E-9. Approve Nicholas Way Snowplowing AgreementMEMORANDUM
CITY OF C HANHASSE X
Chanhassen is a Community for Life - Providing forbday and PlanningforTomorrow
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Dir. of Public Works/City Engineer 77�
U
DATE: January 8, 2018 0�
SUBJ: Approve Agreement for Snow and Ice Control on Nicholas Way with the Oak Hill
Homeowners Association
PROPOSED MOTION
"The City Council approves a Snow and Ice Control Agreement on Nicholas Way with the Oak Hill
Homeowner's Association."
City Council approval requires a simple majority vote of the City Council present.
Nicholas Way is located off of Santa Vera Drive west of Kerber Boulevard. The roadway was platted in 1994
as a private drive. The development included an Outlot (C) used as open space between Santa Vera Drive and
Nicolas Way. Outlot C was conveyed to the City of Chanhassen December of 2013 due to unpaid taxes.
About half of Nicolas Way is included in this outlot. The Angel of Hope monument is located in Outlot C.
DISCUSSION
The Oak Hill Homeowner's Association has requested the City maintain the portion of Nicolas Way within
the City -owned Outlot. The City attorney's opinion is the City should maintain Nicholas Way in Outlot C.
Nicholas Way is 24' wide and was never designed to function as a public street. City equipment and forces
are not equipt to effectively maintain this area during the winter months. The Homeowner's Association
contracts with a private company to maintain streets during the winter months. The Homeowner's
Association has requested the City pay a prorated amount for winter maintenance operations of Nicholas Way
in Outlot C. The City portion of Nicholas Way is roughly 9% of the total area for snow and ice control area
in the development. The Homeowner's Association is charged $1,785.00 per month for this contract so the
City's share would be $160.65 per month or roughly $803.00 per year. Funding for this work is proposed
from the Streets Department Snow and Ice Control budget.
The City will also need to maintain the city portion of Nicholas Way pavement and curb. City forces have
already patched the street this fall, Major street rehabilitation will be contracted with the Homeowner's
Association in a future agreement.
The City Attorney has drafted the attached agreement.
Attachments: 1. Agreement 2. Exhibit 3. Budget Sheet
g:\eng\public\pw309snowplowing\bkgdOI0818 cc snow main agree - nicholas way.docz
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
AGREEMENT
AGREEMENT made this day of 2017, by the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City"), and the OAK HILL
HOMEOWNERS' ASSOCIATION ("HOA).
WHEREAS, the HOA retains a contractor to remove snow from 79,634 square feet on
Nicholas Way driveways, parking areas and side roads ("snow removal area").
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as
follows:
1. The HOA is responsible for retaining and paying a contractor to remove snow
from the snow removal area including Nicholas Way.
2. The HOA shall annually provide the City a copy of the contract for the snow
removal from the snow removal area for the next season. The City shall reimburse the HOA nine
percent (9%) of the cost of snow removal upon receipt of an invoice from the HOA.
3. The HOA agrees to indemnify and hold the City harmless from any and all
claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses including,
but not limited to, attorney's fees and costs and expenses connected therewith, arising out of or
resulting from the failure of the HOA to promptly remove snow from the Street.
4. The term of this Agreement is indefinite but may be terminated by either party on
one year's advance written notice to the other party.
CITY OF CHANHASSEN OAK HILL HOMEOWNERS'
ASSOCIATION
MN
Denny Laufenburger, Mayor
FVA
Todd Gerhardt, City Manager
195312vl
,Director
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2018 General Fund Budget
Street Maintenance (1320)
2017 to
2015 2016 2017 2018 2018 2019
Account Description Actual Actual Budget Budget %Inc/ Dec Estimate
4010
Salaries & Wages -Reg
442,016
465,380
509,800
531,400
4.2%
545,000
4011
Overtime -Reg
24,872
31,835
22,000
26,000
18.2%
28,000
4020
Salaries & Wages -Temp
31,409
18,525
32,000
28,000
(12.5%)
28,000
4021
Overtime -Temp
335
327
-
-
0.0%
-
4030
Contributions -Retirement
70,085
74,870
77,200
80,500
4.3%
83,900
4040
Contributions -Insurance
82,539
88,894
107,300
123,500
15.1%
136,100
4050
Workers Compensation
36,544
45,866
57,900
64,000
10.5%
67,700
4060
Unemployment
1,458
4,911
0.0%
•
Total Personal Services
689,257
730,608
806,200
853,400
5.9%
888,700
4120
Supplies -Equipment
46,018
32,557
45,000
45,000
0.0%
45,000
4140
Supplies -Vehicles
8,137
8,264
15,000
10,000
(33.3%)
10,000
4150
Maintenance Materials
47,712
46,265
52,000
50,000
(3.8%)
50,000
4210
Books & Periodicals
-
-
100
100
0.0%
100
4240
Uniforms & Clothing
3,516
5,438
3,800
5,000
31.6%
5,000
4260
Small Tools & Equipment
2,023
2,733
1,000
2,500
150.0%
2,500
Total Materials & Supplies
107,406
95,257
116,900
112,600
(3.7%)
112,600
4300
Fees, Services
1,838
3,256
2,000
2,500
25.0%
2,500
4310
Telephone
4,079
4,120
4,200
5,200
23.8%
5,200
4320
Utilities
12
-
-
-
0.0%
-
4340
Printing & Publishing
-
-
300
300
0.0%
300
4350
Cleaning & Waste Removal
790
969
700
1,000
42.9%
1,000
4360
Subscriptions & Memberships
20
-
500
200
(60.0%)
200
4370
Travel&Training
1,098
1,377
1,600
1,600
0.0%
1,600
4410
Rental -Equipment
1,580
844
1,000
1,000
0.0%
1,000
4440
License & Registration
-
513
500
500
0.0%
500
4510
Repair & Maintenance -Building
-
-
100
100
0.0%
100
4520
Repair & Maintenance -Vehicles
546
756
2,000
1,000
(50.0%)
1,000
4530
Repair & Maintenance -Equip
1,150
500
31000
1,500
(50.0%)
1,500
4540
Repair & Maintenance -Streets
1,118
6,757
5,000
5,000
0.0%
5,000
4560
Repair & Maintenance -Signs
10,360
8,621
12,000
11,000
(8.3%)
12,000
Total Contractual Services
22,589
27,712
32,900
30,900
(6.1%)
31,900
"• Total Street Maintenance
2018
2019
819,252 853,577 956,000 996,900
DESCRIPTION OF CHANGE
4.3% 1,033,200