person feeling ill Medical - person choking Check controlled burn Medical - allergic reaction Fire alarm - false alarm, no fire Medical - chest pains Check smoke in the area - unfounded Medical - person fell Medical - heat exhaustion Fire alarm - false alarm, no fire Mon Mon Mort Tues Tues Tues Weds Weds Thurs Thui's Thurs Fri Fri Fri Sat Sun Sun Sun Jul 26 9:45 AM Jul 26 10:47 AM Jul 26 .~:o.~" "~ PM Jul 27 1:26 AM Jul 27 4:42 PM Jul 27 10:57 PM Jul28 8:16 AM Jul28 6:04 PM Jul 29. 1:55PM Jul 29 5:14 PM Jul 29 5:19 PM Jul 30 7:14 AM Jul30 1'14PM Jul30 6:00 PM Jul31 8:36 AM Aug I 9:01 AM Augl 9:10AM .~..~ 3 PM Aug I .... CITY OF CHANHASSEN FIRE/RESCUE WEEK OF JULY 26, - AUGUST 1, 1999 Lyman Boulevard B luff Creek Drive Lake Ann Park Audubon Road Santa Vera Drive Highway 101 & Pioneer Trail Market Boulevard Highway 7 & Highway 41 Flying Cloud Drive Arboretum Boulevard Lake Ann Park Highway 5 & Galpin Boulevard West 78th Street Arboretum Drive Kingfisher Court West 78th Street Great Plains Boulevard & Market Blvd Medical - bicycle accident Medical - high fever Missing swimmer - unfounded Medical - cancelled enroute Medical - person needing assistance Car accident - cancelled, no injuries Medical - cut arm Brush fire - unfounded Medical - cancelled enroute Fire alarm - fatse alarm, no fire Missing swimmer - cancelled, unfounded Car accident - cancelled enroute, no injuries Medical - chest pains Stand by - weather watch Medical - allergic reaction Medical - person fell Medical - allergic reaction Medical - bicycle accident Septic System Information An Important Update from the City of Chanhassen lly 26, 1999 ear Resident: he City of Chanhassen has amended Chapter 19, Article IV of the Chanhassen City Code >nceming Individual Sanitary Sewage Treatment Systems. The amendment requires septic 7stems to be maintained and/or inspected at least once every three years. This amendment 'as adopted in response to the requirement in the Minnesota Pollution Control Agency's :w rules for individual sewage treatment systems. The new rules were developed out of )ncern that septic systems may be polluting the states groundwater. ystem owners are now required to have their septic tank or tanks properly cleaned and ~aintained at least once every three years. This must be done by a licensed septic pumper. ccess manholes must be provided to Pump and clean the tank(s) and if not available they - mst be installed. Pumpers are required to report the findings to the City. A list of licensed ampers is available at City Hall and can also be found at the MPCA website: http:// ww. pca. state, mn. us/w ate r/is ts. html he new rules also state that no additions, enlargements, improvements or remodeling tvolving 50% or more of the structure, or alterations that would affect the water use such bedrooms, bathrooms, or additions to living space shall be allowed until the sewage eatment system has been determined to be both adequate and conforming. A compliance ~port provided by a licensed inspector is required to determine compliance. order to assure that the City has correct information on your system, please com- pete and return the enclosed Maintenance Report. Once the City has received the .formation, we will send you a reminder on when next service or inspection is due. >ur cooperation in this matter is greatly appreciated. If you have any questions, please ~ntact Steve Torell at 937-1900 ext. 115, or Randy Debner at 937-1900 ext. 138. Maintenance Report mail-back form and postage paid return envelope How much do you know about septic systems? What you don't know can hurt you! How to get your FREE Septic System Information Packet Septic system safety checklist How much do you know about septic systems? What you don't know can hurt you! Did you know... inadequately treated sewage can carry bacteria, viruses, and other disease causing pathogens? Did yon know... high nitrate levels in water ingested by infants can affect the ability of their blood to carry oxygen? Did you know... a septic system that fails to treat sewage can leach nutrients and bacteria into nearby lakes? Did you know... approximately 13 percent of Chanhass, homes use septic systems to treat wast That equals about 500 septic systems i' all! Treating sewage is everyone's responsibility. Many urban and suburban residents have their sewage treated at municipal treatment plants. Costs of these services are covered by taxes, assessments, and direct charges. Other homeowners have onsite septic sys- tems and in effect manage their own mini-sewage treatment plant. On-site septic systems when properly designed, installed, operated and maintained will treat sewage effectively. However, a failing septic system can be more than an annoyance; it can be a health hazard and a threat to the environment. Inadequate treatment of wastewater allows bacteria, viruses and other disease-causing pathogens to enter ground and surface water. Consumption or contact with this wastewater is unhealthy for human, pets and other wildlife. Flies and mosquitos that breed in wet areas may add to the health risk if they spread the pathogens in which they have come into contact. A failing septic system allows excess nutrients to enter nearby lakes and streams. The influx of nutri- ents promotes excessive algae and weed growth and can result in fish kills when decaying plant material uses the oxygen that fish need to survive. What is even more more dangerous is that even systems that appear to be working well or that are in compliance with local design and installation codes may allow nutrients or bacteria to reach ground or surface water. The City of Chanhassen in conjunction with Carver County is in the process of implementing a three yea inspection program for existing septic systems. Thi requirement is mandated by the Minnesota Pollution Control Agency. The purpose of this inspection is tc ensure septic systems are maintained and in compli- ance with the City ordinance concerning individual sanitary sewage treatment systems. Septic System Safety Checklist from the' Septic System Owner's Guide / I(EEP A Never enter the septic tank. The tank has a manhole for cleaning and inspection from the outside only. The tank contains very little oxygen and has high levels of hydrogen sulfide, methane, carbon dioxide, and other life-threatening gases. Never use electrical lights, appliances, or tools in or near to the water or wet ground near septic tank or drainfield. This can result in explosion or electrical shock. Always remember that the liquid and solid contents of the septic system are capable of causing infectious diseases. After working on any part of the septic system, always wash hands thoroughly before eating, drinking, or smoking. Change clothes before coming into contact with food or other people. Keep vehicles and other heavy equipment away from the septic system. The tank and oth components may collapse due to weakness from the corrosion. Never smoke near septic tank openings. Gases such as methane that may be present are potentially combustible. Keep children and other spectators away from the septic system when it is being cleaned excavated. If there is a smell of sewer gases in your home, immediately call a plumber or other qualif person to identify the source and correct it. If the gas smell is very strong, evacuate the building until the problem is corrected and the gases are removed. lllllllllllllllllllllllllllllllllllllllll Ihe City of Chanhassen is offering you a Septic System Owner's Guide FREE OF CHARGE! This helpful guide includes information on how various types of septic systems function, how t( clean and maintain your system, and how to save money on septic additives. Pick yours up at Chanhassen City Hall today! Free FRSE Ilillllllillillllllllllllllllllllllllllli ON-SITE SEWAGE SYSTEM MAINTENANCE REPORT PLEASE COMPLETE IN FULL AND MAIL OR FAX TO 612-934-2524 BY AUGUST 3 I, 1999 OWNER'S NAME: OCCUPANT' S NAME: (if different from owner's) ADDRESS: PHONE NUMBER: TODAY'S DATE: DATE OF INITIAL INSTALLATION: (i f known) DATE OF MOST RECENT PUMPING: NAME OF FIRM WHO PUMPED TANK: PLEASE SUBMIT ANY SUPPORTING DOCUMENTATION (pumping receipt, compliance report, etc.) OWNER'S/OCCUPANT'S SIGNATURE