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03-26-2018 Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, MARCH 26, 2018 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:00 P.M. WORK SESSION Note: Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.Commission Interviews B.CALL TO ORDER C.PUBLIC ANNOUNCEMENTS 1.Invitation to 2018 Easter Egg Candy Hunt March 31 2.Invitation to Chanhassen Lions Club Pancake Breakfast April 8 D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. 1.Approval of Minutes dated March 12, 2018 2.Receive Park & Recreation Minutes dated February 27, 2018 3.Approval of 2018 Liquor License Renewals 4.The Arbors Second Addition: Approve Final Plat, Development Contract, and Plans & Specifications with a Variance for Street Grade in excess of seven percent 5.Approve Agreement with Carver County for Powers Boulevard Pedestrian Crossing Improvements 6.Approve Cellular Antenna Agreements with Verizon Wireless 7.Approve Maintenance Agreement with the Riley Purgatory Bluff Creek Watershed District for Lake Lucy Lane Drainage Improvements 8.Resolution No. 201827: Accept Bids and Award Contract for the 2018 Sealcoat Project AGENDACHANHASSEN CITY COUNCILMONDAY, MARCH 26, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Commission InterviewsB.CALL TO ORDERC.PUBLIC ANNOUNCEMENTS1.Invitation to 2018 Easter Egg Candy Hunt March 312.Invitation to Chanhassen Lions Club Pancake Breakfast April 8D.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approval of Minutes dated March 12, 20182.Receive Park & Recreation Minutes dated February 27, 20183.Approval of 2018 Liquor License Renewals4.The Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percent5.Approve Agreement with Carver County for Powers Boulevard Pedestrian CrossingImprovements6.Approve Cellular Antenna Agreements with Verizon Wireless7.Approve Maintenance Agreement with the Riley Purgatory Bluff Creek WatershedDistrict for Lake Lucy Lane Drainage Improvements 8.Resolution No. 201827: Accept Bids and Award Contract for the 2018 Sealcoat Project E.VISITOR PRESENTATIONS F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Fire Department Update 2.Law Enforcement Update G.OLD BUSINESS H.PUBLIC HEARINGS I.NEW BUSINESS 1.Commission Appointments J.COUNCIL PRESENTATIONS K.ADMINISTRATIVE PRESENTATIONS L.CORRESPONDENCE DISCUSSION 1.February 2018 Web Analytics Overview 2.Review of Claims Paid 03262018 M.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Applebee's, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Commission Interviews Section 5:00 P.M. WORK SESSION Item No: A.1. Prepared By Kim Meuwissen, Office Manager File No: ADM 146G SUMMARY Commission interviews are scheduled every 15 minutes as follows: 5:00 Jim Boettcher (PRC Incumbent) 5:15 Lisa Kaufmann (SC) 5:30 Barbara Nevin (SC Incumbent) 5:45 Dorina Tipton (SC Incumbent) 6:00 Grant Schaeferle (PRC Youth Incumbent) 6:15 Vacant 6:30 Don Vasatka (EC Incumbent) 6:45 Kristin Fulkerson (EC) DISCUSSION PLANNING COMMISSION Positions Available Two 3year positions The term of Commissioner Mark Randall is expiring, as well as the position vacated by Maryam Yusuf. Mark Randall has reapplied. Eight new applications have been received. PARK & RECREATION COMMISSION POSITIONS AVAILABLE Two 3year positions The terms of Commissioners Jim Boettcher and Jennifer Hougham are expiring. Incumbent Jim Boettcher has reapplied. Three new applications were received, one of which selected the Park and Recreation Commission as their second choice. One or two 1year youth positions The terms of Lauren Dale and Grant Schaeferle are expiring. Lauren is no longer eligible to reapply, but Grant has chosen to reapply. ENVIRONMENTAL COMMISSION POSITIONS AVAILABLE One 1year position and Three 3year positions * The terms of Commissioners Don Vasatka, Bill Chappell, Charlotte Chappell, and David Hess are expiring. Incumbents Don Vasatka and Bill Chappell have reapplied. Two new applications have been received. *Appointments will allow for even distribution of staggered terms in the future as follows: Two terms ending in 2019 CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectCommission InterviewsSection5:00 P.M. WORK SESSION Item No: A.1.Prepared By Kim Meuwissen, Office Manager File No: ADM 146GSUMMARYCommission interviews are scheduled every 15 minutes as follows:5:00 Jim Boettcher (PRC Incumbent)5:15 Lisa Kaufmann (SC)5:30 Barbara Nevin (SC Incumbent)5:45 Dorina Tipton (SC Incumbent)6:00 Grant Schaeferle (PRC Youth Incumbent)6:15 Vacant6:30 Don Vasatka (EC Incumbent)6:45 Kristin Fulkerson (EC)DISCUSSIONPLANNING COMMISSION Positions AvailableTwo 3year positions The term of Commissioner Mark Randall is expiring, as well as theposition vacated by Maryam Yusuf. Mark Randall has reapplied. Eightnew applications have been received.PARK & RECREATION COMMISSION POSITIONS AVAILABLETwo 3year positions The terms of Commissioners Jim Boettcher and Jennifer Hougham areexpiring. Incumbent Jim Boettcher has reapplied. Three new applicationswere received, one of which selected the Park and RecreationCommission as their second choice.One or two 1year youthpositions The terms of Lauren Dale and Grant Schaeferle are expiring. Lauren is nolonger eligible to reapply, but Grant has chosen to reapply.ENVIRONMENTAL COMMISSION POSITIONS AVAILABLEOne 1year position andThree 3year positions *The terms of Commissioners Don Vasatka, Bill Chappell, CharlotteChappell, and David Hess are expiring. Incumbents Don Vasatka and BillChappell have reapplied. Two new applications have been received. *Appointments will allow for even distribution of staggered terms in the future as follows: Two terms ending in 2019 Two terms ending in 2020 Three terms ending in 2021 SENIOR COMMISSION POSITIONS AVAILABLE Three 3year positions and One 2year position The terms of Commissioners Barbara Nevin and Dorina Tipton are expiring, as well as the position vacated by Camille Swanson in May of 2017. Incumbents Barbara Nevin and Dorina Tipton have reapplied. Also, Commissioner Barbara Chadwick resigned in February leaving a twoyear vacancy. Four new applications have been received. NOTE: The Senior Commission bylaws allow for the appointment of 7 or 8 commissioners. Appointments to all the Commissions are scheduled under New Business later in this meeting. ATTACHMENTS: City Code, Section 246. Appointment to city committees and commissions 2018 Commission Interview Schedule Page 1 ARTICLE IV. - BOARDS AND COMMISSIONS[4] Footnotes: --- (4) --- Cross reference— Park and recreation commission, § 14-16 et seq.; planning commission, § 15-16 et seq. State Law reference— Authority to establish advisory boards and commissions, M.S. § 412.621(2). DIVISION 1. - GENERALLY Sec. 2-46. - Appointment to city committees and commissions. All vacancies on committees, commissions, and boards shall be advertised to seek applicants. The city council may interview applicants before making appointment. With the exception of the housing and redevelopment authority, all appointments shall be by majority vote of the city council. Once appointed, an applicant shall serve until removed, with or without cause, by a four-fifths vote of the city council, until the expiration of the term of appointment and following appointment of the applicant's successor. Vacancies during a term shall be filled for the unexpired portion of the term. Sec. 2-46.01. - Same—Generally. The council determines the duties and exercises the powers of administrative boards or commissions. However, the council may establish boards or commissions as set forth in this article to investigate subjects or to perform quasi-judicial functions. Additional administrative boards or commissions shall be established as required by law or for the administration of a municipal function jointly shared with another political subdivision. (Ord. No. 363, § 4, 1-12-04) Sec. 2-46.03. - Planning commission. (a) Commission established. The planning commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The planning commission is hereby designated the planning agency of the city pursuant to the Municipal Planning Act. (b) Membership. The planning commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the planning commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. Page 2 (d) Powers and duties. The planning commission shall have the powers and duties allowed under state law, including: (1) To prepare a comprehensive plan for the future development of the city that is submitted to the council for implementation and to recommend amendments of the plan to the council from time to time as may be necessary or desirable. (2) To initiate, direct, and review, from time to time, a study of the provisions of the zoning code and the subdivision regulations and to report to the council its advice and recommendations with respect thereto. (3) To study applications and proposals for amendments to the zoning code and applications for special permits and to advise the council of its recommendations thereon. (4) To study preliminary plats and to advise the council of its recommendations thereof. (5) To act in an advisory capacity to the council in all matters wherein powers are assigned to the council by state law concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 5, 1-12-04) Sec. 2-46.05. - Park and recreation commission. (a) Creation. There is established a park and recreation commission for the city. (b) Membership. The park and recreation commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one or two youth representatives who shall also be voting members. Youth representatives shall be appointed for one-year terms. (c) Officers; meetings. The chairperson and vice chairperson of the park and recreation commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The park and recreation commission shall have the following powers and duties: (1) To hold meetings of its members, to consider such matters pertaining to parks and public recreation programs in the city as shall be referred to the commission by the council, or as the members of the commission themselves deem proper. (2) To prepare a comprehensive plan for the future development of the city park and recreation system, to be submitted to the city council for implementation, and to maintain said plan, and recommend amendments of the plan to the city council, as may become necessary or desirable. (3) To act in an advisory capacity to the council in all matters relating to park and recreation in the city. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 6, 1-12-04; Ord. No. 582, § 1, 4-22-13) Page 3 Sec. 2-46.07. - Board of adjustments and appeals. Pursuant to M.S. § 462.354, a board of adjustments and appeals is hereby established. The planning commission shall serve as the board of adjustments and appeals. (Ord. No. 363, § 7, 1-12-04) Sec. 2-46.09. - Environmental commission. (a) Commission established. The environmental commission is established to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. (b) Membership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the environmental commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The environmental commission has the following powers and duties: (1) The environmental commission shall serve as an advisory body to the city council and planning commission in addressing the needs of the environment as directed by the city council. All final decisions are to be made by the city council. (2) The environmental commission will consider and make recommendations at the direction of the city council regarding environmental issues. (3) The environmental commission will make recommendations at the direction of the city council regarding funding for environmental projects. (4) The environmental commission may propose studies to the city council and make recommendations according to the results. (5) The environmental commission will coordinate services with other governmental and private agencies for related issues. (e) Reports. The environmental commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 8, 1-12-04) Sec. 2-46.11. - Senior commission. (a) Commission established. The senior commission serves as an advisory body to the city council in addressing the special needs of people over age 55 living in Chanhassen. They consider and make recommendations to the city council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational Page 4 programs, senior center and senior housing, but are not limited to these issues. All final decisions are made by the city council. (b) Membership. The senior commission consists of seven or eight members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the senior commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The senior commission shall have the following powers and duties: (1) They make recommendations to the city council regarding funding for special services to be provided for citizens over age 55. (2) They may propose needs studies for this age group where necessary and make recommendations to the city council based on the results. (3) They coordinate services with other governments and private agencies for this age group. (e) Reports. The commission shall make an annual written report to the council, not later than the last day of March of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 9, 1-12-04; Ord. No. 581, § 1, 4-8-13) Sec. 2-46.15. - Resignations and removal from commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the city council. Vacancies on any advisory board or commission shall be filled by appointment with a majority vote of the city council. Vacancies shall be announced in the city's official newspaper and posted within city hall. Applications shall be available at the city clerk's office and shall be forwarded to the city council within the time prescribed. (Ord. No. 363, § 10, 1-12-04) Sec. 2-46.17. - Compensation. Commissioners shall serve without compensation. (Ord. No. 363, § 11, 1-12-04) Secs. 2-47—2-55. - Reserved. DIVISION 2. - HOUSING AND REDEVELOPMENT AUTHORITY[5] Footnotes: --- (5) --- Page 5 State Law reference— Creation of city housing and redevelopment authority, M.S. § 469.003. Sec. 2-56. - Authority to adopt housing plan, issue bonds, etc. The city economic development authority is authorized to exercise on behalf of the city all of the powers conferred by M.S. §§ 462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and program and to issue and sell mortgage revenue bonds for single family housing. (Ord. No. 75, 11-7-83; Ord. No. 363, § 12, 1-12-04) Secs. 2-57—2-65. - Reserved. DIVISION 3. - RESERVED[6] Footnotes: --- (6) --- Editor's note—Ord. No. 363, § 13, adopted Jan. 12, 2004, repealed Div. 3, which pertained to the public safety commissions and derived from Ord. No. 70-B, §§ 1.01, 3.02, 4.02, 5.01, and 6.01, adopted Oct. 1, 1984; Ord. No. 166, §§ 1 and 2, adopted Apr. 27, 1992; Ord. No. 268, § 1, adopted May 12, 1997; and Ord. No. 298, § 2, adopted Feb. 14, 2000. Secs. 2-66—2-71. - Reserved. 2018 Commissions Interview Schedule City Council Interviews Environmental Commission Interviews - February 14 February 26 (Schedule PC FIRST if NOT applying for other commissions)6:15 Audrey Kramer-WITHDRAWN 5:00 Timothy Paine (PC)6:30 Kristin Fulkerson 5:15 Michael McGonagill (PC)NOTE: EC Applicant Greg Hawks did not interview with the EC (PC 1st choice) 5:30 Sid Levin (PC) 5:45 Adam Smith (PRC)Senior Commission Interviews - February 16 6:00 Tony Hallen (PC) - WITHDRAWN 10:15 Jerry Cerchia 6:15 Greg Hawks (PC & EC)10:30 Heather Lawler Harvey 6:30 Bethany Collins (PC & PRC)NOTE: SC Interviews cancelled due to lack of commissioners available to interview 6:45 Robert Martinson (PC)NOTE: SC Applicant Lisa Kaufmann is unable to attend SC interview NOTE: SC Applicant Mack Titus is unable to attend SC interview March 12 (Planning Commisson FIRST if applying for other commissions) 5:00 Matt Englund (PC)Planning Commission Interviews - February 20 5:15 Jerry Cerchia (SC)1st Timothy Paine 5:30 Mack Titus (SC)2nd Michael McGonagill 5:45 Bill Chappell (EC Incumbent)3rd Matt Englund 6:00 Mark Randall (PC Incumbent)4th Sid Levin 6:15 Joseph Scanlon (PRC)5th Tony Hallen 6:30 Vacant - Heather Chou Withdrew 3/9/18 6th Bethany Collins (PRC 2nd choice) 6:45 Heather Lawler Harvey (SC)7th Greg Hawks 8th Robert Martinson March 26 9th Jennifer Chou (PRC 2nd choice) 5:00 Jim Boettcher (PRC Incumbent) 5:15 Lisa Kaufmann (SC)Park & Rec Commission Interviews - February 27 5:30 Barbara Nevin (SC Incumbent)6:30 Adam Smith 5:45 Dorina Tipton (SC Incumbent)6:45 Joe Scanlon 6:00 Grant Schaeferle (PRC Youth Incumbent)7:00 Bethany Collins (PC 1st choice) 6:15 Vacant NOTE: PRC Applicant Jennifer Chou is unable to attend PRC interview 6:30 Don Vasatka (EC Incumbent) 6:45 Kristin Fulkerson (EC) INCUMBENTS 2018 Commissions Interview Schedule PLANNING COMMISSION: 2 three-year positions available PC Confirmed CC Confirmed Name Address1 Email Choice?Notes Mark Randall 6460 Yosemite Avenue mrandall858@gmail.com N/A Incumbent X Timothy Paine 2345 Fawn Hill Court tfp142@gmail.com N/A X X Michael McGonagill 2451 Hunter Drive strategicconvictions@icloud.com N/A X X Matt Englund 160 Choctaw Circle mjenglund@gmail.com N/A X X Sid Levin 2841 Tanagers Lane sid@revolutiondesignbuild.com N/A X X Tony Hallen 720 Conestoga Trail th7764@gmail.com N/A WITHDRAWN X X Bethany Collins 8465 Mission Hills Lane bethanyann.collins@gmail.com 1st PRC 2nd Choice X X Greg Hawks 1806 Colonial Lane Unit #1 ghawks1@gmail.com 1st EC 2nd Choice X X Robert Martinson 8679 Flamingo Drive rob.martinson@mchsi.com N/A X X Jennifer Chou 1471 Camden Ridge Drive mrs.jenniferchou@gmail.com 1st PRC 2nd Choice - WITHDREW 3-9-18 X X PARK & RECREATION COMMISSION: 2 three-year positions available and 2 one-year youth positions available PRC Confirmed CC Confirmed Name Address1 Email Choice?Notes Jim Boettcher 7476 Crocus Court jaboettch12aol.com N/A Incumbent X Grant Schaeferle 1111 Dove Court grant@shaeferle.com N/A Youth Incumbent Adam Smith 518 Laredo Lane asmith@adamirsmith.com N/A X X Joseph Scanlon 6871 Chaparral Lane jscanlon@gearupsporting.com N/A X X Bethany Collins 8465 Mission Hills Lane bethanyann.collins@gmail.com 2nd X X Jennifer Chou 1471 Camden Ridge Drive mrs.jenniferchou@gmail.com 2nd WITHDREW 3-9-18 N/A X ENVIRONMENTAL COMMISSION: 1 one-year position and 3 three-year positions available EC Confirmed CC Confirmed Name Address1 Email Choice?Notes Don Vasatka 9120 Degler Circle don.vasatka@gmail.com N/A Incumbent X Bill Chappell 8736 Stonefield Lane billchappell1957@gmail.com N/A Incumbent X Kristin Fulkerson 6984 Country Oaks Road krisinkristinhfulkerson@gmail.com N/A X X Greg Hawks 8566 Powers Place ghawks1@gmail.com 2nd PC 1st Choice DID NOT INTERVIEW WITH EC ON FEB 14 N/A X SENIOR COMMISSION: 3 three-year and 1 one-year positions available SC Confirmed CC Confirmed Name Address1 Email Choice?Notes X Barbara Nevin 6361 Minnewashta Woods Drive bnn101@aol.com N/A Incumbent X Dorina Tipton 1291 Bluff Creek Drive dorinatipton@gmail.com N/A Incumbent X Jerry Cerchia 761 Lake Susan Hills Drive Trptdr@prodigy.net N/A X X Mack Titus 2747 Century Trail macktitus@gmail.com N/A UNABLE TO INTERVIEW WITH SC ON FEB 16 N/A X Lisa Kaufmann 6870 Redwing Lane ljaenisch@yahoo.com N/A UNABLE TO INTERVIEW WITH SC ON FEB 16 N/A X Heather Lawler Harvey 8297 Stone Creek Drive lawlerh@gmail.com N/A X X INCUMBENTS FIRST MEETINGS IN APRIL: Planning Commission - April 3, 2018 Environmental Commission - April 11, 2018 Senior Commission - April 20, 2018 Park & Rec Commission - April 24, 2018 CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Invitation to 2018 Easter Egg Candy Hunt March 31 Section PUBLIC ANNOUNCEMENTS Item No: C.1. Prepared By Katie Mathews, Recreation Supervisor File No: SUMMARY The City of Chanhassen is proud to present the 35th Annual Easter Egg Candy Hunt! This is the second in a yearlong series of special events that are sponsored by the City of Chanhassen, local service organizations, and the local business community. I would like to invite everyone to join me on Saturday, March 31 at 9:00 a.m. at City Center Park for this annual event. This event is for children 12 & 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, preregistration at the Chan Rec Center or city hall is encouraged! You can also register the day of the event. I look forward to seeing everyone there! CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Invitation to Chanhassen Lions Club Pancake Breakfast April 8 Section PUBLIC ANNOUNCEMENTS Item No: C.2. Prepared By Don Johnson, Fire Chief File No: RECOMMENDATION The Chanhassen Lions Club and the Chanhassen Fire Department would like to invite everyone to the Annual Pancake Breakfast held at the fire station on Sunday, April 8th. Breakfast will be served from 8:00 am until 1:00 pm and includes pancakes, eggs, and sausage. The fire department will have some fun kid activities and will be serving the food to your table. Please join us for some great fun and a good cause! CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Approval of Minutes dated March 12, 2018 Section CONSENT AGENDA Item No: D.1. Prepared By Nann Opheim, City Recorder File No: N/A PROPOSED MOTION “The City Council approves the City Council Minutes dated March 12, 2018." Council approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Work Session Minutes City Council Summary Minutes City Council Verbatim Minutes CHANHASSEN CITY COUNCIL REGULAR MEETING MARCH 12, 2018 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, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Jon Gilbert 1641 Jeurissen Lane Liz & Bob Haak 770 Pioneer Trail Bob & Betty Wold 730 Pioneer Trail Mayor Laufenburger: Thank you and welcome to those, welcome to this council meeting. Those of you that are present in the chamber. There’s about 10 folks in the chamber with us this evening and also those of you that are watching on Mediacom cable TV at home or via the website livestream. Nice to have you with us and for the record let it be known that all members of the council are present this evening and we’re ready to move on. First action is the agenda. Council members are there any modifications to the agenda as printed? And if not then we will proceed with the agenda as printed. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 26, 2018 2. Receive Planning Commission Minutes dated February 20, 2018 3. Approve Chanhassen Farmers’ Market Agreement 4. Resolution #2018-22: Approve Quote for Roof Replacement at Lift Station 24 5. Resolution #2018-23: Accept Quotes for West Water Treatment Plant Chemical Feed Equipment. 6. Resolution #2018-24: Approve Park Road/Park Place Project 16-04 Change Order #2 Chanhassen City Council – March 12, 2018 2 7. Resolution #2018-25: Accept Quote for the 2018 Well Rehabilitation Project 8. Award Low Quote: Installation of MUSCO LED Lighting at Lake Susan Park Baseball Field All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. Mayor Laufenburger: For those of you that are watching at home or via livestream we have visitor presentation at every regularly scheduled council meeting. This is a great opportunity for you to speak to the council about any matter concerning the city. Any encouragement or any problems you’d like to address. We can’t always address the problem right away but we certainly can direct staff to investigate the problem. There being no visitor presentations at this time I will close visitor presentation. APPROVE A DNR FLOOD DAMAGE REDUCTION GRANT ASSISTANCE PROGRAMN APPLICATION FOR PROPERTIES ALONG PIONEER TRAIL. Mayor Laufenburger: Mr. Oehme is this your’s? Paul Oehme: That’s correct Mayor. Mayor Laufenburger: Alrighty. Paul Oehme: Good evening City Council members as well. Again this is to consider staff putting an application out for DNR flood mitigation for properties along Pioneer Trail so the properties in question are 730, 750, and 770 Pioneer Trail. These properties are located just west of 101 and along Pioneer Trail and north of Bluff Creek Golf Course as shown here. So these problems have been historically had flood problems. Flooding of these properties have been reported back since the 70’s. City staff has records of that. The City did model this area and it’s apparent that rain events over 2 ½ inches in a 24 hour period can flood out the back yards and then rain events over 3 ½ inches can potentially, over a 24 hour period can flood out some of the structures on the property as well. And just for reference a 100 year storm event is right around 7 inches of rain so the watershed area, or the water that contributes to this area or is collected is about 11.4 acres and mainly comes from the north and then also from the east of this area. So the properties, these 3 properties were built in the 60’s and 70’s when the city was very small at that time. The properties do have well and septic on them right now and there is no city services in this area so if say the septic systems were to fail or the well were to fail it’d be very difficult and expensive for these properties to hook up now and into the future as well. So I just, some of the property owners have given the City some pictures over the years about the flooding problems in this area so this is a flooding event that took place in the 70’s. Family going out for Chanhassen City Council – March 12, 2018 3 a canoe ride. In the 80’s we also we were seeing a lot of flooding as well too. This is the Haak’s property out their back porch and then a picture from Pioneer Trail, just south of Pioneer Trail showing some of the flooding in the back yards here as well. In the 90’s there was some bigger storm events flooding some of the garages in the area in the back yards and impacting some of the structures in the, on these properties. And again in the 2010’s I think 2014 is these photos were taken. Again flooding out some of the garages and some of the basements as well at this time. So staff did survey this area and then we also did complete a storm water modeling of the watershed. Properties areas primarily drain by an old field tile that follows the ditch line along Pioneer Trail. That water takes most of the small rain events from this area. When those larger rain events happen there are a few culverts along Pioneer Trail again that take some of that water as well. The drainage system we looked at. We modeled it. Can be replaced and to reduce the flooding in this area but would potentially create flooding downstream as well if we were to take a lot of the flood water from this location and move it downstream so there’s a barn downstream of here. There are Powers Boulevard potentially would be impacted and this water flows down into Bluff Creek which is impaired water already and then down the bluff as well so we’re concerned about having more water discharging at this point downstream and more erosion down the bluff as well so we want to try to avoid that. So we looked at trying to balance out what we can do for flooding in the back yards. The back yards are considered wetland areas as well so in terms of an engineering solution just, if we just look at the back yards and try to capture some of that water. Pond it or to do something else there’s some limited options we can do there just because of the wetland rules that we have today. So this is a model of our hydro cad showing the area of drainage. So this is a 100 year event so the properties, 770, 750 and 730 are shown right here. This is Pioneer Trail and 101 is on the right hand side here so the red line shows what the current 100 year water elevation would potentially be today as modeled and then we looked at what a potential solution would be to improve the drainage in this area but not flood out you know downstream, or have downstream impacts because of more water going downstream so based upon our modeling and we were looking at the drain tile I talked about earlier, that’s about an 8 inch pipe. We think we can upsize that to about a 12 inch pipe. With that however we’re not gaining much flood relief so the green line here is showing what potentially the new high water elevation would be with that improved system so we’re saving a little bit on the high water event but not much. We’re still looking at potentially flooding out the garages and some other structures on the property as well. So in summary what we are finding is there doesn’t seem to be a good engineering solution to significantly reduce the flooding problems on these properties and then just looking if there were to be a flood you know solution out here, you know even extending city services to this properties will be cost prohibitive since there is really no sewer and water in this area right now or plan to be in the near future as well. So what staff’s recommendation is to seek out funding to potentially purchase these properties and re-establish wetlands in this area. We have talked to Carver County and the watershed district and the DNR and some other folks too and trying to get some sense of what we can do to look at a project like that. As the council may remember the Avienda wetland alteration permit that was approved recently did, we did talk about what this project as potentially an improvement project for the funding that the developer would give to the city in lieu of wetland mitigation on site or within the watershed district. As you may recall there were some wetlands that were Chanhassen City Council – March 12, 2018 4 going to be impacted by the development and there was no alternate site on, alternative site on the development or within the watershed district to mitigate those wetlands so in lieu of that the developer is planning to give the City some funds for wetland alteration project or storm water improvement project so this may be a good fit for those funds. So like I mentioned before there is a DNR grant that’s available right now for flood mitigation. We did have a conversation with the DNR about this and what the grant allows for up to 50 percent of the improvement to be funded by this DNR grant so that, in this case it would fund up to 50 percent of the property acquisitions and it will also contribute to the funding of the demolition of the structures on site. Capping the wells, septic systems, those type of things. The City staff has talked to Riley- Purgatory-Bluff Creek Watershed District as well and they’re very interested in partnering with the City on this project. They think it’s a good project and then trying to restore the wetlands in this area. And then we also have talked to Carver County and some other folks and there might be some other potential grants out there for acquisitions and wetland improvements down the road as well. So with that if there’s any questions for me I’d be more than happy to try to answer them. We do have some of the residents here as well if you’d like to visit with them as well. Mayor Laufenburger: Okay, thank you Mr. Oehme. First let’s begin with council. Are there any questions you have of Mr. Oehme at this time? Go ahead Elise. Councilwoman Ryan: More of a general question. I don’t know if you...or not but could you just explain this process. This is new to me so the flood reduction grant assistance and if you could just explain that. Todd Gerhardt: Yep, Paul could you go back to the wetland picture. That one right there. What you have here is a situation where when you have historic events of rains and it seems as though we have more of them recently where the water does go outside of the green or the red lines and in some cases they have gone into basements I’ve been told and so the DNR, the watershed district is always looking at ways to try to improve our wetlands and one way of improving the wetland here is to expand on it. And the key thing that our wetlands do is they act as bowls. They hold the water and then once the bowl is full it slowly leaks out the edge and we want it to slowly release into the system. Paul says there’s really not an engineering way of fixing this problem but an engineer can figure out anything. You could put a big pipe and just drain the whole wetland and put it down into the Bluff Creek corridor but then what you would do is create erosion along the Bluff Creek corridor and we’ve seen situations downstream where we do have erosion just from the current runoff of you know filling in the silt and sand into the Minnesota River as one of our candidates talked earlier tonight about being one of the most polluted rivers in Minnesota. So slowly releasing the water is the goal of our storm water management system. That’s why we have storm water ponds to capture runoff. To slow the water down and we really have not taken advantage of this program because Chanhassen is fairly new we’ve had most of our homes built above the high water mark but occasionally there are homes that are close to wetlands or into the, into or close to the floodplain area. Chanhassen City Council – March 12, 2018 5 Councilwoman Ryan: So I guess to clarify that question almost. Your information was helpful but you will apply for the grant and then if the grant is approved and they provide up to 50 percent of the cost of the acquisition. Todd Gerhardt: Yes. Councilwoman Ryan: And then other. Todd Gerhardt: We’re expecting. Councilwoman Ryan: Other fund sources come in or. Paul Oehme: Right. Todd Gerhardt: Yep. We’re expecting funding from the watershed district and potentially from the county and the city, those 3 agencies. Councilwoman Ryan: And do we have a number that we’re trying to achieve? Paul Oehme: Well so we have estimates for what the appraised values are right now. Councilwoman Ryan: Okay. Paul Oehme: And we have other ancillary costs associated with that so we have a ballpark number what we think it would take to purchase these properties and yeah, we’re pretty close I think on getting the amount of money necessary for the purchase of these properties. Councilwoman Ryan: Okay. Paul Oehme: But if the Avienda money would come through that would really help offset our costs and then the watershed district already has allocated some money actually for this project already so. Councilwoman Ryan: And then once the structures are removed then it just becomes a wetland and then when, I mean I know Todd in the past one of the long term goals is to have a trail along Pioneer Trail. Is that part of these costs then as well or is that completely separate? Paul Oehme: No. Todd Gerhardt: No. Paul Oehme: That’s completely separate. We do have to look at those future improvements as well down the road and so if we do capture the money for allocation of these properties we Chanhassen City Council – March 12, 2018 6 probably would like to take a trail easement or road easement first before we dedicate it as a wetland. Councilwoman Ryan: Okay, so that’s then and that’s part of the process. Paul Oehme: That’s part of the process, exactly. Yep. And the DNR said they, you know they don’t have all the funds available right now if we were successful in getting money for these, for this grant so it might be a year or 2 years, 3 years, 4 years out before we potentially could have enough funds for acquiring any of these properties so it’s going to be a long process. It’s just not acquiring the properties. There would have to be again a wetland improvement project out here so there’s some trees out here that probably would be removed and then some grading work and some vegetation improvements that would also take place after the acquisitions are completed so that would, we would seek funding for, another grant for the wetland improvements after the properties have been acquired. Councilwoman Ryan: Oh, okay. Okay, great. Todd Gerhardt: Yeah it’s a multi-step process and it is a public taking of the 3 properties so relocation costs are included in that acquisition price and which, and then the building demolition would also be a part of the overall project as Paul stated for the, that would fall more into the wetland improvement area. Paul Oehme: Well the DNR would be, DNR funds are eligible for the demolition. Todd Gerhardt: Oh that is? Paul Oehme: And the septic and the wells too so. Todd Gerhardt: Okay. Councilwoman Ryan: Okay. Thank you. Mayor Laufenburger: Mr. Campion go ahead. Councilman Campion: Yeah one question. So the property just to the west of those other 3 properties would not be affected by this? Paul Oehme: No. I mean so the goal would be to not raise the water you know where it is today so we’d try to keep it at the same 100 year elevations so basically the neighbor does have wetlands on his property so where you see the red and the green line, that’s approximately where the high water line would still take place. His structures are far enough away from that high water mark where it wouldn’t be impacted. Chanhassen City Council – March 12, 2018 7 Todd Gerhardt: If you see the black, it’s the build, I think that’s the barn. Paul Oehme: This is the house here. Todd Gerhardt: A house and then the barn is farther back. Paul Oehme: To the west, yep. Mayor Laufenburger: Is that the only property on Pioneer Trail west of 730, 750 and 770? Paul Oehme: That’s correct. Mayor Laufenburger: Okay. Does that answer your question Mr. Campion. Councilman Campion: It does. Kate Aanenson: I would just add too when we look at the redevelopment of that area sometime when there’s sewer and water to that property that’s immediately to the west and the one to the north, those could be subdivided in the future but again as the City Engineer stated that could be down the road. They could get sewer and water as Mr. Erhart’s property developed, it could be a street that came, you know a cul-de-sac or something coming that way. We had looked at that before in the comp plan so. Mayor Laufenburger: Anybody else? Mr. McDonald go ahead. Councilman McDonald: You mentioned a number of years. Can you give me an estimate of what kind of timeframe we’re looking at to get this accomplished? Paul Oehme: Well staff would like to try to make these acquisitions as soon as we can so if the money comes together, I mean it would be a one or two year process. The DNR doesn’t know exactly where their funds are yet for fiscal year ’19 so they say we could potentially one or two properties this year and then one maybe next year but they don’t know for sure. The funding right now, I think we have a pretty good shot of getting the funding. When we talked to the DNR they said most of the funding for this program has gone out of metro the last 5-6 years so it’d be nice to have a metro project in the near future so. Councilman McDonald: Okay, thank you. Mayor Laufenburger: So Mr. Oehme can you just clarify, we are not funding anything tonight. The only thing we’re doing is we’re following a procedural process that requires the City Council pass a resolution in support of this project, is that correct? Chanhassen City Council – March 12, 2018 8 Paul Oehme: That’s correct. All the staff is asking for tonight is to pass a resolution supporting the application to move forward. We do not have any money secured at this time. There’s no projects that have been approved at this time. It’s just a resolution of support of submitting an application for the DNR. Mayor Laufenburger: Okay. One more question if I may. If we pass this, at what point in the future will this project come back to the council for approval or are we giving our approval to this right now? Paul Oehme: No it would still have to come back and so the City Council would have to accept the funds and then we’d have to go through the acquisition process so there’d be another, a bunch of steps along the way to that the council would have to approve for the expenditure of DNR funds and some of these other grant funds that we’re talking about. Mayor Laufenburger: Okay. Mr. Oehme I know this has been, and I know the Haak’s are with us tonight and maybe their neighbors are here as well. We, this is not a new problem. This has been going on, as you pointed out from these pictures for a long, long time. What makes this sort of thing possible at this time? Paul Oehme: I think some of the, you know the funding that we have been talking about through the Avienda project and just the problem’s not getting, is not going away so we’ve been looking at alternatives to try to improve this over the years and nothing really has come through fruition. I think there’s been a desire on some of the property owners that have lived here since the 60’s and 70’s to maybe move on so in terms of salability of their property with you know the known flood problems that they have in their yard I think it’s going to be difficult for them to sell so I think all those things have kind of worked to this point in time where I think it’s time we actually consider purchasing the properties and restoring this area to what it originally was. Mayor Laufenburger: So this is one of those times where owning property on the waterfront is not such a good thing right? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Todd Gerhardt: Mayor? Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: Mayor and council, as a part of the Avienda project you know the developer looked for opportunities to improve wetlands in and around the Chanhassen area and there really wasn’t anything standing out and then Paul and his team came up with the idea of well this is an opportunity where we would improve a wetland situation. You know the septic systems when Chanhassen City Council – March 12, 2018 9 they do flood are in that high water area and that’s not improving the water quality at all so, and I think we’ve got 3 willing sellers in this situation if all the appraisals are agreed upon and so this would be a project that could be improved in Chanhassen for a wetland instead of Nicollet County or Martin County or you know somewhere outstate so I know that was an issue with the watershed district and some council members and so, so Paul came up with this idea and it’s been something that’s been on the back burner for a while and with the Avienda development it got moved up to the front burner. Mayor Laufenburger: Okay, thank you Mr. Gerhardt. I know that, I visited this, I have visited this site personally over the last 8 months and I’ve seen the impact of 2 ½ and a 3 inch rain and I know Mr. Oehme you’ve been exploring ways of dissipating that water faster and there are, there just as Mr. Gerhardt has pointed out there’s just problems associated with that too. And this is not a public hearing but if any of the neighbors would like to speak to the council at this time just to share your personal experiences I would welcome an opportunity for that. Bob if you’d like to come, anybody. I just ask that you lift up that microphone to your mouth and state your name and address if you wouldn’t mind. Bob Haak: Bob Haak, 770 Pioneer Trail, Chanhassen. We’ve lived, Liz and I have lived here since 1971 or since ’73 on the property. Ever since we came it started or it’s been flooding. Maybe not to the extent it does now. The problem that I, there’s two problems that I see. The first one is the, I don’t believe the home should have been built there in the first place. It was a fairly reasonably priced home when I purchased it. The owners were not, did not have to disclose the water issues that we had with it. We’ve lived with them for a long, long time. What probably broke the camel’s back is when, I believe it was 2014 or ’10, I don’t remember exactly off hand. Mayor Laufenburger: June, 2014. Bob Haak: June, 2014 the drain tile that the farmer put in well before we moved there plugged. Tree roots grew through the tile. The tile is 10 inches in diameter. It’s concrete. It’s very thin and it, I found broken pieces of it all over the place. Mayor Laufenburger: And Bob just to clarify, this is the drain tile that you’re referring to on the property just to your west, is that correct? Bob Haak: That is correct. Mayor Laufenburger: Yeah so this is part of the tile that takes the water from your property adjacent and delivers it west towards Bluff Creek. Bob Haak: Right. Mayor Laufenburger: Okay. Chanhassen City Council – March 12, 2018 10 Bob Haak: The 24 inch tile or culvert that goes under my neighbor’s driveway normally, I mean we have flooding water, we would have flooding water if it weren’t for this little drain tile. And when it rains substantially the overflow that is not held by the, is not handled by the drain tile goes over the surface. But the remainder of the water takes 2 or 3 days for the water to dissipate through this 10 inch drain tile. Well it plugged. We are really at the mercy of this drain tile so if it happens this year, every rain I’m thinking oh am I going to have to bail water out of my basement again. I mean that’s basically what it comes to so my hope is that we can do this project one way or the other. And the sooner the better as far as we are concerned and I appreciate your time and I appreciate the staff’s time on this project. Paul has done a lot and the mayor was out and visited us on a rainy night and we appreciate all the help but we really would like to get this taken care of and thank you. Mayor Laufenburger: Thanks Bob. Is there anybody else who would like to speak at this time? Welcome, just state your name and address please. Bob Wold: My name is Bob Wold and my wife Betty and I live at 730 Pioneer Trail. Mayor Laufenburger: So your’s is the first house closest to. Bob Wold: We’re the first one. We’re upstream. Mayor Laufenburger: Yeah you’re upstream. Bob Wold: And this problem, this land when we moved into it we actually, my wife actually raised 32 sheep in the back yard and so it wasn’t when we were here we checked on it and when we first moved in in ’75 it wasn’t considered wetland at that time but of course we had a lot different environmental standards then. But the land across 101 to the east. Mayor Laufenburger: Foxford. Bob Wold: Were all farm fields. Mayor Laufenburger: Yep. Bob Wold: And that’s been developed where it either runs into Lake Riley or a good portion of it, which is a lot more hard surfaces now, comes back and goes through culverts into this area. Where the miniature golf course is, Halla Golf Course that was a tree farm and they didn’t drain the water off from that so it was another area that the water sunk into. Well when they did 101 they put a 36 inch culvert draining that area into our back yard too as they made a golf course out of it. There was a drainage area, a pond across 101 from our property which was a pond that right out they put a bike path in and put more culverts coming into our area. The culverts that come into it, I think they’re about 36 inch culverts and they’re about 12 inches lower than the 14 Chanhassen City Council – March 12, 2018 11 inch culvert that goes out of the land so we’re really kind of up against it. When the drain tile was functioning it would lower our water level about 41 inches from the surface back there. Now the water level is almost at the surface in my back yard. We built a pole barn last year and we had to spend an extra $14,000 to put in concrete pilings and go down deep enough because the water level was too high. With septic systems and basements, with the water level that high the freezing of the ground now is cracking foundations and basements and I know the drain fields, if we had to replace our septic system now we’d have to put in a, raise it above ground and it really, it’s not an area that we should have and especially with the other water that we’ve got coming into that area. So but I do appreciate the work the City’s done on putting this plan together and the sooner we can get it the, it will sure help us out. Thank you. Mayor Laufenburger: Alright, well thank you for your comments Mr. Wold. Is there anyone else who would like to speak? Alright. Well Mr. Oehme I think you’ve answered all of our questions and you’re looking, the action you’re looking for tonight is simply a resolution or supporting a resolution. Approving a resolution of support for this, proceeding with this grant, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Any other council questions, comments, or actions? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald go ahead. Councilman McDonald: First of all you know I’d like to thank Paul and the City for working on this and finding a way to again keep the money from the Avienda project here in the city and I’m glad you found a good use for it. Everything that everybody has said it just doesn’t seem that this is a good engineering project to take on because it sounds as though over the years that’s what’s happened and every time they’ve engineered it it’s only made it worst downstream so I would fully support this project and again kudo’s to Paul and city staff for coming up with this. Mayor Laufenburger: Alright thank you Mr. McDonald. Anybody else? Councilman McDonald: Looking for a motion Mr. Mayor? Mayor Laufenburger: Whatever the council would like to do Mr. McDonald. Councilman McDonald: Then I would make a motion that the City Council approves a resolution of support for a DNR Flood Reduction Grant application to acquire properties located at 730, 750 and 770 Pioneer Trail. Mayor Laufenburger: Okay, we have a valid motion. Is there a second to that motion? Chanhassen City Council – March 12, 2018 12 Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion? Just to clarify Mr. Oehme, this is for the council’s benefit, this merely sets in motion the process by which a grant will be applied for, potentially awarded, supplemented by other funding the source of which you’ve identified county, the watershed the WAC project and that it will come back to the council for eventual discussion and approval, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Resolution #2018-26: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves a resolution of support for a DNR Flood Reduction Grant Assistance grant application to acquire properties located at 730, 750, and 770 Pioneer Trail. 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. Paul Oehme: Thank you. Mayor Laufenburger: And to the Haak’s and the Wold’s and your neighbor I just, I hope we can do this very, very soon. I’ve seen the consequences of that new water coming in there and you have our support. COUNCIL PRESENTATIONS. Mayor Laufenburger: Are there any council presentations this evening? Councilmember Ryan, yes. Councilwoman Ryan: Well Mr. Mayor I appreciate you making the suggestion earlier tonight and normally you talk about the Red Birds and baseball and I’m usually the one asking Mr. Hoffman when will the rinks open and when, how long can we keep the rinks open. This past weekend was a big weekend for hockey fans in Minnesota. I was actually reading an article today on the State of Minnesota Hockey News. It was written by the JV coach of the girls hockey team and he was saying what a unique state we live in when it comes to hockey and that it’s, there’s such a sense of pride that you get to play for your own community and your own school. A lot of other communities across the country play for AAA organizations that might have sponsorships outside of just their community and their school so as a very proud mother of two girls that play in the Minnetonka Hockey Association and my husband coaches, I’d like to congratulate the Minnetonka Skippers for winning their first state high school hockey tournament this weekend. It was a great win against Duluth East, 5-2. We were there. I was so Chanhassen City Council – March 12, 2018 13 proud and excited for all those young men but equally as excited for the whole student body and Minnetonka School District and this area. It’s just a great community and the parents and the grandparents that were there and all the students in the student section handled themselves very well and were really positive and supportive so I thought the whole environment was awesome and it was a little bittersweet in our family because my husband played for Duluth East so it was a house divided but the girls, we were all cheering for Minnetonka and were very proud so congratulations to the Minnetonka boys high school hockey team on your first victory of State. Mayor Laufenburger: Thank you Councilmember Ryan. Just a reminder to those that may not be aware of it. Chanhassen is a community of almost 26,000 people and the norther third of our community is part of the Minnetonka school district so it’s appropriate that we celebrate victories in Easter Carver County School, at Chanhassen High School and Minnetonka High School. Thank you. Any other council presentation at this time? I just have one that I want to speak to. Next Monday evening, March 19th I’ll have an opportunity to address the entire community at a, what I call the Chan-happenings 2018 update. There are a number of projects and priorities that the Chanhassen City Council and city staff will be working on during the next year and into the future and I think it’s very appropriate that the community have an opportunity to hear about all of those at one time so this is next Monday, March 19th at 7:00 p.m. at the Chan Rec Center. It’s free. Light refreshments will be served and I’ll have about probably 35 minutes of presentation on the various projects and there will be a question and answer time after that. Many members of staff will be present so if you’re interested in hearing about what’s happening in Chan- happening come on out next Monday night, March 19th at 7:00 p.m. so thanks. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt, any administrative presentations? Todd Gerhardt: Well Councilmember Ryan reminded me that I should extend a great appreciation to all our crews that flood our rinks, plow our roads and, our street department does a wonderful job so people can get to their different sporting events on the weekends and get to work during the weekdays and it was a tough year. There were some, a lot of snowfalls and they get up early to make sure that the roads are open and the rinks are flooded for those that enjoy the outside ice skating weather that we had this year and you know it’s a difficult job but we have some very skilled employees that do a wonderful job in maintaining our streets and trails so big thanks to those crews in the street department, utilities, park and rec maintenance crews do a wonderful job so I just wanted to extend my appreciation for them. Mayor Laufenburger: Good. Anything else? CORRESPONDENCE DISCUSSION. None. Chanhassen City Council – March 12, 2018 14 Mayor Laufenburger: Just a reminder council that immediately following this council meeting we’ll reconvene in the Fountain Conference Room for a brief discussion and continue our work session topic. With that is there a motion to adjourn? Councilwoman Ryan moved, Councilwoman Tjornhom seconded to 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 7:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MARCH 12, 2018 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, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Jon Gilbert 1641 Jeurissen Lane Liz & Bob Haak 770 Pioneer Trail Bob & Betty Wold 730 Pioneer Trail CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 26, 2018 2. Receive Planning Commission Minutes dated February 20, 2018 3. Approve Chanhassen Farmers’ Market Agreement 4. Resolution #2018-22: Approve Quote for Roof Replacement at Lift Station 24 5. Resolution #2018-23: Accept Quotes for West Water Treatment Plant Chemical Feed Equipment. 6. Resolution #2018-24: Approve Park Road/Park Place Project 16-04 Change Order #2 7. Resolution #2018-25: Accept Quote for the 2018 Well Rehabilitation Project 8. Award Low Quote: Installation of MUSCO LED Lighting at Lake Susan Park Baseball Field All voted in favor and the motion carried unanimously with a vote of 5 to 0. City Council Summary – March 12, 2018 2 VISITOR PRESENTATIONS. None. APPROVE A DNR FLOOD DAMAGE REDUCTION GRANT ASSISTANCE PROGRAMN APPLICATION FOR PROPERTIES ALONG PIONEER TRAIL. Paul Oehme presented the staff report on this item. Councilwoman Ryan asked for clarification of how the process will proceed and funding sources. Councilman McDonald asked for an estimate on the timeframe to get this project accomplished. Mayor Laufenburger asked for clarification of the approval process before opening the meeting for public comment. Bob Haak, 770 Pioneer Trail discussed the history of flooding on his property. Bob Wold, 730 Pioneer Trail discussed how development in the area has affected drainage patterns. Resolution #2018-26: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves a resolution of support for a DNR Flood Reduction Grant Assistance grant application to acquire properties located at 730, 750, and 770 Pioneer Trail. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Councilwoman Ryan congratulated and discussed how proud she was of the Minnetonka High School boys hockey team for winning their first State Hockey Championship. Mayor Laufenburger invited residents to come to Chan-happenings 2018 on Monday, March 19th at the Chanhassen Rec Center where he will be discussing what is happening in the city. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt extended his appreciation to city staff in the street, utility and park and rec departments for the great work they do. Councilwoman Ryan moved, Councilwoman Tjornhom seconded to 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 7:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING MARCH 12, 2018 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, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Jon Gilbert 1641 Jeurissen Lane Liz & Bob Haak 770 Pioneer Trail Bob & Betty Wold 730 Pioneer Trail Mayor Laufenburger: Thank you and welcome to those, welcome to this council meeting. Those of you that are present in the chamber. There’s about 10 folks in the chamber with us this evening and also those of you that are watching on Mediacom cable TV at home or via the website livestream. Nice to have you with us and for the record let it be known that all members of the council are present this evening and we’re ready to move on. First action is the agenda. Council members are there any modifications to the agenda as printed? And if not then we will proceed with the agenda as printed. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 26, 2018 2. Receive Planning Commission Minutes dated February 20, 2018 3. Approve Chanhassen Farmers’ Market Agreement 4. Resolution #2018-22: Approve Quote for Roof Replacement at Lift Station 24 5. Resolution #2018-23: Accept Quotes for West Water Treatment Plant Chemical Feed Equipment. 6. Resolution #2018-24: Approve Park Road/Park Place Project 16-04 Change Order #2 Chanhassen City Council – March 12, 2018 2 7. Resolution #2018-25: Accept Quote for the 2018 Well Rehabilitation Project 8. Award Low Quote: Installation of MUSCO LED Lighting at Lake Susan Park Baseball Field All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. Mayor Laufenburger: For those of you that are watching at home or via livestream we have visitor presentation at every regularly scheduled council meeting. This is a great opportunity for you to speak to the council about any matter concerning the city. Any encouragement or any problems you’d like to address. We can’t always address the problem right away but we certainly can direct staff to investigate the problem. There being no visitor presentations at this time I will close visitor presentation. APPROVE A DNR FLOOD DAMAGE REDUCTION GRANT ASSISTANCE PROGRAMN APPLICATION FOR PROPERTIES ALONG PIONEER TRAIL. Mayor Laufenburger: Mr. Oehme is this your’s? Paul Oehme: That’s correct Mayor. Mayor Laufenburger: Alrighty. Paul Oehme: Good evening City Council members as well. Again this is to consider staff putting an application out for DNR flood mitigation for properties along Pioneer Trail so the properties in question are 730, 750, and 770 Pioneer Trail. These properties are located just west of 101 and along Pioneer Trail and north of Bluff Creek Golf Course as shown here. So these problems have been historically had flood problems. Flooding of these properties have been reported back since the 70’s. City staff has records of that. The City did model this area and it’s apparent that rain events over 2 ½ inches in a 24 hour period can flood out the back yards and then rain events over 3 ½ inches can potentially, over a 24 hour period can flood out some of the structures on the property as well. And just for reference a 100 year storm event is right around 7 inches of rain so the watershed area, or the water that contributes to this area or is collected is about 11.4 acres and mainly comes from the north and then also from the east of this area. So the properties, these 3 properties were built in the 60’s and 70’s when the city was very small at that time. The properties do have well and septic on them right now and there is no city services in this area so if say the septic systems were to fail or the well were to fail it’d be very difficult and expensive for these properties to hook up now and into the future as well. So I just, some of the property owners have given the City some pictures over the years about the flooding problems in this area so this is a flooding event that took place in the 70’s. Family going out for Chanhassen City Council – March 12, 2018 3 a canoe ride. In the 80’s we also we were seeing a lot of flooding as well too. This is the Haak’s property out their back porch and then a picture from Pioneer Trail, just south of Pioneer Trail showing some of the flooding in the back yards here as well. In the 90’s there was some bigger storm events flooding some of the garages in the area in the back yards and impacting some of the structures in the, on these properties. And again in the 2010’s I think 2014 is these photos were taken. Again flooding out some of the garages and some of the basements as well at this time. So staff did survey this area and then we also did complete a storm water modeling of the watershed. Properties areas primarily drain by an old field tile that follows the ditch line along Pioneer Trail. That water takes most of the small rain events from this area. When those larger rain events happen there are a few culverts along Pioneer Trail again that take some of that water as well. The drainage system we looked at. We modeled it. Can be replaced and to reduce the flooding in this area but would potentially create flooding downstream as well if we were to take a lot of the flood water from this location and move it downstream so there’s a barn downstream of here. There are Powers Boulevard potentially would be impacted and this water flows down into Bluff Creek which is impaired water already and then down the bluff as well so we’re concerned about having more water discharging at this point downstream and more erosion down the bluff as well so we want to try to avoid that. So we looked at trying to balance out what we can do for flooding in the back yards. The back yards are considered wetland areas as well so in terms of an engineering solution just, if we just look at the back yards and try to capture some of that water. Pond it or to do something else there’s some limited options we can do there just because of the wetland rules that we have today. So this is a model of our hydro cad showing the area of drainage. So this is a 100 year event so the properties, 770, 750 and 730 are shown right here. This is Pioneer Trail and 101 is on the right hand side here so the red line shows what the current 100 year water elevation would potentially be today as modeled and then we looked at what a potential solution would be to improve the drainage in this area but not flood out you know downstream, or have downstream impacts because of more water going downstream so based upon our modeling and we were looking at the drain tile I talked about earlier, that’s about an 8 inch pipe. We think we can upsize that to about a 12 inch pipe. With that however we’re not gaining much flood relief so the green line here is showing what potentially the new high water elevation would be with that improved system so we’re saving a little bit on the high water event but not much. We’re still looking at potentially flooding out the garages and some other structures on the property as well. So in summary what we are finding is there doesn’t seem to be a good engineering solution to significantly reduce the flooding problems on these properties and then just looking if there were to be a flood you know solution out here, you know even extending city services to this properties will be cost prohibitive since there is really no sewer and water in this area right now or plan to be in the near future as well. So what staff’s recommendation is to seek out funding to potentially purchase these properties and re-establish wetlands in this area. We have talked to Carver County and the watershed district and the DNR and some other folks too and trying to get some sense of what we can do to look at a project like that. As the council may remember the Avienda wetland alteration permit that was approved recently did, we did talk about what this project as potentially an improvement project for the funding that the developer would give to the city in lieu of wetland mitigation on site or within the watershed district. As you may recall there were some wetlands that were Chanhassen City Council – March 12, 2018 4 going to be impacted by the development and there was no alternate site on, alternative site on the development or within the watershed district to mitigate those wetlands so in lieu of that the developer is planning to give the City some funds for wetland alteration project or storm water improvement project so this may be a good fit for those funds. So like I mentioned before there is a DNR grant that’s available right now for flood mitigation. We did have a conversation with the DNR about this and what the grant allows for up to 50 percent of the improvement to be funded by this DNR grant so that, in this case it would fund up to 50 percent of the property acquisitions and it will also contribute to the funding of the demolition of the structures on site. Capping the wells, septic systems, those type of things. The City staff has talked to Riley- Purgatory-Bluff Creek Watershed District as well and they’re very interested in partnering with the City on this project. They think it’s a good project and then trying to restore the wetlands in this area. And then we also have talked to Carver County and some other folks and there might be some other potential grants out there for acquisitions and wetland improvements down the road as well. So with that if there’s any questions for me I’d be more than happy to try to answer them. We do have some of the residents here as well if you’d like to visit with them as well. Mayor Laufenburger: Okay, thank you Mr. Oehme. First let’s begin with council. Are there any questions you have of Mr. Oehme at this time? Go ahead Elise. Councilwoman Ryan: More of a general question. I don’t know if you...or not but could you just explain this process. This is new to me so the flood reduction grant assistance and if you could just explain that. Todd Gerhardt: Yep, Paul could you go back to the wetland picture. That one right there. What you have here is a situation where when you have historic events of rains and it seems as though we have more of them recently where the water does go outside of the green or the red lines and in some cases they have gone into basements I’ve been told and so the DNR, the watershed district is always looking at ways to try to improve our wetlands and one way of improving the wetland here is to expand on it. And the key thing that our wetlands do is they act as bowls. They hold the water and then once the bowl is full it slowly leaks out the edge and we want it to slowly release into the system. Paul says there’s really not an engineering way of fixing this problem but an engineer can figure out anything. You could put a big pipe and just drain the whole wetland and put it down into the Bluff Creek corridor but then what you would do is create erosion along the Bluff Creek corridor and we’ve seen situations downstream where we do have erosion just from the current runoff of you know filling in the silt and sand into the Minnesota River as one of our candidates talked earlier tonight about being one of the most polluted rivers in Minnesota. So slowly releasing the water is the goal of our storm water management system. That’s why we have storm water ponds to capture runoff. To slow the water down and we really have not taken advantage of this program because Chanhassen is fairly new we’ve had most of our homes built above the high water mark but occasionally there are homes that are close to wetlands or into the, into or close to the floodplain area. Chanhassen City Council – March 12, 2018 5 Councilwoman Ryan: So I guess to clarify that question almost. Your information was helpful but you will apply for the grant and then if the grant is approved and they provide up to 50 percent of the cost of the acquisition. Todd Gerhardt: Yes. Councilwoman Ryan: And then other. Todd Gerhardt: We’re expecting. Councilwoman Ryan: Other fund sources come in or. Paul Oehme: Right. Todd Gerhardt: Yep. We’re expecting funding from the watershed district and potentially from the county and the city, those 3 agencies. Councilwoman Ryan: And do we have a number that we’re trying to achieve? Paul Oehme: Well so we have estimates for what the appraised values are right now. Councilwoman Ryan: Okay. Paul Oehme: And we have other ancillary costs associated with that so we have a ballpark number what we think it would take to purchase these properties and yeah, we’re pretty close I think on getting the amount of money necessary for the purchase of these properties. Councilwoman Ryan: Okay. Paul Oehme: But if the Avienda money would come through that would really help offset our costs and then the watershed district already has allocated some money actually for this project already so. Councilwoman Ryan: And then once the structures are removed then it just becomes a wetland and then when, I mean I know Todd in the past one of the long term goals is to have a trail along Pioneer Trail. Is that part of these costs then as well or is that completely separate? Paul Oehme: No. Todd Gerhardt: No. Paul Oehme: That’s completely separate. We do have to look at those future improvements as well down the road and so if we do capture the money for allocation of these properties we Chanhassen City Council – March 12, 2018 6 probably would like to take a trail easement or road easement first before we dedicate it as a wetland. Councilwoman Ryan: Okay, so that’s then and that’s part of the process. Paul Oehme: That’s part of the process, exactly. Yep. And the DNR said they, you know they don’t have all the funds available right now if we were successful in getting money for these, for this grant so it might be a year or 2 years, 3 years, 4 years out before we potentially could have enough funds for acquiring any of these properties so it’s going to be a long process. It’s just not acquiring the properties. There would have to be again a wetland improvement project out here so there’s some trees out here that probably would be removed and then some grading work and some vegetation improvements that would also take place after the acquisitions are completed so that would, we would seek funding for, another grant for the wetland improvements after the properties have been acquired. Councilwoman Ryan: Oh, okay. Okay, great. Todd Gerhardt: Yeah it’s a multi-step process and it is a public taking of the 3 properties so relocation costs are included in that acquisition price and which, and then the building demolition would also be a part of the overall project as Paul stated for the, that would fall more into the wetland improvement area. Paul Oehme: Well the DNR would be, DNR funds are eligible for the demolition. Todd Gerhardt: Oh that is? Paul Oehme: And the septic and the wells too so. Todd Gerhardt: Okay. Councilwoman Ryan: Okay. Thank you. Mayor Laufenburger: Mr. Campion go ahead. Councilman Campion: Yeah one question. So the property just to the west of those other 3 properties would not be affected by this? Paul Oehme: No. I mean so the goal would be to not raise the water you know where it is today so we’d try to keep it at the same 100 year elevations so basically the neighbor does have wetlands on his property so where you see the red and the green line, that’s approximately where the high water line would still take place. His structures are far enough away from that high water mark where it wouldn’t be impacted. Chanhassen City Council – March 12, 2018 7 Todd Gerhardt: If you see the black, it’s the build, I think that’s the barn. Paul Oehme: This is the house here. Todd Gerhardt: A house and then the barn is farther back. Paul Oehme: To the west, yep. Mayor Laufenburger: Is that the only property on Pioneer Trail west of 730, 750 and 770? Paul Oehme: That’s correct. Mayor Laufenburger: Okay. Does that answer your question Mr. Campion. Councilman Campion: It does. Kate Aanenson: I would just add too when we look at the redevelopment of that area sometime when there’s sewer and water to that property that’s immediately to the west and the one to the north, those could be subdivided in the future but again as the City Engineer stated that could be down the road. They could get sewer and water as Mr. Erhart’s property developed, it could be a street that came, you know a cul-de-sac or something coming that way. We had looked at that before in the comp plan so. Mayor Laufenburger: Anybody else? Mr. McDonald go ahead. Councilman McDonald: You mentioned a number of years. Can you give me an estimate of what kind of timeframe we’re looking at to get this accomplished? Paul Oehme: Well staff would like to try to make these acquisitions as soon as we can so if the money comes together, I mean it would be a one or two year process. The DNR doesn’t know exactly where their funds are yet for fiscal year ’19 so they say we could potentially one or two properties this year and then one maybe next year but they don’t know for sure. The funding right now, I think we have a pretty good shot of getting the funding. When we talked to the DNR they said most of the funding for this program has gone out of metro the last 5-6 years so it’d be nice to have a metro project in the near future so. Councilman McDonald: Okay, thank you. Mayor Laufenburger: So Mr. Oehme can you just clarify, we are not funding anything tonight. The only thing we’re doing is we’re following a procedural process that requires the City Council pass a resolution in support of this project, is that correct? Chanhassen City Council – March 12, 2018 8 Paul Oehme: That’s correct. All the staff is asking for tonight is to pass a resolution supporting the application to move forward. We do not have any money secured at this time. There’s no projects that have been approved at this time. It’s just a resolution of support of submitting an application for the DNR. Mayor Laufenburger: Okay. One more question if I may. If we pass this, at what point in the future will this project come back to the council for approval or are we giving our approval to this right now? Paul Oehme: No it would still have to come back and so the City Council would have to accept the funds and then we’d have to go through the acquisition process so there’d be another, a bunch of steps along the way to that the council would have to approve for the expenditure of DNR funds and some of these other grant funds that we’re talking about. Mayor Laufenburger: Okay. Mr. Oehme I know this has been, and I know the Haak’s are with us tonight and maybe their neighbors are here as well. We, this is not a new problem. This has been going on, as you pointed out from these pictures for a long, long time. What makes this sort of thing possible at this time? Paul Oehme: I think some of the, you know the funding that we have been talking about through the Avienda project and just the problem’s not getting, is not going away so we’ve been looking at alternatives to try to improve this over the years and nothing really has come through fruition. I think there’s been a desire on some of the property owners that have lived here since the 60’s and 70’s to maybe move on so in terms of salability of their property with you know the known flood problems that they have in their yard I think it’s going to be difficult for them to sell so I think all those things have kind of worked to this point in time where I think it’s time we actually consider purchasing the properties and restoring this area to what it originally was. Mayor Laufenburger: So this is one of those times where owning property on the waterfront is not such a good thing right? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Todd Gerhardt: Mayor? Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: Mayor and council, as a part of the Avienda project you know the developer looked for opportunities to improve wetlands in and around the Chanhassen area and there really wasn’t anything standing out and then Paul and his team came up with the idea of well this is an opportunity where we would improve a wetland situation. You know the septic systems when Chanhassen City Council – March 12, 2018 9 they do flood are in that high water area and that’s not improving the water quality at all so, and I think we’ve got 3 willing sellers in this situation if all the appraisals are agreed upon and so this would be a project that could be improved in Chanhassen for a wetland instead of Nicollet County or Martin County or you know somewhere outstate so I know that was an issue with the watershed district and some council members and so, so Paul came up with this idea and it’s been something that’s been on the back burner for a while and with the Avienda development it got moved up to the front burner. Mayor Laufenburger: Okay, thank you Mr. Gerhardt. I know that, I visited this, I have visited this site personally over the last 8 months and I’ve seen the impact of 2 ½ and a 3 inch rain and I know Mr. Oehme you’ve been exploring ways of dissipating that water faster and there are, there just as Mr. Gerhardt has pointed out there’s just problems associated with that too. And this is not a public hearing but if any of the neighbors would like to speak to the council at this time just to share your personal experiences I would welcome an opportunity for that. Bob if you’d like to come, anybody. I just ask that you lift up that microphone to your mouth and state your name and address if you wouldn’t mind. Bob Haak: Bob Haak, 770 Pioneer Trail, Chanhassen. We’ve lived, Liz and I have lived here since 1971 or since ’73 on the property. Ever since we came it started or it’s been flooding. Maybe not to the extent it does now. The problem that I, there’s two problems that I see. The first one is the, I don’t believe the home should have been built there in the first place. It was a fairly reasonably priced home when I purchased it. The owners were not, did not have to disclose the water issues that we had with it. We’ve lived with them for a long, long time. What probably broke the camel’s back is when, I believe it was 2014 or ’10, I don’t remember exactly off hand. Mayor Laufenburger: June, 2014. Bob Haak: June, 2014 the drain tile that the farmer put in well before we moved there plugged. Tree roots grew through the tile. The tile is 10 inches in diameter. It’s concrete. It’s very thin and it, I found broken pieces of it all over the place. Mayor Laufenburger: And Bob just to clarify, this is the drain tile that you’re referring to on the property just to your west, is that correct? Bob Haak: That is correct. Mayor Laufenburger: Yeah so this is part of the tile that takes the water from your property adjacent and delivers it west towards Bluff Creek. Bob Haak: Right. Mayor Laufenburger: Okay. Chanhassen City Council – March 12, 2018 10 Bob Haak: The 24 inch tile or culvert that goes under my neighbor’s driveway normally, I mean we have flooding water, we would have flooding water if it weren’t for this little drain tile. And when it rains substantially the overflow that is not held by the, is not handled by the drain tile goes over the surface. But the remainder of the water takes 2 or 3 days for the water to dissipate through this 10 inch drain tile. Well it plugged. We are really at the mercy of this drain tile so if it happens this year, every rain I’m thinking oh am I going to have to bail water out of my basement again. I mean that’s basically what it comes to so my hope is that we can do this project one way or the other. And the sooner the better as far as we are concerned and I appreciate your time and I appreciate the staff’s time on this project. Paul has done a lot and the mayor was out and visited us on a rainy night and we appreciate all the help but we really would like to get this taken care of and thank you. Mayor Laufenburger: Thanks Bob. Is there anybody else who would like to speak at this time? Welcome, just state your name and address please. Bob Wold: My name is Bob Wold and my wife Betty and I live at 730 Pioneer Trail. Mayor Laufenburger: So your’s is the first house closest to. Bob Wold: We’re the first one. We’re upstream. Mayor Laufenburger: Yeah you’re upstream. Bob Wold: And this problem, this land when we moved into it we actually, my wife actually raised 32 sheep in the back yard and so it wasn’t when we were here we checked on it and when we first moved in in ’75 it wasn’t considered wetland at that time but of course we had a lot different environmental standards then. But the land across 101 to the east. Mayor Laufenburger: Foxford. Bob Wold: Were all farm fields. Mayor Laufenburger: Yep. Bob Wold: And that’s been developed where it either runs into Lake Riley or a good portion of it, which is a lot more hard surfaces now, comes back and goes through culverts into this area. Where the miniature golf course is, Halla Golf Course that was a tree farm and they didn’t drain the water off from that so it was another area that the water sunk into. Well when they did 101 they put a 36 inch culvert draining that area into our back yard too as they made a golf course out of it. There was a drainage area, a pond across 101 from our property which was a pond that right out they put a bike path in and put more culverts coming into our area. The culverts that come into it, I think they’re about 36 inch culverts and they’re about 12 inches lower than the 14 Chanhassen City Council – March 12, 2018 11 inch culvert that goes out of the land so we’re really kind of up against it. When the drain tile was functioning it would lower our water level about 41 inches from the surface back there. Now the water level is almost at the surface in my back yard. We built a pole barn last year and we had to spend an extra $14,000 to put in concrete pilings and go down deep enough because the water level was too high. With septic systems and basements, with the water level that high the freezing of the ground now is cracking foundations and basements and I know the drain fields, if we had to replace our septic system now we’d have to put in a, raise it above ground and it really, it’s not an area that we should have and especially with the other water that we’ve got coming into that area. So but I do appreciate the work the City’s done on putting this plan together and the sooner we can get it the, it will sure help us out. Thank you. Mayor Laufenburger: Alright, well thank you for your comments Mr. Wold. Is there anyone else who would like to speak? Alright. Well Mr. Oehme I think you’ve answered all of our questions and you’re looking, the action you’re looking for tonight is simply a resolution or supporting a resolution. Approving a resolution of support for this, proceeding with this grant, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Any other council questions, comments, or actions? Councilman McDonald: Mr. Mayor. Mayor Laufenburger: Mr. McDonald go ahead. Councilman McDonald: First of all you know I’d like to thank Paul and the City for working on this and finding a way to again keep the money from the Avienda project here in the city and I’m glad you found a good use for it. Everything that everybody has said it just doesn’t seem that this is a good engineering project to take on because it sounds as though over the years that’s what’s happened and every time they’ve engineered it it’s only made it worst downstream so I would fully support this project and again kudo’s to Paul and city staff for coming up with this. Mayor Laufenburger: Alright thank you Mr. McDonald. Anybody else? Councilman McDonald: Looking for a motion Mr. Mayor? Mayor Laufenburger: Whatever the council would like to do Mr. McDonald. Councilman McDonald: Then I would make a motion that the City Council approves a resolution of support for a DNR Flood Reduction Grant application to acquire properties located at 730, 750 and 770 Pioneer Trail. Mayor Laufenburger: Okay, we have a valid motion. Is there a second to that motion? Chanhassen City Council – March 12, 2018 12 Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion? Just to clarify Mr. Oehme, this is for the council’s benefit, this merely sets in motion the process by which a grant will be applied for, potentially awarded, supplemented by other funding the source of which you’ve identified county, the watershed the WAC project and that it will come back to the council for eventual discussion and approval, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Resolution #2018-26: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves a resolution of support for a DNR Flood Reduction Grant Assistance grant application to acquire properties located at 730, 750, and 770 Pioneer Trail. 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. Paul Oehme: Thank you. Mayor Laufenburger: And to the Haak’s and the Wold’s and your neighbor I just, I hope we can do this very, very soon. I’ve seen the consequences of that new water coming in there and you have our support. COUNCIL PRESENTATIONS. Mayor Laufenburger: Are there any council presentations this evening? Councilmember Ryan, yes. Councilwoman Ryan: Well Mr. Mayor I appreciate you making the suggestion earlier tonight and normally you talk about the Red Birds and baseball and I’m usually the one asking Mr. Hoffman when will the rinks open and when, how long can we keep the rinks open. This past weekend was a big weekend for hockey fans in Minnesota. I was actually reading an article today on the State of Minnesota Hockey News. It was written by the JV coach of the girls hockey team and he was saying what a unique state we live in when it comes to hockey and that it’s, there’s such a sense of pride that you get to play for your own community and your own school. A lot of other communities across the country play for AAA organizations that might have sponsorships outside of just their community and their school so as a very proud mother of two girls that play in the Minnetonka Hockey Association and my husband coaches, I’d like to congratulate the Minnetonka Skippers for winning their first state high school hockey tournament this weekend. It was a great win against Duluth East, 5-2. We were there. I was so Chanhassen City Council – March 12, 2018 13 proud and excited for all those young men but equally as excited for the whole student body and Minnetonka School District and this area. It’s just a great community and the parents and the grandparents that were there and all the students in the student section handled themselves very well and were really positive and supportive so I thought the whole environment was awesome and it was a little bittersweet in our family because my husband played for Duluth East so it was a house divided but the girls, we were all cheering for Minnetonka and were very proud so congratulations to the Minnetonka boys high school hockey team on your first victory of State. Mayor Laufenburger: Thank you Councilmember Ryan. Just a reminder to those that may not be aware of it. Chanhassen is a community of almost 26,000 people and the norther third of our community is part of the Minnetonka school district so it’s appropriate that we celebrate victories in Easter Carver County School, at Chanhassen High School and Minnetonka High School. Thank you. Any other council presentation at this time? I just have one that I want to speak to. Next Monday evening, March 19th I’ll have an opportunity to address the entire community at a, what I call the Chan-happenings 2018 update. There are a number of projects and priorities that the Chanhassen City Council and city staff will be working on during the next year and into the future and I think it’s very appropriate that the community have an opportunity to hear about all of those at one time so this is next Monday, March 19th at 7:00 p.m. at the Chan Rec Center. It’s free. Light refreshments will be served and I’ll have about probably 35 minutes of presentation on the various projects and there will be a question and answer time after that. Many members of staff will be present so if you’re interested in hearing about what’s happening in Chan- happening come on out next Monday night, March 19th at 7:00 p.m. so thanks. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt, any administrative presentations? Todd Gerhardt: Well Councilmember Ryan reminded me that I should extend a great appreciation to all our crews that flood our rinks, plow our roads and, our street department does a wonderful job so people can get to their different sporting events on the weekends and get to work during the weekdays and it was a tough year. There were some, a lot of snowfalls and they get up early to make sure that the roads are open and the rinks are flooded for those that enjoy the outside ice skating weather that we had this year and you know it’s a difficult job but we have some very skilled employees that do a wonderful job in maintaining our streets and trails so big thanks to those crews in the street department, utilities, park and rec maintenance crews do a wonderful job so I just wanted to extend my appreciation for them. Mayor Laufenburger: Good. Anything else? CORRESPONDENCE DISCUSSION. None. Chanhassen City Council – March 12, 2018 14 Mayor Laufenburger: Just a reminder council that immediately following this council meeting we’ll reconvene in the Fountain Conference Room for a brief discussion and continue our work session topic. With that is there a motion to adjourn? Councilwoman Ryan moved, Councilwoman Tjornhom seconded to 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 7:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Receive Park & Recreation Minutes dated February 27, 2018 Section CONSENT AGENDA Item No: D.2. Prepared By Nann Opheim, City Recorder File No: N/A PROPOSED MOTION “The City Council receives the Park and Recreation Commission Minutes." Council approval requires a Simple Majority Vote of members present. ATTACHMENTS: Park and Recreation Commission Summary Minutes Park and Recreation Commission Verbatim Minutes CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES FEBRUARY 27, 2018 At 6:30 p.m. the commission interviewed applicants for the Park and Recreation Commission. Chairman Scharfenberg called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Steve Scharfenberg, Cole Kelly, Rick Echternacht, Jennifer Hougham, Karl Tsuchiya, Meredith Petouvis, Lauren Dale and Grant Schaeferle. Jim Boettcher arrived late for the meeting. STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Katie Matthews, Recreation Supervisor PUBLIC PRESENT: Scott Wosje 7125 Northwood Court APPROVAL OF AGENDA: The agenda was approved with the addition of a recommendation to the City Council concerning candidate interviews under New Business. PUBLIC ANNOUNCEMENTS. None. VISITOR PRESENTATIONS. Scott Wosje, 7125 Northwood Court discussed the need for mountain bike trails in Chanhassen. Chairman Scharfenberg asked where current courses are located. Commissioner Tsuchiya asked about desired terrain. Commissioner Kelly asked if Mr. Wosje had been in conversation with Carver County Parks. Commissioner Tsuchiya asked about the competition season and environmental impact. APPROVAL OF MINUTES: Echternacht moved, Hougham seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated January 23, 2018 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. DETERMINE DISCUSSION TOPICS FOR APRIL 9, 2018 JOINT MEETING WITH CITY COUNCIL. Todd Hoffman reviewed this item. Commissioner Kelly suggested discussing Lake Susan ballfield lighting, the potential development of a Lake Ann trail system, and funding for the 20 year park replacement plan. Chairman Scharfenberg suggested discussing finishing the development of Bandimere Park. Park and Recreation Commission Summary – February 27, 2018 2 RECOMMENDATIONS TO CITY COUNCIL FOR COMMISSIONERS. Chairman Scharfenberg reviewed ranking of applicants for the Park and Recreation Commission. Kelly moved, Echternacht seconded that the Park and Recreation Commission recommends that the City Council use their ranking for the following commission applicants: 1. Jim Boettcher 2. Bethany Collins 3. Adam Smith 4. Joseph Scanlon All voted in favor and the motion carried unanimously with a vote of 8 to 0. REPORTS: 2018 FEBRUARY FESTIVAL EVALUATION. Katie Matthews presented the report on this item. Chairman Scharfenberg asked about feedback for ice golfing and Chick-fil- A’s involvement in the event. Commissioner Hougham suggested asking Michael Cycles to partner with the City with their fat tire bikes. 2018 DADDY/DAUGHTER SWEETHEART DANCE EVALUATION. Katie Matthews presented the report on this item. Commissioner Echternacht mentioned that one of the applicants for the Park and Recreation Commission suggested hosting a Mother/Son event in the future. COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. None. Boettcher moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 9 to 0. The Park and Recreation Commission meeting was adjourned at 8:15 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING FEBRUARY 27, 2018 At 6:30 p.m. the commission interviewed applicants for the Park and Recreation Commission. Chairman Scharfenberg called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Steve Scharfenberg, Cole Kelly, Rick Echternacht, Jennifer Hougham, Karl Tsuchiya, Meredith Petouvis, Lauren Dale and Grant Schaeferle. Jim Boettcher arrived late for the meeting. STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Katie Matthews, Recreation Supervisor PUBLIC PRESENT: Scott Wosje 7125 Northwood Court APPROVAL OF AGENDA: Scharfenberg: So we have any changes to the agenda? Hoffman: Chair Scharfenberg I recommend we add a recommendation to the City Council concerning your candidate interviews. Scharfenberg: Okay so we’ll put that as number 2 under new business. Any other changes to the agenda? Okay. PUBLIC ANNOUNCEMENTS. Scharfenberg: Okay, no public announcements tonight. Hoffman: Other than the ice rinks are borrowed time so skate the next couple of days. VISITOR PRSENTATIONS. Scharfenberg: Do we have any visitor presentations tonight? Scott Wosje: I do. Scharfenberg: Step up. State your name and your address please. Park and Recreation Commission Summary – February 27, 2018 2 Scott Wosje: Good evening. Thank you for the opportunity. Scott Wosje. Last name’s W-o-s- j-e. 7125 Northwood Court, Chanhassen. Here tonight to put on the radar, not that it’s not already on the radar, mountain bike trails within Chanhassen. I live in the Longacres neighborhood. There’s a number of dads and moms too that are passionate about mountain biking and they do Mammoth. Some trails back there are private. To my knowledge there’s nothing in Chanhassen that would allow us to do mountain biking so we’re always having to put our bikes on our car racks and go somewhere so I’m also, so myself, I’m also President of the Association which means I’m just the sucker that says no I won’t volunteer. I always do so the Longacres Association throw their name in the hat as far as being interested. Also have a son on the Chanhassen Mountain Bike Team that, the Mountain Bike Team is also looking for a place and I feel probably the most, in addition to wanting a place for myself and my family to go mountain biking, I probably feel most passionately about the kids because it’s a club sport so I get struck between going to the Superintendent Clint who is doing a marvelous job and saying help us with this but it’s a club sport. It’s not technically an official sport so they have to raise their own money and it’s, the school gives them the opportunity to do it but it’s not like one of those official sanctioned sports like football or something that they get money for and is a higher level. The thing that’s important about mountain biking is, at least in the high school level is nobody gets cut so you can have the most unathletic kid out there that has no friends and he’s out there on a mountain bike and they’re part of the team so mountain biking is really important for the kids as well so it’s been proven and I’m happy to do a presentation. I’m happy to throw it to the commission on what can I do that it generates revenue if you do have a mountain bike place for people to come to. Spend some money. Mountain bike so tying it into some type of revenue generation for local businesses so I would ask that you consider it. There’s, I’ve talked to MnDOT about limited public use over off 212. They’ve got some turn back land there and not that the City has any money to buy land. I understand that and I wouldn’t ask that but they are open if we found the right area or the park commission was open to identifying the right area off of 212 where they have excess right-of-way land and they have done it in Mankato for a mountain bike trail. I met with them a couple weeks ago to discuss it so want to present it. Not present it but present the concept. Ask the council, the commission excuse me, to take it under consideration and maybe bubble it up in any way we can for the residents of Chanhassen. Scharfenberg: So Scott where does the current club go to to train mainly around here? Scott Wosje: They go to various places. Eagan, what is the mountain bike. Thank you. Lebanon Hills in Eagan. The Minnesota River Valley trails. They do go behind Mammoth a little bit but they’re cautious because so much of that land back there is private land so they’re trying to be careful with the trails. They don’t want to use it and get in trouble. They have used it a little bit and then the park that’s over behind Mammoth that’s actually on Chaska property they’ve used as well so they did have one practice on the school, high school land but it didn’t work out very well. It was just flat and just didn’t do anything for them so they tend to travel quite a bit quite honestly. We’re not the only ones that are struggling with it. Shakopee is saying can you get something between us and Shakopee so they can use it too so it’s other people Park and Recreation Commission Summary – February 27, 2018 3 are asking. The challenge with, over behind Mammoth is they’re also going on streets at times so it’s not probably the most safest thing quite honestly. Tsuchiya: What kind of terrain are you looking for and I guess you’re probably looking at a circuit too so length of circuit. Scott Wosje: You know ideally 3 miles is a nice length if we can get it. It’s what’s called single track ideally so it’s single file. In fact I thought about bringing pictures because so many people think of mountain biking as X Games and things like that where you’re doing BMX type stuff when the reality is you’re going through a trail and sometimes the trails are 12 inches wide and it’s a dirt path and sometimes it’s a little more open but typically it’s a 3 mile trail that’s through different types of terrain. It’s nice to go through a wooded area a little bit and then come out and have more of a field or almost, not marsh but rougher setting if you will. And then their races typically will be like that. They’ll come out and do a big field where all the spectators can see them and then they’ll go back into the woods and towards different terrain. They go down to Mankato quite a bit and do the Mount Kato ski. There’s a trail set up there as well. Tsuchiya: So it doesn’t sound too dissimilar from cross country running in a certain way. Scott Wosje: It’s not. I mean cross country running probably wouldn’t go through the woods as much. Tsuchiya: True, yeah. Scott Wosje: But you’re right, it would be somewhat similar and very natural. I mean the trails, we’ve got enough volunteers to be able to help build the trail. It’s just we have to find the land for it. Tsuchiya: Okay, thank you. Scharfenberg: Anybody else have any other questions for Scott? Kelly: Yes, Scott I do. I thought I read somewhere where the Carver County parks was looking into doing something for this. Have you approached them and what is their response been? Scott Wosje: Well Mr. Walsh, and Mr. Kelly. I’ve talked to Mr. Walsh and I’m hopeful of that. My perspective of that is they believe, they as a county believes that it’s important and part of their future but it’s not part of their near term future. I think it could be baked into their master plan at some point. I think Minnewashta would be a possible consideration and maybe you can Mr. Hoffman, maybe you can echo. I’ve only talked to him a couple times so I do know that it’s on their radar and they meet with other agencies to discuss it but the specifics behind it or how far along it is, I’m happy to research it but I can’t tell you factually. Park and Recreation Commission Summary – February 27, 2018 4 Kelly: Well I can call Marty and ask him about it. Scott Wosje: Yeah that would be awesome. Hoffman: It’s currently not in the master plan for Lake Minnewashta but they’re in their 2040 master plan process, just as the City is and so this is the time to start the conversation and see if there’s a space in the alignment for it. The terrain that’s being discussed is present at Lake Minnewashta but it’s also being utilized for other trail systems also at the present time so does it fit and then will it go into the master plan and then after that who funds it. Scott Wosje: We have looked at other opportunities. Crown College, we approached them. They have a lot of land and they have cross country skiing and running but they did want us touching with mountain biking there more coveted cross country trails. Echternacht: Scott is the club both Chaska and Chan combined or is it? Scott Wosje: Right now it is. You have to have 10 or more teammates to have your own. We see at some point they will be separate as Chaska gets to have a few more students on their team and then they will have to separate and be separate teams but as of now because Chaska doesn’t have enough the Chan/Chaska has one combined team. Echternacht: Okay. Tsuchiya: What season is the club operating in? Fall and spring? Scott Wosje: They start practicing, they probably get a little serious about practicing after July 4th. Tsuchiya: Oh, okay. Scott Wosje: And their last race, it’s pretty chilly, is at the end of October. Maybe end of October for sure. Tsuchiya: It’s only cold for the spectators right? Scott Wosje: That’s the biggest problem, yeah you are correct. You’re bundling up pretty good but yeah, so it’s the, like a September-October as far as school year time. It’s those couple months but they do practice as a team yeah usually after July 4th. Tsuchiya: Okay. What kind of, probably minimal but the environmental impact or I guess erosion impact does mountain biking typically have on terrain? Park and Recreation Commission Summary – February 27, 2018 5 Scott Wosje: The biggest erosion impact that I see is actually at the bottom and actually at the top. You’ll have trails, if you have the trail come right up to the top you’ll see that erosion will start at the top and come so a lot of times you’ll not come quite to the top. You’ll come to the sides so you’re not eroding from the top down and it stays much more stable. And then on the bottom if it’s too wet we tend to put in rock or some type of bridging to go across to eliminate erosion on the bottom because that’s where you get all the runoff. Kelly: Scott once there’s two teams for each high school is the vision that they’d share the same place to practice and have meets? Scott Wosje: I would think that would be the case. I’m not going to speak for matter of factly but. Kelly: Right. Scott Wosje: But I can’t see why it wouldn’t be the case unless somehow Chanhassen High School could get Chaska to put something in possibly. Kelly: Okay, thank you Scott. Scott Wosje: Yeah. Scharfenberg: Any other questions for Scott? Scott thanks for coming to the commission and we’ve I think had one presentation in the past. Scott Wosje: Oh okay. Scharfenberg: Regarding mountain biking so. Scott Wosje: Can I ask how recent that was? Scharfenberg: I think within the last 2 years. They were interested at the time at the property down, that’s being developed now south of Lyman. Between Lyman and 212, the new development down there. Scott Wosje: Okay. Scharfenberg: They were talking about wanting potential, the potential of putting something in that wooded area back there. That was kind of peaked their interest when that was being developed. Scott Wosje: But that kind of faded off. Park and Recreation Commission Summary – February 27, 2018 6 Scharfenberg: Yeah. Scott Wosje: Yeah. Kelly: I think we had a couple coaches come in and talk to us. Scott Wosje: Okay. Kelly: It’d be right about 2 years ago yeah. Scott Wosje: Okay. Thank you. Appreciate the time. Scharfenberg: Thank you. Alright, next item of business is approval of the minutes. APPROVAL OF MINUTES: Echternacht moved, Hougham seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated January 23, 2018 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. DETERMINE DISCUSSION TOPICS FOR APRIL 9, 2018 JOINT MEETING WITH CITY COUNCIL. Hoffman: Thank you Chair Scharfenberg, members of the commission. So annually you meet with the City Council on one occasion. Typically in a joint session. That will occur on Monday, April 9th starting at 6:00 p.m. That’s the current schedule so to facilitate that conversation it’s always best to at least forward some conversation topics that you know will be brought up by the commission that evening so that council can have some forewarning of what the conversation will be like and so that’s our task this evening as a commission to identify what those topics would be. I’ll format those into a memorandum form and then send those off to the City Manager. Scharfenberg: Thank you Todd. So we’ll open that up to discussion. Todd did send around or attached to our packet was the memo from last year in terms of the discussion. What items would the commission like to bring forth for that meeting in April? Kelly: Well you know I think we some of the things we’ve accomplished we’d talk about first and then move on quickly to what we see going forward and of course we’re going to get the Lake Ann, Lake Susan excuse me, lights which both we and the City Council were very involved in and they know that but I think we need to show them what we’ve done for the year. And then you know we can mention Lake Ann but until a developer really brings anything, I mean we know it’s out there and we’re ready to you know have fun with that and figure out where to go with it but until somebody steps forward with a plan and tries to buy it I don’t think there’s a whole lot to talk about other than you know we’d love to have a trail around there. People want Park and Recreation Commission Summary – February 27, 2018 7 open space but there’s going to be a lot of debate going on so I mean we can mention Lake Ann. And then I think we need to talk about how we’re going to fund the older parks and that’s kind of what I think one of the next steps is, you know we have at least 2 parks that should be completely refurbished right now and city staff has put together a plan for refurbishing the parks over what, the next 20 years Todd? Hoffman: Correct. Kelly: And have they seen that yet or should we bring that to the joint meeting? The plan. Hoffman: Yeah they’ve seen it. I think it’s a good conversation because it’s being talked about as a key financial strategy this year for the council to actually identify the funding source for the park replacement schedule. Kelly: Okay, and then we’ll be able to have a copy of it on our computer at the same time. And then kind of look at, you know I don’t think we have a whole lot going on in our CIP right now so we have to look at what developments are, you know and this is maybe city staff and Todd tell us what developments are going on and what kind of monies we’re expecting to see coming in this year to know where can we move forward. I think a sport court was put in. I can’t remember if that’s 2019 or 2020. We juggled some stuff around and I haven’t looked at the CIP that closely recently but I think those are kind of the big issues that we need to talk to, have a joint meeting with them. Scharfenberg: Okay, anybody else? I would like to put forward at least some discussion points with them on Bandimere just about finishing Bandimere. I know we’ve had those discussions with them in the past and you know there’s been a couple of items, at least the sport court and a shelter, and even if it’s not a large shelter, talk to them a little bit about that because I think there needs to be. I mean it’s the only park now that doesn’t have a shelter and so you know on some level if you want a shelter in a larger park it’s going to cost money. We don’t necessarily have the money in the CIP to do that and do you wrap that into something with the sport court and do a referendum to finish off Bandimere or finish off Bandimere and something else. I mean I think you could build some interest around that to complete Bandimere and that so I’d like to talk to them about their thoughts about that. That doesn’t mean necessarily lighting Bandimere as part of that. I don’t think there’s going to be a push necessarily to do that in light of Lake Susan you know at least for ballfield purposes to light those other ballfields out there. I’m assuming soccer would probably like us to do that to some extent to increase capacity with respect to soccer. But I would like to include a discussion at least about Bandimere as part of that. Kelly: Yeah, now’s the time. Here’s kind of my thoughts is the big push this year is going to be trying to get funding for the parks. The old parks and then I was thinking we’re not going to get a referendum out of them this year but next year is when we make the push but to plant the seed is probably a good thing. Because it’s either a referendum or they bond and until we get the Park and Recreation Commission Summary – February 27, 2018 8 funding sorted out for what we need I don’t see them bonding or doing a referendum but to put the seed in is probably a good idea. Scharfenberg: Todd can you share with us at least as a commission you know so everyone’s kind of maybe on the same board regarding, and the same level playing field in terms of this funding issue for the parks because they’ve had some discussions about options. Could you share with us kind of what those discussions have been to date? Hoffman: I sure can. So the goal is implement park replacement schedule and the action is initiate funding of an annual park equipment replacement schedule to efficiently address aged and deteriorated park equipment and infrastructure. You can see it ranked 1.6 so it’s fairly high on their key financial strategies and what they want to do is find cash on an annual basis. Right now the conversation has been around a quarter of a million on an annual basis and then set a schedule which we currently have. We have the overall schedule. Now once it turns into a financing tool that will be refined and actually identified because the 250 you know may not equate to two playgrounds or three playgrounds. You’re going to have to decide on a number and that 250 may go up or down depending on which particular projects are being financed on an annual basis. So the funding options are a variety. Primarily right now I think what they’re looking at is that, potentially that excess cash that was utilized for the park shelters and so that project, park shelters are done in 2018. This is the last year of the park shelter initiative and what that was funded with was the excess cash at the end of the year so you know you have $12 million dollar budget. $11 ½ million dollar budget. There’s a little extra cash left over at the end of the year and they financed those shelters with that cash. They’re also taking a look at a franchise fee for roads and if you take franchise money instead of levied money you’d have some additional cash that you could utilize there and so that’s an option as well. So that’s a discussion that the council will be having with staff and our finance group will be involved in that. Our administrative group and so they haven’t scheduled that conversation yet but it’s going to be taking place here sometime I would say around mid-year. Scharfenberg: So just to kind of, you know just kind of talking this through a little bit. What would you know, what would be our discussion point with them? I mean obviously we would like to see something done along those lines that we do have parks that are in need to repair and updating. Don’t we have to necessarily wait for them to decide what the funding source is before we can really tackle that? Hoffman: Yeah. I would offer to the council that you understand it’s on their key financial strategy. You support it and then let them know that you’re available if they want assistance. So sometimes when they’re developing these programs they may say okay well let’s see, let’s have the park commission develop the first 5 year plan. Let’s send it back to them so we want to see what they would finance and so just offer some assistance. Something that then they could say you know park commission you’re familiar with all the different projects that we have slated. What do you feel would be the first ones to go? Where would you want to schedule them on a Park and Recreation Commission Summary – February 27, 2018 9 yearly basis? And then perhaps just offer up any other assistance that they may have and so I think it’s scheduled and you just want to offer your support. Scharfenberg: Okay, thank you. Anybody else have any other discussions that they want to have regarding that meeting? Todd, would you send around to us that memo once it’s done so that if anybody has any changes or they want to put something in. Hoffman: I will. Scharfenberg: Okay, thank you. Hoffman: Be happy to. Thank you. RECOMMENDATIONS TO CITY COUNCIL FOR COMMISSIONERS. Scharfenberg: Earlier this evening we had 3 individuals come in and interview with the commission for the 2 openings that we have. That are present. After our meeting with those individuals we ranked the individuals that we would like to recommend going forward to City Council and the recommendation from the commission was to rank as follows: Number one would be Jim Boettcher. Number two would be Bethany Collins. Number three was Adam Smith and number four was Joseph Scanlon. So we would make that recommendation to council. Hoffman: Can we ask for a motion and a second please in an approval. Scharfenberg: Can I get a motion for recommendations to council for new commissioners? Kelly: I’ll make a motion that we recommend as in the following order as Steve already said. I won’t repeat it. That we forward it to the City Council for their appointment making. Scharfenberg: Okay we have a motion. Do I have a second? Echternacht: I’ll second it. Scharfenberg: We have a motion and a second. Kelly moved, Echternacht seconded that the Park and Recreation Commission recommends that the City Council use their ranking for the following commission applicants: 1. Jim Boettcher 2. Bethany Collins 3. Adam Smith Park and Recreation Commission Summary – February 27, 2018 10 4. Joseph Scanlon All voted in favor and the motion carried unanimously with a vote of 8 to 0. REPORTS: 2018 FEBRUARY FESTIVAL EVALUATION. Scharfenberg: Katie is going to report to us on Feb Fest. Matthews: Thank you Chair Scharfenberg and commission. I just want to say that the 25th Annual February Festival was held on the first Saturday in February which was the 3rd from noon to 3:00 at Lake Ann and it estimated over 1,000 people were there. Overall I think it was a great event. We had a good turnout. The snow made it interesting and fun and had a lot of really cool pictures with it and I just want to thank you know everybody who’s involved in this. This is a big event for the community and a lot of people put forward through it. The Rotary is a huge event sponsor. The Boy Scouts are a sponsor and then we have lots of volunteers that come. I know some of you guys made it out there so I just really appreciate that and it wouldn’t kind of turn out the way it does if we didn’t have everybody helping. So the Rotary Club of Chanhassen, they coordinated the food and the beverage sale again so Culver’s was there and then they had a concession inside the large tent with just some snacks and some beverages, both adult and non- adult beverages. We had the bonfires so it seemed to be a huge hit. People like using them especially when it was colder winter days and they have S’mores kits that they can buy from the Boy Scouts which are always fun. The Boy Scouts also sell bait on site. Live bait so that’s good for fishermen and fisherwomen who are coming. We also have the skating rink which is a popular free event. This year we had the skating rink and the loop and then for the past 2 years Carver County has brought their kick sleds which go right onto the skating rinks which are another really fun event that we could have on so the kick sled is like the back side of a dog sled so either one person can, you can kind of step on it and scoot along or one person can sit and you can kind of scoot that person so those are always really fun and we’ve enjoyed having Carver County there. We had the wagon rides again. Those are always another free fun event that everybody looks forward to. The wagon rides go down by Greenwood Shores and then they come back. For the second year we’ve had the fat tire bike demonstrations by Michael Cycles so those are kind of right when you come in and those are really fun winter activity that is picking up in popularity so it’s great to go there and try them out and ride them out on the lake. Ride them out on the land and just see how they work in the snow. We also had the medallion hunt this year and I think this was as far as a medallion hunt has ever gone. Definitely have learned more about medallion hunting this year than anything before so we’re just kind of taking everything we’ve learned this year and definitely going to kind of just implement it and we’re always looking to improve everything so that is one thing we are going to work on for next year. The ice fishing contest. So there were 662 fishing tickets sold and this was probably, if you were there or you saw any pictures of them the biggest fish we’ve ever caught. The top 11 were all northerns and then there were some really good size crappies and sun fish and I don’t think any perch landed on the board which is really unusual but you know that’s what kind of keeps us going is all the big fish and the excitement going. Let’s see here. So we had door prizes again Park and Recreation Commission Summary – February 27, 2018 11 which are always a hit because you don’t have to have a fishing ticket to win a door prize. You can just come and hang out and they’re free and everybody gets one. And once again if you have, oh. New this year, I don’t think we had it on there, we had a field goal kick and a touchdown toss as our Super Bowl was in Minnesota so we had some beams and a lot of people really enjoyed that. We teamed up with the Rotary for that event. Kari White helped put that on. And I think I also missed the hole drillers. The Rotary is always a huge part of the hole drilling. They come out in the morning and they drill over 1,000 holes and this year the ice was 24 inches deep in some areas so they definitely got a workout so you know we just really appreciate them because that is a huge task and with lots of people it makes it slightly easier. The 24 inches though did not help. Was good for everything else though. Hoffman: Last year was 11. It was real easy. Matthews: Yeah that is a lot of work. I went over this kind of fast so if you have any questions or need me to go over anything let me know but I just want to say it was a great event again. We had lots of help and we really appreciate it and we’re always looking you know onto the 26th year. Looking forward to it. Hoffman: And we want your ideas. Scharfenberg: Any comments for Katie? Kelly: So Katie I got a question for you. What did you salt the water with to get all the fish to bite like that? Matthews: I don’t know but we’re doing it exactly the same next year. Kelly: With the…Jerry and I didn’t have any chance to breathe practically. There were lines up in front of us to weigh the fish. It was really kind of exciting. Matthews: It was. Kelly: And then the boy scouts got involved and said we’ll get rid of the fish for you so that boy was having a lot of fun. Matthews: That’s true and we really, we’ve had the same 3 people. We have like a headquarters and so that’s where all the fish results. Jerry was writing them. Commissioner Kelly was recording them and weighing them and so all those fish results go back into the main headquarters and we’ve had the same 3 people there last year. We’ve been updating the top 10 fish just to help kind of keep people interested in, or you know kind of guessing where they’re going to be and seeing those. It’s a lot easier to do that more efficiently than it is to do all 50, especially with the giant fish we got this year coming in at all different times but they, so we’ve had the same 3 people and they’ve really got it down to a system so they were just tremendous Park and Recreation Commission Summary – February 27, 2018 12 help and with keeping things updated to try to help keep the lines down so you know what the bottom fish was so we knew if it was you know under a certain size we weren’t even going to weigh it just to try to get people through faster. Echternacht: Katie this year compared to last year do you know the number of tickets sold last year versus this year and then the same how many fish we caught last year versus this year? Matthews: So last year we had in the 700’s. I want to say 750 tickets sold. Fishing tickets sold. And last year the fish were a lot smaller. I don’t know the exact number of them but I want to say they were roughly the same. They were busy last year it’s just this year we were bigger and last year, I don’t know for those of you who were there, it was about 40 degrees last year and so we were, I think sometimes that has to do with the weather too. Sometimes not so much. It really was a nice day. It was just snowing so but from 40 to what it was this year it’s a little bit of a difference. Kelly: Yeah I don’t know if it was 3, 4 or 5 years ago but I remember when only 49 fish were caught and we had to do the raffle thing so watching, I think we had well over 200 fish brought in. It was really fun to see. Matthews: Yeah. Kelly: It was another great event by the way. Matthews: Thank you, yeah. It is a fun event. Scharfenberg: Karl or Meredith for first timers any comments or anything? Petouvis: Sell socks. Hoffman: Warm socks. Petouvis: Yes. I had on lots of socks but not enough socks. No it was very fun. Samantha and I both had a really good time and Karl and I were hopping. It was fun. Tsuchiya: We were. It was very busy. Petouvis: We’ll have a system for next year. Tsuchiya: We got it down. We know how to pull tickets right down the middle but it was very good. It was a wonderful event. The weather was, I think it was great. It’s Minnesota so I had no complaints. Petouvis: Right. Park and Recreation Commission Summary – February 27, 2018 13 Tsuchiya: You know as you’re pointing here you know, make sure people know how to dress appropriately. Matthews: Yeah we get some, we send, you know we ask for a lot of different volunteers and I send it out to a lot of the high schools and I never exactly know how to tell people like, we had some volunteers that were a little chilly so I’m like, you’re going to be on the snow. You’re going to be on the ice you know. Make sure you dress appropriate so it’s always we try to get that message out. Sometimes it’s received. Sometimes it’s not. Tsuchiya: Yeah, absolutely. Matthews: But I don’t have high schoolers so that just might be the way it goes. Scharfenberg: Well I’d say again to staff, Todd, Katie, Jerry, Adam and his crew, just again a wonderful job. Thank you for all of that work. I know it’s a big time commitment that you guys put in. Todd if you’ll express our appreciation to Rotary at your next meeting for all of the work that they do to put on that event. Again it’s just one of those kind of showpieces that we get to showcase our parks and our city and you guys do a wonderful job of doing that and it really shows so thank you again for all that you do in putting that together. I would just ask Katie with the newer items, with the high school with the golf event and with Chick-fil-A. Did they express that they had a positive experience and that they would maybe come back and do it again? Matthews: Yeah so the ice golf event was a DECCA project from one of the high schools. In talking with them they had over 200 people stop by and try to, they had the little ice golf course and then they were taking just free will donations towards, that went towards PROP and they raised $203 in just that event so they were, they were very happy with it and in continuing forward, so this was one of their specific DECCA projects. They were looking for community involvement. They’ve done a few pop up things around for PROP so we’re going to, we’re trying to work on how can we incorporate that again next year because it will be a new group of people if they decide to go on. To go on with this event. Scharfenberg: Okay. Matthews: And then Chick-fil-A I believe they were happy. They worked a lot with the Rotary and Kari White. Just working with Chick-fil-A and some other things are a community event sponsor. They seem to be really eager and willing to help out in the community so I see them being a partner again on some things. Scharfenberg: Good to hear. Thank you. Boettcher: I did notice one thing. This is the first one I’ve missed in 5 or 6 years. Contestant that came in 55th place, I hope that’s not a Brent Carron that we used to know. Park and Recreation Commission Summary – February 27, 2018 14 Hoffman: It is. Boettcher: Because I don’t think he’s, I don’t know who baited the hook for him. Hoffman: It is. Boettcher: You might want to check the logistics there. I think there was like one dip and then one pull. Matthews: I know we try to vet them as they come in but he slipped through the cracks. Boettcher: He’s that type of person but glad everybody had fun. I was in Antarctica and I think it was actually warmer there than here so and I couldn’t go fishing down there. Hougham: And Katie I’ve got a few comments. Matthews: Yeah. Hougham: It’s been a few years since I have volunteered at that event and I just felt like something was a little bit different this year. It felt really good. I liked the, I mean the snow helped. That was just really a neat environment to be out in. There just seemed more activity, like more involvement. Like before I feel like people come and they fish and they do their thing and that’s what they do and that’s what it is but this year like with the, with the football stuff going on and the kick sleds, like people were just interacting more and it just felt really neat this year. I tried the fat tire bikes for the first time. They are so awesome. They are so easy to use. It’s just, you get on it and you’re like oh this is going to be so hard because you’re thinking it’s going to be like a regular bike and you sit on there and you just go. Have you talked to that group about partnering at any other kind of event or just in our parks as an option to get people out there? Matthews: No I have not talked to them. They’ve come back the last 2 years with the fat tire bikes because this is our big winter event but I know they do some, they do some rides out of Michael Cycles in Chaska but it would definitely be worth having a conversation to see you know if they’ve done any partnerships anywhere else because I think people, you know once you, you’re more willing to try a fat tire bike than just kind of go buy one so it’s a nice opportunity to get people out on different sizes. Different varieties so. Hougham: Yeah so I mean I really like that they’re there and you can try it out because it’s such a new thing but I just think it would be neat if we could try another event or partner with them to get it in our parks. Matthews: Yeah. Park and Recreation Commission Summary – February 27, 2018 15 Hougham: Kind of like our paddleboards seem to be doing well. And also when I’m not on the commission in the future I plan to find the medallion so watch for my name in the future. Matthews: Good. Scharfenberg: The only other suggestion I would have with the, was it Gabe was the DJ? Matthews: Yep. Scharfenberg: Is that if we could, because the snow was coming in on his equipment, set it up somehow if there could be a flap that maybe he could put down or somehow we could change. I know the snow was you know, who knew it was going to start snowing that afternoon and blowing into his equipment. We did the, we pulled the equipment back and that kind of worked but if we could kind of do something for him, just for his equipment so that you know they’ve got a money investment there. Matthews: I actually talked to them because, and just about because this event and something we might be looking forward, or talking about in the future is they actually have a van that they DJ out of so that might solve that problem and it’s new. This year I think they got it for the Super Bowl so it’s like a big, like a van that they can pull up and then pull speakers out of but it was, right. I was like that’s pretty smart so they can just pull right out so that might make an appearance next year. Scharfenberg: Just like Scooby Doo. Alright Katie, Daddy/Daughter Sweetheart Dance. 2018 DADDY/DAUGHTER SWEETHEART DANCE EVALUATION. Matthews: Okay so the Daddy/Daughter Sweetheart Dance was the Friday after Feb Fest which was February 9th and that is at the Chanhassen Rec Center and we had a total of 80 dads and 80 daughters this year and each year we get lots of compliments about this event. Something so fun for the dads and their daughters to come to. New to this year we had Davanni’s of Chanhassen cater it so we had some noodles, lasagna. We also had some applesauce and then we provide the cupcakes and the beverages and that seems to go over well. It’s that fine line of trying to find something that little kids will eat but yet will also fill dads up and Davanni’s worked out great. They were very easy to work with and I definitely recommend them next year. DJ Paul was, he was our DJ for the event and he works out wonderful. He actually comes in a tux and so he is ready to go and he matches right along and he plays great age appropriate music for all the kids and he provides some background music through the dinner time. So we had a few different activities that were offered through the night. We have a candy guess and a heart guess which are fun little games for the girls to play and then we’ve got a raffle for the dads. We also have usually a Valentine themed craft. We have a face painter. We have a photo booth which is really fun. It’s inflatable and then she prints out the pictures right there so you get a cute little Park and Recreation Commission Summary – February 27, 2018 16 photo strip and we also, I think games. Face painter. Photo booth. Dancing. Games. It’s a great night. And that is, you know we just continue to hear great things about it and people, we keep feeding people that come back year after year and we get people that are new every year that really look forward to it so, so it’s a great, fun event. Echternacht: Katie one of the things that came out of the applicant’s for our commission was a mother son event and she was, had noticed the father daughter and thought that would be something that maybe we should look at. Matthews: Yeah absolutely. We can definitely look into that. Scharfenberg: Any other questions for Katie? Thank you Katie. Matthews: Thank you. COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Scharfenberg: Todd anything you want to hit on the administrative packet? Hoffman: Not specifically. Scharfenberg: Okay. Alright do I have a motion to adjourn? Boettcher moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 9 to 0. The Park and Recreation Commission meeting was adjourned at 8:15 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Approval of 2018 Liquor License Renewals Section CONSENT AGENDA Item No: D.3. Prepared By Kim Meuwissen, Office Manager File No: PROPOSED MOTION “The City Council approves the 2018 liquor license renewals as listed on the attached sheet contingent upon receipt of all necessary documentation, fire inspections, and satisfactory background investigations of new operating managers.” Council approval requires a Simple Majority Vote of members present. SUMMARY Attached is a listing of all of the liquor licenses that are renewed annually by the City Council. This renewal is for the licensing period of May 1, 2018 through April 30, 2019. As of this writing, staff has not received all of the necessary documentation from every license holder; however, this is typical and no license will be issued until all documentation is complete. The Carver County Sheriff’s Department is in the process of completing background investigations on any new operating managers of each establishment. This includes criminal history, outstanding warrants, and driving records. If any noteworthy issues are found, the individual license will not be issued and will be brought back to the council at a future meeting. Staff also reviewed property tax and utility bill records for each applicant and found that all licensees are current. LICENSE UPDATES Frankie’s Pizza, Pasta, and More located at 7850 Market Boulevard closed in 2017 and will not be renewing their onsale wine and beer liquor license. Noodles & Company located at 945 West 78th Street will not be renewing their onsale wine and beer liquor license as they no longer wish to serve alcohol at this location. Chuckwagon Charlie's Smokehouse located at 545 West 78th Street closed their restaurant and will not be renewing their onsale intoxicating liquor license. Target Store T0862 was issued an offsale intoxicating liquor license on February 12, 2018 to be effective April 1, 2018 through April 30, 2018. They are required to renew for the 20182019 license period. RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectApproval of 2018 Liquor License RenewalsSectionCONSENT AGENDA Item No: D.3.Prepared By Kim Meuwissen, Office Manager File No: PROPOSED MOTION“The City Council approves the 2018 liquor license renewals as listed on the attached sheet contingent upon receiptof all necessary documentation, fire inspections, and satisfactory background investigations of new operatingmanagers.”Council approval requires a Simple Majority Vote of members present.SUMMARYAttached is a listing of all of the liquor licenses that are renewed annually by the City Council. This renewal is for thelicensing period of May 1, 2018 through April 30, 2019. As of this writing, staff has not received all of the necessarydocumentation from every license holder; however, this is typical and no license will be issued until all documentation iscomplete.The Carver County Sheriff’s Department is in the process of completing background investigations on any new operatingmanagers of each establishment. This includes criminal history, outstanding warrants, and driving records. If anynoteworthy issues are found, the individual license will not be issued and will be brought back to the council at a futuremeeting. Staff also reviewed property tax and utility bill records for each applicant and found that all licensees arecurrent.LICENSE UPDATESFrankie’s Pizza, Pasta, and More located at 7850 Market Boulevard closed in 2017 and will not be renewingtheir onsale wine and beer liquor license.Noodles & Company located at 945 West 78th Street will not be renewing their onsale wine and beer liquorlicense as they no longer wish to serve alcohol at this location.Chuckwagon Charlie's Smokehouse located at 545 West 78th Street closed their restaurant and will not berenewing their onsale intoxicating liquor license.Target Store T0862 was issued an offsale intoxicating liquor license on February 12, 2018 to be effective April1, 2018 through April 30, 2018. They are required to renew for the 20182019 license period. RECOMMENDATION Staff recommends that the City Council approve the 2018 liquor license renewals as listed on the attached sheet, contingent upon receipt of all necessary paperwork, fire inspections, and a satisfactory background investigation. Following council approval, the licenses will be forwarded to the Liquor Control Division at the Minnesota Department of Public Safety for final processing. The state requires that these documents be in their office by April 1, 2018. ATTACHMENTS: 2018 Liquor License Renewal Applications 2018 Liquor License Renewal Applications Lic. No.FEE OFF-SALE INTOXICATING LICENSES 2018-01 Total Wine & More, 510 Lake Drive 200.00$ 2018-02 Lunds & Byerlys Wine & Spirits, 780 West 78th Street 200.00$ 2018-03 Cheers Wine & Spirits, 530 West 79th Street 200.00$ 2018-04 Haskell’s Wines & Spirits, 19900 West 78th Street 200.00$ 2018-05 MGM Liquor Warehouse, 7856 Market Boulevard 200.00$ 2018-06 The Vintage, 8971 Crossroads Boulevard Suite 160 200.00$ 2018-07 Target Store T-0862, 851 West 78th Street 200.00$ ON-SALE INTOXICATING LIQUOR LICENSES (All fees listed include $200 Sunday Sales fee, except High Timber Lounge) 2018-08 American Legion Post 580, 290 Lake Drive East 9,809.00$ 2018-09 Applebee’s Neighborhood Grill & Bar, 590 West 79th Street 9,809.00$ 2018-10 Axel’s, 560 West 78th Street 6,315.00$ 2018-11 Buffalo Wild Wings, 550 West 79th Street 9,809.00$ 2018-12 Chanhassen Dinner Theatres, 501 West 78th Street 13,304.00$ 2018-13 Chipotle Mexican Grill, 560 West 79th Street 6,315.00$ 2018-14 NOT ASSIGNED -$ 2018-15 High Timbers Lounge & Meeting Rooms, 591 West 78th Street (no Sunday Sales)7,862.00$ 2018-16 Houlihan’s, 530 Pond Promenade 9,809.00$ 2018-17 Rey Azteca, 7874 Market Boulevard 6,315.00$ OFF-SALE 3.2 MALT LIQUOR LICENSES 2018-18 Cub Foods, 7900 Market Boulevard 58.00$ 2018-19 Kwik-Trip #402, 2201 West 78th Street 58.00$ 2018-20 Kwik-Trip #492, 8921 Crossroads Boulevard 58.00$ 2018-21 SuperAmerica #5001, 2960 82nd Street 58.00$ ON-SALE 3.2 MALT LIQUOR LICENSE 2018-22 Rain Snow or Shine, 825 Flying Cloud Drive 410.00$ ON-SALE BEER & WINE LICENSES 2018-23 Bluff Creek Golf Association, 1025 Creekwood Drive 410.00$ 2018-24 Bonsai Sushi & Korean Cuisine, 420 Pond Promenade 410.00$ 2018-25 Davanni's Pizza and Hot Hoagies, 464 Lake Drive, Suite 100 410.00$ 2018-26 Halla Greens Golf Course, 495 Pioneer Trail 410.00$ 2018-27 Happy Garden II, 2443 Highway 7 West 410.00$ 2018-28 Kai's Sushi & Grill, 586 West 78th Street 410.00$ 2018-29 Lifetime Fitness, 2901 Corporate Place 410.00$ 2018-30 Na’s Thai Cafe, 566 West 78th Street 410.00$ 2018-31 Smashburger #1460, 7905 Great Plains Boulevard, Suite 130 410.00$ 2018-32 Soya Sushi & Grill, 530 West 79th Street, Suite 120 410.00$ TOTAL FEES 85,489.00$ CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject The Arbors Second Addition: Approve Final Plat, Development Contract, and Plans & Specifications with a Variance for Street Grade in excess of seven percent Section CONSENT AGENDA Item No: D.4. Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702) PROPOSED MOTION “The City Council Council approves the: Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval; Development Contract for The Arbors Second Addition; Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of seven percent; and Adoption of the Findings of Fact and Decision. Council approval requires a Majority Vote of the entire council. SUMMARY The applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approval of the development contract and project construction plans and specifications. In reviewing the plat, staff directed that the roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires a variance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed to Crimson Bay Road once the road connection is made due to the logical name change at this point rather than three lots to the south. BACKGROUND On April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for The Arbors, Planning Case #200702. On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015. On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition 10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in force through April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in place at the time of final plat approval.” On January 22, 2007, the Chanhassen City Council approved the following: CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.” On January 22, 2007, the Chanhassen City Council approved the following: Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1 through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review. The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of The Arbors subject to final plat approval for The Arbors. The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway. DISCUSSION SITE CONSTRAINTS Wetland Protection There is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact this wetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required. Bluff Protection Though the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in the northeast corner of the property to an elevation of 946 at the wetland edge. Shoreland Management The property is located within a shoreland overlay district and must comply with the shoreland protection ordinance. The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5. Floodplain Overlay The developable portion of the property is not within a floodplain. However, there is a 100year flood elevation adjacent to Lake Minnewashta with an elevation of 945.9. GRADING Drainage Generally the drainage across the majority of the site is to the southwest. The plan has the site draining to the south through the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended to be captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into the south end of the street design in order to direct the water to the catch basins. The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. The slope through this development extends another 115 feet to the south before the grade flattens out on the north side of the driveway to 7620 Crimson Bay Road. Erosion Prevention and Sediment Control The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbing activities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbing activities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III and IV of the permit. RETAINING WALLS Retaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retaining walls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of the recorded documents to facilitate this design. STREETS Dogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segment will be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segment south of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. This street connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety and access on Highway 5. The city has directed the applicant to revise the street grade to eight percent in order to connect to the existing Crimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at seven percent centerline grade within the development. The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removal required for the development and permits a reasonable connection to the existing Crimson Bay Road. 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a low point of 964.6, a 36.5 foot elevation change. 3. The condition or conditions upon which the request is based are unique and not generally applicable to other property; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Road require that any connecting road exceed a seven percent grade. 4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 by allowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal. Additionally, the increase in grades will permit additional tree preservation within the development. RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachment agreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order to facilitate the connection of the street. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbingactivities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalonedocument consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts IIIand IV of the permit.RETAINING WALLSRetaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retainingwalls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of therecorded documents to facilitate this design.STREETSDogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segmentwill be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segmentsouth of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. Thisstreet connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety andaccess on Highway 5.The city has directed the applicant to revise the street grade to eight percent in order to connect to the existingCrimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at sevenpercent centerline grade within the development.The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the platapproval process following a finding that all of the following conditions exist:1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removalrequired for the development and permits a reasonable connection to the existing Crimson Bay Road.2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a lowpoint of 964.6, a 36.5 foot elevation change.3. The condition or conditions upon which the request is based are unique and not generally applicable to otherproperty; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Roadrequire that any connecting road exceed a seven percent grade.4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with thepurpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 byallowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal.Additionally, the increase in grades will permit additional tree preservation within the development.RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachmentagreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order to facilitate the connection of the street. DRIVEWAYS & SIDEWALKS Sidewalks or trails are not being incorporated into this development. A sidewalk or a trail system does not exist to the north along Dogwood Road or to the south along Crimson Bay Road. A sidewalk was constructed on the north side of West 78th Street as part of first phase of The Arbors development. The building pad elevations allow for reasonable driveway grades for tie in to the street. The proposed driveway for Lot 2 will have a minimal slope away from the garage to a swale that will need to shed water to the south and around the house. This is due to the proposed garage elevation being below the street elevation. If the street grade is adjusted to 8% the grades will improve for the driveway design. The proposed driveway for Lot 3 has a minimal slope to tie in to the temporary culdesac. The street grade adjustment will also improve the slope of driveway towards the street for Lot 3. UTILITIES Sanitary Sewer The sanitary sewer was installed as part of the original The Arbors development. The sanitary sewer was extended to the south to a point of minimal depth. Lots 2 and 3 will need grinder pump systems in order to discharge to the sanitary sewer. Gravity sanitary service laterals will need to be extended under the street section and into the rightof way on the west side of the street with a cleanout. Lots 2 and 3 will tie the forced piping from the grinder pump system into the gravity lateral. The property owners will be required to own and maintain the forced portion of the pipe through the rightofway. The property owner shall also own the cleanout because it will be orientated to facilitate maintenance of the forced piping. The city will own and maintain the remainder of the gravity lateral. Force Main The developer shall install a 4inch PVC force main pipe for a future lift station to the south. The piping shall tie into the existing sanitary manhole with a booted connection. The pipe shall be plugged in the manhole and the invert does not need to be adjusted at this time. The city will be responsible for the costs associated with the installation of the force main. Water Main The water main shall be extended through the development to the south and end outside of the street section. The existing hydrant shall be relocated to the end of the water main. The city will be responsible for the costs associated with extending the water main. The water service for Lot 3 will be adjusted to a oneinch service line. Storm Sewer Catch basins are being installed on the south end of the street and being tied into the existing line that discharges from the storm water pond and conveys water to the lake. SURFACE WATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features.” The applicant shall meet the minimum requirements for stormwater set forth in City Code §9VII and requirements of the Riley PurgatoryBluff Creek Watershed District. The site is within the Minnehaha Creek Watershed Management District; therefore, comments regarding the proposed surface water management are deferred to the District. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbingactivities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalonedocument consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts IIIand IV of the permit.RETAINING WALLSRetaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retainingwalls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of therecorded documents to facilitate this design.STREETSDogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segmentwill be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segmentsouth of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. Thisstreet connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety andaccess on Highway 5.The city has directed the applicant to revise the street grade to eight percent in order to connect to the existingCrimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at sevenpercent centerline grade within the development.The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the platapproval process following a finding that all of the following conditions exist:1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removalrequired for the development and permits a reasonable connection to the existing Crimson Bay Road.2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a lowpoint of 964.6, a 36.5 foot elevation change.3. The condition or conditions upon which the request is based are unique and not generally applicable to otherproperty; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Roadrequire that any connecting road exceed a seven percent grade.4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with thepurpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 byallowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal.Additionally, the increase in grades will permit additional tree preservation within the development.RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachmentagreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order tofacilitate the connection of the street. DRIVEWAYS & SIDEWALKS Sidewalks or trails are not being incorporated into this development. A sidewalk or a trail system does not exist to thenorth along Dogwood Road or to the south along Crimson Bay Road. A sidewalk was constructed on the north sideof West 78th Street as part of first phase of The Arbors development. The building pad elevations allow for reasonable driveway grades for tie in to the street. The proposed driveway forLot 2 will have a minimal slope away from the garage to a swale that will need to shed water to the south and aroundthe house. This is due to the proposed garage elevation being below the street elevation. If the street grade is adjustedto 8% the grades will improve for the driveway design. The proposed driveway for Lot 3 has a minimal slope to tie into the temporary culdesac. The street grade adjustment will also improve the slope of driveway towards the streetfor Lot 3. UTILITIESSanitary SewerThe sanitary sewer was installed as part of the original The Arbors development. The sanitary sewer was extended tothe south to a point of minimal depth. Lots 2 and 3 will need grinder pump systems in order to discharge to thesanitary sewer. Gravity sanitary service laterals will need to be extended under the street section and into the rightofway on the west side of the street with a cleanout. Lots 2 and 3 will tie the forced piping from the grinder pump systeminto the gravity lateral. The property owners will be required to own and maintain the forced portion of the pipethrough the rightofway. The property owner shall also own the cleanout because it will be orientated to facilitatemaintenance of the forced piping. The city will own and maintain the remainder of the gravity lateral.Force MainThe developer shall install a 4inch PVC force main pipe for a future lift station to the south. The piping shall tie intothe existing sanitary manhole with a booted connection. The pipe shall be plugged in the manhole and the invert doesnot need to be adjusted at this time. The city will be responsible for the costs associated with the installation of theforce main.Water MainThe water main shall be extended through the development to the south and end outside of the street section. Theexisting hydrant shall be relocated to the end of the water main. The city will be responsible for the costs associatedwith extending the water main. The water service for Lot 3 will be adjusted to a oneinch service line.Storm SewerCatch basins are being installed on the south end of the street and being tied into the existing line that discharges fromthe storm water pond and conveys water to the lake.SURFACE WATER MANAGEMENTArticle VII, Chapter 19 of City Code describes the required storm water management development standards.Section 19141 states that “these development standards shall be reflected in plans prepared by developers and/orproject proposers in the design and layout of site plans, subdivisions and water management features.” The applicantshall meet the minimum requirements for stormwater set forth in City Code §9VII and requirements of the RileyPurgatoryBluff Creek Watershed District.The site is within the Minnehaha Creek Watershed Management District; therefore, comments regarding the proposed surface water management are deferred to the District. Storm Water Utility Connection Charges The calculated storm water utility connection charge shown in the table below based on the net area of the development and the development type: low density residential. SURFACE WATER DEVELOPMENT FEE Area Per Acre Fee Acres Fee Gross Area $8,160 2.08 $16,972.80 Net Area $8,160 2.08 $16,972.80 The SWMP Fee is $16,972.80 LANDSCAPING The applicant has prepared a tree preservation and landscaping plan for The Arbors Second Addition. Any trees removed in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameter inches. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated 03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachment agreement if planted in a drainage and utility easement. MISCELLANEOUS A threefoot clear space must be maintained around fire hydrants. Street signs shall be installed prior to building permits being issued. Fire Marshal must approve signage. Fire hydrants shall be made serviceable prior to combustible construction. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable prior to combustible construction. DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $187,813.29 financial security is required to guarantee compliance with the terms of the development contract relating to site grading, erosion control, the installation of public utilities, one year of public street light operating costs, engineering, surveying, inspection, landscaping, and topsoil. The cash fees for this project total $72,599.25. PLANS & SPECIFICATIONS The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant's engineer to modify the plans accordingly. The plans and specifications are available for review in the Engineering Department. RECOMMENDATION Staff recommends approval of the final plat subject to the following conditions of approval, the development contract, the construction plans and specifications with a variance for a street grade in excess of seven percent, and adoption of the Findings of Fact and Decision. 1. The house designs, locations and driveway configurations for Lots 2 and 3, Block 1, must be revised to maintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland buffer is incorrect; it must be 50 feet, not 20 feet. Setbacks cannot be confirmed until buffers are accurate. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbingactivities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalonedocument consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts IIIand IV of the permit.RETAINING WALLSRetaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retainingwalls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of therecorded documents to facilitate this design.STREETSDogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segmentwill be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segmentsouth of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. Thisstreet connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety andaccess on Highway 5.The city has directed the applicant to revise the street grade to eight percent in order to connect to the existingCrimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at sevenpercent centerline grade within the development.The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the platapproval process following a finding that all of the following conditions exist:1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removalrequired for the development and permits a reasonable connection to the existing Crimson Bay Road.2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a lowpoint of 964.6, a 36.5 foot elevation change.3. The condition or conditions upon which the request is based are unique and not generally applicable to otherproperty; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Roadrequire that any connecting road exceed a seven percent grade.4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with thepurpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 byallowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal.Additionally, the increase in grades will permit additional tree preservation within the development.RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachmentagreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order tofacilitate the connection of the street. DRIVEWAYS & SIDEWALKS Sidewalks or trails are not being incorporated into this development. A sidewalk or a trail system does not exist to thenorth along Dogwood Road or to the south along Crimson Bay Road. A sidewalk was constructed on the north sideof West 78th Street as part of first phase of The Arbors development. The building pad elevations allow for reasonable driveway grades for tie in to the street. The proposed driveway forLot 2 will have a minimal slope away from the garage to a swale that will need to shed water to the south and aroundthe house. This is due to the proposed garage elevation being below the street elevation. If the street grade is adjustedto 8% the grades will improve for the driveway design. The proposed driveway for Lot 3 has a minimal slope to tie into the temporary culdesac. The street grade adjustment will also improve the slope of driveway towards the streetfor Lot 3. UTILITIESSanitary SewerThe sanitary sewer was installed as part of the original The Arbors development. The sanitary sewer was extended tothe south to a point of minimal depth. Lots 2 and 3 will need grinder pump systems in order to discharge to thesanitary sewer. Gravity sanitary service laterals will need to be extended under the street section and into the rightofway on the west side of the street with a cleanout. Lots 2 and 3 will tie the forced piping from the grinder pump systeminto the gravity lateral. The property owners will be required to own and maintain the forced portion of the pipethrough the rightofway. The property owner shall also own the cleanout because it will be orientated to facilitatemaintenance of the forced piping. The city will own and maintain the remainder of the gravity lateral.Force MainThe developer shall install a 4inch PVC force main pipe for a future lift station to the south. The piping shall tie intothe existing sanitary manhole with a booted connection. The pipe shall be plugged in the manhole and the invert doesnot need to be adjusted at this time. The city will be responsible for the costs associated with the installation of theforce main.Water MainThe water main shall be extended through the development to the south and end outside of the street section. Theexisting hydrant shall be relocated to the end of the water main. The city will be responsible for the costs associatedwith extending the water main. The water service for Lot 3 will be adjusted to a oneinch service line.Storm SewerCatch basins are being installed on the south end of the street and being tied into the existing line that discharges fromthe storm water pond and conveys water to the lake.SURFACE WATER MANAGEMENTArticle VII, Chapter 19 of City Code describes the required storm water management development standards.Section 19141 states that “these development standards shall be reflected in plans prepared by developers and/orproject proposers in the design and layout of site plans, subdivisions and water management features.” The applicantshall meet the minimum requirements for stormwater set forth in City Code §9VII and requirements of the RileyPurgatoryBluff Creek Watershed District.The site is within the Minnehaha Creek Watershed Management District; therefore, comments regarding the proposedsurface water management are deferred to the District. Storm Water Utility Connection ChargesThe calculated storm water utility connection charge shown in the table below based on the net area of thedevelopment and the development type: low density residential.SURFACE WATER DEVELOPMENT FEEAreaPer Acre Fee Acres FeeGross Area $8,160 2.08 $16,972.80Net Area $8,160 2.08 $16,972.80The SWMP Fee is $16,972.80LANDSCAPINGThe applicant has prepared a tree preservation and landscaping plan for The Arbors Second Addition. Any treesremoved in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameterinches. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachmentagreement if planted in a drainage and utility easement.MISCELLANEOUSA threefoot clear space must be maintained around fire hydrants. Street signs shall be installed prior to buildingpermits being issued. Fire Marshal must approve signage. Fire hydrants shall be made serviceable prior to combustibleconstruction. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceableprior to combustible construction.DEVELOPMENT CONTRACTThe attached development contract incorporates the conditions of approval for the final plat and construction plansand specifications. A $187,813.29 financial security is required to guarantee compliance with the terms of thedevelopment contract relating to site grading, erosion control, the installation of public utilities, one year of public streetlight operating costs, engineering, surveying, inspection, landscaping, and topsoil. The cash fees for this project total $72,599.25.PLANS & SPECIFICATIONSThe applicant has also submitted detailed construction plans and specifications for staff review and City Councilapproval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staffrequests that the City Council grant staff the flexibility to administratively approve the plans after working with theapplicant's engineer to modify the plans accordingly. The plans and specifications are available for review in theEngineering Department.RECOMMENDATIONStaff recommends approval of the final plat subject to the following conditions of approval, the development contract,the construction plans and specifications with a variance for a street grade in excess of seven percent, and adoption ofthe Findings of Fact and Decision.1. The house designs, locations and driveway configurations for Lots 2 and 3, Block 1, must be revised tomaintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland buffer is incorrect; it must be 50 feet, not 20 feet. Setbacks cannot be confirmed until buffers are accurate. 2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors Second Addition. The park fees for two new lots are $11,600.00. 3. Fire Marshal’s Conditions: 1. A 10foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, CenturyLink, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #91. 2. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 3. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 4. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide allweather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. 5. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 6. The culdesac shall be 90 feet in width. 4. Building Official Conditions: 1. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. 2. Demolition permits must be obtained prior to demolishing any structures on the site. 3. Existing wells and onsite sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. 4. As part of the approval, the city will be changing the name of Dogwood Road adjacent to these lots to Crimson Bay Road when the road connects. 5. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 6. Separate sewer and water services must be provided each lot. 5. City Forester’s Conditions: 1. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. 2. Any trees removed in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameter inches. 3. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated 03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachment agreement if planted in a drainage and utility easement. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbingactivities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalonedocument consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts IIIand IV of the permit.RETAINING WALLSRetaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retainingwalls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of therecorded documents to facilitate this design.STREETSDogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segmentwill be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segmentsouth of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. Thisstreet connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety andaccess on Highway 5.The city has directed the applicant to revise the street grade to eight percent in order to connect to the existingCrimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at sevenpercent centerline grade within the development.The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the platapproval process following a finding that all of the following conditions exist:1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removalrequired for the development and permits a reasonable connection to the existing Crimson Bay Road.2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a lowpoint of 964.6, a 36.5 foot elevation change.3. The condition or conditions upon which the request is based are unique and not generally applicable to otherproperty; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Roadrequire that any connecting road exceed a seven percent grade.4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with thepurpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 byallowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal.Additionally, the increase in grades will permit additional tree preservation within the development.RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachmentagreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order tofacilitate the connection of the street. DRIVEWAYS & SIDEWALKS Sidewalks or trails are not being incorporated into this development. A sidewalk or a trail system does not exist to thenorth along Dogwood Road or to the south along Crimson Bay Road. A sidewalk was constructed on the north sideof West 78th Street as part of first phase of The Arbors development. The building pad elevations allow for reasonable driveway grades for tie in to the street. The proposed driveway forLot 2 will have a minimal slope away from the garage to a swale that will need to shed water to the south and aroundthe house. This is due to the proposed garage elevation being below the street elevation. If the street grade is adjustedto 8% the grades will improve for the driveway design. The proposed driveway for Lot 3 has a minimal slope to tie into the temporary culdesac. The street grade adjustment will also improve the slope of driveway towards the streetfor Lot 3. UTILITIESSanitary SewerThe sanitary sewer was installed as part of the original The Arbors development. The sanitary sewer was extended tothe south to a point of minimal depth. Lots 2 and 3 will need grinder pump systems in order to discharge to thesanitary sewer. Gravity sanitary service laterals will need to be extended under the street section and into the rightofway on the west side of the street with a cleanout. Lots 2 and 3 will tie the forced piping from the grinder pump systeminto the gravity lateral. The property owners will be required to own and maintain the forced portion of the pipethrough the rightofway. The property owner shall also own the cleanout because it will be orientated to facilitatemaintenance of the forced piping. The city will own and maintain the remainder of the gravity lateral.Force MainThe developer shall install a 4inch PVC force main pipe for a future lift station to the south. The piping shall tie intothe existing sanitary manhole with a booted connection. The pipe shall be plugged in the manhole and the invert doesnot need to be adjusted at this time. The city will be responsible for the costs associated with the installation of theforce main.Water MainThe water main shall be extended through the development to the south and end outside of the street section. Theexisting hydrant shall be relocated to the end of the water main. The city will be responsible for the costs associatedwith extending the water main. The water service for Lot 3 will be adjusted to a oneinch service line.Storm SewerCatch basins are being installed on the south end of the street and being tied into the existing line that discharges fromthe storm water pond and conveys water to the lake.SURFACE WATER MANAGEMENTArticle VII, Chapter 19 of City Code describes the required storm water management development standards.Section 19141 states that “these development standards shall be reflected in plans prepared by developers and/orproject proposers in the design and layout of site plans, subdivisions and water management features.” The applicantshall meet the minimum requirements for stormwater set forth in City Code §9VII and requirements of the RileyPurgatoryBluff Creek Watershed District.The site is within the Minnehaha Creek Watershed Management District; therefore, comments regarding the proposedsurface water management are deferred to the District. Storm Water Utility Connection ChargesThe calculated storm water utility connection charge shown in the table below based on the net area of thedevelopment and the development type: low density residential.SURFACE WATER DEVELOPMENT FEEAreaPer Acre Fee Acres FeeGross Area $8,160 2.08 $16,972.80Net Area $8,160 2.08 $16,972.80The SWMP Fee is $16,972.80LANDSCAPINGThe applicant has prepared a tree preservation and landscaping plan for The Arbors Second Addition. Any treesremoved in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameterinches. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachmentagreement if planted in a drainage and utility easement.MISCELLANEOUSA threefoot clear space must be maintained around fire hydrants. Street signs shall be installed prior to buildingpermits being issued. Fire Marshal must approve signage. Fire hydrants shall be made serviceable prior to combustibleconstruction. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceableprior to combustible construction.DEVELOPMENT CONTRACTThe attached development contract incorporates the conditions of approval for the final plat and construction plansand specifications. A $187,813.29 financial security is required to guarantee compliance with the terms of thedevelopment contract relating to site grading, erosion control, the installation of public utilities, one year of public streetlight operating costs, engineering, surveying, inspection, landscaping, and topsoil. The cash fees for this project total $72,599.25.PLANS & SPECIFICATIONSThe applicant has also submitted detailed construction plans and specifications for staff review and City Councilapproval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staffrequests that the City Council grant staff the flexibility to administratively approve the plans after working with theapplicant's engineer to modify the plans accordingly. The plans and specifications are available for review in theEngineering Department.RECOMMENDATIONStaff recommends approval of the final plat subject to the following conditions of approval, the development contract,the construction plans and specifications with a variance for a street grade in excess of seven percent, and adoption ofthe Findings of Fact and Decision.1. The house designs, locations and driveway configurations for Lots 2 and 3, Block 1, must be revised tomaintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland bufferis incorrect; it must be 50 feet, not 20 feet. Setbacks cannot be confirmed until buffers are accurate.2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition ofapproval for The Arbors Second Addition. The park fees for two new lots are $11,600.00.3. Fire Marshal’s Conditions:1. A 10foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes,Xcel Energy, CenturyLink, cable TV and transformer boxes. This is to ensure that fire hydrants can bequickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #91.2. Fire apparatus access roads and water supply for fire protection is required to be installed. Suchprotection shall be installed and made serviceable prior to and during the time of construction exceptwhen approved alternate methods of protection are provided. 3. Temporary street signs shall be installed at street intersections once construction of the new roadwayallows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.4. Fire apparatus access roads shall be designed and maintained to support the imposed load of fireapparatus and shall be serviced so as to provide allweather driving capabilities. Pursuant to MinnesotaState Fire Code Section 503.2.3. 5. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removedfrom site or chipped.6. The culdesac shall be 90 feet in width.4. Building Official Conditions:1. A final grading plan and soils report must be submitted to the Inspections Division before building permitswill be issued.2. Demolition permits must be obtained prior to demolishing any structures on the site.3. Existing wells and onsite sewage treatment systems on the site must be abandoned in accordance withState Law and City Code.4. As part of the approval, the city will be changing the name of Dogwood Road adjacent to these lots toCrimson Bay Road when the road connects.5. Retaining walls more than four feet high must be designed by a professional engineer and a buildingpermit must be obtained prior to construction. 6. Separate sewer and water services must be provided each lot.5. City Forester’s Conditions:1. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction.Fencing shall be in place and maintained until all construction is completed.2. Any trees removed in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced ata ratio of 2:1 diameter inches.3. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plandated 03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachment agreement if planted in a drainage and utility easement. 6. City Engineer’s Conditions: 1. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the builder may have to put steps in the garage to accommodate the grade change. 2. Watermain must be minimum 18 inches above or below the sanitary sewer. 3. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. 4. Coordinate change from Block 3 on the original plat to Block 1 on the 2nd Addition plat. 5. Gravity PVC sanitary service laterals shall be extended from the existing wye locations to a location behind the curb in the west rightofway with a cleanout meeting City Plate #5234 to facilitate maintenance of the pipe. The forced piping shall tie in to the end of the gravity lateral piping. 6. A tracer wire shall be included with the HDPE piping for the private grinder pump systems. The tracer wire should come to the surface at the curb box and cleanout locations. 7. The property owners shall be responsible to own and maintain the forced portion of the sanitary discharge piping, the curb stop and curb box, and the cleanout. The city will own the wye and the sanitary piping under the street up to the cleanout. 8. The developer is responsible for engineering the installed size of the forced portion of the piping needed for standard manufactured and engineered grinder pump systems to be installed in the homes. 9. The 8inch water main shall be extended with the street and be stubbed out beyond the end of the temporary culdesac. The existing hydrant shall be removed and reinstalled at the end of the extension. The water service for Lot 3 should be relocated and resized. The existing service should be removed and the corporation should be replaced in the main with a tapered plug. 10. A 4inch PVC C900 force main shall be installed under the street for a future lift station to the south. The pipe should tie into the existing sanitary manhole (#19045) with a booted connection. 11 . The plan shall include a profile view for the utilities. 12. Adjust the street grade to 8%. 13. Adjust alignment of the south end of the street section within the rightofway to be offset with 10 feet behind the curb on the east side of the street and 20 feet behind the curb on the west side of the street. This is due to the width and alignment of the existing rightofway platted to the south. The city is negotiating with the Arboretum to acquire additional rightofway in order to connect Crimson Bay Road. 14. Install bituminous curbing at the south end of the street to force the storm water into the catch basins. 15. Increase depth of CBMH1 to increase grade between CB1 and CBMH1. This will decrease grade downstream to the existing MH and provide for a more consistent velocity. 16. If a retaining wall system is shared between the lots a maintenance agreement will need to be agreed upon and recorded with the lot survey and prior to submitting for building permits. 17. An escrow amount of $10,000 shall be allocated as part of the required securities collected to compensate for the removal of the temporary culdesac per Section 1857(t) of the Chanhassen City Code. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbingactivities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalonedocument consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts IIIand IV of the permit.RETAINING WALLSRetaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retainingwalls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of therecorded documents to facilitate this design.STREETSDogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segmentwill be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segmentsouth of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. Thisstreet connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety andaccess on Highway 5.The city has directed the applicant to revise the street grade to eight percent in order to connect to the existingCrimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at sevenpercent centerline grade within the development.The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the platapproval process following a finding that all of the following conditions exist:1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removalrequired for the development and permits a reasonable connection to the existing Crimson Bay Road.2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a lowpoint of 964.6, a 36.5 foot elevation change.3. The condition or conditions upon which the request is based are unique and not generally applicable to otherproperty; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Roadrequire that any connecting road exceed a seven percent grade.4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with thepurpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 byallowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal.Additionally, the increase in grades will permit additional tree preservation within the development.RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachmentagreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order tofacilitate the connection of the street. DRIVEWAYS & SIDEWALKS Sidewalks or trails are not being incorporated into this development. A sidewalk or a trail system does not exist to thenorth along Dogwood Road or to the south along Crimson Bay Road. A sidewalk was constructed on the north sideof West 78th Street as part of first phase of The Arbors development. The building pad elevations allow for reasonable driveway grades for tie in to the street. The proposed driveway forLot 2 will have a minimal slope away from the garage to a swale that will need to shed water to the south and aroundthe house. This is due to the proposed garage elevation being below the street elevation. If the street grade is adjustedto 8% the grades will improve for the driveway design. The proposed driveway for Lot 3 has a minimal slope to tie into the temporary culdesac. The street grade adjustment will also improve the slope of driveway towards the streetfor Lot 3. UTILITIESSanitary SewerThe sanitary sewer was installed as part of the original The Arbors development. The sanitary sewer was extended tothe south to a point of minimal depth. Lots 2 and 3 will need grinder pump systems in order to discharge to thesanitary sewer. Gravity sanitary service laterals will need to be extended under the street section and into the rightofway on the west side of the street with a cleanout. Lots 2 and 3 will tie the forced piping from the grinder pump systeminto the gravity lateral. The property owners will be required to own and maintain the forced portion of the pipethrough the rightofway. The property owner shall also own the cleanout because it will be orientated to facilitatemaintenance of the forced piping. The city will own and maintain the remainder of the gravity lateral.Force MainThe developer shall install a 4inch PVC force main pipe for a future lift station to the south. The piping shall tie intothe existing sanitary manhole with a booted connection. The pipe shall be plugged in the manhole and the invert doesnot need to be adjusted at this time. The city will be responsible for the costs associated with the installation of theforce main.Water MainThe water main shall be extended through the development to the south and end outside of the street section. Theexisting hydrant shall be relocated to the end of the water main. The city will be responsible for the costs associatedwith extending the water main. The water service for Lot 3 will be adjusted to a oneinch service line.Storm SewerCatch basins are being installed on the south end of the street and being tied into the existing line that discharges fromthe storm water pond and conveys water to the lake.SURFACE WATER MANAGEMENTArticle VII, Chapter 19 of City Code describes the required storm water management development standards.Section 19141 states that “these development standards shall be reflected in plans prepared by developers and/orproject proposers in the design and layout of site plans, subdivisions and water management features.” The applicantshall meet the minimum requirements for stormwater set forth in City Code §9VII and requirements of the RileyPurgatoryBluff Creek Watershed District.The site is within the Minnehaha Creek Watershed Management District; therefore, comments regarding the proposedsurface water management are deferred to the District. Storm Water Utility Connection ChargesThe calculated storm water utility connection charge shown in the table below based on the net area of thedevelopment and the development type: low density residential.SURFACE WATER DEVELOPMENT FEEAreaPer Acre Fee Acres FeeGross Area $8,160 2.08 $16,972.80Net Area $8,160 2.08 $16,972.80The SWMP Fee is $16,972.80LANDSCAPINGThe applicant has prepared a tree preservation and landscaping plan for The Arbors Second Addition. Any treesremoved in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameterinches. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachmentagreement if planted in a drainage and utility easement.MISCELLANEOUSA threefoot clear space must be maintained around fire hydrants. Street signs shall be installed prior to buildingpermits being issued. Fire Marshal must approve signage. Fire hydrants shall be made serviceable prior to combustibleconstruction. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceableprior to combustible construction.DEVELOPMENT CONTRACTThe attached development contract incorporates the conditions of approval for the final plat and construction plansand specifications. A $187,813.29 financial security is required to guarantee compliance with the terms of thedevelopment contract relating to site grading, erosion control, the installation of public utilities, one year of public streetlight operating costs, engineering, surveying, inspection, landscaping, and topsoil. The cash fees for this project total $72,599.25.PLANS & SPECIFICATIONSThe applicant has also submitted detailed construction plans and specifications for staff review and City Councilapproval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staffrequests that the City Council grant staff the flexibility to administratively approve the plans after working with theapplicant's engineer to modify the plans accordingly. The plans and specifications are available for review in theEngineering Department.RECOMMENDATIONStaff recommends approval of the final plat subject to the following conditions of approval, the development contract,the construction plans and specifications with a variance for a street grade in excess of seven percent, and adoption ofthe Findings of Fact and Decision.1. The house designs, locations and driveway configurations for Lots 2 and 3, Block 1, must be revised tomaintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland bufferis incorrect; it must be 50 feet, not 20 feet. Setbacks cannot be confirmed until buffers are accurate.2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition ofapproval for The Arbors Second Addition. The park fees for two new lots are $11,600.00.3. Fire Marshal’s Conditions:1. A 10foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes,Xcel Energy, CenturyLink, cable TV and transformer boxes. This is to ensure that fire hydrants can bequickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #91.2. Fire apparatus access roads and water supply for fire protection is required to be installed. Suchprotection shall be installed and made serviceable prior to and during the time of construction exceptwhen approved alternate methods of protection are provided. 3. Temporary street signs shall be installed at street intersections once construction of the new roadwayallows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.4. Fire apparatus access roads shall be designed and maintained to support the imposed load of fireapparatus and shall be serviced so as to provide allweather driving capabilities. Pursuant to MinnesotaState Fire Code Section 503.2.3. 5. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removedfrom site or chipped.6. The culdesac shall be 90 feet in width.4. Building Official Conditions:1. A final grading plan and soils report must be submitted to the Inspections Division before building permitswill be issued.2. Demolition permits must be obtained prior to demolishing any structures on the site.3. Existing wells and onsite sewage treatment systems on the site must be abandoned in accordance withState Law and City Code.4. As part of the approval, the city will be changing the name of Dogwood Road adjacent to these lots toCrimson Bay Road when the road connects.5. Retaining walls more than four feet high must be designed by a professional engineer and a buildingpermit must be obtained prior to construction. 6. Separate sewer and water services must be provided each lot.5. City Forester’s Conditions:1. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction.Fencing shall be in place and maintained until all construction is completed.2. Any trees removed in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced ata ratio of 2:1 diameter inches.3. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plandated 03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall requirean encroachment agreement if planted in a drainage and utility easement.6. City Engineer’s Conditions:1. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the buildermay have to put steps in the garage to accommodate the grade change.2. Watermain must be minimum 18 inches above or below the sanitary sewer.3. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted.4. Coordinate change from Block 3 on the original plat to Block 1 on the 2nd Addition plat.5. Gravity PVC sanitary service laterals shall be extended from the existing wye locations to a locationbehind the curb in the west rightofway with a cleanout meeting City Plate #5234 to facilitatemaintenance of the pipe. The forced piping shall tie in to the end of the gravity lateral piping.6. A tracer wire shall be included with the HDPE piping for the private grinder pump systems. The tracerwire should come to the surface at the curb box and cleanout locations.7. The property owners shall be responsible to own and maintain the forced portion of the sanitarydischarge piping, the curb stop and curb box, and the cleanout. The city will own the wye and thesanitary piping under the street up to the cleanout.8. The developer is responsible for engineering the installed size of the forced portion of the piping neededfor standard manufactured and engineered grinder pump systems to be installed in the homes. 9. The 8inch water main shall be extended with the street and be stubbed out beyond the end of thetemporary culdesac. The existing hydrant shall be removed and reinstalled at the end of the extension.The water service for Lot 3 should be relocated and resized. The existing service should be removed andthe corporation should be replaced in the main with a tapered plug.10. A 4inch PVC C900 force main shall be installed under the street for a future lift station to the south. Thepipe should tie into the existing sanitary manhole (#19045) with a booted connection.11 . The plan shall include a profile view for the utilities.12. Adjust the street grade to 8%.13. Adjust alignment of the south end of the street section within the rightofway to be offset with 10 feetbehind the curb on the east side of the street and 20 feet behind the curb on the west side of the street.This is due to the width and alignment of the existing rightofway platted to the south. The city isnegotiating with the Arboretum to acquire additional rightofway in order to connect Crimson BayRoad.14. Install bituminous curbing at the south end of the street to force the storm water into the catch basins.15. Increase depth of CBMH1 to increase grade between CB1 and CBMH1. This will decrease gradedownstream to the existing MH and provide for a more consistent velocity.16. If a retaining wall system is shared between the lots a maintenance agreement will need to be agreedupon and recorded with the lot survey and prior to submitting for building permits.17. An escrow amount of $10,000 shall be allocated as part of the required securities collected tocompensate for the removal of the temporary culdesac per Section 1857(t) of the Chanhassen City Code. 7. Water Resources Coordinator’s Conditions: 1. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation shall be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. 2. A wetland buffer 50 feet in width and a 50foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the city’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of city staff, before construction begins and must pay the city $20 per sign. 3. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the city so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. 4. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: “If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the city’s onsite construction observer must approve proposed dewatering methods prior to beginning dewatering.” 5. The plans shall be revised to incorporate Chanhassen’s standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. 6. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. 7. All silt fence that is not laid parallel to the contours shall have JHooks installed every 5075 feet. This shall be noted on the plans and discussed at the preconstruction meeting. 8. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. 9. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 10. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectThe Arbors Second Addition: Approve Final Plat, Development Contract, and Plans &Specifications with a Variance for Street Grade in excess of seven percentSectionCONSENT AGENDA Item No: D.4.Prepared By Robert Generous, Senior Planner File No: Planning Case #201807 (#200702)PROPOSED MOTION“The City Council Council approves the:Final Plat for The Arbors Second Addition for three lots subject to the conditions of approval;Development Contract for The Arbors Second Addition;Plans and Specifications for The Arbors Second Addition with a variance for a street grade in excess of sevenpercent; andAdoption of the Findings of Fact and Decision.Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting final plat approval for three riparian lots for a singlefamily subdivision, as well as approvalof the development contract and project construction plans and specifications. In reviewing the plat, staff directed thatthe roadway be designed with an eight percent slope to permit the connection to Crimson Bay Road. This requires avariance from the subdivision regulations. Additionally, the roadway south of West 78th Street will be renamed toCrimson Bay Road once the road connection is made due to the logical name change at this point rather than three lotsto the south.BACKGROUNDOn April 13, 2015, City Council approved a threeyear extension until April 24, 2018 for the preliminary plat for TheArbors, Planning Case #200702.On April 23, 2012, City Council granted a threeyear extension to the preliminary plat until April 23, 2015.On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three outlots. Condition10 stated: “The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in forcethrough April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in placeat the time of final plat approval.”On January 22, 2007, the Chanhassen City Council approved the following:Comprehensive Land Use Map Amendment from ResidentialLarge Lot to ResidentialLow Density for Lots 1through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review.The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of TheArbors subject to final plat approval for The Arbors.The preliminary plat for the Arbors creating 22 lots, 3 outlots and public rightofway.DISCUSSIONSITE CONSTRAINTSWetland ProtectionThere is a wetland located adjacent to Lake Minnewashta. The proposed development should not impact thiswetland. However, wetland buffers of 50 feet and a wetland buffer setback of 50 feet are required.Bluff ProtectionThough the site has steep slopes, there are no bluffs on the property. The site drops from a high point of 998 in thenortheast corner of the property to an elevation of 946 at the wetland edge.Shoreland ManagementThe property is located within a shoreland overlay district and must comply with the shoreland protection ordinance.The ordinary high water (OHW) elevation for Lake Minnewashta is 944.5.Floodplain OverlayThe developable portion of the property is not within a floodplain. However, there is a 100year flood elevationadjacent to Lake Minnewashta with an elevation of 945.9.GRADINGDrainageGenerally the drainage across the majority of the site is to the southwest. The plan has the site draining to the souththrough the rightofway and the lots draining to the west towards the lake. The drainage along the street is intended tobe captured by catch basins at the south end of the street. Bituminous curbing will need to be incorporated into thesouth end of the street design in order to direct the water to the catch basins.The street going through this development is planned to connect to the portion of Crimson Bay Road to the south. Theslope through this development extends another 115 feet to the south before the grade flattens out on the north side ofthe driveway to 7620 Crimson Bay Road.Erosion Prevention and Sediment ControlThe proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the GeneralPermit Authorization to Discharge Stormwater Associated with Construction Activity Under the National PollutionDischarge Elimination/State Disposal System (NPDES Construction Permit).The applicant shall submit the full SWPPP document to the city for review prior to grading on site. No earthdisturbingactivities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalonedocument consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts IIIand IV of the permit.RETAINING WALLSRetaining walls are detailed on the two lots between the lake and the building pads. The design has stepped retainingwalls that extend across the lot line between the two new parcels. A maintenance agreement will need to be part of therecorded documents to facilitate this design.STREETSDogwood Road south of West 78th Street was dedicated as part of the original subdivision. Eventually, this segmentwill be connected to Crimson Bay Road. To improve safety and create a logical break in the street names, the segmentsouth of West 78th Street shall be named Crimson Bay Road when the road connection is made. This roadway connection is shown in the City of Chanhassen 2030 Comprehensive Plan as a System Deficiency. Thisstreet connection will provide better local access to the Crimson Bay neighborhood as well as improve the safety andaccess on Highway 5.The city has directed the applicant to revise the street grade to eight percent in order to connect to the existingCrimson Bay Road at a less steeper grade then would be achievable if they were to construct the road at sevenpercent centerline grade within the development.The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the platapproval process following a finding that all of the following conditions exist:1. The hardship is not a mere inconvenience; Finding : The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removalrequired for the development and permits a reasonable connection to the existing Crimson Bay Road.2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding : The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a lowpoint of 964.6, a 36.5 foot elevation change.3. The condition or conditions upon which the request is based are unique and not generally applicable to otherproperty; Findings: The steep grades running from West 78th Street to the existing terminus of Crimson Bay Roadrequire that any connecting road exceed a seven percent grade.4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with thepurpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 byallowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal.Additionally, the increase in grades will permit additional tree preservation within the development.RIGHT OF WAY AND EASEMENTS A 60foot rightofway is platted through the development with drainage and utility easements. An encroachmentagreement will need to be part of the recorded documents in association with the temporary culdesac. The rightof way to the south is only 25 feet in width. Additional rightofway will need to be acquired in order tofacilitate the connection of the street. DRIVEWAYS & SIDEWALKS Sidewalks or trails are not being incorporated into this development. A sidewalk or a trail system does not exist to thenorth along Dogwood Road or to the south along Crimson Bay Road. A sidewalk was constructed on the north sideof West 78th Street as part of first phase of The Arbors development. The building pad elevations allow for reasonable driveway grades for tie in to the street. The proposed driveway forLot 2 will have a minimal slope away from the garage to a swale that will need to shed water to the south and aroundthe house. This is due to the proposed garage elevation being below the street elevation. If the street grade is adjustedto 8% the grades will improve for the driveway design. The proposed driveway for Lot 3 has a minimal slope to tie into the temporary culdesac. The street grade adjustment will also improve the slope of driveway towards the streetfor Lot 3. UTILITIESSanitary SewerThe sanitary sewer was installed as part of the original The Arbors development. The sanitary sewer was extended tothe south to a point of minimal depth. Lots 2 and 3 will need grinder pump systems in order to discharge to thesanitary sewer. Gravity sanitary service laterals will need to be extended under the street section and into the rightofway on the west side of the street with a cleanout. Lots 2 and 3 will tie the forced piping from the grinder pump systeminto the gravity lateral. The property owners will be required to own and maintain the forced portion of the pipethrough the rightofway. The property owner shall also own the cleanout because it will be orientated to facilitatemaintenance of the forced piping. The city will own and maintain the remainder of the gravity lateral.Force MainThe developer shall install a 4inch PVC force main pipe for a future lift station to the south. The piping shall tie intothe existing sanitary manhole with a booted connection. The pipe shall be plugged in the manhole and the invert doesnot need to be adjusted at this time. The city will be responsible for the costs associated with the installation of theforce main.Water MainThe water main shall be extended through the development to the south and end outside of the street section. Theexisting hydrant shall be relocated to the end of the water main. The city will be responsible for the costs associatedwith extending the water main. The water service for Lot 3 will be adjusted to a oneinch service line.Storm SewerCatch basins are being installed on the south end of the street and being tied into the existing line that discharges fromthe storm water pond and conveys water to the lake.SURFACE WATER MANAGEMENTArticle VII, Chapter 19 of City Code describes the required storm water management development standards.Section 19141 states that “these development standards shall be reflected in plans prepared by developers and/orproject proposers in the design and layout of site plans, subdivisions and water management features.” The applicantshall meet the minimum requirements for stormwater set forth in City Code §9VII and requirements of the RileyPurgatoryBluff Creek Watershed District.The site is within the Minnehaha Creek Watershed Management District; therefore, comments regarding the proposedsurface water management are deferred to the District. Storm Water Utility Connection ChargesThe calculated storm water utility connection charge shown in the table below based on the net area of thedevelopment and the development type: low density residential.SURFACE WATER DEVELOPMENT FEEAreaPer Acre Fee Acres FeeGross Area $8,160 2.08 $16,972.80Net Area $8,160 2.08 $16,972.80The SWMP Fee is $16,972.80LANDSCAPINGThe applicant has prepared a tree preservation and landscaping plan for The Arbors Second Addition. Any treesremoved in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameterinches. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall require an encroachmentagreement if planted in a drainage and utility easement.MISCELLANEOUSA threefoot clear space must be maintained around fire hydrants. Street signs shall be installed prior to buildingpermits being issued. Fire Marshal must approve signage. Fire hydrants shall be made serviceable prior to combustibleconstruction. Fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceableprior to combustible construction.DEVELOPMENT CONTRACTThe attached development contract incorporates the conditions of approval for the final plat and construction plansand specifications. A $187,813.29 financial security is required to guarantee compliance with the terms of thedevelopment contract relating to site grading, erosion control, the installation of public utilities, one year of public streetlight operating costs, engineering, surveying, inspection, landscaping, and topsoil. The cash fees for this project total $72,599.25.PLANS & SPECIFICATIONSThe applicant has also submitted detailed construction plans and specifications for staff review and City Councilapproval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staffrequests that the City Council grant staff the flexibility to administratively approve the plans after working with theapplicant's engineer to modify the plans accordingly. The plans and specifications are available for review in theEngineering Department.RECOMMENDATIONStaff recommends approval of the final plat subject to the following conditions of approval, the development contract,the construction plans and specifications with a variance for a street grade in excess of seven percent, and adoption ofthe Findings of Fact and Decision.1. The house designs, locations and driveway configurations for Lots 2 and 3, Block 1, must be revised tomaintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland bufferis incorrect; it must be 50 feet, not 20 feet. Setbacks cannot be confirmed until buffers are accurate.2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition ofapproval for The Arbors Second Addition. The park fees for two new lots are $11,600.00.3. Fire Marshal’s Conditions:1. A 10foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes,Xcel Energy, CenturyLink, cable TV and transformer boxes. This is to ensure that fire hydrants can bequickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #91.2. Fire apparatus access roads and water supply for fire protection is required to be installed. Suchprotection shall be installed and made serviceable prior to and during the time of construction exceptwhen approved alternate methods of protection are provided. 3. Temporary street signs shall be installed at street intersections once construction of the new roadwayallows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.4. Fire apparatus access roads shall be designed and maintained to support the imposed load of fireapparatus and shall be serviced so as to provide allweather driving capabilities. Pursuant to MinnesotaState Fire Code Section 503.2.3. 5. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removedfrom site or chipped.6. The culdesac shall be 90 feet in width.4. Building Official Conditions:1. A final grading plan and soils report must be submitted to the Inspections Division before building permitswill be issued.2. Demolition permits must be obtained prior to demolishing any structures on the site.3. Existing wells and onsite sewage treatment systems on the site must be abandoned in accordance withState Law and City Code.4. As part of the approval, the city will be changing the name of Dogwood Road adjacent to these lots toCrimson Bay Road when the road connects.5. Retaining walls more than four feet high must be designed by a professional engineer and a buildingpermit must be obtained prior to construction. 6. Separate sewer and water services must be provided each lot.5. City Forester’s Conditions:1. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction.Fencing shall be in place and maintained until all construction is completed.2. Any trees removed in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced ata ratio of 2:1 diameter inches.3. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plandated 03/08/2018. The trees must be overstory and a minimum size of 2.5inch d.b.h and shall requirean encroachment agreement if planted in a drainage and utility easement.6. City Engineer’s Conditions:1. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the buildermay have to put steps in the garage to accommodate the grade change.2. Watermain must be minimum 18 inches above or below the sanitary sewer.3. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted.4. Coordinate change from Block 3 on the original plat to Block 1 on the 2nd Addition plat.5. Gravity PVC sanitary service laterals shall be extended from the existing wye locations to a locationbehind the curb in the west rightofway with a cleanout meeting City Plate #5234 to facilitatemaintenance of the pipe. The forced piping shall tie in to the end of the gravity lateral piping.6. A tracer wire shall be included with the HDPE piping for the private grinder pump systems. The tracerwire should come to the surface at the curb box and cleanout locations.7. The property owners shall be responsible to own and maintain the forced portion of the sanitarydischarge piping, the curb stop and curb box, and the cleanout. The city will own the wye and thesanitary piping under the street up to the cleanout.8. The developer is responsible for engineering the installed size of the forced portion of the piping neededfor standard manufactured and engineered grinder pump systems to be installed in the homes. 9. The 8inch water main shall be extended with the street and be stubbed out beyond the end of thetemporary culdesac. The existing hydrant shall be removed and reinstalled at the end of the extension.The water service for Lot 3 should be relocated and resized. The existing service should be removed andthe corporation should be replaced in the main with a tapered plug.10. A 4inch PVC C900 force main shall be installed under the street for a future lift station to the south. Thepipe should tie into the existing sanitary manhole (#19045) with a booted connection.11 . The plan shall include a profile view for the utilities.12. Adjust the street grade to 8%.13. Adjust alignment of the south end of the street section within the rightofway to be offset with 10 feetbehind the curb on the east side of the street and 20 feet behind the curb on the west side of the street.This is due to the width and alignment of the existing rightofway platted to the south. The city isnegotiating with the Arboretum to acquire additional rightofway in order to connect Crimson BayRoad.14. Install bituminous curbing at the south end of the street to force the storm water into the catch basins.15. Increase depth of CBMH1 to increase grade between CB1 and CBMH1. This will decrease gradedownstream to the existing MH and provide for a more consistent velocity.16. If a retaining wall system is shared between the lots a maintenance agreement will need to be agreedupon and recorded with the lot survey and prior to submitting for building permits.17. An escrow amount of $10,000 shall be allocated as part of the required securities collected tocompensate for the removal of the temporary culdesac per Section 1857(t) of the Chanhassen CityCode.7. Water Resources Coordinator’s Conditions:1. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Methodfor Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completedMnRAM evaluation shall be submitted to and approved by the city to establish the classification ofWetland 2 so the appropriate wetland buffer and setback requirements can be determined.2. A wetland buffer 50 feet in width and a 50foot setback from the wetland buffer must be maintainedaround Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the city’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of citystaff, before construction begins and must pay the city $20 per sign. 3. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota PollutionControl Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will berequired in conjunction with this application. The SWPPP shall be provided to the city so it can bereviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for theproject.4. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframerequired by the NPDES permit shall be temporary mulched and seeded. A note shall be included in thedewatering section of the SWPPP that states: “If construction of the proposed temporary/permanentsediment pond is not completed prior to dewatering, the city’s onsite construction observer mustapprove proposed dewatering methods prior to beginning dewatering.”5. The plans shall be revised to incorporate Chanhassen’s standard details for erosion and sediment control,including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall includeperimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch afterfinal grade and prior to issuing the Certificate of Occupancy. 6. The applicant shall provide erosion and sediment control along the south and east property lines toprevent discharge of sediment onto adjacent properties. 7. All silt fence that is not laid parallel to the contours shall have JHooks installed every 5075 feet. Thisshall be noted on the plans and discussed at the preconstruction meeting.8. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consistof riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). Atypical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shallbe shown on the plans and shall be encumbered by a drainage and utility easement.9. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areasshall have temporary erosion protection or permanent cover year round, according to the following tableof slopes and time frames:Type of Slope Time (Maximum time an area canSteeper than 3:1 7 days remain open when the area10:1 to 3:1 14 days is not actively being worked.)Flatter than 10:1 21 daysThese areas include constructed storm water management pond side slopes, and any exposed soil areaswith a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewerinlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to asurface water. 10. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 11 . The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 12. At this time, the estimated total SWMP fee, due payable to the city at the time of final plat recording, is $16,972.80. 13. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 14. OHW contour must be on plan. 15. 100year flood elevation is 945.9, not 945 and contour must be identified on plan. Please correct. 16. 75foot shoreland building setback must be shown on plan. 17. Show location of stockpiles. All stockpiles shall be covered/stabilized at the end of each day. 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. ATTACHMENTS: Final Plat Development Contract Preliminary Plat The Arbors Review Conditions of Approval Findings of Fact and Decision CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE ARBORS SECOND ADDITION DEVELOPMENT CONTRACT (Developer Installed Improvements) i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-8 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. LOT PLANS ................................................................................................................. GC-4 16. EXISTING ASSESSMENTS ....................................................................................... GC-4 17. HOOK-UP CHARGES ................................................................................................. GC-4 18. PUBLIC STREET LIGHTING..................................................................................... GC-4 19. SIGNAGE ..................................................................................................................... GC-4 20. HOUSE PADS .............................................................................................................. GC-4 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 23. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-6 C. Third Parties ...................................................................................................... GC-6 D. Breach of Contract ............................................................................................ GC-6 E. Severability ....................................................................................................... GC-6 F. Building Permits ............................................................................................... GC-7 G. Waivers/Amendments ....................................................................................... GC-7 ii H. Release .............................................................................................................. GC-7 I. Insurance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-7 K. Assignability ..................................................................................................... GC-7 L. Construction Hours ........................................................................................... GC-7 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-8 Q. Soil Treatment Systems .................................................................................... GC-8 R. Variances........................................................................................................... GC-8 S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-8 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions.................................................................................................. GC-9 V. Soil Correction .................................................................................................. GC-9 W. Haul Routes ........................................................................................................... GC-9 X. Development Signs ................................................................................................ GC-9 Y. Construction Plans ................................................................................................. GC-9 Z. As-Built Lot Surveys ........................................................................................... GC-10 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) THE ARBORS SECOND ADDITION SPECIAL PROVISIONS AGREEMENT dated March 26, 2018 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Peter and Deanna Brandt, Husband and Wife (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for THE ARBORS SECOND ADDITION (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat received February 16, 2018, prepared by OTTO ASSOCIATES. Plan B: Grading, Drainage and Erosion Control Plan dated February 16, 2018, prepared by OTTO ASSOCIATES. Plan C: Plans and Specifications for Improvements dated February 16, 2018, prepared by OTTO ASSOCIATES. Plan D: Landscape Plan dated February 16, 2018, prepared by OTTO ASSOCIATES. SP-2 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2018. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $176,813.29. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $18,485.00 Sanitary Sewer and Forcemain $18,030.00 Watermain $14,650.00 Storm Sewer, Drainage System, including cleaning and maintenance $11,600.00 Streets $81,950.00 Sub-total, Construction Costs $144,715.00 Signs $ 3,000.00 Landscaping (2% of construction costs) $ 2,894.30 Engineering, surveying, and inspection (7% of construction costs) Escrow for removal of the temporary cul-de-sac, signs, and restoration $10,130.05 $10,000.00 Sub-total, Other Costs $26,024.35 TOTAL COST OF PUBLIC IMPROVEMENTS $170,739.35 SECURITY AMOUNT (110% of 160,739.35) $187,813.29 SP-3 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Peter and Deanna Brandt 7570 Dogwood Road Excelsior, MN 55331-8053 Phone: 952-470-0076 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES An $187,813.29 letter of credit or escrow for the developer-installed improvements, the $72,599.25 cash administration fee and the fully-executed development contract shall be submitted prior to scheduling a pre-construction meeting. The cash fees were calculated as follows: Administration fee (3% of $144,715.00) $ 4,341.45 GIS fee: $25 (plat) + (2 parcels x $10/parcel) $ 45.00 Surface Water Management (SWMP) fee $ 16,972.80 Park Dedication Fee $ 11,600.00 Partial sewer hookup fee (2 units x $691/unit) $ 1,382.00 Partial water hookup fee (2 units x $2,233/unit) Sewer and Water Lateral Connection Fee: $ 4,466.00 Sanitary Sewer Lateral Charge (2 units x $7,710/unit) $ 15,420.00 Water Lateral Charge (2 units x $9,186/unit) $ 18,372.00 Total cash fee $ 72,599.25 SP-4 B. CITY CONDITIONS OF APPROVAL 1. The house designs, locations and driveway configurations for Lots 2 and 3, Block 1, must be revised to maintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland buffer is incorrect; it must be 50 feet, not 20 feet. Setbacks cannot be confirmed until buffers are accurate. 2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors Second Addition. The park fees for two new lots are $11,600.00. 3. Fire Marshal’s Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, CenturyLink, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. c. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. e. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. f. The cul-de-sac shall be 90 feet in width. 4. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. d. As part of the approval, the city will be changing the name of Dogwood Road adjacent to these lots to Crimson Bay Road when the road connects. SP-5 e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. f. Separate sewer and water services must be provided each lot. 5. City Forester’s Conditions: a. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. b. Any trees removed in excess of proposed tree preservation plans, dated 03/08/2018, will be replaced at a ratio of 2:1 diameter inches. c. A minimum of 13 trees shall be planted in the second addition as shown in the Tree Preservation Plan dated 03/08/2018. The trees must be overstory and a minimum size of 2.5-inch d.b.h and shall require an encroachment agreement if planted in a drainage and utility easement. 6. City Engineer’s Conditions: a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the builder may have to put steps in the garage to accommodate the grade change. b. Watermain must be minimum 18 inches above or below the sanitary sewer. c. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. d. Coordinate change from Block 3 on the original plat to Block 1 on the 2nd Addition plat. e. Gravity PVC sanitary service laterals shall be extended from the existing wye locations to a location behind the curb in the west right-of-way with a cleanout meeting City Plate #5234 to facilitate maintenance of the pipe. The forced piping shall tie in to the end of the gravity lateral piping. f. A tracer wire shall be included with the HDPE piping for the private grinder pump systems. The tracer wire should come to the surface at the curb box and cleanout locations. g. The property owners shall be responsible to own and maintain the forced portion of the sanitary discharge piping, the curb stop and curb box, and the cleanout. The city will own the wye and the sanitary piping under the street up to the cleanout. h. The developer is responsible for engineering the installed size of the forced portion of the piping needed for standard manufactured and engineered grinder pump systems to be installed in the homes. SP-6 i. The 8-inch water main shall be extended with the street and be stubbed out beyond the end of the temporary cul-de-sac. The existing hydrant shall be removed and re-installed at the end of the extension. The water service for Lot 3 should be relocated and resized. The existing service should be removed and the corporation should be replaced in the main with a tapered plug. j. A 4-inch PVC C900 force main shall be installed under the street for a future lift station to the south. The pipe should tie into the existing sanitary manhole (#19-045) with a booted connection. k. The plan shall include a profile view for the utilities. l. Adjust the street grade to 8%. m. Adjust alignment of the south end of the street section within the right-of-way to be offset with 10 feet behind the curb on the east side of the street and 20 feet behind the curb on the west side of the street. This is due to the width and alignment of the existing right-of- way platted to the south. The city is negotiating with the Arboretum to acquire additional right-of-way in order to connect Crimson Bay Road. n. Install bituminous curbing at the south end of the street to force the storm water into the catch basins. o. Increase depth of CBMH1 to increase grade between CB1 and CBMH1. This will decrease grade downstream to the existing MH and provide for a more consistent velocity. p. If a retaining wall system is shared between the lots a maintenance agreement will need to be agreed upon and recorded with the lot survey and prior to submitting for building permits. q. An escrow amount of $10,000 shall be allocated as part of the required securities collected to compensate for the removal of the temporary cul-de-sac per Section 18-57(t) of the Chanhassen City Code. 7. Water Resources Coordinator’s Conditions: a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation shall be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. b. A wetland buffer 50 feet in width and a 50-foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the city’s wetland ordinance. The applicant must install SP-7 wetland buffer edge signs, under the direction of city staff, before construction begins and must pay the city $20 per sign. c. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the city so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. d. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: “If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the city’s on-site construction observer must approve proposed dewatering methods prior to beginning dewatering.” e. The plans shall be revised to incorporate Chanhassen’s standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. f. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. g. All silt fence that is not laid parallel to the contours shall have J-Hooks installed every 50-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. h. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. i. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. SP-8 j. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. k. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. l. At this time, the estimated total SWMP fee, due payable to the city at the time of final plat recording, is $16,972.80. m. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. n. OHW contour must be on plan. o. 100-year flood elevation is 945.9, not 945 and contour must be identified on plan. Please correct. p. 75-foot shoreland building setback must be shown on plan. q. Show location of stockpiles. All stockpiles shall be covered/stabilized at the end of each day. 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN BY: Denny Laufenburger, Mayor (SEAL) AND: Todd Gerhardt, City Manager Peter and Deanna Brandt: BY: Peter Brandt, Husband BY: Deanna Brandt, Wife STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2018, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2018, by Peter Brandt and Deanna Brandt, Husband and Wife. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lots 1, 2, and 3, Block 1 All in The Arbors Second Addition, Carver County, Minnesota MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20___, by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2018. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a GC-2 qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. GC-3 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. GC-4 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Hook-up Charges. . At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount, type and limits of fill on any house pad location. GC-5 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. GC-6 F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. GC-7 F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: GC-8 First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: GC-9 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11”x17” reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, GC-10 (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. Rev. 3/31/06 The Arbors Second Addition REVIEW CONDITIONS OF APPROVAL 1. The house designs, locations and driveway configurations for Lots 1 and 2, Block 1, must be revised to maintain the required wetland setback. *This condition shall be modified as follows: The house designs, locations and driveway configurations for Lots 1 and 2 and 3, Block 1, must be revised to maintain the required wetland setback. Wetland buffer is missing or not noted on several sheets. Wetland buffer is incorrect it must be 50 feet not 20 feet. Setbacks cannot be confirmed until buffers are accurate. 2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors. The park fees shall be collected in full at the rate in force upon final plat submission and approval. *This condition shall be modified as follows: Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors Second Addition. The park fees shall be collected in full at the rate in force upon final plat submission and approval for two new lots are $11,600.00. 3. Fire Marshal’s Conditions: a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. *This condition still applies. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. *This condition still applies. c. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. *This condition still applies. d. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. *This condition still applies. e. Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. *This condition does not apply to this addition. f. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. *This condition still applies. Based on review of the final plat documents, the following condition shall be added: g. The cul-de-sac shall be 90 feet in width. 4. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. b. Demolition permits must be obtained prior to demolishing any structures on the site. *This condition still applies. c. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. *This condition still applies. d. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. *This condition does not apply to this addition. As part of the approval, the city is changing the name of Dogwood Road adjacent to these lots to Crimson Bay Road. e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. *This condition still applies. f. Separate sewer and water services must be provided each lot. *This condition still applies. 5. City Forester’s Conditions: a. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. *This condition still applies. b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be replaced at a ratio of 2:1 diameter inches. *This condition shall be modified as follows: Any trees removed in excess of proposed tree preservation plans, dated 10/31/06 03/08/2018, will be replaced at a ratio of 2:1 diameter inches. c. A minimum of two trees shall be planted on each lot.. *This condition shall be modified as follows: A minimum of two 13 trees shall be planted on each lot in the second addition as shown in the Tree Preservation Plan dated 03/08/2018. The trees must be overstory and a minimum size of 2.5-inch d.b.h and shall require an encroachment agreement if planted in a drainage and utility easement. d. Tree conservation easements on Lots 5, 8, and 9, Block 1 shall be enlarged beyond what is shown on plans dated 10/31/06. *This condition has been met. e. Tree conservation easements shall be located on Lots 1-3, 5, 8-9, Block 1. *This condition has been met. f. The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or Norway spruce. *This condition has been met. 6. City Engineer’s Conditions: a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the builder may have to put steps in the garage to accommodate the grade change. *This condition still applies. b. The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the MPCA Phase II requirements. *This condition does not apply. c. The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the backyard grade is minimum 2%. *This condition does not apply. d. The proposed major contours must be a different line weight or type. *This condition does not apply. e. Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full basement. *This condition does not apply. f. The top and bottom of wall elevations of the wall must be shown on the grading plan. *This condition does not apply. g. Preliminary plat approval shall be contingent upon the approval and construction of Project 06-06. *This condition does not apply. h. Watermain must be minimum 18 inches above or below the sanitary sewer. *This condition still applies. i. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. *This condition still applies. j. An encroachment agreement is required for the gravel drive and turnaround within the Dogwood Road right of way south of West 78th Street. *This condition does not apply. With the construction of the Crimson Bay Road extension, the gravel driveway within the right-of-way goes away and storage is prohibited in the road. Based on review of the development plans for the Second Addition, staff recommends that the following conditions be added: k. Coordinate change from Block 3 on the original plat to Block 1 on the 2nd Addition plat. l. Gravity PVC sanitary service laterals shall be extended from the existing wye locations to a location behind the curb in the west right-of-way with a clean-out meeting City Plate #5234 to facilitate maintenance of the pipe. The forced piping shall tie into the end of the gravity lateral piping. m. A tracer wire shall be included with the HDPE piping for the private grinder pump systems. The tracer wire should come to the surface at the curb box and clean-out locations. n. The property owners shall be responsible to own and maintain the forced portion of the sanitary discharge piping, the curb stop & curb box, and the clean-out. The City will own the wye and the sanitary piping under the street up to the clean-out. o. The developer is responsible for engineering the installed size of the forced portion of the piping needed for standard manufactured and engineered grinder pump systems to be installed in the homes. p. The 8” water main shall be extended with the street and be stubbed out beyond the end of the temporary cul-de-sac. The existing hydrant shall be removed and re- installed at the end of the extension. The water service for Lot 3 should be relocated and resized. The existing service should be removed and the corporation should be replaced in the main with a tapered plug. q. A 4” PVC C900 force main shall be installed under the street for a future lift station to the south. The pipe should tie into the existing sanitary manhole (#19-045) with a booted connection. r. The plan shall include a profile view for the utilities. s. Adjust the street grade to 8%. t. Adjust alignment of the south end of the street section within the right-of-way to be offset with 10’ behind the curb on the east side of the street and 20’ behind the curb on the west side of the street. This is due to the width and alignment of the existing right-of-way platted to the south. The City is negotiating with the Arboretum to acquire additional right-of-way in order to connect Crimson Bay Rd. u. Install bituminous curbing at the south end of the street to force the storm water into the catch basins. v. Increase depth of CBMH1 to increase grade between CB1 and CBMH1. This will decrease grade downstream to the existing MH and provide for a more consistent velocity. w. If a retaining wall system is shared between the Lots a maintenance agreement will need to be agreed upon and recorded with the lot survey and prior to submitting for building permits. 7. Water Resources Coordinator’s Conditions: a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation shall be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. *This condition still applies. b. A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Wetland buffer and setback requirements for Wetland 2 are contingent upon review and approval of the MnRAM for that wetland. *This condition shall be modified as follows: A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Wetland buffer and setback requirements for Wetland 2 are contingent upon review and approval of the MnRAM for that wetland. c. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the wetland setback for Wetland 2. The applicant shall submit house plans that will meet the required setbacks on Lots 1 and 2, Block 1. *This condition does not apply to this phase. d. The proposed conservation easement shall be revised to envelop Wetland 2 and the required wetland buffer. *This condition does not apply to this phase. e. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. *This condition still applies. f. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. *This condition does not apply to this phase. g. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: “If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City’s on-site construction observer must approve proposed dewatering methods prior to beginning dewatering.” *This condition still applies. h. The plans shall be revised to incorporate Chanhassen’s standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. *This condition still applies. i. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. *This condition still applies. j. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. *This condition still applies. k. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. *This condition does not apply to this phase. l. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. *This condition still applies. m. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days *This condition still applies. n. These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. *This condition still applies. o. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. *This condition still applies. p. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. *This condition still applies. q. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. *This condition shall be modified as follows: At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50 16,972.80. r. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. *This condition still applies. Based on review of the submissions the following conditions have been added: s. OHW contour must be on plan. t. 100-year flood elevation is 945.9 not 945 and contour must be identified on plan. Please correct. u. 75’ shoreland building setback must be shown on plan. v. Show location of stockpiles. All stockpiles shall be covered/stabilized at the end of each day 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. *This condition still applies. 9. The developer shall install signage on Lots 4 and 5, Block 2, and Outlots B and C warning of the electrical fence on the Minnesota Landscape Arboretum property. *This condition does not apply to this phase. 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Peter and DeeAnna Brandt for a variance for a street grade in excess of seven percent for the construction of a three lot subdivision on property zoned Single-Family Residential District– Planning Case #2018-07 (#2007-02). On March 26, 2018, the Chanhassen City Council met at its regularly scheduled meeting to consider the application for final plat, plans and specifications with a variance to exceed the seven percent centerline grade for streets and development contract approval. City Code requires center line grades of seven percent or less for public streets. The Chanhassen City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density uses. 3. The legal description of the property is: Lot 1, Block 3, The Arbors, Carver County, Minnesota 4. Variance Findings – Section 18-22 of the City Code provides the following criteria for the granting of a variance: (1) The hardship is not a mere inconvenience; Finding: The street grade variance is not a mere inconvenience, but allows for a reduction in the tree removal required for the development and permits a reasonable connection to the existing Crimson Bay Road. (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding: The road starts at an elevation of 1001.1 and will connect to existing Crimson Bay Road with a low point of 964.6, a 36.5 foot elevation change. (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; Findings: The steep grades running from 78th Street West to the existing terminus of Crimson Bay Road require that any connecting road exceed a seven percent grade. 2 (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findings: The connection of the road segments will improve safety at Crimson Bay Road and Highway 5 by allowing eastbound traffic from the neighborhood to go to Highway 41 and make a left turn at the signal. Additionally, the increase in grades will permit additional tree preservation within the development. 5. The planning report #2018-07 (2007-02), dated March 26, 2018, prepared by Robert Generous, et al, is incorporated herein. DECISION The Chanhassen City Council approves the street grade variance subject to compliance with the conditions of the subdivision approval. ADOPTED by the Chanhassen City Council this 26th day of March, 2018. CITY OF CHANHASSEN BY: _______________________________ Denny Laufenburger, Mayor \\cfs5\cfs5\shared_data\plan\2007 planning cases\07-02 the arbors\second add final plat\findings of fact and decision cc - variance.doc CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Approve Agreement with Carver County for Powers Boulevard Pedestrian Crossing Improvements Section CONSENT AGENDA Item No: D.5. Prepared By Paul Oehme, Director of Public Works/City Engineer File No: PW031A PROPOSED MOTION “The City Council approves a Joint Powers Agreement with Carver County for design and construction of pedestrian crossing improvements on Powers Boulevard (CSAH 17). Council approval requires a Simple Majority Vote of members present. BACKGROUND City staff has been discussing with Carver County a few pedestrian crossings on Powers Boulevard. The pedestrian crossing at Powers Boulevard and Lake Lucy Road is at a crest of a hill but on a highspeed county road. The crossing is striped but no pedestrian crossing signage is present. The county and city did take pedestrian movement counts and evaluated the intersection operations in 2017. The crossing does not have a high number of pedestrian crossings but, due to the high speed and wide pavement section, it is recommend to evaluate this pedestrian crossing for an enhanced pedestrian improvement project. Based on the review of the operations of the intersection, additional intersection lighting was added by the city in 2017. The city constructed pedestrianenhanced crossings at TH 41 by the Minnetonka Middle School West campus and at Highway 101 and Pleasant View Road several years ago. IWCO is also requesting the city and county evaluate the pedestrian crossing at Powers Boulevard and Park Road. This pedestrian crossing is used frequently by IWCO staff. The pedestrian crossing was recently upgraded with a pedestrian enhancement rapid flash system. The study will look at potential geometric improvements to the intersection. DISCUSSION The county and the city of Chanhassen are jointly undertaking a project on County Highway 17 (Powers Boulevard) for potential pedestrian crossing improvements. Three consultant proposals were considered and, based on cost, experience, and project needs, Bolton & Menk, Inc. was selected by the city and county as the preferred consultant. Bolton & Menk, Inc. will provide professional services for design and potentially construction of pedestrian crossing improvements on County Highway 17 (Powers Boulevard) at two locations. The two locations are at the intersections of Lake Lucy Road and Park Road adjacent to the IWCO Direct campus. The project includes data gathering, public outreach and input and, if necessary, construction plans and construction administration and related services. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectApprove Agreement with Carver County for Powers Boulevard Pedestrian CrossingImprovementsSectionCONSENT AGENDA Item No: D.5.Prepared By Paul Oehme, Director of PublicWorks/City Engineer File No: PW031APROPOSED MOTION“The City Council approves a Joint Powers Agreement with Carver County for design and construction ofpedestrian crossing improvements on Powers Boulevard (CSAH 17).Council approval requires a Simple Majority Vote of members present.BACKGROUNDCity staff has been discussing with Carver County a few pedestrian crossings on Powers Boulevard. The pedestriancrossing at Powers Boulevard and Lake Lucy Road is at a crest of a hill but on a highspeed county road. Thecrossing is striped but no pedestrian crossing signage is present. The county and city did take pedestrian movementcounts and evaluated the intersection operations in 2017. The crossing does not have a high number of pedestriancrossings but, due to the high speed and wide pavement section, it is recommend to evaluate this pedestrian crossingfor an enhanced pedestrian improvement project. Based on the review of the operations of the intersection, additionalintersection lighting was added by the city in 2017. The city constructed pedestrianenhanced crossings at TH 41 bythe Minnetonka Middle School West campus and at Highway 101 and Pleasant View Road several years ago. IWCO is also requesting the city and county evaluate the pedestrian crossing at Powers Boulevard and Park Road. This pedestrian crossing is used frequently by IWCO staff. The pedestrian crossing was recently upgraded with apedestrian enhancement rapid flash system. The study will look at potential geometric improvements to theintersection.DISCUSSIONThe county and the city of Chanhassen are jointly undertaking a project on County Highway 17 (Powers Boulevard)for potential pedestrian crossing improvements. Three consultant proposals were considered and, based on cost,experience, and project needs, Bolton & Menk, Inc. was selected by the city and county as the preferred consultant. Bolton & Menk, Inc. will provide professional services for design and potentially construction of pedestrian crossingimprovements on County Highway 17 (Powers Boulevard) at two locations. The two locations are at the intersections of Lake Lucy Road and Park Road adjacent to the IWCO Direct campus. The project includes data gathering, public outreach and input and, if necessary, construction plans and construction administration and related services. The city and Carver County are proposing to split the cost of the engineering services equally as follows: City of Chanhassen $25,976.50 Carver County $25,976.50 $51,953.00 If the project goes to construction, bids for the project will be solicited at a later date. The city attorney has reviewed the agreement. ATTACHMENTS: Joint Powers Agreement Location Map CIP Sheet JOINT POWERS AGREEMENT FOR DESIGN AND CONSTRUCTION OF PEDESTRIAN CROSSING IMPROVEMENTS ON POWERS BOULEVARD (CSAH 17) THIS AGREEMENT FOR DESIGN AND CONSTRUCTION OF PEDESTRIAN CROSSING IMPROVEMENTS ON COUNTY STATE AID HIGHWAY (CSAH 17), ("Agreement") is made and entered into as of the _____ day of _______ , 2018, by and between the City of Chanhassen (“City”), and the County of Carver ("County") (each sometimes hereinafter called "Party" and both sometimes collectively "Parties") the Parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, each of the Parties has the authority to construct, maintain, repair, and improve public streets within their respective jurisdictions; and WHEREAS, County State Aid Highway (CSAH 17) is a duly dedicated public street, located within the corporate limits of City; and WHEREAS, the Parties desire to undertake a joint project involving pedestrian crossing improvements, and related incidental road construction, grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, storm sewer, and other incidentals, and to share the costs of such improvement as herein provided; and WHEREAS, the authority of the Parties to enter into this Agreement is provided by Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of the City and the County with respect to the Project and the sharing of the costs of the Project. Section 1.02. Cooperation. The City and the County shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The Parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. The Project will be open to inspection of duly authorized representatives of the Parties at any time during normal business hours and as often as reasonably deemed necessary. Section 1.03. Relationship To Other Contracts. The City and the County acknowledge Page | 2 that Contract Documents will be entered into by the County on behalf of the Parties with respect to the Project, and that Change Orders or other documents may be entered into by the County on behalf of the Parties, with respect to the Project. This Agreement shall be construed so as to give the fullest effect to its provisions, consistent with the provisions of the other contracts and documents referred to above. Section 1.04. Term. The term of this Agreement shall be for a period commencing on the date hereof and terminating on the date the Project is completed, accepted by the Parties and all amounts owed by one Party to the other have been paid in full. Section 1.05. Recitals. The above recitals are true and correct as of the date hereof and constitute a part of this Agreement. Section 1.06 Enabling Authority. Minnesota Statutes, Section 471.59, authorizes two or more governmental units to jointly exercise any power common to the contracting Parties. ARTICLE II DEFINITIONS Section 2.01. Definitions. In this Agreement the following terms shall have the following meanings unless the context requires otherwise: (a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time to time. (b) Change Order: a written order, change order or supplemental agreement to the Contractor approved in writing, which may be electronic, by both Parties hereto and signed by the County Representative on behalf of the Parties authorizing a change in the work included within the Contract Documents and/or an adjustment in the price and/or an adjustment in the construction schedule, issued after execution of the contract for the construction of the Project. (c) City: the City of Chanhassen. (d) City Representative: Paul Oehme, P.E., Public Works Director / City Engineer (e) City/County Costs: the direct and indirect costs of City and County employees performing services on behalf of the Project, and other incidentals. (f) Concept and Design Phase Professional Services Costs: the fees and costs for all professional services performed in concept and design phase activities for the Project. (g) Construction Phase Professional Services Costs: the fees and costs for all professional services performed in construction phase activities for the Project. Page | 3 (h) Contract Documents: drawings; Engineers Estimate; specifications; general and special conditions; addenda, if any; Change Orders; and the construction contract for the Project; approved by the Parties, or their respective representatives. (i) Contractor: the person or entity that is awarded the contract for the construction of the Project. (j) County: Carver County. (k) County Representative: Lyndon Robjent, P.E., Carver County Engineer. (l) Engineers Estimate: the professional engineer’s opinion of probable cost prior to the bidding of the Project, which encompasses all projected costs tabulated for each Party. (m) Project: Design and Construction of Pedestrian Crossing Improvements on Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City, to include engineering design and construction services for the design and construction of pedestrian crossing treatments and related incidental road construction, grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, storm sewer, and other incidentals. (n) Project Costs: all costs for and associated with the construction of the Project, including Concept and Design Phase Professional Services Costs, Construction Phase Professional Services Costs, and City/County Costs. (o) Project Location: Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City of Chanhassen, as generally depicted in Exhibit A. (p) Uncontrollable Circumstances: the occurrence or non-occurrence of acts or events beyond the reasonable control of the Party relying thereon, and not the result of willful or negligent action or inaction of the Party claiming the event as an Uncontrollable Circumstance, that materially adversely affects the performance of the Party claiming the event as an Uncontrollable Circumstance including but not limited to the following: (1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lighting and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. (2) The adoption of or change in any federal, state, or local laws, rules, regulations, ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution Page | 4 of this Agreement. (3) A suspension, termination, interruption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. (4) Orders and/or judgment of any federal, state, or local court, administrative agency, or governmental body, provided, however, that the contesting in good faith by such Party of any such order and/or judgment shall not constitute or be construed to constitute a willful or negligent action or inaction of such Party. (5) Strikes or other such labor disputes shall not be considered an Uncontrollable Circumstance, unless such strike or labor dispute involves persons with whom the Parties have no employment relationship and the Parties, or either of them, cannot, using best efforts, obtain substitute performance. ARTICLE III ALLOCATION OF DUTIES Section 3.01. Concept and Design Phase Activities. Concept and design phase activities, including, but not limited to, field surveys, right of way plats, design, engineering, right of way acquisition, and other matters, shall be completed by the Parties as follows: See attached Exhibit B. Section 3.02. Construction Phase Activities. Construction phase activities, including, but not limited to, the bid process, preparation of contract documents, awarding of contract, construction inspection and surveying and other matters, shall be completed by the Parties as follows: See attached Exhibit B. Section 3.03. Contract Award. The Contract Documents shall be approved in writing, which may be electronic, by the Parties prior to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes, County will cause bids to be received by it for the construction of the Project and, subject to approval by the City if the low responsible bidder is more than the Engineers Estimate, shall award the contract for the construction of the Project to the lowest responsible bidder. Section 3.04. Project Construction. Subject to Uncontrollable Circumstances, the Parties shall cause the Project to be constructed in accordance with the Contract Documents. The City shall have the right to review and approve of any proposed changes to the plans and specifications as they relate to City’s cost participation prior to the work being performed. Section 3.05. Maintenance Upon Project Completion and Final Acceptance. Highway Page | 5 maintenance shall be completed by the Parties, upon project completion and final acceptance of the Project, as follows: The Parties agree to perform highway maintenance responsibilities that are consistent with the Carver County Cost Participation Policy, Maintenance Section, as shown in Exhibit D, unless superseded by a separate highway maintenance agreement between the Parties. The City will perform all maintenance responsibilities on all streets under the City jurisdiction. ARTICLE IV PROJECT COST SHARING Section 4.01. Allocation. (a) The Project Costs for all items shall be divided between the City and County as follows: See attached Exhibit C. (b) The Concept and Design Phase Professional Services Costs for all items shall be divided between the Parties as follows: See attached Exhibit C. (c) The Construction Phase Professional Services Costs for all items shall be divided between the Parties as follows: See attached Exhibit C. (d) All other costs including, but not limited to City/County Costs, shall be allocated between the Parties as follows: See attached Exhibit C. Section 4.02. Payments to Contractor. The County shall make partial progress payments to the Contractor and, upon approval of both Parties hereto, the final payment to the Contractor in accordance with the Contract Documents. The designated City Representative shall have the right to approve of any Change Orders prepared by the County that affect the City’s share of the construction cost. The City further agrees that it will participate in the settlement of any claim from the County's contractor for the Project that involve delays attributable to unreasonable delays in approval by the City for plan or specification changes deemed necessary by the County Engineer or staff. The amount of the City’s participation in any such claim shall be commensurate with the percentage of delay directly attributable to City’s actions. Section 4.03. Adjustments and Reconciliation. To the extent that the actual value of any item included in an invoice cannot be accurately determined at the time of submission of the Page | 6 invoice, such item shall be invoiced on an estimated basis and an adjustment shall be made to reflect the difference between such estimated amount and the actual amount of such item on the next invoice after determination of the actual amount. Prior to final acceptance of the Project, the designated county representative shall provide City with a reconciliation of all costs for the Project and the respective contributions of the Parties for the review and approval of the Parties. Section 4.04. Exclusive Responsibility. All aspects of application for State of Minnesota for State and Federal Funds and the grant thereof by the State, are the exclusive responsibility of the County, including but not limited to the investment, expenditure, and allocation of such funds. It is specifically agreed that any interest on the investment of any such funds is the sole property of the County, to use as the County shall see fit. Section 4.05. Payment to County. The City agrees to reimburse the County for costs incurred, pursuant to Section 4.01. Unless previously deposited as provided herein, the City is responsible to pay these monies to the County within thirty (30) days of being invoiced for costs incurred or services performed. Costs will be invoiced at the completion of each project phase and upon final acceptance of the Project by the Parties, unless an alternate schedule is mutually agreed upon in writing by the authorized representatives of the Parties. After an award by the County to the selected consultant on the Project, County shall invoice the City to deposit with the County the City’s share in the Project Costs to be paid on an annual basis as follows: invoice for 2018 at beginning of the contract / project – 50% Concept and Design Phase Activities; invoice for 2018 on October 1, 2018 – remainder 50% Concept and Design Phase Activities; invoice for 2018 or 2019 at beginning of construction – 50% Construction Phase Activities; and invoice for 2018 or 2019 at end of construction – remainder of balance of Construction Phase Activities. Section 4.06. Payment to City. The County agrees to reimburse the City for costs incurred, pursuant to Section 4.01. The County is responsible to pay these monies to the City within thirty (30) days of being invoiced for costs incurred or services performed. Costs will be invoiced at the completion of each project phase and upon final acceptance of the project by the Parties, unless an alternate schedule is mutually agreed upon in writing by the authorized representatives of the Parties. ARTICLE V GENERAL PROVISIONS Section 5.01. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to City and County, certified mail, return- receipt requested, at the following address: City: Paul Oehme, PE Public Works Director / City Engineer City of Chanhassen Page | 7 P.O. Box 147 Chanhassen, MN 55317 Phone: (952) 227-1169 E-mail: poehme@ci.chanhassen.mn.us County: Lyndon Robjent, PE Public Works Director / County Engineer Carver County Public Works 11360 Hwy 212 West, Suite 1 Cologne, MN 55322 Phone (952) 466-5200 E-mail: lrobjent@co.carver.mn.us Either Party may change its address or authorized representative by written notice delivered to the other Party pursuant to this Section 5.01. Section 5.02. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. Section 5.03. Survival of Terms, Representations and Warranties. The representations, warranties, covenants, and agreements of the Parties under this Agreement, and the remedies of either Party for the breach of such representations, warranties, covenants, and agreements by the other Party shall survive the execution and termination of this Agreement. The terms of Sections 3.05, 5.14, 5.15, 5.16 and 5.17 shall survive the expiration, termination or withdrawal from this Agreement. Section 5.04. Non-Assignability. Neither the City nor the County shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other Party. Such consent shall not be unreasonably withheld. Section 5.05. Alteration. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all Parties. Section 5.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. Section 5.07. Severability. The provisions of this Agreement are severable. If any Page | 8 paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 5.08. Interpretation According to Minnesota Law. The Laws of the State of Minnesota shall apply to this Agreement. Section 5.09. Final Payment. Before final payment is made to the Contractor, the Contractor shall provide a certificate of compliance from the Commissioner of Revenue certifying that the Contractor and any out-of-state subcontractors have complied with the provisions of Minnesota Statutes, Section 290.92. Section 5.10. Headings. The headings to the various sections of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed, to modify, define, limit, or expand the intent of the Parties as expressed in this Agreement. Section 5.11. Further Actions. The Parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 5.12. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. Section 5.13. Employees. It is further agreed that any and all full-time employees of County and all other employees of said County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of County only and not of City and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third Parties as a consequence of any act or omission on the part of County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of County. It is further agreed that any and all full-time employees of City and all other employees of said City engaged in the performance of any work or services required or provided for herein to be performed by City shall be considered employees of City only and not of County and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third Parties as a consequence of any act or omission on the part of said City employees which so engaged on any of the work or services to be rendered herein shall be the sole obligation and responsibility of City. Section 5.14. Indemnification. The Parties’ total liability under this Agreement shall be governed by Minn. Statutes, Section 471.59, Subd. 1a. Page | 9 Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts/omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Statutes, Section 466.04, Subd. 1. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party’s negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. la(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Section 5.15. Records – Availability and Access A. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. City agrees to maintain these records for a period of six years from the date of termination of this Agreement. B. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the County agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement. County agrees to maintain these records for a period of six years from the date of Page | 10 termination of this Agreement. Section 5.16. Data Practices. Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Section 5.17. Nondiscrimination. During the performance of this Agreement, the City and the County agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. Section 5.18. Default and Withdrawal. Default in this Agreement may occur when a Party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement. Unless the Party’s default is excused by the non-defaulting Party, the non-defaulting Party may, upon written notice to the defaulting Party representative listed herein, cancel this Agreement in its entirety as indicated below. Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days’ prior written notice to the other Parties herein. Only the governing bodies of the Participating Parties have authority to act pursuant to this provision of the Agreement. Each Party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days from the opening of bids for the project in the event either or both Parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement to be accomplished by either or both Parties within 30 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both Parties in writing. Section 5.19. Third Party. This Agreement does not create any rights, claims or benefits inuring to any person that is not a Party hereto nor create or establish any third Party beneficiary. Page | 11 IN TESTIMONY WHEREOF, The Parties hereto have caused these presents to be executed. City of Chanhassen, Minnesota Denny Laufenburger, Mayor Date: Todd Gerhardt, City Manager Date: County of Carver, Minnesota County Board Chair Date: Attest: County Administrator Date: Approved As To Form: County Attorney Date: Powers Blvd andLake Lucy Rd Powers Blvd andPark Rd LakeDrEW 77th St W79thStAudubon RdLaredoDrM a r k e t S t ParkR dLake DrKerberBlvd Plea s a n t ViewRd Pon t i a c L nCarver Beach Rd Cree Dr Ponderosa Dr Lake Lucy Rd Santa Fe Trl SantaVeraDrChippewaTrlBigho r n D r W oodDuc kLnDevonshir e DrS ierraTrlRedwing L nHighland Dr Western Dr W 78thS t W 76th St GreatPlainsBlvdSad d l e broo k TrlChan ViewRedman LnBre ttonWa yParkDr DelRioD r C o n e stogaTrlLake PtHuronKiowaF o x H ill D rP a r kPl Woodhill Dr Butte C tShawneeLn LakeLucy Ln YosemiteAveCoulter Blvd NezPerceDrMark et Blvd Tet o nLnO x b o w Bnd LakewayDrMulberryCir H opi Rd FrontierTrlUtica LnTecumsehL n Sarat ogaDrLucyRidgeLnFoxPathPi m a LnHorseshoe CurvCanyon C urvChap a rralLn L ot us T rl Kimb erlyL n M ulberryCirEArboretumBlvdPowersBlvd?A@5 ST101 ST17 Exhibit APowers Blvd Pedestrian Crossings This map was created using a compilation of information and data from various City, County, State, and Federal offices. It is not a surveyed or legally recorded map and is intended to be used as a ref erence. Carver County is not responsible for any inaccuracies contained herein. Public Works Division11360 H wy 212, Suite 1Cologne, MN 55322(952) 466-5200Created: 3/5/201802,000 4,0001,000 Feet ´ Exhibit B – Allocation of Duties For the following Project: Design and Construction of Pedestrian Crossing Improvements on Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City of Chanhassen Concept and Design Phase Activities County will complete all concept and design phase activities of the Project and procure necessary Concept and Design Phase Professional Services. Construction Phase Activities Unless otherwise agreed upon by the City Representative and County Representative, County will complete all construction phase activities of the Project and procure necessary Construction Phase Professional Services, except that City will provide for the construction inspection services for all City utilities constructed with the Project. Exhibit C – Project Cost Sharing For the following Project: Design and Construction of Pedestrian Crossing Improvements on Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City of Chanhassen The County and City agree that items not specifically covered by this agreement will be cost shared by the parties in accordance with the current version of the Carver County Cost Participation Policy, for a Conventional Project, which is attached hereto as Exhibit D. County and City agree to cost share as follows: Project Costs The County and City agree to cost share Project Costs in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the following: 1. The County and City agree to cost share electronic pedestrian warning systems at a ratio of 25% County and 75% City. 2. The County and City agree that any donation dedicated to the Project by IWCO will be pro-rated between the Parties by their respective construction cost share for the Park Road pedestrian crossing location. 3. The County and City agree to evenly split (50% County/50% City) all right of way acquisition costs. Right of way acquisition includes all costs related to the acquisition of property except professional services. 4. The City agrees to transfer property or grant easement rights to the County of City owned property needed for the Project at no cost to the County. 5. The City agrees to pay for all City requested improvements that are included in the Project, that the County does not deem necessary to carry out the scope of the Project. The Engineers Estimate and any Change Orders will show such City requested improvement costs for City approval. Concept and Design Phase Professional Services Costs The County and City agree to cost share Concept and Design Phase Professional Services Costs in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the following: 1. The County and City agree to evenly split (50% County/50% City) all right of way related professional services costs. 2. All remaining professional services costs will be split in accordance with the Carver County Cost Participation Policy (Exhibit D) and will considered the same as engineering services. Page 1 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013 CCaarrvveerr CCoouunnttyy DDiivviissiioonn ooff PPuubblliicc WWoorrkkss COST PARTICIPATION POLICY Applicable to Cooperative Highway Projects between Carver County and Municipalities. Adopted by the Carver County Board of Commissioners on February 17, 1998. Amended by the Carver County Board of Commissioners on February 13, 2007, and March 19, 2013. A. Construction Cost Share – Conventional Project (Projects programmed in the County 5-year CIP.) Project Items County Share Municipality Share Note Right of Way By Negotiation By Negotiation 1 Retaining Wall in lieu of right of way Same %age as R/W Same %age as R/W Clearing and Grubbing 100% 0% Grading 100% 0% 2 Aggregate Base and Surfacing 100% 0% 3 Parking Lanes on 4-lane or 6-lane road 0% 100% 4 Storm Sewer and Ponds/Treatment Basins %age of Contributing Flow %age of Contributing Flow 5 Culverts 100% 0% Concrete Sidewalk 0%>5000 Population 50%<5000 Population 100%>5000 Population 50%<5000 Population 6 Concrete Curb and Gutter and Pedestrian Ramps 0%>5000 Population 50%<5000 Population 100%>5000 Population 50%<5000 Population 7 Concrete Median and Median Curb 100%0%8 Concrete Driveway Entrances (Apron) 100% 0% 9 Municipal Utility Adjustment or Construction 0% 100% Roundabouts By Leg By Leg Traffic Signals By Leg By Leg 10 Intersection Lighting By Leg By Leg 11 Street Lighting 0% 100% 12 Bridges By Negotiation By Negotiation Trails along county highway 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 13 Trail Underpass/Overpass 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 14 Landscaping 25% up to State Aid Limit 75% 15 Aesthetic Treatments 0% 100% 16 Highway Signs 100% 0% Electronic/Specialty Signs By Negotiation By Negotiation Noise Walls By Negotiation By Negotiation 17 Mobilization Pro-rated by const. share Pro-rated by const. share Erosion Control Pro-rated by const. share Pro-rated by const. share Traffic Control Pro-rated by const. share Pro-rated by const. share Engineering Services Pro-rated by const. share Pro-rated by const. share Other items By Negotiation By Negotiation Exhibit D Page 2 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013 CCaarrvveerr CCoouunnttyy DDiivviissiioonn ooff PPuubblliicc WWoorrkkss Conventional Project Notes 1. Fee title and permanent and temporary easements needed for projects on the existing county highway system or newly established or dedicated county highway system including the property needed for storm water treatment basins and wetland mitigation sites. 2. Includes grading and removal items. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 3. Applies to county roads and work necessary to tie in existing public street approaches. Enha ncements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 4. Includes grading, base and surfacing. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 5. Includes catch basins, manholes, storm sewer pipes, outlet structures, grit chambers, and water quality and rate control ponds/basins. The county share is based on the ratio of contributing flow from the right of way to the total contributing flow. 6. Existing sidewalk impacted by the highway construction will be replaced in kind by the county. 7. Existing curb and gutter and pedestrian ramps impacted by the highway construction will be replaced in kind by the county. 8. The county pays for standard median design which is plain concrete . If a municipality requests decorative median the municipality pays the additional cost above the cost of a standard median. 9. Concrete aprons are installed at locations determined by the county. Driveways beyond the apron are constructed in -kind. 10. Applies to new and replacement traffic signals. Includes all components that make up a permanent warranted traffic control signal system with steel poles and mast arms installed at an intersection of a county highway and public roadway at an approved location by the county. The county pays 0% of a signal system at a private access/road. The municipality pays 100% of the furnishing and maintenance of electrical power to the traffic signal. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 11. Designed to light an intersection for traffic safety purposes. Locations will be determined by the county. 12. Decorative type lighting along the roadway. 13. Applies to trails constructed with county road projects only. Stand alone trail projects are handled separately. Locations and descriptions are shown in the Carver County Comprehensive Plan and other related trail plans and policy documents. Applies to all costs associated with trail including but not limited to: grading, drainage, base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed for the trail. The county will only participate in trails constructed to meet State Aid Rules and Standards. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. Townships are exempt from paying for trails. 14. Underpasses spanning 10 feet or more are considered bridges and will be added to the county bridge safety inspectio n program. 15. Landscaping items as approved by the county. State Aid limit is 5% of annual construction allotment. 16. Aesthetic items that do not serve a specific transportation use such as streetscaping, median plantings, decorative railing, ornamental fencing etc. All approved median plantings require irrigation. 17. Additional costs for decorative noise walls will be the responsibility of the requesting agency. Page 3 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013 CCaarrvveerr CCoouunnttyy DDiivviissiioonn ooff PPuubblliicc WWoorrkkss B. Construction Cost Share – Development Driven Project (Projects not programmed in the County 5-year CIP) Project Items County Share Municipality Share Note Right of Way 0% 100% 1 Retaining Wall in lieu of right of way Same %age as R/W Same %age as R/W Clearing and Grubbing 100% 0% Grading 100% for through lane and shoulder (up to 44’ wide). 50% for additional through lanes and median. 100% for county rd. to county rd. turn lanes. 0% for through lane and shoulder (up to 44’ wide). 50% for additional through lanes and median. 100% for city st. to county rd. turn lanes and county rd. to city st. turn lanes 2 Aggregate Base and Surfacing Same as Grading Same as Grading Parking Lanes on 4-lane or 6-lane road 0% 100% 3 Storm Sewer and Ponds/Treatment Basins %age of Contributing Flow %age of Contributing Flow 4 Culverts 100% 0% Concrete Sidewalk 0% 100% Concrete Curb and Gutter and Pedestrian Ramps 0% 100% Concrete Median and Median Curb 50% 50% 5 Concrete Driveway Entrances (Apron) 100% 0% 6 Municipal Utility Adjustment or Construction 0% 100% Roundabouts By Leg if meets warrants by opening. By Leg up to 50% if meets warrants for design year. 0% if does not meet warrants for design year. By Leg if meets warrants by opening. By Leg but no less than 50% if meets warrants for design year. 100% if does not meet warrants for design year. Traffic Signals By Leg if meets warrants by opening. 50% of County Legs if meets warrants for design year. 0% if does not meet warrants for design year. By Leg if meets warrants by opening. 100% of City legs plus 50% of County Legs if meets warrants for design year. 100% if does not meet warrants for design year. 7 Intersection Lighting By Leg By Leg 8 Street Lighting 0% 100% 9 Bridges By Negotiation By Negotiation Page 4 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013 CCaarrvveerr CCoouunnttyy DDiivviissiioonn ooff PPuubblliicc WWoorrkkss Trails along county highway 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 10 Pedestrian Underpass/Overpass 0% 100% 11 Landscaping 0% 100% 12 Aesthetic Treatments 0% 100% 13 Highway Signs 100% 0% Electronic/Specialty Signs By Negotiation By Negotiation Noise Walls 0% 100% 14 Mobilization Pro-rated by const. share Pro-rated by const. share Erosion Control Pro-rated by const. share Pro-rated by const. share Traffic Control Pro-rated by const. share Pro-rated by const. share Engineering Services Pro-rated by const. share Pro-rated by const. share Other items By Negotiation By Negotiation Development Driven Project Notes 1. Fee title and permanent and temporary easements needed for projects on the existing county highway system or newly established or dedicated county highway system including the property needed for storm water treatment basins and wetland mitigation sites. The cost share for right of way needed outside the boundaries of a development plat will be negotiated. 2. Includes grading and removal items. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 3. Includes grading, base and surfacing. Applies to county roads and work necessary to tie in exist ing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 4. Includes catch basins, manholes, storm sewer pipes, outlet structures, grit chambers, and water quality and rate control ponds/basins. The county share is based on the ratio of contributing flow. County share is based on the contributing flow from the right of way less roadway surface areas that the municipality pays for. The municipality share is the contributing flow from outside the right of way plus roadway surface area the municipality pays for. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. 5. The county pays for standard median design which is plain concrete. If a municipality requests decorative median the municipality pays the additional cost above the cost of a standard median. 6. Concrete aprons are installed at locations determined by the county. Driveways beyond the apron are constructed in-kind. 7. Applies to new and replacement traffic signals. Includes all components that make up a permanent warranted traffic control signal system with steel poles and mast arms installed at an intersection of a county highway and public roadway at an approved location by the county. To meet signal warrants, the intersection must meet either the four hour or the eight hour vehicular volume warrant standard. The county pays 0% of a signal system at a private access/road. The municipality pays 100% of the furnishing and maintenance of electrical power to the traffic signal. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 8. Designed to light an intersection for traffic safety purposes. Locations will be determined by the county. 9. Decorative type lighting along the roadway. 10. Applies to trails constructed with county road projects only. Locations and descriptions are shown in the Carver County Comprehensive Plan and other related trail plans and policy documents. Costs associated with trail include grading, drainage , base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed for the trail. The county will only participate in trails constructed to meet State Aid Rules and Standards. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. 11. Underpasses spanning 10 feet or more are considered bridges and will be added to the county bridge safety inspection program. 12. Landscaping items as approved by the county. 13. Aesthetic items that do not serve a specific transportation use such as streetscaping, median plantings, decor ative railing, ornamental fencing etc. All approved median plantings require irrigation. 14. Additional costs for decorative noise walls will be the responsibility of the requesting agency. Page 5 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013 CCaarrvveerr CCoouunnttyy DDiivviissiioonn ooff PPuubblliicc WWoorrkkss C. Maintenance - Maintenance of county highways constructed under this policy will be as follows unless specified differently in a separate maintenance agreement. 1. The county is responsible for maintenance of the county highway between curbs or between outside edges of shoulders. This includes but is not limited to snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, striping and sign replacement. In addition, the county is responsible for routine maintenance outside the edge of shoulder and within the right of way of a rural county highway. The county may enter into agreements with municipalities to perform highway maintenance. 2. The municipality is responsible for maintenance of the boulevard, landscaped median, trees, shrubs, irrigation systems, sidewalk, retaining walls, steps, aesthetic treatments, and other urban appurtenances within the right-of- way of an urban county highway. 3. The county is responsible for maintenance of bridges and culverts on the county route. 4. The municipality is responsible for maintenance of its utilities and storm sewer systems including detention/treatment basins. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. 5. The county is responsible for maintaining roundabouts with the exception of island landscaping and aesthetic treatments which are the responsibility of the municipality. 6. Unless stipulated by special agreement, the county will own and is responsible for maintaining traffic signal systems (with the exception of the attached lighting) at county road intersections with local public roadways and private streets. The municipality is responsible for maintaining the signal lighting and the electrical power to the signal system. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 7. The municipality is responsible for maintenance of intersection lighting at a county road and local road intersection. The county is responsible for maintenance of intersect ion lighting at a county road and county road intersection. 8. The municipality is responsible for the maintenance of street lights. 9. The municipality is responsible for maintaining trails within the county highway right-of-way. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. 10. The municipality is responsible for maintaining pedestrian underpasses and overpasses. 11. The county is responsible for maintaining highway signs. 12. The county is responsible for maintaining electronic/specialty signs. The costs of maintenance will be shared at the same percentage as the original installation. 13. Maintenance of noise walls is the responsibility of the agency paying for the initial installation. Construction Phase Professional Services Costs The County and City agree to cost share Construction Phase Professional Services Costs in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the following: 1. The County and City agree to evenly split (50% County/50% City) all right of way related professional services costs. 2. All remaining professional services costs will be split in accordance with the Carver County Cost Participation Policy (Exhibit D) and will considered the same as engineering services. Other Costs The County and City agree to cost share Other Costs in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the following: 1. The County and City agree to evenly split (50% County/50% City) all right of way related County direct and indirect costs of staff costs. 2. All remaining County direct and indirect costs of staff and other incidental costs will be split with the City in accordance with the Carver County Cost Participation Policy (Exhibit D) and will considered the same as engineering services. 3. The City agrees to not bill County for direct and indirect internal staff costs for the Project in order to support the City administration and City utility inspection of the project for City. Powers Blvd andLake Lucy Rd Powers Blvd andPark Rd LakeDrEW 77th St W79thStAudubon RdLaredoDrM a r k e t S t ParkR dLake DrKerberBlvd Plea s a n t ViewRd Pon t i a c L nCarver Beach Rd Cree Dr Ponderosa Dr Lake Lucy Rd Santa Fe Trl SantaVeraDrChippewaTrlBigho r n D r W oodDuc kLnDevonshir e DrS ierraTrlRedwing L nHighland Dr Western Dr W 78thS t W 76th St GreatPlainsBlvdSad d l e broo k TrlChan ViewRedman LnBre ttonWa yParkDr DelRioD r C o n e stogaTrlLake PtHuronKiowaF o x H ill D rP a r kPl Woodhill Dr Butte C tShawneeLn LakeLucy Ln YosemiteAveCoulter Blvd NezPerceDrMark et Blvd Tet o nLnO x b o w Bnd LakewayDrMulberryCir H opi Rd FrontierTrlUtica LnTecumsehL n Sarat ogaDrLucyRidgeLnFoxPathPi m a LnHorseshoe CurvCanyon C urvChap a rralLn L ot us T rl Kimb erlyL n M ulberryCirEArboretumBlvdPowersBlvd?A@5 ST101 ST17 Exhibit APowers Blvd Pedestrian Crossings This map was created using a compilation of information and data from various City, County, State, and Federal offices. It is not a surveyed or legally recorded map and is intended to be used as a ref erence. Carver County is not responsible for any inaccuracies contained herein. Public Works Division11360 H wy 212, Suite 1Cologne, MN 55322(952) 466-5200Created: 3/5/201802,000 4,0001,000 Feet ´ CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Approve Cellular Antenna Agreements with Verizon Wireless Section CONSENT AGENDA Item No: D.6. Prepared By Chelsea Petersen, Assistant City Manager File No: PROPOSED MOTION “The City Council approves the Water Tower Antennae Agreement with Verizon Wireless for the purposes of installing cellular telephone antennae on Tower 2, Tower 3, and the Lake Lucy Water Reservoir.” Council approval requires a Simple Majority Vote of members present. SUMMARY Staff has been contacted by representatives from Verizon Wireless, LLC regarding the installation of cellular telephone antennae on multiple water towers in Chanhassen.They propose to install equipment on the Lake Lucy Water Reservoir, Tower 2 (located near Minnetonka Middle School West), and Tower 3 (located near Lifetime Fitness). All locations currently have cellular and other communications equipment located on them. The key points of the agreement are as follows: The initial terms of the leases are for five years. Each lease can be extended for up to 20 years (four renewal terms of five years each). The commencement dates will be later this year as plan review is completed and construction nears. Rent for each tower is $2,300/month.This amount increases by 2% annually.This rent structure is similar to other cell leases in the city. Any taxes levied on the property due to the antennae will be paid by Verizon Wireless. Any expenses incurred by the city due to the antennae will be reimbursed by Verizon Wireless. The agreement may be terminated by the city if rent is not paid 15 days after written notice, if the water tower no longer becomes needed, or if a higher priority user (such as a city or public safety use) is needed. Verizon Wireless will be responsible for review and inspection fees, and has already submitted a $20,000 escrow for each of the three locations ($60,000 total) for estimated expenses. Any unused escrow fees will be applied to future rent payments after installation and inspections are complete. The preliminary site plans are attached but will be approved by the Planning, Building, and Engineering Departments, as well as a third party engineer prior to installation.The attached plans are subject to change slightly. RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectApprove Cellular Antenna Agreements with Verizon WirelessSectionCONSENT AGENDA Item No: D.6.Prepared By Chelsea Petersen, Assistant CityManager File No: PROPOSED MOTION“The City Council approves the Water Tower Antennae Agreement with Verizon Wireless for the purposes ofinstalling cellular telephone antennae on Tower 2, Tower 3, and the Lake Lucy Water Reservoir.”Council approval requires a Simple Majority Vote of members present.SUMMARYStaff has been contacted by representatives from Verizon Wireless, LLC regarding the installation of cellular telephoneantennae on multiple water towers in Chanhassen.They propose to install equipment on the Lake Lucy WaterReservoir, Tower 2 (located near Minnetonka Middle School West), and Tower 3 (located near Lifetime Fitness). Alllocations currently have cellular and other communications equipment located on them.The key points of the agreement are as follows:The initial terms of the leases are for five years. Each lease can be extended for up to 20 years (four renewalterms of five years each). The commencement dates will be later this year as plan review is completed andconstruction nears. Rent for each tower is $2,300/month.This amount increases by 2% annually.This rent structure is similar toother cell leases in the city.Any taxes levied on the property due to the antennae will be paid by Verizon Wireless.Any expenses incurred by the city due to the antennae will be reimbursed by Verizon Wireless.The agreement may be terminated by the city if rent is not paid 15 days after written notice, if the water towerno longer becomes needed, or if a higher priority user (such as a city or public safety use) is needed.Verizon Wireless will be responsible for review and inspection fees, and has already submitted a $20,000escrow for each of the three locations ($60,000 total) for estimated expenses. Any unused escrow fees will beapplied to future rent payments after installation and inspections are complete.The preliminary site plans are attached but will be approved by the Planning, Building, and EngineeringDepartments, as well as a third party engineer prior to installation.The attached plans are subject to changeslightly. RECOMMENDATION Staff recommends that the Chanhassen City Council approve the attached Water Tower Antennae Agreement with Verizon Wireless, LLC for the purpose of installing cellular telephone antennae on Chanhassen Tower 1, Tower 2, and the Lake Lucy Water Reservoir.This action requires a majority vote of the City Council for approval. ATTACHMENTS: Lake Lucy Plans Tower 2 Plans Tower 3 Plans Contract Draft UGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGT UGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGTUGTUGTUG E U G E U G E U G E UGE UGE UGE UGE UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGT UGT UGT UGT U G T U G T U G T UG T UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGETEEHE TH7104 8 10 5 11051105 1 1049105010501 0 4 9 1 0 4 810461045 10471048104910481045 1040 1043MINC EULERCarver County, MN0494A2278.000No.DateREVISIONSByCHKAPP'DSMKJPB/JMBFIELD WORK: 5/18/17CHECKED BY:DRAWN BY:© 2017 WIDSETH SMITH NOLTINGLEGENDHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"SITE NAME: DESIGNSITE SURVEYI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.PRELIMINARYWIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalCHAIN LINK FENCEUGEUNDERGROUND ELECTRICEFENCE POSTELECTRIC POLEELECTRIC METERNORTHDETAIL0SCALE ( IN FEET )1020BUILDING WALL HATCHCONCRETE SURFACEGRAVEL SURFACEUGTUNDERGROUND TELESTORM SEWEREDGE OF WOODSTELE PEDESTALTELEC HANDHOLEEHSHEET 1 OF 2 SHEETSGUARD POSTGROUND ACCESS COVERTHTELE HANDHOLE LAKE LUCY ROADC.S.A.H. NO. 17 POWERS BLVD.CHRISTMASLAKELAKELUCYOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHEGASGASGASGASGASGASGASGASFOCFOCUGTUGTUGTUGTUGTUGTUGT UGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGT UGT UGT UGT UGT UGTUGTUGTUGTUGTUGTUGEUGEUGE UGE UGE UGE UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGTU G E UGE UGEUGEUGEUGEUGEUGTUGTUGTUGTUGTUGTUGT UGT U G T UGEUGEUGEUGELAKE LUCY ROADWWHYDWT TEEHE THCOUNTY STATE AID HIGHWAY NO. 17(POWERS BOULEVARD)LAKE LUCY ROAD7PID=258700061CITY OF CHANHASSEN10 4 5 1043 1046 1047 104 8 10 5 11051105 1 1049105010501 0 4 9 1 0 4 810461045 10471048104910481 0 4 7 1046 1045 1044 1043 1042 1041 1045 1040 1035 1037 1043 1008 100610091010101110081010101110201014 10201025102310131010 NORTHVICINITY MAP1"=600'EXISTINGTOWERSITEMINC EULERCarver County, MN0494A2278.000No.DateREVISIONSByCHKAPP'DSMKJPB/JMBFIELD WORK: 5/18/17CHECKED BY:DRAWN BY:0SCALE ( IN FEET )3060© 2017 WIDSETH SMITH NOLTINGLEGENDHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"SITE NAME: NORTHSURVEYOR NOTES:ORIENTATION OF THIS BEARING SYSTEM ISBASED ON THE CARVER COUNTY COORDINATESYSTEM NAD83 (1986)DESIGNBOUNDARY LINERIGHT OF WAY LINE= DENOTES A FOUND SECTION CORNERMONUMENTSECTION LINEQUARTER LINESIXTEENTH LINESITE SURVEYI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.PRELIMINARYWIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalFOCUNDERGROUND FIBERCHAIN LINK FENCE= DENOTES A FOUND IRON MONUMENTUGEUNDERGROUND ELECTRICOHEOVERHEAD ELECTRICGRIDNORTHGEODETICNORTHMAGNETICNORTHESIGN-SINGLE POSTFENCE POSTGUY ANCHORELECTRIC POLEELECTRIC METERBUILDING WALL HATCHCONCRETE SURFACEGRAVEL SURFACELOT LINEGASUGTUNDERGROUND TELEUNDERGROUND GASSTORM SEWEREDGE OF WOODSTELE PEDESTALTWATER VALVEWATER HYDRANTELEC LIGHT POLEHYD WELEC TRANSFORMER BOXTREE DECIDUOUSELEC HANDHOLEEHSHEET 2 OF 2 SHEETSGUARD POSTGROUND ACCESS COVEREASEMENT LINETHTELE HANDHOLE 9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINHILBERTHAZELTINE BOULEVARDCHANHASSEN MN 5531720171566548LOC. CODE: 443891 WWW.DESIGN1EP.COMREV. A08/31/17MS08.31.17MW, BLE N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4SHEET CONTENTS:STRUCTURAL #171178REV. B10/02/17S0GENERAL STRUCTURAL NOTES CABINET #1 CABINET #2 CABINET #3 CABINET #4 (2,500 LBS) (2,500 LBS) (2,500 LBS)(2,500 LBS) (3,000LBS) (3,000LBS) (3,000LBS) (3,000LBS) (3,000LBS)EXISTINGCONCRETE WATERTOWER PEDESTALEXISTINGEQUIPMENTCABINETS(BY OTHERS)EXISTINGHOIST BEAMEXISTINGUTILITY EQUIPMENT(BY OTHERS)PROPOSEDEQUIPMENTCABINETSLESSEEEQUIPMENTSPACEEXISTINGACCESS HATCHEXISTINGEQUIPMENTCABINETS(BY OTHERS)EXISTINGCONCRETEFLOORREF. NOTE #1PLATFORM #2PROPOSED 4" DIA. CABLEPENETRATIONSPROPOSED EQUIPMENT CABINET(BEYOND)PROPOSED HYBRID CABLE(INSIDE WATER TOWER) FOLLOWEXISTING CABLE ROUTEPROPOSED ELECT'L ROUTEPROPOSED ANTENNAS AND SHROUDEXISTING HATCHEXISTING VERTICAL LADDER W/PLATFORMS (BEYOND)PLATFORM #2EXISTING O.H. DOOREXISTING TANK BOWLEXISTING ACCESS TUBE(BEYOND)EXISTING H-FRAMEBOTTOM OF WATERSTRUCTURE1052.9' AMSL/110.6' AGLANTENNA TIP HEIGHT1051.3' AMSL/109.0' AGLANTENNA CENTERLINEHEIGHT1047.3' AMSL/105.0' AGLGRADE @ WATER TOWER1042.3' AMSL/0'-0" AGL2S19973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINHILBERTHAZELTINE BOULEVARDCHANHASSEN MN 5531720171566548LOC. CODE: 443891 WWW.DESIGN1EP.COMREV. A08/31/17MS08.31.17MW, BLE N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4SHEET CONTENTS:STRUCTURAL #171178REV. B10/02/17S1EQUIPMENT ROOM PLANSCALE:2S1EQUIPMENT ROOM PLAN3/16" = 1'-0"NOTES:1.EQUIPMENT CABINETS TO BE INSTALLED ON VZW FURNISHED BASE BYCABINET MANUFACTURER. SECURE TO SLAB W/ (4) (GALV.) 5/8" Ø HILTI HLCSLEEVE ANCHORS (EMBED = 2").SCALE:1S1SOUTH ELEVATION1" = 30'-0" 3S32S31S3COAX CABLE,REF. DETAIL 4/S3FOR MOUNTINGINFORMATION9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINHILBERTHAZELTINE BOULEVARDCHANHASSEN MN 5531720171566548LOC. CODE: 443891 WWW.DESIGN1EP.COMREV. A08/31/17MS08.31.17MW, BLE N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4SHEET CONTENTS:STRUCTURAL #171178REV. B10/02/17S2ANTENNA MOUNTING PLANSCALE:1S2ANTENNA MOUNTING PLAN3/16" = 1'-0" NOTES:1.FIELD VERIFY ALL EXIST. CONDITIONS.2.ALL ATTACHMENTS TO PAINTED SURFACES ARE TO INCLUDE THE PLACEMENT OFNEOPRENE STRIPS BETWEEN HARDWARE AND POINTS OF CONTACT TOREDUCE/ELIMINATE DAMAGE TO THE PAINTED SURFACE. METAL SHIMS AREREQUIRED IN SITUATIONS WHERE TIGHTENING A CLAMP MAY CAUSE THENEOPRENE TO TEAR CAUSING METAL TO METAL CONTACT. WHERE POSSIBLE,EXPOSED NEOPRENE SHOULD BE WRAPPED WITH WHITE TAPE. FASTENINGSEQUENCE SHOULD INCLUDE NYLON WASHERS BETWEEN THE PAINTED SURFACEAND THE GALVANIZED WASHER.3.PROPOSED ANTENNAS, MOUNTING PIPES, ASSOCIATED BRACKETS AND MOUNTSINSTALLED ON THE EXTERIOR OF THE WATER TOWER SHALL BE SHOP PAINTED TOMATCH THE COLOR OF THE WATER TOWER (VERIFY COLOR).4.PROPOSED MOUNTING PIPES ARE TO HAVE WELDED OR RUBBER END CAPS.5.ALL EXPOSED JUMPERS AND CABLES ARE TO BE TAPED TO MATCH THE COLOR OFTHE WATER TOWER.6.ALL MOUNTING HARDWARE IS TO BE GALVANIZED AND/OR PROVIDED IN ANON-CORRODING MATERIAL.7.DRILLING HOLES IN EXISTING RAILING IS NOT ACCEPTABLE.8.ALL ABANDONED ANTENNAS, COAXIAL CABLE AND DETACHABLE EQUIPMENT THATIS NO LONGER USED ARE TO BE REMOVED DURING THE FINAL MIGRATION.9.VERIZON WILL BE RESPONSIBLE FOR ANY AREAS OF THE THE WATER TOWERDAMAGED FROM THE ASSOCIATED STUD WELDS, HANDRAIL MODIFICATIONS ANDINSTALLATIONS. DAMAGED AREAS ARE TO BE REPAIRED IN ACCORDANCE WITH THECITY REQUIREMENTS, AS APPLICABLE TO THE NECESSARY REPAIR AND IN ATIMEFRAME ACCEPTABLE TO THE CITY.10.ALL EQUIPMENT IS TO BE IDENTIFIED BY THE TENANT. SECTOR 'Z' 220° AZIMUTH#1#2TYP.PROPOSED (2)RRU'S MOUNTEDTO GALV. STEELPIPE (REF. ARCH)PROPOSED (2)ANTENNASMOUNTED TO GALV.STEEL PIPE (TYP.)PROPOSED (1) DIST.BOX (REF. ARCH.)PROPOSED GALV.STEEL 'Z' BRACKET(TYP.) SEE DETAIL 2/S44'-0"(TYP.)3S4#1#2TYP.SECT O R ' Y ' 1 0 0 ° A Z I M U T H PROPOSED (1) DIST.BOX (REF. ARCH.)PROPOSED (2)ANTENNAS MOUNTED TOGALV. STEEL PIPE (TYP.)4'-0" (TYP.)PROPOSED (2)RRU'S MOUNTEDTO GALV. STEELPIPE (REF. ARCH)PROPOSED GALV.STEEL 'Z' BRACKET(TYP.) SEE DETAIL 2/S4S41PROPOSED (2)RRU'S MOUNTEDTO GALV. STEELPIPE (REF. ARCH)PROPOSED (1) DIST.BOX (REF. ARCH.)PROPOSED (2)ANTENNAS MOUNTED TOGALV. STEEL PIPE (TYP.)#1#2SECTOR 'X' 340° AZIMUTH4'-0"(TYP.)PROPOSED GALV.STEEL 'Z' BRACKET(TYP.) SEE DETAIL 2/S45S3TYP.TYP.4S3EXIST. WALLPROPOSED 1 5/8"x1'-6" ±12 GAUGE GALV.UNISTRUT @ 4'-0" O.C.W/ (2) 3/8" Ø THREADEDRODS, DRILL AND EPOXYHILTI HY 200 (EMBED = 4")INTERIOR3'-6"TYP.INTERIOREXIST. CONC. WALL2 1/2" Ø SCHED. 40 PIPEx6'-0"PROPOSEDDISTRIBUTION BOXMOUNTED TO GALV.STEEL PIPEPROPOSED WALLMOUNTING BRACKETSYSTEM(SEE DETAIL 2/S4)RUBBER END CAPTOP AND BOTT.(SEE ARCH.)2S45"9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINHILBERTHAZELTINE BOULEVARDCHANHASSEN MN 5531720171566548LOC. CODE: 443891 WWW.DESIGN1EP.COMREV. A08/31/17MS08.31.17MW, BLE N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4SHEET CONTENTS:STRUCTURAL #171178REV. B10/02/17S3SCALE:1S3SECTOR 'Z' PLAN1/4" = 1'-0"SCALE:2S3SECTOR 'Y' PLAN1/4" = 1'-0"SCALE:3S3SECTOR 'X' PLAN1/4" = 1'-0"SCALE:4S3CABLE MOUNTING DETAIL1/4" = 1'-0"SCALE:5S3EQUIPMENT MOUNTING DETAIL1/4" = 1'-0"SECTOR PLANSAND DETAILS 3'-6"TYP.2S4EXIST. 10" CONC. WALL(FIELD VERIFY)2 1/2" Ø SCHED. 40 PIPEx6'-0"PROPOSEDRRURUBBER END CAPTOP AND BOTT.(SEE ARCH.)5/8" Ø U-BOLTS,TYP.5"INTERIORPIPE PENETRATIONS(REF. ARCH.)EXIST. 10" CONC. WALL(FIELD VERIFY)2 1/2" Ø SCHED. 40PIPEx10'-0"RUBBER END CAPTOP AND BOTT.(SEE ARCH.)(2) 5/8" ØU-BOLTS, TYP.W8x24x0'-9"(GAGE 4")PROPOSEDCABLE SHROUD(REF. ARCH.)REF. 1/S4 FOR ALLOTHER EQUIPMENTATTACHMENTSINTERIORPL. 1/2"x6 1/2"x0'-9" W/5/8" Ø THRU-BOLTS112"6"112"114"4"114"PROPOSEDANTENNA(REF. ARCH.)(4) 11/16" ØHOLES4"358"AAA-A(4) 11/16" ØHOLESCENTEREDON BEAMPIPE PENETRATIONS(REF. ARCH.)5"EXIST. WALLL4x4x3/8x0'-6"L4x4x3/8x0'-6"1/42 1/2" SCHED.40 PIPES1"4"1"1316"358"1316"5/8" Ø U-BOLTS,TYP.9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINHILBERTHAZELTINE BOULEVARDCHANHASSEN MN 5531720171566548LOC. CODE: 443891 WWW.DESIGN1EP.COMREV. A08/31/17MS08.31.17MW, BLE N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4SHEET CONTENTS:STRUCTURAL #171178REV. B10/02/17S4SCALE:1S4EQUIPMENT MOUNTING DETAIL1/4" = 1'-0"DETAILSSCALE:3S4ANTENNA MOUNTING DETAIL1/4" = 1'-0"SCALE:2S4TYPICAL Z-BRACKET DETAIL1/4" = 1'-0" PROPERTY DESCRIPTION: SCHEDULE “B” EXCEPTIONS: SHEET 1 OF 2 SHEETSCarver County, MN No.DateREVISIONSByCHKAPP'DSMKJMBFIELD WORK: 5/18/17 CHECKED BY:DRAWN BY:SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.DESIGN0494A2279.0002017 WIDSETH SMITH NOLTINGHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalPRELIMINARYMINC HILBERTSITE SURVEY STA T E T R U N K H I G H W A Y N O . 4 1 LAKELUCYUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE10351040104210421 0 4 2FOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOC FOC FO C FOCFOCFOCFOCFOCFOCFOC FOC FOC FOC FOCFOCFOCHYD T ET T T THTHTHWWHYD WEUGEUGEUGEUGE10501055 10601047104810491051105210531054 1056 1057 1058 1059 1061 1051 105210531054105310521051105010491048104710461045104410431042104510351035 1035103510451050105010451040103510301035104010421042104210411040103810371038 103810381036104410421051 1052104810471048104310401035 10 5 2 PID= 250033000IND. SCHOOL DISTRICT 276STATE TRUNK HIGHWAY NO. 41 1055 1053 1054 1060 1058 1059 1061 1025 102310241021SEE DETAILOHE 103010401045FOCFOCFOCFOCFOCFOCHYDTSSTETTTACHYDSTTHTHTHWWHYDWE LEGENDELEC POLE0SCALE ( IN FEET )60120NORTH GRIDNORTHGEODETICNORTHVICINITY MAPNORTH MAGNETICNORTHTELE PEDESTALTUGEUNDERGROUND ELECTRIC1" = 600'= DENOTES A FOUND SECTION CORNER MONUMENTCHAIN LINK FENCEWATERMAINEDGE OF WOODSHYDRANTTREE DECIDUOUSGUARD POSTELEC METEREOHEOVERHEAD ELECTRICTREE CONIFEREXISTINGWATER TOWERSITEDETAILNORTH1" = 10'SURVEYOR NOTES:ORIENTATION OF THIS BEARING SYSTEM ISBASED ON THE CARVER COUNTYCOORDINATE SYSTEM NAD83 (1986)STORM SEWERSANITARY SEWERCONTROLLED ACCESSHYDSTSAC CATCH BASINSTORM MANHOLESANITARY MANHOLEGUY ANCHORAC UNITSECTION LINEQUARTER SECTION LINESIXTEENTH SECTION LINEBOUNDARY LINELOT LINERIGHT OF WAY LINEEASEMENT LINELEASE AREABUILDING WALL HATCHCONCRETE SURFACESHEET 2 OF 2 SHEETSCarver County, MN No.DateREVISIONSByCHKAPP'DSMKJMBFIELD WORK: 5/18/17 CHECKED BY:DRAWN BY:SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.DESIGN0494A2279.000© 2017 WIDSETH SMITH NOLTINGHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalPRELIMINARYMINC HILBERTSITE SURVEYFOCUNDERGROUND FIBERTHTELE HANDHOLEWWATER VALVE 9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINARBORETUMWATER TOWER PLACECHANHASSEN MN 5531720141038061LOC. CODE: 290966WWW.DESIGN1EP.COMREV. A11-09-17MS11-09-07BLSHEET CONTENTS:STRUCTURAL #171198E N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4S0GENERAL STRUCTURAL NOTES SECTOR 'X' 300° AZIMUTH EXISTING GUARD RAILTO REMAIN - CONTRACTORTO PROVIDE (1) OPENINGS30" WIDE VERIFY LOCATIONEXISTINGHATCH#1 #2 SECTOR 'Y' 60° AZIMUTH#1#2SECTOR 'Z' 180° AZIMUTH#1#2PROPOSEDCABLESON STEELSTANDOFFS4'-0"CLR. (TYP.)PROPOSED (2) DIST. BOXMOUNTED TO VERT. PIPE(TYP. EA. SECTOR)(REF. ARCH.)PROPOSED (2) RRU'SMOUNTED TO GALV.STEEL PIPE(TYP. EA. SECTOR)(REF. ARCH.)(E) RELOCATEDEQUIPMENT BYOTHERS5S23S22S2PROPOSED (2)ANTENNASMOUNTED TOGALV. STEEL PIPE(TYP. EA. SECTOR)(REF. ARCH.)(3 LOCATIONS)(TYP. 24LOCATIONS)R15'-0"1S2(3 LOCATIONS)PROPOSEDCABLE FEEDSPROPOSEDSHELTER(REF. ARCH.)EXISTING ANTENNASAND EQUIPMENT TOBE RELOCATED(BY OTHERS)PROPOSEDANTENNAS ANDEQUIPMENT(REF. 2/S1)EXISTINGWATER TOWERREF. ARCH. FORADDITIONAL INFO.EXISTINGSHELTERTOP OF TANK1133.4' AMSL/115.3' AGLAPPURTENANCE HEIGHT1155.2' AMSL/ 137.1' AGL2S1TALLESTGRADE AT TOWER1018.1' AMSL/0.0' AGLREF. 1/S3 FOR (2)NEW PENETRATIONS.REF. ARCH. FOREXACT LOCATIONSREF. 2/S3 FOR VERTICALCABLE SUPPORT (REF.ARCH. FOR LOCATIONS)9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINARBORETUMWATER TOWER PLACECHANHASSEN MN 5531720141038061LOC. CODE: 290966WWW.DESIGN1EP.COMREV. A11-09-17MS11-09-07BLSHEET CONTENTS:STRUCTURAL #171198E N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4S12S1PROPOSED MOUNTING PLAN3/16" =1'-0" NOTES:1.FIELD VERIFY ALL EXIST. CONDITIONS.2.ALL ATTACHMENTS TO PAINTED SURFACES ARE TOINCLUDE THE PLACEMENT OF NEOPRENE STRIPSBETWEEN HARDWARE AND POINTS OF CONTACT TOREDUCE/ELIMINATE DAMAGE TO THE PAINTED SURFACE.METAL SHIMS ARE REQUIRED IN SITUATIONS WHERETIGHTENING A CLAMP MAY CAUSE THE NEOPRENE TOTEAR CAUSING METAL TO METAL CONTACT. WHEREPOSSIBLE, EXPOSED NEOPRENE SHOULD BE WRAPPEDWITH WHITE TAPE. FASTENING SEQUENCE SHOULDINCLUDE NYLON WASHERS BETWEEN THE PAINTEDSURFACE AND THE GALVANIZED WASHER.3.PROPOSED MOUNTING PIPES, KICKER BRACES, BRACEDON THE EXTERIOR OF THE WATER TOWER SHALL BEGALVANIZED.4.PROPOSED MOUNTING PIPES ARE TO HAVE WELDED ENDCAPS. EXISTING MOUNTING PIPES NOT CAPPED ARE TOBE CAPPED AT BOTH ENDS WITH RUBBER CAPS.5.ALL EXPOSED JUMPERS AND CABLES ARE TO BEPROVIDED WITH MANUFACTURED WHITE JACKETING ORTAPED REF. ARCH. FOR CORRECT COLOR.6.ALL MOUNTING HARDWARE IS TO BE GALVANIZED AND/ORPROVIDED IN A NON-CORRODING MATERIAL.7.ANTENNA FEED LINES, JUMPERS, COAX AND HYBRIDCABLE SHALL NOT INTERFERE WITH TOP OF THEHANDRAIL AND MUST BE ROUTED SO THAT THEY COMPLYWITH OSHA REQUIREMENTS REGARDING HANDRAILS.8.DRILLING HOLES IN EXISTING RAILING IS NOTACCEPTABLE.9.ALL ABANDONED ANTENNAS, COAXIAL CABLE ANDDETACHABLE EQUIPMENT THAT IS NO LONGER USED ARETO BE REMOVED DURING THE FINAL MIGRATION.10.L CAPACITOR DISCHARGE STUDS TO BE INSTALLED PERMANUFACTURER'S RECOMMENDATIONS. EDGES OF BASEPLATES SHALL BE SEALED WITH SILICON CAULKING.CONTRACTOR TO SCHEDULE STUD WELDING INTERIORINSPECTION WITH SEH UPON COMPLETION OF STUDWELD INSTALLATION. TENANT WILL BE RESPONSIBLE FORANY AREAS OF THE WATER TOWER DAMAGED FROM THEASSOCIATED STUDS WELDS AND INSTALLATIONS.DAMAGED AREAS ARE TO BE REPAIRED IN ACCORDANCEWITH THE CITY REQUIREMENTS AS APPLICABLE TO THENECESSARY REPAIR AND IN A TIMEFRAME ACCEPTABLETO THE CITY.11.ALL EQUIPMENT IS TO BE IDENTIFIED BY THE TENANT.12.THE INSTALLATION OF NEW EQUIPMENT WILL BE PLACEDBEHIND THE ANTENNAS AND IN A MANNER THATMAINTAINS THE HANDRAIL'S COMPLIANCE WITH CURRENTOSHA GUIDELINES FOR ACCESS.1S1ELEVATION1" = 30'-0"ELEVATION AND PROPOSEDMOUNTING PLAN F.O. EXISTING STEELTOWERPROPOSED (2)DISTRIBUTION BOXW/ MOUNTING BRACKET(SEE ARCH.)S243" DIA. SCH. 40x3'-6"HANDRAIL POSTSPROPOSED GALV. STEELCROSSOVER CLAMPS -MFR. SITEPRO 1(MODEL (#SSCK)PROPOSED NEOPRENECAP (TOP AND BOT.)(SEE ARCH.)PROPOSED ANTENNA W/MOUNTING BRACKET(BY MFR) (SEE ARCH.)3" DIA. SCHED. 40 x10'-0"ANTENNA PIPE, SEE PLANFOR LOCATIONSREF. 4/S2 FORSUPPORT ANGLEL 6x4x5/16 (LLH)x12" LGAT EA. VERT. POSTCURVE AS REQUIRED1/2"NEW POSTSEE PLANC OF POSTL1"BENT TOE PLATE 5/16x3 1/2"BTWN L'S SEE PLAN5/16CENTEREDAT EA. POST5/16 TYP.1/4PLATE TOL TYP.SITE PRO1 MM01 BRACKET AT 4'-0" O.C. FIELD DRILLHOLES IN DIAMOND FORMATION FOR 3/8" ØTHREADED CARBON STEEL STUDS W/ OVERSIZEDWASHERS. CAPACITOR DISCHARGE WELDED TOWATER TANK. INSTALL STUDS IN ACCORDANCE W/MANUF. SPECS. SEAL AROUND ATTACHMENT PLATEAND HOLES W/ SIKAFLEX A1 SEALANT OR APPROVEDEQUAL (REPAIR PAINT PER ARCH. PAINT SPEC.)PIPING ANDATTACHMENTS, SEE ARCH.3" DIA. SCHED. 40 x10'-0"ANTENNA PIPE, SEE PLANFOR LOCATIONSPROPOSED RRU'SMOUNTED W/ GALV.STEEL MOUNT SYSTEM(SEE ARCH.)F.O. EXISTING STEELTOWERS24REF. 1/S2 FOR ALLOTHER INFORMATION3'-6" EQUALEQUAL EXIST. WATER TANK5/16"x3 1/2"TOE PLATE1/2"4S29973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINARBORETUMWATER TOWER PLACECHANHASSEN MN 5531720141038061LOC. CODE: 290966WWW.DESIGN1EP.COMREV. A11-09-17MS11-09-07BLSHEET CONTENTS:STRUCTURAL #171198E N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4S2DETAILS1S2EQUIPMENT MOUNTING DETAILSCALE: NO SCALE2S2ANTENNA MOUNTING DETAILSCALE: NO SCALE4S2SUPPORT CONNECTIONSCALE: NO SCALE5S2CABLE MOUNTING DETAILSCALE: NO SCALE3S2SECTIONSCALE: NO SCALE 3"3"1/4TYP(2) PROP. 6" SCH.80x1'-0" LONG PIPE(BLACK STEEL)CHAMFER EDGES OFSTIFFENER PLATES,TYP. TOP AND BOTTOM(3) PROP. 3/8"x2 1/2"x2'-0"LONG STIFFENER PLATEAA1'-0"6"INTERIOREXTERIORA-APROPOSED 3/8"x2 1/2"x2'-0"LONG STIFFENER PLATEEXIST. WATER TOWERPROPOSED 6" SCH. 80PIPE TYP. (2) LOCATIONS(FIELD VERIFY LOCATION)CONTRACTORSHALL INSTALL 6"WATERPROOFBOOT AS NEEDED3/8SLEEVE PENETRATION INSTALLATION PROCESS:1.REDUCE TANK CONTENTS BY 50% OR MOREBEFORE CUTTING SHELL FOR PENETRATION.2.WELD STIFFENER PLATE IN PLACE BEFOREANY PENETRATION WORK IS DONE.3.CONTRACTOR TO CHAMBER ALL CUT EDGESON TANK SHELL AFTER CUTTING.4.CONTRACTOR TO WELD PIPE SLEEVE ASSHOWN.NOTE:1.CONTRACTOR TO INSTALL NEW TANKPENETRATION AND STIFFENER PLATES, FIELDVERIFY LOCATION AND ELEVATION ACCORDINGLY.2.PROPOSED TANK PENETRATION AND STIFFENERPLATES SHALL BE HOT DIPPED GALVANIZED(RECOMMENDED) (FIELD PRIMED AND PAINTED TOMATCH EXISTING WATER TOWER), U.N.O.NOTE:FOR THE PROPOSED BASECONE PENETRATIONS MAINTAINA MIN. DISTANCE OF 6" FROMEXISTING WELD SEAMS (TYP.)TYP. IN& OUTVERTICAL SUPPORT SIDE VIEWPROPOSED VERTICALCABLE ROUTEPROPOSED STACKABLESNAP-IN HANGERS SITEPRO 1 PART # 158SS-A ORSIM.PROPOSED GALVANIZED3/8" ANGLE ADAPTERSITE PRO 1 PART #GAP38 OR SIM.NEW L6x4x5/16x1'-0"(LLV), (USE EXISTINGIF AVAILABLE) SPACEMAXIMUM 8'-0" O.C.EXISTING WATERTANK FLUTE2-83/169973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGN10801 BUSH LAKE ROADBLOOMINGTON, MN 55438(612) 720-0052PROJECT DRAWN BY:DATE:CHECKED BY:MINARBORETUMWATER TOWER PLACECHANHASSEN MN 5531720141038061LOC. CODE: 290966WWW.DESIGN1EP.COMREV. A11-09-17MS11-09-07BLSHEET CONTENTS:STRUCTURAL #171198E N G I N E E R I N G L L CH E R Z O G5 3 0 N o r t h 3 r d S t r e e t , S u i t e 2 3 0M i n n e a p o l i s , M N 5 5 4 0 1( 6 1 2 ) 8 4 4 - 1 2 3 4S3DETAILS1S3PROPOSED PENETRATION AT EXIST. WATER TOWER WALL DETAILSCALE: NO SCALESCALE:2S3VERTICAL CABLE SUPPORTATTACHMENT DETAILNO SCALE MINC ARBORETUMCarver County, MN No.DateREVISIONSByCHKAPP'DSMKJMBFIELD WORK: 9/27/16 CHECKED BY:DRAWN BY:SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.SITE SURVEYDESIGN0494A2089.000© 2017 WIDSETH SMITH NOLTINGHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalPRELIMINARYTOWER PROPERTY DESCRIPTION: 6&+('8/(³%´(;&(37,216ACCESS PARCEL NO. 1 PROPERTY DESCRIPTION: 6&+('8/(³%´(;&(37,216 ACCESS PARCEL NO. 2 PROPERTY DESCRIPTION: 6&+('8/(³%´(;&(37,216 SHEET 1 OF 2 SHEETSACCESS PARCEL NO. 3 PROPERTY DESCRIPTION: 6&+('8/(³%´(;&(37,216 STATE TRUNK HIGHWAY NO. 5STATE TRUNK HIGHWAY NO. 41 UGEFOCUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGTUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEGASGAS THWWTTTTWHYDWWHYDTSTWHYDWWTTHWWWWWWHYDEEGTSTATE TRUNK HIGHWAY NO. 41OUTLOT A21BLOCK 2PID= 25.0750070CITY OF CHANHASSENWATER TOWER PLACESEE DETAIL10031010100710121011101310101014101110111011101110111014101410121013 10151 0 1 6 1017101810201018101710201019101710181020 101710181015 10181019 UGTUGTUGTUGTUGTUGTUGTUGTUGTUGCUGCU G CUGCUGTUGTUGTUGT UGTUGTUGCUGC UGEUGEU G E U G E UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEGASGASGASGASGASWTHWWWWWWHYD EEGTOUTLOT A2BLOCK 2PID= 25.0750070CITY OF CHANHASSEN101510 1 6 10171018102010181 0 1 7 1020101910171018 102010171 0 1 5 1019LEGEND= DENOTES A FOUND SECTION CORNERMONUMENTORIENTATION OF THIS BEARING SYSTEM ISBASED ON THE CARVER COUNTYCOORDINATE SYSTEM NAD83 (1986)RIGHT OF WAY LINEMINC ARBORETUMCarver County, MN No.DateREVISIONSByCHKAPP'DSMKJMBFIELD WORK: 9/27/16 CHECKED BY:DRAWN BY:SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.SITE SURVEYDESIGN0SCALE ( IN FEET )50100BOUNDARY LINE0494A2089.000HALF SCALE ON 11"x17"FULL SCALE ON 22"x34"PRELIMINARYVICINITY MAP1"=600'QUARTER LINESECTION LINE= DENOTES A FOUND IRON MONUMENTEELECTRIC METERTREE DECIDUOUSBUILDING WALL HATCHUGEUNDERGROUND ELECTRICCONCRETE SURFACESURVEYOR NOTES:GUARD POSTLOT LINENORTH NORTH EXISTINGWATERTOWERSITEGASUNDERGROUND GASCHAIN LINK FENCETTELEPHONE PEDESTALTELE HANDHOLETHDETAILNORTH TREE CONIFERSHRUBEDGE OF WOODSELEC POLE0SCALE ( IN FEET )2040SIXTEENTH LINEGRIDNORTHGEODETICNORTHMAGNETICNORTHGAS METERGWATER VALVEWATER HYDRANTWATER MANHOLEWHYD WEASEMENT LINEPARCEL LINEUGCUNDERGROUND CABLEWATERMAINSIGNCATCH BASINSTSTORM MANHOLE© 2017 WIDSETH SMITH NOLTINGWIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalSHEET 2 OF 2 SHEETS MINArboretum Chanhassen 3938987v1 1 Tenant Site I.D. #: MIN Arboretum Landlord’s Site Name: Arboretum Water Tower Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless COMMUNICATION SITE LEASE AGREEMENT by and between CITY OF CHANHASSEN and VERIZON WIRELESS (VAW) LLC d/b/a VERIZON WIRELESS Dated: _______________, 20___ THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 MINArboretum Chanhassen 3938987v1 2 Tenant Site I.D. #: MIN Arboretum Landlord’s Site Name: Arboretum Water Tower Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless COMMUNICATION SITE LEASE AGREEMENT This Communication Site Lease Agreement (“Lease”) is entered into and is effective as of the _____ day of _____________, 20___, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Landlord”), whose address is P.O. Box 147, Chanhassen, Minnesota 55317, and VERIZON WIRELESS (VAW) LLC, a Delaware limited liability company, d/b/a VERIZON WIRELESS (“Tenant”), with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920. Recitals WHEREAS, the Landlord is the owner of certain property located at 2953 Water Tower Place, Chanhassen, Minnesota, 55317, known as “Water Tower Place”, as legally described in Exhibit “A” attached hereto and made a part hereof and shown on the “Site Plan” of the Property attached hereto as Exhibit “B” (“Site Plan”) (the “Property”); and WHEREAS, Tenant has requested that the Landlord lease space on the Landlord’s water tower located on the Property (“Water Tower”) for “Tenant’s Antennas,” “Coaxial Cables,” “Hybrid Coaxial Cables,” “RRUs,” and “Sector Boxes” as shown on the Plans and Specifications hereinafter defined, all jointly hereinafter referred to as “Tower Equipment”, a 21 foot by 31 foot space adjacent to the Water Tower, as shown on and legally described in the Site Plan, hereinafter referred to as the “Leased Premises” for Tenant’s “Shelter” and related equipment as shown on the Plans and Specifications, hereinafter referred to as “Ground Equipment” subject to all existing easements, together with appurtenant non-exclusive easements for access, utilities and fiber on, MINArboretum Chanhassen 3938987v1 3 over and under the Property, in order to install, use, operate, repair, and maintain Tenant’s Communication Facility, as hereinafter defined; and WHEREAS, the Landlord agrees to lease to the Tenant space on the Water Tower for Tenant’s Tower Equipment, the Leased Premises, and also grant to the Tenant a right of entry over the Property for ingress and egress to the Water Tower, Leased Premises and non-exclusive easements over the Property for Tenant’s Coaxial Cables and Utilities, all as shown in the Plans and Specifications, subject to the terms, covenants and conditions of this Lease. NOW THEREFORE, for One Dollar ($1.00) and other good and valuable consideration, the parties agree as follows: 1. PROPERTY AND PREMISES. Subject to the following terms, covenants and conditions, Landlord leases to Tenant, (i) space on the Water Tower for Tenant’s Tower Equipment as shown on the Plans and Specifications prepared by _________________ ____________________ dated ____________________, 20___ and last revised on the _____ day of _____________, 20___, attached hereto as Exhibit “C” (“Plans and Specifications”), (ii) the Leased Premises for Tenant’s Ground Equipment, the Tenant’s Tower Equipment and the Leased Premises are hereinafter referred to jointly as the “Tenant’s Leased Premises”, and (iii) appurtenant non-exclusive easements as legally described on Exhibit “A” and shown on the Site Plan for (a) access on, over and under the Property (“Access Easement”), and (b) Tenant’s Utilities (“Utility Easements”). The primary purpose of Landlord's ownership of the Property is to operate and maintain a water tower for the residents of Chanhassen and to provide, operate and maintain communication systems for the Landlord’s Fire, Police, Emergency Medical, Public Works and Parks Department needs. MINArboretum Chanhassen 3938987v1 4 2. TERM. The initial term of this Lease shall be five (5) years (“Initial Term”), commencing on ___________________________, 20____ (the “Commencement Date”). Tenant shall have the right to extend this Lease for four (4) additional five (5) year terms ("Renewal Term"). The Renewal Terms of this Lease shall be on the same terms and conditions as set forth herein except for rental adjustments as provided in Paragraph 3, Rent, below. This Lease shall be automatically renewed for each of the Renewal Terms unless Tenant gives Landlord written notice of Tenant’s intention not to renew this Lease at least ninety (90) days prior to the expiration of the Initial Term or any applicable Renewal Term. 3. RENT. a. Tenant shall pay Landlord, as rent, the following sums at the time stated herein ("Rent")": Based on Tenant's initial installation of the Tenant’s Tower Equipment and Ground Equipment, the Landlord leasing to Tenant, (i) space on the Water Tower for the Tenant’s Tower Equipment and Ground Equipment, and (ii) the Leased Premises, monthly rent of Two Thousand Three Hundred and No/100 Dollars ($2,300.00). The Rent shall be paid monthly in advance, with the first such monthly payment (prorated for any partial calendar month) due and payable within sixty (60) days of the Commencement Date. b. The Rent shall be increased each year on the anniversary of the Commencement Date by two percent (2%). c. If this Lease is terminated according to the terms of this Lease and Tenant has prepaid the Rent, the Tenant shall be entitled to a refund on a prorated, based on a thirty day month, as of the date of termination, if the termination of the Lease is for any reason other than nonpayment of Rent, or Tenant's default, provided that Tenant has removed all of Tenant’s Communication Facilities, as required by the terms of this Lease. MINArboretum Chanhassen 3938987v1 5 d. In addition to Rent, Tenant agrees to timely pay its pro rata share of any real estate taxes based on the Tenant’s Leased Premises or personal property taxes in lieu of real estate taxes, required by any governmental body having jurisdiction over the Property, as a result of this Lease, provided Tenant receives written notice of the applicable taxes. Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which Tenant is wholly or partly responsible for payment. Landlord shall reasonably cooperate with Tenant at Tenant’s expense in filing, prosecuting, and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including, but not limited to, executing any consent, appeal or other similar document. If as a result of any appeal or challenge by Tenant, there is a reduction, credit or repayment received by the Landlord for any taxes previously paid by Tenant, Landlord agrees to promptly reimburse to Tenant the amount of that reduction, credit or repayment. If Tenant does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this Section, Landlord will pursue that dispute at Tenant’s sole cost and expense upon written request of Tenant. e. Tenant shall pay Landlord within sixty (60) days of receipt of an itemized invoice, the following if not already paid by Tenant: (i) all actual engineering fees incurred by Landlord related to Plan Review and Structural Review (if any); and (ii) all building and permit fees (if any); and (iii) all actual attorneys’ fees including, but not limited to Lease preparation and negotiation; and (iv) other actual costs and expenses associated with any required interference studies ("Landlord's Administrative Fees"). f. Tenant shall pay a late fee of One Hundred Dollars ($100.00) if the Rent is not paid within fifteen (15) days of receipt of Landlord's written notice of the missed payment . MINArboretum Chanhassen 3938987v1 6 4. GOVERNMENTAL APPROVAL CONTINGENCY. a. Approvals. Tenant's right to use the Water Tower for Tenant’s Tower Equipment, the Leased Premises, the Utility Easements and Access Easement as provided in this Lease is expressly made contingent upon (i) Tenant’s obtaining at Tenant’s sole cost and expense all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority for Tenant’s use of the Leased Premises and Tenant’s Tower Equipment (individually, a “Governmental Approval” and collectively, the “Governmental Approvals”); (ii) Tenant complying with the terms and conditions of this Lease and the Plans and Specifications; and (iii) the engineering study specified in Subparagraph 4b below to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain all such Governmental Approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. b. Interference. Tenant represents and warrants that Tenant’s Communication Facility, as hereinafter defined, will not interfere with the Landlord’s Police, Fire, Emergency Medical, Public Works and Park’s Communications Systems (“Landlord’s Communication Systems”). If the Landlord experiences interference within Landlord’s Communication Systems and reasonably believes the interference to be from Tenant’s Communication Facility, Tenant shall take immediate steps to correct the interference problem at its cost and expense as provided in Paragraph 6(a) hereof. c. Non-approval. In the event that any Governmental Approval necessary under Subparagraph 4a above is finally rejected or if any permit, license or Governmental Approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by a governmental authority so that Tenant, in its sole discretion, is unable to use the Leased Premises MINArboretum Chanhassen 3938987v1 7 for its intended purposes, Tenant shall have the right to terminate this Lease as provided in Paragraph 10 hereof and be reimbursed for the rent paid if made pursuant to Subparagraph 3a above. Notice of Tenant's exercise of its right to terminate this Lease shall be given to Landlord pursuant to Section 18 hereof. Except as required under Subparagraph 10d below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. d. User Priority. The Landlord and Tenant agree that the following priorities of use, in descending order, shall apply in the event of communication interference, or other uses of the Water Tower or Leased Premises, that conflict with Tenant’s uses, or other users of the Water Tower or the Property, while this Lease is in effect: i. The Landlord’s water storage and distribution needs and the Landlord’s non- commercial communication needs including, but not limited to, Landlord’s Communication Systems. ii. Existing leases on the Water Tower and/or the Property unless there is a material modification of any existing equipment configuration and/or frequency characteristics, in which event all other existing leases shall have priority. iii. Tenant’s Lease. Unless there is a material modification of Tenant’s Communication Facility and/or frequency characteristics in Tenant’s Antennas, in which event all other existing leases shall have priority. This use shall be non- exclusive, and the Landlord specifically reserves the right to allow the Water Tower and the Property to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Water Tower and the Property in the MINArboretum Chanhassen 3938987v1 8 future, provided that they do not interfere with the Tenant’s Communication Facility. iv. New Leases. To the best of Landlord’s ability, Landlord will not knowingly permit other wireless communications carrier Tenants or licensees to, install new equipment on or make any modifications or alterations to equipment on the Property owned or controlled by Landlord, if such modifications or alterations cause interference with Tenant’s operations. 5. PERMITTED USES. a. Subject to the terms of this Lease, the Tenant’s Tower Equipment, the Leased Premises, and the Access Easement and Utility Easements, may be used solely for the following uses: (i) the transmission and reception of wireless telephone and radio communication signals including but not limited to wireless and internet services; and (ii) for the purpose of constructing, installing, repairing, maintaining, removing and operating Tenant’s Communication Facility in accordance with this Lease and in accordance with the transmission and reception of wireless communication signals authorized for use by Tenant by the Federal Communications Commission ("FCC") (the Tenant’s Tower Equipment, Leased Premises, Tenant’s Ground Equipment and/or all of Tenant’s related equipment including, but not limited to, the improvements described in and/or shown on the Plans and Specifications are hereinafter referred to as "Tenant’s Communication Facility"). The use of the Access Easement and Utility Easements are non- exclusive, and Landlord reserves the right to allow the Property to be used by others, provided they do not interfere with Tenant use of Tenant’s Communication Facility. Tenant agrees to and shall comply with all applicable ordinances, statutes and regulations of local, state and federal agencies. MINArboretum Chanhassen 3938987v1 9 b. Tenant, its agents and contractors, are hereby granted the right, at Tenant’s sole cost and expense, to enter upon the Property and conduct such studies as Tenant deems necessary to determine the Property's suitability for Tenant's intended use. These studies may include title reports, surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as Tenant deems necessary or desirable. c. The placement of the Tenant’s Communication Facility and the manner in which the Tenant’s Tower Equipment are installed on the Water Tower shall be subject to prior review and approval by a registered professional structural engineer (“Structural Engineer”) and the Landlord and its agents, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord. Tenant shall provide Landlord with evidence of review and approval by the Structural Engineer. Landlord shall, at all times, use reasonable efforts to provide Tenant ingress, egress, and access to the Water Tower, and Leased Premises, over the Access Easement, subject to the terms of this Lease provided, however, Landlord shall not be required to remove snow from the Access Easement. Tenant will not allow any mechanics' or materialmen's liens to be placed against the Property as a result of its work on the Property. The Tenant shall have the right, during construction and installation of the Tenant’s Tower Equipment on the Water Tower and Ground Equipment to drive all equipment necessary for construction and installation across the Access Easement. Tenant shall also have the right during this Lease to drive to the Water Tower and the Leased Premises over the Access Easement for the repair, maintenance and operation of the Tenant’s Communication Facility. If the Tenant damages the Property during the construction, repair or maintenance of any of the Tenant’s Communication Facility at any time during the term of this Lease, it shall immediately (within 30 days), repair the Property to the conditions it was in prior to the Tenant damaging the same including but not limited MINArboretum Chanhassen 3938987v1 10 to the filling of all ruts caused by equipment driving on the Property and reseeding and/or planting all grass and other vegetation thereon including trees and shrubs, such that the Property is in the same condition as it was prior to the damage caused by Tenant and/or its contractors. Tenant may not add, change or alter Tenant’s Communication Facility from that set forth and/or shown on the Plans and Specifications without the prior written approval of the Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, however, such approval shall not be required for Tenant to change similar type equipment, except for the Tenant’s Tower Equipment on the Water Tower, provided that any such change does not materially change the appearance of the Tenant’s Communication Facility. Tenant agrees to enter into an “Escrow Agreement” in a form and substance acceptable to Landlord wherein Tenant shall deposit with Landlord the amount of Five Thousand Dollars ($5,000.00) to be used to reimburse Landlord for all costs incurred by the Landlord in connection with any alteration or modification of, or addition to, the Tenant’s Communication Facility pursuant to this Lease, including but not limited to plan review, structural review, site meetings, inspection time, and as-built updating because of Tenant’s changes, including attorney’s fees for drafting and and/or reviewing documents. d. Tenant agrees that if Tenant’s Communication Facility produces noise levels that cause a disturbance to the surrounding neighbors of the Property, Tenant will at its own expense install noise mitigating equipment or a buffer to meet State noise standards. e. Tenant shall telephonically notify the Landlord of scheduled work to Tenant’s Communication Facility that is to be done after 5:00 o’clock p.m. on business days, and any time on weekends and holidays. The notice shall be given to Landlord’s Assistant City Manager so that it is received at least 48 hours in advance of the start of the scheduled work. In the case of Tenant’s MINArboretum Chanhassen 3938987v1 11 emergency work to the Tenant’s Communication Facility, Tenant shall telephonically notify the Landlord as soon as practicable after commencement of the work. In the case of emergency work to the Tenant’s Communication Facility after City Hall normal business hours or any time on weekends and holidays, Tenant shall call Landlord’s Utility Department at 952-917-9345 to arrange for access on the Water Tower. f. Landlord agrees to give Tenant at least ninety (90) days' advance written notice of any major repair or maintenance activities related to Landlord’s Water Tower operations. In the case of an emergency, notification is not required; however, Tenant will be notified as soon as practically possible. In the event that use of the Water Tower for water service or any necessary maintenance or repair of the Water Tower is interrupted or made impractical because of Tenant’s Antennas, or Tenant’s Coaxial Cables and other equipment on the Water Tower, the Landlord may interrupt Tenant’s use of the Leased Premises and/or Water Tower as is reasonably necessary to prevent interruption of Landlord’s water service. The Landlord will use its best efforts to prevent or minimize interruptions to Tenant’s use of the Water Tower or the Leased Premises for the painting and/or reconditioning of the Water Tower. Tenant shall provide Landlord’s painting contractor with pertinent safety instructions relative to working near the Tenant’s Antennas, Tenant’s Coaxial Cables and other equipment on the Water Tower, and, if necessary, Tenant may be required to lower the power level or turn off transmission while Landlord’s painting contractor is working near Tenant’s Antennas, Tenant’s Coaxial Cables and other equipment on the Water Tower. If Tenant’s Antennas, Tenant’s Coaxial Cables and other equipment on the Water Tower are in the way of painting or reconditioning work on the Water Tower, Tenant may be required to temporarily move Tenant’s Antennas, Tenant’s Coaxial Cables and other equipment on the Water Tower at Tenant’s sole cost and expense (“Temporary Relocation”). Tenant shall have the right MINArboretum Chanhassen 3938987v1 12 to place temporary transmission and reception facilities on the Property until such time as Tenant is able to reinstall Tenant’s Facility on the Water Tower. Any additional expense of repainting, repairing or maintaining the Water Tower reasonably incurred by the Landlord as a direct consequence of the presence of Tenant’s Antennas, Tenant’s Coaxial Cables or other equipment located thereon shall be paid by the Tenant to the Landlord within thirty (30) days following the receipt of the Landlord’s written notice of such additional cost which notice shall state the reasons for Landlord incurring the costs and shall include a reasonable itemization of such costs. 6. TENANT’S COMMUNICATION FACILITY. a. Tenant agrees to install the Tenant’s Tower Equipment, in compliance with all FCC rules and regulations, and good engineering practices and according to the Plans and Specifications. Tenant further agrees that the Tenant’s use of the Tenant’s Communication Facility will not cause radio frequency interference to Landlord’s Communication Systems, provided such systems are lawfully installed and properly operated. In the event of interference with Landlord’s Communication Systems and Tenant is advised of such interference, Tenant shall eliminate such interference within twenty-four (24) hours or cease using the applicable equipment of Tenant causing the interference except for short tests necessary for the elimination of the interference. If Tenant, in the event of interference with Landlord’s Communication Systems, fails to correct the interference within twenty-four (24) hours or ceases using the equipment within said time, except for testing purposes, Landlord shall have the right to order Tenant to disconnect the power to the Tenant’s Communication Facility. If Tenant does not immediately disconnect the power to Tenant’s Communication Facility, Landlord shall have the right to immediately seek injunctive relief from the applicable court having jurisdiction to disconnect the power to Tenant’s Communication Facility. It is further agreed that Landlord does not guarantee to Tenant non- MINArboretum Chanhassen 3938987v1 13 interference to the operation of Tenant's Communication Facility by Landlord’s Communication Systems. Landlord will use its best efforts to notify other users of the Property of the interference, and to coordinate elimination of interference among the Tenant and other users of the Property. The parties agree that such reasonable evidence of interference that is likely caused by Tenant’s use or operation of Tenant’s Communication Facility warrants an emergency response and the Notices provision in Section 18 shall not apply. Rather, Landlord shall provide Tenant reasonable evidence that the interference is likely caused by the Tenant’s use or operation of Tenant’s Communication Facility verbally by telephone at Tenant’s NOC at 800-224-6620. Upon Landlord providing Tenant notice of reasonable evidence that any interference is likely caused by Tenant’s use or operation of Tenant’s Communication Facility, Tenant shall send a qualified technician or representative to the Leased Premises within eight (8) hours from the time that the notice of reasonable evidence is provided by Landlord. The required eight (8) hour emergency response time under these circumstances is applicable 24 hours a day, 7 days a week. The qualified technician or representative shall be capable of assessing the situation and eliciting the necessary response, including any repairs, alterations or modifications to Tenant’s Communication Facility. b. Prior to adding additional antennas, transmitters, receivers or other equipment on the Water Tower or within the Leased Premises, or changing or modifying Tenant’s Frequencies, as permitted under this Lease, Tenant agrees to notify the Landlord of the modified frequencies so that the Landlord can perform the necessary interference studies to insure that the modified frequencies will not cause harmful radio interference to Landlord’s Communication Systems or other tenants on the Property. Tenant will be required to pay the reasonable costs for said study which will be performed by Landlord's professional communications engineer. In the alternative, MINArboretum Chanhassen 3938987v1 14 Tenant may perform the interference studies and submit the results to the Landlord. However, the Landlord, in its sole discretion, shall retain the right provided herein to submit the study results to its professional communications engineer for review at Tenant's expense. c. At Tenant’s sole cost and expense, Tenant shall maintain Tenant’s Tower Equipment and the Shelter in as close as reasonably possible to the condition the Tenant’s Tower Equipment and the Shelter are in as of the date that they are installed on the Water Tower and the Premises, reasonable wear and tear accepted. Tenant shall further maintain the Leased Premises in a neat and orderly fashion including cutting the grass and replacing all trees and shrubs on the Leased Premises that may die during the term of this Lease. If the Landlord inspects the Tenant’s Communication Facility and determines that Tenant has not maintained the Tenant’s Tower Equipment attached to the Water Tower, and there is rust or corrosion, broken or improperly installed Tower Equipment of Tenant on the Water Tower (hereinafter referred to as “Defective Condition”), the Landlord shall give the Tenant notice of the Defective Condition, and Tenant shall take such action as is reasonably necessary to correct the Defective Condition. Landlord’s notice to Tenant shall inform Tenant: (1) of the action required by Tenant to correct the Defective Condition, and (2) whether the Tenant is required to take immediate action (within 48 hours) of Landlord’s notice, or whether Tenant is required to take action within ninety (90) days of Landlord’s notice, to correct the Defective Condition, as determined by Landlord in its sole discretion. 7. UTILITY SERVICE AND ACCESS EQUIPMENT. All of Tenant’s, electrical wires, telephone cables and related equipment, and gas lines (if any) (“Tenant’s Utilities”) and Coaxial Cable installed on the Property and/or the Leased Premises shall be installed underground except as shown on the Plans and Specifications and within the Utility Easements, as described in MINArboretum Chanhassen 3938987v1 15 Exhibit “A” and shown on the Site Plan according to the Landlord’s applicable code, rules and regulations and all state codes, rules and regulations. When installed, the Tenant’s Utilities, including the Coaxial Cable shall be directionally bored and adjusted in the field to avoid potential impact to any existing trees and “hand dug” in any area or location where there are numerous existing utilities. Tenant shall provide Landlord with an as-built plan showing the exact location of all of Tenant’s Utilities and Coaxial Cable installed on the Property, Leased Premises and/or the Water Tower. Tenant shall furnish Landlord with pertinent information as to the exact type of AC power used by the Tenant. The Tenant agrees that upon the request of the Landlord, it will field locate all of Tenant’s Utilities and Coaxial Cable at Tenant’s expense. It shall be the responsibility of Tenant, its agents, contractors and/or subcontractors at Tenant’s sole cost and expense to contact Gopher One Call and/or all other parties including, but not limited to, Landlord and all of Landlord’s other tenants occupying the Property, for locate requests prior to any construction or installation of the Tenant’s Tower Equipment, Tenant’s Coaxial Cable, Tenant's Utilities and other equipment described in this Lease, on the Property. If any of the Landlord’s other tenants decline to locate their utilities, it shall be the responsibility of Tenant to locate said other tenants’ utilities at Tenant’s sole cost and expense. Landlord agrees that it will assist with contact information for the other tenants upon the written request of the Tenant. Tenant agrees that Tenant will, upon the reasonable request of the Landlord or another tenant of the Landlord, locate all of Tenant’s Coaxial Cables and Tenant’s Utilities. As partial consideration for Rent paid under this Lease, Landlord hereby grants to the Tenant an appurtenant non-exclusive easement for Tenant’s Utilities, over and under the Utility Easements and an appurtenant non-exclusive easement for ingress, egress, and access to Tenant’s Leased Premises over the Property as legally described in Exhibit “A” and shown on the Site MINArboretum Chanhassen 3938987v1 16 Plan (“Access Easements”) adequate to service the Tenant’s Communication Facility at all times during the term of this Lease or any Renewal Term. Upon notice, Landlord shall have the right, at Landlord’s sole expense, to relocate the Access Easements, provided such new location shall not materially interfere with the operations of Tenant’s Communication Facility. The Access Easements provided hereunder shall have the same term as this Lease. 8. ADDITIONAL TENANT’S. Tenant acknowledges that Landlord may in the future lease portions of the Water Tower and Property to other parties, so long as Landlord shall not itself, nor permit any new tenants or licensees to install equipment on the Property or within the Leased Premises, if such equipment would cause interference with Tenant’s operations of Tenant’s Communication Facility. 9. DEFAULT. Any of the following occurrences, conditions, or acts shall be deemed a “Default” under this lease: a. If Tenant fails to pay amounts due under this Lease within thirty (30) days of its receipt of written notice that such payments are overdue; b. If either party fails to observe or performs its obligations under this Lease and does not cure such failure within sixty (60) days from its receipt of written notice of breach without, however, limiting any other rights available to the parties pursuant to any other provision of this Lease. If the default may not be reasonably cured within such sixty (60) day period, either party may request a thirty (30) day extension of the time to cure said default, which request shall not be unreasonably withheld, conditioned or delayed. c. Except as expressly limited hereby, Landlord and Tenant shall have such remedies for the default of the other party hereto as may be provided at law or equity following MINArboretum Chanhassen 3938987v1 17 written notice of such default and failure to cure the same within the applicable time allowed to cure under the terms of this Lease. 10. TERMINATION. a. Except as otherwise provided herein, this Lease may be terminated, without penalty or further liability, as follows: i. by either party upon thirty (30) days written notice of a Default as defined herein (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); ii. by Tenant upon ninety (90) days written notice by Tenant if Tenant is unable after filing all necessary applications for obtaining or maintaining of any license, permit or other Governmental Approval and making all reasonable efforts and using due diligence to comply with all requirements necessary to obtain or maintain any license, permit or other Governmental Approval necessary for the installation and/or operation of the Tenant’s Communication Facility or Tenant's business; iii. by Tenant upon ninety (90) days’ notice if the Tenant’s Communication Facility becomes obsolete or unacceptable under Tenant’s design or engineering standards for Tenant’s Communication Facility; iv. by Landlord if Tenant fails to cure within ninety (90) days of written notice by Landlord to Tenant that Landlord has determined that Tenant has failed to comply with any applicable ordinance, or state or federal law, or any conditions attached to Government Approvals granted thereunder, after a public hearing before the Landlord’s Council; MINArboretum Chanhassen 3938987v1 18 v. by Tenant if there is an interference problem with the Landlord’s Communication Systems caused by Tenant’s Communication Facility that cannot be corrected; or vi. by Landlord upon one hundred eighty (180) days written notice after the end of the First Renewal Term, if Landlord’s Council decides to sell or redevelop the Property and/or discontinue use of the Property for public or governmental purposes in a manner that is inconsistent, in Landlord’s sole opinion, with Tenant’s continued use of Tenant’s Communication Facility. b. Notice of Termination. The parties shall give notice of termination of this Lease in accordance with Section 18 of this Lease. All rentals paid for by Tenant prior to said termination date shall be retained by Landlord. c. Tenant's Liability for Early Termination. If Tenant terminates this Lease pursuant to subsection 10.a.iii above, Tenant shall pay to Landlord as liquidated damages for early termination, six months of additional Rent for the year in which Tenant terminates; provided, however, that Tenant shall not be required to pay an liquidated damages or termination fee if Tenant elects not to renew the term of this Lease pursuant to Section 2, above. d. Removal of Communication Facility. The Tenant shall remove all of Tenant’s Tower Equipment, Coaxial Cable, Tenant’s Utilities, the Shelter and all of Tenant’s Ground Equipment in the Leased Premises on or before the end of the Initial Term or the end of any Renewal Term if Tenant is not going to renew this Lease. Upon termination of this Lease for any other reason, Tenant shall, within ninety (90) days of “Landlord’s Notice” as hereinafter provided, remove all of Tenant’s Tower Equipment, Coaxial Cable, Utilities, all of Tenant’s equipment in the Leased Premises and any fencing around the Leased Premises and all Coaxial Cable, and Utilities and restore the Water Tower and the Property to a condition as close as MINArboretum Chanhassen 3938987v1 19 possible to its original condition. Any of Tenant’s Communication Facility or any other improvement made by Tenant on the Property, remaining on the Property ninety (90) days after Landlord’s Notice may be removed by Landlord at Tenant's sole cost and expense, or at Landlord’s sole discretion, become the property of the Landlord free of any claim by Tenant or any person claiming through Tenant. If Tenant fails to remove all of the Tenant’s Communication Facility or any other improvements within the above-described time periods, the Tenant shall pay to Landlord, notwithstanding the termination of this Lease, Rent in an amount equal to 150% of the amount of Rent that would have been due for the period of time that any of the Tenant’s Communication Facility remains on the Property. 11. INSURANCE. Tenant agrees to obtain and maintain during the term of this Lease the insurance coverage’s set forth in Exhibit “D”. 12. DEFENSE AND INDEMNIFICATION. a. General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which the Landlord may be liable in the performance of this Lease, except to the extent that any cost, losses, expenses, demands, actions or causes of action arise from the negligence, or willful misconduct of Landlord, or its respective employees, agents or contractors. Tenant shall further defend and indemnify all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of the Tenant’s Communication MINArboretum Chanhassen 3938987v1 20 Facility on the Property, except to the extent that a claim arises from the negligence or willful misconduct of Landlord or its respective employees, agents or contractors. Notwithstanding any other term, covenant or condition of this Lease, the Landlord’s liability under this Lease for any claim of any nature or any cause of action against Landlord, by any person or party, is limited to the liability limits set forth in Minnesota Statutes, Chapter 466. b. Tenant's Warranty. Tenant represents and warrants that its use of the Tenant’s Tower Equipment and the Leased Premises, will not generate, and Tenant will not store or dispose of on the Leased Premises, nor transport to the Leased Premises, or over the Property, any Hazardous Materials, as hereinafter defined, except for equipment and supplies commonly used by Tenant in the operation of Tenant’s Communication Facility which may include generator fuel, electronics, cables, basic cleaning materials and back up batteries, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises or Property. Landlord acknowledges that Tenant may be utilizing and maintaining sealed batteries, a HVAC system and/or a halon / FM 200 fire suppression system on the Leased Premises and that the use and maintenance of such items shall not constitute a breach of the terms of this Lease. The obligations of the Tenant under this Paragraph 12 shall survive the expiration or other termination of this Lease. Tenant shall not install a generator on the Leased Premises or on the Property unless specifically shown in the Plans and Specifications approved by the Landlord. c. Hazardous Materials. Without limiting the scope of Subparagraph 12a and 12b above, Tenant will be responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including MINArboretum Chanhassen 3938987v1 21 reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises or the Property associated with the Tenant's use of Hazardous Materials, except to the extent that any claims, cost and/or liability including reasonable attorneys’ fees arising out of or in connection with the cleanup or restoration of the Leased Premises or the Property arising from the negligence or willful misconduct of the Landlord or its employees, agents or contractors. For the purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Notwithstanding anything to the contrary herein, Tenant shall have the right to store and use standard quantities of batteries within its Communications Facility so long as it does so in full compliance with all applicable laws. Tenant shall not be responsible for any Hazardous Materials that existed on the Property on or before the effective date of this Lease or that were not brought on the Property by Tenant. 13. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary in this Lease, in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of profits, income or business opportunities; provided, however, that this provision shall not release or reduce Tenant's obligation to pay Rent to the Landlord in accordance with the terms of this Lease. 14. ASSIGNMENT. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries, or any party that merges or consolidates with Tenant or Tenant’s parent, or any party that purchases or otherwise acquires all or substantially all of Tenant’s stock or assets in the market defined by the FCC in MINArboretum Chanhassen 3938987v1 22 which the Property is located without the written consent of the Landlord, such consent not to be unreasonably withheld, conditioned or delayed. For purposes of this paragraph, an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the Tenant’s Tower Equipment, Equipment Cabinets, subject to Landlord’s rights to retain the same and/or other improvements if Tenant fails to remove them as required by this Lease. 15. QUIET ENJOYMENT. Tenant, upon paying Rent, shall peaceably and quietly have, hold and enjoy the use of the Water Tower for Tenant’s Tower Equipment, the Leased Premises, the Access Easements and Utility Easements provided Tenant is not in default under any other covenant or agreement contained in this Lease. Landlord hereby waives any and all lien rights it may have statutory or otherwise concerning the Tenant’s Communication Facility or any portion thereof which shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under the applicable laws, and Landlord gives Tenant and Tenant’s mortgagees (“Mortgagees”), the right to remove all or any portion of Tenant’s Communication Facility from time to time, whether before or after default under the Lease, in Tenant’s and/or mortgagee’s sole discretion and without Landlord’s consent, subject to the obligations of the Tenant to remove Tenant’s Communication Facility as set forth in Section 10(d). If a Mortgagee desires to remove Tenant’s Communication Facility, the Mortgagee shall sign an agreement with the Landlord stating that they will be responsible for restoring the Water Tower and the Property to a condition as close as possible to its original condition, as required in this Lease, and that they will be liable to the Landlord for any cost and expenses incurred by MINArboretum Chanhassen 3938987v1 23 Landlord in restoring the Property to a condition as close as possible to its original condition in the event that the Mortgagee fails to do so. 16. DAMAGE OR DESTRUCTION. If the Tenant’s Communication Facility or any portion thereof is destroyed or damaged so as to materially hinder the effective use of the Tenant’s Communication Facility by Tenant through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, all rights and obligations of the parties shall cease (except as to the Tenant’s obligations under this Lease to remove the Tenant’s Communication Facility under Paragraph 10.d.) as of the date of the notice to Landlord and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then the Rent shall abate for a period of ninety (90) days or until the Tenant’s Communication Facility is restored to the condition existing prior to the damage or destruction, whichever is earlier. 17. CONDEMNATION. In the event the whole of the Leased Premises or the Property is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises or the Property vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, Tenant shall have the right to terminate this Lease as of the date of title transfer, by giving thirty (30) days' written notice to Landlord. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises or the Property shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be MINArboretum Chanhassen 3938987v1 24 separately awarded or recoverable by Tenant including any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing all or a portion of the Tenant’s Communication Facility. 18. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or delivered by a nationally recognized overnight courier service, to the following addresses or to any other address of Tenant or Landlord that is given from time to time to the other party pursuant to this provision, regarding written notice: If to Landlord: City of Chanhassen P.O. Box 147 Chanhassen MN 55317 Attn: City Manager with copy to: Chanhassen City Attorney Campbell Knutson, P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 Attn: Network Real Estate Phone: 866-862-4404 19. RESTORATION OF PROPERTY. Tenant shall deposit with the Landlord at the time of the building permit application a performance bond in the amount of $25,000 as security for the restoration of the Property to the condition it was prior to the installation of Tenant’s Communication Facility (“Restoration Security”) reasonable wear and tear excepted. 20. MISCELLANEOUS: a. Authority. Landlord represents and warrants that Landlord has full authority to enter into and sign this Lease. MINArboretum Chanhassen 3938987v1 25 b. Complete Lease; Amendments. This Lease supersedes all prior discussions and negotiations and contains all agreements and understandings between the Landlord and Tenant. This Lease may only be amended in writing signed by all parties. All Exhibits are incorporated into this Lease by reference. c. Counterparts. This Lease may be signed in counterparts by the parties hereto each of which counterparts shall be considered an original. d. Binding Effect. The terms and conditions of this Lease shall run with the Property, inure to the benefit of and be binding on the respective parties and their respective successors and permitted assignees. e. Enforcement and Attorneys' Fees. The prevailing party in any action or proceeding in court to enforce the terms of this Lease including any appeals shall be entitled to receive its reasonable attorney's fees and other reasonable costs and expenses from the non- prevailing party. f. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. g. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. h. Memorandum of Lease. Landlord agrees, upon the request of the Tenant, to sign a Memorandum of Lease in the form acceptable to both parties which may be recorded in the Office of the Carver County Recorder. i. Estoppel Information. Each party shall from time to time, within thirty (30) days after written request from the other party, execute, acknowledge and deliver an estoppel MINArboretum Chanhassen 3938987v1 26 certificate indicating that this Lease and any amendments thereto are in full force and effect, setting out the current monthly rental amount, date rent is paid through, expiration date of the then current term, and acknowledging that there are not, to such party’s knowledge, any uncured defaults, or specifying such defaults if any are claimed. j. Brokers. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. k. No Waiver. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. l. Recitals. The Recitals set forth above are hereby incorporated in this Lease as though they were set forth in the body hereof. [Remainder of Page Intentionally Left Blank.] [Signature page follows.] MINArboretum Chanhassen 3938987v1 27 IN WITNESS WHEREOF the parties hereto have executed this Lease Agreement the day and year first above written. LANDLORD: CITY OF CHANHASSEN BY: _______________________________ Name: Denny Laufenburger Title: Mayor BY: _______________________________ Name: Todd Gerhardt Title: City Manager Date: __________________ TENANT: VERIZON WIRELESS (VAW) LLC d/b/a VERIZON WIRELESS BY: ______________________________ Name: __________________________ Title: __________________________ Date: ___________________ THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. [JFK] 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 MINArboretum Chanhassen 3938987v1 28 LIST OF EXHIBITS Exhibit “A”: Legal Descriptions of: (1) Property (2) Leased Premises (3) Access Easements (4) Utility Easement Exhibit “B”: Site Plan showing: (1) Property (2) Leased Premises (3) Access Easements (4) Utility Easement Exhibit “C”: Plans and Specifications Exhibit “D”: Tenant’s Required Insurance MINArboretum Chanhassen 3938987v1 Tenant Site I.D. #: MIN Arboretum Landlord’s Site Name: Arboretum Water Tower Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless EXHIBIT "A" LEGAL DESCRIPTIONS (1) LEGAL DESCRIPTION OF PROPERTY: The following described property located in Carver County, Minnesota: Address: 2953 Water Tower Place Chanhassen, MN 55317 (2) LEGAL DESCRIPTION OF LEASED PREMISES: (3) LEGAL DESCRIPTION OF ACCESS EASEMENTS: MINArboretum Chanhassen 3938987v1 (4) LEGAL DESCRIPTION OF UTILITY EASEMENTS: MINArboretum Chanhassen 3938987v1 EXHIBIT “B” SITE PLAN MINArboretum Chanhassen 3938987v1 EXHIBIT “C” PLANS AND SPECIFICATIONS MINArboretum Chanhassen 3938987v1 EXHIBIT “D” TENANT’S REQUIRED INSURANCE a. Worker's Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes, rules and regulations. The policy shall also provide Employer's Liability coverage with limits of $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. b. General Liability. The Tenant must maintain commercial general liability coverage with a limit of $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, Premises/Operation, broad form contractual liability, independent contractors, and products/completed operations. Tenant will maintain Completed Operations coverage for one (1) year after the construction of Tenant’s Communication Facility is completed. c. Automobile Liability. The Tenant must carry commercial Automobile Liability coverage with a combined single limit of $5,000,000 each accident for bodily injury and property damage covering all owned, non-owned and hired automobiles. d. Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be for the full replacement cost value and be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. e. Excess/Umbrella Liability. Tenant shall also maintain an umbrella or excess liability insurance policy with a limit of $1,000,000 per occurrence and aggregate which provides coverage in excess of the commercial general liability, commercial automobile liability and employer’s liability insurance maintained by Tenant under this Lease. f. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to the start of construction of the Communication Facility, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A- or better), licensed, authorized or permitted to do business in the State of Minnesota, which includes all coverages required in this Paragraph. Tenant will include the Landlord and the City as an Additional Insured as their interest may appear under this Agreement on the General Liability and Commercial Automobile Liability Policies. Upon receipt of notice from its insurer(s), Tenant shall use commercially reasonable efforts to provide Landlord with thirty (30) days prior written notice of cancellation of any coverage required herein. CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Approve Maintenance Agreement with the Riley Purgatory Bluff Creek Watershed District for Lake Lucy Lane Drainage Improvements Section CONSENT AGENDA Item No: D.7. Prepared By Paul Oehme, Director of Public Works/City Engineer File No: PW437 PROPOSED MOTION “The City Council approves a maintenance agreement with Riley Purgatory Bluff Creek Watershed District for Lake Lucy Lane Drainage Improvements.” Council approval requires a Simple Majority Vote of members present. BACKGROUND During the summer of 2017, an old concrete culvert under Lake Lucy Lane collapsed and became plugged. This culvert is believed to be about 50 years old. The culvert drains a 34.9acre watershed and an additional 23.8acre upstream water body. The culvert is basically the only system which allows stormwater to cross Lake Lucy Road. Because of the culvert collapse, runoff would collect in the wetland north of Lake Lucy Lane. After large rain events, the water in the wetland would rise and flood the road. The Street Department needed to rent a pump to lower the water in the wetland so the road could be reopened. DISCUSSION The city has been working on getting a permit from the Watershed District since October of 2017. The permit approval is on the Watershed District's April 4, 2018 agenda. The Watershed District is requiring a maintenance agreement for the permit. ATTACHMENTS: Maintenance Agreement 1 MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and City of Chanhassen This Maintenance Agreement (Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (RPBCWD), and the City of Chanhassen (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structures Rule and the Stormwater Management Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner’s perpetual obligation to protect undisturbed buffer adjacent to a creek or wetland; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit _________, the City’s perpetual obligation to maintain wetland buffer must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. _________, and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the wetland buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 2 1. BUFFER AREAS a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d. No fill, debris or other material will be placed within a buffer. e. No structure or impervious cover (hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f. Permanent wetland buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and website address of the Riley Purgatory Bluff Creek Watershed District. 2. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a 3 condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By ___________________________________ Date:____________________ President, Board of Managers CITY OF CHANHASSEN By:_____________________________ Date:______________________ Denny Laufenburger, Mayor By:_____________________________ Date:_______________________ Todd Gerhardt, City Manager CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Resolution No. 201827: Accept Bids and Award Contract for the 2018 Sealcoat Project Section CONSENT AGENDA Item No: D.8. Prepared By Steve Ferraro, Construction Manager/Engineering Technician IV File No: Project No. 201805 PROPOSED MOTION “The City Council approves a resolution accepting bids and awarding a contract for the 2018 Sealcoat Project to Allied Blacktop Company for roadway sealcoating in the amount of $220,219.00.” Council approval requires a Simple Majority Vote of members present. BACKGROUND Annually, the city has completed a sealcoat project to extend the life of its streets and parking lots. The Pavement Management Program identified the streets, trails and parking lots in the project for maintenance this year. Staff visited each street to visually review the pavement condition and confirm sealcoating is required. DISCUSSION A sealcoat program is a costeffective tool to protect the capital asset of a street and extend the life of the street system. Sealcoating is the application of asphalt emulsion followed immediately with an aggregate cover. Sealcoating of streets is beneficial because it: •Can delay or eliminate further aging of pavement due to water and sun. •Seals to provide a moisture barrier. •Fills in raveled pavement areas. •Enriches underasphalt pavement. •Seals cracks temporarily or permanently. •Performs minor leveling. •Restores surface friction to improve wheel grip. •Economically prolongs the life of existing pavements. It is estimated that a sealcoat application extends the life of pavement from three to six years at a fraction of the cost of street rehabilitation or bituminous overlay projects. It is, therefore, more cost effective to sealcoat roadways when fewer pavement distresses are present versus letting the pavement deteriorate until major, costly rehabilitation or reconstruction projects are required. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectResolution No. 201827: Accept Bids and Award Contract for the 2018 Sealcoat ProjectSectionCONSENT AGENDA Item No: D.8.Prepared By Steve Ferraro, ConstructionManager/Engineering Technician IV File No: Project No. 201805PROPOSED MOTION“The City Council approves a resolution accepting bids and awarding a contract for the 2018 Sealcoat Project toAllied Blacktop Company for roadway sealcoating in the amount of $220,219.00.”Council approval requires a Simple Majority Vote of members present.BACKGROUNDAnnually, the city has completed a sealcoat project to extend the life of its streets and parking lots. The PavementManagement Program identified the streets, trails and parking lots in the project for maintenance this year. Staff visitedeach street to visually review the pavement condition and confirm sealcoating is required. DISCUSSIONA sealcoat program is a costeffective tool to protect the capital asset of a street and extend the life of the streetsystem. Sealcoating is the application of asphalt emulsion followed immediately with an aggregate cover. Sealcoating ofstreets is beneficial because it:•Can delay or eliminate further aging of pavement due to water and sun.•Seals to provide a moisture barrier.•Fills in raveled pavement areas.•Enriches underasphalt pavement.•Seals cracks temporarily or permanently.•Performs minor leveling.•Restores surface friction to improve wheel grip.•Economically prolongs the life of existing pavements.It is estimated that a sealcoat application extends the life of pavement from three to six years at a fraction of the cost ofstreet rehabilitation or bituminous overlay projects. It is, therefore, more cost effective to sealcoat roadways when fewerpavement distresses are present versus letting the pavement deteriorate until major, costly rehabilitation or reconstruction projects are required. This project will also include a doublechip seal for parking lots that are in greater distress. This sealcoat technique provides additional aggregate to reinforce the distressed pavement surface. As of Bid Alternate #1, a sealcoat emulsion with sand will be utilized on the trails in this project. This technique will result in a smoother surface for recreational use by bicycles and rollerblades. BIDS RECIEVED City staff solicited bids by advertising in the local newspaper and QuestCDN three weeks prior to the bid opening. On March 8, 2018, three bids were received for the 2018 Sealcoat Project No. 1805. Bid amounts for the project are shown below: Base Bid Alternate #1 Bid Grand Total Bid Allied Blacktop Company*$211,969.00 $8,250.00 $220,219.00 Asphalt Surface Technologies Corp.$222,976.00 $16,500.00 $239,476.00 Pearson Bros., Inc.$205,058.00 $15,290.00 $220,348.00 *Indicates low grand total bidder Allied Blacktop Company has completed previous projects in the city of Chanhassen. Their past work has been acceptable. Sealcoating activities will tentatively start in July 9, 2018 with a completion date of August 31, 2018 for streets, parking lots, and trails. City staff will send out notifications to all affected property owners prior to work commencing. This project was budgeted for 2018 in the CIP Pavement Management (ST018). The remaining funds in this budget item are used for inhouse projects such as pothole patching, curb repairs, sidewalk repairs, and other miscellaneous street and trail repairs. ATTACHMENTS: Resolution CIP Page Streets and Parking Lots Map Trails Map CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 26, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: ______ A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2018 SEALCOAT PROJECT NO. 18-05 WHEREAS, pursuant to an advertisement for bids for the 2018 Sealcoat Project, three bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Base Bid Alternate #1 Bid Grand Total Bid Allied Blacktop Company* $211,969.00 $8,250.00 $220,219.00 Asphalt Surface Technologies Corp. $222,976.00 $16,500.00 $239,476.00 Pearson Bros., Inc. $205,058.00 $15,290.00 $220,348.00 *Indicates low grand total bidder AND WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Chanhassen for the 2018 Sealcoat Project No. 18-05 according to the plans and specifications on file in the office of the City Engineer. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained unto a contract has been signed. Passed and adopted by the Chanhassen City Council this 26th day of March, 2018. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Map 1 of 5 Map 2 of 5 Map 3 of 5 Map 4 of 5 Map 5 of 5 Parking Lot Map Trail Map Ü 2018 Seal Coat Project Areas 0 5,000 10,0002,500 Feet Ly m an Blvd ( C S A H 1 8 ) T im berwood Dr Pin e w o o d Circle AcornLaneMaplewoodTerraceOakwoodRidge R e n a i s s a n c e C o u r tBenwoodCircle StoneCr eekRdStoneCre e kDrStoneCreekDr BluffViewCourt C r e e kViewCourt 4 5 6 Stone CreekCrt Andrew Court Co ulter B lvd BridleCreekCircle LukewoodDr S tone C r e e k Lan e W S to n e C r eekLaneEBoulderRoadBridleCreekT ra i l GalpinBlvd(CSAH 15)Gal pi nCr t 0.1 0 0.10.05 MilesÜChip Seal Only Not a Through Street 2018 Street Seal Coat Map 1 of 5 CityCenterParkL a k e S u s a n P a r kPowersBlvd(CSAH17)TargetLaneK e r berBlvdChippewaTrailSantaV e r a D r L a keDriveW.VillageRoad 3 1 KIMBERLY LANE 3 Nicholas Way2 Kelly Court MarketBlvd ParkRo a d Market St State Hw y 5 P i c h a KerberBlvdMarket Blv d KiowaLaredoDrive21 S a n t a VeraDrLaredoLaneC a nyonC urveChan ViewW78thStreet Pon d P ro m e n a d e500 0 500250 FeetÜChip and Crack Seal 2018 Street Seat Coat Map 2 of 5 Lake Minnewashta Regio nal Park (County Park) C athcartPark RoundhousePark HermanFieldPark Minnewashta Heights P ark MinnewashtaParkwayRed O a kLane W hite OakLane Wh i t eOakLane Hallgren Lane CountryOaksRoadStratford RidgeGlendale D r StratfordLn StratfordBlvdStateHwy7Crestview D r Linden C irK i r kw o o dC i r Landin g s DriveLandingsCrtJoshuaCi r CountryO aks RdLes leeCurveGreenbri ar AveGlendale Dr. Maple Cir Maple DrLeslee Curve Chur chRoadMeadowLaneW. 62 nd St.MeadowCourtElmTreeCypressDriveDartm o u th D rFi rTreeS h o r e Drive Bar b erryCirAr borLane DogwoodAveI r o n w o o d P ip e r R id g e L n TanagersPointNorth Man orWash taBay R oadTanagersLnS a ndpiperTrailMin n e washtaW o o d s DrForrestCirForest A v e Ches Mar DrMillCreekLNK ing s Roa d Pipewood Cir O r chard L a n e M aplewoodCirPipewoodCurvePipewoodCrt Country O aksDrPipewoodLane CartwayLanePaddockLn Washta Bay Ct !Rock Island LnStrawbe rry L a ne OHW 944.5 L ake Minn ew asht a 1,000 0 1,000500 Feet ÜChip Seal Only Not a Through Street 2018 Street Seal Coat Map 3 of 5 M eado wGreenPark Pheasan t H illPark C urryFarmsP ark CarverBeachPlayground Greenwood Sh ores Par k SommerGate RingneckDr.Pheasant D rMolineCirStellerCir WhiteDoveDr S t r a t ton CrtCharing Bend H eatherCourtR e d w in gCt.NezPerceCt BuckingwoodCourtRidgeRoadBelm ont LnLakeLucy Lane C r e s t v i e wCir W h ite ta ilR id g e C o u r t L a ke LucyRoad FAWNHILLROADLakewayDriveNorthwoodCourtN ez P erce Dr MelodyHill MurrayHillRoadW. 65th St.Hummingbird RdMelod yHillCirLake Luc y R d TreeTopRdCr es tview Dr. C h estnut L a n e Pinehu rstDrPinehurst Dr W hi teDoveCir Wood DuckCirPintailCir Partridge Cir TealCir West 63rd StCardinal Ave.CreekRu n Tr.AudubonBlue JayK o e h ne n Cir. EastKoehnenCir. West P h easantCir Shadow LaneIthlienAshton CT Te tonLaneBretton WayArlington Ct. WelsleyCt.PleasantViewCoveW illow C reekDevonshireDrPointeLakeLucyMulberryCirEastMul b erryCir W est PeacefulLaneTroendleCircleTecumsehLaneShawneeLa n e RedmanLnUticaLaneUticaTerraceUticaCircleU t i c a L ane Po ntia cCrt.Ponti a cCircle Pon t i a c L n DerbyDrive Pre akness Ln PimlicoLaneRin g o Dr Pi ma LnCh a p a rr al LnRed w i ngL a n eKe rbe r Blvd NezPerceDrWoodhill Dr C r e e D r P o n d e r o s a D r I m p e r i a l L o n e E a g l eRd Carver BeachRd PenamintCtRedwingLnPenamintLnChaparralL N Hiawatha Dr We stern Dr ChaparralCourtMohawk DrPawneeV i n elan d CtFoxPat hH opi R d DeerwoodDrQ uiverDrive P le as a n t V iewRoadFox Pat hFoxCtHolly LaneKNOBHILLLANE Lakew ay Lan eWoodDuckLn HighgateCir BriarwoodCt.Galpin Blvd. (CR 117)LakeL u c y Road Lake Lucy Road D ia m o n d C o urt Melody HillMurrayHillCrt Steller Court Lu cyRidg eCourt E m e ral dL aneLucy Ridge LaneRubyL a n e T o pazDriv eSapphireLane ShenendoahCircle GoldenCourtEdgewoodCt ManchesterDriveLakeH arrisonCircle Lake Harrison Rd A mberwoodL N Alder Way YosemiteYosemiteVioletWynsongLane AnthemPlace OHW 956.1 OHW 993.6 OHW 932.77 Lake Lucy La keHarrison Clasen L ak e ChristmasLake 1,000 0 1,000500 Feet ÜChip and Crack Seal Vacated Road 2018 Street Seal Coat Map 4 of 5 Lake Susan PreserveC han hassenHillsPark FoxwoodsPreserveLakeSusanDriveLymanCourt M aryJ aneCirB ar bar a C r t Quinn RoadOverlookCourt Gree n vie w Dr.Summerfie ld D riveChanhass en Hills Dr NorthC hanh assenHillsDrSouthLakeSusanCrt£¤212 3 4 !Chesterfield Ln Springfield DrCrossroadsBlvdSWVillageDrHWY 101EagleRidgeRdHawkcre s t Cir HawkcrestCtEagleCtCrossroad Court 500 0 500250 Feet ÜChip and Crack Seal 2018 Street Seal Coat Map 5 of 5 Surdex 2016 150 0 15075 Feet ÜParking Lot C hip Seal Coat 2018 Parking Lot Chip Seal Coat Hwy101GreatPla i nsBlvdW94th S T GreenviewD r iv e OverlookCrtSpringfieldDriveKiowa TrailHwy 101 Great Plains BlvdSurdex 2016 250 0 250125 Feet ÜTrail Seal C oat 2018 Trail Seal Coat CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.1. Prepared By Don Johnson, Fire Chief File No: SUMMARY Monthly fire department update for February of 2018. BACKGROUND Fire Department Staffing Staffing is at 39 of 45 paid oncall firefighters. We are currently in our recruitment phase and having relatively low interest for this period. Signage is being moved throughout the city and social media continues to advertise we are hiring. The information night is scheduled for April 10 and the interviews and physical agility testing is scheduled for April 21. Fire Department Response The fire department responded to 50 calls for service in February. Significant calls included: 25 EMS calls with one (1) Motor Vehicle Accident One (1) Fire Response AutoAid Request to Excelsior Fire (Chief 1, Engine 11, and Ladder 11) Monthly Training Training that occurred since my last update: SelfContained Breathing Apparatus Training EMS Training including Annual CPR Certification Advanced Auto Extrication for Officers on March 17 Auto Extrication Training for Firefighters Other Activities Assist to Chaska Fire on March 10 for citywide coverage while they attended their annual fire banquet Assist to Arboretum in utilizing a newlyacquired Fire Extinguisher Trainer for their annual staff training CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectFire Department UpdateSectionFIRE DEPARTMENT/LAWENFORCEMENT UPDATE Item No: F.1.Prepared By Don Johnson, Fire Chief File No: SUMMARYMonthly fire department update for February of 2018.BACKGROUNDFire Department StaffingStaffing is at 39 of 45 paid oncall firefighters. We are currently in our recruitment phase and having relatively lowinterest for this period. Signage is being moved throughout the city and social media continues to advertise we arehiring. The information night is scheduled for April 10 and the interviews and physical agility testing is scheduled forApril 21. Fire Department ResponseThe fire department responded to 50 calls for service in February. Significant calls included:25 EMS calls with one (1) Motor Vehicle AccidentOne (1) Fire ResponseAutoAid Request to Excelsior Fire (Chief 1, Engine 11, and Ladder 11)Monthly TrainingTraining that occurred since my last update:SelfContained Breathing Apparatus TrainingEMS Training including Annual CPR CertificationAdvanced Auto Extrication for Officers on March 17Auto Extrication Training for FirefightersOther Activities Assist to Chaska Fire on March 10 for citywide coverage while they attended their annual fire banquet Assist to Arboretum in utilizing a newlyacquired Fire Extinguisher Trainer for their annual staff training Assist to Bernard Group with employee handson only CPR Training Fire Marshal Update February was a busy month for Fire Inspections and Prevention. We started off the month will several onsite inspections at Paisley Park for their big Justin Timberlake event. Everything went very smooth with the set up and subsequent event from a fire safety standpoint. Superbowl weekend, I assisted the Mdewakanton Public Safety Fire District with a Super Bowl concert event at Mystic Lake. Very interesting and fun experience. The third week in February I attended the Upper Great Plains ICC Code Conference. It was a great week of learning and networking. Construction Inspections and Plan Reviews: Sprinkler inspections were completed for the town homes going up on Wildflower Lane West Park/Pulte Homes project Further sprinkler inspections were completed at the ongoing Emerson remodel and additions Lifetime Fitness addition and remodel of massage area and salon Plans have been reviewed and approved for Target for Sprinkler and Fire Alarms Mission Hills Senior Living – plan reviews came in for Sprinkler System and are currently being reviewed Fire Inspections: We have also been continuing our annual fire inspections in the city. Our big push this month was to complete fire inspections for all facilities holding liquor licenses in town. These inspections include all establishments who sell on or off sale liquor and the building attached to the establishment. For example, Country Inn and Suites had the entire building inspected as it holds a liquor license, but is also the type of occupancy we want to inspect each year – including hotel and conference center. Chief Johnson and I completed the inspections and follow up reinspections will be completed in the coming months. This is a new requirement for liquor licensing in our city and we will be adding these to our other annual inspections which include day cares, schools, hotels, apartments, and gas stations. Other businesses will continue to be inspected on a semiannual basis. Some of these inspections can be quite lengthy and time consuming but we enjoy the opportunity to help educate the public and business owners on proper fire code compliance. With our fire inspections program, our goal is to establish a good working relationship with community business owners. Through education and code enforcement, we can work together to make our community that much safer. Fire Prevention Activities : Fire prevention activities for the month consisted of finalizing our new HandsOnly CPR/AED training program and materials we will be offering to city businesses and community groups. We have several scheduled sessions in the upcoming months. We are also scheduling out fire extinguisher training in the same manner. Several training articles were also finalized and sent out to be part of the Chanhassen Connection summer issue. ATTACHMENTS: February Graphs & Charts February Calls Plot Map February Customer Care Cards City of Chanhassen Fire Calls for Ser vice2/1/2018 - 2/28/2018 K Fire Box Alarm Zones Calls for Serv ice North Bo x South Bo x We st Bo x Date: 3/2/2018Document Path: K:\Nick LH\Pro jects\Fire\Fo rDon\FireCa llMa ps\2 018\F ebruary\F ire Incide nt Map G eocode Feb ruary 201 8.mxd Todd Gerhardt Fire Department Council Update January 22, 2018 Page 5 Citizen Evaluation Date of Call: 1/7/2018 Location of Call: Bluff Creek Drive Type of Call: Gas Odor Crew: Troon Dowds, Gregg Geske, Keegan Geske, Don Johnson Did the fire department respond to your call in a timely manner for the circumstances? Yes Were the fire personnel that responded professional (appearance/demeanor)? Yes Were you kept informed about what was going on during the time the fire department was on scene? Yes When the fire department left the scene, were you satisfied with your experience with them? Yes Please put any comments below that explain yours answers, would help us improve future response within our community, or that you would like us to know. No comment Date of Call: 1/19/2018 Location of Call: North Bay Drive Type of Call: Carbon Monoxide Alarm Crew: Joe LeFevere, Dan O’Mara, Ray Rindahl Did the fire department respond to your call in a timely manner for the circumstances? Yes Were the fire personnel that responded professional (appearance/demeanor)? Yes Were you kept informed about what was going on during the time the fire department was on scene? Yes When the fire department left the scene, were you satisfied with your experience with them? Yes Please put any comments below that explain yours answers, would help us improve future response within our community, or that you would like us to know. The two gentlemen firemen were very helpful, knowledgeable, courteous and professional. Todd Gerhardt Fire Department Council Update March 26, 2018 Page 6 Date of Call: 1/18/2017 Location of Call: Foxford Road Type of Call: Medical Crew: Mike Anderson, Jake Coleman, Keegan Geske, Don Johnson, Matt Kutz, Joe LeFevere, Chad Olsen, Ray Rindahl Did the fire department respond to your call in a timely manner for the circumstances? Yes Were the fire personnel that responded professional (appearance/demeanor)? Yes Were you kept informed about what was going on during the time the fire department was on scene? Yes When the fire department left the scene, were you satisfied with your experience with them? Yes Please put any comments below that explain yours answers, would help us improve future response within our community, or that you would like us to know. The fire dept arrived to respond to my call to 911 for a medical emergency. They were very courteous and assisted in getting my father up our staircase and out to the ambulance. I appreciate it! CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.2. Prepared By Lieutenant Eric Kittelson File No: SUMMARY Report on monthly law enforcement statistics, training and community relations update. ATTACHMENTS: Council Meeting Memo February Law Enforcement Statistics CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Commission Appointments Section NEW BUSINESS Item No: I.1. Prepared By Kim Meuwissen, Office Manager File No: ADM 146G PROPOSED MOTION "The City Council appoints the following commissioners: Planning Commission _____________ and ______________ for threeyear terms ending March 30, 2021. Park & Recreation Commission _____________ and ______________ for threeyear terms ending March 30, 2021, and Grant Schaeferle as a Youth Commissioner for a oneyear term ending March 30, 2019. Environmental Commission _____________, ______________, and ______________for threeyear terms ending March 30, 2021, and ______________ for a oneyear term ending March 30, 2019. Senior Commission _____________, ______________, and ______________for threeyear terms ending March 30, 2021, and ______________ for a twoyear term ending March 30, 2020. NOTE: If the City Council desires to appoint an eighth member to the Senior Commission for an additional twoyear term, the motion should be as follows: Senior Commission _____________, ______________, and ______________for threeyear terms ending March 30, 2021, and ______________ and ______________ for twoyear terms ending March 30, 2020." Council approval requires a Simple Majority Vote of members present. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectCommission AppointmentsSectionNEW BUSINESS Item No: I.1.Prepared By Kim Meuwissen, Office Manager File No: ADM 146GPROPOSED MOTION"The City Council appoints the following commissioners:Planning Commission_____________ and ______________ for threeyear terms ending March 30, 2021.Park & Recreation Commission_____________ and ______________ for threeyear terms ending March 30, 2021, and Grant Schaeferle as aYouth Commissioner for a oneyear term ending March 30, 2019.Environmental Commission_____________, ______________, and ______________for threeyear terms ending March 30, 2021,and ______________ for a oneyear term ending March 30, 2019.Senior Commission_____________, ______________, and ______________for threeyear terms ending March 30, 2021,and ______________ for a twoyear term ending March 30, 2020. NOTE: If the City Council desires to appoint an eighth member to the Senior Commission for anadditional twoyear term, the motion should be as follows:Senior Commission_____________, ______________, and ______________for threeyear terms ending March 30, 2021,and ______________ and ______________ for twoyear terms ending March 30, 2020." Council approval requires a Simple Majority Vote of members present. DISCUSSION Planning Commission There are two threeyear positions available for appointment to the Planning Commission.The term of Commissioner Mark Randall is expiring, as well as the position vacated by Maryam Yusf.Mark Randall has reapplied.Nine additional applications were received, of which seven are still active (Tony Hallen and Jennifer Chou withdrew due to anticipated schedule conflicts that would make it difficult for them to serve on the commission). The Planning Commission ranked the candidates as shown in the attached memo from Kate Aanenson.Also attached is an applications summary to assist the City Council in ranking the candidates. Park & Recreation Commission There are two threeyear positions available for appointment to the Park & Recreation Commission and one to two youth positions available.The terms of Commissioners Jim Boettcher and Jennifer Hougham are expiring.Jim Boettcher has reapplied.The terms of Youth Commissioners Lauren Dale and Grant Schaeferle are expiring.Lauren is no longer eligible to reapply; however, Grant has reapplied. Four additional applications were received, of which three are still active.One of those chose the Park & Recreation Commission as their second choice (Bethany Collins). The Park & Recreation Commission ranked the candidates as shown in the attached memo from Park & Recreation Director Todd Hoffman.Also attached is an applications summary to assist the City Council in ranking the candidates. Environmental Commission There is one oneyear position and three threeyear positions* available for appointment to the Environmental Commission.The terms of Don Vasatka, Bill Chappell, Charlotte Chappell, and David Hess are expiring.Don Vasatka and Bill Chappell have reapplied. Two additional applications were received, of which one is still active.Planning Commission applicant Greg Hawks recently decided to apply to the Environmental Commission as a second choice, bringing the total additional applications back to two. *Appointments will allow for even distribution of staggered terms in the future as follows: ·Two terms ending in 2019 ·Two terms ending in 2020 ·Three terms ending in 2021 The Environmental Commission ranked the candidates as shown in the attached memo from Environmental Resources Coordinator Jill Sinclair.Also attached is an applications summary to assist the City Council in ranking the candidates. Senior Commission There are three threeyear positions and one twoyear position available for appointment to the Senior Commission. The terms of Commissioners Barbara Nevin and Dorina Tipton are expiring, as well as the position vacated by Camille Swanson in May of 2017. Incumbents Barbara Nevin and Dorina Tipton have reapplied. Also, Commissioner Barbara Chadwick resigned in February leaving a twoyear vacancy.Four new applications have been received. The Senior Commission was unable to interview the new candidates due to lack of a quorum.Since the Senior CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectCommission AppointmentsSectionNEW BUSINESS Item No: I.1.Prepared By Kim Meuwissen, Office Manager File No: ADM 146GPROPOSED MOTION"The City Council appoints the following commissioners:Planning Commission_____________ and ______________ for threeyear terms ending March 30, 2021.Park & Recreation Commission_____________ and ______________ for threeyear terms ending March 30, 2021, and Grant Schaeferle as aYouth Commissioner for a oneyear term ending March 30, 2019.Environmental Commission_____________, ______________, and ______________for threeyear terms ending March 30, 2021,and ______________ for a oneyear term ending March 30, 2019.Senior Commission_____________, ______________, and ______________for threeyear terms ending March 30, 2021,and ______________ for a twoyear term ending March 30, 2020. NOTE: If the City Council desires to appoint an eighth member to the Senior Commission for anadditional twoyear term, the motion should be as follows:Senior Commission_____________, ______________, and ______________for threeyear terms ending March 30, 2021,and ______________ and ______________ for twoyear terms ending March 30, 2020."Council approval requires a Simple Majority Vote of members present.DISCUSSIONPlanning CommissionThere are two threeyear positions available for appointment to the Planning Commission.The term of CommissionerMark Randall is expiring, as well as the position vacated by Maryam Yusf.Mark Randall has reapplied.Nineadditional applications were received, of which seven are still active (Tony Hallen and Jennifer Chou withdrew due toanticipated schedule conflicts that would make it difficult for them to serve on the commission).The Planning Commission ranked the candidates as shown in the attached memo from Kate Aanenson.Also attachedis an applications summary to assist the City Council in ranking the candidates.Park & Recreation CommissionThere are two threeyear positions available for appointment to the Park & Recreation Commission and one to twoyouth positions available.The terms of Commissioners Jim Boettcher and Jennifer Hougham are expiring.JimBoettcher has reapplied.The terms of Youth Commissioners Lauren Dale and Grant Schaeferle are expiring.Laurenis no longer eligible to reapply; however, Grant has reapplied.Four additional applications were received, of which three are still active.One of those chose the Park & RecreationCommission as their second choice (Bethany Collins).The Park & Recreation Commission ranked the candidates as shown in the attached memo from Park & RecreationDirector Todd Hoffman.Also attached is an applications summary to assist the City Council in ranking the candidates.Environmental CommissionThere is one oneyear position and three threeyear positions* available for appointment to the EnvironmentalCommission.The terms of Don Vasatka, Bill Chappell, Charlotte Chappell, and David Hess are expiring.DonVasatka and Bill Chappell have reapplied.Two additional applications were received, of which one is still active.Planning Commission applicant Greg Hawksrecently decided to apply to the Environmental Commission as a second choice, bringing the total additionalapplications back to two.*Appointments will allow for even distribution of staggered terms in the future as follows:·Two terms ending in 2019·Two terms ending in 2020·Three terms ending in 2021The Environmental Commission ranked the candidates as shown in the attached memo from Environmental ResourcesCoordinator Jill Sinclair.Also attached is an applications summary to assist the City Council in ranking the candidates.Senior CommissionThere are three threeyear positions and one twoyear position available for appointment to the Senior Commission.The terms of Commissioners Barbara Nevin and Dorina Tipton are expiring, as well as the position vacated by CamilleSwanson in May of 2017. Incumbents Barbara Nevin and Dorina Tipton have reapplied. Also, Commissioner BarbaraChadwick resigned in February leaving a twoyear vacancy.Four new applications have been received. The Senior Commission was unable to interview the new candidates due to lack of a quorum.Since the Senior Commission has the option of appointing seven or eight members, Council may or may not choose to appoint another candidate from the pool of commission applications.Attached is an applications summary to assist the City Council in ranking the candidates. ATTACHMENTS: City Code, Section 246. Appointment to city committees and commissions Planning Commission 2017 Attendance Record Park & Recreation Commission 2017 Attendance Record Environmental Commission 201718 Attendance Record Senior Commission 201718 Attendance Record Page 1 ARTICLE IV. - BOARDS AND COMMISSIONS[4] Footnotes: --- (4) --- Cross reference— Park and recreation commission, § 14-16 et seq.; planning commission, § 15-16 et seq. State Law reference— Authority to establish advisory boards and commissions, M.S. § 412.621(2). DIVISION 1. - GENERALLY Sec. 2-46. - Appointment to city committees and commissions. All vacancies on committees, commissions, and boards shall be advertised to seek applicants. The city council may interview applicants before making appointment. With the exception of the housing and redevelopment authority, all appointments shall be by majority vote of the city council. Once appointed, an applicant shall serve until removed, with or without cause, by a four-fifths vote of the city council, until the expiration of the term of appointment and following appointment of the applicant's successor. Vacancies during a term shall be filled for the unexpired portion of the term. Sec. 2-46.01. - Same—Generally. The council determines the duties and exercises the powers of administrative boards or commissions. However, the council may establish boards or commissions as set forth in this article to investigate subjects or to perform quasi-judicial functions. Additional administrative boards or commissions shall be established as required by law or for the administration of a municipal function jointly shared with another political subdivision. (Ord. No. 363, § 4, 1-12-04) Sec. 2-46.03. - Planning commission. (a) Commission established. The planning commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The planning commission is hereby designated the planning agency of the city pursuant to the Municipal Planning Act. (b) Membership. The planning commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the planning commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. Page 2 (d) Powers and duties. The planning commission shall have the powers and duties allowed under state law, including: (1) To prepare a comprehensive plan for the future development of the city that is submitted to the council for implementation and to recommend amendments of the plan to the council from time to time as may be necessary or desirable. (2) To initiate, direct, and review, from time to time, a study of the provisions of the zoning code and the subdivision regulations and to report to the council its advice and recommendations with respect thereto. (3) To study applications and proposals for amendments to the zoning code and applications for special permits and to advise the council of its recommendations thereon. (4) To study preliminary plats and to advise the council of its recommendations thereof. (5) To act in an advisory capacity to the council in all matters wherein powers are assigned to the council by state law concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 5, 1-12-04) Sec. 2-46.05. - Park and recreation commission. (a) Creation. There is established a park and recreation commission for the city. (b) Membership. The park and recreation commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. Additionally, the commission may also have one or two youth representatives who shall also be voting members. Youth representatives shall be appointed for one-year terms. (c) Officers; meetings. The chairperson and vice chairperson of the park and recreation commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The park and recreation commission shall have the following powers and duties: (1) To hold meetings of its members, to consider such matters pertaining to parks and public recreation programs in the city as shall be referred to the commission by the council, or as the members of the commission themselves deem proper. (2) To prepare a comprehensive plan for the future development of the city park and recreation system, to be submitted to the city council for implementation, and to maintain said plan, and recommend amendments of the plan to the city council, as may become necessary or desirable. (3) To act in an advisory capacity to the council in all matters relating to park and recreation in the city. (e) Reports. The commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 6, 1-12-04; Ord. No. 582, § 1, 4-22-13) Page 3 Sec. 2-46.07. - Board of adjustments and appeals. Pursuant to M.S. § 462.354, a board of adjustments and appeals is hereby established. The planning commission shall serve as the board of adjustments and appeals. (Ord. No. 363, § 7, 1-12-04) Sec. 2-46.09. - Environmental commission. (a) Commission established. The environmental commission is established to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. (b) Membership. The environmental commission consists of seven members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the environmental commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The environmental commission has the following powers and duties: (1) The environmental commission shall serve as an advisory body to the city council and planning commission in addressing the needs of the environment as directed by the city council. All final decisions are to be made by the city council. (2) The environmental commission will consider and make recommendations at the direction of the city council regarding environmental issues. (3) The environmental commission will make recommendations at the direction of the city council regarding funding for environmental projects. (4) The environmental commission may propose studies to the city council and make recommendations according to the results. (5) The environmental commission will coordinate services with other governmental and private agencies for related issues. (e) Reports. The environmental commission shall make an annual written report to the council, not later than March 31 of each calendar year, containing the commission's recommendations for the ensuing year. (Ord. No. 363, § 8, 1-12-04) Sec. 2-46.11. - Senior commission. (a) Commission established. The senior commission serves as an advisory body to the city council in addressing the special needs of people over age 55 living in Chanhassen. They consider and make recommendations to the city council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational Page 4 programs, senior center and senior housing, but are not limited to these issues. All final decisions are made by the city council. (b) Membership. The senior commission consists of seven or eight members appointed in the manner set forth in this subsection. Members of the commission are appointed by the council for staggered terms of three years, expiring on March 31 of each year. (c) Officers; meetings. The chairperson and vice chairperson of the senior commission are appointed by the commission from among its membership for the term of one year. The commission shall adopt its own bylaws with the approval of the city council. All members of the commission may vote on all questions before the commission. No member of the commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (d) Powers and duties. The senior commission shall have the following powers and duties: (1) They make recommendations to the city council regarding funding for special services to be provided for citizens over age 55. (2) They may propose needs studies for this age group where necessary and make recommendations to the city council based on the results. (3) They coordinate services with other governments and private agencies for this age group. (e) Reports. The commission shall make an annual written report to the council, not later than the last day of March of each calendar year, containing the comm ission's recommendations for the ensuing year. (Ord. No. 363, § 9, 1-12-04; Ord. No. 581, § 1, 4-8-13) Sec. 2-46.15. - Resignations and removal from commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the city council. Vacancies on any advisory board or commission shall be filled by appointment with a majority vote of the city council. Vacancies shall be announced in the city's official newspaper and posted within city hall. Applications shall be available at the city clerk's office and shall be forwarded to the city council within the time prescribed. (Ord. No. 363, § 10, 1-12-04) Sec. 2-46.17. - Compensation. Commissioners shall serve without compensation. (Ord. No. 363, § 11, 1-12-04) Secs. 2-47—2-55. - Reserved. DIVISION 2. - HOUSING AND REDEVELOPMENT AUTHORITY[5] Footnotes: --- (5) --- Page 5 State Law reference— Creation of city housing and redevelopment authority, M.S. § 469.003. Sec. 2-56. - Authority to adopt housing plan, issue bonds, etc. The city economic development authority is authorized to exercise on behalf of the city all of the powers conferred by M.S. §§ 462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and program and to issue and sell mortgage revenue bonds for single family housing. (Ord. No. 75, 11-7-83; Ord. No. 363, § 12, 1-12-04) Secs. 2-57—2-65. - Reserved. DIVISION 3. - RESERVED[6] Footnotes: --- (6) --- Editor's note—Ord. No. 363, § 13, adopted Jan. 12, 2004, repealed Div. 3, which pertained to the public safety commissions and derived from Ord. No. 70-B, §§ 1.01, 3.02, 4.02, 5.01, and 6.01, adopted Oct. 1, 1984; Ord. No. 166, §§ 1 and 2, adopted Apr. 27, 1992; Ord. No. 268, § 1, adopted May 12, 1997; and Ord. No. 298, § 2, adopted Feb. 14, 2000. Secs. 2-66—2-71. - Reserved. 2017 PLANNING COMMISSION ATTENDANCE LOG January 3January 17February 7February 21March 7March 21April 4April 18May 2May 16June 6June 20July 5July 18August 1August 15September 5September 19Otober 3October 17November 7November 21December 5Percentage of Attendance Aller 4/10 - 4/16 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 94% Undestad 4/5 - 4/17 1 1 1 1 1 0 1 1 1 1 1 0 1 1 1 0 1 82% Yusuf 4/13 - 4/18 0 1 1 1 0 1 1 1 0 1 0 1 47% Weick 4/13 - 4/16 1 1 1 1 1 0 1 0 1 1 1 1 1 0 1 1 0 76% Tietz 4/15 - 4/17 1 0 0 0 1 1 1 1 1 1 1 1 0 1 1 1 1 76% Randall 5/16 - 4/18 0 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 88% Madsen 4/15 - 4/16 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 0 88% Total Attended 5 0 5 6 5 0 6 5 6 6 6 7 0 6 6 0 5 0 5 6 0 5 4 Number of meetings to date:17 2017 PARK & RECREATION COMMISSION ATTENDANCE RECORD Commissioner Jan 24 Feb 28 Mar 28 Apr 25 May 23 June 27 July 25 Aug 22 Sept 26 Oct Nov 28 Dec 12 Percent of Meetings Attended Brent Carron, Vice-Chair (4/11 – 4/17) X X X 100% Karl Tsuchiya (4/17 – 4/20) X X X X X X X X 100% Steve Scharfenberg (4/04 – 4/20) X X X X X X X X A X X 91% Cole Kelly, Chair (4/10 – 4/19) A X X X X X X X X X X 91% Jim Boettcher (4/12 – 4/18) X X X X X A X X X X X 91% Rick Echternacht (4/13 – 4/19) X X X X X X X A X X X 91% Luke Thunberg (4/13 – 4/17) X X X 100% Meredith Petouvis (4/17 – 4/20) X X X X X X X X 100% Jennifer Hougham (4/15 – 4/18) X X X X X X X X X X X 100% Lauren Dale Youth Representative (4/15 – 4/18) A X A X X X X X X A A N/A Grant Schaeferle Youth Representative (4/17 – 4/18) X X X X X X X X N/A The city council requests a 75% attendance record (does not apply to Youth Representatives). g:\park\th\commission\attendance\prc attendance 2017.docx Environmental Commission Attendance April 2017 – March 2018 Name April May June July Aug Joint Tour* Sept Oct Nov Dec Jan Feb March Percent Attended Don Vasatka X A X X X X X X X X X A 81% David Hess A A X X X X X X X A A 63% Wayne Benbow X A X X X X X A X X A 72% Charlotte Chappell X X X X X X A X X X X X 90% Bill Chappell X X X X X A A X X X X X 81% Rachel Popken X X X A X X X X A X A new baby A 63% Keith Butcher X X X A X X X X X X X 100% X = meeting attended *= attendance not required 2017-2018 SENIOR COMMISSION ATTENDANCE RECORD Commissioner Apr 14 May 19 June 16 July 14 Aug 18 Sept 15 Oct 20 Nov 17 Dec 15 Jan 19 Feb 16 Mar 16 Percent of Meetings Attended Dorina A. Tipton X X NO MEETING NO MEETING NO MEETING NO MEETING X NO MEETING NO MEETING X NO MEETING NO MEETING 100% Barbara Chadwick X X A A 50% Cheryl Ayotte X X X X 100% Carol Buesgens X X X A 75% Barbara Nevin X X X X 100% Camille Swanson A --- --- --- 0% Jackie Engel X X X A 75% • Due to a number of Act on Alzheimer’s meetings, no Senior Commission meetings were held in June, July, August, September, November, December 2017 and February 2018. • Commissioner Swanson resigned on May 18, 2017. • Commissioner Chadwick resigned on February 26, 2018. g:\plan\sj\sc\attendance\2018-19.docx CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject February 2018 Web Analytics Overview Section CORRESPONDENCE DISCUSSION Item No: L.1. Prepared By Kim Meuwissen, Office Manager File No: ATTACHMENTS: February 2018 Website Analytics Overview Top Channels Users Conversions Acquisition Behavior Set up a goal. To see outcome metrics, define one or more goals. GET STARTED Conversions Acquisition Overview Feb 1, 2018 -Feb 28, 2018 Primary Dimension:Conversion: Edit Channel Grouping To see all 5 Channels click here. Top Channels All Goals Organic Search Direct Social Referral (Other) 7.8% 21.2% 67.9% Users Goal Conversion Rate …Feb 8 Feb 15 Feb 22 500500 1,0001,000 …Feb 8 Feb 15 Feb 22 0.00%0.00% 100.00%100.00% 1 Organic Search 2 Direct 3 Social 4 Referral 5 (Other) Users 10,228 New Users 8,360 Sessions 15,581 7,099 2,215 819 316 1 Bounce Rate 58.27% Pages / Session 2.31 Avg. Session Duration 00:02:36 54.05% 64.14% 72.75% 50.47% 100.00% © 2018 Google All Users 100.00% Users City of Chanhassen All Web Site Data GO TO REPORT Page Rows 1 - 10 of 2086 Pages Feb 1, 2018 -Feb 28, 2018 Explorer Pageviews Unique Pageviews Avg. Time on Page Entrances Bounce Rate % Exit Page Value 35,999 % of Total:100.00% (35,999) 27,504 % of Total:100.00% (27,504) 00:01:59 Avg for View:00:01:59 (0.00%) 15,581 % of Total:100.00% (15,581) 58.27% Avg for View:58.27% (0.00%) 43.28% Avg for View:43.28% (0.00%) $0.00 % of Total:0.00% ($0.00) 1.5,606 (15.57%) 3,473 (12.63%)00:02:27 3,249 (20.85%)34.60%28.04%$0.00 (0.00%) 2.4,057 (11.27%) 2,751 (10.00%)00:05:00 2,375 (15.24%)74.86%62.04%$0.00 (0.00%) 3.1,237 (3.44%) 919 (3.34%)00:01:33 715 (4.59%)51.75%46.48%$0.00 (0.00%) 4.1,192 (3.31%) 1,036 (3.77%)00:00:48 925 (5.94%)28.00%29.95%$0.00 (0.00%) 5.849 (2.36%) 781 (2.84%)00:02:15 462 (2.97%)86.58%78.33%$0.00 (0.00%) 6.832 (2.31%) 701 (2.55%)00:02:51 387 (2.48%)84.75%69.47%$0.00 (0.00%) 7.826 (2.29%) 675 (2.45%)00:03:41 263 (1.69%)80.99%64.41%$0.00 (0.00%) 8.688 (1.91%) 548 (1.99%)00:00:51 210 (1.35%)45.24%29.51%$0.00 (0.00%) 9.556 (1.54%) 348 (1.27%)00:00:51 124 (0.80%)26.61%14.57%$0.00 (0.00%) 10.548 (1.52%) 476 (1.73%)00:03:57 423 (2.71%)83.69%79.74%$0.00 (0.00%) Pageviews …Feb 8 Feb 15 Feb 22 1,5001,500 3,0003,000 / /888/Medallion-Hunt /270/February-Festival /296/Recreation-Center /301/Gym-Schedule /1018/Job-Opportunities /240/Agendas-Minutes-Videos /31/Parks-Recreation /194/Proposed-Developments /289/Ice-Skating-Rinks © 2018 Google All Users 100.00% Pageviews City of Chanhassen All Web Site Data GO TO REPORT Search Term Rows 1 - 10 of 793 Search Terms Feb 1, 2018 -Feb 28, 2018 Explorer Site Usage Total Unique Searches Results Pageviews / Search % Search Exits % Search Refinements Time after Search Avg. Search Depth 993 % of Total:100.00% (993) 1.23 Avg for View:1.23 (0.00%) 28.00% Avg for View:28.00% (0.00%) 18.03% Avg for View:18.03% (0.00%) 00:02:54 Avg for View:00:02:54 (0.00%) 1.67 Avg for View:1.67 (0.00%) 1.Medallion Hunt 16 (1.61%)1.00 6.25%6.25%00:02:21 1.44 2.medallion 14 (1.41%)1.14 0.00%0.00%00:03:42 1.71 3.avienda 6 (0.60%)1.00 33.33%0.00%00:02:25 1.67 4.pickleball 6 (0.60%)1.50 16.67%0.00%00:02:09 2.33 5.Avienda 5 (0.50%)1.60 40.00%0.00%00:08:47 3.60 6.jobs 5 (0.50%)1.40 40.00%14.29%00:00:58 1.00 7.Medallion 5 (0.50%)1.00 0.00%0.00%00:08:18 1.40 8.Medallion Hunt Clues 2017 5 (0.50%)1.00 0.00%20.00%00:01:54 1.80 9.Daddy Daughter Sweetheart Dance 2018 HP 4 (0.40%)1.25 25.00%0.00%00:01:10 1.25 10.February Festival 4 (0.40%)1.00 0.00%50.00%00:00:41 2.50 Total Unique Searches …Feb 8 Feb 15 Feb 22 4040 8080 © 2018 Google All Users 100.00% Total Unique Searches City of ChanhassenAll Web Site Data GO TO REPORT Rows 1 - 3 of 3 Overview Feb 1, 2018 -Feb 28, 2018 Explorer Summary 10,228 % of Total: 100.00% (10,228) 10,228 % of Total: 100.00% (10,228) 1.desktop5,31551.73% 2.mobile4,24941.35% 3.tablet7116.92% Users …Feb 8Feb 15 Feb 22 500500 1,0001,000 Device CategoryUsersUsers Contribution to total: Users 6.9% 41.4%51.7% © 2018 Google All Users 100.00% Users City of Chanhassen All Web Site Data GO TO REPORT Rows 1 - 3 of 3 Overview Feb 1, 2018 -Feb 28, 2018 Explorer Summary 10,228 % of Total: 100.00% (10,228) 10,228 % of Total: 100.00% (10,228) 1.desktop 5,315 51.73% 2.mobile 4,249 41.35% 3.tablet 711 6.92% Users …Feb 8 Feb 15 Feb 22 500500 1,0001,000 Device Category Users Users Contribution to total: Users 6.9% 41.4%51.7% © 2018 Google All Users 100.00% Users City of Chanhassen All Web Site Data GO TO REPORT FEBRUARY 2018 WEBSITE ANALYTICS OVERVIEW Language Users % Users 1.en-us 10,093 98.60% 2.en-gb 31 0.30% 3.ko 16 0.16% 4.de-de 7 0.07% 5.es-419 7 0.07% 6.ja-jp 7 0.07% 7.en-ca 5 0.05% 8.es-es 5 0.05% 9.zh-cn 5 0.05% 10.cs-cz 4 0.04% Audience Overview Feb 1, 2018 -Feb 28, 2018 Overview Sessions Pageviews …Feb 8 Feb 15 Feb 22 600600 1,2001,200 1,5001,500 3,0003,000 Users 10,228 New Users 8,360 Sessions 15,581 Number of Sessions per User 1.52 Pageviews 35,999 Pages / Session 2.31 Avg. Session Duration 00:02:36 Bounce Rate 58.27% New Visitor Returning Visitor 27.5% 72.5% © 2018 Google All Users100.00% UsersCity of ChanhassenAll Web Site Data GO TO REPORT SESSIONS VS. PAGEVIEWS 15,581 Sessions vs. 35,999 Pageviews Session: The period of time a user is actively engaged with our website, app, etc. Pageview: Total # of pages viewed. Repeated views of a single page are counted. HOW ARE THEY FINDING US? 7,099 Organic Search 2,215 Direct 819 Social 316 Referral WHAT ARE THEY USING TO VIEW OUR SITE? WHAT ARE THEY SEARCHING FOR?WHAT PAGES ARE THEY VISITING? NEW VS. RETURNING VISITOR 8,382 New Visitors 3,158 Returning Visitors WHAT CAN WE LEARN? Sessions and pageviews declined from January’s all-time high. Community events and Rec programs continue to generate a large portion of traffic. Facebook accounted for 1,811 sessions, while Twitter only accounted for 152. The average session length was 2:36. CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Review of Claims Paid 03262018 Section CORRESPONDENCE DISCUSSION Item No: L.2. Prepared By Greg Sticha, Finance Director File No: SUMMARY The following claims are submitted for review on March 26, 2018: Check Numbers Amounts 166766 – 166839 $304,965.12 ACH Payments $1,568,369.98 Total All Claims $1,873,335.10 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 3/16/2018 8:21 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount DowdTroo Troon Dowds 03/08/2018 0.00 8.60166766 GRETMADE Madeline Grette 03/08/2018 0.00 50.00166767 WINCOM WINGFOOT COMMERCIAL TIRE 03/08/2018 VOID 136.81 0.00166768 413FIT 413 FITNESS 03/08/2018 0.00 181.00166769 BCATRA BCA 03/08/2018 0.00 60.00166770 BENPRO BENIEK PROPERTY SERVICES INC 03/08/2018 0.00 2,130.00166771 BERGJOHN Berg-Johnson Associates, Inc 03/08/2018 0.00 1,168.48166772 BOUMED BOUND TREE MEDICAL LLC 03/08/2018 0.00 754.79166773 CENENE CENTERPOINT ENERGY MINNEGASCO 03/08/2018 0.00 9,539.13166774 EmbMinn CENTURYLINK 03/08/2018 0.00 1,848.33166775 CHASKA CITY OF CHASKA 03/08/2018 0.00 447.50166776 CORMAI CORE & MAIN LP 03/08/2018 0.00 801.18166777 CUBFOO CUB FOODS 03/08/2018 0.00 42.81166778 DeZuri DeZurik, Inc.03/08/2018 0.00 631.00166779 FlePri FleetPride, Inc.03/08/2018 0.00 135.66166780 HOOTHREA HOOPS AND THREADS LLC 03/08/2018 0.00 80.00166781 JOHNNANC NANCY JOHNSON 03/08/2018 0.00 10.00166782 LANEQ1 Lano Equipment 03/08/2018 0.00 220.92166783 LEAINS LEAGUE OF MN CITIES INS TRUST 03/08/2018 0.00 160.52166784 METCO2 METROPOLITAN COUNCIL 03/08/2018 0.00 152,094.89166785 MNHEAL MN DEPT OF HEALTH 03/08/2018 0.00 32.00166786 PREMRM PRECISE MRM LLC 03/08/2018 0.00 359.69166787 RotRoo Roto Rooter Services Company 03/08/2018 0.00 88.80166788 SHEWIL SHERWIN WILLIAMS 03/08/2018 0.00 153.27166789 SHOTRU SHOREWOOD TRUE VALUE 03/08/2018 0.00 21.75166790 SOFHOU SOFTWARE HOUSE INTERNATIONAL 03/08/2018 0.00 4,113.00166791 UPS UNITED PARCEL SERVICE 03/08/2018 0.00 56.59166792 VICREP VICTORIA REPAIR & MFG 03/08/2018 0.00 26.00166793 VisSew Visu-Sewer Inc 03/08/2018 0.00 15,897.03166794 WastMana Waste Management of Minnesota, Inc 03/08/2018 0.00 867.15166795 GooCom Goodyear Commercial Tire & Service Centers03/08/2018 0.00 136.81166796 Abra Abrakadoodle 03/15/2018 0.00 180.00166797 ACCEABIL AccessAbility Business Services 03/15/2018 0.00 15.00166798 APWA AMERICAN PUBLIC WORKS ASSOC 03/15/2018 0.00 825.00166799 APAGRO APACHE GROUP 03/15/2018 0.00 1,412.95166800 BCATRA BCA 03/15/2018 0.00 60.00166801 BluCro BCBSM, Inc.03/15/2018 0.00 86,092.11166802 BLUEOX Blue Ox Heating & Air LLC 03/15/2018 0.00 15.00166803 BORSTA BORDER STATES ELECTRIC SUPPLY 03/15/2018 0.00 215.40166804 BOYBUI BOYER BUILDING CORPORATION 03/15/2018 0.00 1,000.00166805 UB*01347 BURNET TITLE 03/15/2018 0.00 53.45166806 UB*01344 BURNET TITLE LLC 03/15/2018 0.00 44.13166807 UB*01352 BURNET TITLE LLC 03/15/2018 0.00 128.45166808 UB*01345 CAMBRIA TITLE TRUST ACCOUNT 03/15/2018 0.00 156.21166809 CENENE CENTERPOINT ENERGY MINNEGASCO 03/15/2018 0.00 1,767.09166810 CenLin CenturyLink 03/15/2018 0.00 64.00166811 CORMAI CORE & MAIN LP 03/15/2018 0.00 682.86166812 Page 1AP Checks by Date - Summary by Check Number (3/16/2018 8:21 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount CulBot Culligan Bottled Water 03/15/2018 0.00 78.46166813 UB*01349 LORI DOLAN 03/15/2018 0.00 8.24166814 DowdTroo Troon Dowds 03/15/2018 0.00 9.14166815 EHLERS EHLERS & ASSOCIATES INC 03/15/2018 0.00 290.00166816 GENEBOB BOB GENEROUS 03/15/2018 0.00 19.50166817 GOODIN GOODIN COMPANY 03/15/2018 0.00 116.89166818 GORJAM GORDON JAMES CONSTRUCTION INC 03/15/2018 0.00 2,500.00166819 hartlife Hartford Life and Accident Insurance Company03/15/2018 0.00 3,197.07166820 ICMART ICMA RETIREMENT AND TRUST-457 03/15/2018 0.00 1,445.83166821 KENGRA KENNEDY & GRAVEN, CHARTERED 03/15/2018 0.00 109.50166822 KOSKDUST DUSTIN KOSKELA 03/15/2018 0.00 200.00166823 LEAMIN LEAGUE OF MINNESOTA CITIES 03/15/2018 0.00 198.00166824 UB*01351 LIBERTY TITLE INC 03/15/2018 0.00 37.05166825 MNMar MN State Fire Marshal 03/15/2018 0.00 155.00166826 NOBWIN NOBLE WINDOWS INC 03/15/2018 0.00 559.50166827 pickjosh Josh Pickard 03/15/2018 0.00 1,500.00166828 UB*01350 REGIS TITLE 03/15/2018 0.00 20.32166829 senlea SENIOR LEARNING NETWORK 03/15/2018 0.00 45.00166830 SHEWIL SHERWIN WILLIAMS 03/15/2018 0.00 611.16166831 SIGNSO SIGNSOURCE 03/15/2018 0.00 151.00166832 SOFHOU SOFTWARE HOUSE INTERNATIONAL 03/15/2018 0.00 1,667.88166833 SOUSUB Southwest Suburban Publishing 03/15/2018 0.00 1,709.28166834 UB*01348 THE CHERI D MARTIN TRUST 03/15/2018 0.00 5.44166835 Travel TRAVELERS 03/15/2018 0.00 4,291.00166836 UnitRent United Rentals (North America), Inc.03/15/2018 0.00 1,050.00166837 UB*01346 WATERMARK TITLE AGENCY 03/15/2018 0.00 61.31166838 WINGRICH RICHARD WING 03/15/2018 0.00 100.00166839 Report Total (74 checks): 304,965.12 136.81 Page 2AP Checks by Date - Summary by Check Number (3/16/2018 8:21 AM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 3/16/2018 8:23 AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH 3RDLAI 3RD LAIR SKATEPARK 03/08/2018 0.00 500.00 ACH A1ELE A-1 ELECTRIC SERVICE 03/08/2018 0.00 1,307.64 ACH AE2SCON AE2S CONSTRUCTION LLC 03/08/2018 0.00 5,668.25 ACH ANCTEC ANCOM TECHNICAL CENTER 03/08/2018 0.00 107.00 ACH CHOELE CHOICE ELECTRIC 03/08/2018 0.00 1,323.29 ACH PedrChri Christine Lea Pedretti 03/08/2018 0.00 857.35 ACH COMINT COMPUTER INTEGRATION TECHN. 03/08/2018 0.00 2,158.00 ACH ELEPUM ELECTRIC PUMP INC 03/08/2018 0.00 10.86 ACH engwat Engel Water Testing Inc 03/08/2018 0.00 1,000.00 ACH GSSys GS Systems, Inc. 03/08/2018 0.00 210.00 ACH H&LMES H & L Mesabi 03/08/2018 0.00 648.00 ACH HAWCHE HAWKINS CHEMICAL 03/08/2018 0.00 7,828.68 ACH HydKle Hydro-Klean LLC 03/08/2018 0.00 699.63 ACH IMPPOR IMPERIAL PORTA PALACE 03/08/2018 0.00 775.00 ACH InnOff Innovative Office Solutions LLC 03/08/2018 0.00 392.77 ACH JOHSUP JOHNSTONE SUPPLY 03/08/2018 0.00 127.30 ACH AlHiJuli Juli Al-Hilwani 03/08/2018 0.00 285.00 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 03/08/2018 0.00 17,884.51 ACH Marco Marco Inc 03/08/2018 0.00 925.65 ACH MatTri Matheson Tri-Gas, Inc. 03/08/2018 0.00 179.90 ACH MERACE MERLINS ACE HARDWARE 03/08/2018 0.00 876.92 ACH METCO Metropolitan Council, Env Svcs 03/08/2018 0.00 17,221.05 ACH MINNOCC MINNESOTA OCCUPATIONAL HEALTH 03/08/2018 0.00 253.00 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 03/08/2018 0.00 1,731.37 ACH MVEC MN VALLEY ELECTRIC COOP 03/08/2018 0.00 7,228.37 ACH NAPA NAPA AUTO & TRUCK PARTS 03/08/2018 0.00 40.53 ACH OREAUT O'Reilly Automotive Inc 03/08/2018 0.00 136.14 ACH PotMN Potentia MN Solar 03/08/2018 0.00 4,863.82 ACH QUAFLO Quality Flow Systems Inc 03/08/2018 0.00 3,570.00 ACH HLBTAU REDPATH AND COMPANY, LTD 03/08/2018 0.00 2,000.00 ACH RICLAK RICE LAKE CONSTRUCTION GROUP 03/08/2018 0.00 1,148,902.21 ACH SRFCON SRF CONSULTING GROUP INC 03/08/2018 0.00 326.69 ACH TBEI TBEI, Inc 03/08/2018 0.00 488.00 ACH UniAth Universal Athletic Services, Inc. 03/08/2018 0.00 1,473.01 ACH VERIZO VERIZON WIRELESS 03/08/2018 0.00 4,098.00 ACH WENCK WENCK ASSOCIATES INC 03/08/2018 0.00 5,714.27 ACH WENCK WENCK ASSOCIATES INC 03/08/2018 0.00 6,880.69 ACH WMMUE WM MUELLER & SONS INC 03/08/2018 0.00 3,601.00 ACH WSB WSB & ASSOCIATES INC 03/08/2018 0.00 35,474.50 ACH WSB WSB & ASSOCIATES INC 03/08/2018 0.00 5,327.00 ACH WWGRA WW GRAINGER INC 03/08/2018 0.00 631.97 ACH XCEL XCEL ENERGY INC 03/08/2018 0.00 21,147.23 ACH A1ELE A-1 ELECTRIC SERVICE 03/15/2018 0.00 1,104.09 ACH ADAPES ADAM'S PEST CONTROL INC 03/15/2018 0.00 375.00 Page 1 of 2 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH BATPLU BATTERIES PLUS 03/15/2018 0.00 12.95 ACH CAMKNU CAMPBELL KNUTSON 03/15/2018 0.00 13,991.95 ACH carcou Carver County 03/15/2018 0.00 547.50 ACH Choice Choice, Inc. 03/15/2018 0.00 181.34 ACH HANTHO HANSEN THORP PELLINEN OLSON 03/15/2018 0.00 544.50 ACH HAWCHE HAWKINS CHEMICAL 03/15/2018 0.00 210.00 ACH InnOff Innovative Office Solutions LLC 03/15/2018 0.00 215.58 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 03/15/2018 0.00 120.00 ACH MVEC MN VALLEY ELECTRIC COOP 03/15/2018 0.00 199.04 ACH QUAFLO Quality Flow Systems Inc 03/15/2018 0.00 1,353.96 ACH SPRPCS SPRINT PCS 03/15/2018 0.00 103.44 ACH SPSCOM SPS COMPANIES INC 03/15/2018 0.00 133.98 ACH MINCON SUMMIT COMPANIES 03/15/2018 0.00 370.00 ACH Nyhart The Howard E. Nyhart Co. Inc 03/15/2018 0.00 2,100.00 ACH UNIWAY UNITED WAY 03/15/2018 0.00 28.40 ACH VALPAV VALLEY PAVING INC 03/15/2018 0.00 224,941.15 ACH WSB WSB & ASSOCIATES INC 03/15/2018 0.00 6,962.50 Report Total: 0.00 1,568,369.98 Page 2 of 2 Accounts Payable Check Detail-Checks User: dwashburn Printed: 03/16/2018 - 8:32 AM Name Check D Account Description Amount 413 FITNESS 03/08/2018 101-1533-4300 Personal Training 181.00 413 FITNESS 181.00 Abrakadoodle 03/15/2018 101-1731-3636 Abrakadoodle camp-Girls w/Glitter 2/19 180.00 Abrakadoodle 180.00 AccessAbility Business Services 03/15/2018 101-1160-4300 Document Destruction Service 15.00 AccessAbility Business Services 15.00 AMERICAN PUBLIC WORKS ASSOC 03/15/2018 101-1310-4360 ID: 43762 Renewal Dues 825.00 AMERICAN PUBLIC WORKS ASSOC 825.00 APACHE GROUP 03/15/2018 101-1370-4150 toilet tissue/roll towels/towels 1,412.95 APACHE GROUP 1,412.95 BCA 03/08/2018 101-1120-4300 background investigation 60.00 BCA 03/15/2018 101-1120-4300 background investigation 60.00 BCA 120.00 BCBSM, Inc.03/15/2018 101-0000-2012 April Family 47,093.55 BCBSM, Inc.03/15/2018 101-0000-2012 April Family-Cobra 1,748.74 BCBSM, Inc.03/15/2018 700-0000-2012 April Family 6,627.74 BCBSM, Inc.03/15/2018 701-0000-2012 April Family 4,879.00 BCBSM, Inc.03/15/2018 720-0000-2012 April Family 2,605.61 BCBSM, Inc.03/15/2018 101-0000-2012 April Single 16,723.06 BCBSM, Inc.03/15/2018 210-0000-2012 April Single 874.64 BCBSM, Inc.03/15/2018 700-0000-2012 April Single 2,361.52 BCBSM, Inc.03/15/2018 701-0000-2012 April Single 1,661.81 BCBSM, Inc.03/15/2018 720-0000-2012 April Single 1,469.40 BCBSM, Inc.03/15/2018 101-1220-4483 April Firefighter EAP 47.04 BCBSM, Inc. 86,092.11 BENIEK PROPERTY SERVICES INC 03/08/2018 101-1550-4300 Snowplowing Commercial 2,130.00 BENIEK PROPERTY SERVICES INC 2,130.00 Berg-Johnson Associates, Inc 03/08/2018 700-0000-4530 Ametek Transmitter/Cable w/breather tube 1,168.48 Berg-Johnson Associates, Inc 1,168.48 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 1 of 8 Name Check D Account Description Amount Blue Ox Heating & Air LLC 03/15/2018 101-0000-2033 overpayment on HVAC/Mech/Gas permit-741 Bighorn Dr 15.00 Blue Ox Heating & Air LLC 15.00 BORDER STATES ELECTRIC SUPPLY 03/15/2018 701-0000-4530 SCB-200 (256410) , SCB-150 (253850) 524.89 BORDER STATES ELECTRIC SUPPLY 03/15/2018 101-1170-4510 Emergency Light 56.26 BORDER STATES ELECTRIC SUPPLY 03/15/2018 101-1170-4510 Lamps 167.64 BORDER STATES ELECTRIC SUPPLY 03/15/2018 701-0000-4530 SRIG CBL 120V (1000FT RL)-5.10 BORDER STATES ELECTRIC SUPPLY 03/15/2018 701-0000-4530 ATEMNO TEMP CONTROL SWITCH -528.29 BORDER STATES ELECTRIC SUPPLY 215.40 BOUND TREE MEDICAL LLC 03/08/2018 101-1220-4130 i-gel O2 Resus Packs 754.79 BOUND TREE MEDICAL LLC 754.79 BOYER BUILDING CORPORATION 03/15/2018 815-8203-2024 Grading Escrow-2991 Washta Bay Court 1,000.00 BOYER BUILDING CORPORATION 1,000.00 BURNET TITLE 03/15/2018 700-0000-2020 Refund Check 16.86 BURNET TITLE 03/15/2018 701-0000-2020 Refund Check 26.55 BURNET TITLE 03/15/2018 720-0000-2020 Refund Check 7.37 BURNET TITLE 03/15/2018 700-0000-2020 Refund Check 2.67 BURNET TITLE 53.45 BURNET TITLE LLC 03/15/2018 700-0000-2020 Refund Check 15.81 BURNET TITLE LLC 03/15/2018 701-0000-2020 Refund Check 22.32 BURNET TITLE LLC 03/15/2018 720-0000-2020 Refund Check 5.06 BURNET TITLE LLC 03/15/2018 700-0000-2020 Refund Check 0.94 BURNET TITLE LLC 03/15/2018 700-0000-2020 Refund Check 2.97 BURNET TITLE LLC 03/15/2018 720-0000-2020 Refund Check 16.86 BURNET TITLE LLC 03/15/2018 700-0000-2020 Refund Check 41.55 BURNET TITLE LLC 03/15/2018 701-0000-2020 Refund Check 67.07 BURNET TITLE LLC 172.58 CAMBRIA TITLE TRUST ACCOUNT 03/15/2018 700-0000-2020 Refund Check 54.39 CAMBRIA TITLE TRUST ACCOUNT 03/15/2018 701-0000-2020 Refund Check 88.23 CAMBRIA TITLE TRUST ACCOUNT 03/15/2018 720-0000-2020 Refund Check 11.44 CAMBRIA TITLE TRUST ACCOUNT 03/15/2018 700-0000-2020 Refund Check 2.15 CAMBRIA TITLE TRUST ACCOUNT 156.21 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 101-1370-4320 gas charges 3,321.08 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 700-0000-4320 gas charges 415.14 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 701-0000-4320 gas charges 415.13 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 701-0000-4320 gas charges 16.98 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 101-1600-4320 gas charges 95.77 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 101-1550-4320 gas charges 602.17 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 700-0000-4320 gas charges 70.52 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 101-1170-4320 gas charges 1,624.72 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 101-1190-4320 gas charges 2,074.40 CENTERPOINT ENERGY MINNEGASCO 03/08/2018 700-7019-4320 gas charges 903.22 CENTERPOINT ENERGY MINNEGASCO 03/15/2018 101-1220-4320 monthly charges 1/26/18-02/23/18 1,179.26 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 2 of 8 Name Check D Account Description Amount CENTERPOINT ENERGY MINNEGASCO 03/15/2018 101-1530-4320 monthly charges 1/26/18-02/23/18 481.35 CENTERPOINT ENERGY MINNEGASCO 03/15/2018 101-1120-4320 monthly charges 1/26/18-02/23/18 106.48 CENTERPOINT ENERGY MINNEGASCO 11,306.22 CenturyLink 03/15/2018 700-0000-4310 Monthly Service March 2018 32.00 CenturyLink 03/15/2018 701-0000-4310 Monthly Service March 2018 32.00 CENTURYLINK 03/08/2018 101-1540-4310 phone charges 95.40 CENTURYLINK 03/08/2018 101-1190-4310 phone charges 127.17 CENTURYLINK 03/08/2018 101-1170-4310 phone charges 853.51 CENTURYLINK 03/08/2018 700-0000-4310 phone charges 6.36 CENTURYLINK 03/08/2018 701-0000-4310 phone charges 6.36 CENTURYLINK 03/08/2018 101-1550-4310 phone charges 30.04 CENTURYLINK 03/08/2018 101-1350-4310 phone charges 30.04 CENTURYLINK 03/08/2018 101-1220-4310 phone charges 33.04 CENTURYLINK 03/08/2018 101-1370-4310 phone charges 50.88 CENTURYLINK 03/08/2018 101-1160-4320 phone charges 125.00 CENTURYLINK 03/08/2018 700-0000-4310 phone charges 15.13 CENTURYLINK 03/08/2018 700-7019-4310 phone charges 210.27 CENTURYLINK 03/08/2018 701-0000-4310 phone charges 15.13 CENTURYLINK 03/08/2018 101-1160-4320 phone charges 250.00 CENTURYLINK 1,912.33 CITY OF CHASKA 03/08/2018 101-1560-4300 Forever Elvis-Paramount Trip-Transportation & Lunch balance 447.50 CITY OF CHASKA 447.50 CORE & MAIN LP 03/08/2018 700-0000-4552 Bend Epoxy, Redr Epoxy 425.28 CORE & MAIN LP 03/08/2018 700-0000-4550 8 EBAA MEGALUG MJ DI 1108 RSTR F/DI Pipe, Black 375.90 CORE & MAIN LP 03/15/2018 700-0000-4550 K528 Breakable Kit Flg WB-67 682.86 CORE & MAIN LP 1,484.04 CUB FOODS 03/08/2018 101-1220-4290 Spring Water 14.95 CUB FOODS 03/08/2018 101-1220-4290 Gain Detrgent Pwdr 11.80 CUB FOODS 03/08/2018 101-1220-4290 AH Landry Detergnt 16.06 CUB FOODS 42.81 Culligan Bottled Water 03/15/2018 101-1220-4300 Bottled water/March 2018 equipment rental 78.46 Culligan Bottled Water 78.46 DeZurik, Inc.03/08/2018 700-7019-4530 Cylinder Assy Pneumatic 8"-12" 631.00 DeZurik, Inc. 631.00 DOLAN LORI 03/15/2018 701-0000-2020 Refund Check 3.41 DOLAN LORI 03/15/2018 700-0000-2020 Refund Check 3.99 DOLAN LORI 03/15/2018 720-0000-2020 Refund Check 0.71 DOLAN LORI 03/15/2018 700-0000-2020 Refund Check 0.13 DOLAN LORI 8.24 Dowds Troon 03/08/2018 101-1220-4290 Fire Fighter of the year update on trophy 8.60 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 3 of 8 Name Check D Account Description Amount Dowds Troon 03/15/2018 101-1220-4290 update firefighter of the year plaque 9.14 Dowds Troon 17.74 EHLERS & ASSOCIATES INC 03/15/2018 101-1120-4370 Ehlers 2018 Public Finance Seminar 2/1/18-2/2/18 290.00 EHLERS & ASSOCIATES INC 290.00 FleetPride, Inc.03/08/2018 101-1370-4170 Fluid Diesel Exhaust 55 Gallon 135.66 FleetPride, Inc. 135.66 GENEROUS BOB 03/15/2018 101-1420-4370 parking-meeting council 19.50 GENEROUS BOB 19.50 GOODIN COMPANY 03/15/2018 101-1170-4510 Repair Women's toilet downstairs by kitchen 116.89 GOODIN COMPANY 116.89 Goodyear Commercial Tire & Service Centers 03/08/2018 101-1220-4140 GY 265/70R17 WRL HP 113S BSL 136.81 Goodyear Commercial Tire & Service Centers 136.81 GORDON JAMES CONSTRUCTION INC 03/15/2018 815-8226-2024 As-Built Escrow-7012 Dakota Ave 2,500.00 GORDON JAMES CONSTRUCTION INC 2,500.00 Grette Madeline 03/08/2018 101-1120-3206 Massage License 50.00 Grette Madeline 50.00 Hartford Life and Accident Insurance Company 03/15/2018 101-1120-4040 Feb 2018 insurance premium 69.45 Hartford Life and Accident Insurance Company 03/15/2018 101-1130-4040 Feb 2018 insurance premium 37.97 Hartford Life and Accident Insurance Company 03/15/2018 101-1160-4040 Feb 2018 insurance premium 24.74 Hartford Life and Accident Insurance Company 03/15/2018 101-1250-4040 Feb 2018 insurance premium 105.90 Hartford Life and Accident Insurance Company 03/15/2018 101-1310-4040 Feb 2018 insurance premium 96.10 Hartford Life and Accident Insurance Company 03/15/2018 101-1320-4040 Feb 2018 insurance premium 109.53 Hartford Life and Accident Insurance Company 03/15/2018 101-1370-4040 Feb 2018 insurance premium 43.89 Hartford Life and Accident Insurance Company 03/15/2018 101-1520-4040 Feb 2018 insurance premium 35.08 Hartford Life and Accident Insurance Company 03/15/2018 101-1530-4040 Feb 2018 insurance premium 14.05 Hartford Life and Accident Insurance Company 03/15/2018 101-1560-4040 Feb 2018 insurance premium 13.87 Hartford Life and Accident Insurance Company 03/15/2018 101-1600-4040 Feb 2018 insurance premium 22.34 Hartford Life and Accident Insurance Company 03/15/2018 101-1700-4040 Feb 2018 insurance premium 5.59 Hartford Life and Accident Insurance Company 03/15/2018 101-1550-4040 Feb 2018 insurance premium 101.70 Hartford Life and Accident Insurance Company 03/15/2018 101-1420-4040 Feb 2018 insurance premium 73.63 Hartford Life and Accident Insurance Company 03/15/2018 101-1430-4040 Feb 2018 insurance premium 4.67 Hartford Life and Accident Insurance Company 03/15/2018 210-0000-4040 Feb 2018 insurance premium 17.84 Hartford Life and Accident Insurance Company 03/15/2018 720-7201-4040 Feb 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 03/15/2018 720-7202-4040 Feb 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 03/15/2018 101-1170-4040 Feb 2018 insurance premium 12.37 Hartford Life and Accident Insurance Company 03/15/2018 101-1220-4040 Feb 2018 insurance premium 41.31 Hartford Life and Accident Insurance Company 03/15/2018 701-0000-4040 Feb 2018 insurance premium 77.64 Hartford Life and Accident Insurance Company 03/15/2018 700-0000-4040 Feb 2018 insurance premium 102.48 Hartford Life and Accident Insurance Company 03/15/2018 720-0000-4040 Feb 2018 insurance premium 37.37 Hartford Life and Accident Insurance Company 03/15/2018 101-1120-4040 Jan 2018 insurance premium 69.45 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 4 of 8 Name Check D Account Description Amount Hartford Life and Accident Insurance Company 03/15/2018 101-1130-4040 Jan 2018 insurance premium 37.87 Hartford Life and Accident Insurance Company 03/15/2018 101-1160-4040 Jan 2018 insurance premium 24.74 Hartford Life and Accident Insurance Company 03/15/2018 101-1250-4040 Jan 2018 insurance premium 105.90 Hartford Life and Accident Insurance Company 03/15/2018 101-1310-4040 Jan 2018 insurance premium 96.10 Hartford Life and Accident Insurance Company 03/15/2018 101-1320-4040 Jan 2018 insurance premium 109.53 Hartford Life and Accident Insurance Company 03/15/2018 101-1370-4040 Jan 2018 insurance premium 43.89 Hartford Life and Accident Insurance Company 03/15/2018 101-1520-4040 Jan 2018 insurance premium 35.08 Hartford Life and Accident Insurance Company 03/15/2018 101-1530-4040 Jan 2018 insurance premium 14.05 Hartford Life and Accident Insurance Company 03/15/2018 101-1560-4040 Jan 2018 insurance premium 13.87 Hartford Life and Accident Insurance Company 03/15/2018 101-1600-4040 Jan 2018 insurance premium 22.34 Hartford Life and Accident Insurance Company 03/15/2018 101-1700-4040 Jan 2018 insurance premium 5.59 Hartford Life and Accident Insurance Company 03/15/2018 101-1550-4040 Jan 2018 insurance premium 101.70 Hartford Life and Accident Insurance Company 03/15/2018 101-1420-4040 Jan 2018 insurance premium 73.63 Hartford Life and Accident Insurance Company 03/15/2018 101-1430-4040 Jan 2018 insurance premium 4.67 Hartford Life and Accident Insurance Company 03/15/2018 210-0000-4040 Jan 2018 insurance premium 17.84 Hartford Life and Accident Insurance Company 03/15/2018 720-7201-4040 Jan 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 03/15/2018 720-7202-4040 Jan 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 03/15/2018 101-1170-4040 Jan 2018 insurance premium 12.37 Hartford Life and Accident Insurance Company 03/15/2018 101-1220-4040 Jan 2018 insurance premium 41.31 Hartford Life and Accident Insurance Company 03/15/2018 701-0000-4040 Jan 2018 insurance premium 77.54 Hartford Life and Accident Insurance Company 03/15/2018 700-0000-4040 Jan 2018 insurance premium 102.40 Hartford Life and Accident Insurance Company 03/15/2018 720-0000-4040 Jan 2018 insurance premium 37.33 Hartford Life and Accident Insurance Company 03/15/2018 101-1120-4040 March 2018 insurance premium 69.45 Hartford Life and Accident Insurance Company 03/15/2018 101-1130-4040 March 2018 insurance premium 57.70 Hartford Life and Accident Insurance Company 03/15/2018 101-1160-4040 March 2018 insurance premium 24.74 Hartford Life and Accident Insurance Company 03/15/2018 101-1250-4040 March 2018 insurance premium 106.45 Hartford Life and Accident Insurance Company 03/15/2018 101-1310-4040 March 2018 insurance premium 96.10 Hartford Life and Accident Insurance Company 03/15/2018 101-1320-4040 March 2018 insurance premium 109.53 Hartford Life and Accident Insurance Company 03/15/2018 101-1370-4040 March 2018 insurance premium 43.89 Hartford Life and Accident Insurance Company 03/15/2018 101-1520-4040 March 2018 insurance premium 35.08 Hartford Life and Accident Insurance Company 03/15/2018 101-1530-4040 March 2018 insurance premium 14.05 Hartford Life and Accident Insurance Company 03/15/2018 101-1560-4040 March 2018 insurance premium 13.87 Hartford Life and Accident Insurance Company 03/15/2018 101-1600-4040 March 2018 insurance premium 22.34 Hartford Life and Accident Insurance Company 03/15/2018 101-1700-4040 March 2018 insurance premium 5.59 Hartford Life and Accident Insurance Company 03/15/2018 101-1550-4040 March 2018 insurance premium 101.70 Hartford Life and Accident Insurance Company 03/15/2018 101-1420-4040 March 2018 insurance premium 73.63 Hartford Life and Accident Insurance Company 03/15/2018 101-1430-4040 March 2018 insurance premium 4.67 Hartford Life and Accident Insurance Company 03/15/2018 210-0000-4040 March 2018 insurance premium 17.84 Hartford Life and Accident Insurance Company 03/15/2018 720-7201-4040 March 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 03/15/2018 720-7202-4040 March 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 03/15/2018 101-1170-4040 March 2018 insurance premium 12.37 Hartford Life and Accident Insurance Company 03/15/2018 101-1220-4040 March 2018 insurance premium 41.31 Hartford Life and Accident Insurance Company 03/15/2018 701-0000-4040 March 2018 insurance premium 78.27 Hartford Life and Accident Insurance Company 03/15/2018 700-0000-4040 March 2018 insurance premium 103.13 Hartford Life and Accident Insurance Company 03/15/2018 720-0000-4040 March 2018 insurance premium 37.58 Hartford Life and Accident Insurance Company 3,197.07 HOOPS AND THREADS LLC 03/08/2018 700-0000-4240 Utility Dept logo on vests 40.00 HOOPS AND THREADS LLC 03/08/2018 701-0000-4240 Utility Dept logo on vests 40.00 HOOPS AND THREADS LLC 80.00 ICMA RETIREMENT AND TRUST-457 03/15/2018 101-0000-2009 03/16/2018 ID #304303 1,114.58 ICMA RETIREMENT AND TRUST-457 03/15/2018 210-0000-2009 03/16/2018 ID #304303 25.00 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 5 of 8 Name Check D Account Description Amount ICMA RETIREMENT AND TRUST-457 03/15/2018 700-0000-2009 03/16/2018 ID #304303 152.48 ICMA RETIREMENT AND TRUST-457 03/15/2018 701-0000-2009 03/16/2018 ID #304303 152.52 ICMA RETIREMENT AND TRUST-457 03/15/2018 720-0000-2009 03/16/2018 ID #304303 1.25 ICMA RETIREMENT AND TRUST-457 1,445.83 JOHNSON NANCY 03/08/2018 101-1539-3631 Refund Gentle Flow Yoga 10.00 JOHNSON NANCY 10.00 KENNEDY & GRAVEN, CHARTERED 03/15/2018 601-0000-4300 through 2/28/18 Franchise fees 109.50 KENNEDY & GRAVEN, CHARTERED 109.50 KOSKELA DUSTIN 03/15/2018 101-1550-4240 Danner - Safety toe boots 200.00 KOSKELA DUSTIN 200.00 Lano Equipment 03/08/2018 700-0000-4120 BPA-Coupler, FF Female 9.00 Lano Equipment 03/08/2018 700-0000-4120 BPA-KIT, POWER BOB-TACH 129.64 Lano Equipment 03/08/2018 700-0000-4120 MIRROR 50.00 Lano Equipment 03/08/2018 700-0000-4120 BPA-COUPLER, FF MALE 32.28 Lano Equipment 220.92 LEAGUE OF MINNESOTA CITIES 03/15/2018 101-1110-4370 2018 Legislative Conference for Cities 99.00 LEAGUE OF MINNESOTA CITIES 03/15/2018 101-1120-4370 2018 Legislative Conference for Cities 99.00 LEAGUE OF MINNESOTA CITIES 198.00 LEAGUE OF MN CITIES INS TRUST 03/08/2018 101-1170-4483 Commission Adjustment 160.52 LEAGUE OF MN CITIES INS TRUST 160.52 LIBERTY TITLE INC 03/15/2018 700-0000-2020 Refund Check 8.03 LIBERTY TITLE INC 03/15/2018 701-0000-2020 Refund Check 18.96 LIBERTY TITLE INC 03/15/2018 720-0000-2020 Refund Check 8.49 LIBERTY TITLE INC 03/15/2018 700-0000-2020 Refund Check 1.57 LIBERTY TITLE INC 37.05 METROPOLITAN COUNCIL 03/08/2018 701-0000-4509 Waste Water Services - April 2018 152,094.89 METROPOLITAN COUNCIL 152,094.89 MN DEPT OF HEALTH 03/08/2018 700-0000-4370 Water Supply System Operator Class C - Bill Kistner 32.00 MN DEPT OF HEALTH 32.00 MN State Fire Marshal 03/15/2018 101-1220-4370 Registration for Don Nutter 155.00 MN State Fire Marshal 155.00 NOBLE WINDOWS INC 03/15/2018 101-1170-4510 Replaced 2 windows w/bad seals , bronze glass 559.50 NOBLE WINDOWS INC 559.50 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 6 of 8 Name Check D Account Description Amount Pickard Josh 03/15/2018 815-8226-2024 As-Built Escrow - 204 West 78th Street 1,500.00 Pickard Josh 1,500.00 PRECISE MRM LLC 03/08/2018 101-1320-4310 pooled data plan/network access fee 359.69 PRECISE MRM LLC 359.69 REGIS TITLE 03/15/2018 700-0000-2020 Refund Check 5.93 REGIS TITLE 03/15/2018 701-0000-2020 Refund Check 9.58 REGIS TITLE 03/15/2018 720-0000-2020 Refund Check 4.09 REGIS TITLE 03/15/2018 700-0000-2020 Refund Check 0.72 REGIS TITLE 20.32 Roto Rooter Services Company 03/08/2018 101-1250-3306 Refund 80% permit fee 88.80 Roto Rooter Services Company 88.80 SENIOR LEARNING NETWORK 03/15/2018 101-1560-4300 40, NLBM 45.00 SENIOR LEARNING NETWORK 45.00 SHERWIN WILLIAMS 03/08/2018 701-0000-4150 PI PRECAT SG ULTRA SAFETY GREEN AND PLUMB 153.27 SHERWIN WILLIAMS 03/15/2018 701-0000-4150 WB APWA BLUE, APWA GRN MRKG PT, 7302 SB APWA RED 611.16 SHERWIN WILLIAMS 764.43 SHOREWOOD TRUE VALUE 03/08/2018 101-1220-4350 clearner, degreaser 21.75 SHOREWOOD TRUE VALUE 21.75 SIGNSOURCE 03/15/2018 101-1170-4110 Interior name plates 151.00 SIGNSOURCE 151.00 SOFTWARE HOUSE INTERNATIONAL 03/08/2018 101-1160-4220 Server Renewal, Support Renewal CVMH1/CVMH2 4,113.00 SOFTWARE HOUSE INTERNATIONAL 03/15/2018 400-4117-4703 Microsoft Office/Windows Server-SA Renewals 1,667.88 SOFTWARE HOUSE INTERNATIONAL 5,780.88 Southwest Suburban Publishing 03/15/2018 101-1310-4340 printing/advertising 128.00 Southwest Suburban Publishing 03/15/2018 101-1410-4340 printing/advertising 28.80 Southwest Suburban Publishing 03/15/2018 101-1550-4340 printing/advertising 254.24 Southwest Suburban Publishing 03/15/2018 101-1611-4340 printing/advertising 1,057.60 Southwest Suburban Publishing 03/15/2018 420-4222-4340 printing/advertising 60.80 Southwest Suburban Publishing 03/15/2018 601-0000-4340 printing/advertising 179.84 Southwest Suburban Publishing 1,709.28 THE CHERI D MARTIN TRUST 03/15/2018 700-0000-2020 Refund Check 3.58 THE CHERI D MARTIN TRUST 03/15/2018 701-0000-2020 Refund Check 1.63 THE CHERI D MARTIN TRUST 03/15/2018 720-0000-2020 Refund Check 0.14 THE CHERI D MARTIN TRUST 03/15/2018 700-0000-2020 Refund Check 0.09 THE CHERI D MARTIN TRUST 5.44 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 7 of 8 Name Check D Account Description Amount TRAVELERS 03/15/2018 700-7047-4300 Premium for Policy# 1J374225-660 , 1/23/18-7/1/18 4,291.00 TRAVELERS 4,291.00 UNITED PARCEL SERVICE 03/08/2018 700-0000-4530 shipping charges 37.30 UNITED PARCEL SERVICE 03/08/2018 101-1220-4120 shipping charges 21.72 UNITED PARCEL SERVICE 03/08/2018 700-0000-4530 shipping charges/repair -2.43 UNITED PARCEL SERVICE 56.59 United Rentals (North America), Inc.03/15/2018 101-1320-4370 Registration for Confined Entry Training-Charlie Burke 1,050.00 United Rentals (North America), Inc. 1,050.00 VICTORIA REPAIR & MFG 03/08/2018 701-0000-4530 misc parts 26.00 VICTORIA REPAIR & MFG 26.00 Visu-Sewer Inc 03/08/2018 701-7039-4751 2016 I&I Project Santiary Sewer Project 15,897.03 Visu-Sewer Inc 15,897.03 Waste Management of Minnesota, Inc 03/08/2018 101-1220-4350 garbage service - March 2018 25.00 Waste Management of Minnesota, Inc 03/08/2018 101-1370-4350 garbage service - March 2018 93.23 Waste Management of Minnesota, Inc 03/08/2018 700-0000-4350 garbage service - March 2018 11.66 Waste Management of Minnesota, Inc 03/08/2018 701-0000-4350 garbage service - March 2018 11.66 Waste Management of Minnesota, Inc 03/08/2018 101-1550-4350 garbage service - March 2018 260.00 Waste Management of Minnesota, Inc 03/08/2018 101-1611-4410 garbage service - Feb Fest Trash 465.60 Waste Management of Minnesota, Inc 867.15 WATERMARK TITLE AGENCY 03/15/2018 700-0000-2020 Refund Check 61.31 WATERMARK TITLE AGENCY 61.31 WING RICHARD 03/15/2018 101-1220-4350 Station 2 cleaner 100.00 WING RICHARD 100.00 304,965.12 Accounts Payable - Check Detail-Checks (03/16/2018 - 8:32 AM)Page 8 of 8 Accounts Payable Check Detail-ACH User: dwashburn Printed: 03/16/2018 - 8:32 AM Name Check Da Account Description Amount 3RD LAIR SKATEPARK 03/08/2018 101-1613-4300 Independence Day Skateboard Contest @ Chan SkatePark 7/3/18 500.00 3RD LAIR SKATEPARK 500.00 A-1 ELECTRIC SERVICE 03/08/2018 400-0000-4705 Install new transfer switch 1,307.64 A-1 ELECTRIC SERVICE 03/15/2018 701-0000-4551 Wire Lift Station Control Panel Heaters 1,104.09 A-1 ELECTRIC SERVICE 2,411.73 ADAM'S PEST CONTROL INC 03/15/2018 101-1170-4300 Monthly Service 125.00 ADAM'S PEST CONTROL INC 03/15/2018 101-1190-4300 Quarterly Service 250.00 ADAM'S PEST CONTROL INC 375.00 AE2S CONSTRUCTION LLC 03/08/2018 700-0000-4300 2018 SCADA Services 3,000.00 AE2S CONSTRUCTION LLC 03/08/2018 701-0000-4300 2018 SCADA Services 2,668.25 AE2S CONSTRUCTION LLC 5,668.25 Al-Hilwani Juli 03/08/2018 101-1533-4300 Personal Training 285.00 Al-Hilwani Juli 285.00 ANCOM TECHNICAL CENTER 03/08/2018 101-1320-4310 APX 4000 7/800 MHZ, battery, clip, antenna, mic 107.00 ANCOM TECHNICAL CENTER 107.00 BATTERIES PLUS 03/15/2018 101-1170-4510 6V Lead Battery 12.95 BATTERIES PLUS 12.95 CAMPBELL KNUTSON 03/15/2018 101-1140-4302 Legel Services 13,991.95 CAMPBELL KNUTSON 13,991.95 Carver County 03/15/2018 101-1160-4320 CarverLink internet/fiber-March 547.50 Carver County 547.50 CHOICE ELECTRIC 03/08/2018 700-0000-4550 Heater not working in well house #2, install breaker 1,323.29 CHOICE ELECTRIC 1,323.29 Choice, Inc.03/15/2018 101-1220-4350 fire station cleaning 1/15-2/9 181.34 Choice, Inc. 181.34 Accounts Payable - Check Detail-ACH (03/16/2018 - 8:32 AM)Page 1 of 6 Name Check Da Account Description Amount COMPUTER INTEGRATION TECHN.03/08/2018 101-1160-4220 1YR ProSupport Onsite support, 1YR Tech Support 2,158.00 COMPUTER INTEGRATION TECHN. 2,158.00 ELECTRIC PUMP INC 03/08/2018 701-0000-4530 Screw, clip 10.86 ELECTRIC PUMP INC 10.86 Engel Water Testing Inc 03/08/2018 700-0000-4300 25 water samples collected - Feb 2018 500.00 Engel Water Testing Inc 03/08/2018 700-0000-4300 25 water samples collected 500.00 Engel Water Testing Inc 1,000.00 GS Systems, Inc.03/08/2018 700-0000-4550 Annual Renewal of Software Maintenance/Support 210.00 GS Systems, Inc. 210.00 H & L Mesabi 03/08/2018 101-1550-4120 Western Snow Plo, Carriage Bolt w/nut 648.00 H & L Mesabi 648.00 HANSEN THORP PELLINEN OLSON 03/15/2018 400-0000-1155 Fawn Hills Addition# 17-07 Construction Observation 544.50 HANSEN THORP PELLINEN OLSON 544.50 HAWKINS CHEMICAL 03/08/2018 700-7019-4160 Azone 15-EPA Reg. No. 7870-5 5,058.68 HAWKINS CHEMICAL 03/08/2018 700-7019-4160 Filter Fit #36793 2,770.00 HAWKINS CHEMICAL 03/15/2018 700-7019-4160 chlorine cylinder 80.00 HAWKINS CHEMICAL 03/15/2018 700-7019-4160 chlorine cylinder 130.00 HAWKINS CHEMICAL 8,038.68 Hydro-Klean LLC 03/08/2018 701-0000-4260 Multi Gas Detector 699.63 Hydro-Klean LLC 699.63 IMPERIAL PORTA PALACE 03/08/2018 101-1550-4400 Portable Rest Rooms - January 2018 775.00 IMPERIAL PORTA PALACE 775.00 Innovative Office Solutions LLC 03/08/2018 101-1170-4110 Stapler, Copyholder 75.13 Innovative Office Solutions LLC 03/08/2018 101-1170-4110 files, ribbon, eraser, paper 317.64 Innovative Office Solutions LLC 03/15/2018 101-1170-4110 Paper 49.00 Innovative Office Solutions LLC 03/15/2018 101-1170-4110 Stamp Pad, Paper, Roller, Highlighter, File Jacket 166.58 Innovative Office Solutions LLC 608.35 JOHNSTONE SUPPLY 03/08/2018 101-1190-4510 Gasket - Ignitor 48.38 JOHNSTONE SUPPLY 03/08/2018 101-1170-4510 Marley Motor for heater 78.92 JOHNSTONE SUPPLY 127.30 KIMLEY HORN AND ASSOCIATES INC03/08/2018 720-0000-4300 Pleasantview Road Outfall Stabilization/expenses 846.46 KIMLEY HORN AND ASSOCIATES INC03/08/2018 601-6040-4752 Galpin Blvd Reconstruct 17,038.05 KIMLEY HORN AND ASSOCIATES INC 17,884.51 Accounts Payable - Check Detail-ACH (03/16/2018 - 8:32 AM)Page 2 of 6 Name Check Da Account Description Amount Marco Inc 03/08/2018 101-1170-4410 Monthly maintenance charges - March 2018 675.65 Marco Inc 03/08/2018 700-0000-4410 Monthly maintenance charges - March 2018 100.00 Marco Inc 03/08/2018 701-0000-4410 Monthly maintenance charges - March 2018 100.00 Marco Inc 03/08/2018 720-0000-4410 Monthly maintenance charges - March 2018 50.00 Marco Inc 925.65 Matheson Tri-Gas, Inc.03/08/2018 101-1370-4170 PRO 33 NET 31# ALUM 152.46 Matheson Tri-Gas, Inc.03/08/2018 101-1550-4120 OXYGEN IND SZ 125 27.44 Matheson Tri-Gas, Inc. 179.90 MERLINS ACE HARDWARE 03/08/2018 101-1220-4120 misc parts/supplies 26.98 MERLINS ACE HARDWARE 03/08/2018 101-1220-4260 misc parts/supplies 143.95 MERLINS ACE HARDWARE 03/08/2018 700-0000-4150 misc parts/supplies 13.76 MERLINS ACE HARDWARE 03/08/2018 101-1320-4140 misc parts/supplies 42.43 MERLINS ACE HARDWARE 03/08/2018 101-1550-4120 misc parts/supplies 178.84 MERLINS ACE HARDWARE 03/08/2018 101-1600-4130 misc parts/supplies 65.30 MERLINS ACE HARDWARE 03/08/2018 700-0000-4260 misc parts/supplies 203.27 MERLINS ACE HARDWARE 03/08/2018 700-7019-4150 misc parts/supplies 188.00 MERLINS ACE HARDWARE 03/08/2018 700-7019-4260 misc parts/supplies 14.39 MERLINS ACE HARDWARE 876.92 Metropolitan Council, Env Svcs 03/08/2018 101-1250-3816 SAC-February -173.95 Metropolitan Council, Env Svcs 03/08/2018 701-0000-2023 SAC-February 17,395.00 Metropolitan Council, Env Svcs 17,221.05 MINNESOTA OCCUPATIONAL HEALTH03/08/2018 700-0000-4300 Drug/Alcohol Screening Marc 34.67 MINNESOTA OCCUPATIONAL HEALTH03/08/2018 701-0000-4300 Drug/Alcohol Screening Marc 34.67 MINNESOTA OCCUPATIONAL HEALTH03/08/2018 101-1550-4300 Drug/Alcohol Screening Adam 69.33 MINNESOTA OCCUPATIONAL HEALTH03/08/2018 101-1370-4300 Drug/Alcohol Screening Greg 114.33 MINNESOTA OCCUPATIONAL HEALTH 253.00 MN DEPT OF LABOR AND INDUSTRY 03/08/2018 101-1250-3818 Surcharge - Feb 2018 -35.34 MN DEPT OF LABOR AND INDUSTRY 03/08/2018 101-0000-2022 Surcharge - Feb 2018 1,766.71 MN DEPT OF LABOR AND INDUSTRY 03/15/2018 101-1170-4510 Elevator Annual Operator 100.00 MN DEPT OF LABOR AND INDUSTRY 03/15/2018 101-1190-4300 Boiler/Pressure Vessel 20.00 MN DEPT OF LABOR AND INDUSTRY 1,851.37 MN VALLEY ELECTRIC COOP 03/08/2018 101-1350-4320 electricity charges 30.19 MN VALLEY ELECTRIC COOP 03/08/2018 101-1350-4320 electricity charges 228.72 MN VALLEY ELECTRIC COOP 03/08/2018 101-1350-4320 electricity charges 93.24 MN VALLEY ELECTRIC COOP 03/08/2018 101-1350-4320 electricity charges 45.92 MN VALLEY ELECTRIC COOP 03/08/2018 101-1350-4320 electricity charges 5,300.91 MN VALLEY ELECTRIC COOP 03/08/2018 101-1600-4320 electricity charges 709.73 MN VALLEY ELECTRIC COOP 03/08/2018 700-0000-4320 electricity charges 225.66 MN VALLEY ELECTRIC COOP 03/08/2018 701-0000-4320 electricity charges 594.00 MN VALLEY ELECTRIC COOP 03/15/2018 101-1350-4320 electricity charges 199.04 MN VALLEY ELECTRIC COOP 7,427.41 NAPA AUTO & TRUCK PARTS 03/08/2018 101-1320-4120 NAPAGOLD OIL FILTER, BEAM BLADES 12.86 Accounts Payable - Check Detail-ACH (03/16/2018 - 8:32 AM)Page 3 of 6 Name Check Da Account Description Amount NAPA AUTO & TRUCK PARTS 03/08/2018 101-1170-4140 SWAY BAR LINK-REAR SUSP 27.67 NAPA AUTO & TRUCK PARTS 40.53 O'Reilly Automotive Inc 03/08/2018 700-0000-4150 misc parts/supplies 6.75 O'Reilly Automotive Inc 03/08/2018 101-1310-4140 misc parts/supplies 7.83 O'Reilly Automotive Inc 03/08/2018 101-1250-4140 misc parts/supplies 33.31 O'Reilly Automotive Inc 03/08/2018 700-0000-4140 misc parts/supplies 46.21 O'Reilly Automotive Inc 03/08/2018 101-1550-4120 misc parts/supplies 51.84 O'Reilly Automotive Inc 03/08/2018 700-0000-4120 misc parts/supplies -9.80 O'Reilly Automotive Inc 136.14 Pedretti Christine Lea 03/08/2018 101-1539-4300 yoga instruction on 2/27/18 857.35 Pedretti Christine Lea 857.35 Potentia MN Solar 03/08/2018 101-1190-4320 electricity charges 2,140.91 Potentia MN Solar 03/08/2018 700-0000-4320 electricity charges 1,086.26 Potentia MN Solar 03/08/2018 101-1170-4320 electricity charges 1,636.65 Potentia MN Solar 4,863.82 Quality Flow Systems Inc 03/08/2018 701-0000-4551 Quoted supply & install of new access cover w/safety grate 3,570.00 Quality Flow Systems Inc 03/15/2018 701-0000-4530 Supply and install parts for lift station 1,295.00 Quality Flow Systems Inc 03/15/2018 701-0000-4530 2" rubber bushing w/ SS hdwe 58.96 Quality Flow Systems Inc 4,923.96 REDPATH AND COMPANY, LTD 03/08/2018 101-1130-4301 Assistance with GASB 68 calculations for 2017 2,000.00 REDPATH AND COMPANY, LTD 2,000.00 RICE LAKE CONSTRUCTION GROUP 03/08/2018 700-7047-4751 Chanhassen West WTP 1,148,902.21 RICE LAKE CONSTRUCTION GROUP 1,148,902.21 SPRINT PCS 03/15/2018 701-0000-4310 monthly charges 51.72 SPRINT PCS 03/15/2018 700-0000-4310 monthly charges 51.72 SPRINT PCS 103.44 SPS COMPANIES INC 03/15/2018 101-1170-4510 Repair Downstairs women's toilet/flushmate tank 133.98 SPS COMPANIES INC 133.98 SRF CONSULTING GROUP INC 03/08/2018 420-0000-4300 Century Blvd/Corp Place Ped Crossing Study 326.69 SRF CONSULTING GROUP INC 326.69 SUMMIT COMPANIES 03/15/2018 101-1220-4350 Annual Fire Extinguisher Inspection 370.00 SUMMIT COMPANIES 370.00 TBEI, Inc 03/08/2018 101-1320-4120 Motor RE 45.6 CID 1.25 Keyed Shaft 488.00 Accounts Payable - Check Detail-ACH (03/16/2018 - 8:32 AM)Page 4 of 6 Name Check Da Account Description Amount TBEI, Inc 488.00 The Howard E. Nyhart Co. Inc 03/15/2018 101-1130-4301 GASB 45 Update-balance bill 2,100.00 The Howard E. Nyhart Co. Inc 2,100.00 UNITED WAY 03/15/2018 101-0000-2006 PR Batch 00416.03.2018 United Way 28.40 UNITED WAY 28.40 Universal Athletic Services, Inc.03/08/2018 101-1600-4120 Schutt Impact Base Major League Safety Slider 973.09 Universal Athletic Services, Inc.03/08/2018 101-1600-4120 Adams Home Plate Wood Block, Pitchers Plate 639.92 Universal Athletic Services, Inc.03/08/2018 101-1600-4120 Schutt Steel Ground Recepticles for Hollywood Base -140.00 Universal Athletic Services, Inc. 1,473.01 VALLEY PAVING INC 03/15/2018 601-6033-4751 City Project 16-04:Park Road, Park Place Resurfacing 224,941.15 VALLEY PAVING INC 224,941.15 VERIZON WIRELESS 03/08/2018 101-1220-4310 monthly charges 40.01 VERIZON WIRELESS 03/08/2018 101-1550-4310 phone charges 268.48 VERIZON WIRELESS 03/08/2018 101-1520-4310 phone charges 431.56 VERIZON WIRELESS 03/08/2018 101-1600-4310 phone charges 232.02 VERIZON WIRELESS 03/08/2018 101-1530-4310 phone charges 51.58 VERIZON WIRELESS 03/08/2018 101-0000-2006 phone charges 10.00 VERIZON WIRELESS 03/08/2018 700-0000-4310 phone charges 551.93 VERIZON WIRELESS 03/08/2018 701-0000-4310 phone charges 418.00 VERIZON WIRELESS 03/08/2018 720-0000-4310 phone charges 118.47 VERIZON WIRELESS 03/08/2018 101-0000-2006 phone charges 10.00 VERIZON WIRELESS 03/08/2018 101-1160-4310 phone charges 113.16 VERIZON WIRELESS 03/08/2018 101-1120-4310 phone charges 374.80 VERIZON WIRELESS 03/08/2018 101-1170-4310 phone charges 31.88 VERIZON WIRELESS 03/08/2018 101-1260-4310 phone charges 103.77 VERIZON WIRELESS 03/08/2018 101-1130-4310 phone charges 51.58 VERIZON WIRELESS 03/08/2018 101-1250-4310 phone charges 145.04 VERIZON WIRELESS 03/08/2018 101-1310-4310 phone charges 177.53 VERIZON WIRELESS 03/08/2018 101-1370-4310 phone charges 120.34 VERIZON WIRELESS 03/08/2018 101-1320-4310 phone charges 359.58 VERIZON WIRELESS 03/08/2018 101-1220-4310 phone charges 488.27 VERIZON WIRELESS 4,098.00 WENCK ASSOCIATES INC 03/08/2018 720-0000-4300 Lake Lucy Lane Culvert Replacement 3,388.57 WENCK ASSOCIATES INC 03/08/2018 720-0000-4300 Lake Lucy Road Culvert Replacement 6,880.69 WENCK ASSOCIATES INC 03/08/2018 720-0000-4300 Lake Lucy Lane Culvert Replacement 2,325.70 WENCK ASSOCIATES INC 12,594.96 WM MUELLER & SONS INC 03/08/2018 720-7025-4751 Pond Excavation 504.00 WM MUELLER & SONS INC 03/08/2018 720-7025-4751 Shop - Chan Hills 735.00 WM MUELLER & SONS INC 03/08/2018 720-7025-4751 Shop - Chan Hills 833.00 WM MUELLER & SONS INC 03/08/2018 720-7025-4751 Pond Excavation 889.00 WM MUELLER & SONS INC 03/08/2018 720-7025-4751 Pond Excavation - Chan Hills Pond 640.00 Accounts Payable - Check Detail-ACH (03/16/2018 - 8:32 AM)Page 5 of 6 Name Check Da Account Description Amount WM MUELLER & SONS INC 3,601.00 WSB & ASSOCIATES INC 03/08/2018 700-7047-4752 West Water Treatment Plant CMT's - Dec 2017 5,327.00 WSB & ASSOCIATES INC 03/08/2018 700-7047-4752 West Water Treatment Plant 23,960.50 WSB & ASSOCIATES INC 03/08/2018 420-0000-4300 Cartegraph OMS Training - January 2018 2,170.00 WSB & ASSOCIATES INC 03/08/2018 701-0000-4300 SewerCAD Model Update and Analysis 498.00 WSB & ASSOCIATES INC 03/08/2018 720-0000-4300 Avienda WCA Review - Jan 2018 951.50 WSB & ASSOCIATES INC 03/08/2018 700-7047-4752 West Water Treatment Plant CMT's - Jan 2018 1,766.50 WSB & ASSOCIATES INC 03/08/2018 601-6033-4752 Park Road Mill and Overlay - Jan 2018 3,700.00 WSB & ASSOCIATES INC 03/08/2018 601-6032-4752 Minnewashta Manor Wetland Restoration Project - Jan 2018 2,428.00 WSB & ASSOCIATES INC 03/15/2018 410-0000-4706 Manchester Park-playground and picnic shelter 6,962.50 WSB & ASSOCIATES INC 47,764.00 WW GRAINGER INC 03/08/2018 700-0000-4150 SHLF, BIN DIVIDERS, WIDTH DIVIDERS 631.97 WW GRAINGER INC 631.97 XCEL ENERGY INC 03/08/2018 101-1350-4320 electricity charges 21,147.23 XCEL ENERGY INC 21,147.23 1,568,369.98 Accounts Payable - Check Detail-ACH (03/16/2018 - 8:32 AM)Page 6 of 6