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CC 2017 04 10 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 10, 2017 Mayor Laufenburger called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Joe Shneider 1035 Holly Lane Kathy Bognanni Chanhassen Library Heidi Hoks Waconia Steve Midthun 6225 Ridge Road Ed & Victoria Sazalpski 850 Pleasant View Road Rich Echternacht 8746 Flamingo Drive Laurie Susla 7008 Dakota Avenue Mayor Laufenburger: Thank you and welcome to this council meeting. Those of you that are in the council chambers as well as those of you that are watching on either Mediacom cable channel at home or through the website livestream that’s available anywhere you can find an internet access. For the record I just want to acknowledge that all members of the council are with us this evening and the first action tonight is the approval of the agenda. Council members are there any modifications to the agenda? And if not we will proceed as the agenda is printed. We will proceed as it is printed. PUBLIC ANNOUNCEMENTS: Mayor Laufenburger: This is the season of Easter upon us. I want to extend an invitation to the annual Easter Egg Candy Hunt. Parents, get your kids in front of the TV right now because th you’ve got to hear about this. The City of Chanhassen is proud to present the 34 annual Easter Egg Candy Hunt. This is the second in a year long series of special events that are sponsored by the City of Chanhassen, local service organizations and the local business community. I would th like to invite everyone to join me on Saturday, April 15 at 9:00 a.m. at City Center Park for this annual event. This event is for children 12 and under and will feature a candy hunt, coloring contest, prize drawings and a special visit from the Easter Bunny. The cost is $5 per child and we’d like to see pre-registration at the Chan Rec Center or City Hall. We encourage that. You can also register the day of the event and I look forward to seeing everyone there and Mr. Chanhassen City Council – April 10, 2017 th Hoffman I find it interesting. 34 annual. So there will be some parents there that actually participated in the earlier Easter Egg hunts and they are now parents and I don’t know, 34 years, I suppose some of them could even be grandparents, couldn’t they be? Yeah exactly. Anyway th Easter Egg Hunt Saturday April 15. Come out in your best Easter attire and enjoy the Easter Egg Hunt with us. CONSENT AGENDA: Mayor Laufenburger: Council is there any item, D(1) through (7) that you’d like to consider separately? Council members? How about visitors? Come up so we have your name and, just state your name please. Joe Shneider: Thank you I’m Joe Shneider from 1035 Holly Lane in Chanhassen. Mayor Laufenburger: And is there an item on the consent agenda you’d like us to consider separately? Joe Shneider: AIS funding, yes. Mayor Laufenburger: That would be item number 2. Item D(2). Alright we’ll take that up immediately after, actually we’ll take that up right after visitor presentation and before public hearing, okay? Any other item to be removed or considered separately? Alright the consent agenda is items D(1) and (3) through (7). Councilman McDonald moved, Councilwoman Ryan seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated March 27, 2017 2. Pulled for Discussion 3. Approve Arbor Day Poster Contest Winners 4. Approve Fireworks Display at Lake Minnewashta on July 4, 2017 5. Approve Acquisition of Permanent and Temporary Trail Easements from David and Mary Blanski, Foxwood Highway 101 Trail Extension 6. Award of Quote, Concrete Work Associated with the 2017 Park Shelter Project 7. Approve Purchase of Replacement Backup Server and Software All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2 Chanhassen City Council – April 10, 2017 VISITOR PRESENTATIONS. Mayor Laufenburger: We have a scheduled visitor here, if you wouldn’t mind. Step up to the podium and tell us your name. These are visitors from the Carver County Library System. Heidi nice to have you here. You too Kathy. Just state your name please. Heidi Hoks: My name is Heidi Hoks, the Director of Carver County Library System. Kathy Bognanni: And I’m Kathy Bognanni, the Branch Manager of the Chanhassen Library and Victoria Library. Mayor Laufenburger: Welcome. Nice to have you here Ms. Hoks. Heidi Hoks: Thank you so much. You’ll notice in front of you, you have our annual report. Again it’s only one page, back to back because then we know you’ll have time to read it. You’re very busy but we don’t want to have you not have time to read every single word so we made it short and very pithy so you’ll get everything in there. We are so proud to be here to be representing the Carver County Library and particularly the Chanhassen Library. Chanhassen, as you know is supported by you as far as the building is concerned and the services that are provided within are provided through the County. This is a wonderful partnership that allows the City and the County to share the expenses and to give more than to the residents of the community. And of course in order to get as many materials and staff and wonderfully trained staff et cetera as possible we are part of a county library system that includes 10 libraries, 4 express libraries and because of that we do a lot of bulk purchasing and we are able to do things and get group pricing so that you get the most for the money that is being spent because we’re a county system but even more because we are part of a regional library system we’re able to get a number of other resources. Data bases and electronic resources of other types, et cetera. It gives you the most you can possibly have for your dollar and we’re very proud of that. Just a few highlights from this last year. Under Outreach we were very proud to be able to offer our MELSA smART pass. You’ll notice the ticket in front of you and on the back is a website that you can go to and you can look for tickets for events such as musical events. Theater events. Tickets to museums. To zoos. And you can get those tickets for free or greatly reduced cost just by clicking on the item and having your library card there so your library card which costs you nothing also gets you lots of free wonderful professional entertainment so we hope you’ll take advantage of that. You’ll notice we also did a number if things this last year in Outreach. We have a new website. We’re preparing for RFID. We’re still preparing for that. We’re doing our tagging right now and we had a digital literacy project with School District 112 where we asked the curriculum people to give us names of titles of books that they normally utilized. Whether it’s within the curriculum or books that they suggest to kids to read as additional reading and we bought those in E-audio format. This is for those students that have difficulty in reading so now they can follow along as the E-audio reads to them. Our chrome book lab project, Ride and Read and E-Books of Minnesota. Let’s talk about spaces. Two of those spaces that were renewed this 3 Chanhassen City Council – April 10, 2017 last year are in Chanhassen and I do believe Kathy’s going to be talking about them a little bit more but we’re very proud that those could happen and in programming. Of all the 4 programs I want to talk just a minute about the Vets programs sponsored by local veterans, the VFW and so on. This was a grouping of programs that really spoke to former veterans in our area. An author Wendell Afield came and spoke about his book, about his experiences in Vietnam. The next day he held a workshop for bets who were trying to get their feelings out and onto paper so they could at least release some of them. They won’t be able to release all of them but at least some of them. Excellent response to the programming and of course awards. We had awards last year and you know what we’re continuing it this year. Already in 2017 the Chanhassen Library has won the award for MELSA for the best display for winter reading programs throughout the Twin Cities so we’ve had lots of wonderful things happen but there are lots of wonderful things and events going on for you every single day at your Chanhassen Library and to tell you about that I’m going to turn it over to Kathy. Kathy Bognanni: Well this is one of my favorite mementos of last summer, summer reading program. We had over 1,100 children who participated in writing things or drawing things about the books they read last summer and Brady Chang is one of the children who decided to draw us this thank you note and the books piled up and all of the books that he read last summer. I loved it. We have a lot of programs for children and teens at Chanhassen Library all the time. This last year we had about 250 programs and over 10,000 children and teens came. On the left with the drive in story time, besides all of our regular story times our children’s librarians are always looking for something fun and different to do. They had a yoga story time. MacPhail did music story time. Opera story time. Tails for reading but this drive in story time, the kids had a ball with that. They took cardboard boxes and created their vehicles and then they eventually lined them all up toward the front like you would in a drive in movie except they heard stories and then they could all take their vehicle home and it was popular enough, we ended up having to repeat that several times even though we thought of it as a one time thing so I thought was fun. Mayor Laufenburger: What age group is that Kathy? Kathy Bognanni: Preschoolers. Mayor Laufenburger: So up to 5 years old. Kathy Bognanni: Probably 3 to 5 year olds. They had a great time. For adults we also sponsor a lot of programs. We had about 125 this year for 2,000 people. Music in March. Art in April. Author visitors like the one on the left there and Heidi mentioned the Veterans series that was the first I hope of a number of partnerships we’re able to do with our veterans organizations because this one was such a success that I’m sure we’ll want to do more. But even more fun is that in our library meeting rooms we had over 980 reservations by community groups who also used our meeting rooms for all their own programs and activities so we’re really making, and those are usually free as long as they’re non-profit groups so we have just tremendous community use of those rooms. We do have E-books and we do have E-audio books and we do have E-magazines 4 Chanhassen City Council – April 10, 2017 but the printed book is still the most popular format and people really still love to read. So one of the things I wanted to mention is that the library staff is always a good resource for recommending a good book. Besides that we do displays and book lists and on our website on our catalogue you can look up a book you read that you liked and it will list a bunch of others that you might like to read so we’re trying as much as we can to help people find the books that they would like to read and our community checked out 319,892 books for the first check out and that doesn’t count renewals or online check out’s and our collection is about 110,000 physical items at the library. People are still using the library and books heavily. We do try to keep the building up. You’ve given us a nice, wonderful building and we’re always looking for ways to make that still meet the needs of the community so a couple of things we did this year were reupholster all those nice big comfy chairs in the fireplace area. They were kind of coming apart at the seams with the upholstery so we redid those. And then we created a space in our children’s area for older children, ages 8 to 12 that we call the Middle in an area that had previously held a big desk that we were no longer using much and that’s getting a lot of use by those kids after school and on weekends. Our Friends of the Library are so important to the library. They help us financially with summer reading, Lucky Day Books, Great Decisions and other programs and they volunteer so much for us. Both the adults and the teens but most importantly the Friends of the Library are one of those ways that we stay connected with the people in the community who are actually using the library because they talk to us about what they want at the library and then we can provide that for them. Our staff we have quite a few people on our library staff who’ve worked at the library for a long time and our goal as a library staff is to keep trying to provide good services to the community and be welcoming enough that people will want to ask us questions. Their information questions that they have so we are really trying to do our best to train our staff and make sure we have a staff there that meets the needs of the community. So I would just like to welcome everybody who hasn’t been in the library lately to come and pay us a visit and maybe add your count through the door to the 227 door counts that we had at the library in 2016. Thank you. Mayor Laufenburger: Thank you very much Kathy and also you Heidi as well. Would you just stand for just a moment? Comments or questions? Mr. Campion. Councilman Campion: I had a question. In your annual report under the technology it talks about in addition to the vinyl cutters that you have a 3D printer that you added. Heidi Hoks: Yes. Councilman Campion: Can you say anything more about which library has that 3D printer? Heidi Hoks: Currently our technology library in Victoria has the 3D printer but we are looking at purchasing another 3D printer that will be our, part of our technology on the go program and so that will be coming to the other libraries to hold classes and do printing at those points. The 3D printer is so popular not only with children, teens but also adults. 5 Chanhassen City Council – April 10, 2017 Councilman Campion: Right. Heidi Hoks: So it’s a great addition and we need to spread the wealth around. Councilman Campion: Very cool, thank you. Heidi Hoks: You’re welcome. Mayor Laufenburger: Either comment or questions? Councilmember Ryan. Councilwoman Ryan: I have a comment. Thank you Mayor. I was tasked or I signed up to volunteer read in my daughter’s fifth grade class and so this goes to your excellent staff. And I went and milled around the children’s section. Pulled a bunch of books. Went home. Showed her. Asked her well here are the books and which one do you want me to read and she told me that they were very baby and there was no way that I was going to read to her class so I went back to the library and went right to the information desk and the help desk and one of your staff members put me, brought me to a whole other of the library and picked out a couple books for me and I read it to the class and was their favorite book of the year. Now don’t ask me the name of it because I can’t remember but it was a great book written by an author from northern Minnesota who writes a bunch of short stories and it was fantastic and your staff was excellent so I appreciated all their help and support in making my daughter not look like her mom thinks that fifth graders are babies so thank you and pass along my appreciation to your staff please. Mayor Laufenburger: Councilman McDonald. Councilman McDonald: I just wanted to say that you know it’s not everybody with children or young adults that use the library. All of us older folks also use it quite a bit and what I really appreciate is the fact that you have all this reading material. The magazines. The CD’s. The books on tape. All of those things so it’s like it’s a well rounded I think facility and you do cater to all ages and I really appreciate that on behalf of the community and I do think that you’re a real gem within the city and I’m always glad that we’re a part of that so thank you for continuing to do the good work you do and to serve the residents of our community. Heidi Hoks: Thank you. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: I’d better say something. Mayor Laufenburger: Yeah I think so. It’s kind of adding up here. Councilwoman Tjornhom: People might think I don’t go to the library so I’d better and you know it’s so silly because Heidi and Kathy you and I are such good friends and I just know that 6 Chanhassen City Council – April 10, 2017 you know the real gem of this community are you two and the work that you give to those libraries. They are you heart and soul. It’s not just a job for you. It’s a passion and that’s I think what’s so touching and I respect you so much because of the job that you do and the time and effort and love that you put into it. I know I would ask Heidi sometimes you know what’s your favorite book you’re reading now and she would tell me you know what it was and I would look for it and never really had time to read it but it looked really good Heidi so thank you for all of that. What you give back to this community is incredible and I remember there was a while back where that library in Chanhassen was not a popular topic to talk about at all you know and now it’s something that we all use and we can’t imagine life without it so thank you so much for everything you do. Heidi Hoks: Thank you Bethany. Mayor Laufenburger: Le me just add to that. I think the programming that you have especially for the young people, obviously it brings parents with them but you’re establishing patterns early in their lives that hopefully they will hang onto and these are patterns of using… (Due to technical difficulties part of the visitor presentation discussion was not recorded.) CONSENT AGENDA: (2). APPROVE SPECIALIZED SERVICES AGREEMENT WITH CARVER COUNTY FOR WATERCRAFT INSPECTORS. Mayor Laufenburger: …this is the approval of the specialized services agreement with Carver County for watercraft inspections. Mr. Hoffman are you prepared for a staff report? And just so people in the council chambers and those watching at home, this item was on our work session agenda and there was discussion of the program from it’s inception in 2012 all the way through last year and essentially the discussion was to repeat the program with some minor tweaks in 2017 as compared to 2016. Mr. Hoffman you want to add anything to that? Todd Hoffman: Thank you Mayor, members of the council. The proposed motion as it’s presented tonight is that the Chanhassen City Council approves the 2017 specialized service agreement with Carver County for watercraft inspections at Lake Ann, Lake Susan and Lotus Lake in an amount not to exceed $55,498.90 for a maximum total number of watercraft inspection hours not to exceed 3,695 hours and as Mayor Laufenburger stated that is very similar to last year’s program. Mayor Laufenburger: Alright thank you Mr. Hoffman. Now Mr. Shneider you raised a question. You asked that this be taken off the consent agenda item. Would you like to speak to this? Just state your name and address again so Nann has that. Joe Shneider: Thank you Mayor Laufenburger and members of the council. My name is Joe Shneider. I’m at 1035 Holly Lane in Chanhassen. I’m also the President of the Christmas Lake Homeowners Association and as I’m sure you’re aware part of Christmas Lake is in Chanhassen 7 Chanhassen City Council – April 10, 2017 but the bulk of it is in Shorewood. That said there are many Chanhassen residents who live on the lake and the collective property value for those residents exceeds $24 million dollars and I think that’s low but that’s a different question. I’ve watched your AIS program for many years from it’s inception and til now and I’m thankful that the City has gotten involved and protects 3 lakes with AIS inspections. As you heard in tonight’s working session the bulk of the funding for these inspections comes from the Riley-Purgatory-Bluff Creek watershed district and another large portion comes from the Lotus Lake Conservation Alliance and the Lotus Lake funding is to provide additional hours for protection of that lake. The funding for Christmas Lake, the AIS program at Christmas Lake is similar to the Lotus Lake program in that the homeowners association provides a significant amount of that funding. In fact we provide 50 percent of the funding for our program and in the past the, our watershed district which is Minnehaha Creek watershed district has provided a cost share grant to cover the other 50 percent of that and that’s some pretty significant money. This year the Minnehaha Creek watershed district funding for the cost share grants was cut back and for the very first time we asked the local government units that support us, that would be two counties, Hennepin and Carver. Two cities, Chanhassen and Shorewood to help us with some support for the program. Our request was for $10,00 each from both the City of Shorewood and from Hennepin County and $5,000 each from the City of Chanhassen and Carver County and just to put our program and that price tag in perspective, our 2017 AIS inspection program at Christmas Lake will cost just over $86,000. For that cost we have inspection and decontamination capability at the public access to make it convenient for thst boaters and we do that from April 15 through October 31 during all daylight hours or as limited by the park hours of the City of Shorewood that are 6:00 a.m. to 10:00 p.m. so as you can tell by that scope, those dollars and countless volunteer hours we are serious about protecting the water from new invasive species. We do this for the homeowners but we do it as well for the general public because in Minnesota all the waters are public waters. As very few invasions of invasive species are ever eradicated we know the prevention is clearly the better option than trying to control this cost once the species has gotten into the lake and the long term cost is only one piece of puzzle. The more important factor are the ecological damage as well as the impact to public recreation but going back to cost we are currently working through a grant with Hennepin County and we expect our request to come before the Shorewood City Council soon. Unfortunately we were informed that Carver County was turning down our request and that the City of Chanhassen was also turning down our request. At least per the staff recommendation that you heard today in the working session. I’m here to bring this to the attention of the council and the public. It seems to me that the City, that the Chanhassen residents on Christmas Lake. Sorry let’s start that again. Seems to me that the Chanhassen residents on Christmas Lake have a right to expect some level of support from our city. Is $5,000 the right amount? Well that’s up for debate but to provide nothing and saying that you can’t because the landing is in Shorewood just seems wrong. You can contribute to the program if not for the taxpayers, then for the sake of one of the lakes that makes Chanhassen such a great place. By providing no support it makes me wonder if the City should stop listing in Chanhassen’s lakes Christmas Lake. I respectfully ask that you reconsider our request for funding tonight as you address the staff’s prepared budget request and help us protect Christmas Lake. Thank you for listening. 8 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Okay you want to stand there just a moment Mr. Shneider. Joe Shneider: Sure. Mayor Laufenburger: Any questions of Mr. Shneider or comments? Councilmember Ryan. Councilwoman Ryan: So Mr. Shneider you said that you’re working out the number right now for, with Hennepin County? Joe Shneider: Yes. Councilwoman Ryan: What they’re going to contribute and they haven’t committed anything yet? Joe Shneider: Councilwoman Ryan we are in the final contract negotiations and it’s a $10,000 grant as requested. Councilwoman Ryan: Okay and any feedback? I know you’re still going before Shorewood. Joe Shneider: No but we didn’t have any indications that there wouldn’t be some funding for us. Councilwoman Ryan: And did you say, I’m sorry if I missed it, so at $86,000 Christmas Lake Association is paying for 50 percent of that? Joe Shneider: Yes. Councilwoman Ryan: And the Minnehaha Creek watershed is paying for the other portion? Joe Shneider: That had been the model in the past. Councilwoman Ryan: Okay. Joe Shneider: This year the watershed district is dropping their match capabilities so we were looking at a gap. Councilwoman Ryan: And that gap is what is per your request then? Joe Shneider: Yeah whether we can put, and obviously the dollars are negotiable. We just tried to get something that seemed to make some sense. Councilwoman Ryan: And why has Shorewood not supported the program in the past? Or have they? 9 Chanhassen City Council – April 10, 2017 Joe Shneider: Shorewood has not supported the program financially in the past but I would tell you they have been fantastic partners to us in terms of all the work that we do with them and the inspection program, the preparation of the landing. The installation of the gate that we use for control purposes and monitoring of the camera feed that we have. There’s a lot that we do with Shorewood directly just not direct contribution. Dollar contribution. Councilwoman Ryan: And who’s doing the inspections then? Joe Shneider: Well 2 years ago you may remember that we all collectively in the area lost the services of VOLT Temporary Services. At that time the Christmas Lake Homeowners Association requested support from Carver County because we thought they had one of the best run programs and their inspectors were terrific. Carver County turned us down at that point to even be considered even though we were funding the inspectors, they didn’t want to have the extra staff and it was because we’re a border lake. Those words, a border lake so at that point in time we had to go outside and arrange with a firm that many lake owners and cities in the area know which is Waterfront Restoration and they had not been in the inspection business and they did that, that first year just for us. It’s turned out that that has been a fantastic program. They’ve been a great company to work with and we are thrilled to be in our third year with them. Councilwoman Ryan: And so I’m guessing that, last question. I’m guessing then that the same response from Carver County on why they denied the $5,000 was because you’re a border lake or what was the reasoning at their Board meeting last week? Joe Shneider: You know unfortunately I got a notice about the Board meeting at the last second and I was not able to attend but I believe that it follows the line that we’ve had in the past with Carver County that the landing happens to be in Hennepin County and therefore we don’t have to worry about it. Councilwoman Ryan: Okay. But there’s no, Mr. Knutson is there any like legal precedent that why a city can’t support a lake if the landing is in another city or county? Roger Knutson: Mayor, members of the council. It’s within your discretion. Councilwoman Ryan: Okay. Mayor Laufenburger: So there’s, Mr. Knutson there isn’t a law or a statute that stipulates we must or must not? Roger Knutson: That’s correct. It’s within your discretion. Mayor Laufenburger: Alright, okay. Councilwoman Ryan: Okay, thank you. 10 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Thank you. Any other questions or comments? Mr. Campion. Councilman Campion: I have one. Joe can you comment on the hourly rate for your inspectors just as a comparison to what Carver County’s charging? Joe Shneider: Yes I’d be happy to. Thank you Councilman Campion. The rate that we’re paying is gosh, I want to say it is $24 something an hour which is higher than you pay from Carver County and it’s absolutely true so we’re working with a private company to supply this. I will tell you that we have had tremendous experience with them in terms of not missing a shift of inspection coverage and they do that by having an on call inspector at all times and a program where the inspector has to call in an hour before their shift and if they’re not going to be there then the on call gets called in. Now that may sound excessive to you but I can tell you that in the past, and Todd Hoffman will certainly know this that the experience that we had from VOLT Temporary Services when there was only one inspector scheduled, if they didn’t happen to show up you were out. There was simply no protection for the lake and if that happened to be on an evening or a weekend you couldn’t get a hold of anybody so the fact that we missed literally less than one hour of inspection coverage last summer, the entire summer is a testament to how well that program works but it is a more expensive rate with a private company rather than county staff. Councilman Campion: Okay. Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: And I’d be remiss if I didn’t ask this question. I know there was zebra mussels found in your lake. Can you just speak to where it’s at and? Joe Shneider: Yes Councilmember Ryan. We did a lot of work with the DNR, with the watershed district a couple years ago to try to stop the infestation that had just been found near the public access. All the work that had been done was unsuccessful but I will tell you that as a result of that really leading edge work at Christmas Lake the DNR has changed their protocols and quite frankly as a result of that change the infestation that you found last year at Lake Minnewashta may in fact have been eradicated as a result. And just to kind of put some meat behind that, what we did at Christmas Lake and this was not driven by the lake association but by the DNR is every time they found an infestation they would contain that area and treat that area. The reality is those zebra mussels move a little faster than the government process could do that and every time they were out farther than the containment zone so even though they killed everything in the containment zone, they had expanded so the learning from that was you do the, you treat the largest area you can politically accept and that’s what they did at Lake Minnewashta. Councilwoman Ryan: Thank you. 11 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Mr. Shneider, so the current status is zebra mussels are present in Christmas Lake, is that correct? Joe Shneider: Yes Mr. Mayor. They in fact there were so many on the dock and boat lift that I took out last summer that all of my rubber gloves got cut and I said that’s the end of me taking it out. This isn’t, gloves don’t work very well when they get cut. Mayor Laufenburger: So do you have any, it sounds like the Minnehaha Creek watershed district based on the funding that you’re looking for from other sources that you had not previously sought, it sounds like they cut it substantially. Did they eliminate it or did they just reduce it? Joe Shneider: No they gave us the heads up they were reducing it. Mayor Laufenburger: Okay did they tell you why they were reducing it? Joe Shneider: Their budget challenges. Mayor Laufenburger: Okay. Okay. So you currently have zebra mussels in Christmas Lake, that evidence of that so what do your inspections do? Joe Shneider: Well Mr. Mayor, the inspectors are looking for any invasives. The fact is that. Mayor Laufenburger: By the way both incoming and out going? Joe Shneider: Yes. Although the DNR protocols work more on the inbound side than the outbound side but at least on the outbound side you don’t want anything leaving Christmas Lake to go potentially infest any other lake. Mayor Laufenburger: Right. Joe Shneider: On the inbound side it’s all the known new species. The things we know are coming and I will tell you quite candidly the one that’s in Minnesota today that is now been found in 8 lakes in Minnesota that everybody better be worried about is Starry Stonewort. Starry Stonewort is an algae so you can see it so it will look like a week but it turns out that it’s an algae and it has, based on my own visual experience at Lake Coronas which has had it now for 2 years, it literally stops boating near the shore. It’s different than milfoil and milfoil can be very bad in terms of being able to have trouble boating through it. Starry Stonewort can go from the surface of the water down 12 to 15 feet and it’s just literally a wall. Fish don’t go through it and it has precluded homeowners on that lake from being able to get their boats into the water. It’s tougher to harvest. In fact they don’t have very good success harvesting it. That’s something you can do with milfoil. They have no chemical treatments that are working at this point in time and I’m 12 Chanhassen City Council – April 10, 2017 involved with the DNR and all the programs that are being piloted across the state to test for an effective treatment of that so it’s pretty nasty. It’s now in 8 lakes. It will come on the back of a trailer. On the bottom of a trailer. It can come between the boat and the trailer but our inspectors will be looking for that. And when you, so you ask what are we looking for? We’re looking for other invasive species. We also don’t want anything that we already have to come in in a different variety and what do I mean by that? You can have milfoil. Eurasian Water Milfoil. You can have hybrid milfoil these days. The hybrid milfoil is something we have a little bit of in Christmas Lake but not very much. The hybrids have morphed from the combination of milfoils and the treatments that have been done and they are harder to kill. They take more pesticides. More herbicides, thank you Todd. They take more herbicides to kill and they take different dosages so it’s really, it’s some pretty nasty stuff so we don’t want, we don’t even want another variation of the same thing we already have. We have some strain of zebra mussels in there today. We could get another strain that might not be as, that might not come from Minnetonka where we believe this strain came from. It might not act the same way so you don’t even want to get the same, another variation of the same species that you already have. Mayor Laufenburger: Okay. Any other questions or comments for Mr. Shneider? Mr. McDonald. Councilman McDonald: I have a question. You had mentioned that Christmas Lake is a border lake between two cities and two counties. What do I tell people at Lake Riley if they come before us because it’s the same situation there? Two cities. Two counties. How do I address that? If I go to Christmas Lake, have I just broaden my support of inspections? Joe Shneider: Councilmember McDonald. As a taxpayer I would say yes you do. If you’re not willing to support your taxpayers I’m not quite sure what the program is. If you’re only willing to support those lakes that are completely contained within your city limits, you know that’s a model but it’s certainly not very supportive of the citizenry. Mayor Laufenburger: But Mr. Shneider you know that’s not the policy that we have. It’s not a lake that is totally within our borders. It’s the lakes where we operate, we as a City operate the launches or the landings for those lakes, you understand that right? Joe Shneider: Mr. Mayor I apologize yes. That’s correct. Mayor Laufenburger: Okay. Councilman McDonald: Okay. Mayor Laufenburger: Well Mr. Shneider thank you for appearing before us. Any other questions of Mr. Shneider or staff? Okay, thank you very much. Joe Shneider: Thank you. 13 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: So we have before us a recommendation from City staff and that recommendation is as Mr. Hoffman prepared it. I’m looking for any kind of comments, discussion or motion. Mr. McDonald. Councilman McDonald: I’ll make the motion that the Chanhassen City Council approves the 2017 specialized services agreement with Carver County for watercraft inspections at Lake Ann, Lake Susan and Lotus Lake in an amount not to exceed $55,498.90 for a maximum total number of watercraft inspection hours not to exceed 3,695 hours. Mayor Laufenburger: Alright we have a valid motion. Is there a second to that motion? Councilwoman Tjornhom: So moved. Mayor Laufenburger: Thank you very much Councilwoman Tjornhom. We have a motion and a second. Any discussion? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: I’d like to make a couple comments here. First I was surprised that you know, if there’s been conversations between Mr. Shneider and Christmas Lake and staff, that their request for $5,000 I wish that would have been presented to council before just now. And I do believe that you know Chanhassen is interesting in the way that it’s set up when you look at you know our tax base and how it goes to different areas. I mean for example you have Chanhassen residents that go to a high school in Minnetonka. You have Chanhassen residents that have mailing addresses of Excelsior and Chaska but they’re still Chanhassen residents and I see this similarly. Although I hadn’t thought about it tonight but I do see this similarly to we have a lake that is in partially in the confines of the city of Chanhassen. It just so happens that when they built the launch it was built in Shorewood and I would say the same thing for Lake Riley. If those residents are looking for support from the City I think it is, if this is a program that the City supports then we should support all the lakes that are in the city, not just where the actual launch is. You know we prepare and plan for the future and I know the argument can be well zebra mussels are already there. We prepare and plan for Emerald Ash Borer. Emerald Ash Borer isn’t here. It’s not even right next door in our neighboring city yet we are preparing and planning for Emerald Ash Borer to come to the city and we’re supporting it with taxpayer dollars so I think you know when I step back and I look at our overall program and the amount of money that is being spent for it, I do support contributing some money in support of Christmas Lake. It’s $5,000 going towards the rest of this program and it supports a significant tax base and residents in our city so I will be voting no to that motion because I do support contributing that $5,000. 14 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Councilmember Ryan you’re speaking in support of, it sounds like you’re speaking in support of making a change to this motion. Do you want to make that in the form of an amendment at this time or is that not your interest? Councilwoman Ryan: Well Mr. McDonald made the motion so. Mayor Laufenburger: Yeah so we have a standing motion and the motion reads exactly as Mr. Hoffman read it but it’s absolutely appropriate procedure if you would like to make, to move an amendment against the motion. Am I saying that correctly Mr. Knutson? Roger Knutson: You can make. Mayor Laufenburger: Yeah you can make a motion to amend that motion. Councilwoman Ryan: Okay. I would like to make a motion to amend the proposed motion by adding $5,000 of support for the Christmas Lake Association. Roger Knutson: Mayor just to be clear, we’d need a contract with them for that. You’d probably, because you want to make sure that what they’re going to do with the money and if they don’t use it it comes back to you so I’d assume you’d want a contract with that. Mayor Laufenburger: Let’s deal with it this way. Councilmember Ryan is proposing an amendment to contribute $5,000 to the Christmas Lake Association for purposes of inspections, is that correct? Councilwoman Ryan: Yeah. Mayor Laufenburger: Okay we have that as a motion for an amendment. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Okay we have a motion and a second to modify the proposed motion by adding $5,000 for purposes of inspections on Christmas Lake. Okay? We have a motion and a second. Is there any discussion? This discussion is specifically related to the amendment. Councilman Campion. Councilman Campion: Yeah so I was also surprised by their request tonight so it was a lot to process on the spot. Hearing the rate that they’re paying for the inspections you know I wish we had more time to consider this and ask that Carver County reconsider providing their inspectors for this service so we would get more bang for the buck but yeah it’s hard to deny the request of residents of Chanhassen to provide services to their lake that we’re providing to others. 15 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Okay, any other discussion? Alright there being none the amendment is to add $5,000 to the proposed motion for purposes of conducting inspections at the Christmas Lake launch. Councilwoman Ryan moved, Councilman Campion seconded that the City Council approves an amendment to the motion made by Councilman McDonald and seconded by Councilwoman Tjornhom to add $5,000 for the purpose of conducting watercraft inspection services at the Christmas Lake boat launch. Councilwoman Ryan and Councilman Campion voted in favor. Mayor Laufenburger, Councilman McDonald and Councilwoman Tjornhom voted against the amendment. The amendment failed with a vote of 2 to 3. Mayor Laufenburger: That motion fails, the amendment fails so we’re back to our proposed motion. Is there any further discussion on the proposed motion? Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves the 2017 specialized services agreement with Carver County for watercraft inspections at Lake Ann, Lake Susan and Lotus Lake in an amount not to exceed $55,498.90 for a maximum total number of watercraft inspection hours not to exceed 3,695 hours. All voted in favor except Councilwoman Ryan and Councilman Campion who opposed and the motion carried with a vote of 3 to 2. Mayor Laufenburger: That motion carries 3-2. Thank you very much. Thank you Mr. Shneider. Next item on our agenda, Item F is under public hearings. Item number 1. Lake Susan Hills Rehabilitation Project 17-01. Laurie Susla: Mr. Mayor I know I’m interrupting, I apologize. I wasn’t quite sure if I should get up during the public speaking or, in relation to this. Mayor Laufenburger: That item is behind us. The opportunity to speak. Laurie Susla: I totally understand. This is additional AIS question which is why I didn’t want to come up prior to right now. Mayor Laufenburger: Well. Laurie Susla: If you’d like me to speak at another meeting I’m happy to do that. Mayor Laufenburger: Yeah visitor presentations would be an appropriate time to do that then. Laurie Susla: I wasn’t sure which way that would go. Alright, thank you. Mayor Laufenburger: Okay, alright. 16 Chanhassen City Council – April 10, 2017 PUBLIC HEARING: LAKE SUSAN HILLS REHABILITATION PROJECT 17-01: ACCEPT BIDS AND AWARD CONTRACT; ASSESSMENT HEARING. Mayor Laufenburger: Do we have a staff report? Is it Mr. Oehme, is this your’s? Paul Oehme: It is. Mayor Laufenburger: Welcome Mr. Oehme. Paul Oehme: Thank you Mayor, City Council members. This is the consider approval of the Lake Susan Hills project and resolutions. The agenda for tonight is to discuss the background of the importance of the project. The needs. The need for the project and scope of the project. We’ll review the cost and financing of the project. Talk briefly about the schedule that’s being proposed and then I’d request that a hearing also be opened on the project for the assessments. The project as proposed is Lake Susan Hills neighborhood which consists of approximately 1.9 miles of residential local streets. This includes Lake Susan Hills Drive, a portion of Heron Drive for about a block and then 9 cul-de-sacs in the neighborhood which include Ibis Court, Mallard Court, Thrush Court, Kingsfisher Court, Tern Court, Merganser Court, and Pelican Court and Egret Court as well. So that’s the limits of the project. The streets in this neighborhood were constructed between 24 and 30 years ago. They’ve been sealcoated a minimum of 3 times the last being in 2005. Some spot overlays have been, have taken place in the north section of project. Lake Susan Drive area just because of the pavement conditions were so severe that in 2002 the City staff did a little a mill and overlay or just a mill, or just an overlay of the project to try to keep the streets together. Back in 2011 approximately 1,000 feet of draintile was also installed in Flamingo Drive. That was to try to pick up some of the drainage and the sump pump water that was discharging onto the road. We had a severe icing problem on Flamingo Drive in 2010 I believe and to try to address that we installed about 1,000 feet of draintile for that. Staff or city public works department as ongoing practice of patching and repairing the potholes as they come up but over the years they’ve been getting worst and worst. The City does inspect the streets annually and we have a pavement condition index that rates our streets. These streets have been rated anywhere between about 30 and 65 on a scale of 0 to 100 so this condition of the streets warrants that some rehabilitation be completed at this time. The sanitary sewers in this area have been televised and the sewer pipes themselves are in fairly good condition, although there are some repairs that are recommended with the street project and then there’s only been one documented watermain break in the neighborhood. However there are some gate valves and hydrants that should be replaced at this time as well so just a real brief discussion on the utilities that are warranted for repairs at this time. So watermain hardware such as the gate valves and some services, hydrants, about 2 dozen hydrants that need to be replaced. Gate valves and some of the gate valves do not work at this time and also are recommended to be replaced. The sanitary sewer pipe like I said was in good condition. However some of the manholes and some of the structures that are out there servicing the manholes are in poor condition. Have some I and I problems which we’d like to repair with the project as well. And then there are also some 17 Chanhassen City Council – April 10, 2017 storm sewer manhole structures that are in disrepair. The rings have fallen apart and some of the structures should be replaced as long as the streets are being improved. There are additional areas within the neighborhood that should have draintile installed as well. Talking to the residents and what visual observations we’re estimating we should add about 1,200 linear feet of draintile to this neighborhood. A majority of the tile installation will be on Ibis Court. Most of the cul-de-sac here would have tile around the cul-de-sac and then along the east side of the road. The sump pump discharges are mainly on this side of the road as well so the tile would help pick up some of that water as long as the property owner does a connection to that draintile so there is some legwork that that property would have to do to make that soft connection. Also another big area that we’ve identified for sump pump discharge onto the road is on Pelican Court. It’s shown here so there’s a tile that would connect into a storm sewer manhole along Lake Susan Drive. Lake Susan Hills Drive and then extend up to Pelican Court to pick up some of that drain, that sump pump water and backyard drainage that ends up on the street and freezes in the wintertime and causes some safety issues. And then there are also some areas along Flamingo Drive just south of Kingfisher Court and then Lake Susan Hills too there’s some additional draintile that would be, is requested to be installed to pick up some of the sump pump water discharging onto the streets. After the utilities are completed and the draintile installed the streets would be redone so the scope of the work here would be to fully mill up the streets. The full depth of the asphalt that’s currently out there. We would remove about 4 inches of that milled material. We would check the subgrade for any soft spots. Fix those soft spots and then repave the road with 4 inches of bituminous roadway, bituminous pavement. The roadway width would stay the same. The road does, is curb and gutter out there so we’re not proposing to widen the road with this project. There are some spot curb repairs that we’d like to make as well and then some sidewalk along Flamingo Drive and Lake Susan Hills Drive too. There’s some sidewalk panels that we should be replacing and upgrade the ramps at the curb cuts to ADA designs. With that staff has looked at breaking the project into 2 phases. We don’t want the contractor to just go in and mill up and completely tear up all the streets at one time so we’d like to phase the project in so first phase would be to make a lot of the repairs of utilities. Replace the curb and gutter. The sidewalk. Put in the draintile and then under phase 1 would be to mill up the streets especially along, which is mainly on Flamingo Drive and the cul-de-sacs associated with that. Mill up those streets. Repave the streets and then once that section of the road is repaved then we’d ask the contractor to work on phase 2. Milling up the streets and repaving that section of road so not all the streets again are tore up at one time. In conjunction with these larger street projects staff has proposed bid alternates in the past to take advantage of some of the bidding environment with these larger projects. We typically we get better pricing with adding some of these smaller projects to larger projects. The projects being proposed under these bid alternates are too big for city staff to complete in house and we would have to farm these projects out if necessary but the 3 bid alternates include, first one is the replacement of about 1,000 linear feet of curb and gutter in the Trappers Pass neighborhood and installing draintile at spot locations as well in the Trappers Pass area. This neighborhood is not slated to be for street rehabilitation in the near future. However staff feels that with the curb situation, some of the sump pumps discharging on the road and some of the safety issues that we identified warrants some work in this neighborhood at this time. The second bid alternate is to overlay the park facility at Powers Hill 18 Chanhassen City Council – April 10, 2017 Park which is right adjacent to our street project. The parking lot and the basketball court have gravel surface. The pavement itself is okay, is decent but the pavement surface is very rough and should be overlaid at this time so with this alternate it was to pave over the parking lot and the basketball court 1.5 inches of asphalt to give the pavement a better surface to play on and to park on. The third alternate is to redo the parking lot at Fire Station 2 which is off of Minnewashta Parkway just south of 7. Highway 7. The pavement on this site is in very poor condition. We have some drainage problems along the building at the garage base here so the valley gutter and some of the apron, the concrete work would be replaced and then the pavement in the parking lot would also be redone at the same time as well so those are the 3 alternates that were bid out with th the project. Bids for the project were taken on February 16 at 2:00 and the City did receive 7 competitive bids. Staff did check for errors in the bids as well and the low, lowest responsible bidder was Northwest Asphalt. Northwest Asphalt has completed projects for the City in the past and their work has been acceptable. With that the cost and the financing, staff the City did budget for this project in the 2017 CIP. The proposed funding is shown here with appropriate funding sources so the revolving assessment would pay for the street improvements and the bid alternates, storm water management fund would pay for the draintile. The storm sewer improvements. The water utility fund would pay for the gate valve improvements and the hydrants and some of the other watermain improvements associated with the project and the sanitary sewer would pay for the manholes and that’s one of the other sanitary sewer improvements necessary for the project. With a total cost with indirects of a little over $1.134 million dollars. With street improvement projects the City does have an assessment practice. That practice is to assess 40 percent of the street improvements back to the benefitting property owners. Staff did look at all the unit costs associated with the project and look at what are the benefitting costs for the properties in the Lake Susan Hills area. Benefit costs again are not, bid alternates do not include, are not included in the benefitting costs for the assessments for the neighborhood so the total cost for the benefitting property owners in this area is $825,713.99. With that 40 percent of that cost would be proposed to be assessed back to the benefitting property owners in the amount of $330,000 approximately and there’s 187 units or houses in this neighborhood that calculates out to a little over $1,766 per unit. The preliminary estimate for these assessments back in January was about $2,400 so the City did receive good bids on the project. The proposed assessment rate is over 8 years at 6 percent interest and this is a typical assessment term that the City has used for other rehabilitation projects in the past over 8 years. The 6 percent interest rate is calculated by using the prime rate which is currently at 4 percent and the City does add on 2 percent of handling costs for administration for the project so that’s how the 6 percent interest rate is calculated. And with that if there’s any questions I’d be more than happy to try to answer them but I would ask that an assessment hearing be held at this time and public testimony be given. Property owners should be reminded that if they wish they must file a written objection with the City either prior to or during the assessment hearing. Objections after the assessment hearing are invalid and at this time no written objections have been received by the City. With that if there’s any questions by the council. 19 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Alright thank you Mr. Oehme. Before we open the assessment hearing let’s just see if there’s any comments or questions for staff from the council. Any questions? Mr. McDonald you have a question? Councilman McDonald: I have a question. Mr. Oehme where is the Trappers Pass project at? I mean the only Trappers Pass I know of is over by Lotus Lake. Is this outside of the? Paul Oehme: Yep. It’s outside the project, the main project. The base project area so we add on you know in the past we’ve added on trails. Sections to our street projects just to try to get better pricing. This year we’re looking at repairing curb and gutter and adding tile in other neighborhoods to the larger project and again the scope of the Trappers Pass neighborhood would not be, is not part of the assessment methodology or the scope of that project. It’s kind of a separate project onto itself but we like to bid out these projects to try to get better pricing. Councilman McDonald: Okay I was just wondering because you’re in one area and then all of a sudden I’m going that’s way on the other side of town. Paul Oehme: It is yep, exactly. Councilman McDonald: Okay thank you. Todd Gerhardt: Mayor, council. Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: When you bid projects out like this, if we get a good unit price per foot we try to go into other neighborhoods and correct situations so this is a troubled neighborhood where it comes, where we have a lot of sump pump discharge and by fixing the curb we get proper drainage and then putting the tile, the sump pump can connect to it and then get into the storm sewer system similar to Councilmember Ryan’s neighbor had a sump pump discharges out in her staff and she has an ice rink so same thing’s happening in the Trappers Pass. Mayor Laufenburger: Okay, alright. Any other questions or comments? Councilmember Ryan. Councilwoman Ryan: This is just actually a follow up to Councilman McDonald’s question. So the, when you do the bid alternatives it’s not only to get the cost of the smaller project at a lower price but does it also bring down the cost of the large project then? So then the, obviously the overall project is less but. Todd Gerhardt: You have some mobilization. You know they have to pick up their machine and drive it over to the Trappers Pass neighborhood but they’re within a couple of miles of each other so it’s not that dramatic. You know if they can do more in a close proximity they might give you a lower unit price for that. 20 Chanhassen City Council – April 10, 2017 Councilwoman Ryan: Okay. Okay thank you. Mayor Laufenburger: Any other questions or comments? I have a couple Mr. Oehme. This bid alternative, is this a practice that we’ve done for many, many years? Paul Oehme: We have added bid alternates to other projects in the past correct. Mayor Laufenburger: And you’ve identified three. Trappers Pass, Power Hill Park and the fire station. If these were not included as a bid alternative would our practice be to assess these in any way or does this work not qualify for assessments? Paul Oehme: Typically we would not assess for any of those alternates. Mayor Laufenburger: Okay so the only thing that’s really being considered for assessment is the street work in Lake Susan Hills and Flamingo. Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Todd Gerhardt: Mayor just one point to that. Mayor Laufenburger: Go ahead Mr. Gerhardt. Todd Gerhardt: In the past if a neighborhood does have curb we do not assess them for replacement of that curb. That’s what our storm water fees are for. Mayor Laufenburger: Okay. And Mr. Oehme this two phase approach of first phase being Flamingo, the second phase being, are you confident that the contractor can complete both of those within the timeframe and not interrupt specifically school bus traffic and stuff like that? Paul Oehme: Right. I think we can. Actually I breezed past the schedule. The schedule if it was be approved tonight the contractor right now is slated to start right after school is over with so the, I think it’s the second week in June. We haven’t met with the contractor yet to get an exact date when they would start but we have confidence that the contractor can start in June and then be completed by the end of August so we gave the contractor some working days. Working day limits for each of those phases so he has to meet, once he starts in that project area and that phase he has to be completed within such and such amount of days. Working days. Mayor Laufenburger: And the completion of the project would include that final wear course or would that be done next spring? 21 Chanhassen City Council – April 10, 2017 Paul Oehme: It would be done this year. Mayor Laufenburger: So it will be a complete redo. Paul Oehme: Yep. Mayor Laufenburger: And finished product assuming weather cooperates. Paul Oehme: Exactly. Mayor Laufenburger: It will be completed before State Fair. Paul Oehme: Exactly, restoration will be completed too. We’ll have some sod going back in there too with the curb that we remove. Mayor Laufenburger: Okay. Mr. Oehme just can you clarify for us. I know that there was, this came before the council earlier regarding the work that was going to be done. Can you talk about some of the input that you got from the neighbors and how that affected the specifications of the project. Can you talk a little bit about that? Paul Oehme: Absolutely. So I mean we’ve early on in the project phase we asked the property owners if there was any issues with their streets or their sewer systems or water or anything like that so we’ve actually went into I think about a dozen homes and televised their sanitary service out to the road and found out if there’s any issues there so we offered that service and put that into the scope of the project. The draintile issue was the main thing that I think the City staff had heard from the property owners that they wanted in specific areas especially on like Ibis Court where there is a lot of sump pump discharge onto the road. So we’ve worked with the property owners identifying where some of that tile should be going into the appropriate locations as well so it’s those type of things that we’ve talked about. Some sidewalks that people had some concerns about and also some curbs too so we found out some information from property owners about those issues too and added those things into our scope of work as well. Mayor Laufenburger: So regarding the sump pumps where presently they’re discharging them, discharging the sump pump water onto the street. Will all of those, all of those homeowners be given an opportunity to discharge their sump pump into this draintile so the water doesn’t go into the street? So we don’t have hockey rinks like Councilmember Ryan has in Shadow Court. You like hockey rinks? We don’t like them on our streets though. Councilwoman Ryan: Just not on the street. Paul Oehme: So yeah I mean. Mayor Laufenburger: You’ll offer that to them. 22 Chanhassen City Council – April 10, 2017 Paul Oehme: Exactly so all we ask of the property owners is that they come in for a no cost permit so that we know that they’re hooking up and then they follow our standard detail on how we’d like to have that connection from their sump pump line into our draintile. Mayor Laufenburger: So you give them some counsel on what’s, advise them on the best way to do that. Paul Oehme: Exactly. Mayor Laufenburger: Okay, alright. Okay. Councilmember Tjornhom yes. Councilwoman Tjornhom: This is an engineering question. Mayor Laufenburger: Oh my. Councilwoman Tjornhom: I know. If you go back to the Trappers Pass or that neighborhood. We are not assessing them because we are just fixing their curb, correct? Paul Oehme: Correct. Councilwoman Tjornhom: So when are they due to have their streets milled and overlaid or resurfaced, that type of schedule? Paul Oehme: Yep. So I don’t have the schedule in front of me. I know it’s out past 5 years right now. Councilwoman Tjornhom: Because do we have to redo these curbs then? Paul Oehme: No. Typically when we redo a curb they’re going to be there for 20-30 years. Councilwoman Tjornhom: And of course I’m sure you knew that but I guess it’s for my. Paul Oehme: Yeah, no that’s fine. Councilwoman Tjornhom: My own edification knowing what… Paul Oehme: So we’re not, once we do a street project in Trappers Pass we’re not replacing that curb unless it has some defect or has some problems with it again but typically that curb should last another 30 years and Trappers Pass we're looking at you know rehab down the road like I said past 5 years and we’re not going to be replacing or removing all that curb so it’s, we’re not wasting our money now if we make those improvements. 23 Chanhassen City Council – April 10, 2017 Councilwoman Tjornhom: Okay. Todd Gerhardt: Paul getting the water off the road with the draintile and having the homeowners hook up to that draintile may even sustain the life of the existing street. Paul Oehme: Right, yeah exactly. If you can get the water off the street and out of the subgrade you know you’re going to have a stronger pavement section. That road should last a little longer. Mayor Laufenburger: Alright, well thank you Mr. Oehme. At this time I would like to open the public assessment hearing on Lake Susan Hills Rehabilitation Project 17-01. If there’s anybody present this evening that would like to speak on behalf of or against or has any questions regarding the assessment hearing, now would be a time to do that. Just a reminder, as Mr. Oehme indicated, if you would like to raise an objection regarding the assessment, that objection would need to be in our hands before the conclusion of this assessment hearing. There being nobody coming forward I’m going to close the assessment hearing on Lake Susan Hills Rehabilitation Project and bring it back to the council for discussion and/or motion. Council members, any comment? Councilwoman Ryan: Mr. Mayor I’ll make a motion please. Mayor Laufenburger: Councilmember Ryan, excuse me. Thank you very much. Councilwoman Ryan: I’d like to make the motion that the City Council adopts the attached resolution accepting the bids and awards the contract for the 2017 street rehabilitation, Lake Susan Hills area Project 17-01 to Northwest Asphalt in the amount of $1,048,660.92. The City Council adopts the assessment role and resolution for the 2017 street rehabilitation Lake Susan Hills area Project 17-01. Mayor Laufenburger: Okay we have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Councilmember McDonald thank you. Any further discussion at this time? Mr. Oehme can you just clarify? The assessment amount $1,766.23 for each of the 187 properties, is that the final number or is the final number determined after the project is completed? Paul Oehme: That is the final number. Mayor Laufenburger: That will be the final number okay. $1,766.23 for each of the 187 benefitting properties. Alright. 24 Chanhassen City Council – April 10, 2017 Resolution #2017-22: Councilwoman Ryan moved, Councilman McDonald seconded that the City Council adopts the attached resolution accepting the bids and awards the contract for the 2017 Street Rehabilitation (Lake Susan Hills Area) Project No. 17-01 to Northwest Asphalt, Inc. in the amount of $1,048,660.92. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2017-23: Councilwoman Ryan moved, Councilman McDonald seconded that the City Council adopts the assessment roll and resolution for the 2017 Street Rehabilitation (Lake Susan Hills Area) Project No. 17-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5-0. Thank you very much. Todd Gerhardt: Mayor just a quick point. Mayor Laufenburger: Go ahead. Todd Gerhardt: We are sticking to our policy of 2 percent above prime if property owners decide to have the property, the improvements assessed against their property so that would be 6 percent over 8 years. Mayor Laufenburger: And of course property owners can, if they choose to pay it in advance in one lump sum they can do that as well, is that correct? Todd Gerhardt: That is correct. Do you know the deadline on that payment? Paul Oehme: It’s, I think it’s October timeframe. It’s in the letter that we sent out to the property owners so they know. Mayor Laufenburger: Essentially it needs to be paid before tax statements go out for the following year… Paul Oehme: Exactly, before we submit. Todd Gerhardt: Certify the assessments. Paul Oehme: At the county level. Mayor Laufenburger: Okay, alright. Alright. PUBLIC HEARING: PARK ROAD/PARK PLACE STREET REHABILITATION PROJECT 16-04: APPROVE PLANS AND SPECIFICATIONS, AUTHORIZE ADVERTISEMENT FOR BIDS. 25 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: I’m guessing we have a staff report Mr. Oehme. Paul Oehme: Thank you Mayor, City Council members again. This project is proposed, it’s a collector roadway that is in our commercial district area. Mayor Laufenburger: You want to hit a 5 on that? Paul Oehme: Oh I will, sorry. So with this agenda item I’d like to just talk briefly about the proposed project, the scope and the need for the project. The project history. We’ll talk about the utilities that we’d like to see proposed with this project. Cost and financing of the project. We’ll review the schedule and then I’d like to ask that a public hearing be opened for the project as well. So this project is Park Road. Park Road is inbetween Audubon Road and Powers Boulevard, just south of Highway 5. It’s about .8 miles worth of street. It also does include Park Place which is a cul-de-sac. The proposed improvements are more or less a mill and overlay of the project. The streets. The paving condition in this area is such that warrants an overlay. You can see the pavement condition index here which are anywhere between 71, which is a little bit high based upon some improvements that were, spot patches that were made and then down to 47 and 48 which is again it’s in the rehabilitation category. There is a lot of longitudinal cracking that’s going on. There’s some heaving of the pavement alligatoring and there is also some potholes that are prevalent along the corridor as well. Curb and gutter would be repaired along with the project. There is a sidewalk on the south side of Park Road and it needs some repair as well so some of the panels would be replaced. The street was constructed in ’82 and ’87 and the last time the street was sealcoated was in 2005. The project was originally proposed back in 2016 but was delayed because the culvert for Riley Creek, there was no bonding money available at that time just because of the, there was no bond. State bond bill that was passed at the legislature last year. Council did authorized the preparation of the plans and specs last year but we were going through the process now to take the project through to final completion. The utilities that are being proposed, we did review the watermain in this area. There is no historical breaks in this area. However some of the gate valves should be repaired. The utility department in-house is planning to replace several of the hydrants before the street contractor comes in and completes the roadway improvements. There are some catch basins that we’ve identified that should be replaced and are starting to fall apart and some of the castings as well. The sanitary sewer was televised in 2015 and the sewer overall is in fairly good condition. There are some castings and some manholes that we’d like to replace just because it’s I and I that has been identified in the street. As I mentioned the Riley Creek culvert was, is proposed for replacement at this time. The culvert was originally constructed in we think 1950. Poured in place. However the concrete is starting to fall and deteriorate and some of the rebar along the vertical walls is starting to show and deteriorate and rust out now. The floor of the culvert is eroded away and it’s starting to undermine some of the walls of the culvert as well. The culvert is inspected annually with all of our other bridges in the community and has been recently rated as structurally deficient so we request that this culvert be included in the project as well so. The State is looking at bonding for bridge replacements this year so we are in line to get some of that 26 Chanhassen City Council – April 10, 2017 money if the bonding bill is passed this spring. The estimated cost for the project is a little over $1.139 million dollars. The bulk of the project would be fronted by the municipal state aid funds that we receive annually from the State through the gas tax. The revolving assessment cost is for the Park Place cul-de-sac. That’s not in our MSA system so we have to pay that, fund that through our normal revolving assessment funds. We do include a 5 percent contingency and 10 indirect cost to cover some of the ancillary costs associated with the project such as soil borings and engineering inspections. With all street projects the City practices to assess benefitting property owners for the improvements at a 40 percent rate. The roadway benefit for Park Place is calculated at, when you exclude the culvert and some of the storm sewer and some of the ancillary things associated with the project is almost $600,000. The assessment practice is to assess that amount back to the benefitting property owners so that calculates out to $238,536. There are, this is a little bit of unique assessment roll compared to say a local street improvement for residential. We use an area calculation for trying to find out benefit and area cost. It’s a similar practice that we used in our commercial areas such as the downtown project when the streets in that area were improved several years ago. So using the 85 acres of property and the $238,000 worth of proposed assessments I come up with a rate of $2,802 per acre, and again this is an estimate right now. We haven’t gone out for bid on the project. This is just our best estimate right now. Once we, if we go out for bid we’ll adjust the assessment cost rate accordingly what we receive from the competitive bid process. Like with the other Lake Susan Hills project the property owners could put the assessment on their property taxes and the terms are proposed again for 8 years at prime rate at the time of bidding plus the 2 percent of carrying costs that the City incurs for these type of projects so right now the prime rate’s at 4 percent so it’d be 6 percent if that’s true at the time of bidding. With that if the project were to move th forward tonight we’re looking at a bid opening at around May 9 of this year. Approve the bids th and the assessment would take place in June 26 and we would start the project in the fall. We’re looking at about a September, second or third week in September start time and a substantial completion would be fall which would be probably about November. We still are talking to our contractors about those dates yet but that’s our tentative schedule. This is not a residential area so we don’t have to worry about busing for public schools and we feel that bidding the project out in the fall we’ll have some competitive bids at that time because this is a more lenient project. With that if there’s any questions I’d be more than happy to answer them. Mayor Laufenburger: Okay council members questions? Councilmember Ryan. Councilwoman Ryan: I do have a couple. First just for clarification purposes you said that the interest rate is 6 percent but in the packet it says that it’s at 5 and three quarters. Paul Oehme: Yeah I think when the packet went out, I think we were estimated the prime rate at a different amount so it’s, right now the prime rate’s at 4 percent so our estimate right now would be 6 percent. Councilwoman Ryan: Okay so when is that final when it goes out to bid or when it actually, when we accept? 27 Chanhassen City Council – April 10, 2017 Paul Oehme: We’ve, the prime rate’s been stuck at 3 ¼ percent for so many years we haven’t had this issue before so I would recommend when we go out for bid because then we know what the interest rate is and then we can let the property owners know what the assessment amount is at that time and then also the interest rate that would be proposed so. Councilwoman Ryan: So is that our policy though? I mean just so it’s not like well maybe it’s this or you know obviously interest rates fluctuate so the policy is that when we put this out to bid and we say that we look at the prime rate at that point and then it’s 2 percent above and that’s what it’s going to be. Mayor Laufenburger: Is it when you put it out to bid or award the bid? I mean in the one just right before this, we are essentially awarding the bid to Northwest right? Paul Oehme: Right and when the time that project was bid out the prime rate was at 4 percent. Mayor Laufenburger: Oh okay. Well I think Councilmember Ryan’s question is in order and that is when do you decide. Councilwoman Ryan: I mean I had called Mr. Sticha on this and I believe he said when the bid is awarded, that that’s the final. Mayor Laufenburger: Which is the case tonight with the number one. Paul Oehme: With number one right which is consistent so. Councilwoman Ryan: Okay so this is just an estimate anyways right now. Mayor Laufenburger: Yeah it’s an estimate because we don’t know. You’re looking at awarding the bid in June, is that right? Paul Oehme: Correct. Mayor Laufenburger: So if prime goes down or goes up it’s not like we’re. Todd Gerhardt: They’re threatening to raise again. Councilwoman Ryan: Right. Todd Gerhardt: So you know in the past we’ve never worried about it because it stayed consistent and then we had the discussion today, you know it went up to 4 and Paul used 3.5 and so when was it? We never really had a policy because the rate always stayed the same and prior to that it was always 8 percent and then I want to say it was probably 3 years ago we made the 28 Chanhassen City Council – April 10, 2017 decision to take whatever the prime is plus 2 percent but we never talked about you know prior to awarding bid or during the assessment hearing. Roger Knutson: I mean Mayor and members of the council, when you have to do it is when you adopt, at the time you adopt the assessment roll. You can do it earlier but that’s. Councilwoman Ryan: Okay so it’s when you adopt the assessment roll that can be, is the final? Roger Knutson: Yeah that’s when you have to make your decision. Todd Gerhardt: Well I’d just like to make sure that we’re consistent when we communicate whatever the interest rate is with the public because these discussions have been going on for probably a good 4 months at least. Paul Oehme: And we typically have a neighborhood meeting prior to an assessment hearing so it’d be nice to let the property owners know what the interest rate is at that time versus it could change at the assessment hearing. People would be a little confused about what the interest rate would be. Mayor Laufenburger: Mr. McDonald. Councilman McDonald: Yeah 3 years ago when we discussed this if you set the rate now you could be costing the City money because the 2 percent was put in there to cover all of our administrative cost so the intent should have been at the time that we set the assessment, that’s when everything gets locked in. If you do it before if it goes up then that eats into the City’s 2 percent. Paul Oehme: Right. Councilman McDonald: If it goes down we would lower it anyway because we’re only trying to collect 2 percent above prime. Paul Oehme: Yeah staff’s comfortable with locking it in at the time of the assessment. Todd Gerhardt: So when we communicate to the public we should be giving ranges prior to the assessment hearing. Mayor Laufenburger: Mr. Gerhardt let’s do this. I’d like to direct staff to examine how is that other cities do this and let’s establish a practice for sure and a policy if necessary but I think the council is asking make sure we do this consistently the same all the time. If it’s at the time of the bid being let out or when it’s awarded or when the assessment hearing but let’s just establish a practice that can be repeatable and clearly defendable so council are you comfortable with that? 29 Chanhassen City Council – April 10, 2017 Councilwoman Ryan: Yes. Mayor Laufenburger: Okay so that doesn’t require action by the council but just and then if you can come back to us with your findings and then council will review that. Okay let’s come back to this project. Any further questions on this project? Councilmember Ryan, sure. Councilwoman Ryan: Yep just two more please. Mayor Laufenburger: Please. Councilwoman Ryan: In looking at the map with Park Place being at 71, what was Park Drive? Why was that not part of this project? Paul Oehme: Park Drive is in better condition. That was sealcoated, I think it’s about 4 years ago. The road that goes up to Highway 5, is that what? Councilwoman Ryan: Yes. Paul Oehme: So that’s one a little bit better condition than Park Road. Councilwoman Ryan: Okay. Paul Oehme: So that’s why we did not include it. Councilwoman Ryan: Okay. And at the end of Park Place is the public works facility, right? Paul Oehme: Right. Councilwoman Ryan: And so we don’t assess ourselves or? Paul Oehme: We do yeah. That’s actually part of the assessment roll so we charge ourselves for the assessment just to be consistent with how we assess other properties in the project area. Todd Gerhardt: So we take that out of the total assessment what we would assess ourselves by the area so it’s fair to everybody else that we pay an equal share. Councilwoman Ryan: Okay. Just because when you look again just for people are looking at the document, you know we’re not on that list so I wanted to make sure that it’s clear on the assessment practice what. Mayor Laufenburger: Actually we are on there. Paul Oehme: We are on the assessment roll. 30 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Item number 20. Paul Oehme: Right exactly. Councilwoman Ryan: Oh I’m sorry. Mayor Laufenburger: City of Chanhassen. Paul Oehme: Yeah we have 2 parcels actually that we own. Mayor Laufenburger: 20 and 25. Councilwoman Ryan: Okay I apologize. I didn’t see that in there. Todd Gerhardt: Yeah and we don’t own the empty lot inbetween the public works and Park Road. That’s PMT owns that lot off of Park Place. Councilwoman Ryan: So the one just south. Todd Gerhardt: The public works building. Councilwoman Ryan: Okay. Todd Gerhardt: That was for their future expansion. Mayor Laufenburger: Anything else Councilmember Ryan? Councilwoman Ryan: No that’s it, thank you. Mayor Laufenburger: Anybody else any other questions? Paul I’ve got to ask about this culvert. Paul Oehme: Okay. Mayor Laufenburger: How are you going to pay for the culvert? Paul Oehme: So that, it’s state aid eligible for replacement so our MSA dollars, the state aid gas tax money can pay for the culvert. We’re hoping that a bonding bill will be passed this year that includes bridge bonding and we’re in line to get some of that bridge bonding money if it’s available so. Mayor Laufenburger: If it doesn’t. 31 Chanhassen City Council – April 10, 2017 Paul Oehme: If it doesn’t we’re, staff is still planning to move forward it. Staff proposed to still move forward with the project. Do it this year. Use MSA dollars if the bonding, if the bridge bonding money’s not available. Mayor Laufenburger: So if the bridge bonding bill does provide some dollars then we’d simply reduce the funds that we would take from MSA and they would be available for other MSA projects in the future? Paul Oehme: That’s correct. Mayor Laufenburger: Okay so your plan is, you’re going to fix the culvert. Paul Oehme: One way or the other, we have to fix the culvert with the street. It doesn’t make sense to do it sometime else. Mayor Laufenburger: And we’re just going to hope that you fix it in time. Paul Oehme: Right we will. Todd Gerhardt: Mayor, council, the culvert should not last another year. I mean we’re putting the public at risk and we need to make the repairs. Mayor Laufenburger: Okay is there any, this is a good point. Is there anything that we can do is there anything that tells us that it’s within 2 or 3 days of collapsing? Paul Oehme: No I mean we’ve inspected it and we don’t have any indications at this time that there’s any imminent danger to the traveling public. We did, there was a, it was about 3 years ago we had a portion of the roof collapse. We fixed that. That was handled in a very timely manner so we do. Mayor Laufenburger: So what’s the weight restriction on Park Road right now? Paul Oehme: It’s 10 ton. Mayor Laufenburger: Okay. Paul Oehme: There’s no weigh restriction. Mayor Laufenburger: So there is not any cold weather or thawing restriction on that, okay. Alright. Okay. Councilwoman Ryan: Mr. Mayor? Can I go back to my, the reason why I’m just stuck here is that in this, in the packet it says the assessments be based on the property’s benefitting area 32 Chanhassen City Council – April 10, 2017 instead of front footage since the City’s public works facility benefits. I guess I’m just missing something here. So we are being assessed but because from the area or? Paul Oehme: Yeah. Councilwoman Ryan: I don’t understand the sentence. Paul Oehme: Yep so the, maybe that’s a little confusing. So we did look at all the acreage along, for the parcels adding up all the acreage to the parcels in this project area and that’s how we came up with the 85.15 acres of benefitting property. We did add in the City’s two parcels to that assessment calculations so our parcels, properties are included in that assessment cost. Mayor Laufenburger: In the acreage. Paul Oehme: In the acreage, right exactly. So and again this is the assessment practice that we used in the past for commercial areas. Councilwoman Ryan: Right. Paul Oehme: And I think that’s what that sentence is trying to get at is, this has been consistently done for other areas of the City where there’s commercial or retail areas and it’s just hard to calculate a front footage and how a benefit. An equitable benefit for those properties so that’s why we’ve gone to the acreage calculation. Councilwoman Ryan: Okay. Mayor Laufenburger: So had you used footage. Frontage linear feet. Paul Oehme: Right. Mayor Laufenburger: The City, the public works would have been assessed far less. Paul Oehme: Far less exactly. Mayor Laufenburger: Is that what you’re saying? Paul Oehme: Yeah that’s what I’m saying. So if we use a front footage we would, I think we would have a consistent or an economically distributed assessment roll for this project area and if you look at a unit by unit basis like we do for a residential property I don’t think we looked at that too and it’s not a very equitable distribution of assessments as well either so I think this is the better way of distributing and showing benefit and distributing the cost out more equitably than the other assessment methodologies that we looked at. 33 Chanhassen City Council – April 10, 2017 Mayor Laufenburger: Okay and have we used this same square footage of benefitting property owners in assessments in commercial districts in the past. Paul Oehme: Yes. When we redid the downtown area, that project comes to mind. Mayor Laufenburger: And have we also used frontage linear foot calculations? Paul Oehme: I think we have. That was in the Laredo area. When we did that project there was some commercial or apartment complexes and some, and then the school frontage too was a little bit harder to calculate so we used that frontage for that section of roadway. Mayor Laufenburger: Okay, any other questions or comments? Councilwoman Ryan: Thank you for the clarification. Mayor Laufenburger: Sure, sure. So let’s talk more about this assessment thing. The assessment is not final. Tonight is not an assessment hearing. Paul Oehme: Right. Mayor Laufenburger: This is a public hearing on the project. Alright, okay. Have you gotten any comments regarding the project from any of the property owners? Paul Oehme: We have. And I think two of the comments are in your packet tonight so. Mayor Laufenburger: Okay. Paul Oehme: And then our staff has taken other comments and questions from other properties along the corridor too. Just some basic questions. Mayor Laufenburger: Okay, alright. At this time I will open a public hearing on this project. If there’s anybody that would like to, present this evening that would like to speak either on behalf or in support of or in opposition to this project, now would be a good time to come forward to speak before the council. Hearing none we will close the public hearing and bring it back to council comment or for motion. Councilwoman Tjornhom: I’d like to make a motion Mr. Mayor. Mayor Laufenburger: Councilwoman Tjornhom. Councilwoman Tjornhom: If there are no more comments. Mayor Laufenburger: There being none your motion is appropriate. 34 Chanhassen City Council – April 10, 2017 Councilwoman Tjornhom: Thank you. I’d like to make a motion that the City Council adopts a resolution approving the plans and specifications and authorizes the advertisement for bids for the Park Road/Place Street Improvement Project #16-04. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Thank you Councilman McDonald. Is there any discussion regarding this th motion at this time? Mr. Oehme when will this come back before us? This is in May 9 is that right? Paul Oehme: In May we would look at consideration of, actually June. th Mayor Laufenburger: June 26. th Paul Oehme: June 26 with the consideration of approving a contract and consider the assessment hearing as well. Mayor Laufenburger: Okay, perfect. Resolution #2017-24: Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council adopts a resolution approving the plans and specifications and authorizes the advertisement for bids for the Park Road/Place Street Improvement Project #16-04. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much Mr. Oehme. Thank you council. COUNCIL PRESENTATIONS. Mayor Laufenburger: Any council presentations at this time? Councilwoman Ryan: Mr. Mayor. Not a presentation but I would like to extend my thanks to, well two fold. To Mr. Hoffman and the Park and Rec group, commission, advisory committee. Last Thursday at the Chanhassen Rec Center we had an open house that it was publicized on the website and the paper to discuss the Park and Rec System Master Plan and I wanted to extend my appreciation to the park and rec group for facilitating this but also to express my thanks and appreciation for the many, many members of the community that turned out. We had a lot of great conversations and comments and feedback. There were boards set up around the room asking for feedback on trails and facilities and really what you know what the wants and needs and the vision for the development of our park plan for the next 20 years and it was just great to see the engagement and hear the conversations and receive the feedback that night so just wanted 35 Chanhassen City Council – April 10, 2017 to say thank you Mr. Hoffman and to your group as well the members of the community who showed up. It was a great night. Mayor Laufenburger: Great, thank you Councilmember Ryan. Councilwoman Ryan: Thank you. Mayor Laufenburger: Any other council presentation? Mr. McDonald. Councilman McDonald: I would just like to say that my thanks to the Lions Club for the pancake breakfast with the fire department. Really appreciate their involvement within the community and I know it really helps the fire department quite a bit and I’m led to believe that the food was excellent and everyone had a really good time. Mayor Laufenburger: Anybody know whether or not the food was excellent? The two portions I had were excellent Mr. McDonald. Councilman McDonald: Okay, there you go. Mayor Laufenburger: Alright thank you. Any other council presentations? ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 36