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Worksession II CITY OF 4, ill .„. 1 ,4 , .„'z Ay` ` CHANHASSENfii 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: Don Ashworth, City Manager I FROM: Paul Krauss, Planning Director T p ei6 Gary Warren, City Engineer IDATE: April 26, 1990 SUBJ: Discussion of Policy Options for Providing Access to I Single Family Lots Whose Sole Means of Access is an Undeveloped Public Right-of-Way 1 BACKGROUND In several areas of the City there are undeveloped lots located on I public right-of-way that has never been improved or accepted as street by the City. For the most part, the situation occurs in areas like Carver Beach which were developed prior to the adoption I of formal subdivision controls and procedures. As land values continue to rise, individuals are assembling and/or gaining control of these parcels and attempting to develop them. At the present I time, City staff is dealing with at least two of these situations and we believe that additional requests are likely. In one case, the application by Francis Trinka on Lots 1083-89 in Carver Beach, variances for lot area and depth are required since staff believes I the lot is not grandfathered since, although the parcels existed prior to the date of ordinance adoption, they have only recently been assembled. This variance request was heard by the Board of I Adjustments on Monday, April 23 (report attached) . In the other case, a pending proposal by Curt Bjorlin (refer to attached map) it is not yet clear that variances will be required. IThere are non-access issues with each proposal pertaining to drainage, provision of utilities, etc. , but these are not relevant to the current discussion. Provision of access is the primary Iissue considered in this report. In the first instance, access would be gained by the undeveloped I Laredo (Park Drive) right-of-way. This access would serve only the one homesite being proposed. It is not possible to construct a street to current standards or provide a cul-de-sac and I I Mayor and City Council April 26, 1990 ' Page 2 construction of a public street would impact other homes in the area. In the second case, the two new homesites being considered would gain access from the undeveloped connection of Lone Eagle Drive 1 extending to Yuma Drive. In this case it is possible to extend the public street although grade and width would need variances from current standards. Staff believes there is some benefit to extending Lone Eagle. The street at present has no legitimate 1 turnaround area and we have been informed that the street connection was in fact in place many years ago, but was removed for some unknown reason. On the other hand, construction of the street ' would impact approximately 3 existing homes since it would run through what appears to visually, if not legally, is rear yard area. In the past, the City has had no consistent policy with regard to the use of public right-of-way for construction of a private driveway. We are aware that several such situations exist without ' any formal action by the City. In recent years, staff has indicated that lots served solely by this method are unbuildable. We do not believe this is based on any ordinance, but rather was an 1 attempt by former staff to limit future problems. In fact, the subdivision ordinance states that new platted lots must have access on a public right-of-way that is improved. The ordinance was recently amended to allow access by approved private drives, however, the new ordinance does not deal with the placement of these driveways in undeveloped public right-of-way. Staff is seeking the City Council's direction on how to proceed with these requests. We have proposed alternatives for your discussion and review. Some of the alternatives could be combined ' to create an effective strategy. ALTERNATIVES 1. Require all lots to have access to an improved public right- of-way or approved private driveway constructed on private property. This would require an ordinance amendment and would also make the homesites proposed under both requests unbuildable. The City Attorney could provide detailed advice on the possibility of this constituting a taking, but staff ' has gone on record indicating that we believe this would be an acceptable disposition of the property. The lots could be added to any one of a number of surrounding parcels to increase their yard areas. On the other hand, the parcels ' would remain undeveloped with little contribution to the tax rolls. 1 1 I Mayor and City Council April 26, 1990 Page 3 2. Vacate all undeveloped dedicated right-of-way for which there appears to be no public purpose. In the case of Carver Beach, the plat map often indicates that vacation has occurred, but a check of county records indicates otherwise. Easements could be maintained for utilities as needed. This could alter the construction of private driveways on private property, however, in the two cases cited, the homesites would be landlocked since frontage on an improved street is likely to revert to other parcels. ' 3. The City could establish a permit procedure allowing the private use of public right-of-way subject to certain ' restrictions. A copy of a proposed permit agreement is attached. The City would be in a position to establish driveway design standards. The property owner would not have exclusive use of the right-of-way or driveway. If another i homesite was created in the future, it could share the driveway. The owner would be required to maintain liability coverage to protect the City in the event of an accident in the public right-of-way. The permit would be filed against the property and all future owners would be subject to its provisions. Any such permit procedure would need to be carefully worded. There should be no implication that the City would accept the use of private driveways in public right-of-way in lieu of street construction for new plats unless it is concluded the street construction is infeasible ' due to local conditions. The City Attorney reviewed the document and has raised ' questions regarding the long term viability of the liability coverage requirement. He points out that the city may have little recourse if an owner refuses to maintain it in 10 or 15 years. The potential of having this sort of permit raises a larger question. The city does not currently have a driveway ' ordinance. Many communities establish requirements on driveway paving, location relative to street curves or intersections, ability to have looped driveways, acceptable ' driveway grade, etc. If this alternative is to be explored, we believe it may be useful to do it in the context of a comprehensive driveway ordinance. ' SUMMARY We do not believe that any one approach will work 100% of the time since these issues appear to be highly variable. There may also be alternatives we have not yet thought of that warrant discussion. Staff is seeking the City Council's guidance. . CITY 0 F BOA DATE: 4/23 _� P . LHAg�ta� CC DATE: 4/23 1 CASE #: 90-1 VAR I - STAFF REPORT il PROPOSAL: Variance to the Lot Area and Lot Depth Requirements to II Construct a Single Family Residence I Z 1 Q LOCATION: North of Yuma Drive and Carver Beach Road Intersection Lots 1083-1089, Carver Beach APPLICANT: Francis Trinka Dan Castonguay I 11. 10670 N. Shore Rd. 6101 Beard Ave. N. , Apt.3 Waconia, MN 55387 Brooklyn Center, MN 55429 1 I ' . I PRESENT ZONING: RSF, Residential Single Family Pam by Mt,: A.4,,,-^tndot ACREAGE: 14,000 square feet ems: ✓mfr I DENSITY: - N/A M;;1 .. _ -- Re'.s- ADJACENT ZONING AND " `.�f-( 1:8— LAND USE: N - RSF; single family D"`,:,.:5-...:.. - ". '""" "'z?. S - RSF; single family Detc s:-. •.v`ti to Gouncil y-a3 yo I t4tt E - RSF; single family W - RSF; single family . 11 it5 WATER AND SEWER: Proposed to be extended from Carver Beach W Road. IPHYSICAL CHARACTER. : Vacant. The site is heavily wooded and contains a number of mature trees. The I site slopes toward the west. The lots front on an undeveloped ROW. 2000 LAND USE PLAN: Low Density Residential I ' , V 114, 1 A / ' 1 i ♦ ♦ AtIII VVVIN1 1 � raja air LAKE Alt- Y' I- ' • '•uri"tov ax., ( 0 VIAIL-i:`-' 107(1'- I 1WINII!",:■-• ii.iiiiir rd II —R OW':v-- - ...... • T RAPL NE EN,- map wir CIRCLE -4 q:1 -6 I 11,1 Iffi 1 1 \t, -44 ..„ _ _Tag.jitzia, _AI : II ailL044‘ 111‘114,4„,,,la ..,. tatilir/9 -9 jr, ir''''ilr4 mow �,;,� -.,gyp ,,, r•` li:.1,..' 1140� ("\,- f • .n 1 it• - Alow40.• -z,a, . mirr N"..•�.�Ni• 1677! rorAiL i ± A I iEititaPl at■■■■■��■■w♦ �• ' .; \ , COURT *. 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F .' .1 �1 ' .r Cr:: .rc 1 R 1 - or- -r. .1. :.; 5,. i� W Mr_ �►, AZ,, � - _ _ i1- III 141 �111V.11 !'1:;•I::111 1 ill 4 NMI 111.1■F- 1 19 Iiii ,�.� r9 pm', ■ 11111 1111111 _ is :111 ID Trinka Variance I April 23, 1990 Page 2 PROPOSAL The applicant has acquired 7 lots in Carver Beach, each having a dimension of 20 feet by 100 feet which gives it a total area of 14,000 square feet. The lot depth is 100 feet and the lot width is 140 feet. The parcels are under two separate property identification numbers with total area below the 15,000 square foot minimum requirement of the zoning ordinance. The applicant is proposing to merge the two separate parcels into one lot. I The zoning ordinance requires 15,000 square foot lots with 125 foot of depth. The proposed new lot will not meet either of these standards resulting in the need for two variances. The ordinance does provide an exception for lots of record existing prior to the date of ordinance adoption and this has frequently been applied in the Carver Beach. It allows lots to be buildable if they meet 75% of the current standard or 11,250 square feet of area and 94 foot of depth. The new lot could comply with this reduced standard but we do not it is believe it is eligible to be grandfathered since, although the underlying lots predate the ordinance, the newly assembled one does not. Staff is reviewing this variance in two different manners. Under existing hardship criteria, we tend to believe that this is a self created situation that is in our opinion not worthy of a variance. We make this statement due to the fact that the lots have been assembled by an individual who is fully aware of current ordinance requirements. There are additional undeveloped lots located adjacent to this parcel which could theoretically provide sufficient lot area if they were also combined. It is then incumbent upon us to determine whether or not these parcels have some legitimate use if they are not to be acceptable as a building site. We note that the platting done in the Carver Beach area is an archaic form of subdivision that was often used in the 1910's and 1920's whereby individuals could purchase as many tiny lots as they felt they needed to assemble into an acceptable home site. Unfortunately, it often left remnant lot situations which communities like ours and neighborhoods like this must deal with many years hence. We also note that the lots appear to have gone tax forfeit in the past. While a denial would prevent a home from being built on these lots, we note that they could still be combined with any one of a number of lots that surround them to become enlarged yard areas. This may not offer the highest return for the land but it is still a use. Staff has presented a draft ordinance revision to the Planning Commission, Board of Adjustments and City Council that would have the effect of modifying the findings of fact required for variances. We are not proposing to use the draft ordinance in place of current code, however, in this instance we believe that the proposed revised findings provide valid information to consider even under the current ordinance. Staff reviewed this lot proposal and variance request relative to other lots in the area. We reviewed it against lots located on the same block as the subject site and lots located within 500 feet of the property. While we found ample examples to support the lot depth variance, we could Trinka Variance April 23, 1990 Page 3 find no supporting evidence for the lot area variance. We note that all of the home sites located on the block containing the site are located on lots exceeding 15,000 square feet. Furthermore, we found that within 500 feet, the average lot size in this neighborhood is actually over 16,000 square feet although the size of lots ranges from 9800 to 24,000 square feet. Therefore, we have concluded that there is no precedent in the immediate area for lots below 15,000 square feet. We fail to see the rationale for creating a new precedent. There are several other issues that warrant discussion relative to this proposal. Access is a significant concern. The parcel fronts on an undeveloped public right-of-way. It is illustrated as being vacated on county plat maps, however, further investigation indicates that this has not been done. City ordinances require lots to have frontage on public ROW's but at the present time they do not require that a lot have frontage on an improved public ROW. Thus, we must confront the question of private use of a public ROW. In the past, the city has had no formal policy or ordinance ' regulating this activity. Other communities utilize a permit procedure to allow this use to occur. The permit could set design standards for the driveway, require that there be an _acknowledgement that anybody that reasonably needs to, could use the driveway after it is constructed, as well as requiring the maintenance of liability coverage to protect the city in the event of an accident. Other alternatives that could be considered in this case include the requiring of installation of a city street. Since it appears as though this street would only serve one lot and would impact existing homes and it does not appear to be an appropriate location for a cul-de-sac, we do not believe this is a valid approach in this case. The third option could be the vacation of the undeveloped ROW, however, in the case of the subject site, it is located in such a way that vacation of the ROW would leave it landlocked. Staff is proposing to address this matter in a position paper for discussion by the City Council in early May. We would be asking the Council for direction as to what ' sort of policy should be enacted. Given this concern, we would ask that if the Board of Adjustments determines that the variance request warrants approval that they continue action on this matter ' until such time that we are able to resolve the access question. In an attached memo by the Sr. Engineering Technician, he notes ' that there are conditions relative to provision of utility service to the site. If the Board of Adjustments determines that the variance warrants approval, we would ask that these conditions be included as a requirement of approval. ' The Board of Adjustments shall not recommend and the Council shall not grant a variance unless they find the following facts: 1. That the literal enforcement of this chapter would cause undue hardship and practical difficulty. t Undue hardship means the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. The site in question Trinka Variance I April 23, 1990 Page 4 was developed under an archaic subdivision that allowed individual property owners whatever sized lots they deemed necessary for their homesite. What is left at this point in time are those remnants that were never included into building lots for whatever reason. In some respects, one could say that a reasonable use would be to contain a homesite and staff does not deny that a home could reasonably be developed on a 14,000 square foot lot. However, in light of the underlying plat and findings concerning the surrounding area, we believe that a reasonable use of the property could be construed to be what was probably its original intent and that is that these lots be combined with other homesites and used as I yard area. Thus, while we believe denial of the variance will diminish the value of these parcels, that does not necessarily make them value less. We further note that in terms of establishing the value of use on this property that these parcels appear to have gone tax forfeit in the past. 2. That the hardship is caused by special conditions and I circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to I other lands or structures in the same district. In terms of special conditions and circumstances peculiar 111 to the site, it can be concluded that this is a remnant which are a circumstance of the local development pattern currently which exists. It is also located in the Carver Beach area which is commonly accepted to be one of the neighborhoods where current ordinance standards are difficult to apply. However, in the attached analysis, staff has reviewed lots immediately surrounding the site I and lots within a 500 foot radius of it and concluded that the average lot size in this particular section of Carver Beach actually exceeds ordinance requirements. Therefore, we fail to see the rationale for approving a lot area variance that could be used to set a precedent for future substandard subdivisions. 3. That the granting of the variance is necessary for the I preservation and enjoyment of substantial property rights. The granting of the variance will allow the construction I of house on the property. However, as we noted above, it would not be inappropriate to consider the use of these I lots as means of enlarging existing home sites in the manner in which this subdivision was originally designed. 4. That the special conditions and circumstances are not a consequence of a self-created hardship. The special conditions and circumstances relative to this proposal to a large extent result from previous development decisions made many years ago. There is an element of this being a self created hardship. Lots have 1 Trinka Variance April 23, 1990 Page 5 been assembled by an individual in an attempt to create a homesite. This is not an 'existing lot of record' for which we believe the city would have some responsibility 1 to make it buildable. We note that there are three additional lots located north of the property that are currently undeveloped and possibly could also have been included in the plat to eliminate the lot area variance. 5. That the variance will not be injurious to or adversely affect 1 the health, safety or welfare of the residents of the city or the neighborhood wherein the property is situated and will be in keeping with the spirit of this chapter. Building the home is not going to be injurious or adversely affect the health, safety, or welfare of the residents of the neighborhood, but the private driveway raises an issue of concern. It is being built on a public right-of-way. Should the applicant fail to maintain it or if there were any injuries, the question ' that arises is who would be held liable, the city or the applicant. STAFF RECOMMENDATION Staff recommends the denial of the request for a variance to create a lot with 14,000 square feet and 100 foot of lot depth due to a failure to find sufficient grounds for a hardship finding and since there does not appear to be a precedent for smaller sized lots in this immediate area. If the Board of Adjustments wishes to approve the variance, we would recommend that this item be continued to allow staff to discuss the matter of private use of a public right-of-way with the City Council and get their direction on establishing a policy for dealing with these situations. ' ATTACHMENTS 1. Plan showing areas within 500 feet. ' 2. Memo from Sr. Engineering Technician dated April 17, 1990. 3. Survey of lot. 1 1 i 1 1 .- ..... .A.,,L • 451 • . \\\' ‘0/ •/-/ , . .„\• ./ / ,• ,,, "via • 551111111.11. , ' A-- , • , , / //, s'oe • 4 -0. 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BOX 147• CHANHASSEN, MINNESOTA 55317 I 'M" (612)937-1900• FAX (612) 937-5739 MEMORANDUM I TO: Sharmin Al-Jaff, Planner I FROM: Dave Hempel, Sr. Engineering Technician ,< DATE: April 17, 1990 IISUBJ: Variance Request to Construct a Single-Family Home on Lots 1083 through 1089, Carver Beach File No. 90-10 Land Use Review I The site is densely wooded with a variety of hardwood trees. The 11 terrain is fairly steep, however., is suitable for a walk-out type home. The subject parcel frontS on a City "unimproved" road right-of-way (Laredo Drive) which is also deficient in width (40 feet versus 50 feet) for today's urban street standards but I typical for Carver Beach area. The applicant is proposing a 16-foot wide private driveway over II the City's right-of-way to access the property. As you may recall, the City has currently adopted a private ordinance which could provide guidance here; however, the ordinance does not deal II with the placement of private drives in undeveloped public right-of-way. We have discussed having the use be allowed by City permit where design standards are met. Multiple use of the right-of-way and driveway by other property owners is allowed and II the owner is required to maintain liability coverage to protect the City; however, the City Attorney has questioned the long-term effectiveness of the liability coverage requirement. To eliminate liability potenti 44 oo atgtiona ,are ,available. The II first option is to have the applicant extend the public street versus a private =driveway and provide a temporary -turnaround; however, the costs may sake it financially_unfeasible. Second, II the applicant purchase additional opikt south of the site to provide access and frontage onaing mproved street (Carver Beach Road) . If this scenario was adopted, the existing right-of-way on Laredo could be vacated. II City utility service is not immediately available to the property. City sanitary sewer and water service is proposed to II be extended from Carver Beach Road along the unimproved right-of-way to the property. City ordinance requires the City maintain the water and sewer service from the main line to the II 11 I Sharmin Al-Jaff April 17, 1990 Page 2 shut-off valve (curb box) which is usually located at the property line. In this case, however, the City would be ' responsible for maintaining over 100 feet of service line which is excessive to normal standards. Typically, the City would maintain approximately 25 feet of service line. Therefore, it is recommended that the curb box be relocated to the right-of-way line of Carver Beach Road versus Laredo. The property owner would then be responsible for maintenance from the curb box at Carver Beach Road to the house. A street opening permit will be ' required for the extension of utilities together with a financial security in the amount of $2,500 to guarantee restoration to the roadway. City records indicate this parcel went tax forfeit and the previous sewer and water assessments were deleted. Therefore, if this variance is granted, they will be responsible for a typical ' sewer and water connection charge for the area ($9 ,402.27) . This will be collected at the time of building permit issuance. Recommended Conditions 1 . If the private driveway is granted, the driveway shall be constructed to City standards and subject to a City permit. ' 2. A street opening permit will be required for the extension of utilities together with a financial security in the amount of ' $2 ,500 to guarantee road restoration. 3. The sanitary sewer service shall be extended from the drop ' manhole versus the connection to the main. 4. The property owner will be responsible for typical sewer and water connection charges in the amount of $9,402.27 to be collected at the time of building permit issuance. ktm ' c: Gary Warren, City Engineer I I i 41111 • I 1(1 W rn i!j .1 IIII > ; rCA 1 i 1I . 3l w• QK c a "�r = i _ 4 • ••.gg p0p 0 rS R : ` R{ 1 !$ I a ! L 11 M.'J ' .... N E C '' ; lie y o e H j r =� U f au ir L W• �r n : • � 4. = QQQ g g " w Q? ..E i M• M M N Z r e 1i a .;fit wr.0000 2 17 I: 16 a. si " ; S -0 t :r1 r• I tft € a I 3 s =4 14E ; /ii / • ///41\ 1\\66. 3. ••"/ 1 M y e Cove swan f i „„ ;;s:tr-bMaLVO-*MA 1 1 4 PC; r + ; eh / ............R......../r/P% 7, //it . c-7., —PM ' T ...:P ,a ..,„e 7 ........v........q - k``A . i j k \ ' II I . 1/46,;/ , 4, / ".-t,* .... s1 � .rte + + "PI :Ye 41We .P 4. AI .Y4‘ I / .s i 2 1, la `' ....4, .—,1i . LiM'�"— ... 1 '. •M,....4.4-........• ....A - I .? 346 . , • 13.58 ''' rip...,• • -„tk., •1.... f.I. i. ." IA 3 49 -. *ii 1'11‘ Z 1 •4•••• . .01.J91. 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"4 " .3 -4 '''„ 7, ..._. 7 u 11 111 2!". 11:7, p..1• .....2,-- 'It "'"--"' I's z7 ect"' •11,2 :1 :1 "3% :1, 2 ft rl :ft '1 '4 '4 :: ::..' : ;1.1 ..... t...z.v.tre. .. Ill 76I - ..:::•-..i a-7 i.eg:•ze . - 0. ••, •••••■.4,44‹.44Z, ,• cg .- ..... r46/. 1 6'.1....1.......arama:4 . .i. .;....„..„.. ..:..-..z.,.. . ..,.1„,r...•• .,......: .;;;:•• ,.._• - -.. , -:-1.-*:-...--,'"--.-''''' • . ,:•••••4-..:.$40,44-a:+; Z3C.)R.1-1,i•J 4 W.* 4*, , W4-E....;•:-. .-. 0 lik. I ..„, ... - 1 Alto.) Ler 5 tLE zo Y- t l', C) E44.11: DR.\v E B - 1-5)^'E I 1 eiti Istr,) 5-S-317 .•...% AtiSs E-1•-) , ..„......, .. • ., C..14060 1-c_ 9_/2_ -e 2-2.1 . . . k, :.. k..) `7 .7 c : ,,,t i. Ii•Yk4.-.•:.3* -..‘g.• 47'4- LIIYLI r:u.s,vr, am., • ••• *1;. .. -: lt,t 401 otto CHS A. CAMPBELL, KNUTSON, SCOTT & FU , P. 1 Attorneys at Law Thomas J. Campbell Roger N. Knutson (612) 456-9539 Thomas NI. Scott Facsimile (612) 456-954'_ Gar} G. Fuchs James R. Walston Elliott B. Knetsch Dennis J. Unger t-.iJ April 23, 1990 APR 2 51990 CM OF CHANHASSEN Mr. Paul Krauss Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Street Right-of-Way Dear Paul: You asked for an explanation of the various forms in which the City may own streets and what activities the City may authorize on a street. Unless the City receives a deed for the fee title on which a street is located, the City only has an easement. Platted streets, street right-of-ways created by separate easements documents, and right-of-ways obtained by adverse possession are Iall easements. An easement is "an interest in land in the possession of another which entitles the owner of such interest to a limited use or enjoyment of the land in which the interest exists. " Minneapolis Athletic Club v. Cohler, 177 N.W.2d 786 , 789 (Minn. 1970 ) . A "right-of-way" is an easement for passage over another' s land. Id. When land is dedicated on a plat for a street the public only obtains an easement: It has been the uniform holding of this court that the dedication of land, pursuant to this statute [Minn. Stat. Sec. 505. 01 , plats ] , to the public for streets, alleys, and public grounds, does not pass the fee-simple title thereto, but only such an estate as the purpose of the trust I requires, and that the fee, subject to the public easement, remains in the dedicator and his grantees. Betcher v. Chicago M. & St. P. Ry. Co. , 124 N.W. 1096, 1099 (Minn. I1960 ) . Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 a g g t I 11 Mr. Paul Krauss April 23 , 1990 Page Two 1 The use to which a City can put a street right-of-way is continually expanding. Sewer and gas lines are permissible uses, Ober v. City of Minneapolis, 229 N.W. 794 (Minn. 1930 ) ; sound barriers are permissible, Halussle v. Braum, 314 N.W. 264 (Minn. 1981 ) ; telephone lines are also permissible, Carter v. Northwestern Telephone Exchange Co. , 63 N.W. 111 (Minn. 1985) . ' The City cannot authorize any use of the street by a private person inconsistent with future legitimate use of the street by the City. McQuillan, The Law of Municipal Corporations, 3rd Ed. , Section 30. 52. There are no reported cases on a city allowing use of a "paper street" for a private driveway. A reasonable argument can be made that the City can allow that type of use. The City ' can allow a private driveway over a public sidewalk, for example. Alexander v. City of Owatonna, 24 N.W.2d 244 (Minn. 1946 ) . If someone is injured on a driveway that is on a street easement a claim could, however, be made that the driveway is a street and that the injuries were caused by improper design or maintenance. Very truly y.,urs, ' CAMI -, NUTSON, SCOT & s CHS, P.A. B. : • ' =-er N. Knutson ' RNK:srn Enclosure I 1 11 # . 11 CITY OF CHANHASSEN PERMIT AGREEMENT FOR USE OF CITY RIGHT-OF-WAY ' The City of Chanhassen (the "City") awns certain property in the City of Chanhassen, County, which is legally described as the "Subject Property" on Exhibit "A" attached hereto and made a part hereof. (the "Permit Holder") , awns certain property in the City of Chanhassen, County, legally described as shown on Exhibit "B", attached hereto and made a part hereof (the ' "Permit Holder's Property") . Pursuant to Section 17 of the Chanhassen City Code, the City, by its ' Engineering Department, hereby authorizes the Permit Holder to use the Subject Property in accordance with this agreement. This agreement shall constitute the permit for such use and shall be subject to all of the terms and conditions spe- llcified below. 1. The Subject Property may be used by the Permit Holder solely for the purpose of ' and incidental purposes related to that use for the period of to . The Subject Property must, however, be kept open to public use at all times. If the use is for a fence or retaining wall, a building permit may be required for the construction and must be obtained in addition to this permit. ' 2. The Permit Holder shall maintain the Subject Property in good condition at all times. If the Permit Holder fails to do so, the City may choose to either revoke the permit as outlined in Paragraph 6 below or cause the necessary maintenance or repair to be done, the cost of which will ' be the sole responsibility of the Permit Holder. If the Permit Holder fails to pay the City for those costs, the City may assess the costs against the Permit Holder's property. 3. The Permit Holder is required to obtain a general liability insurance policy naming the City as an insured in an amount not less than $100,000.00 for property damage sustained by any one person, ' $100,000.00 for personal injury to any one person, and $300,000.00 for total injuries and/or damages arising from any one occurrence. If the Permit Holder is required to secure such insurance, a certificate of insurance must be provided to the City at least two (2) weeks prior to the use of the Subject Property. ' 4. The Permit Holder agrees that he/she cannot and will not claim any rights to the Subject Property and that the City is not giving up any of its property rights by issuing this permit. ' 5. The Permit Holder agrees to indemnify the City for any and all liability for personal injuries, property damage, and for loss of life or property resulting from the use of the Subject Property, including access to or from the property, except liability caused solely by the negligence of the City. 1. PERMIT AGREEMENT FOR USE OF CITY RIGHT-OF-WAY Page 2 6. Either party may cancel this Agreement by giving five (5) days notice in writing or by telephone to the other party, except that a permit for a private drieway may be cancelled only by giving 90 days notice. The City through its City Manager may at any time revoke this permit when the continued private use of the Subject Property is causing or likely to cause a nuisance to surrounding property owners or the general public. The Permit Holder may appeal any City staff decision to cancel ' or revoke this Agreement by submitting a written appeal to the City Council. Revocation or cancellation of a permit for a private driveway across an undeveloped street shall not eliminate any right of access to ' the property. After a permit revocation or cancellation, the property owner may petition the Council for construction of a public street if the Council is not already considering a public improvement project. The Council may not deny the property owner access to his property if no other access is available, but may choose the manner in which it is given. ' 7. If the Permit Holder fails to vacate the Subject Property after the permit is revoked or cancelled, the City may cause the removal of any evidence of the Permit Holder's use of the property. The cost of that work shall be paid by the Permit Holder. If the Permit Holder fails to pay the City for those costs, the City may assess the costs against the Permit Holder's property. ' 8. The Permit Holder accepts the Subject Property "as is", and the City makes no warranties regarding the conditions of the property or the suitability of the property for the Permit Holder's purposes. 9. This Agreement contains all of the provisions relating to this Permit and replaces any oral agreements or other negotiations between the ' parties relating to this permit. 10. Any changes to the provisions of this Agreement shall be valid only when placed in writing and signed by all parties. 11. This Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or ' assigns. 1 1 II , 11 PERMIT AGREEMENT FOR USE OF CITY RIGHT-OF-WAY Page 3 CITY OF CHANHASSEN ' Dated: By Donald J. Chmiel, Mayor ' By Don Ashworth, City Manager PERMIT HOLDER: Dated: By STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ' , 19 , by Donald J. Chmiel, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. I Notary Public NOTARY STAMP OR SEAL My Commission Expires: ' STATE OF MINNESOTA ) ss. COUNTY OF ' The foregoing instrument was acknowledged before me this day of , 19 , by ' Notary Public NOTARY STAMP OR SEAL My Commission Expires: DRAFTED BY: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 (612) 937-1900 i 1 .. zzZ - CITY OF II , it :g _ , CHANHASSEN 1 , .„. ii,,,rd ,, .„ ...„. , ,,,-, „ ,,, . ,,,,, ,,s . , ilN" ' '' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ?„ I _ (612) 937-1900 • FAX (612) 937-5739 IMEMORANDUM TO: Mayor and City Council IFROM: Paul Krauss, Planning Director P4-11e-'s ' DATE: April 13, 1990 SUBJ: Traffic Study for the Chanhassen Central Business District I Over the course of several meetings, the need for an in depth, I comprehensive traffic study of Chanhassen's CDB and environs has been made known by both the City Manager and City staff. The study would be used to assess the impacts and need for improvements I resulting from the Target proposal, the Johnson redevelopment proposal, as well as to re-examine the West 78th Street Design Study. I Working from an understanding that we wish to utilize a fresh approach which precludes using Benshoof and Associates and BRW who have both worked in the downtown previously, staff asked the firm I of Strgar-Roscoe-Fausch, Inc. , to prepare a proposal for this study. I have had an opportunity to work with SRF in the past and found them to be a highly reputable firm. As a firm, they are competitive with BRW when it comes to size, professionalism and I scope of services. In addition, it is interesting to note that SRF only works for public sector clients. This sort of policy is useful in the avoidance of any types of conflict of interest I situations where a consultant who works for us would have previously or at some point in the future intends to work for a developer who is making a proposal in front of the City. IA copy of the SRF proposal and scope of services is attached. It is my opinion and the opinion of the City Engineer that this represents an excellent proposal that is focused to respond to the I needs of Chanhassen and the situations that are outlined above. It is therefore our recommendation that the HRA authorize funding for this study so that we may be allowed to proceed. The proposal I calls for an expenditure of $22,790. Given the great number of unknowns in dealing with the CBD and the complexity of traffic issues that are likely to be encountered, staff is recommending I II IIHousing and Redevelopment Authority April 13, 1990 I Page 2 that the HRA authorize the expenditure of up to $27,790 which would I provide a little bit of latitude to adjust the study to meet our specific needs. Staff does not anticipate expending funds over and above the initial $22,790 without returning to the HRA to give you Ian update of what the changes would be. Staff Recommendation I Staff recommends that the HRA authorize the expenditure of up to $27,790 so that the City can retain Strgar-Roscoe-Fausch to undertake a comprehensive traffic study of the Chanhassen central Ibusiness district. I I I I I I I I I I I SCON UL TING TRGAR-ENGINEERS ROSCOE-FAUSCH, INC. S TRANSPORTATION■ CIVIL• STRUCTURAL PARKING■ LAND SURVEYORS ' March 22, 1990 'MAR 2 6 1933 WI DE CHANHASSEN Mr. Gary G. Warren, P.E. Director of Public Works/City Engineer CtTIlOf CHANHASSEN�M ' CITY OF CHANHASSEN 690 Coulter Drive CITY Chanhassen, Minnesota 55317 1�7�� ' RE: PROFESSIONAL SERVICES FOR MAR26 1990 CHANHASSEN BUSINESS DISTRICT TRAFFIC STUDY Dear Mr. Warren: ENGINEERING DEPT. Based on our recent discussions with you and Paul Krauss, we are e pleased to submit this proposal for a study of the traffic impacts and operations for the proposed new developments in the Central Business District area of Chanhassen. This proposal ' details our understanding of the assignment, the proposed scope of services and cost estimates to perform the necessary tasks to complete the project. ' As you know, we have successfully completed a number of very similar projects where the city wants to develop a downtown transportation forecasting framework to determine the impact of ' both current development proposals as well as future land use and street system changes. Also, we believe our current work for the Metropolitan Council to update the regional travel forecasting model assures compatibility with adjacent regional activities as well as reduces the overall cost of this work. Attachment "A", Scope of Services, lists project tasks, estimated ' person hours and resultant costs to complete the project. BASIS OF PAYMENT We would propose to be reimbursed for our services on an hourly basis at a rate of 2.5 times salary cost for the actual time ' expended, for the out-of-pocket expenses (printing, reproduction, etc. ) at cost and for mileage at a rate of $.26 per mile. Invoices would be submitted on a monthly basis for work performed ' during the previous month. The total cost for our services on this project is estimated at ' $22,790. 00 and we will not exceed this figure without your approval. ' Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 Mr. Gary G. Warren, P.E. - 2 - March 22, 1990 1 The estimate of engineering fee provided herein is based on the attached Scope of Services. It is understood that if the scope or the extent of work should be adjusted at any time, the engineering fee will be adjusted accordingly. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization returned to this office will serve as notice to proceed. We will begin the work immediately thereupon and will complete the project within a mutually agreed upon time schedule. ' We sincerely appreciate your consideration and hope that we may look forward to working with you on this project. Please feel free to contact us if additional information regarding the subject is required. Sincerely, ' STRGAR-ROSCOE-FAUSCH, INC. raeA. ifr - --/ipp074/ Peter A. Fausch, P.E. ' Senior Vice President PAF/j al Attachment APPROVED Name Title , Date 1 22-Mar-90 WORK TASKS AND PERSON-HOUR ESTIMATES **ATTACHMENT A** PAGE CLIENT: CITY OF CHANHASSEN CONSULTANT: STRGAR-ROSCOE-FAUSCH, INC. PROJECT: WEST 78TH STREET _ TRAFFIC ASSIGNMENT AND TRAFFIC IMPACT STUDY ***** ESTIMATED PERSON - HOURS ***** ASSOCIATE TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. PROF. PROF. TECH. CLERICAL TOTALS 1. Meet with the City staff to kick off the project, 6 6 0 0 0 12 focus the list of study issues, agree on schedule, design year(s), land use assumptions, status of other City projects that may affect this study and any other necessary assumptions. 2. Develop the study area or area of influence for this 2 0 0 0 0 2 study. Our proposal would be to look at the area bound roughly by West 76th Street, County Road 17, West 82nd Street and 184th Avenue West. 3. Develop a base map with traffic analysis zone boundaries and 0 0 4 2 0 6 the existing and committed street and highway network. 4. Collect existing and historical traffic data for the study 0 0 2 10 0 12 area: • a. Existing traffic data from the City including turn volumes. b. Available traffic count data from the County and State. c. Metropolitan Council year 2000 and 2010 forecasts and land use assumptions. d. Previous studies and reports by BRW, Inc. ; Benshoof & Associates, Inc. ; and HNTB. e. Accident data at key intersections. f. As-built plan for existing major streets. g. Aerial photos, if available. 5. Collect existing land use data including current develop- 0 0 4 0 0 4 ment proposals on the Burdick property and Manus property as well as the status of all undeveloped land in the study area. Determine status of plans for all undeveloped land. Meet with the City to establish future land use assumptions for these parcels. 8. Determine what new traffic count data is necessary and collect 0 0 0 40 0 40 new data. It is assumed that new peak hour traffic volume data will be collected by the Consultant. Assumes manual turn movement counts at 5 intersections for PM peak period. • STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS AND LAND SURVEYORS MINNEAPOLIS, MINNESC 22-Mar-90 WORK TASKS AND PERSON-HOUR ESTIMATES **ATTACHMENT A** PAGE 2 CLIENT: CITY OF CHANHASSEN CONSULTANT: STRGAR-ROSCOE-FAUSCH, INC. PROJECT: WEST 78TH STREET TRAFFIC ASSIGNMENT AND TRAFFIC IMPACT STUDY ***** ESTIMATED PERSON - HOURS ***** ASSOCIATE TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. PROF. PROF. TECH. CLERICAL TOTALS 7. Prepare traffic forecasts for the three (3) land use scenarios: (1) current, (2) current plus proposed development on the Burdick and Hanus properties and (3) a year 2010 development assumption including current develop- ment proposals. We propose to use the TRANPLAN trans- portation modeling software to project future traffic volumes resulting from each of these development scenarios. The City could use this for future study area updates. Each scenario will differentiate between impacts from development within Chanhassen and traffic generated from locations external to Chanhassen to identify potential for "short cutting" through downtown. Specific tasks necessary to prepare traffic forecasts include the following: a. Define and obtain a "window" traffic forecast from 0 0 4 0 0 4 Mn/DOT for the Chanhassen study area. b. With City staff, develop existing and future street and 0 6 0 2 0 8 �- highway networks for use with the TRANPLAN model. c. With City staff, refine land use data for each zone 0 0 4 0 0 4 and development scenario. Land use data will be provided by City staff. d. Estimate trip generation for: 0 0 6 8 0 14 - Existing land uses in the study area - Proposed developments on Burdick and Hanus properties - Development in 2010 for other undeveloped land e. Determine mode share and trip distribution assumptions. 0 2 4 0 0 6 f. Develop trip table for existing land use data. 0 4 16 0 0 20 g. Run TRANPLAN using existing land use data to determine 0 4 40 0 0 44 loadings on selected roads, interchanges and inter- sections. h. Calibrate modeled 1990 results using existing traffic 0 8 24 0 0 32 count data. i. Revise trip table as necessary for the two future land 0 2 8 0 0 10 ' use scenarios. 3. Meet with City staff to review modeling results. 0 6 0 0 0 6 alliSTR tOS( 'AUS INCMI • SUL ENRS LAN1.111RVE• • • EAP M ^'" 22-1!0 1101 S • NIP TAMIllam ON-1 ES 'LS **A' IMEI * • • OM 3 CLIENT: CITY OF CHANHASSEN CONSULTANT: STRGAR-ROSCOE-FAUSCH, INC. • PROJECT: WEST 78TH STREET TRAFFIC ASSIGNMENT AND TRAFFIC IMPACT STUDY ***** ESTIMATED PERSON - HOURS ***** ASSOCIATE TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. PROF. PROF. TECH. CLERICAL TOTALS k. Rerun model for the two future land use scenarios 0 4 12 0 4 20 and their respective networks. Document results for and deliver appropriate data processing disks, etc. 8. Determine current and future traffic operation and capacity problems related to future land development scenarios. Com- puterized capacity analysis models would be the primary tools used to identify capacity constraints. The major subtasks would be: a. Review geometries, traffic control systems and existing 3 0 2 0 0 5 traffic data for all streets in the study area. b. Based on the capacity analysis, identify traffic operation 2 0 4 4 0 10 and capacity problems. c. Based on proposed development and projected traffic con- 2 0 4 0 0 6 ditions, identify future traffic operation and capacity problems for "day of opening" of proposed development and for 2010. d. Meet with City staff to review results of capacity 5 0 0 0 0 5 analyses. 9. To solve traffic capacity or transportation problems, identify 3 0 6 0 0 9 a number of short and long-range concepts for the area streets, highway system including alternative strategies and alignments for new roadways as well as changes to existing intersections and major downtown access points. 10. Meet with City staff to discuss problem areas and solutions to 6 0 0 0 0 6 area traffic needs. Make appropriate changes and then meet with City Council in a small work session to discuss findings and conclusions to date. 11. Refine potential solutions to traffic problems in study area 2 6 0 0 0 8 including, but not necessarily limited to: - West 78th Street - The downtown development proposals - Internal downtown area access roadways and intersection location where internal streets connect to public streets - Solutions to "short cutting" through downtown - Longer range concepts and opportunities to traffic problems in the form of a "master plan" to guide the City's review of future development proposals in the area. STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS AND LAND SURVEYORS MINNEAPOLIS, MINNEsn" 22-Mar-90 WORK TASKS AND PERSON-HOUR ESTIMATES **ATTACHMENT A** PAGE 4 CLIENT: CITY OF CHANHASSEN CONSULTANT: STRGAR-ROSCOE-FAUSCH, INC. PROJECT: WEST 78TH STREET TRAFFIC ASSIGNMENT AND TRAFFIC IMPACT STUDY ***** ESTIMATED PERSON - HOURS ***** ASSOCIATE TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR. PROF. PROF. TECH. CLERICAL TOTALS 12. Prepare a draft report and meet with City staff to refine 5 8 12 16 4 45 draft findings, conclusions and recommendations. Inter- sections will be sketched at 1" = 200' where appropriate. Need for more detailed engineering studies will be outlined. A staging plan and preliminary cost estimate will be prepared. Make appropriate changes suggested by City staff. 13. Provide internal site reviews of traffic and parking arrange- 0 12 0 6 0 18 ments at the direction of the City for specific parcels 14. As directed, meet with City Council, HRA & Planning Commission 15 0 0 0 4 19 (total - 3 meetings) to present draft plan. Make appropriate changes and print 50 copies of final report. TOTAL ESTIMATED PERSON-HOURS 51 68 156 88 12 375 AVERAGE HOURLY BILLING RATES $80 $75 $55 $45 $35 ESTIMATED LABOR AND OVERHEAD $4,080 $5,100 $8,580 $3,960 $420 $22,140 ESTIMATED DIRECT NON-SALARY EXPENSES $650 TOTAL ESTIMATED FEE $22,790 111111TRGIMSC(E.USAIIIINC. 11111tUL'1IENG S ,ANL VEY • • till111APANIP MIJ '" I .. • CITY OF 1 CHANHASSEN , , ,o_.‘ X,. ' .1 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN MINNESOTA ti,... 55317 Ow (612) 937-1900 • FAX(612) 937-5739 IMEMORANDUM ITO: Mayor and City Council FROM: Don Ashworth, City Manager IDATE: February 26, 1990 USUBJ: Housing and Redevelopment Authority Activities: a. Composition of the Housing and Redevelopment Authority b. West 78th Street Traffic Analysis 1 c. Heritage Park Apartments I had not anticipated this item being on the agenda recognizing I the potential research required by the Attorney' s office. What I had not considered is the fact that this same question had been responded to in 1984. Accordingly, except for verifying changes II since 1984, Roger was able to respond to the Council's request in relatively short order. Attached please find his response to Item a. I In regards to the re-examination of West 78th Street design, I believe a number of factors are jointly coming in to play to respond to this request, i.e: I - Johnson Redevelopment Proposal: Brad Johnson has submitted various alternative development prtoposals for the property lying south of the railroad tracks between Great Plains I Boulevard and TH 101/Dakota Avenue.:-Access to this property from the newly created :Ta ..10i intersection simply cannot be achieved. In fact, the .,primary reason that the City is I taking the Taco Shop is the recogiiiit6a*hatApOtential damages awarded to that owner for restricted accessibility would probably _exceed the value of a full„ tt ing. Why pay enormous sum and get thi ? cceas from either Ian Highway 5 or across the rtfil ad - racks is also not possible. Therefore, theon .y reasonable access to the Johnson property is from .eat Plains Boulevard which has a I number of inherent traffi -congestion problems without adding 5, 500, or 5,000 cars; and I - West 78th Street Design: Councilman Workman's question has been posed by various individuals over the past two to three years. Tom is correct, they need to be responded to; Iand II Mayor and City Council February 26, 1990 Page 2 - Future Development of the Downtown Area: The overall I redevelopment plan established Market Boulevard as the center of Downtown. Typically, we think of downtown as II that area lying between Great Plains Boulevard and Market Boulevard. In fact, the future is likely to show that the other half, lying between Market Boulevard and County Road 17 will be as much of the downtown as that portion I currently lying to the east of Market Boulevard. In the process of putting on our visionary glasses, it is impor- tant to re-examine the road configuration as it lies I between Market Boulevard and County Road 17 to insure that such adequately handles future traffic patterns in that area. Each of the issues presented above could re pr II t separate traffic study. Combined, they reinforcethe bnecessiitya for a study. Each of the sections noted should be separately addressed, but we also need to look at the sum of the parts. Both Benshoof (completed the original traffic analysis establishing the parameters for design in the downtown area) , as II well as BRW, should not be considered to complete the re- examination. Potential candidates would include Howard-Needles, Barton-Aschman, etc. The City does not have resources to carry out this type of project. The BRA does. This office would II recommend that the City Council request that the BRA proceed with a new study as soon as possible. The City Council would see the proposed "scope of services" prior to any work commencing. In regards to Item c, the I e last administrative packet did include a rather detailed analysis from Gary Warren as to the history associated with the Heritage Park Apartment project. II II I II 1 II II II CITY OF .1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM TO: Jim Chaffee, Public Safety Director 1 FROM: Scott Harr , Assistant Public Safety Director 1 DATE: April 23, 1990 SUBJ: Animal Control Vehicle The purpose of this memo is to recommend that the Cit y of Chanhassen proceed with the purchase of a vehicle for animal ' control service. BACKGROUND 1 A major consideration in developing the proposal for the City of Chanhassen to provide animal control services to our neighboring cities was that of a vehicle. The representatives from the cities of Chanhassen, Shorewood, Greenwood, Excelsior, Tonka Bay and Victoria have explored a myriad of options, including joint ownership of a vehicle and leasing options. 1 ANALYSIS 1 Attached please find a packet of material , with the top item being a memo to Don Ashworth from Jim Chaffee dated December 29, 1989 regarding the proposed extended animal control agreement. On page two of that memo you outlined that the eventual consensus 1 of representatives from the communities involved with the animal control project was to have the City of Chanhassen purchase the support vehicle, with half of the estimated $10,000 vehicle cost 1 being spread out in the hourly cost over a three year period. The concept for the purchase of a vehicle was supported at the November 9, 1989, Public Safety Commission meeting, as well as at ' the January 8, 1990, City Council meeting, at which the motion to provide animal control services on a contractual basis to these cities was agreed upon. 1 While a $10,000 amount was initially discussed, with the other cities paying a $5,000 portion of that, various options have been discussed. Our research indicates that a 4-wheel drive vehicle is most appropriate, and it appears that a used vehicle could be 1 II Jim Chaffee April 23, 1990 Page 2 11 available in the $10,000 range. However, for something in the neighborhood of $15,000, a new vehicle purchased specifically for this purpose could be considered. ' RECOMMENDATIONS ' Having explored options with the representatives from the com- munities that we are providing animal control services for, Deb and Bob who provide the service, and discussing the issues with neighboring communities that have animal control service at this time, it does appear that the nature of this service is best suited for a 4-wheel drive vehicle. It appears that a new vehicle that would be continiously available to the City of ' Chanhassen would be more cost effective, last longer , etc. in the long-run than a used vehicle. ' DIRECTOR' S COMMENTS In the long term, I could agree with Scott; that a new vehicle would, in all likelihood, prove more cost effective than a used 4-wheel drive. However , recognizing Council ' s concerns about vehicles, I will stick with the original proposal of purchasing a used 4-wheel drive vehicle in the $10,000 range. (//) 1 I I 7 II__ i CITYOF --. . . , .„ . CHANBAssEN . . I .:. 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612)937-1900• FAX(612)937-5739 4 IMEMORANDUM TO: Don Ashworth, City Manager I • FROM: Jim Chaffee, Public Safety Director 1 DATE: December 29, 1989 SUBJ: Animal Control Contract For The Cities Of Shorewood, II Greenwood, Excelsior, Tonka Bay and Victoria Since the passage of the 1990 budget, I have been able to fine tune the hourly 1 contract costs to provide services for pimal control to the cities of Shorewood, Greenwood, Excelsior, Tonka, ay and Victoria. I have used as a base figure the total 1990 animal control beet of $69,350. I then divided that by Id, since 1/4 of our time would be spent ii .the contracting communit!es. That figure comes out to $17,338. 4 I You will note that the 1990 animal antral get incorporates everything from wages, insurance, retirement, vorkians com hrough office equipment, program equipment, vehicles, motor fuels Ad lubricants periodicals,P books and uniforms and clothing, telephone, printi hfand ublisht I vehicles, repair maintenance o�` adiosp The g� repair maintenance of package that was prepared and sent to Council on December 4 vase,e 'best guestimatelkf all these things that now have been broken down to its finer parts. As I stated earlier, these are now the II actual budget figures forte'990. li Council was con cerned, however, with several adds jonal items that may not have If been included in'the,,original4rapo eh ere administrative time by _., Scott, seczetaria7t3me, 'f'i'nanceEfrar, alieinsurance costs. I have included these costs in the' o1lovji g t �iovn;= ._: .-,-7",-m- II 1/4 1990 Animal'4'Lontzol ..Budget $17,338 `'$16.67/hr ..1 e• Administrative Time - Scott �k r/vk .96/hr I Secretarial Time . 2hrs/vk 1.00/hr II Finance lhr/vk .91/hr Liability Insurance $140 /]'r .14/hr ' Sub-Total $19.68 1/2 vehicle cost ($5,000 spread out over 3 years) 1.60 11 Total hourly cost $21.28 i • H .I Don Ashworth Animal Control Contract Page 2 I IAs you can see by this method, the total hourly costs come to $21.28. Some items vorth noting are that line item 9300 fees for service are being picked up by the individual cities. However, we have included these costs in the hourly I figure . It would not necessarily reflect expenses against the contract. In addition, line item 4110, office supplies, does not reflect any purchases that are anticipated in support of the contract. I am pointing these things out to iii show that if there is an imbalance, the scales will be veighted in favor of the City of Chanhassen. ---j It was the contracting cities desire to contribute half of the purchase price of I a support vehicle. The estimate that was provided by the committee was $10,000 to purchase a used 4-wheel drive vehicle. The cities requested that half of that, $5,000, be spread out in the hourly cost over a 3 year period. That is Ireflected in the total hourly cost of $21.28. RECOMMENDATION: It is staffs recommendation to seek Council guidance in pro- ' viding animal control services on a contractual basis to the cities of Green- wood, Shorewood, Excelsior, Tonka Bay and Victoria. The $21.28 hourly cost is a break even cost and the original proposal from Public Safety recommended a $22.00 an hour billing. It was Council's intent not to short change the citi- ' zens of Chanhassen by subsidizing the contracting cities for animal control. We are reasonably assured that anything over and above the $21.28 hourly cost would provide revenue in excess of the hourly cost assoniated with providing the ani- Imat control services. Manager 's Comments: This office had worked closely with Jim and I Scott during the initial inquiry period from our neighboring cities. I continue to support attempting to help this group of cities until some type of long-term solution could be found for I them. The decision to look to a three year contract occurred late in the process and was probably driven by factors such as how to pay for the vehicle purchase more so than a desire to establish a long-term relationship. The Council' s discussion I from December 4, 1989 reflects the concern that the contract may not have an ending point. II believe the original goal which was attempted to be achieved, "helping the other cities until some other form of service could be established" , continues to be desirable. I do not know I if that will require one or three years. However, if the goal is to see the service terminated at some point, we should not be establishing cost structures which promote continuation. Specifically, the Finance Department has identified the most com- Imon forms of fees for service contracts. Whether using the straight salary approach or straight salary plus fringes, produces I Animal Control Contract Page 3 a cost structure of approximately $28.00 per hour (copy of Finance report attached) . If I were a neighboring city, I would strongly oppose the multiplier approach as such does include pro- fit, taxes, etc. However, if our charging system does not include these types of factors, we will never get to a point where it is cost advantageous for the other cities to do it them- selves or to make it economical for the private sector. In essence, we are using the tax exempt privileges granted to us for operating our City function as a means to prohibit the free ' enterprise system from operating in another city. If our citi- zens were significantly gaining in this process, my analysis may be different. I simply do not see that significant gain. Again, I will go back to my initial point in that we should not be ' establishing a charging system which may preclude or prevent alternatives for future private services. Recommendation: Should the City Council act to approve the ser- vice to our neighboring cities, this office would recommend that the contract remain as presented on December 5, 1989 (recognizes that budgets have already been established on the premise of such) . However, for the years 1991 and 1992, such should be esca- lated up so as to reach a level of 2} times salary at time of contract renewal for 1993. ic)vj 5110 (4)'' 41 1 CITY OF CFPWASSEN 1990 BUDGET FUND: SAL. FUND II DEPAf7TTINT: RDLIC SAFETY FLNCTION: ANIMAL CONTROL / C.S.O. I II1989 1989 = 1990 III AccouNT DESCRIPTION BUDGET NE—ESTIMATE pip 4010 SALARIES & {DES, REG. $0 $4,100 $41 4011 OVERTIME, REGULAR $0 ,� 4020 SALARIES & WAGS TB?. $2,000 $2, $0 I s $12,000 $10,000 $0 ' 4030 CONTRIB., RETIRE. *1,400 $1,500 $5,100 4040 CONTRIB., INS. $0 $400 *5,900 4050 WCPFTENS COMP. $400 $500 $4,000 1 * TOTAL PERSONAL SERVICES $13,600 $18,500 $58,600 ! 4110 SLPPLIES, OFFICE $200 $200 $200 1 4120 SLPPLIES, EQUIPMENT $500 $100 $500 4130 SLPPLIES, PRO[�Ar1 *200 *200 $200 4140 SLPPLIES, VEHICLES $1,000 $600 $800 I II 4170 MOTOR FUELS & LUBRICANTS *1,400 t2 200 t3 500 4210 BOOKS & PERIODICALS tO '$50 $200 4240 UNIFORMS & ❑_OTHING $1,500 $1,500 $1,000 II . * TOTAL MATERIALS & SLFPLIES s �•� �•�� $6,400 II 4300 FEES, SERVICE $1,500 $3,000 $3,O00 4310 TELEP-aE $0 *50 *100 4340 PRINTING AND PUBLISHING $0 $300 $300 4360 SUBSCRIPT. & IB'EER9-LIPS *0 $50 $200 1 4520 REP. & MWINT., VEHICLES *J00 *500 t 4531 REP. & MAINT., RADIOS $250 $550 II * TOTAL CONTRACTUAL_ SERVICES $2,950 $4,150 $4350 4704 VEHICLES ' 4705 OT}ER EDJIPMENT t0 $0 $0 t0 II * TOTAL CAPITAL OUTLAY $0 $0 1 * TOTAL ANIMAL. CONTROL / C.S.O. $21,150 $27,500 $69,350 1 1 1 1 —28— . , i . CITYOF ---� , .. .. ,.:, , k 1 CHANHASSEN , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612)937-1900• FAX(612) 937-5739 - MEMORANDUM ITO: Don Ashworth, City Manager 1 FROM: Jim Chaffee, Public Safety Director DATE: November 16, 1989 • IISUBJ: Animal Control Contract • 1 Please find attached a copy of a memo to me from Scott recom- mending the extension of animal control services to the cities of II Tonka Bay, Greenwood, Shorevood , 4pxcelsior and Victoria on a three year contract. We see an p ortunit to enhance the ser- vices y vices to the citizens of Chanhassen,_by entering into a contract with the five above mentioned c 'ties. There are three benefits 1 that come to mind; 1) the Cit 'of Chanhassen would have available a CSO an extra 20 hours du`r'ing the week in which to respond to calls or to make deliverie" for administration; 2 ) 1 there would be a consolidatid and a centralization, if you will, of animal records that voul :`help locate loose or lost animals along the border areas of o'ur communit s; 3) the revenue II generated by entering int ,. a three years ontract with the above five mentioned cities cR� d be used to glrchase a vehicle for Chanhassen community vice officers. II have included a ,breakdown of the expense and expected revenues should we decideto enter into a three years, contract with the purchase of a suppoitreb " RECOMMENDATION:. .I concur with Sco arr s recomme ration that we enter into a threk0ear contract with the cities o. onka Bay, Excelsior, Greenvood; horewood and Victoratovide animal \ 1 control services as outlined'�`"t'i he t 'ned'contract. In addi- tion, I concur with Scott's recommendation that we purchase a 4-wheel drive vehicle, in suppo f Chanhassen's CSO program. 1 Monies to offset this initial (approximately 810,000.00 purchase ) will come from the revenue generated by the three year contract. 1 PUBLIC SAFETY COMMISSION RECOMMENDATION: Although a motion was not made, the Public Safety Commission supported the concept of extending animal control contract services. The minutes from II that discussion are attached. II Animal Control Contract Expenses and Expected Revenue Page Two 1 Salary (20 hrs/veek ) $10, 400. 00 Benefits ( .20 x $10, 400) 2,080. 00 Gas/mileage/maintenance (100 mi/day x 260 x .25/m) $ 6, 500.00 Total Expense x$18,980. 00 Revenue (1040 hours x $22/hr ) $22,880. 00 6, 76D oit'46/{,A less expenses <18,980. 00> ' Total Profit V 0-3,900.00_ 3 year Contract ( 3,900 x 3) = $11,700.00 Purchase Vehicle $10, 000. 00 /oaa ' 13 = 3/ 70 �, 3 s -`' iv ' 79,760 — z eto 1 1 I I I City asked to continue' I • I n_ L t>. _ _ _ -"• nill1111111 animal control service ' ' 1 ! J I • �_ �-s By Christopher I Ills i�ii� 1 i,; B Clsrisw her Bunn of the communities we serve is _ to continue. It has worked out 51141p{HSIli • ` j , ' flu t••Five clues that have been well for everyone. including IS a,=r temporarily contracting with Chanhassen,"Harr said L1 I 1 -; • ' the city of Chanhassen for The Chanhassen Public Safety i I' •- �3• . animal control service are seek Commission has endorsed the it ti'• `� .•• ' _ _ i ing a permanent agreement concept of a permanent con- • '•..:inn q' - ♦ • �.�ty'4•4:1 r i I I iii t sew City officials in Shorewood. tract and the Chanhassen City .ft 11 _ Excelsior. Tonka Bay, Green Council is scheduled to discuss I� t 1i►s•T ' wood and Victoria say they are the issue at its meeting Dec.4. li' �9tH� , �` '- f�� i pleased with the service the Harr said he would be reean- !ii%II'utllitT.„„,„S. JJ JII� Qanhassen Public Safety mending to the council that n,. 'j,,• i i; - . ■ , ' R Department has provided since Osanhassen continue to provide III II)••,.0 I tp - • IN L - i, September, and want to coo- animal control.He said that,in Il11�oiti n -- �� it.•tine the service next year addition to helping ndghboring ,, ..+�� Die sties asked Chanhassen =immunities, Chanhassen has III I IN'!I�I� : i W help or out Midwest a niYa l con- benefited from - •the 1111101111.111111` ., ' - �';� t tractor. Midwest Animal Con- arrangement 'trot.discontisuied its service this •The animalcantrol iIf IN li'li{IT` ":' :- - fall.Chanhassen agreed to pro- hags have enabled Chanhassen III 1111111 �� _ ,1t,'•vide a Intel of 20 hours a welt of to employ CSO Bob Zydowsky ilIIIII�II Igi j j I�;.ir 1 ��I;; 1 from control s September hoe U Zydowsky is out II II1;R.1��(titiJ e ` -- /ilk in the other con- D1 J Ii December,at the me of sty an munities and a call canes in for I i I {�!I(111 't "° II'Itti boor. a Qanhaisen aninul pidoup,ee IIII jII1;' a 1i ; =«;� 1i 1 1'I 1 G� I' -lt' .;.. /I - i� tarry Whittaker, Shorewood can now mess Q�' • city manager,said Chanhassen Harr said Zydowsky can also 111111I1011gif I,h 1 - .+: - t—- ■_ Il 1 j i has provided the best animal look for animals in Chanhassen • •i Ilti•— •1', ` . ••�'+ I'i 11 1 control the city has ever had when be is driving to and from 111111111111 1 I Ir,�� , , "We are very,vary pleased.Its -other communities. "We're I =mum _•-, )� -(i,i111iI been excellent.The personnel is • significantly increasing our ;t II _•- ,}: . _.!__ `L`• _1-_ - ,I very g the response time is- -ability to respood at m ( ( '( l , good, "� I 1 il-- _ III good. Whittaker said. -Harr said It II II •�—-->t - •.:�•- L i I, Kirk McDonald,Too lea Bay's' _ Ass unanticipatted ba>�I •d.• I II III I(I�■■�`ar•: ',• - •Ili' t• '-i d er C I�II eI i city administrator, paid -the arrangement has beta W II I II lam-• s: t . t'*si ! ij I' Chanhassen community service create a-central data bank on II III ICI la ..s_ . t ^_w� I hilt-I. officers( Os>are well-trained "missing animals which makes it 11,1111111 P1 ,sear/1111L J it ��}-iZ!i .%1fit ITC fe„ II and have provided improved - easier to return those that stray I. - _ - . '<` - c_ 1'111i I service. They know how to deal across borders."We're hay- -.:-..i.";-',7.:,.: •-• �: �I ' �' :. ' with the public a lot better And ing a city better success rate 1.111111• ': %'. `- s..--. •i a.1 that's oo slam against the- of reimt'ting pets and owners, r• • • _ - -.4...;•1744 ..•r it•a previous company Its just bet said McDonald ` ter, a broader service. Harr said the arrangement _ ' _ - .:- ,--:.e .i.z,-. . - .:•,...,._-_ ,. rs ;tiw :R t McDonald said. - has also reedited=in. reduced .- . --1 •• Tailta Bay's mayor, Vern•• boarding costs Ind a rtductiao 't•,omm®lry Service Officer Bob Zydw.siry Is oat of two Chanhassen Public Safety Department ern*, le Haug,has even written a letter - in the amber of tract limed o_ervlce to flue "hires:'h..i1(Photo by Pad hOddd sae,dt-) commending the city of animals that •have, to':be Ro' 1O - ° °-r Chanhassen,not only for the Der- ei hanised."Now we're finding - • vice, but for the cooperation we're able W-cut down on the city.taanagei•i contacted hour rate is reasonable.He said something tQanhasses Chanhassen has shown in help- euthaniring, and saving people agreed the flue cities ihnu ld help the rate Chime pays its out promoting-Hey ing neighboring cities out of a the heartache,"be said. ' defray the averse of an addi- CSOs is casmparable to other can we take over your animal, bind when they couldn't find an 'The only drawback to the a• tic al truck."A truck is needed cities."1 expect if we'd gone to control'•They were • is animal control service. "We're paneled service, according to and we are one of five cities they another city,it would be Dearly out when we were in a bind, very satisfied and would be Harr, is the increased use of provide service far,so we aught the same rate,"be said. we are very grateful,"be pleased to see it continue,"said Qtanbassen's CSO truclt He to be paying for it," said Ex- Withers noted that the cities Harr called the anirnal'cors McDonald. said another truck will be need- celsior Qty Manager Greg approached C •nh•ss ft when arrangement a "creative •• Not all five cities have formal- ed if the city derides to extend maim. they couldn't find anyone the to lion" that fosters 'positive ••• ly requested a permanent con- the contract. C anhassei is proposing an conduct animal control.'We've terchange" between - tract,but Chanhassen Assistant Harr is proposing to have the increase in the hourly rate from looked around and there is no muruties. "It would be ri ri Public Safety Director Scott other municipalities share the $17 to fz2-Midwest Animal Con- around private service amd positive thing,and to ev- • Harr said they are all in- cost of the additional truck trol had been charging 119 an that's willing to do this.It's not benefit,to continue,"he said. 'crated. "The clear consensus through increased fees. AD of bow- Whittaker said the fz2 an Inn: Entire house can be rented Recycling From previous pee they a struck up an aoquain• number of years in human from pievious poor of the smaller haulers opera-. lance with other guests. After resources kr licoeywen and in the city would be abk to f percent of my business is people dinner, they f equetly go for Benchmark Computers when._,a, for recycling pick•ups. market for the recyclabks. i celebrating special occasions- w�,or sit out oo the porch or friend who kaew the owner told Chanhassen Senior Planner,Jo Most muncilmeinb rs •• I weddings, anniversaries, pro- on the lawn to talk.in the morn- her abari Bluff Ct•edk Inn Ann Olsen, said none of the eel the contract option ben r i motions, she said. Sometimes log Karels serves breakfast ins Karels went out to look at the haulers have indicated they potential problems in • - groups will rent the entire house the dining room and guests are mn. I just fell,. ime with__ht," would have to stop garbage delinquent fees.When -•••- for a groom's dinner,a shower, on their way if they're not stay- she laid When the owner, r• pick-up as a result of the recycl- don't pay water water or • i a wedding, or a ••murder ing that night. - jory Bush, offered to sell it, ing requirement_ Twenty qty bills,the city can . mystery"party Karels said running a bed- Karels said •My motuh three cities in the metro area re- service or asses the • ••- i Normally guests check brat 5 . atnd-tYealdast �e a big wuPPm'wide open it came at a quire haulers to pick-up far unpaid bills. But state la pm., and Kanek serves them time commitment."Far me it's time in my life wbep I Deeded a tecyciabbes. Gbuacilmember does not allow cities drinks and hors d'oeuvres in the •tun commitment because I en- change Jay Johnson noted that Eden Qhanhasse n's au to • , inns parlor.After introductions oy people and having then Within fm months, Karels Prairie had passed a similar recycling costs as a utility i and conversation,Karels retires here.I'ye always enjoyed cook- a"'ned the inn. "It was a little ling requirement of gar- The only option the city to her living quarters "I pretty and entertaining It's sort of scary at first,"she said,"giving bage haulers. have for delinquent - • • • much vanish-I want them to like having a party all the time," up, a paycheck every two weeks The increased cost to would be to take residents • uhf said. I went is with loth feet. It was residents in communities that small claims court fed they're at home,"she said. t Guests ixiully go out for din- • Karels had worked fat a scary.burl it's fly been.""" have required haulers to pick up j ner, sometimes together if recyclables has ranged from f10 ' to $12 a quarter according to Parking ban in Farmhouse was built by Vogel family O`er 'gasbag hauler` ' Prairie Chanhassen By Christopher Burns is Europe for settlers. the area. not passed on to residents the Chanhassen's snow • • • In 1952, Joseph Vogel im- When the Sioux uprising oc cost of recycling pick-up. ing ordinance is in effect. n.,..4 IM.en;.,o< r.,.,.tcarrlc mierated from Germany and correct,other settlers in the area Another option the coma From now until April 1.ry • 1 CITY OF VICTORIA •■.<61r d creetices a .9ada 1 1 _ November 14, 1989 . Mayor Don Chmiel 690 Coulter Drive - P.O. Box 147 1 .Chanhassen, MN 55317 • Dear Mayor Chmiel : 1 In behalf of the City of Victoria, I would like to thank you again for providing animal control services to Victoria for the past few months. As you were aware, we were in a difficult 1 situation with the inability to contract privately for the service and without the resources to provide it in-house. I believe your Staff has been exemplary in putting together a 1 t_ quality animal control program. This program has served well to bring neighboring communities together in a cooperative effort. I would greatly appreciate it if you and the Chanhassen City Council would give consideration to continuing this service on a longer term basis. Hopefully, this would be of benefit to all involved. 1 Sincerely, 1/141,4/(/;" Mayor Schmieg - 1 cc Don Ashworth, City Manager 1 1 1 1 7951 &.ode JI iV 55886 ' (612) 448-2868 *mil MAYOR Jan Haugen COUNCIL Kristi Stove Robert Gar B Bran Vearb rn Watten, 1 CITY OF Now SHORE WO 01) = 1 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474-3236 November 17, 1989 II Mr. Don Chmiel, Mayor II City of Chanhassen P.O. Box 147 II Chanhassen, MN 55317 Dear Mr. Chmiel: II I was pleased and encouraged to receive your draft of the three-year three year contract for Animal Control with my Agenda packet today. It looks like we can help improve service in all our cities while solving a long-term problem for the II City of Shorewood. Our residents, Council members and staff have been very pleased with the ser- ' vices and personnel you have provided. The City of Shorewood has never had better feedback on its Animal Control program; so, we are very much interested in continuing into the three-year agreement with the City of Chanhassen. I I believe the City Council will enthusiastically endorse this agreement and will have no problem with the commitment to a new vehicle for the service. In II fact, given this experience, the Council will probably be interested in other avenues for cooperation. Perhaps, we should meet some day soon and discuss our mutual interests and II needs. Our patrol cars meet and our plows cross paths. Some of our residents are served by your water system; and, our water systems connect in Sweetwater. We have many mutual concerns and should be able to develop even better way s of , cooperating. Thanks, again, for your support of the joint Animal Control effort. II I look forward to meeting with you soon. I Very truly yours, OF OOD • I • - ák \ Jan ugen ' Mayor JH.al - 111 A Residential Community on Lake Minnetonka's South Shore r ' 4901 Manitou Road,Tonka Bay,Minnesota 55331 Tel.474-7994 IMAYOR November 13, 1989 L.H.Haug I COUNCIL Ralph Bendjebar Steven Johnson City of Chanhassen Douglas Keller 690 Coulter Drive Kent Ottum Chanhassen, MN 55317 I ADMINISTRATOR Kirk McDonald Attn: Mayor Don Chmiel City Manager Don Ashworth IDear Mayor Chmiel: In September of 1989 the Chanhassen City Council agreed to allow the II Chanhassen Public Safety Department to provide animal control services to Tonka Bay and several other south Lake Minnetonka communities on a temporary basis through the remainder of the year. We very much appreciate your I extension of animal control services to our city, as the private company previously providing these services unexpectedly withdrew from the contract. The Tonka Bay staff has informed me that this service from Chanhassen has worked out well and we have been pleased with the quality of service your I community service officers provided. I also understand that /because of the close proximity between and the cooperation among the citiesjinvolved in the program, that essentially a centralized information bank has !been developed II to reunite lost animals with their owners. I think the citizens of all of our communities benefit from this cooperative approach. 1. It has come to my attention that you will soon be considering an agreement Ito provide animal control services to neighboring cities on 4 more permanent, 3 year contractual basis. The City of Tonka Bay would certainly appreciate your positive consideration of this matter. I think it is very l encouraging when neighboring cities can join together to reactive a problem and develop a program that provides a benefit to all jurisdictions involved. We have appreciated your sharing of animal control services kith us over the I past several months and are hopeful that this cooperative working relationship can continue in the future. Sincere S • I L. H. Ha Mayor of Tonka Bay i 4 II cc: Tonka Bay City Council : NOV 15 1989 Administrator McDonald I _,�- Jim Chaffee, Chanhassen Public Safety Director c�TY OF CHANHASSEig CITY OF , C1111111AssEN „a 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 (612)937-1900• FAX(612)937-5739 _ I MEMORANDUM 1 TO: Jim Chaffee, Public Safety Director FROM: Scott Harr, Assistant Public Safety Director , DATE: November 6, 1989 SUBJ: Expanding Animal Control Services This memo is to provide a recommendation that the City of Chanhassen consider entering into a three year contract to con- tinue providing animal control services for the Cities of Greenwood, Victoria, Tonka Bay, 8 , elsior and Shorewood. BACKGROUND .v- On September 12, 1989, Chanhass=4 Pu•?ic Safety agreed-to provide 20 hours of animal control ser ice pe- week to the above listed cities through 1989. This ac =, •n was response to an immediate need of these cities after t private r_ ompany that was providing these services unexpectedly :-= thdrev f0- the contract. The City of Chanhassen was approach 1 because no only do we have an ani- mal control program that operational, }•ut we are in close proximity to these other +- ties and we u .slize the same veteri- nary clinic that they = - under contract - th. Primarily because Sb7�a great spirit of cool,' ration among all of the cities inva,• • combined—with substa y - 1 effort by Chanhassen Commi g c y •`•creaky, the temporary program thatrsva r-1.ta :v ,a..>?_ a__v•. ked exceptionally-V- What little administrative time ' been required by this • d„Q a.2 has been more than compe • for by the fact that the City •:�_" 'nog sen has _ !. , had a CSO available an additional 20 hours l•e • no cost to us (because when a CSO is scheduled : f•: these animal control duties outside of Chanhassen, that offi w_s may still respond to calls within the City of Chanhassen) . 'yam e program has also helped our existing program by expanding contacts with neighboring cities, -•-••-+•so that more animals that we have picked up have been reunited with their owners (we previously had no central information bank for such a purpose) . Finally, this program has allowed all of these cities to develop a working relationship that all agree has been a positive experience. ' II . - Jim Chaffee November 6, 1989 Page 2 The initial request for assistance was to provide animal control services through 1989. Because these cities had no alternatives readily available, they did express initial thoughts of possibly ' continuing this arrangement if it worked out on a temporary basis. While it has worked out very veil, I did make it =clear from the start that we would be unable to even consider con- tinuing the arrangement if it would detract from regularly ache- duled CSO services to the City of Chanhassen. A primary concern is that we presently have only one CSO vehicle, and while it has served our purpose in providing the temporary service, it has put a strain on vehicle availability within Chanhassen. ' ANALYSIS As the result of ongoing meetings with representatives from these cities, the consensus is that they all appreciate the animal ' control services being provided by Chanhassen, and would like to see the arrangement continue. We have all sought to identify mutual needs to be considered if an ongoing program is developed, and these are reflected in the proposed contract that I have drafted. Our discussions have resulted in a consensus that a three year contractual period would be most workable. ' :i.- As stated, the primary stumbling block is a vehicle. We agreed that ve would not want to continue an arrangement that would have our one vehicle out of the City for 20 hours per week. There- fore, if we are to continue providing services to these neigh- boring communities, the vehicle issue does need to be resolved (none of these cities have a vehicle available for this use) . In consulting with our CSO officers that have been providing ani- mal control services, as well as speaking with neighboring animal ' control officers, we believe that the ideal vehicle for animal control service is a standard size 4-wheel drive pickup truck with a topper. The purpose of a pickup truck is to isolate the animals) from the officer, and the purpose of a 4-wheel drive ' vehicle is to provide access to the areas, particularly during inclement weather, that animal control service is likely to lead. In attempting to limit expenditures as much as possible, our ' thinking is that a used 4-wheel drive pickup truck could be purchased for approximately $10,000. ' You and I had initially approached these cities with the position that ve would consider providing animal control services by charging approximately S17 per hour, but this would not include the cost of a vehicle. We further took the position that ' the five cities requesting animal control services divide the cost of a vehicle in proportion to the number of hours of service. The vehicle was to be marked with Chanhassen Public Safety markings to remain at our office when not being used for animal control in the other cities . 1 1 Jim Chaffee I November 6, 1989 Page 3 While these cities are anxious for us to continue providing sal control services, they are reluctant to buy a vehicle that • Chanhassen would have beyond the 20 hours per week that it was being used for animal control. These cities all asked if there was not some way that a vehicle could be supplied as a part of the hourly rate. The recommendation that I would like to propose, which is the con- sensus of representatives from the five cities, is as follows: That the City of Chanhassen purchase a used full size 4-wheel drive pickup truck for $10,000.00. Because the vehicle will only be used 20 hours per week for animal control service in other cities, the City of Chanhassen " vill be responsible for half this amount. The remaining $5,000.00 will be included within the hourly contractual figure to be paid by the other cities. The vehicle vill belong to the City of Chanhassen. The primary reason that this proposal is so appealing is that the City of Chanhassen has an opportunity to purchase a $10,000.00 vehicle, and effectively pay only half of it. While I understand = that the City Council has expressed a reluctance to purchase vehicles, the fact is that an additional CSO vehicle is needed. While we could arguably get by through 1990 with our one present vehicle, not only vill additional demands require the eventual purchase of another vehicle, but increasing mileage vill require that an additional vehicle be purchased eventually. it just seems to make good business sense to take advantage of this opportunity. One other possible alternative would be to proceed with our ori- ' ginal idea of charging these cities an hourly amount, which vould not include a vehicle. In turn, the five cities vould share the expense of purchasing a vehicle. We all agree that this approach is the very least appealing for several reasons. In addition to the issue of why these cities should purchase a vehicle for Chanhassen to use in addition to the 20 hours of animal control service, actual control 'of the vehicle becomes an issue. Rather than sharing ownership, and thus control, ve all agree that it would be better to have our agency own, maintain and control the use of the vehicle. The representatives from the cities all feel that while their Councils may be reluctant to authorize this final alternative, each felt confident that a straight hourly figure, which would include the cost of a vehicle, would be received more positively. 1 Jim Chaffee November 6, 1989 Page 4 ' RECOMMENDATION In conclusion, the City of Chanhassen has an opportunity to enter ' into an arrangement with several benefits. Not only will ve be able to continue working with and assisting these neighboring communities, but ve will also have the availability of a CSO officer 20 hours per week at no cost to Chanhassen. In addition, <- ■ ' we have an opportunity to purchase a vehicle that would be available to the City of Chanhassen on a full time basis for half the cost of our- purchasing it alone. Our experience thus far ' indicates that little administrative time has been required to operate this program. Therefore, my recommendation is that the City of Chanhassen consider entering into a contract with these cities for a three year period. 1 I I I • ANIMAL CONTROL CONTRACT t::::::::::::::t:::::t: This agreement made this day f Y , 19 by and betveen the City of Chanhassen, hereinafter referred to as "CHANHASSEN"; and the City of Shorewood, hereinafter referred to as °SHOREWOOD", vitnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and betveen the parties hereto as follows: 1. This agreement shall be effective as of January 1, 1990 and shall continue in effect until December 31, 1992 unless cancelled pursuant to this agreement. , 2. CHANHASSEN agrees to patrol the public streets of SHOREWOOD in accordance with a schedule provided by CHANHASSEN, agreed upon by SHOREWOOD. If necessary, CHANHASSEN agrees to transport animals as it deeas appropriate. CHANHASSEN will attempt to notify South Lake Minnetonka Public Safety Department prior to impounding any animal. 3. CHANHASSEN agrees to provide personnel and equipment to provide animal control services. Said employees shall perform their duties in proper attire, utilizing a marked Chanhassen Public Safety vehicle. These employees shall be in uniform or have City of Chanhassen identification. 4. SHOREWOOD shall authorize CHANHASSEN to apprehend and retain domestic ani- mals and/or issue citations or warnings for violations of city ordinances. Wild animals shall only be dealt with if presenting dangers of personal injury or significant property damage. However, CHANHASSEN shall not invade private property contrary to the wishes of the owner of said pro- perty, nor forcibly take an animal from any person without the approval and assistance of a peace officer having Jurisdiction in that city. 5. In addition to regularly scheduled hours of patrolling, CHANHASSEN agrees ' to respond to 'emergency call-outs• from SHOREWOOD. CHANHASSEN vill have an officer scheduled to respond to such call-outs, to be billed to SHOREWOOD at the rate of time and one-half per hour with a minimum of two :P hours. CHANHASSEN shall respond at the earliest opportunity to such requests, including bite cases or injured animals, as deemed appropriate by CHANHASSEN. 1 An "emergency call-out" is defined as a specific request for animal control service during times that an officer is not on duty. If a Chanhassen Ani- mal Control Officer is on duty, even though not assigned to SHOREWOOD, said officer will respond, applying the time to the regular schedule (so that this would not be considered an emergency call-out). If deemed appropriate by the Chanhassen officer on call, a situation may be dealt with over the phone, in which case no fee will be charged. 6. CHANHASSEN agrees to coordinate services with the Chanhassen Veterinary Cli- nic, 440 Vest 79th Street, Chanhassen, MN 55317, as long as this arrange- ment is agreeable with the Chanhassen Veterinary Clinic. I • Animal Control Contract Page 2 ' 7. CHANHASSEN shall furnish monthly reports to each city reflecting the charges for such veterinary fees as vell as patrol and emergency call-out fees, vhich each city agrees to pay CHANHASSEN within 30 days of being billed. ' S. When an animal is impounded by CHANHASSEN pursuant to this animal control contract, said animal shall be held in accordance with Minnesota Statute ' 35.71. This statute includes, among other things, that impounded animals vill be held for at least five "regular business days" (as defined by Mn.Stat. 35.71, Subd. 3). In the event that any impounded animals are unclaised after a maximum of 7 days (5 'regular business days", and possibly 2 partial days), the animal becomes the sole responsibility of the Chanhassen Veterinary Clinic to be placed or disposed of at their discre- tion. ' 9. CHANHASSEN shall maintain reports on Chanhassen forms, or utilize specific forms as requested by each city. 1 sontbly report of activity- shall be provided to SHOREWOOD. 10. CHANHASSEN shall assume liability for damages resulting from negligence ' while providing animal control services. 11. SHOREWOOD agrees to pay CHANHASSEN for services in the performance of this contract, pursuant to Paragraph 15 of this contract, as follow: ' A) Price per hour - per vehicle for scheduled patrol based on actual tine in service for the CITIES SL2.0O ' B) Price per emergency call-out 2 hour minimum at time and one-half per hourly rate. ' C) Impound, boarding, euthanasia, disposal and any other veterinary fee, as charged by the veterinary clinic. D) It is agreed that if the designated boarding facility or euthanasia/ disposal service is unavailable, SHOREWOOD shall authorize CHANHASSEN to obtain these services elsevhere, and SHOREWOOD shall pay CHANHASSEN the rates of the alternative facility. 12. SHOREWOOD shall pay any veterinary bill incurred for unclaised animals impounded frog SHOREWOOD. Ovners claiming their animals shall be charged the veterinary bill in its entirety, including impound fees. 13. 111 payments shall be made by SHOREWOOD upon receipt of monthly statements from CHANHASSEN vithin 30 days. 14. Because this is a joint effort involving the cities of SHOREWOOD, VICTORIA, EXCELSIOR, TONKA BAY AND GREENWOOD, it is agreed upon that any modifica- tions to, or vithdravals from this contract shall require the written authority of each party. In the event that one or more parties seek such change, including vithdraving frog the contract, said party (or parties) shall remain obligated to pay for their agreed upon number of contract hours unless othervise agreed to by all parties pursuant to this Paragraph for the remainder of the year. I Animal Control Contract I Page 3 15. SHOREWOOD further agrees that the fees reflected in this contract are in effect only for the calendar year 1990, with the remaining two years to have fees agreed upon by all parties to this contract within 30 days of that-upcoming year. If all parties are unable to agree to a fee schedule for that particular year, it is agreed that the contract vill then end at the conclusion of the year that is currently in effect. 16. This agreement shall bind the cities of CHANHASSEN, SHOREWOOD, VICTORIA, EXCELSIOR, TONKI BAY and GREENWOOD upon each party signing a copy of this animal control contract, however, all parties need not sign the same docu- ment. • 17. Under no circumstances shall CHANHASSEN be obligated to respond to any , request for assistance or to patrol when, in the sole discretion of the Chanhassen Public Safety Director or his duly authorized agent, any one • of the following conditions exist: (1) when necessary men -and/or equipment are engaged elsevhere, (2) when road or weather conditions constitute a hazard, (3) when providing assistance would expose any person to unreaso- nable risks. ' 18. The time and manner in which service is rendered, the standard of perfor- mance and the control of personnel employed to render such service shall be determined by CHANHASSEN. CHANHASSEN reserves the right to miter ache- duling should conflicts arise (i.e. CSO schooling, illness, vacation, etc.) . 19. CHANHASSEN agrees to patrol the public streets of SHOREWOOD and respond to animal control calls during regular patrol hours pursuant to this agreement in SHOREWOOD 10 (ten) hours per week. CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor AND Don Ashworth, City Manager CITY OF SHOREWOOD BY: Mayor AND Clerk Public Safety Commission Meeting . November 9, 1989 - Page 9 II Wing: Did that answer your question? IKlick: Yes. I Wing: Was there any point to that Barb? I don't word that facetiously. Do you have any input? Klick: My question is always safety of the fire fighters for one. I think Ieveryone going Code 3, I mean when it's not necessary, it's a concerq and also it's costly to the City and so I was just interested in where that was headed and I know you had given me some of your rescue protocols in the I past. ' Wing: We are paying everybody and I've sort of taken a stand on that I because I feel we all go through this training.. We're all at 4:00 in the morning and we're all entitled the pay becausenatwtthe end of the year I don't know if it adds up to enough to say well only x people can show up. Plus on a volunteer department, you can't count on the split Icrew which we operate. We operate a split crew by the way. We have broken into two separate units where on every other day, or actually we're doing F weekly now, we have a crew assigned that has to show up and is responsible. I The other ones can come in for pay if they choose to but we do have two separate units that are broken up. Now first of all to move the calls around a little bit more to make sure that everybody is getting in on the activity. Also to give the other people the option to sleep in if they II choose to. AT 2:00, 3:00, 4:00, 5:00 in the morning when it's a local rihdical call. That doesn't pertain to fires. IWenzlaff: Anything else on fire? Bernhjelm: I just want to offer a motion of commendation to the fire I department. To all of the groups that were involved in the Fire Prevention Week efforts. The Open House and the school presentations. it looks like a lot of participation and a lot of effort went into it in terms of the fire fighters themselves. Several wives I see were listed on the duty I roster for the school presentations. I think we have, we don't pay these guys enough to do what they do and when they come in and donate their time like this, I think they deserve our thanks and I would hope that perhaps a I motion could be introduced at the next City Council meeting in accordance with that. IBernhjelm moved, Klick seconded that the Public Safety Commission recommend that the City Council, at their next meeting, make a commendation to the IFire Department for their efforts during Fire Prevention Week. All voted in favor and the motion carried. ICHANHASSEN PUBLIC SAFETY: Harr: As I think you're aware Wayne and for everyone, Jim has a class at IHamlin on Thursday nights so I think the mid-quarter was last week so hopefully he' ll be back soon and I know he'll be in later if we..g.o..-that 1 9 Public Safety Commission Meeting November 9, 1989 - Page 10 late. We have a number of things here to discuss that Jim didn't I specifically itemize here but one of the issues, Barb that you had brought up was the issue of City Ordinance training for new deputies. I've talked with Jim Castleberry and that will be included in the future to take some I time going over specific issues and Jim came up with an excellent idea. Going from my suggestion that the Field Training officer and- the recruit come up and spend some time with Jim and/or myself. He said how about a day or so. I thought that was a real good idea so we'll be pursuing that. / Is that alright? Secondly, I'd like to just go down to the sight line issue listed as unfinished business there if I may when there's my letter in response to the issue last month. The only response other than, well Julie Boden, Deputy Boden gave the one specific response and the fire department and utility department both expressed concerns regarding` higher vehicles. To remember it from that perspective as you had mentioned Wayne' so I've submitted by letter. I think that's what he was asking for based on my contacting the various groups that are listed in that letter. The' only other issue that I'd like to discuss at this time is animal control and extending the contract and we talked about that last week to put on II tonight's agenda and Wayne, if this would be an appropriate place, I'll comment on the meetings we've had with the 5 cities we've been providing animal control. I Wenzlaff: I have no objection unless someone else. Let's go ahead. Harr: Alright. Just a little background. On September 12th we started I providing 20 hours a week of animal control services for the 5 neighborin cities because Midwest unexpectantly pulled out and they were in a crisis situation. It's really worked out exceptionally well. The temporary contract just goes through the end of this year and all 5 cities are requesting strongly, if not pleading that we consider continuing on with it. It's really been a spectacular opportunity to meet with the City Managers of these 5 cities. It's given us a chance to get to know each other and really has been I think a neat experience for everybody. I told Jim and the group that I would not even consider it if it meant detracting III from service in Chanhassen either by pulling our people away from what we II anticipate scheduling them for or by taking a vehicle away to limit service. Now the one vehicle has been out of town sometimes when we would have liked it here but on the temporary basis, that was alright so that's the basis that I said I would entertain any possibilities with. As far as adminstrating such an effort, I think is little compared to what additional service Chanhassen gets in that those 20 hours per week we have someone that's available for call outs in Chanhassen at no charge to us. It's really not taking significant adminstrative time. It's kept Bob on full time and as I said, when they're working in the other cities, they'll respond to our calls and they're coming and going and so we really get 20 1 hours of availability for free in that sense. The major stumbling block has been the issue of a vehicle. I just don't see that we could even entertain the idea with our one truck because I just can't have it out of I the city that much because that's the vehicle that we would use to respond to an emergency calls or a Chanhassen resident. We've met weekly with the city administrators to try to come up with an idea and it's been difficult because it's not a business proposal per se. We've really been trying to work with these people rather than saying, okay we're running a_ business 10 ' Public Safety Commission Meeting IINovember 9, 1989 - Page 11 here so we've tried to look at everybody's needs including ours. We've examined many possibilities and the most appealing is to have Chanhassen purchase a used 4 wheel drive pick-up truck that would have a topper on it. The other cities would pay through the hourly rate over a 3 year period half of that vehicle. Chanhassen would pay for the vehicle up front. Would be responsible for half the cost and it would be ours and at the end ' of the 3 years, half would be paid off again through the hourly fee. We toyed with ideas of saying our Council is not interested in purchasing vehicles so if you want this, the 5 of you will have to purchase the ' vehicle outright in proportion shares. Well that just unwieldy. We talked about having South Lake Minnetonka P.D. own the vehicle. All these other cities buy part of it. We'd mark it. It's just unwieldy. We talked about new vehicles. We've talked about cheaper vehicles. The other cities ' basically said we'll pay almost anything per hour if you'll provide this service and the vehicle. What we decided was that we could purchase a used 4 wheel drive truck and Bob and Deb and the other cities we've talked to ' thought that a pick-up truck is best because it isolates the animal . 4 wheel drive because it gets them in and out of the areas that they're going to. Particularly in bad weather and we thought that for $10,000.00 we ' would be able to purchase a vehicle that would be good for this purpose. The difficult part is that Chanhassen would have to purchase or under the suggested route, Chan would buy the vehicle for $10,000.00 and pay it off, ' half of it, through the contract. I think it's a great idea because we'd get a $10,000.00 truck with our markings, etc. for $5,000.00. We would have people, 20 hours of free service or availability like "we do for minimal adminstrative time and that's the suggestion that we would like to ' entertain at the first Council meeting in December. Deb and Bob feel that it's workable. The City's really let us draft a proposed contract with anything we wanted in it. We're looking at a $22.00 an hour fee and we're ' looking at 3 years just because that way it lasts long enough so we don't have to be scurrying, re-examining it. I don't see that it detracts from Chanhassen service at all . In fact I think it'd be beneficial. Klick: Scott, is it at. . . Harr: Yeah, $17.00 right now. So just open that up for discussion. ' Boyt: Why is it $5.00 an hour more? IHarr: To pay for the vehicle. Boyt: So we're not figuring our current vehicle costs in the contract? IHarr: Not to be purchasing the vehicle, no. Just covering -what we estimated fuel costs to be for just the 4 months Bill. Boyt: So we've been subsidizing them for $5.00 a hour? Harr : No. The additional money is to help pay for the $5,000.00 share of Ithe vehicle. We disagree. Okay. Subsidizing. Wenzlaff: Do we know what it costs us to provide that service? If we're charging them $17.00 a hour now. Do we know what our costs are? �. Public Safety Commission Meeting November 9, 198 - Page 12 Harr: With that $17.00 an hour, I think we came out makinS several hundred dollars ahead was all. 9. comin 9 out Wenzlaff: But we're covering the CSO's time and the e operating costs of t� Harr: Correct. Wenzlaff: But no depreciation? Harr: For just those 4 months, correct. Wenzlaff: But if I understand you correctly issue be that they pay $24.00 or $25.00 an hour, lsomething ereasonablelif very wel turned out that that's what was necessary it have us make an undue profit off to cover the contract but not of them? Harr: Our figures come to $22.00 an hour. Wenzlaff: And that would cover ' vehicle and I'm sure Bill 's concerned tabout dnotocovering the That's all fine and dandy Purchasing a presuming you're going to abandon this thing certain time but if you have to replace it, you'Ve got to buildin g for tha replacement time. % Hirt: Well at the end of those 3 years, well we'd own that vehicle.we enter into this contract it'd be a matter of paying off that. The $5,000.00. We're just looking at the 3 year P - ni off that again, we picked the 3 years just because that's iwhat tjoint point and agreements generally go. powers Wenzlaff: Is that 20 hours per week for all the 5 cities combined? Harr: They each, well Victoria for instance has 2 hours. Wenzlaff: But I'm saying it's a 20 hour total? Harr: Well yes. I'm sorry, yes.es. That•s right. , Wenzlaff: Counting that over 52 weeks, that's $1,040.00 a year ti mes 3 years doesn't come up with $5,000.00 unless ay math is wrong here. Harr: I wish I had our total figures. Boyt: Well they're saying $5.00 an hour. a hour which will generate $5,000.00 and plusey increased the fee by $5.00 I Wenzlaff: A year? Got it. Thank you. a used vehicle. I don't know what our experience guess my concern was also buying I those vehicles but 3 years for a vehicle seemsnto me to be, longevity of we'd have anything left over at the end of 3 years would be my opinion. I'd question whether it was serviceable as a city vehicle. my don't expect p pion. 12 1 Public safety Commission Meeting • November 9, 1989 - Page 13 11 Harr : I think with the type of use this one would be getting, that it ' would work out. It wouldn' t be having any heavy duty use. Any of the high output runs. It's not a proposal that we're pushing strongly. It's one that the neighboring cities would like to see and we can see some benefits from but it's not one that we're pushing and that's why I wanted to talk about it tonight. Klick: So the bottom line, when you said we're several hundred dollars ahead, are you looking at units? Hours per expenses? Time that we're actually out making the calls versus the time we're in here? How did you factor that? Harr: Ask that question again. I'm not sure what you're specifically. ' Klick: Right now we're 20 hours a month that we charge them correct whether they get the service or not? Is that correct? Harr: Correct. Klick: And have we looked at, I 'm asking you numbers here, the actual time that we're out servicing those people? ' Harr: Well yes. ' Klick: And that's where you came up with your several hundred dollars, is that correct? Harr: Correct. IIKlick: Okay. And my second question is, the additional get if we � ' tional 20 hours that we 9 purchased this vehicle, like were doing now, we have the Ione CSO vehicle correct? Harr: Yes. ' Klick: Is this another 20 hours of time that we would have a vehicle visible with our markings driving around the town? That would be additional too? II Harr: Yes. Klick: We would have if we stopped? Harr: Yes. Wenzlaff: I don' t know what City Council feeling would be toward coming up with the $5,000.00. I'm certainly in favor of, it sounds like a good deal to provide the animal control. I agree with you. I don' t see it as, Icertainly there's some opportunity for problems but I think they would be minor and I would agree that the adminstration would appear to be pretty negliable. The concern that I could see would be the outlay for the Ivehicle up front and I'm sure City Council is concerned about that ' 13 • Public Safety Commission Meeting November 9, 1989 - Page 14 IL Harr: And I've told these 5 other cities that the current Council is very " conservative, particularly regarding the vehicle issue. That we just didn' t feel that these other rather unusual ways of everybody buying a bit of a vehicle and putting it under South Lake's title was appropriate. Thill would be an opportunity but again I'm not going to continue on with a way that will take time or service away from Chan but I just think any other way of doing this without us owning the vehicle just presents too many problems. We've got to keep it as easy as we can. We are going to need another CSO vehicle in the near future. This is an alternative, a rather creative one to having one on hand. 1 Klick: Had we thought about at all in terms of donations? I know Mr. Redmond had given some cars in the past or even some of the local community groups? I mean if money is that tight, is that something the City is open towards for vehicles? Harr: , We had talked about that at a meeting with the Sheriff not too long ' ago and I'm not sure exactly where Jim had left that but at that time we just were relunctant to go asking again. We left it with them that we were interested in a donation but we haven't gone asking for a specific vehicle II for this purpose, no. Wenzlaff: I guess what I 'm hearing from the entire group i4 that the issue appears to be only one of money. Does anybody object to the premise of ' Chanhassen continuing to provide the animal control service? No. I don't want to lose money but the thing that's important to me if we can, all things equal , the 20 additional hours of visibility and II the police officers here are expert at that but I think isn't that part of the preventative thing? The visibility and driving around and all that so I'm looking at it as 20 hours per week. That's a lot of hours per year I that we have someone else in uniform around here, which is important to me. If we could get that, that's a good bargain. Harr: Yes, I think so. Wenzlaff: And I think more importantly it's the City Council who's going , to decide the dollar issue. If I may be so bold, I think it's probably more our place to agree with the premise for providing it and all the positives and acknowledge that the financial issues need to be resolved and they're not going to be resolved by this group. ' Harr: The community section of the Star and Trib did an article on it and it's one of the few times that I've been totally misquoted on several issues with us. I think they were looking for some sensationalism with the , Midwest issue but they just couldn't dig it up so they went with what they had. One thing that they said and a bit of misquoting of me was, well we didn't go looking for this and we don' t particularly want to continue it. I Well, that's right. We didn't go looking for it and we don't want to continue it if it's going to affect us at all but we see some of the positives that can come out of it and that's what we're looking at. 14 I Public Safety Commission Meeting ' November 9, 1989 - Page 15 Jim Castleberry: Just a couple thoughts and I'm not trying to play devil 's ' advocate here but Chanhassen was involved in a tri-city agreement at one time. . .CSO for Chaska is one issue. Scott that I think you want to look at because I 'd encourage you to come up with the money to buy a new vehicle. I think in 3 years a used vehicle, our experience at the Sheriff's office and I think even when we were working with Eden Prairie or Chaska, we were going through a vehicle every 2 years and we were buying some pretty expensive vehicles. I think the other thing that you need to look at, as the city of Chanhassen grows, as does the zest of the corridor here, 20 hours isn't going to be sufficient service and they're going to want. . . finally want to expand that and you need to be prepared for that. Harr: Good points. ' Bernhjelm: What's the arrangement Scott in terms of calls? If there's a dog call in Victoria, then our CSO's take care of it whatever time of the day it comes in? Assuming like 16 hours a day or whatever. Harr: Right. If it was during a time, at least the way it is right now and the way that I would recommend that we pursue it is if Deb and Bob were here and there was a call in Victoria, they'd take care of it and apply it ' to their 2 hours a week. The way we've been pursuing it on off duty times is time and a half, 2 hour minimums and actually the majorijy of these calls have been able to be dealt with over the phone. Those call outs have ' been held to a minimum. The officers have really been handling most of those. II Bernhjelm: What about, how do you manage, let's say there are no dog calls in Victoria in a particular week, do they then for the next week patrol for 2 hours to make up for that or how does that work? IIHarr: They'll just get, we'll apply that and keep track of that and if it's overtime, then it's billed out accordingly but if there aren't any call outs, then they'll just get their regular 2 hours and it melts I together to a certain degree but we've keeping records and so far it's just been working out very smoothly. II Bernhjelm: Are there any adminstrative costs figured into the hourly rate in terms of computer time or secretarial time you need? Harr : There hasn' t been no, but that's something we may want to look at as I well. It's really not been much at all but I'd have to check with Jean on that. ' Jim Castleberry: Just one other thing, and this just came up Tuesday at the County Board meeting with the Veterinarian for Chanhassen. I can't remember her name. IIHarr: Jody Arndt? Jim Castleberry: Jody Arndt approached the County Board about establishing IIa Carver County Humane Society. Are you aware that they're trying-,to .get ' 15 Public Safety Commission Meeting I November 9, 1989 - Page 16 one in Scott and Carver County. At least one of the things she proposed her presentation to the County Board, because they're looking for County Board funding, is not only housing the animals but also going out and. picking them up in terms of injured animals and strays which is not aimal control per se in terms of. . .may be part of a solution to a problem here. Harr: I know.. that Jody's real good because she's very concerned and does everything she can to prevent the euthanizing of animals and it's a very nice relationship too because as I've mentioned before, she's the vet that all the cities had contracted with so I don' t mean to sound too ambivalent but we can see some good things out of it. We can anticipate some of the difficulties that you've said as well. I think it's workable. I don' t think it would detract from what we're doing and I don't think it would over the 3 year period but it certainly isn't a business that we went out soliciting either. IIBernhjelm: Would the figure be set for the 3 years? .• Harr: No. Bernhjelm: And hours are set? Harr: To be reviewed and agreed upon each of the 3 years with a contract II ending if all parties didn't agree. So there's some, I 've written in escape clauses to it so if it didn't work out, we could terminate. Wenzlaff: If I could summarize then, I basically hear 3 things that I didn' t hear any objections to the concept of Chan continuing to provide that service. i heard 2 recommendations. That you look at a new vehicle versus a used vehicle and I'd like to add my voice to Jim's. I think that's a real concern. Number 3, that this body isn't prepared to deal with the financial issues but that we certainly want to see this being a, well not a strongly profitable venture. A not profit free venture. I don't see this costing the City of Chan money other than if we elect to invest in a vehicle which we see direct benefits from. Would anybody care to correct or add to that? , Klick: I just would like us not to overlook the possibility of a donation. I don't know, maybe Bill you can speak for City Council. I mean, is the City open to I mean even hitting up the Lion's Clubs and things like that. I Is it something that can be done? Boyt: I wouldn' t venture a guess. , Klick: Okay. Maybe someone can ask Mr. Knutson. Boyt: Sure. ' Klick: I mean if that's the barrier and there is no funds for something like that, I'd just be interested if it's there why not. Boyt: Sure. The City could accept it. I mean we could legally accept it. As to whether we would or not, I don't know. I would like..ta—add 16 1 Public Safety Commission Meeting • 'November 9, 1989 - Page 17 though, I kind of hear a subdued nature about this and I really think this is an excellent idea. It allows us to have somebody who has expertise in ' animal control . That's pretty amazing when you think about a community of 10,000 people. It gives us somebody who's centralized and has responsibility for it. I can remember when my dog got locked up a couple years ago and it took me 4 days to find the dog and it was at the vet but the County didn' t know it. I think that offers a really tremendous opportunity for Chanhassen to say to surrounding communities to the north of us, we can do this to everybody's benefit. The only down side I see is ' 'you've got to find the money in your budget and I don't know how you're going to do that because you came in with all these priorities of things you wanted and I can, for my part, and I think something for the Council to ' think about is I could see the Council saying, we'll find somewhere the money for the half that the northern suburbs are going to be picking up but the half that Public Safety is going to be acquiring, I think has to come out of the Public Safety budget which means you're going to have to give up I something that you thought was important. Harr: We went with Don Ashworth yesterday to review the status of 90's ' budget and he thought it looked workable but on the same premise so we'll continue to hammer this out with the other cities but at this point I just wanted some input from the Commission which I appreciate. Wenzlaff: Do you feel like you got? { Harr: Yeah, some good ideas. Thank you. That's all I have on Public safety specifically Wayne. IUNFINISHED BUSINESS: SIGHT LINES WEST 78TH STREET. Wenzlaff: Okay. I guess I 'm not certain. Did we cover the sight line issue in Unfinished Business? Harr: I didn't think there was anything more to it. Everyone was contacted and given an opportunity to get that done with. Boyt: Wayne, I think the uestion is also lso addressed to the Public Safety Commission. It seers like we're interested in getting as much input as we Ican so I 'd like to think if Public Safety Commission members have some input, that you get it in the Minutes. IWenzlaff: As far the sight lines? I guess I feel like I made my recommendation last meeting which was to make sure they get into the fire truck and go around town because I drive a Suburban which is a taller vehicle than a small car and it's amazing, that's probably only a couple of ' feet difference but it's amazing the difference in Perspective you get. And if we have a landscape architect who drives, pick your brand, Honda or something that 's a relatively smaller vehicle and has never been, inside the Ifire truck to sit in it, I think it would be very difficult to imagine how much that changes your perspective and that was my input. Bernhjelm: Has he come back with his proposal yet Scott, do you know? ' 17 i CITY OF . r......,:., . CHANHASSEN . . . ,;. . : . 1 . ' ., . w • 690 COULTER DRIVE• P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • I (612) 937-1900• FAX (612) 937-5739 IMEMORANDUM DATE: January 2, 1990 ITO: Jim Chaffee, Public Safety Director IFROM: Finance Department 96"-.) ,VV--- SUBJECT: Animal Control/CSO Costs IOur memorandum of January 2, 1990, responds to your specific salary/related costs associated with our CSO program. Noted in that memorandum is the fact that such does not include Ioverhead. It is our belief that the cost factors you are attempting Ito I get to could better be calculated by using standards within the consultive arena. Specifically, we have researched stan- dards used by various engineering/planning/attorney service , groups. Two methods appear to be used by these groups: I1 . Direct Salary Multiplier: The industry appears ears to be charging a low of 2.5 to a high of 3. 1 . The I average paid by Chanhassen appears to be 2.8. This multiplier is applied solely to the base pay which for our example, is $20,800. I . 1 2. Salary Cost Multiplier: This system is employed by the State of Minnesota =for<consul tive groups. It way. established :after various "audits of consultive Iservice costs:". The' system uses -a multiplier •of 2.0 against the direct labor plus indirect costs:' In our example, -this -would be the $20,800 figure plus I the compensated absences, retirement, workers comp. , etc . PERA contributions are an anomaly of cities and therefore not included. In our example, the total Iwould then be $29,553. �._ For comparative purposes, the first method would produce a total annual cost basis of $58,240. The second method would Iproduce a total annual cost basis of $59, 106. Take your pick . cc : Don Ashworth, City Manager I .i CiTY OF .. 4: ..., ..,. . CHANHASSEN 1 . . : . ,, • . . : .:. , 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 I .: (612)937-1900• FAX(612) 937-5739 MEMORANDUM I DATE: January 2, 1990 1 TO: Jim Chaffee, Public Safety Director FROM: Finance Department 9e4 ' 1 SUBJECT: Animal Control/CSO Costs 1 In response to your request for salary and related costs asso- ciated with CSO' s, we submit the following detail . In addi- tion to the detailed breakdown we show, one would have to consider administrative overhead for such things as preparing 1 and maintaining the billing to the cities, preparing pay checks and maintaining personnel records, etc. Additionally, we have not taken into account uniform costs, or the intrjh sic 1 costs of miscellaneous office supplies and materials. We have no specific data to either support or contradict your , I computation for vehicle usage of $.25 per mile but should point out that it would be well to consider a depreciation factor. 1 Although the specific legality of our . 9 p g y providing service to other cities is not in question, it would_ be well advised to contact our insurance carrier concerning any potential liabi- 1 lity and whether or not our current policies would cover such. The following detail breakdown As" 'based =on your $10.00 per II hour rate assuming use of .a ,full.-time_ $alaried•. CSO. We have annualized the computations for simplicityl'a' :-.. ,R-: ';` Base Pay $10.00 per hour ‘x 2080 rt,c,. =_'-$20,800.00 1 Compensated Absences 133 days.per hear ` " @80.00 per day) = $ 2,640.00 Retirement - FICA 7.65% i r. = $ 1 ,591 .20 1 - PERA 4.487 _ $ 931 .84 ,. Worker' s Compensation $6. 1 per $100 = $ 1 ,281 .28 Insurance - Life - $3.40 per month = $ 40.80 1 Health - $251 .23 per month = $ 3,014.76 LTD - $15.36 per month = $ 184.32 Total $30,484.20 1 #30,484.20/2080 = $14.66 per hour. cc : City Manager 1 • II City Council Meeting - January 8, 1990 IIMayor Ch iel: That's basically what it is. That's what it boils down to. That was my notion to annex into the City of Chanhassen. CONSIDER EXTENDED CONTRACT TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITIES OF II Don GREE MOOD, EXCELSIOR, TONER BAY AND VICTORIA. Don Ashworth: Jim will not be present this evening. If I can give the report. IIMayor C ,iel: I certainly hope so. Don Ashworth: You have the report from Jim Chaffee. I should note that I have ' a manager's camhent. I'd asked for a formula to be developed by the finance department. I firmly believe in that formula as a Weans to ensure that we do not create a system whereby private business would not be competing with us. I was asked though to relook at same of the numbers in terms of how realistic is Iit if a private business were to carry out this function. Wbuld they logically be paying $10.00 per hour for animal services and I guess in further review, I would respond to that question by saying no. I think that anyone going into I this type of business, historically it's shown that they have hired people at the very end of this, very low end of the schedule and accordingly, even if you used $8.00 per hour and used the formula, you're still at $20.00 to $22.00 per II hour. The short and long of it is that I firmly believe that at $22.00 an hour, the City will be fully reimbursed. I do have a real concern that the contract not be looked at as a long term type of contract and I say that thinking about future building needs. Our people and recognizing that this type of a function 1 could actually limit our own ability to stay in this building. Councilman Johnson: 2 years. I mean why 3 years? 3 years seams kind of long. I The objective is to get back to where there is another service. We used to have a Teri-cities Animal Service and that one died. I Councilman Boyt: I think we're talking about vehicle as a driving force here. Purchasing a vehicle. Mayor Chmael: There was one that was paid off in the 3 years, you're right. ' Yeah, that was the position. And I think too, what Don just said is I don't • think we want to be in a long term portion but I think that if it's not going to cost anything and we can assist our adjacent cities with what we have, I think ' it would be a good thing for us to do. Councilman Johnson: It basically gets us a little extra coverage for free. ICouncilman Workman: So now we've got free animal service. We've got a free community center. We've got a free, I don't know, we've got free everything. II Councilman Boyt: I would move approval of the animal contract as stated in the staff report for $22.00. ' Councilman Johnson: Second. Councilwoman Dimler: I guess I would question the $.96 an hour for ' adminstrative time for Scott at 1 hour a week. I also question the secretarial ' 72 IICity Council Meeting - January 8, 1990 �j time although that night be a little closer to the time spent but an $1.00 an hour? Councilman Boyt: No. You've got to take 20 times that. 'They're saying that these people are contracting for 20 hours a week so what does that break out to in a per hour charge? So the secretarial time would be $10.00 an hour. Councilwoman Dimler: But we're not saying then that they're going to spend 1 hour and 2 hours a week. Councilman Boyt: Well no. I think that's what they are saying and I think you're right to say well, is that really accurate or not. Maybe Zydowsky does a lot of this work without turning it over to Scott and Carol. ' Councilman Johnson: A majority of it. ' Mayor Qrdel: Cr a good share of it. Councilman Boyt: I worked with Don today from 3 different angles on how do we ' get reasonable cost for this thing and we kept coning up with $22.00. So personally I'm pretty comfortable that that's accurate. Councilwoman Dimler: Have we got a time limit? It will be 3 years you're saying? Mayor Qimiel: Yes. Within a 3 year period I think. rCouncilwoman Dialer: But what incentive are we giving them to look for private? Mayor Qviel: The incentive we're giving then is at the end of 3 years we no ' longer will provide the service. Councilwoman Dimler: But what incentive are we giving them to look in the ' meantime to shorten it up? Mayor Chmiel: Well, if they don't have anything, then they never thought of it. I think they have to do that on their initiative to see what they can acquire for themselves. Councilman Johnson: I've seen what? Like 3 different of these services fail in ' the last 5 or 10 years. There's a big one that Minneapolis had that failed and really caused a problem up there. I think a lot of suburbs, the Tri-City one here fell apart. I can't remember what the third one was but there was another ' commercial one. It's a service that may be able to be provided by the private sector. Maybe better provided by the public sector. Councilor ran Dimler: So that we can fail? Is that what you're saying? Councilman Johnson: Well sane services, a private consulting firm is, you can't do it because of your overhead and stuff. Councilwoman Dialer: I still don't like our taxpayers having to maybe subsidize this if... 73 .City Council Feting - January 8; 1990 IIMayor Chmiel: Right now we're not subsidize M3• I Councilwoman Dimler: Right but if we go to that point and we've told them for 3 years and we get to a point where we are subsidizing then and we've got a 3 year contract here, we can't very well pull out of it. I'm real uncomfortable with I that. C uncilman Boyt: No, it's open to, the price is open to negotiation every year. We're not locking that in. IIMayor Ciriel: That's right. That's what Jim indicated last time. ' Councilman Workman: What if these communities drop out? Cour cilunean Dimler: They have an option to drop out. ICouncilman Workman: What if they drop out in 6 months? Councilman Johnson: We have to sell the car. IICouncilwoman Dimler: Yeah, I have a real problem with another vehicle too. ' Councilman Boyt: one of the things that sells this outside of it's a nice thing to do for our neighbors, is that we're giving, our citizens are getting much better animal control service than they were getting 2 years ago. Probably better than they were getting a year ago. We're taking somebody and we're I paying then more than a private vendor would pay in this area and we're giving and getting better service. This contract allows us to keep that person full time. That's a heck of a benefit to us as a community. We've now, $17.00 I wasn't covering our costs. $22.00 is probably covering our costs and in the course of the next year we're going to know and if it isn't, then next year we'll propose a higher amount. IICouncilman Workman: Do we have detailed records of these animal pick-ups, etc. Don? II Don Ashworth: Yes. Councilman Workman: Fbw extensive are they? 1 Don Ashworth: At issue though, if you're trying to get adminstrative costs, which I really questioned in Jim's report. Secretarial and same of the others, I don't think that we have good records because we really don't have, the services isn't going, right? Councilman Workman: I'm saying, I want to see records that show that we have Isuch a serious animal problem in this town that we've got to add people for 40 hours a week. That's what I'm concerned about. I understand trying to blanket every hour with both police and ambulance and animal control. The animal control is, it's rare for one person in a lifetime to have a serious animal ' II problem in their own yard. Councilman Johnson: I picked up a dog this week. 1 74 City Council Meeting - January 8, 1990 Councilman Workman: I'm saying, I don't see the detailed records that show that we've got such an animal control problem that we've got to extend this thing so far out and wide and beyond for us to get really what I would say is a delivery service. ' Mawr Chmiel: On the other hand you can look at it Tomas the services that are provided in the event that there are those dogs and you're saying what total numbers are there will be taken care of without any problems as well. Councilwoman Dimler: But in Chanhassen that would be anyway because we have the service for ourselves. ' Councilman Johnson: But we'll have more of it. We'll have 20 hours. ' Mayor andel: They'll have a better chance to contain then. Councilwoman Dimler: I nevek indicated that I thought we should crake Zydowsky and Deb Rand go part time as a result of rejecting this. We can find other things for than to do. You understand what I'm saying? Mayor Chmiel: Yeah, but it's just providing another kind of service because of the amount of driving that they're going to do, there's that additional exposure that's being shown through the City as well. Councilman Workman: But we don't know how many dog problems we have a week or a month. Councilman Boyt: Well we do. I don't have the numbers right with re but I get ' them every month at Public Safety. Phyllis Pope: My name is Phyllis Pope and I walk my dog on a leash nearly every ' day. Probably 3 miles most days and I don't think that there's a time that I'm out walking that I've not seen these dogs and I'd hate to see what it would be at less service in Chanhassen. I think we've got good service now. People respond fast and they're very courteous. Don Ashworth: To respond to the question though, my recollection of the 1990 budgetary process was one in which we were increasing the overall availability ' of CSO's. Not necessarily increasing the amount of animal control for 1990. We're looking at 20 hours per week for animal control. I did not recall that we were increasing the CSO portion. We're moving from one full tine position and a ' half time position to two full time positions with the additional half being picked up through these contracts. Councilman Workman: So we're really gaining... Don Ashworth: We're not gaining anything. We're not really losing anything. ' Councilman Boyt: We're gaining a body in that we've got samebody full time which means we can probably hold onto them better than trying to get them, when they're working a thousand hours. Councilman Johnson: If he's patrolling Greenwood and a dog complaint comes in in Chanhassen, he's available to drive down here and pick it up. I had a dog 75 City Council Meeting L. January 8, 1990 II complaint. I had 2 dogs running loose 2 weeks ago which I called the Carver County Sheriff on Sunday and we had nobody on patrol on Sunday so basically he says, if you can go out and get those two dogs. One Airedale and a Laborador and contain then yourself, we'll care get than. Otherwise they're running free. II I wasn't personally going to go out and try to capture this Airedale and Laborador that I didn't know. The one dog I did know. I Councilman Workman: And I don't suggest you do. I'm just saying, what community that doesn't have a police force seriously has 24 hour a day coverage. Not us and not a lot of communities. I'm just saying it's a very expensive deal. Councilman Johnson: We're not proposing 24 hours a day. Councilman Workman: I know and I would never propose that a loose dog isn't a — problem at any given time of the day. I'm just saying, we're going to always have loose dogs. People are going to let their dogs off. People who own the ' dogs let their dogs run free. Again, we can't fix every problems but I just don't see the gain in us extending ourselves beyond the border so far. I'm not saying reduce and get rid of animal control. I'm just saying the gain that we're getting to get a 4 wheel drive pick-up or vehicle, to do the other communities isn't really I don't think advantageous to the City. But why don't we take a vote. IIDon Ashworth: I do have a response to that one question if I may. Mayor (hmiel: What's the answer. IIIn Ashworth: The question was, what happens if they drop out. They can't. They've got to take and pay you. If they drop out, they're still obligated to pay unless you let then off the hook. That's paragraph 14. Councilman Boyt moved, Councilman Johnson seconded to provide animal control 1 services on a contractual basis to the cities of Greenwood, Shorewood, Excelsior, Victoria and Tbnka Bay for a period of 3 years. Councilman Boyt, Councilman Johnson and Mayor Chmdel voted in favor and Councilman Workmand and IICouncilwoman Dimler voted in opposition. The motion carried with a 3 to 2 vote. Mayor Chmiel: Would you care to give your reasons or you already stated them. IICouncilwoman Dimler: Well I pretty much stated than but if we want to get extra, get Bob Zydowsky full time we can do it without having this contract. Also, if you want another vehicle we can do it without this contract. I just IIthink it's... Councilman Johnson: Yeah, it will just cost our citizens to do it. Mayor Chmael: I don't think it's going to cost us those amount of dollars. If I did, I think I would vote the opposite way. Believe me. 1 I 76 11 CITYOF -Tv• d # CHANHASSEN .4"5. .07 • -111/4„ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jim Chaffee, Public Safety Director ' FROM: Scott Harr , Assistant Public Safety Director DATE: April 18, 1990 ' SUBJ: Inspection Vehicle Memo ' Jim, Would you please review the attached and feel free to edit to ' your heart ' s content . Note that Harold has parts on order for Randy' s car and should be told ASAP if we do not want to fix that car again. I was drawing a blank as I worked on this memo, so I ' will appreciate any additional input you may have. Thank you. {-may - Sv to, „vixxiet, 1 1 ` tex i ZA,cat— 1 CITYOF CHANHASSEN _„„ .,.. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ?d* (612) 937-1900 • FAX (612) 937-5739 MFMORANDIUW TO: Jim Chaffee, Public Safety Director FROM: Scott Harr, Assistant Public Safety Director DATE: April 18, 1990 1 SUBJ: Building Inspection Vehicle The purpose of this memo is to provide a status report on the vehicle situation pertaining to the Building Inspection Department. BACKGROUND: We have five building inspectors and three relatively new inspection vehicles. Two of the inspectors, however, are still operating the older building inspec- tion vehicles. While the newer vehicles are serving their purpose well, the older vehicles are causing problems. The Mercury Lynx is now on its second engine, and the Ford Escort is experiencing mechanical problems as well. These two vehicles are not heavy duty enough so as to withstand the constant type of driving our inspection vehicles are used for (i.e. rough terrain in construction sites, etc.). ANALYSIS: Rather than continuing to put money into these vehicles, I believe the City � Y should consider at least replacing one of these cars now, with an eye on the future for replacing the other. It is important to remember that these are not vehicles that are used for ordinary transportation; rather, these vehicles are in constant use, driving in situations that are difficult. The inspectors are frequently driving through construction sites that are snowy, rocky, hilly, bumpy, and the frequency of their stop-and-go driving would be difficult on any vehicle, but particularly vehicles as light weight as the Lynx and Escort. RECQTTDATION: The four wheel drive vehicles that we have purchased for our inspectors have proven to be particularly well suited for their use. Not only have they gotten 1 the inspectors where they need to go, but they have been available for use by our staff during snow emergencies, etc., when needed. Rather than to continue to put money into vehicles that are not as well suited for such use as the Bla- zers are, it seems very logical that we provide vehicles to our inspectors that will be able to stand up to the task.