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Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, NOVEMBER 26, 2018 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:30 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.Mental Health Education Discussion B.6:00 P.M. ­ EXECUTIVE SESSION Note:  Executive Sessions are closed to the public.If the City Council does not complete the Executive Session items in the time allotted, the remaining items will be considered after the regular agenda. 1.Compile Data for City Manager's Performance Review C.7:00 P.M. ­ REGULAR CITY COUNCIL MEETING ­ CALL TO ORDER D.PUBLIC ANNOUNCEMENTS 1.Invitation to Tree Lighting Ceremony, December 1 E.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.Approve City Council Minutes dated November 13, 2018 2.Receive Park & Recreation Minutes dated October 23, 2018 3.Resolution 2018­56: Certify Water Hook­Up Charges 4.Resolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public Hearing 5.Tort Liability Limits AGENDACHANHASSEN CITY COUNCILMONDAY, NOVEMBER 26, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 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.Mental Health Education DiscussionB.6:00 P.M. ­ EXECUTIVE SESSIONNote:  Executive Sessions are closed to the public.If the City Council does not completethe Executive Session items in the time allotted, the remaining items will be considered after theregular agenda.1.Compile Data for City Manager's Performance ReviewC.7:00 P.M. ­ REGULAR CITY COUNCIL MEETING ­ CALL TO ORDERD.PUBLIC ANNOUNCEMENTS1.Invitation to Tree Lighting Ceremony, December 1E.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.Approve City Council Minutes dated November 13, 20182.Receive Park & Recreation Minutes dated October 23, 20183.Resolution 2018­56: Certify Water Hook­Up Charges4.Resolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public Hearing 5.Tort Liability Limits 6.Approve Geotechnical Consultant Contract for TH101 Improvements, Pioneer Trail to Flying Cloud Drive F.VISITOR PRESENTATIONS 1.Council Recognition For Firefighter Joe Brennan (verbal) G.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Monthly Fire Department Update 2.Monthly Law Enforcement Update H.OLD BUSINESS 1.Review Final Draft of 2040 Comprehensive Plan I.PUBLIC HEARINGS 1.Consider Franchise Agreement Ordinances and Franchise Fee Ordinances J.NEW BUSINESS K.COUNCIL PRESENTATIONS L.ADMINISTRATIVE PRESENTATIONS M.CORRESPONDENCE DISCUSSION 1.Review of Claims Paid 11­26­2018 2.Metropolitan Mosquito Control District (MMCD) 2018 Chanhassen Treatment Summary N.ADJOURNMENT O.GUIDELINES 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. AGENDACHANHASSEN CITY COUNCILMONDAY, NOVEMBER 26, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 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.Mental Health Education DiscussionB.6:00 P.M. ­ EXECUTIVE SESSIONNote:  Executive Sessions are closed to the public.If the City Council does not completethe Executive Session items in the time allotted, the remaining items will be considered after theregular agenda.1.Compile Data for City Manager's Performance ReviewC.7:00 P.M. ­ REGULAR CITY COUNCIL MEETING ­ CALL TO ORDERD.PUBLIC ANNOUNCEMENTS1.Invitation to Tree Lighting Ceremony, December 1E.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.Approve City Council Minutes dated November 13, 20182.Receive Park & Recreation Minutes dated October 23, 20183.Resolution 2018­56: Certify Water Hook­Up Charges4.Resolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: AcceptFeasibility Study; Call Public Hearing5.Tort Liability Limits6.Approve Geotechnical Consultant Contract for TH101 Improvements, Pioneer Trail toFlying Cloud DriveF.VISITOR PRESENTATIONS1.Council Recognition For Firefighter Joe Brennan (verbal)G.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE1.Monthly Fire Department Update2.Monthly Law Enforcement UpdateH.OLD BUSINESS1.Review Final Draft of 2040 Comprehensive PlanI.PUBLIC HEARINGS1.Consider Franchise Agreement Ordinances and Franchise Fee OrdinancesJ.NEW BUSINESSK.COUNCIL PRESENTATIONSL.ADMINISTRATIVE PRESENTATIONSM.CORRESPONDENCE DISCUSSION1.Review of Claims Paid 11­26­20182.Metropolitan Mosquito Control District (MMCD) 2018 Chanhassen TreatmentSummaryN.ADJOURNMENTO.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council.  That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor.  Whencalled upon to speak, state your name, address, and topic.  All remarks shall be addressed to the CityCouncil as a whole, not to any specific member(s) or to any person who is not a member of the CityCouncil.If there are a number of individuals present to speak on the same topic, please designate a spokespersonthat can summarize the issue. Limit your comments to five minutes.  Additional time may be granted at the discretion of the Mayor.  Ifyou 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 Houlihan's, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event.  All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Mental Health Education Discussion Section 5:30 P.M. ­ WORK SESSION Item No: A.1. Prepared By Chelsea Petersen, Assistant City Manager File No:  SUMMARY As a follow up from the October 22, 2018 work session, Rod Franks, the Health and Human Services Director for Carver County, will be providing an overview of the Mental Health Crisis Team. These resources can be accessed 24/7 by calling 952­442­7601. The team is made up of Carver County­employed licensed mental health professionals that can assist with interventions and/or consultations either by phone or face to face throughout the community. Assistance is provided to anyone located in Carver County, regardless of residence. Mental Health Crisis Team Overview: 24/7 Mobile and telephone crisis response services in Carver County. One central access number: 952­442­7601 for all services. Both adult and children’s crisis response services are provided. Services are provided to anyone within Carver County regardless of the county of residence. Services are provided regardless of ability to pay. Services are provided in multiple settings. The Crisis Team sees clients within numerous settings including Ridgeview Medical Center and Two Twelve Medical Center mental health clinics, medical clinics, police and sheriff's departments, jails, schools, nursing homes, family homes and community settings.  An emphasis is placed upon collaboration with current providers and community resources to coordinate care. The primary goal is to provide immediate crisis intervention, early identification of mental health issues, and avoid out­of­home placements.  Mission Statement: Provide intense community­based service as an alternative/prevention to a higher level of care. Stabilize the immediate crisis and help to restore a pre­crisis level of functioning. Promote resiliency and hope, as well as access to treatment and services. CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Compile Data for City Manager's Performance Review Section 6:00 P.M. ­ EXECUTIVE SESSION Item No: B.1. Prepared By Todd Gerhardt, City Manager File No:  ATTACHMENTS: City Manager Review Schedule g:\admin\tg\work plan\2018\schedule for 2018 city manager review.docx SCHEDULE FOR 2018 CITY MANAGER’S PERFORMANCE REVIEW November 13: City Manager distributes 2018 Work Plan along with performance review sheets. Mayor Laufenburger will tabulate the results after he receives everyone’s evaluation sheet by November 19, 2018. November 19, 12 noon City Council submits their individual performance review sheets for tabulation to Mayor Laufenburger and then the city council creates one overall performance evaluation. November 26: Executive Session of the City Council to discuss the City Manager’s overall performance and finalization of evaluation and compensation document. December 3: Executive Session of the City Council and City Manager to discuss overall performance and finalization of the performance evaluation/ compensation document (before the Truth-in-Taxation hearing); and Announce Results of City Manager’s Performance Evaluation. CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Invitation to Tree Lighting Ceremony, December 1 Section PUBLIC ANNOUNCEMENTS Item No: D.1. Prepared By Katie Mathews, Recreation Supervisor File No:  SUMMARY With the holiday season approaching, I am excited to invite everyone to an annual Chanhassen tradition, the 2018 Tree Lighting Ceremony presented by the City of Chanhassen, Buy Chanhassen, SouthWest Metro Chamber of Commerce, and The Mustard Seed Landscaping & Garden Center.  I invite all area residents, their families, and friends to join me on Saturday, December 1st starting at 5:00 p.m. on the Plaza at City Center Park.  People of all ages will enjoy activities including the official lighting of City Center Park, refreshments, caroling, gingerbread house displays, live reindeer, and a special visit from Santa Claus.  The entire event is free and registration is not required!For more information feel free to contact City Hall at 952­227­1100. CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Approve City Council Minutes dated November 13, 2018 Section CONSENT AGENDA Item No: E.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated November 13, 2018.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Canvas Board Minutes dated November 13, 2018 City Council Work Session Minutes dated November 13, 2018 City Council Summary Minutes dated November 13, 2018 City Council Verbatim Minutes dated November 13, 2018 CHANHASSEN CITY COUNCIL CANVAS BOARD NOVEMBER 13, 2018 Mayor Laufenburger called the canvas board meeting to order at 5:15 p.m. 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 Greg Sticha CANVAS RESULTS OF GENERAL ELECTION ON NOVEMBER 6, 2018. Oath of Canvas Board was performed by all members of the City Council. Todd Gerhardt explained the results of the general election held on November 6, 208. Resolution 2018-55: Councilman McDonald moved, Councilman Campion seconded to approve the resolution approving the results of the general election held on November 6, 2018. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger asked all council members to sign an election results document. Councilwoman Ryan moved, Councilman McDonald seconded to adjourn the Canvas Board meeting at 5:20 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION NOVEMBER 13, 2018 Mayor Laufenburger called the work session to order at 5:23 p.m. 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 Greg Sticha PUBLIC PRESENT: Scott Jesse 8198 Stone Creek Albert Xiao 9522 Roosevelt Drive Michelle Swanson 5309 West 70th Street, Edina Tom Morgantini 1108 Village Road, Chaska Andrew Felton 1430 Heron Drive Dustin Morgantini 1108 Village Road, Chaska Cole Rogers 1100 Lyman Court Conor Maguire 8520 Rhoy Street, Victoria Burke Jahn 945 Bavaria Hills Lane FRANCHISE FEE DISCUSSION. Greg Sticha reviewed results of surveying neighboring communities and key financial strategy cities regarding franchise fees, tax impact on commercial properties if the City used a general fund levy, clarification of the revolving assessment fund results regarding the use of $1.9 levy, and comparisons of levying for 7 years for $1.7 million, $1.8 million, and $1.9 million. Greg Sticha reviewed staff’s discussions with utility companies noting they would be comfortable with Option #3 for $1.76 million before explaining impacts on commercial properties. He asked for direction from City Council on how to proceed. Scott Jesse, Leader of Boy Scout Troop #330 stated the boy scouts were present to observe how city government works. Mayor Laufenburger explained how a work session operates as compared to a regular City Council meeting. Mayor Laufenburger continued by asking council members for any questions regarding the information that was presented. Michelle Swanson with Xcel Energy stated that Option 3 would be acceptable. Mayor Laufenburger directed staff to prepare for a public hearing on November 26th using Option 3 with anticipation of action of approval or denial at that meeting. Council members expressed support for holding a public hearing on November 26th and the 70 PCI as a City Council Work Session – November 13, 2018 2 target goal. Councilwoman Ryan expressed support of Councilwoman Tjornhom’s suggestion that staff present information at the public hearing regarding if nothing is done. Jim Strommen discussed implementing franchise fee agreements with Xcel Energy and Minnesota Valley Electric. He explained that an agreement already exists with CenterPoint Energy. Mayor Laufenburger asked staff how the public will be notified of the public hearing. Councilwoman Ryan asked about clarifying the verbiage regarding franchise fees being used for the pavement management program versus the city’s use of right-of-way. REVIEW ANNUAL RATE STUDY. Greg Sticha explained that the city performs an annual utility rate analysis before introducing Jessica Cook with Ehlers and Associates who reviewed the results of the key findings from the utility rate analysis and key assumptions used. She discussed the City’s storm sewer system and infrastructure upgrades and maintenance needed in the future and the projected rate increases to achieve that. Councilwoman Ryan asked for clarification on the number of ponds being maintained each year. Jessica Cook continued with presentation of water and sanitary sewer CIP, bill comparison with key financial strategy cities, impact on fund, and hook-up fees. Mayor Laufenburger asked how hook up fees compare to surrounding communities. Jessica Cook reviewed what a utility bill looks like for the average customer before reviewing a summary and next steps. Councilwoman Ryan asked for a comparison of utility rates with key financial strategy and southwest cities. KEY FINANCIAL STRATEGY: SANITARY SEWER INFLOW/INFILTRATION REDUCTION PROGRAM. Paul Oehme reviewed the city’s sewer system infrastructure, definitions, problems associated with I/I, the City’s past work to minimize I/I, a map showing where sewers have been inspected and repaired since 2006, MCES surcharge program, MCES I/I program, and reviewed a graph showing yearly MCES sewer flows since 1991. He explained that it is staff’s recommendation to continue with it’s current practices. DISTRIBUTE CITY MANAGER’S WORK PLAN AND DISCUSS SCHEDULE FOR PERFORMANCE EVALUATION. Todd Gerhardt discussed his email to council members outlining his 2018 work plan and schedule for review. He asked that evaluations be sent to Mayor Laufenburger who will tabulate the results. Mayor Laufenburger adjourned the work session at 7:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 13, 2018 Mayor Laufenburger called the meeting to order at 7:07 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Ryan, and Councilman Campion COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Greg Sticha, and Andrea Poehler PUBLIC PRESENT: Will Z. 27630 Virginia Cove Brendan Quinn 7381 Tamarack Trail M. Halama 670 Creekwood Street Frank Ernst 840 Cree Drive Maurielle Storms 1910 Whitetail Ridge Court PUBLIC ANNOUNCEMENTS: None. 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 October 22, 2018 2. Receive Planning Commission Work Session Minutes dated October 16, 2018 3. Resolution #2018-52: Authorize 2018 Fund Transfers, Creation of Park Replacement Fund, and Closure of Funds No Longer in Use 4. Resolution #2018-53: Orchard Lane Area Street & Utility Reconstruction Project- Approve Plans and Specifications and Authorize Advertisement for Bids 5. Award Banking Services Contract 6. Resolution #2018-54: Amending Halla Stipulation Agreement City Council Summary – November 13, 2018 2 All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Frank Ernst, 840 Cree Drive renewed his request from a year ago that the City Council establish and publish a Code of Conduct. ACCEPT DOWNTOWN VISION. Kate Aanenson presented the staff report on this item. Councilman McDonald discussed the ambiguity with not including grocery stores in the vision study but allowing grocery stores in the zoning ordinance. Councilwoman Ryan moved, Councilman Campion seconded that the City Council accepts the Downtown Vision. All voted in favor, except Councilman McDonald who opposed, and the motion carried with a vote of 3 to 1. APPROVE STIPULATION FOR SETTLEMENT AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 730 VOGELSBERG TRAIL IN CONJUNCTION WITH THE TH 101 IMPROVEMENTS, CITY PROJECT NO. 14-08. Paul Oehme presented the staff report on this item. Councilwoman Ryan asked for clarification on how values are determined for right-of-way acquisitions. Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the Settlement Agreement for acquisition of property located at 730 Vogelsberg Trail in conjunction with the Trunk Highway 101 improvements, contingent on satisfactory title review by the City Attorney and receipt of MnDOT funds for City Project No. 14-08. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Mayor Laufenburger explained that the City Council met as the Canvas Board prior to the City Council meeting to certify the election results from November 6, 2018. He congratulated Elise Ryan on being election Mayor and Dan Campion and Julia Coleman on their election as City Council members. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt thanked Kim Meuwissen and her staff for running a flawless election process. Mayor Laufenburger explained that the City Council directed staff at the work session to hold a public hearing on November 26, 2018 to discuss franchise fees to be used to fund the pavement management program. CORRESPONDENCE DISCUSSION. None. City Council Summary – November 13, 2018 3 Councilman McDonald moved, Councilman Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 13, 2018 Mayor Laufenburger called the meeting to order at 7:07 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilman McDonald, Councilwoman Ryan, and Councilman Campion COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Greg Sticha, and Andrea Poehler PUBLIC PRESENT: Will Z. 27630 Virginia Cove Brendan Quinn 7381 Tamarack Trail M. Halama 670 Creekwood Street Frank Ernst 840 Cree Drive Maurielle Storms 1910 Whitetail Ridge Court Mayor Laufenburger: Thank you and I wish to welcome all of you to this meeting. Those of you that are in the council chambers here. We have about 20 people with us this evening and also those of you that are watching on Mediacom cable channel TV at home or through our world wide web livestream from the Chanhassen website. Just for the record we have all of our members are present this evening with the exception of Bethany Tjornhom and she has an excused absence this evening. Our first action tonight is agenda action, council members are there any modifications to the agenda as printed? If not we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: None. 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 October 22, 2018 2. Receive Planning Commission Work Session Minutes dated October 16, 2018 Chanhassen City Council – November 13, 2018 2 3. Resolution #2018-52: Authorize 2018 Fund Transfers, Creation of Park Replacement Fund, and Closure of Funds No Longer in Use 4. Resolution #2018-53: Orchard Lane Area Street & Utility Reconstruction Project- Approve Plans and Specifications and Authorize Advertisement for Bids 5. Award Banking Services Contract 6. Resolution #2018-54: Amending Halla Stipulation Agreement All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Mayor Laufenburger: Visitor presentations are included with each of our regularly scheduled council meetings. Anyone wishing to address the council on a matter that is not specifically on the agenda this evening you may please step to the podium with your name and address and give your name and address for the record and address the council. Frank Ernst: My name is Frank Ernst. E-r-n-s-t. My address is 840 Cree Drive. Mayor Laufenburger: Good evening. Nice to have you with us. Frank Ernst: A little over a year ago I and many others filled this room and we addressed concerns with the project that was seeking an approval that’s being built right now down the street. We asked for some delays. We asked for additional citizen input and I don’t think our questions or concerns were even considered. You listened but I don’t think you considered our concerns. During the meeting one of the things we were told is we just can’t accept change and that was why we were here but that isn’t why. During the meeting my wife was singled out, called out by name and shouted at. Following the meeting my wife was inundated with emails with disparagingly remarks, remarks to her and to I. And to I. It was followed with additional demeaning comments about her and I and other Chanhassen residents so I came back to another meeting and I expressed my concerns about that. What I considered inappropriate behavior that had taken place. I saw no action taken at that time. I’ve seen no action taken since. I asked you to establish and publish a code of conduct, standards of behavior that should be established similar to the rules that are posted for visitor presentation. My request has been ignored to the best of my knowledge. I and many others have come to believe the position you take is to listen, ignore and wait for them to go away. Well I’m here tonight to renew my request to let you know that we won’t go away. We’re here and I would like again to request that you establish a code of conduct for this body. Just considering tonight one of the things I recommend you put on top of it is perhaps adhering to your schedule and starting on time. I want to remind this council and future councils that we will not go away so please pay attention and give serious considerations to the concerns and requests of the citizens of Chanhassen. Thank you. Chanhassen City Council – November 13, 2018 3 Mayor Laufenburger: Thank you Mr. Ernst. Is there anybody else who would like to address the council at this time? Alright there being none I’ll close visitor presentations. Move to our next item on our agenda. ACCEPT DOWNTOWN VISION. Mayor Laufenburger: This is item old business. The subject is the accepting the downtown vision study. Is this your’s Ms. Aanenson? Kate Aanenson: Yes, thank you. This was discussed at your work session and we recommended that we make a couple changes so I’ve identified what those changes are. I included the Minutes from that work session and there was some, I think one of the things that was the main importance arranging the priorities so that we gave more emphasis to that. There’s also just some wordsmithing that was changed and then also some discussion on the specific uses in the retail sector which would have been the grocery store being as far as the targeting. And I just want to reiterate that this is a vision document. It’s not a zoning ordinance. It’s not, it’s not a land use amendment but it’s a vision so when the staff would, so a developer’s interested in doing something in the property it gives them some guidance of where the council is thinking about. Also included in that you wanted the staff to include with that the market scan which had a lot of good information of what the different threshold of uses are in there and what the scan also showed what could be supported in there too and I did want to point out that this happened before the project went forward in the downtown so it did show there was some capacity for additional grocer and that capacity did come through with a project that’s under construction now. So those changes were made. Again what staff is recommending that you accept this document and this becomes the vision document as we move forward. And again I tried to make some of those changes. Some of those street connections. Safety, you know prioritizing that. I think that was one of the things that we talked about too as we moved forward on other projects in the downtown that we go back and look at this and make sure we can combine some of these action steps with specific projects that we’d take that into consideration too and even under some of those key financial strategies as we move into next year too so with that changes were made and just looking for some direction adopting or accepting this document. Mayor Laufenburger: Alright thank you Ms. Aanenson. Obviously this document and the process that was used to bring it to this point was included many different inputs and many different discussions. Council any questions of Ms. Aanenson regarding the, this final state of the downtown vision study? Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Councilman McDonald: I have a question. Chanhassen City Council – November 13, 2018 4 Mayor Laufenburger: Sure. Councilman McDonald: As I was trying to read through this, the copy that we got, the electronic copy it was kind of difficult to read because of the size of it and it kept flipping on me but I did read through the Minutes. Can you explain, okay was the term grocery stores removed from the vision study? Kate Aanenson: Yes. Yeah. Councilman McDonald: But aren’t grocery stores allowed according to ordinance? Kate Aanenson: Yes. I guess the intent of this again is too when you’re talking to developers what are we targeting you know and that was the intent as I understood it and what the desire targeting was. Yes it is still permitted in the zoning district. Councilman McDonald: Then I guess the problem I have with this is what are we creating an ambiguity within city documents. If the ordinance says grocery stores should be in there then why isn’t it in the vision study? Kate Aanenson: I believe there was a request to take it out. Councilman McDonald: And I guess at that meeting I was unaware we took a vote to remove it from the vision study. I know the question was raised about why it was in there and I thought the direction was to go to staff to evaluate that and get back to us as to why it should or should not be in there. Not that it comes before us today for a vote to approve it. Mayor Laufenburger: Well Mr. McDonald if I may take just a moment. Kate you made it pretty clear that this is a, this is a, this is a result of a study that was contracted and that study reported their observations which included observations from the community and I recall the meeting as well Mr. McDonald and I think that it’s clear that while the zoning ordinances allow grocery as a usage and the study indicates that there is leakage from our downtown area from grocery, I think it’s reasonable to accept that we would like to present to potential developers that there is a, or there is a view that we don’t need more grocery stores in the downtown area. However if somebody comes forward with a plan that includes a specialty grocery store which seems to be the area where there is the most leakage, then the council would consider that but I would agree with you. If a zoning ordinance allows a grocery store then a developer should reasonably consider that the grocery store plan would be considered though that may not be the desired or the absolutely best desire for a downtown area so Mr. McDonald I’m comfortable that as a planning document this document reflects that there is a view that we’re not out seeking more grocery stores for the downtown area. Chanhassen City Council – November 13, 2018 5 Councilman McDonald: Well I guess I would say I don’t think this document does that anyway. I think all this is is a vision study of what could or could not take place within the downtown area and what would be acceptable and the problem I have with this is that I believe that we have, we have created an ambiguity between what the ordinances are and what this vision study is. If we don’t want grocery stores in the downtown area then we need to change the ordinance. I can’t support this document because of that ambiguity and I believe that the word grocery story should be in there because it is a permitted use. Councilman Campion: Mr. Mayor? Mayor Laufenburger: Mr. Campion, go ahead. Councilman Campion: So I recall raising the question at the last meeting when we looked at this and the request was more to see the data that was suggesting that we were leaking grocery revenue from the city to adjacent communities and so that was the request. I don’t, there is no data that was. Mayor Laufenburger: Oh that’s not true Mr. Campion. There is data. Councilman Campion: The leakage data? Mayor Laufenburger: Yeah. The market study. If you look at the market study document it shows where, where there’s leakage. Kate Aanenson: Yeah. That was…and I’ll just go back saying when this market scan was done it was prior to the approval of the other so it, so part of that market was absorbed. So part of that leakage has been absorbed by a new user coming in. So that was my point in saying that. Councilman Campion: Right there’s current leakage. Mayor Laufenburger: Yeah if you look at. Kate Aanenson: There’s, no but there’s some of that leakage was, the market scan was done prior to the approval of the Venue/Aldi project so. Mayor Laufenburger: Now specifically if you look at page 11 of the market study Mr. Campion you’ll see that food and beverage stores, which include grocery, it shows that the leakage from specialty food stores. What would be a specialty food store? Kate Aanenson: Any small. Todd Gerhardt: Trader Joe’s. Chanhassen City Council – November 13, 2018 6 Kate Aanenson: Trader Joe’s, sure. Todd Gerhardt: Whole Foods. Mayor Laufenburger: Lakewinds? Kate Aanenson: Sure. Todd Gerhardt: Lakewinds. Mayor Laufenburger: Alright. So it shows that the leakage is a factor of 63.8 out of 100. It’s actually one of the highest leakages that we’re seeing. The only thing that’s higher is specialty food services under food services and drinking places. Specialty food services. Would that include like brewery? Brew pub? Kate Aanenson: Yes. Mayor Laufenburger: Okay, so the leakage is present but I am okay recognizing that this is a planning document and if a planning document is placed and a zoning ordinance is in place which has the higher authority Mr. Aanenson? Kate Aanenson: The zoning. Mayor Laufenburger: The zoning right. Kate Aanenson: Yes. Mayor Laufenburger: And yes it’s true if this council or any council wants to exclude a usage in the downtown area the way you exclude that is through a zoning ordinance. Not through a planning document. Kate Aanenson: That’s correct. Councilman McDonald: And my point is that the two documents should match up together and support one another and I think this sends the wrong message that again what we’re saying that we’ve never said before is that a particular type of business. We have decided there’s too many of them in town and that is not a message that we have ever sent before for any industry. Banks. Liquor stores. Grocery stores. Anything. We’ve always let the market decide that and I think this sets a bad precedence at this point to start excluding types of businesses even if it is a planning document. Mayor Laufenburger: Mr. Campion I interrupted you but I wanted to clarify that the leakage was, the data was provided. Chanhassen City Council – November 13, 2018 7 Councilman Campion: Yeah, and I acknowledge that. Sorry. I missed that and I think the point of contention was that when, in the prior version that we reviewed on October 8th it listed just general grocery as the leakage item. That we were leaking to adjacent communities and not specialty grocery in particular. Mayor Laufenburger: Well according to the ESRI research they categorize it as food and beverage and grocery is in that category so I don’t think it was a, I don’t think it was an intent to exclude any particular grocery but you know it shows that there is leakage. Kate Aanenson: It was a broader category correct. Councilman Campion: Right. Kate Aanenson: Yeah so. Councilman Campion: Okay. Mayor Laufenburger: Your point is well made Mr. McDonald. Any other comments or questions? Any comments or actions? Kate Aanenson: Again the staff is just looking for the City Council to recommend that they accept this document as a working document for the downtown. Mayor Laufenburger: Right. And just, as a matter of record for those people that may not be familiar with this, in this vision study there are some elements that emerged as potentially for consideration and a number of which were, which were identified and could potentially be taken up by this council or future councils. So I’m looking for anything that the council would like to do at this time? Kate Aanenson: There’s a motion on that first page I think it was. Mayor Laufenburger: Right. Councilwoman Ryan: I’d like to make a motion please. Mayor Laufenburger: Alright. Councilwoman Ryan: I’d like to make a motion that the City Council accepts the Downtown Vision. Mayor Laufenburger: Alright, we have a motion. Is there a second? Chanhassen City Council – November 13, 2018 8 Councilman Campion: Second. Mayor Laufenburger: Alright. Is there any further discussion on the motion? Alright there being none, the motion is to accept the Downtown Vision study. All those in favor of the motion signify by saying, actually by raising your right hand if you would please. Raise your right hand if you accept the motion. One, two. All those against signify by raising your hand. Councilwoman Ryan moved, Councilman Campion seconded that the City Council accepts the Downtown Vision. All voted in favor, except Councilman McDonald who opposed, and the motion carried with a vote of 3 to 1. Mayor Laufenburger: That motion carries 3-1. Next item on our agenda, oh please express to Bryan and the folks at Hoisington-Koegler our appreciation for their work and their due diligence in this and this document will serve as a planning and assist in planning city staff and this council and future councils. Thank you very much Ms. Aanenson. APPROVE STIPULATION FOR SETTLEMENT AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 730 VOGELSBERG TRAIL IN CONJUNCTION WITH THE TH 101 IMPROVEMENTS, CITY PROJECT NO. 14-08. Mayor Laufenburger: Is this your’s Kate or is this your’s Mr. Oehme? Paul Oehme: It’s mine. Mayor Laufenburger: Okay. Paul Oehme: Thank you Mayor, City Council members. I would just like to take this opportunity to just go through the project a little bit while we’re just kicking off the start of the final design for this project so I’d like to just highlight a couple things, you know give a little background and tell where we think we’re headed on this project. So the background, the City has, and City Council has rated 101 as one of their top transportation priorities over the years. The last section of 101 that needs improvement south of Highway 5 is this section from Pioneer Trail down to Flying Cloud Drive. We’ve identified numerous safety issues along the corridor. One of the things we want to do is improve the connectivity of our transportation infrastructure to Scott County as well. As you know the river bridge was constructed several years ago. We want to continue that same sort of corridor through this area. And then we also want to plan for growth in this area too. We’ve heard from a number of property owners in this area that they would like to have, sell their property potentially for redevelopment and development so in connection with this project we’d like to extend sewer and water to this area for urban services. So to date what we’ve completed are numerous things so back in 2015 we completed a preliminary design. We looked at several, I think 4 or 5 different layouts. We had did land on a preferred layout that the council at that time wanted us to pursue. We did finish our environmental documentation for this area. Looking at the impacts to the wetlands and other Chanhassen City Council – November 13, 2018 9 environmental impacts in this area so that has been completed. The City Council has adopted the official map for this area as well so that has been completed and just recently the City had successfully lobbied the State of Minnesota for LRP funds. Those are state bonding funds in the amount of $9 million dollars so we did have some, we do have some money from the State for that project. In conjunction with that money MnDOT, Minnesota Department of Transportation has allocated a number of other funding sources to the future improvements of this corridor as well so now that we have a funding package together the funding agreement has been approved between the City and the County and the County and MnDOT for the final improvements and the turnback agreement from MnDOT. Operations and maintenance to Carver County in the future. And then we also have approved a consultant contract for this project so we are currently under final design work. Working on that at this time and we’ve delineated the wetlands for this, along the corridor as well just for improvements so we’re working on surveying and we’re taking soil borings as well to finish up the background information that we need to complete the final design. So this is a layout of the new alignment that we’re looking at. More or less follows the same alignment as 101 but we’re trying to straighten it out and smooth out the curves and improve the sight lines and the grade going up the bluff. Trying to flatten that out as much as we can so Pioneer Trail is to the north and Flying Cloud Drive is to the south here. This is the roundabout to the south so major project which unfortunately, which does require a lot of right- of-way needed to facilitate these improvements so there’s approximately about 26 parcels that the City will have to work on to acquire strip right-of-way along the corridor. A portion of some property along the corridor or in some instances total acquisition of parcels as well and that’s the Stipulation before you tonight so approximately 6 parcels that would have to be totally acquired and then there’s about another 20 parcels that would have to be some sort of smaller portion of that parcel would have to be acquired through this project. And again the funding mechanism is through the State of Minnesota in their turnback account and some other funding but if, as we move forward with this project the final design is, like I said is taking place at this time. We’re looking at you know it’s going to be about almost a year’s worth of final design. There’s a lot of meetings and a lot of design work that has to go into this to make this project move forward. We’re anticipating about a year’s worth of time to acquire all the right-of-way necessary for this project as well so we’re working with property owners right now on additional acquisitions and Carver County is leading the effort in some of those total acquisitions. Total parcel acquisitions so, and the City’s going to be doing the majority of the rest of the acquisitions along the corridor. So basically it’s going to be a year’s worth of design work and right-of-way acquisitions. We are scheduled to have a neighborhood meeting in December. First week in December. Notices for that meeting are going to be going out I think tomorrow or Wednesday and then if the project were to move forward we’re anticipating start of construction in 2020 and it’s about a 2 years project time to construct this. This section of road so it’s only about a mile. 1.1 miles worth of road but there is a lot of dirt that has to be moved. A lot of infrastructure that has to be put in and it’s a very complicated endeavor to build this section of roadway so with that I do have a motion before you. If you have any questions regarding the Stipulation or the project in general I’m here to answer any of those questions. We will have a number of City Council meetings. Work session meetings that are scheduled along the way too after we have our neighborhood meeting. The first neighborhood meeting. We’ll bring that information back to the council and Chanhassen City Council – November 13, 2018 10 get some feedback and then move on from there but there are a lot of stepping stones and check in’s with the council that we’re planning to have along the way throughout the process so just wanted to make you aware of that. Mayor Laufenburger: Okay, thank you Mr. Oehme. Any questions or comments from council of Mr. Oehme? Councilmember Ryan go ahead. Councilwoman Ryan: Thank you. Mr. Oehme who are the, when you talk about the negotiations, is it just the Carver County agents or is the City involved with the negotiations as well? Paul Oehme: Yep, so for the total parcels that have to be acquired, those total lots, Carver County’s right-of-way agent has been responsible for those negotiations at this time. We’ve actually been working, that person specifically has been working with some of those properties since 2015. Since the final, the preliminary design was and the environmental study was completed and talking about you know funding and we actually along the way we talked to Met Council about some money to acquire some of those properties earlier since we didn’t have the MnDOT money or the bonding money at this time so we’ve had some communications with those folks but yeah again the Carver County will be handling 6 of the parcels and the City will be handling the rest of the parcel acquisitions so. Councilwoman Ryan: And when you say handling you mean negotiating or? Paul Oehme: Yep negotiating. Yep exactly so with the consultant contract we did hire a right- of-way agent to assist us in that as well too so that person will work in conjunction with the City with those negotiations as well so it won’t just be the city staff but it will also be a consultant. Specifically person that’s all that person will do is the right-of-way acquisition of those type of negotiations. Councilwoman Ryan: And then in terms of the actual agreement, as I know it’s part of the negotiation how you arrive at the number because I know it’s, and I know that it’s in the agreements. Some of the additional pieces that are covered but based on what they’re receiving and you know what their taxable market value is is considerably different so could you talk a little bit more about the negotiations. Paul Oehme: Right. Yep absolutely so yep. There is the appraised value. So market value is one thing. It’s the appraised value is another thing so we’ve had an appraisal done. I think the property owner did have an appraisal as well so that’s one cost. There’s also moving expenses that are involved and then some other settlement costs and closing costs there also associated with the acquisition as well so that’s all included in there. I don’t know if it’s really listed. Councilwoman Ryan: And does that become public information what the actual, what the appraisal is and. Chanhassen City Council – November 13, 2018 11 Andrea Poehler: It will be. Councilwoman Ryan: It will be once the title work is reviewed and everything. Andrea Poehler: Once the closing has occurred yes. Paul Oehme: And we have worked with Carver County’s right-of-way agent. We also passed along you know the settlement agreements to MnDOT as well and their right-of-way folks as well. Both of those agencies signed off on the sale. Councilwoman Ryan: Okay. Todd Gerhardt: Mayor and council some additional costs that are included in this is change of address. Changing your driver’s license. Renewing checks. Notifying mortgage companies. Utilities. That you’re changing your address and sometimes there’s fees associated with that. There’s relocation specialists out there that the residential people can use. Their fees are also a part of that. Sometimes attorney fees can be included in the cost depending on dealing with the acquisition of the property. Councilwoman Ryan: And is this pretty typical this process? Like when we did the acquisition of Bandimere, the home there, I mean are they similar? Just I get concerned when you look at the taxable, I know that appraisal’s probably different but in setting the precedent for basically double what the market value is to what they’re receiving for their land. Todd Gerhardt: Depending on the appraisal it can do that. Councilwoman Ryan: And they do an appraisal and the County does an appraisal and then negotiate. Todd Gerhardt: Well it becomes a negotiation and if the two sides do not come to terms then you can go to condemnation and then they have a board, commissioners board that would hear testimony from both sides and then a decision would be made based on that board’s recommendation and then if one of the sides is not happy you can appeal your decision and typically there’s attorney’s costs associated with that and special appraisals done and so your costs go up dramatically when you go into condemnation so, so that’s part of the negotiations that you take into a part. They have expenses but you have expenses but part of their expenses are reimbursable as a part of the condemnation so there’s no simple negotiation when it comes to taking when the government’s involved. Councilwoman Ryan: Right. But just you know obviously this is the first of the other properties and so this is something that the County and City’s comfortable with knowing that there’s other properties, you know the 5 other properties to follow. Chanhassen City Council – November 13, 2018 12 Todd Gerhardt: Yeah this is the second property. Councilwoman Ryan: I mean yeah, I’m sorry…that’s right. Todd Gerhardt: Yeah and this price came in fairly similar to, I forget her name. Paul Oehme: Andrea. Todd Gerhardt: Andrea. And I think it was 650 on that one. 600. Paul Oehme: Yep it was a little over 600. Todd Gerhardt: Little over 600 so, so we’re in the same ballpark and that home wasn’t in the same condition as this home. Councilwoman Ryan: Perfect, thank you. Mayor Laufenburger: Anything else? Councilwoman Ryan: No, thank you. Mayor Laufenburger: Okay, anyone else with a question for Mr. Oehme? Okay. I know that it’s not called for but is the property owner with us this evening? Okay, alright. So I’m looking for recommended action from the council on this stipulation or the settlement agreement. Councilman McDonald: Mr. Mayor I’ll make a motion that the City Council approves the Settlement Agreement for acquisition of property located at 730 Vogelsberg Trail in conjunction with the Trunk Highway 101 improvements, contingent on satisfactory title review by the City Attorney and receipt of MnDOT funds for City Project No. 14-08. Mayor Laufenburger: Alright we have a motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Mr. Oehme I just have one question that I want to ask. This, can we assume that the Highway 101 project will heretofore be known as 14-08, is that correct? Paul Oehme: That will be the City project number. Mayor Laufenburger: Until it’s completed and then it will be called 101. Chanhassen City Council – November 13, 2018 13 Paul Oehme: Well yeah, so it’s our City. Mayor Laufenburger: That’s our code. Paul Oehme: That’s our code. Mayor Laufenburger: Okay so anything related will be 14-08. Paul Oehme: Yep, correct. Mayor Laufenburger: Is there any further discussion on this motion? Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the Settlement Agreement for acquisition of property located at 730 Vogelsberg Trail in conjunction with the Trunk Highway 101 improvements, contingent on satisfactory title review by the City Attorney and receipt of MnDOT funds for City Project No. 14-08. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Laufenburger: That motion carries 4-0. Thank you Mr. Oehme. Paul Oehme: Thank you. Mayor Laufenburger: That concludes our business portion of this evening. COUNCIL PRESENTATIONS. Mayor Laufenburger: Let me now move to council presentations and let me just begin by saying that earlier this evening the City Council met as a canvasing board as we do following every election and the canvasing board certified the results of the election concluded on November 6th and I want to congratulate Elise Ryan who will be the Mayor taking her oath of office in January of 2012. Also want to congratulate Dan Campion for his re-election to City Council and also congratulations to Julia Coleman who will begin her council assignment in January so congratulations to all three of them on their election. Are there any other council presentations? ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Any administrative presentations Mr. Gerhardt? Todd Gerhardt: I have one. I have to give a huge shout out to Kim Meuwissen, our Office Manager in running a flawless election process behind the scenes. I’m so proud of Kim and her team. They did a fantastic job. Being one of the largest cities in Carver County I think we were one of the first cities to get the results in from our election and having, I think it was 85, 83 percent turnout rate which is unbelievable in a non-Presidential election so hats off to Kim and Chanhassen City Council – November 13, 2018 14 all our election judges who did a fantastic job of running a very smooth election process and it is a very, very complicated process. There’s a lot of rules to follow and Kim, the detailed person she is and organizer she is, we’re very fortunate to have her as a part of our team and her election judges follow her lead so thank you Kim Meuwissen. I know she’s watching and she just has done a great job. Mayor Laufenburger: Thank you Kim. Anything else? Todd Gerhardt: That’s all I have, thank you. Mayor Laufenburger: Alright. I would like to echo that too. I know that Kim spends a lot of time searching for and securing election judges and that can sometimes be a thankless job so anybody who served as an election judge I just want to echo our appreciation for that. Any other council presentations? Just one other comment if I may. Earlier this evening in the work session the City Council directed staff to prepare for a, prepare for a public hearing on November 26th and that public hearing will be to hear and review the City Council’s recommendation for funding our pavement management program and though it’s not required we, the council specifically is asking for a public hearing related to the implementation of franchise fees to fund the pavement management program for Chanhassen so if you’re watching and you have an interest in participating in that process I would encourage you to be here at the council meeting two weeks from tonight. That’s November, excuse me. Two weeks from last night, Monday, November 26th at 7:00 p.m. where we will, included in the business will be the discussion and public hearing regarding franchise fees so with that any comment on the correspondence? CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilman Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Receive Park & Recreation Minutes dated October 23, 2018 Section CONSENT AGENDA Item No: E.2. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council receives the Park & Recreation Commission minutes dated October 23, 2018.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Park and Recreation Commission Summary Minutes dated October 23, 2018 Park and Recreation Commission Verbatim Minutes dated October 23, 2018 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES OCTOBER 23, 2018 Chairman Scharfenberg called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Steve Scharfenberg, Cole Kelly, Rick Echternacht, Jim Boettcher, Meredith Petouvis, Karl Tsuchiya, Joe Scanlon, and Grant Schaeferle STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Jodi Sarles, Rec Center Manager APPROVAL OF AGENDA: Chairman Scharfenberg approved the agenda with the addition of discussing skating rinks under Old Business. PUBLIC ANNOUNCEMENTS: Jerry Ruegemer reminded commission members of the Halloween Party on Saturday, October 27th and asked for volunteers. Todd Hoffman noted an article in the Chanhassen Villager regarding memorial benches. VISITOR PRESENTATION. None. APPROVAL OF MINUTES: Echternacht moved, Boettcher seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated September 25, 2018 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. 2018 PICNIC SEASON EVALUATION. Jerry Ruegemer presented the staff report on this item. Chairman Scharfenberg asked for clarification on the registration system and if there are any issues associated with it. CHANHASSEN RECREATION CENTER OUTDOOR COURT IMPROVEMENTS. Jodi Sarles and Jerry Ruegemer presented the staff report on this item. After questions regarding bidding and time line for construction the following motion was made. Boettcher moved, Echternacht seconded that the Park and Recreation Commission recommends to City Council that the Chan Rec Center courts be resurfaced, reconstructed to preserve 2 tennis courts. This project is included in the 2019 CIP tennis court refurbishment budget. All voted in favor, except for Commissioner Kelly who abstained. The motion carried with a vote of 7 in favor and 1 abstention. Park and Recreation Commission Summary – October 23, 2018 2 DISCUSSION OF ICE SKATING RINK LOCATIONS. Chairman Scharfenberg added this item to the agenda to discuss an email received from Councilwoman Ryan who had been contacted by several families living in the Pioneer Pass neighborhood inquiring about the possibility of having a pleasure rink placed at Pioneer Pass Park. Since approval of skating rink locations had already been addressed at the September Park and Recreation Commission meeting, it was the consensus not to add that location at this time but Chairman Scharfenberg stated he would let Councilwoman Ryan know that neighbors are welcomed to come to a future Park and Recreation Commission meeting to discuss their interests. COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Chairman Scharfenberg asked Todd Hoffman to give an update on the award for community engagement from the Association of Planners at their regional conference in Rochester regarding the Park and Recreation System Master Plan process. Chairman Scharfenberg asked if staff has received neighborhood feedback from the completion of Manchester Park. Commissioner Boettcher asked about the status of a motorhome parked at Lake Ann Park. Boettcher moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 8 to 0. The Park and Recreation Commission meeting was adjourned at 8:20 p.m. Submitted by Todd Hoffman Park and Recreation Director Prepared by Nann Opheim CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING OCTOBER 23, 2018 Chairman Scharfenberg called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Steve Scharfenberg, Cole Kelly, Rick Echternacht, Jim Boettcher, Meredith Petouvis, Karl Tsuchiya, Joe Scanlon, and Grant Schaeferle STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Jodi Sarles, Rec Center Manager APPROVAL OF AGENDA: Scharfenberg: Any changes to tonight’s agenda? Hoffman: None. Scharfenberg: I have one change. I’d like to add under old business I’m just going to add skating rinks and just a comment that I want to share with the rest of the commission regarding skating rinks. PUBLIC ANNOUNCEMENTS: Scharfenberg: With that next on the agenda is public announcements. Ruegemer: Chair Scharfenberg just like to, I guess make sure everybody is aware the Halloween Party is this coming Saturday night, October 27th at the Chan Rec Center. 5:30 to 7:30 so it will be a fun evening again. Our 34th Annual so we are still looking for any volunteers if the commission would like to help pass out candy or help with registration or help out in any way, we’d be more than happy to find a job for you. We have about 27-28 volunteers right now so we’re in pretty good shape but would like to just extend the invitation out to everybody. If you’d like to attend we’d be very happy to place you so you can let me know at some point in time if you’re interested. Tonight or shoot me an email that would be great. Scharfenberg: Great, thank you Jerry. Hoffman: One more Chair Scharfenberg. If you noticed last week I believe it was the Chanhassen Villager ran an article on memorial benches and so I contacted the editor of the Chanhassen Villager after all and they profiled the City of Eden Prairie’s memorial bench program. The City of Wayzata and the Landscape Arboretum. I think they took an article from the Eden Prairie News and transferred to our news without modifying it so Mr. Olson, the editor Chanhassen Park and Recreation Commission – October 23, 2018 2 is going to offer some information this week’s Villager. You can have a memorial tree and bench program which is popular with folks who typically lose a loved one in our community and want to make a memorial in their honor. Some purchase both a bench and a tree so they just do one or the other in their particular preference but this is a program that is in place since 1995 when the first bench went in for Mark Litfin Senior who was a member of our Senior Commission so it’s available for those and please spread the word out. Scharfenberg: I did see that Todd so thanks for following up on that because I was certainly I was thinking what about Chanhassen. We have a policy. Hoffman: It was a missed opportunity. Scharfenberg: Yeah. Hoffman: So they’ll run something this week and look for that. VISITOR PRESENTATION. None. APPROVAL OF MINUTES: Scharfenberg: Alright next on the agenda is approval of the Minutes for the September 25, 2018 meeting. Anybody have any changes or modifications to the Minutes? If not can I get a motion? Echternacht moved, Boettcher seconded to approve the verbatim and summary Minutes of the Park and Recreation Commission meeting dated September 25, 2018 as presented. All voted in favor and the motion carried unanimously with a vote of 8 to 0. 2018 PICNIC SEASON EVALUATION. Scharfenberg: Jerry. Ruegemer: Thank you Chair Scharfenberg. Just wanted to go through the 2018 picnic season evaluation. We had another good season again with 122 paid reservations this year and that compares to 125 from last year so we’re kind of right in the ballpark of where we were in the past. Both Lake Ann and Lake Susan really host a variety of different events from graduation parties to baptisms, school groups, company picnics. Just a wide variety of events out there so the most popular again this year was the Klingelhutz Pavilion with that. Lake Ann was right in there as well. The Lakeside and Lake Susan was in third place or tied for third place, or second place I guess so generated just over $16,400 in revenue this year for all the paid reservations and we hosted just about 11,000 picnickers at those paid events with that so there are other, certainly other groups that utilized the picnic areas and picnic sites that don’t make a reservation. Just kind of first come, first serve on the weekends so there’s not a ton of time on the weekends but when there is open time people just go out there and kind of hang out. Maybe over the lunch Chanhassen Park and Recreation Commission – October 23, 2018 3 hour and/or other areas that it might be open so we certainly encourage that as well. They are public spaces and people are more than welcomed to use those without making a reservation as well but just attached is a lot of the numbers. We certainly try to go through and look at kind of the different categories and how they kind of relate to what days of the week. What type of groups are using the picnic sites so we can kind of look at that and it’s obviously we’re pretty heavy on the weekends with the available times that we can reserve those spots at Lake Ann and Lake Susan. There certainly are some tournaments and other type of adult leagues that play at some of the locations or community park sites that we don’t schedule picnics during certain times just to make sure that we have enough parking, available parking for tournaments and customers for other types of events that may be going on in the park so you know Lake Ann, I wish we had additional weekends for Lake Ann, certainly in June with grad parties. They’re already calling already for 2019 to get on the books so Lake Ann, Lake Susan are very popular locations. We really always hear really good things and feedback from our customers and community members that use those facilities so again that picnic category is where attached for that, the number of picnic reservations. Picnic attendants and picnic revenue kind of throughout the course of time here kind of gives you a little bit of a snapshot looking back a number of years as to kind of where we are. Where we track for that so all in all it was another good year and we’re pretty happy with where we are and certainly going to look to fill maybe some of those weekday spots a little bit more. Use some type of an incentive program but we’ll be bringing the fee structures and everything back here at an upcoming Park and Rec Commission meeting here coming up in the next month or two. Scharfenberg: Any questions for Jerry? Echternacht: Jerry when did we start not scheduling…? Ruegemer: Yeah it’s probably been, for the CAA tournaments? And that sort of thing, that has probably been at least probably 3 or 4 years now so obviously that takes out some pretty desirable times for that. Particularly in June and July when the picnic sites are at you know kind of a premium request time but it really was, it really is for the best. Really just because the tournaments that CAA is you know kind of sponsoring out there are probably anywhere from 20 to 40, 45 teams so all available parking really should be dedicated to that. You know we don’t do anything with the beachlots so there is other general uses in the park as well during that time but we’re just making a choice not to do the picnic sites. Echternacht: I agree with you I just…because the attendance is down but. Ruegemer: Yep and that equals out to about 22 time slots of picnics that we’re not doing. Boettcher: So Jerry that’s for every day of the week or just Saturday and Sunday? Ruegemer: It’s sometimes Fridays as well. Friday, Saturday and Sunday. Chanhassen Park and Recreation Commission – October 23, 2018 4 Boettcher: So maybe 3 days a week. Ruegemer: Yep. Boettcher: Okay. Scharfenberg: Jerry we’re still using computer registration system right for people to come and sign up for that? Ruegemer: We are using a computerized registration for the permits yes. Scharfenberg: And how does that, any issues with that in terms of people using the system? Ruegemer: No because we’re still doing the reservations for the most part in-house. Scharfenberg: Okay. Ruegemer: Jodi and I are kind of working through, there was a new facilities, if I can talk about it as well but we have a new facility module that just is coming online here like October- November. Scharfenberg: Okay. Ruegemer: So we’re going through kind of training on that. Our hope is with that is to make that interface that with the public easier than our old system with that so Jodi and I sat down actually last week to kind of go through you know some of that permitting processes to see how that can relate to kind of going on the web for people to view. Scharfenberg: Okay. Ruegemer: Our old system was very clunky as far as on the kind of the public view side of it. You had to do a lot of steps just to see what was available and so kind of staff was kind of waiting until the new version came out to see how we can kind of implement that into our system and kind of go wide with that. Scharfenberg: Okay. So can you get back to us say in the next couple of months and just give us an update on that? Ruegemer: Yeah. That, if we had that implemented it probably won’t go, well yes. We’ll report back on that. Scharfenberg: Okay. Any other questions for Jerry relative to picnic reservations? Thank you Jerry. Chanhassen Park and Recreation Commission – October 23, 2018 5 CHANHASSEN RECREATION CENTER OUTDOOR COURT IMPROVEMENTS. Scharfenberg: I assume that that’s Jodi. Sarles: Jerry and I are tag teaming this together so. He’s got the magic. Ruegemer: There we go. Sarles: Ah there we go. So we started chatting I believe was it August kind of about the situation on the courts out at the Rec Center and recommendations for 2019 for the improvements. Ruegemer: With that so they thanks and part of that conversation was while kind of going through the CIP conversation, the 2019-2023 the commission had kind of asked that question of staff. You know what’s the possibility of potentially looking at those Rec Center courts for a pickleball, basically all pickleball. Eliminating the tennis so that’s what we’re going to do tonight and kind of look through that. I think everybody has the, obviously the report on that. We’re going to go through the power point for that and kind of go through that and feel free to ask any questions as we go through that process here so. So just to start out. As looking at the 2019-2023 CIP we have in 2019 $150,000 allocated at this time for court refurbishment currently at Lake Susan, Meadow Green, North Lotus, South Lotus and the courts at the Chanhassen Recreation Center. So as of right now it looked like we had, we did a crack seal and petro mat at the Meadow Green courts and North Lotus in 2012 so right now those courts are actually in pretty good shape so for the discussion purposes tonight we’re going to take those out of the equation and then we’re going to focus on 3 courts at Lake Susan, South Lotus and the Chan Rec Center. So just to give you a little history on the, this is related now to the tennis courts at the Recreation Center so the original 4 courts were built in 1995 when the Rec Center opened up for our community’s use for that. They were resurfaced, the north courts were resurfaced and crack sealed in 2007 and then we’ll take a look at those coming up here, kind of the current state of those as well. And then the south courts were reconstructed for pickleball in 2012 for that. Sarles: So out there we’ve been kind of keeping an eye with, we’re going through what programs we offer for tennis and these are just current tennis with the City of Chanhassen programs so we do Rec Center Sports After School Tennis. And in the summer there’s Sky Hawks Tennis Camp so there’s the ages 7 to 12 and then Little Hawks Tennis ages 4 to 7 that uses the courts pretty frequently throughout the summer. And then we’ll go to the next one here. And then as we’ve kind of been looking at the court situation you know I’ve always known people are using them but pay a little bit more attention when we’re going to talk about them like this. We’ve got a group of men that come and play lunch hour tennis. All summer we’ve had private tennis lessons and camps being held out there. We’ve got, actually there’s a picture of them, a group of youth from I believe it’s the high school that comes over twice a week to play tennis. Then from there it’s families and then adults, singles and doubles that comes out. Chanhassen Park and Recreation Commission – October 23, 2018 6 Scharfenberg: Jodi just going back to the youth camps. Are those fairly well attended in terms of number of students that participate in those programs? Sarles: They are. Yeah they are. The summer ones do a little bit better. The after school ones are kind of hit or miss I think but that’s kind of been typical with our after school programs as well so. Summer ones do tend to draw more people. We’ve tried to do some pickleball camps and programs and the youth have not captured, they haven’t captured that attention and desire for it yet. Kelly: Jodi the private lessons, are they through the Rec Center? Sarles: No, no, they’re just individuals out using the community’s courts. Kelly: Okay. Sarles: And I think there was one that was very frequent and I saw him at least one week straight when we were having our pickleball tournament so they would have about 20 kids there and there’s only, you know you look at it it’s 2 courts so they separate out into 4 and a couple instructors. As we look in pickleball as you know it’s grown in huge popularity. The City has 10 dedicated courts so we’ve got 6 at the Rec Center and then 4 more at Roundhouse. The thing that the Rec Center courts causes to be really popular is that they’re lit and you can play until 10:00 so that draws a lot of people to our courts. Area communities around have built 43 dedicated courts in this year and that’s, the closest ones to us are the 12 in Eden Prairie and then 8 in Minnetonka. I believe those Eden Prairie courts opened in July and our usage has gone down during, especially during the days. I know we were getting a lot of that border folks coming our way and now they’re going to Staring Lake or the Riley Lake Park courts that Eden Prairie has so. And with current pickleball players we get players of all ages but of course it’s most popular with the baby boomers. If you ask them it’s probably the most important thing is that it’s like a social activity and they have good friendships through the groups. And then we also have really strong community support with the Southwest Metro Pickleball Club so they’ve been fantastic in helping us and supporting us especially with beginner lessons. Ruegemer: So we kind of look at, we kind of give the commission just a quick snapshot of kind of the parking, available parking inventory out at both the Rec Center and Bluff Creek Elementary School. So the Rec Center, between regular parking spots and handicap spots we have 165 parking spaces out there at the Rec Center including the handicap we have 113 spaces included in that number is the 2 handicap spaces for Bluff Creek Elementary School so total of that campus has 278 total parking spots available for a wide variety of events. Both the Rec Center and community based exterior events and school. Sarles: Yeah so we’re kind of looking at the situation out there. We’ve got a number of outdoor activities that happen when kind of the popular pickleball time is. That’d be Rec Center Sports, Chanhassen Park and Recreation Commission – October 23, 2018 7 CAA baseball and softball in the summer and then soccer and CC United in the fall. We kind of estimate about 225 cars nightly. That might be a little light when you start thinking of parents coming separate to their events so sometimes one brings the child and then the other one meets them there. Grandparents come as well so it gets, our parking lot is extremely busy and in the fall even I think that’s really light. The 130 is probably a little bit light for the 9 fields we have going. And then indoor activities, so we’ve got of course programs that happen inside and facility rentals. We actually had to turn away a facility rental 2 years ago that was a monthly one on Tuesdays because we just didn’t have parking to meet their needs and to meet the community’s needs so they had to go find a new location. That was that Chaska Area Quilt Club so and they’ve been there for 20 years. They grew too big and we couldn’t accommodate them any longer so. And then I start looking at indoor activities of course there’s, the biggest ones that really, really causing stress to the lots are when we have our activities. Bluff Creek has their activities so they do some big activities in basically April and May and then again in the fall in September-October. End of August too so they’ve got their back to school night. They do a spring concert. One for band. Another night has choir. They do a school carnival. And those really, then you’re inviting the entire, and they have another one. I can’t remember, shoot. They just did it too. But yeah they draw the whole population of Bluff Creek Elementary so between our sports, their activities and pickleball courts we just really run out of space and so we’re overflow parking into the Bluff Creek bus loop and then out on Coulter Boulevard which is posted as no parking so we just run out of space completely. Scharfenberg: I’m guessing some of that might be conferences. School conferences. Sarles: Yep, conferences yes. So we just have kind of an example here of what was going on on Tuesday, August 29th. We had 40 kids in Rec Center Sports. CAA had 3 fields running. We had pickleball courts going. Yoga, dance, and then back to school. I remember leaving that night and people were fighting to get my spot coming from both directions trying to zoom in and get it so it was a little bit chaotic night there at the parking lots. Ruegemer: So yeah just the numbers shown alone there it’s 192 cars that were estimated at just that time plus the Bluff Creek back to school night so you know that brings in a lot of customers for their events and our events so like Jodi said there was a lot of jockeying for position in parking spots on that particular night and that’s, you know Tuesday nights is certainly a busy night for a lot of other activities with CAA fall soccer and school nights and different other things going on in the spring and summer. So here’s our current tennis court conditions. These were taken, these pictures were taken in September. Last month so you can see we’re having significant ponding around the courts itself for that. You can see the number of cracks kind of running through there. That is just about as, some of those are just about as over three quarters of my pen. I didn’t have that picture in here but I put my pen down on there and it was a significant wide crack on there so you can kind of see the current condition. Even with that being said, what Jodi was kind of saying before there is still people still playing tennis on there that you certainly may be limiting the groups and the number of individuals that we do have that come out there and just simply choose to do another location to play tennis since this one is in Chanhassen Park and Recreation Commission – October 23, 2018 8 pretty tough shape. You can kind of see how the moisture and the frost has kind of pushed up on the nets itself and the holes for that. You can see significant heaves in the concrete footings certainly cracking around that area too. Certainly when you get tension on the nets they certainly pull in and pull up and it’s not a great situation so you can kind of see where we’re at with that. And that court, just to go back here real quick, this was crack sealed and resurfaced in 2007 so about 11 years ago and that’s what it looks like today. And just kind of looking around the perimeter fencing, certainly we have the frost has been pushing up on the fence and heaving those footings up with that so that’s in a number of different areas around the perimeter fencing around those north courts as well. You can kind of see those current conditions as well. So here’s the fun part. So what staff wanted to do was really make it available to the commission tonight to look at you know kind of what are our options for those north tennis courts. Current tennis courts. So number one, we can resurface, reconstruct the two tennis courts and remain currently what we are. We can resurface, reconstruct to make one tennis court and 4 pickleball courts on that space. Or we can resurface and reconstruct 6 pickleball courts eliminating tennis altogether. So what staff did, I worked with Adam and Jodi and myself to try to kind of put together kind of an item, a list of kind of what those projects are kind of estimated at, at this current price. Certainly you guys on your notice agenda you guys have other pictures as it relates to this. You also have that cost estimate. This one right here. That’s kind of how we came to these numbers so you know just as we’re looking at, we just did tennis itself and just basically just kind of duplicated what we currently have there with all the resurfacing, the paint, nets, posts, fencing, that sort of thing. The project estimate currently would be at $59,880. Okay? If we would do option number 2 with one tennis court and 4 pickleball that $59,880 would still be in place but then it would be an additional $8,400. Actually it’d be $9,285 for that for the total of $69,165. And if we would just do all pickleball, again keep that $59,000 and then add all the fencing cost and all that into that. That would add just about $14,000 onto that $59,000 price tag for a project estimate cost of roughly around $73,805 with that so. That’s kind of where up against right now for the CIP for 2019. We currently have $150,000 allocated just with, you know if we would remain with 2 tennis courts at the Rec Center and then the other 2 project locations the cost estimates right now would be at $149,975 so we started at $210,000 with our bids and we pared that down to $149,000 so we’re at, staff really feels that we did really sharpen our pencils and have serious conversations with our contractors and bid estimates on those so we feel we’re getting good value for the 3 locations but if the commission certainly would like to explore you know making a budget amendment to the 2019 budget number of $150,000 that certainly would be the commission’s choice at that point. So staff’s recommendation to stay within budget would be to resurface, reconstruct the 2 existing tennis courts for $59,880 at the Chan Rec Center, $45,700 at the South Lotus Lake Park tennis court and then $44,700 at the Lake Susan Park tennis court. That would be, get us underneath our $150,000 budgeted total for 2019. And then we certainly would be continuing then to serve our tennis needs for our community that we are currently having at the Rec Center. Scharfenberg: Alright, thank you Jodi and Jerry. If you could remain at the podium there and address any questions that members may have here. I’ll open it up for questions. Chanhassen Park and Recreation Commission – October 23, 2018 9 Echternacht: I personally like staying with tennis and I’ve been in favor of pickleball… additional courts added in the surrounding area I think we can push back on what we have. Bandimere somewhere down the line we could go with another pickleball courts at that point but because of the money crunch and so on… Scharfenberg: Anyone else? Jerry does the figures that you’ve gathered and put together include the outside fencing or is that going to be in addition to what we’re spending? Ruegemer: No the, certainly for, that would include some of the fencing as well. I think Adam and I are certainly aware that park maintenance staff will probably have to do some of the removal of fencing to get equipment in so we’ll do everything we can to stay certainly within that parameter of that number. Scharfenberg: But don’t you have to, I mean don’t all the posts have, I mean doesn’t the whole thing have to come out and be reset again? Ruegemer: Not necessarily. Scharfenberg: Even with all that frost heave? Hoffman: Some portions are not heaved. The portions that are heaved they’ll take those out. Ruegemer: Yeah. Scharfenberg: Okay. Alright. And so that, so this does take into consideration the fencing or there will be additional costs with the fencing. Ruegemer: It’s my opinion right now or my knowledge that that would be included in that price. Scharfenberg: Okay. And Jodi just so if you could speak to the issue of, you know I’m not saying anybody’s in favor of it but if it was all pickleball at the Rec Center how would that potentially impact do you think the summer programs and have you thought about okay what would we do? Where would we hold those? Can you just speak to that issue? Sarles: Sure yeah. I mean I think for us tennis has always been a little more popular because parents remember playing it a little bit better with the younger kids than pickleball. I believe that leaving the court situation kind of as is also allows for more activities inside and you know outside between CAA and our own programs at the Rec Center. Once you start taking away additional, so if we put in another 6 courts you multiply that by you know 12 more people. 12 more cars times 3 because they come in mass when they come so they like to, players like to be there for the social aspect and then they tend to stay for the 6:00 to 10:00 p.m. hours especially. So I think you know we would definitely have to rethink how we program things out there. Chanhassen Park and Recreation Commission – October 23, 2018 10 What would work. What wouldn’t work as far as to fit in, what everybody’s needs which I’m not sure that can happen. Ruegemer: Part of that too Chair Scharfenberg is looking at if we would go to that direction certainly we would have to work with Chanhassen Athletic Association on those. I mean they are currently scheduling 2 game times per night per field so, whether that is, you know we’ve talked about staggering game times. We’ve talked about trying to maximize and schedule a little smarter type of thing but you know they’re certainly trying to maximize our field options out at the Rec Center as well so. Not to say that we can’t come to some type of an agreement. Kind of go down that road but certainly it would be painful for the associations. Scharfenberg: And I’m assuming that this project would be bid as one big project. The bids wouldn’t be split out would they? Hoffman: One project. Scharfenberg: Okay. And typically in the past did we have local businesses that bid or anybody nationally that comes in to bid on something like this? Hoffman: Local contractors. Scharfenberg: Okay. And just for clarification, you know to make these usable, is this just fill in the cracks and resurface or will it be more than that? Hoffman: It’s a petro mat that is really the key and so they crack, take out the cracks. Grind them down. Fill those and then put that petro mat over the top of that so those cracks don’t reflect again and that’s been a really successful application over the past few rejuvenations of our tennis courts. And so you see if you go visit those courts that Jerry mentioned, Meadow Green and North Lotus, they look in exceptional shape because the cracks are there but they’re underneath that petro mat and they can’t get through it to reflect into the new surface. So that’s the change since the last time these were fixed. In ’07 the same application. They ground out the cracks. Patched them but then they just paved and painted and those cracks came right back through. That petro mat is a barrier to that crack. It doesn’t allow them to come up into that new layer of asphalt that you put on. Boettcher: And how long ago was that done? Like at North Lotus. Ruegemer: 2012. Hoffman: Yep, 2012. Scharfenberg: And how long does the whole kind of process take for them to say do the Rec Center? How long does that process take? Chanhassen Park and Recreation Commission – October 23, 2018 11 Hoffman: Probably a month. Scharfenberg: So have we thought about once, would the bids go out sometime this winter then? Hoffman: They would. Yep. So the first quarter and then you know prime time June, July, August. Those are best construction. Best weather…somewhere in there. Scharfenberg: Okay. Any other questions for staff? Boettcher: I was just kind of an aside but part of your presentation it sounded a little bit low to me but I lived in Florida for a few years so it was a little bit different but when you said the number of parking spots, 165 with 5 handicap, I thought I had a chance to report you but you’re pretty close to Minnesotaemployee.com standards at 151 to 200 is 6 handicap so. Like I said in Florida it was usually 90 percent. But again not to deal with this but I thought it sounded a little bit on the low side. Scharfenberg: I thought the same thing Jim. It did sound low. Boettcher: Yeah, well and I’m thinking too, I mean not that someone who’s handicap would necessarily play pickleball or tennis but coming up to watch or whatever it just sounded so I guess you’re safe. Sarles: I can tell you when the senior center has their holiday party out there or events, yep we are very low on handicap. We actually, I think you’ve kind of parked cars Todd. Hoffman: (Yes). Scharfenberg: Alright. Any other questions? If not can I have a motion? Boettcher: I’d like to make the motion as recommended. The Park and Rec Commission recommends to City Council that the Chan Rec Center courts be resurfaced, reconstructed to preserve 2 tennis courts. This project is included in the 2019 CIP tennis court refurbishment budget. Scharfenberg: Do we have a second? Echternacht: I’ll second. Scharfenberg: We have a motion and a second. Boettcher moved, Echternacht seconded that the Park and Recreation Commission recommends to City Council that the Chan Rec Center courts be resurfaced, reconstructed Chanhassen Park and Recreation Commission – October 23, 2018 12 to preserve 2 tennis courts. This project is included in the 2019 CIP tennis court refurbishment budget. All voted in favor, except for Commissioner Kelly who abstained. The motion carried with a vote of 7 in favor and 1 abstention. Scharfenberg: Alright we have 7 in favor and 1 abstention. Alright moving on. Next item, again thank you Jerry and Jodi for putting that together. That information. That was very helpful and we look forward to council approving that project. Ruegemer: Thank you. DISCUSSION OF ICE SKATING RINK LOCATIONS. Scharfenberg: We will move on next to Old Business and I had added skating rinks. I added that. This past week Todd and I received an email from City Councilmember Elise Ryan. Councilwoman Ryan has been contacted, indicated she had been contacted by several families living in the Pioneer Pass neighborhood and she was inquiring about the possibility of having a pleasure rink placed at Pioneer Pass. Todd sent an email back to the councilwoman indicating that you know this issue kind of had come up already at our September Park and Rec session. That we voted on those rinks and Todd wasn’t recommending that we adopt anything, although Todd indicated that it would be up to myself to bring that back to the commission so I’m just raising that. Letting people know that that issue had come up and my position would be, I think similar to Todd’s that we’ve already addressed that particular issue. We asked at the time of the September meeting if there were any other neighborhoods that had spoken up and we weren’t aware of any and we made a determination to pass staff’s recommendation. Certainly if the commission wants to take on a pleasure rink and look at that next year I would say that we would you know look at something like that next year but I wouldn’t be open necessarily to revising that this year. Any issues? Any discussion by anybody? Boettcher: If something like that were to be discussed what would be the location? Would it be by the playground there? Scharfenberg: I’m guessing that they have that open field next to the softball field. That they’d be doing it there, yep. Hoffman: Do one or the other. Either the soccer field or the softball field. I think we’d pick the one with the least amount of slope. Scharfenberg: Alright. Anybody feel inclined to do anything different? Seeing nodded heads, alright so I will pass that onto Councilwoman Ryan. I know she was going to speak to some of the people in that neighborhood and let them know that. They had interest in the future Todd certainly come to the commission and express their interest. COMMISSION MEMBER COMMITTEE REPORTS. None. Chanhassen Park and Recreation Commission – October 23, 2018 13 COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Scharfenberg: I would just comment on again the award presented to the Park and Rec Commission from the, the September meeting down in Rochester and I think Todd and. Hoffman: Adam. Scharfenberg: And Adam were down there to accept that award. Maybe Todd you could just give us a little update on how that went. Hoffman: Be glad to. Adam and I visited Rochester for a couple of days back in the later part of September. So great conference. Association of Planners and it was a regional conference but this was the Minnesota Chapter of Awards and we were really honored. Up on the big screen. Invited up to join the group and lots of consultants there and then just a lot of area planners and park and recreation professionals and to be recognized for especially for community engagement, I think it’s something we really strive to reach out to our citizenry during that planning process to make sure that the information that we put forth to the, into the plan and to the City Council was valid and so this really you know brought that home. It was a nice evening dinner and there’s a photo floating out there somewhere. I haven’t seen it yet so we’ll send that along when we see it so. But reflecting back, if you recall it was really the commission that brought this to the attention of the City Council and asked them to approve funding, for it’s funding a Park and Recreation System Plan and then you appointed a couple of members to sit on that advisory board and it was an 18 month long process and so you know very in depth plan and now when we’re starting as staff when we go and write reports so for example we’re doing a development subdivision review. We go to that plan. And so we go to that plan and we utilize what the information is in there to reflect back on what kind of requirements we’re going to ask for conditions of approval for both parks and trails. And so it’s a comprehensive document and it speaks to the people and when you do that, when you present that kind of information to developers, everybody recognizes that this plan was officially vetted. Adopted by the City Council. The citizenry was involved. It’s hard to fight against that and so it’s really a valuable document for the future of our community and obviously just proud to be recognized for that process. Scharfenberg: Alright, thank you Todd. Anything else in the packet? Jerry anything on picnic evaluations you want to talk about? Ruegemer: Just you know, just I’d say par for the course. Boettcher: Don’t ask him to pat himself on the back. We get enough of that. Chanhassen Park and Recreation Commission – October 23, 2018 14 Ruegemer: Yeah just here we strive hard to really exceed people’s, certainly customer’s expectations and that doesn’t just, that just doesn’t happen in my chair. Certainly Adam and his staff are wonderful out there. They’re out there on a daily basis making sure that all the picnic sites are clean and presentable for our next customers so it really is a team effort. It’s not just me up here taking the glory so I really tip my cap to the park maintenance division as well. Adam and his crew do a great job. Scharfenberg: I’d just comment that I stopped up at Manchester Park I think after our last meeting and kind of looked at that. You know I think it turned out really nice. Has that all been completed now? Hoffman: The sod is down. There’s trees planted. The only thing left would be the final lift of the asphalt in the parking lot. Scharfenberg: Okay. And any feedback from anybody that you’ve heard from? Hoffman: Yep. The neighbors that have been walking down think it’s really nice. We’re just going to have, let the neighborhood grow used, accustomed to the new facility. You’ll recall there was a little bit of apprehension about the water treatment plant so we’re just going to open it up and allow the neighborhood to wander down there and start utilizing it. We may send out a note of completion when it’s all said and done, thanking them for their patience. Scharfenberg: Yeah I was really impressed with the way that it all turned out. Hoffman: It looks nice. Scharfenberg: Yeah. Alright. Boettcher: I just had one comment, more of a question. I know it’s on the up and up I’m sure but I’d never noticed before, there’s a motorhome that’s been parked over at Lake Ann Park right by the facility shed. Hoffman: During the day? Boettcher: Yeah. Well it’s almost like it’s, I’ve taken my dog there in the evening and then the next morning I see it again. They’re not doing it without permission I’m sure but I just didn’t know, and that’s I think it was the lady was taking a lot of photographs of the, a lot of still shots of the area. Hoffman: It seems like Jerry knows something about it. Boettcher: Jerry’s cousin probably. Chanhassen Park and Recreation Commission – October 23, 2018 15 Ruegemer: Commissioner Boettcher I can address that question. I noticed the same thing probably 2 or 3 weeks ago. I did, I had a conversation with Lieutenant Kittelson with our Carver County liaison with that. Deputies were summoned to kind of investigate that area out there. What’s happening is there’s a couple that is going through kind of a transition. They’re waiting for a new residence to become available I believe the first part of November so what they’ve been doing is bringing the motorhome there during regular park hours so they are there during the day. During in that parking lot that you see them. Then at night they’re going to another location I believe in Chaska for that so they kind of keep making the rounds I guess on that. It’s legit. Well as far as…but there isn’t any shenanigans going on. It seems like they’re behaving themselves out there. I know the Carver County seemed satisfied with their I guess excuse of why they’re there but so it looks like it’s temporary and they will be out of there hopefully the first part of November. Boettcher: Well and you could tell them, I don’t know if they still do but Walmart used to offer that to anyone with a motorhome. When I would be traveling in Sioux Falls that Walmart down there always had at least 8 or 10 RV’s sitting at it every night. Hoffman: They still do it. Boettcher: So it wasn’t any of your relatives sitting out here then? Ruegemer: No. It was not. Scharfenberg: It’s not Chanhassen’s version of Breaking Bad? Ruegemer: I don’t think there was any meth going on the way it sounded so I think we’re good. Hoffman: It has brought up a question because now sports teams bring motorhomes as their club house and so motorhome parking is not permitted in Lake Ann Park by ordinance so it’s not, it’s not accommodated and so there is always that to fall back on. You have to fit in the stall to be legal. There is not motorhome parking available at Lake Ann Park. Boettcher: Good to know. Hoffman: But Chair Scharfenberg the last thing I have is November we do not have any, other than a couple reports which could be moved to December so if a development comes through. Lands on the November agenda we’ll continue with that meeting but otherwise we may, with your permission postpone it and move those items to December and then not meet in November but staff will keep you updated. Typically that we’ll know about 2 weeks out. And then on a development note the Holasek property, his name is called Holasek Business Park and it does not require review by the Park and Recreation Commission but I can tell you what it is. There’s 3 large industrial buildings built. Really the east to west along, from Lyman south end of the property, that pond that you see kind of that wetland area will be a pond. The main entrance will Chanhassen Park and Recreation Commission – October 23, 2018 16 be right across from Galpin. It’s being developed by Mark Undestad and his group and the park fees will be about $454,000 so it’s 12 and half thousand dollars per acre times the acreage of the 3 lots. There’s an outlot that does not get charged so I wrote that report today. It’s in your admin packet for the next time so I just wanted to let you know that that is at least up for consideration. It sounds like there’s users for all 3 of the structures that are being built. They’re about 110,000 square feet each on average. These facilities, it sounds like they’re transfer type facilities. Packaging transfer type facilities and so it’s pretty exciting. I know there was talk off and on about potentially athletic fields there. Something like that but it doesn’t seem to be in the cards right now but $454,000 in park fees isn’t bad either. Kelly: Todd if we’re not having a meeting next month don’t we have to figure out our December meeting because it won’t be the fourth Tuesday and that will be the party night. Hoffman: Yep. It’s always the second Tuesday so it’s scheduled. Kelly: The 11th? Scharfenberg: December 11th. Hoffman: Yep. That is per the schedule, correct. Kelly: And do we meet earlier on that? On December, I can’t remember. Hoffman: Typically we have. About 6:30 so we can get out of there and get out for our social. Kelly: Okay, thank you. Hoffman: You’re welcomed. Scharfenberg: Okay if there isn’t anything else can I entertain a motion? Boettcher moved, Echternacht seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 8 to 0. The Park and Recreation Commission meeting was adjourned at 8:20 p.m. Submitted by Todd Hoffman Park and Recreation Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Resolution 2018­56: Certify Water Hook­Up Charges Section CONSENT AGENDA Item No: E.3. Prepared By Greg Sticha, Finance Director File No:  PROPOSED MOTION “The City Council adopts a resolution certifying water hook­up charges." Approval requires a Simple Majority Vote of members present. BACKGROUND The following property owners agreed to have these charges assessed to their property taxes rather than paying them up front with the permit fees: 1. Eric Slechta and Shannon Slechta 8731 Audubon Road, 25.0220500 Water Hook­up Charges $7,443.00 – Repayment will occur over four years at 6.75% interest. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the certification of hook­up charges for Eric Slechta and Shannon Slechta to Carver County. ATTACHMENTS: Resolution authorizing certification of charges to property taxes Special Assessment Agreement 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION DATE: November 26, 2018 RESOLUTION NO: 2018-XX___ MOTION BY: _______ SECONDED BY: RESOLUTION AUTHORIZING CERTIFICATION OF WATER HOOK-UP CHARGES WHEREAS, the City has entered into a Special Assessment Agreement with Eric Slechta and Shannon Slechta dated June 5, 2018, a copy of which is attached hereto as Exhibit “A.” NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, 1. The Assessment Agreement is hereby approved. The Mayor and City Manager are authorized and directed to sign the Agreement. 2. Such proposed assessments are hereby levied and shall constitute special assessments against the lands named therein. 3. Such assessments shall be payable in equal annual installments according to the attached special assessment agreement, the first of the installments to be payable on or before the first Monday in January, 2019, and shall bear interest at the rate indicated in the attached special assessment agreement starting January 1, 2019. This assessment will show up on the first property tax statement for 2019. To each installment when due shall be added interest for one year on all unpaid installments. 4. The property owner may, at any time prior to certification of the assessment to the County, pay the whole of the assessment on such property to the City, except that no interest shall be charged if the entire assessment is paid prior to certification of the assessment. The owner may at any time thereafter pay the City the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before November 30 or interest will be charged through December 31, of the next succeeding year. The right to partially prepay the assessment is not available. 5. The Clerk shall forthwith transmit a certified duplicate of the assessment to the County to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED by the Chanhassen City Council this 26th day of November, 2018. 2 ATTEST: ______________________________ ______________________________ Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Resolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public Hearing Section CONSENT AGENDA Item No: E.4. Prepared By George Bender, Assistant City Engineer File No: Project No. 2018­02 PROPOSED MOTION “The City Council accepts the feasibility report for the Lake Drive East Street Improvement Project No. 18­02 and calls for the public hearing to be held on December 10, 2018." Approval requires a Simple Majority Vote of members present. BACKGROUND On May 8, 2017, the City Council approved a consultant contract for the Lake Drive East Street Rehabilitation Project No. 18­02. On November 8, 2018, an open house neighborhood meeting was held to discuss the proposed project. DISCUSSION Every year the city considers streets that are in poor condition to be rehabilitated or reconstructed. The Capital Improvement Program has planned for the rehabilitation of Lake Drive East in the summer of 2019. Staff utilized the city’s Pavement Management Program and site investigations to determine the project extents, as illustrated in Figure 1. The project includes approximately 0.76 miles of urbanized streets. Lake Drive East is a Municipal State Aid Route that was constructed in 1991, overlaid in 2002 and sealcoated in 1995 and 2005. The 2015 surveyed pavement conditions were 66.8 and 67.3 on the west and east sides of Dakota Avenue, respectively as shown in Figure 1. A PCI of 100 represents a new street. Figure 1: Proposed Project Area and 2015 Pavement Condition Scores According to 2015 traffic counts, Lake Drive East carried approximately 3,600 vehicles per day. Additional traffic counts were performed in August 2017 including counts on the weekend. Weekend traffic was 30% to 50% lower than weekday traffic. The weekday vehicle counts were up to 4,100 vehicles per day east of the Dakota Avenue intersection. Dakota Avenue is also a Municipal State Aid Route constructed in 1986 and sealcoated in 2005. As shown in Figure 1, the 2015 surveyed pavement condition was 74.4, which is higher than expected due to the extensive patching along the street corridor. A 190­foot long, raised concrete median separates north and southbound Dakota Avenue. The northbound portion consists of two through lanes, one left turn lane, and one right turn lane. The southbound portion consists of two lanes that transition to a right turn and a through/left turn lane at the Lake Drive East intersection. According to 2015 traffic counts, CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectResolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public HearingSectionCONSENT AGENDA Item No: E.4.Prepared By George Bender, Assistant City Engineer File No: Project No. 2018­02PROPOSED MOTION“The City Council accepts the feasibility report for the Lake Drive East Street Improvement Project No. 18­02 and calls for the public hearing to be held onDecember 10, 2018."Approval requires a Simple Majority Vote of members present.BACKGROUNDOn May 8, 2017, the City Council approved a consultant contract for the Lake Drive East Street Rehabilitation Project No. 18­02.On November 8, 2018, an open house neighborhood meeting was held to discuss the proposed project.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed. The Capital Improvement Program has planned for therehabilitation of Lake Drive East in the summer of 2019. Staff utilized the city’s Pavement Management Program and site investigations to determine theproject extents, as illustrated in Figure 1. The project includes approximately 0.76 miles of urbanized streets.Lake Drive East is a Municipal State Aid Route that was constructed in 1991, overlaid in 2002 and sealcoated in 1995 and 2005. The 2015 surveyedpavement conditions were 66.8 and 67.3 on the west and east sides of Dakota Avenue, respectively as shown in Figure 1. A PCI of 100 represents a newstreet.Figure 1: Proposed Project Area and 2015 Pavement Condition ScoresAccording to 2015 traffic counts, Lake Drive East carried approximately 3,600 vehicles per day. Additional traffic counts were performed in August 2017including counts on the weekend. Weekend traffic was 30% to 50% lower than weekday traffic. The weekday vehicle counts were up to 4,100 vehicles perday east of the Dakota Avenue intersection.Dakota Avenue is also a Municipal State Aid Route constructed in 1986 and sealcoated in 2005. As shown in Figure 1, the 2015 surveyed pavement condition was 74.4, which is higher than expected due to the extensive patching along the street corridor. A 190­foot long, raised concrete median separates north and southbound Dakota Avenue. The northbound portion consists of two through lanes, one left turn lane, and one right turn lane. The southbound portion consists of two lanes that transition to a right turn and a through/left turn lane at the Lake Drive East intersection. According to 2015 traffic counts, Dakota Avenue carries approximately 4,500 vehicles per day. Additional traffic counts were performed in August 2017 and the counted vehicles were up to 8,000 vehicles per day between the intersection with TH 5 and the intersection at Lake Drive East. Street and Intersection Improvements Staff recommends including Dakota Avenue in the project due to the underlying pavement condition, traffic volume, and the anticipated intersection improvements at Lake Drive East. The feasibility report includes proposed improvements at this intersection. Staff also recommends the pavement rehabilitation be accomplished as a mill and overlay project. Over the years, the city has received a significant amount of resident feedback related to this intersection. The intersection currently has a two­way stop condition for both directions of the Lake Drive East traffic. Residents in the Chanhassen Estates neighborhood to the south are concerned with eastbound Lake Drive East traffic failing to yield to traffic on Dakota Avenue.  The intersection averages about one crash per year.  There is also concern for pedestrian and bicyclist safety at this intersection. The feasibility study analyzed six alternatives for the intersection design including leaving the existing two­way stop condition or modifying it to a three­way stop or an all­way stop with and without turn lanes. The study also analyzed installing a traffic signal and a mini­ roundabout. The feasibility study and staff recommend a three­way stop condition be considered as the primary alternative (Figure 2). The secondary alternative (Figure 3) would be the installation of a mini­roundabout. Both alternatives would include pedestrian crossing improvements.  Both alternatives addressed traffic concerns but the three­way stop is much more cost effective and does not require right­of­way to be acquired.  The recommended pedestrian improvement includes signed and marked crossings on the north and west sides of the intersection. In conjunction with the three­way stop alternative, the median north of the intersection would be extended to the south and incorporate a pedestrian refuge. In addition, a sidewalk along the west side of the block to the south of the intersection will also be considered to improve pedestrian safety to the neighborhood. One of the biggest neighborhood concerns with traffic at the Dakota Avenue and Lake Drive intersection is the east­  and west­bound Lake Drive East traffic failing to stop for traffic on Dakota Avenue.  Currently, there are orange flags on the stop signs to draw driver's attention to the stop condition.  Some drivers still roll through the intersection without completely stopping.  An enhancement to the stop sign which would draw driver's attention to the stop condition would be replacement of the stop sign with stop signs that have embedded LED flashing perimeter lights.  National studies have shown these signs help improve driver stop compliance.  However, the signs have demonstrated they lose their effectiveness over time, as the traveling public becomes accustomed to the signs.  Two embedded LED solar­powered stop signs on Lake Drive East are estimated to cost $4,500.  Battery life expectancy of these units are three years, with a replacement cost of $200 each.     Figure 2: Three­Way Stop with Pedestrian Improvements Alternative CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectResolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public HearingSectionCONSENT AGENDA Item No: E.4.Prepared By George Bender, Assistant City Engineer File No: Project No. 2018­02PROPOSED MOTION“The City Council accepts the feasibility report for the Lake Drive East Street Improvement Project No. 18­02 and calls for the public hearing to be held onDecember 10, 2018."Approval requires a Simple Majority Vote of members present.BACKGROUNDOn May 8, 2017, the City Council approved a consultant contract for the Lake Drive East Street Rehabilitation Project No. 18­02.On November 8, 2018, an open house neighborhood meeting was held to discuss the proposed project.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed. The Capital Improvement Program has planned for therehabilitation of Lake Drive East in the summer of 2019. Staff utilized the city’s Pavement Management Program and site investigations to determine theproject extents, as illustrated in Figure 1. The project includes approximately 0.76 miles of urbanized streets.Lake Drive East is a Municipal State Aid Route that was constructed in 1991, overlaid in 2002 and sealcoated in 1995 and 2005. The 2015 surveyedpavement conditions were 66.8 and 67.3 on the west and east sides of Dakota Avenue, respectively as shown in Figure 1. A PCI of 100 represents a newstreet.Figure 1: Proposed Project Area and 2015 Pavement Condition ScoresAccording to 2015 traffic counts, Lake Drive East carried approximately 3,600 vehicles per day. Additional traffic counts were performed in August 2017including counts on the weekend. Weekend traffic was 30% to 50% lower than weekday traffic. The weekday vehicle counts were up to 4,100 vehicles perday east of the Dakota Avenue intersection.Dakota Avenue is also a Municipal State Aid Route constructed in 1986 and sealcoated in 2005. As shown in Figure 1, the 2015 surveyed pavementcondition was 74.4, which is higher than expected due to the extensive patching along the street corridor. A 190­foot long, raised concrete median separatesnorth and southbound Dakota Avenue. The northbound portion consists of two through lanes, one left turn lane, and one right turn lane. The southboundportion consists of two lanes that transition to a right turn and a through/left turn lane at the Lake Drive East intersection. According to 2015 traffic counts,Dakota Avenue carries approximately 4,500 vehicles per day. Additional traffic counts were performed in August 2017 and the counted vehicles were up to8,000 vehicles per day between the intersection with TH 5 and the intersection at Lake Drive East.Street and Intersection ImprovementsStaff recommends including Dakota Avenue in the project due to the underlying pavement condition, traffic volume, and the anticipated intersectionimprovements at Lake Drive East. The feasibility report includes proposed improvements at this intersection. Staff also recommends the pavementrehabilitation be accomplished as a mill and overlay project.Over the years, the city has received a significant amount of resident feedback related to this intersection. The intersection currently has a two­way stopcondition for both directions of the Lake Drive East traffic. Residents in the Chanhassen Estates neighborhood to the south are concerned with eastboundLake Drive East traffic failing to yield to traffic on Dakota Avenue.  The intersection averages about one crash per year.  There is also concern for pedestrianand bicyclist safety at this intersection. The feasibility study analyzed six alternatives for the intersection design including leaving the existing two­way stopcondition or modifying it to a three­way stop or an all­way stop with and without turn lanes. The study also analyzed installing a traffic signal and a mini­roundabout. The feasibility study and staff recommend a three­way stop condition be considered as the primary alternative (Figure 2). The secondaryalternative (Figure 3) would be the installation of a mini­roundabout. Both alternatives would include pedestrian crossing improvements.  Both alternativesaddressed traffic concerns but the three­way stop is much more cost effective and does not require right­of­way to be acquired.  The recommendedpedestrian improvement includes signed and marked crossings on the north and west sides of the intersection. In conjunction with the three­way stopalternative, the median north of the intersection would be extended to the south and incorporate a pedestrian refuge. In addition, a sidewalk along the westside of the block to the south of the intersection will also be considered to improve pedestrian safety to the neighborhood.One of the biggest neighborhood concerns with traffic at the Dakota Avenue and Lake Drive intersection is the east­  and west­bound Lake Drive East trafficfailing to stop for traffic on Dakota Avenue.  Currently, there are orange flags on the stop signs to draw driver's attention to the stop condition.  Some driversstill roll through the intersection without completely stopping.  An enhancement to the stop sign which would draw driver's attention to the stop condition wouldbe replacement of the stop sign with stop signs that have embedded LED flashing perimeter lights.  National studies have shown these signs help improvedriver stop compliance.  However, the signs have demonstrated they lose their effectiveness over time, as the traveling public becomes accustomed to thesigns.  Two embedded LED solar­powered stop signs on Lake Drive East are estimated to cost $4,500.  Battery life expectancy of these units are threeyears, with a replacement cost of $200 each.     Figure 2: Three­Way Stop with Pedestrian Improvements Alternative Figure 3: Mini­Roundabout Alternative with Pedestrian Crossings Water Main Improvements Twelve­inch ductile iron water main is within Lake Drive East and eight­inch cast iron water main is within Dakota Avenue as shown in Figure 4.  There are no documented water main breaks within the project area.  Some of the existing valves and hydrants are anticipated to be repaired/replaced with this project. Figure 4: Existing Water Main The cast iron water main under Dakota Avenue is proposed to be replaced with PVC pipe.  It has been the city’s practice to replace cast iron water main in conjunction with street projects in order to reduce the potential for disruptive and costly water main breaks.  In addition, the 8­inch cast iron water main under Dakota Avenue extends to the north under TH 5.  The pipe was not installed within a casing and access to it underneath TH 5 is limited due to traffic volumes.  A water main break under TH 5 would be a poor location for it to occur due to the impact to a high volume of traffic and the repair expense.  An engineering report was prepared specific to this section of pipe to consider if it would be necessary to rehabilitate the existing pipe via a cured­in­place structural lining process due to pressure or flow concerns.  This section of pipe was modeled and analyzed for ancillary effects related to pressure and flow if it was eliminated.  The report found the 8­inch water main could be eliminated with little effect on the water system in the area within and around the project. CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectResolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public HearingSectionCONSENT AGENDA Item No: E.4.Prepared By George Bender, Assistant City Engineer File No: Project No. 2018­02PROPOSED MOTION“The City Council accepts the feasibility report for the Lake Drive East Street Improvement Project No. 18­02 and calls for the public hearing to be held onDecember 10, 2018."Approval requires a Simple Majority Vote of members present.BACKGROUNDOn May 8, 2017, the City Council approved a consultant contract for the Lake Drive East Street Rehabilitation Project No. 18­02.On November 8, 2018, an open house neighborhood meeting was held to discuss the proposed project.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed. The Capital Improvement Program has planned for therehabilitation of Lake Drive East in the summer of 2019. Staff utilized the city’s Pavement Management Program and site investigations to determine theproject extents, as illustrated in Figure 1. The project includes approximately 0.76 miles of urbanized streets.Lake Drive East is a Municipal State Aid Route that was constructed in 1991, overlaid in 2002 and sealcoated in 1995 and 2005. The 2015 surveyedpavement conditions were 66.8 and 67.3 on the west and east sides of Dakota Avenue, respectively as shown in Figure 1. A PCI of 100 represents a newstreet.Figure 1: Proposed Project Area and 2015 Pavement Condition ScoresAccording to 2015 traffic counts, Lake Drive East carried approximately 3,600 vehicles per day. Additional traffic counts were performed in August 2017including counts on the weekend. Weekend traffic was 30% to 50% lower than weekday traffic. The weekday vehicle counts were up to 4,100 vehicles perday east of the Dakota Avenue intersection.Dakota Avenue is also a Municipal State Aid Route constructed in 1986 and sealcoated in 2005. As shown in Figure 1, the 2015 surveyed pavementcondition was 74.4, which is higher than expected due to the extensive patching along the street corridor. A 190­foot long, raised concrete median separatesnorth and southbound Dakota Avenue. The northbound portion consists of two through lanes, one left turn lane, and one right turn lane. The southboundportion consists of two lanes that transition to a right turn and a through/left turn lane at the Lake Drive East intersection. According to 2015 traffic counts,Dakota Avenue carries approximately 4,500 vehicles per day. Additional traffic counts were performed in August 2017 and the counted vehicles were up to8,000 vehicles per day between the intersection with TH 5 and the intersection at Lake Drive East.Street and Intersection ImprovementsStaff recommends including Dakota Avenue in the project due to the underlying pavement condition, traffic volume, and the anticipated intersectionimprovements at Lake Drive East. The feasibility report includes proposed improvements at this intersection. Staff also recommends the pavementrehabilitation be accomplished as a mill and overlay project.Over the years, the city has received a significant amount of resident feedback related to this intersection. The intersection currently has a two­way stopcondition for both directions of the Lake Drive East traffic. Residents in the Chanhassen Estates neighborhood to the south are concerned with eastboundLake Drive East traffic failing to yield to traffic on Dakota Avenue.  The intersection averages about one crash per year.  There is also concern for pedestrianand bicyclist safety at this intersection. The feasibility study analyzed six alternatives for the intersection design including leaving the existing two­way stopcondition or modifying it to a three­way stop or an all­way stop with and without turn lanes. The study also analyzed installing a traffic signal and a mini­roundabout. The feasibility study and staff recommend a three­way stop condition be considered as the primary alternative (Figure 2). The secondaryalternative (Figure 3) would be the installation of a mini­roundabout. Both alternatives would include pedestrian crossing improvements.  Both alternativesaddressed traffic concerns but the three­way stop is much more cost effective and does not require right­of­way to be acquired.  The recommendedpedestrian improvement includes signed and marked crossings on the north and west sides of the intersection. In conjunction with the three­way stopalternative, the median north of the intersection would be extended to the south and incorporate a pedestrian refuge. In addition, a sidewalk along the westside of the block to the south of the intersection will also be considered to improve pedestrian safety to the neighborhood.One of the biggest neighborhood concerns with traffic at the Dakota Avenue and Lake Drive intersection is the east­  and west­bound Lake Drive East trafficfailing to stop for traffic on Dakota Avenue.  Currently, there are orange flags on the stop signs to draw driver's attention to the stop condition.  Some driversstill roll through the intersection without completely stopping.  An enhancement to the stop sign which would draw driver's attention to the stop condition wouldbe replacement of the stop sign with stop signs that have embedded LED flashing perimeter lights.  National studies have shown these signs help improvedriver stop compliance.  However, the signs have demonstrated they lose their effectiveness over time, as the traveling public becomes accustomed to thesigns.  Two embedded LED solar­powered stop signs on Lake Drive East are estimated to cost $4,500.  Battery life expectancy of these units are threeyears, with a replacement cost of $200 each.    Figure 2: Three­Way Stop with Pedestrian Improvements AlternativeFigure 3: Mini­Roundabout Alternative with Pedestrian CrossingsWater Main ImprovementsTwelve­inch ductile iron water main is within Lake Drive East and eight­inch cast iron water main is within Dakota Avenue as shown in Figure 4.  There are nodocumented water main breaks within the project area.  Some of the existing valves and hydrants are anticipated to be repaired/replaced with this project.Figure 4: Existing Water MainThe cast iron water main under Dakota Avenue is proposed to be replaced with PVC pipe.  It has been the city’s practice to replace cast iron water main inconjunction with street projects in order to reduce the potential for disruptive and costly water main breaks.  In addition, the 8­inch cast iron water main underDakota Avenue extends to the north under TH 5.  The pipe was not installed within a casing and access to it underneath TH 5 is limited due to traffic volumes.  Awater main break under TH 5 would be a poor location for it to occur due to the impact to a high volume of traffic and the repair expense.  An engineering report was prepared specific to this section of pipe to consider if it would be necessary to rehabilitate the existing pipe via a cured­in­place structural lining process due to pressure or flow concerns.  This section of pipe was modeled and analyzed for ancillary effects related to pressure and flow if it was eliminated.  The report found the 8­inch water main could be eliminated with little effect on the water system in the area within and around the project. Sanitary Sewer Improvements Municipal sanitary sewer within the project area is 8­inch PVC pipe and 12­inch RCP as shown in Figure 5.  The city had the sewer lines cleaned and televised to determine the scope of work.  Some minor repairs are recommended to the sanitary sewer system including removal of mineral deposits at joints within the existing mains.  Other inflow and infiltration reduction items recommended include replacement of concrete adjusting rings, installation of chimney seals, and replacement of casting lids that do not conform to city standards.  Staff inspections indicated there is not a need for manhole repair or replacement. Figure 5: Existing Sanitary Sewer Storm Sewer Improvements The existing storm system is shown in Figure 6.  City staff inspected the storm sewer system and identified necessary repairs.  Improvements to the system will include replacement of structures that are failing including concrete adjusting rings and invert repairs.  Additionally, the project will include the installation of drain tile behind the back of the curb to alleviate groundwater from weeping onto the street.  The location and extent of drain tile installation will be determined during the design process. Figure 6: Existing Storm Sewer Feasibility Report The feasibility report was prepared by WSB and Associates.  A copy of the feasibility report is available in the Engineering Department.  An open house was held on Thursday, November 8, 2018 to discuss the proposed project and to answer questions; approximately 30 people attended.  All of the residents' questions were answered at the meeting and/or with a follow­up after the meeting. SCHEDULE The proposed project schedule is as follows: Neighborhood Meeting November 8, 2018 City Council Accepts Feasibility Report; Orders Public Hearing November 26, 2018 Public Hearing; Authorize Preparation of Plans and Specifications December 10, 2018 State Aid Submittal January, 2019 Approve Plans and Specifications; Authorize Advertisement for Bids February 25, 2019 CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectResolution 2018­57: Lake Drive East Street Improvement Project No. 18­02: Accept Feasibility Study; Call Public HearingSectionCONSENT AGENDA Item No: E.4.Prepared By George Bender, Assistant City Engineer File No: Project No. 2018­02PROPOSED MOTION“The City Council accepts the feasibility report for the Lake Drive East Street Improvement Project No. 18­02 and calls for the public hearing to be held onDecember 10, 2018."Approval requires a Simple Majority Vote of members present.BACKGROUNDOn May 8, 2017, the City Council approved a consultant contract for the Lake Drive East Street Rehabilitation Project No. 18­02.On November 8, 2018, an open house neighborhood meeting was held to discuss the proposed project.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed. The Capital Improvement Program has planned for therehabilitation of Lake Drive East in the summer of 2019. Staff utilized the city’s Pavement Management Program and site investigations to determine theproject extents, as illustrated in Figure 1. The project includes approximately 0.76 miles of urbanized streets.Lake Drive East is a Municipal State Aid Route that was constructed in 1991, overlaid in 2002 and sealcoated in 1995 and 2005. The 2015 surveyedpavement conditions were 66.8 and 67.3 on the west and east sides of Dakota Avenue, respectively as shown in Figure 1. A PCI of 100 represents a newstreet.Figure 1: Proposed Project Area and 2015 Pavement Condition ScoresAccording to 2015 traffic counts, Lake Drive East carried approximately 3,600 vehicles per day. Additional traffic counts were performed in August 2017including counts on the weekend. Weekend traffic was 30% to 50% lower than weekday traffic. The weekday vehicle counts were up to 4,100 vehicles perday east of the Dakota Avenue intersection.Dakota Avenue is also a Municipal State Aid Route constructed in 1986 and sealcoated in 2005. As shown in Figure 1, the 2015 surveyed pavementcondition was 74.4, which is higher than expected due to the extensive patching along the street corridor. A 190­foot long, raised concrete median separatesnorth and southbound Dakota Avenue. The northbound portion consists of two through lanes, one left turn lane, and one right turn lane. The southboundportion consists of two lanes that transition to a right turn and a through/left turn lane at the Lake Drive East intersection. According to 2015 traffic counts,Dakota Avenue carries approximately 4,500 vehicles per day. Additional traffic counts were performed in August 2017 and the counted vehicles were up to8,000 vehicles per day between the intersection with TH 5 and the intersection at Lake Drive East.Street and Intersection ImprovementsStaff recommends including Dakota Avenue in the project due to the underlying pavement condition, traffic volume, and the anticipated intersectionimprovements at Lake Drive East. The feasibility report includes proposed improvements at this intersection. Staff also recommends the pavementrehabilitation be accomplished as a mill and overlay project.Over the years, the city has received a significant amount of resident feedback related to this intersection. The intersection currently has a two­way stopcondition for both directions of the Lake Drive East traffic. Residents in the Chanhassen Estates neighborhood to the south are concerned with eastboundLake Drive East traffic failing to yield to traffic on Dakota Avenue.  The intersection averages about one crash per year.  There is also concern for pedestrianand bicyclist safety at this intersection. The feasibility study analyzed six alternatives for the intersection design including leaving the existing two­way stopcondition or modifying it to a three­way stop or an all­way stop with and without turn lanes. The study also analyzed installing a traffic signal and a mini­roundabout. The feasibility study and staff recommend a three­way stop condition be considered as the primary alternative (Figure 2). The secondaryalternative (Figure 3) would be the installation of a mini­roundabout. Both alternatives would include pedestrian crossing improvements.  Both alternativesaddressed traffic concerns but the three­way stop is much more cost effective and does not require right­of­way to be acquired.  The recommendedpedestrian improvement includes signed and marked crossings on the north and west sides of the intersection. In conjunction with the three­way stopalternative, the median north of the intersection would be extended to the south and incorporate a pedestrian refuge. In addition, a sidewalk along the westside of the block to the south of the intersection will also be considered to improve pedestrian safety to the neighborhood.One of the biggest neighborhood concerns with traffic at the Dakota Avenue and Lake Drive intersection is the east­  and west­bound Lake Drive East trafficfailing to stop for traffic on Dakota Avenue.  Currently, there are orange flags on the stop signs to draw driver's attention to the stop condition.  Some driversstill roll through the intersection without completely stopping.  An enhancement to the stop sign which would draw driver's attention to the stop condition wouldbe replacement of the stop sign with stop signs that have embedded LED flashing perimeter lights.  National studies have shown these signs help improvedriver stop compliance.  However, the signs have demonstrated they lose their effectiveness over time, as the traveling public becomes accustomed to thesigns.  Two embedded LED solar­powered stop signs on Lake Drive East are estimated to cost $4,500.  Battery life expectancy of these units are threeyears, with a replacement cost of $200 each.    Figure 2: Three­Way Stop with Pedestrian Improvements AlternativeFigure 3: Mini­Roundabout Alternative with Pedestrian CrossingsWater Main ImprovementsTwelve­inch ductile iron water main is within Lake Drive East and eight­inch cast iron water main is within Dakota Avenue as shown in Figure 4.  There are nodocumented water main breaks within the project area.  Some of the existing valves and hydrants are anticipated to be repaired/replaced with this project.Figure 4: Existing Water MainThe cast iron water main under Dakota Avenue is proposed to be replaced with PVC pipe.  It has been the city’s practice to replace cast iron water main inconjunction with street projects in order to reduce the potential for disruptive and costly water main breaks.  In addition, the 8­inch cast iron water main underDakota Avenue extends to the north under TH 5.  The pipe was not installed within a casing and access to it underneath TH 5 is limited due to traffic volumes.  Awater main break under TH 5 would be a poor location for it to occur due to the impact to a high volume of traffic and the repair expense.  An engineering reportwas prepared specific to this section of pipe to consider if it would be necessary to rehabilitate the existing pipe via a cured­in­place structural lining process due topressure or flow concerns.  This section of pipe was modeled and analyzed for ancillary effects related to pressure and flow if it was eliminated.  The report foundthe 8­inch water main could be eliminated with little effect on the water system in the area within and around the project.Sanitary Sewer ImprovementsMunicipal sanitary sewer within the project area is 8­inch PVC pipe and 12­inch RCP as shown in Figure 5.  The city had the sewer lines cleaned and televisedto determine the scope of work.  Some minor repairs are recommended to the sanitary sewer system including removal of mineral deposits at joints within theexisting mains.  Other inflow and infiltration reduction items recommended include replacement of concrete adjusting rings, installation of chimney seals, andreplacement of casting lids that do not conform to city standards.  Staff inspections indicated there is not a need for manhole repair or replacement.Figure 5: Existing Sanitary SewerStorm Sewer ImprovementsThe existing storm system is shown in Figure 6.  City staff inspected the storm sewer system and identified necessary repairs.  Improvements to the system willinclude replacement of structures that are failing including concrete adjusting rings and invert repairs.  Additionally, the project will include the installation ofdrain tile behind the back of the curb to alleviate groundwater from weeping onto the street.  The location and extent of drain tile installation will be determinedduring the design process.Figure 6: Existing Storm SewerFeasibility ReportThe feasibility report was prepared by WSB and Associates.  A copy of the feasibility report is available in the Engineering Department. An open house was held on Thursday, November 8, 2018 to discuss the proposed project and to answer questions; approximately 30 people attended.  Allof the residents' questions were answered at the meeting and/or with a follow­up after the meeting.SCHEDULEThe proposed project schedule is as follows:Neighborhood Meeting November 8, 2018City Council Accepts Feasibility Report; Orders Public Hearing November 26, 2018 Public Hearing; Authorize Preparation of Plans and Specifications December 10, 2018 State Aid Submittal January, 2019 Approve Plans and Specifications; Authorize Advertisement for Bids February 25, 2019 Open Bids March 21, 2019 Assessment Hearing; Accept Bids and Award Contract April 22, 2019 Public Informational Meeting May, 2019 Start Construction July, 2019 Construction Substantially Complete September, 2019 Final Completion October 18, 2019 PROJECT FUNDING Funding for the project will come from city funds, state aid funds, and special assessments.  Based upon the recommended improvements, the estimated Opinion of Probable Cost for the total project is $764,434.08.  The estimated costs include a 5% contingency and 10% indirect costs. The breakdown of the cost estimate is shown below: Lake Drive East Street Improvement Project ­ Estimated Cost Summary Street Improvements $580,702.12 Water Main Improvements $75,389.79 Sanitary Sewer Improvements $17,325.00 Storm Sewer Improvements $77,272.67 Intersection Improvements (Roadway Alt. 2, Pedestrian Alt. 4)$13,744.50 Total Project Cost $764,434.08 The project is proposed to be assessed to 18 adjacent benefiting properties.  Assessments will be based on the city’s assessment practice of assessing 40% of the street improvement cost to the benefiting properties on a per lot basis.  The remaining 60% of the street improvement costs will be funded through state aid funds and city funds.  The utility improvements are proposed to be 100% funded through city funds.  The assessments would be proposed for an 8­year term at an interest rate of prime rate plus 2% at the time the contract is awarded. Lake Drive East Street Improvement Project ­ Assessment Summary Total Street Cost $580,702.12 Total Assessable Street Cost $438,086.32 40% of Assessable Cost $175,234.53 Assessable Area (Acre)71.01 Per Unit of Area Assessment $2,467.65/acre Based upon the Opinion of Probable Cost, the proposed special assessments calculate to a cost of $2,467.65/acre for the commercial properties. RECOMMENDATION From an engineering and funding perspective, this project is feasible, necessary, and cost­effective. ATTACHMENTS: Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 26, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING THE PUBLIC HEARING FOR THE LAKE DRIVE EAST STREET IMPROVEMENT PROJECT NO. 18-02 WHEREAS, pursuant to resolution of the Council adopted May 8, 2017, a report has been prepared by City staff with reference to the above-referenced project, and this report is being received by the Council on November 26, 2018, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The Council will consider the improvement of such project in accordance with the report and the assessment of abutting properties for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the street improvements of $764,434.08. 2. Public hearing for the proposed improvements within the Lake Drive East Street Improvement Project No. 18-02 shall be held on December 10, 2018 in the Council Chambers of City Hall at 7:00 PM. The clerk shall give mailed and published notice of the hearing and improvement as required by law. Passed and adopted by the Chanhassen City Council this 26th day of November, 2018. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Tort Liability Limits Section CONSENT AGENDA Item No: E.5. Prepared By Chelsea Petersen, Assistant City Manager File No:  PROPOSED MOTION “The City Council does not waive the monetary limits on municipal tort liability established by Minnesota Statues 466.04.” Approval requires a Simple Majority Vote of members present. BACKGROUND Under Minnesota Statute 466.04 municipal tort liability is limited to a maximum of $500,000 per claimant and $1.5 million per occurrence. These limits apply in the event a claim is filed against the city, against the individual employee(s), or against both. The purpose of these caps is to protect and preserve limited public resources. The League of Minnesota Cities Insurance Trust, the city’s insurance carrier, has requested that the City Council take action with regards to tort cap liability limits as cities have the ability to waive tort cap liability limits. The City of Chanhassen has historically NOT waived these limits.  RECOMMENDATION Staff recommends that the City of Chanhassen NOT waive our tort liability limits. ATTACHMENTS: Tort Limit Waiver Form CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Approve Geotechnical Consultant Contract for TH101 Improvements, Pioneer Trail to Flying Cloud Drive Section CONSENT AGENDA Item No: E.6. Prepared By Paul Oehme, Dir. of Public Works/City Engineer File No: Project No. 2014­08 PROPOSED MOTION “The City Council approves a consultant contract with American Engineering Testing, Inc. (AET) for geotechnical exploration and engineering services in the amount of $62,088.” Approval requires a Simple Majority Vote of members present. BACKGROUND The Highway 101 project will expand and realign Highway 101 to a four­lane urban roadway section from Pioneer Trail to Flying Cloud Drive. This 1.1­mile section of road will be designed to meet County State Aid standards. The project generally consists of grading, paving, storm sewer, pedestrian bridge, pedestrian underpass, pedestrian trails, retaining walls, ponds, street lighting, bridge removal, water main, and sanitary sewer construction. The city has taken the lead on the project and has been working with MnDOT and Carver County on final design. The project requires several consulting services. On October 8, 2018, the City Council approved engineering design and right­of­way acquisition services contracts for the project. Kimley­Horn and Associates, Inc. was selected for the design services, and Henning Professional Services, Inc. was selected for right­of­way acquisition services. Kimley­ Horn’s engineering design services contract included that a separate contract would be awarded by the city for geotechnical exploration and engineering services in support of the project design. DISCUSSION Proposals were solicited from American Engineering Testing, Inc. and Braun Intertec Corporation for the soil exploration and engineering services required for the project. Both firms submitted a proposal and the proposed costs were as follows: American Engineering Testing ­ $62,088 Braun Intertec ­ $64,900 The proposals were reviewed to compare the proposed work scopes and estimated costs. Both firms are capable of completing the required work and both have successfully completed past work for the city. Based on a review of the proposals, staff is recommending that American Engineering Testing be selected for the work. American Engineering Testing’s contract is time and material based, with the proposed fee being a total not to exceed CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectApprove Geotechnical Consultant Contract for TH101 Improvements, Pioneer Trail to FlyingCloud DriveSectionCONSENT AGENDA Item No: E.6.Prepared By Paul Oehme, Dir. of Public Works/CityEngineer File No: Project No. 2014­08PROPOSED MOTION“The City Council approves a consultant contract with American Engineering Testing, Inc. (AET) for geotechnicalexploration and engineering services in the amount of $62,088.”Approval requires a Simple Majority Vote of members present.BACKGROUNDThe Highway 101 project will expand and realign Highway 101 to a four­lane urban roadway section from PioneerTrail to Flying Cloud Drive. This 1.1­mile section of road will be designed to meet County State Aid standards. Theproject generally consists of grading, paving, storm sewer, pedestrian bridge, pedestrian underpass, pedestrian trails,retaining walls, ponds, street lighting, bridge removal, water main, and sanitary sewer construction. The city has takenthe lead on the project and has been working with MnDOT and Carver County on final design.The project requires several consulting services. On October 8, 2018, the City Council approved engineering designand right­of­way acquisition services contracts for the project. Kimley­Horn and Associates, Inc. was selected for thedesign services, and Henning Professional Services, Inc. was selected for right­of­way acquisition services. Kimley­Horn’s engineering design services contract included that a separate contract would be awarded by the city forgeotechnical exploration and engineering services in support of the project design.DISCUSSIONProposals were solicited from American Engineering Testing, Inc. and Braun Intertec Corporation for the soilexploration and engineering services required for the project. Both firms submitted a proposal and the proposed costswere as follows:American Engineering Testing ­ $62,088Braun Intertec ­ $64,900The proposals were reviewed to compare the proposed work scopes and estimated costs. Both firms are capable ofcompleting the required work and both have successfully completed past work for the city. Based on a review of theproposals, staff is recommending that American Engineering Testing be selected for the work. American Engineering Testing’s contract is time and material based, with the proposed fee being a total not to exceed amount. As with all engineering contracts, they must submit periodic invoices that staff will review before processing. Staff will review the invoices for accuracy and conformance with the contract. Funding for geotechnical work is programmed to come from Minnesota Department of Transportation funds.   ATTACHMENTS: AET Proposal Date: November 15, 2018 Presented by: American Engineering Testing, Inc. (AET) 550 Cleveland Avenue North St. Paul, MN 55114 Toll free: 800.972.6364 GEOTECHNICAL PROPOSAL TH 101 Reconstruction Chanhassen, Minnesota Contact: Matthew Ruble mruble@amengtest.com (651) 659-1314 www.amengtest.com I 800.972.6364 550 Cleveland Avenue North St. Paul, MN 55114 hone 651-659-9001 Toll Free 800-972-6364 Fax 651-659-1379 www.amengtest.com AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. November 16, 2018 Mr. Paul Oehme, PE City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Re: Proposal for Geotechnical Services TH101 Improvements Chanhassen, Minnesota AET Proposal No. 01-20255 Dear Mr. Oehme: American Engineering Testing, Inc. (AET) is pleased to submit this proposal for geotechnical services. In this proposal, we present our understanding of the project, an outline of the scope of services we are to provide, a schedule of our proposed work, and an estimate of our fees. 1.0 PROJECT INFORMATION: The project realigns and reconstructs a portion of Trunk Highway 101 (TH 101), from CSAH 61 (Flying Cloud Dr.) to CSAH 14 (Pioneer Trail). The project limits extend from STA 54+86 (CSAH 61) to 111+47 (CSAH 14), a distance of approximately 1.1 miles, expanding and realigning the current two-lane rural road into a four-lane urban roadway section. The southern end of the realigned highway section will connect to the recently constructed roundabout intersection on CSAH 61. The project will remove poor operations and safety problems along the corridor caused due to capacity constraints, poor sight lines, blind intersections, and narrow shoulders bringing it up to CSAH standards. As part of the project a box culvert will be installed as a trail underpass crossing under TH101 just north of the roundabout at approximate STA 55+80. A pedestrian bridge will be constructed at approximate STA 62+70 to allow the Minnesota River Bluffs LRT Regional Trail to cross over TH101. New intersections will be created at Creekwood Drive and Bramble Drive. A new retaining wall will also be built south of the Creekwood Drive intersection and west of the proposed highway. Additionally, two new storm water ponds will be created and a third pond, north of CSAH 14 will be expanded. Also, as part of the project new bituminous pavement and storm sewer system will be put in along with concrete curb and gutter. 2.0 PROJECT STAFFING: AET is fortunate to have a diverse staff of highly technical experts with extensive experience on MnDOT projects. We’ve won the majority of recent large design-build projects in Minnesota and coupled with other Trunk Highway, County and Municipal projects we’ve developed a strong team of transportation experts. City of Chanhassen – TH101 Improvements AET Proposal No. 01-20255 November 16, 2018 Page 2 of 6 Matt Ruble will act as the project manager for this project. Matt has extensive transportation experience including acting as the lead engineer for the adjacent CR61 project under construction in Hennepin and Carver County while at a former employer. Matt led the strategic discussions with Hennepin County staff and other consultants to develop a design that met Hennepin County and MnDOT needs. Some of the geotechnical conditions encountered in that project will likely be encountered in this project including organic soils, compressible natural soils, seepage conditions, and bluff stabilization. Jeff Voyen and Joe Bentler will serve as technical resources. Jeff and Joe have extensive transportation experience and both worked on the adjacent TH101 by providing geotechnical services to S.E.H. Greg Reuter is another technical resource for this project. Greg is currently the geotechnical department lead and performs an extensive amount of work on transportation projects. Jeff, Joe, Greg and the rest of our transportation and geotechnical team will be a great asset to providing recommendations for both design and construction for this project. The resumes of Jeff, Joe and Greg are attached to this proposal. 3.0 AVAILABLE GEOTECHNICAL INFORMATION AET reviewed the Preliminary Geotech Memorandum, dated October 1, 2015, prepared by Mr. Luke Thompson, PE and Mr. Brent Theroux, PE of S.E.H., Inc that was provided as part of the RFP package. We also reviewed the MnDOT boring logs attached to the memorandum. These logs indicate the presence of swamp deposits at boring B-1, just north of the CSAH 61 roundabout, approximately 20 feet below existing grade. Further north along the proposed highway, moving to higher elevations the soils appear to be alluvium deposits consisting of sandy loam, silty loam and clay loam along with outwash sands, organic clay and clay till. Geotechnical Field Exploration The total length of the proposed project (excluding side streets and intersections) is approximately 5545 feet. It is our understanding the City of Chanhassen does not desire a geotechnical exploration program meeting all MnDOT standards but prefers a program more similar to some municipal and county projects. We have reviewed the completed soil boring program and recommend the additional borings discussed below. The borings will be extended to depths ranging from 10 to 80 feet below existing grades. The deeper borings are predominantly located in areas of structures or swamp deposits with the shallower borings typically located in roadway construction areas. The exact locations and depths of these borings can be found in the attachments to this proposal. A breakdown of the numbers and types of borings is as follows: City of Chanhassen – TH101 Improvements AET Proposal No. 01-20255 November 16, 2018 Page 3 of 6 • To determine the extent of the muck excavation (swamp deposit area), we propose to perform 8 SPT borings from STA 55+80 to STA 58+80. These borings are spaced approximately 100 feet apart with 3 borings across two of the cross sections (one at the centerline and two on each side of the roadway). These new borings along with the one SPT boring that MnDOT performed (B-1) will allow us to investigate the extent of the muck excavation as well as soils underneath the proposed box culvert at STA 55+80. • Perform 2 SPT borings for the pedestrian bridge at STA 62+70, one for each abutment. Boring B-3 does not appear to be deep enough to provide possible recommendations for both spread footings and deep foundations using piling as requested by Mr. Thompson. • Perform 3 FA borings on the remaining sections of the proposed TH101. • Perform 3 SPT borings sampled at 2½ feet intervals for the three storm water ponds being built or expanded as part of the project with depths extending to 10 feet below the bottom of basin elevation. • Perform an additional FA boring to a depth of 10 ft. on Creekwood Drive, east of the proposed TH101. • Perform laboratory testing on retrieved soil samples. We have budgeted to perform the services with an off-road vehicle away from the roadway to the extent traffic control is not needed with the exception of four days of drilling. We have been requested to budget for four days of drilling with a flagging crew. Before we drill, we will contact Gopher State One Call to locate public underground utilities. Gopher State One Call does not currently charge for this service, but they will not locate private lines. We request that you locate private utilities. If it is necessary to contact a private locating company, these companies charge for their services, but we have not included a fee in this proposal for retaining a private locator. If this is found to be necessary, we will pass this fee along to you at cost, in addition to our fee for the geotechnical exploration. Accessing the boring locations may leave ruts in the ground. We assume that the City of Chanhassen will arrange and handle any site restoration work. We have not included a fee for site restoration in our cost estimate. Accessing all of the desired boring locations due to hilly terrain or other obstructions such as trees or heavy brush may be difficult. We have not budgeted for tree removal or grading equipment to level earth for drill rig access. We assume that all boring locations are readily accessible for our all-terrain vehicle-mounted drill rig and right of entry will be obtained by others. We have not budgeted for snow plowing to access the site but could do so if requested. FINAL REPORT Upon completion of the drilling and laboratory testing, we will prepare a final geotechnical report. The final report will include logs of all borings completed for this project, laboratory test City of Chanhassen – TH101 Improvements AET Proposal No. 01-20255 November 16, 2018 Page 4 of 6 results, a review of engineering properties of the on-site soils, and our geotechnical engineering opinions and recommendations regarding the following: • Grading procedures to prepare the roadway alignments for embankment and pavement support. • Estimates of time-rate of consolidation and total settlement for the proposed roadway embankments for organic areas. • Foundation types and depths, including allowable soil bearing capacity and estimates of foundation settlement for proposed pedestrian bridge, box culvert and retaining wall. • Pavement designs for TH101, Creekwood Drive, and Bramble Drive, based on traffic data provided by BMI. • Comments on other items which may affect final performance or constructability, such as frost heave, drainage considerations, and safe excavation limits. MINNESOTA DEPARTMENT OF HEALTH FEES: Effective July 1, 2017, the Minnesota Department of Health (MDH) has changed the borehole sealing and notification requirements. For sites where borings are drilled to a depth of 15 feet or deeper, all licensed drilling companies are required by law to submit written notification to the MDH prior to drilling along with a fee of $75. If one or more of the boring depths vary by 25 feet, or more, the MDH requires an additional written notification and fee of $75 per boring. Projects that span multiple properties will require multiple notifications. The MDH also requires that these borings be grouted and that a Sealing Record be submitted to the MDH, with a copy to you, after the borings are completed. The above fee estimate for our geotechnical services includes the MDH fee for the proposed scope of drilling; however, because final boring depths can change, for example, due to possible unanticipated poor soil conditions, the final MDH fee (including an administrative charge of $65 per notification) will be added, if necessary, to our final invoice to you. The MDH Sealing Record requires the Property Owner name and mailing address (the Property Owner will also receive a copy of the Sealing Record). Please provide this information below. Property Owner’s name/company name: ______________________________________________________ Property Owner’s mailing address: ______________________________________________________ ENVIRONMENTAL CONCERNS: This proposal is presented for engineering services to evaluate the structural properties of the soil City of Chanhassen – TH101 Improvements AET Proposal No. 01-20255 November 16, 2018 Page 5 of 6 at the specified site. This proposal does not cover an environmental assessment of the site or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us. FEES Our fees for services will be charged on a time and materials basis in accordance with the attached fee schedule. For the scope of services described above, our charges will be as follows: 1. Field exploration $ 30,572.74 2. Utility Clearance and Traffic Control $ 2,246.00 3. 4 days of Flagging Crew $ 7,200.00 4. Laboratory testing $ 4,801.00 5. Project Management and Geotechnical engineering $ 17,268.00 TOTAL ESTIMATE $ 62,087.74 Optional Services A. Extra Slope Stability Analysis $2,500 per analysis We’d like to highlight a few additional costs that could be incurred based on the desired location of the borings: • We have included fees for stability analysis of two swamp deposit cross sections and for the retaining wall. • We have budgeted to perform the borings away from the roadway with an off-road drill rig. If the borings are performed near the roadway we would utilize a truck-mounted drill rig and reduce the cost of our drilling services by about $300/day. • We have not budgeted for MnDOT, City or County permit fees. We will obtain permits but presume any fees will be waived for this project. • We have not budgeted for snow plowing. • We have not budgeted for private utility locators. In the event the scope of our services needs to be revised (for example, additional or deeper borings/soundings, or additional field or laboratory testing), we will review such scope adjustments and the associated fees with you, and receive your approval before proceeding. Additional services, not outlined on the attached estimated table of fees, will be performed at our 2018 fee schedule rates. TERMS AND CONDITIONS: All AET Services are provided subject to the Terms and Conditions set forth in the enclosed “Environmental/Geotechnical Service Agreement—Terms and Conditions,” which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your City of Chanhassen – TH101 Improvements AET Proposal No. 01-20255 November 16, 2018 Page 6 of 6 successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. ACCEPTANCE: AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have questions or need additional information, please contact us. Sincerely, American Engineering Testing, Inc. Mohammed Khan Matthew P. Ruble, PE Staff Engineer Vice President – Principal Engineer Phone: 612-600-7860 Phone: 651-659-1314 Email: mkhan@amengtest.com Email: mruble@amengtest.com Attachments: Summary of Boring Locations Project Cost Estimate Service Agreement (4 pgs.) Resumes: Matt Ruble Jeff Voyen Greg Reuter Joe Bentler AET PROPOSAL No.: 01-20255 ACCEPTANCE AND AUTHORIZATION Signature ________________________________ Date ______________________ Typed/Printed Name:___________________________________________________________ Company ____________________________________________________________________ Boring Boring Loc Boring Depth (ft.)(STA)Type B-1 46.5 STA 55+50 SPT PB-1 40.0 STA 55+80 Box Culvert East end SPT PB-2 40.0 STA 55+80 Box Culvert Centerline SPT PB-3 40.0 STA 55+80 Box Culvert West end SPT PB-4 40.0 STA 56+80 Between NB & SB TH101 (Median)SPT 13 PB-5 40.0 STA 57+80 Approx. 100' west of proposed SB TH101 SPT 537.0 ft. PB-6 40.0 STA 57+80 Between NB & SB TH101 (Median)SPT PB-7 40.0 STA 57+80 Approx. 100' east of proposed NB TH101 SPT Total no. of proposed FA Borings =4 Total length of proposed FA Borings =40.0 ft. B-2 STA 58+50 (To be drilled by MnDOT) PB-8 40.0 STA 58+80 Between NB & SB TH101 (Median)SPT B-3 49.4 STA 62+70 East Abutment SPT PB-9 80.0 STA 62+70 East Abutment SPT PB-10 80.0 STA 62+70 West Abutment SPT PB-11 10.0 STA 65+00 CL NB proposed TH101 FA B-15 80.0 STA 67+30 East edge of NB TH101 SPT B-4 75.0 STA 68+90 East edge of NB TH101 SPT PB-12 10.0 STA 72+00 Between NB & SB TH101 (Median)FA B-6 65.0 STA 75+20 East edge of NB TH101 SPT B-7 40.5 STA 80+00 SPT B-9 9.0 STA 83+50 FA PB-13 10.0 STA 87+00 FA B-10 15.0 STA 91+00 FA B-11 70.0 STA 93+90 SPT B-12 10.0 STA 97+50 FA B-13 10.0 STA 102+50 FA B-14 20.0 STA 108+20 FA PB-14 23.0 SPT PB-15 20.0 SPT PB-16 14.0 SPT B-8 65.0 SPT PB-18 10.0 FA Boring #Boring Loc (Cross-Sec) WET CONDITIONS (POSSIBLE SWAMP AREA) Legend Rt Turn Ln, NB TH101 Shoulder P.I. NB TH101 CL NB TH101 CL NB TH101 East edge of SB TH101 CL NB TH101 CL NB TH101 CL NB TH101 Creekwood Dr east of TH101 AET Proposal # 01-20255 TH 101 Improvements - Soil Borings RETAINING WALL (Assuming length of 100 ft.) SIDE STREETS/ROADS Ret. Wall PONDS PCH Pond Bramble Pond Pond expansion North of Pioneer Trl General Boring Location PEDESTRIAN BRIDGE SPT - Standard Penetration Test FA - Flight Augers Borings drilled by MnDOT Proposed Borings for special conditions and/or structures Proposed Borings for mainline (Regular conditions) Borings to be drilled by MnDOT Total length of proposed SPT Borings = Total no. of proposed SPT Borings = Page 1 of 1 Item Trips Quantity Unit Rate Total Project Management and Engineering Senior Engineer - Project Manager 20 hr 165.00$ 3,300.00$ Engineer II 60 hr 141.00$ 8,460.00$ Principal Engineer 20 hr 188.00$ 3,760.00$ Engineering Assistant 10 hr 110.00$ 1,100.00$ Administrative Assistant 6 hr 68.00$ 408.00$ CAD Boring Location Sketch (External)2 hr 120.00$ 240.00$ 17,268.00$ Preparation/coring Utilities/Layout (prior to drilling) Local Travel - Round Trip Miles 300 unit 1.00$ 300.00$ Site time 6 unit 116.00$ 696.00$ Private locator unit 200.00$ -$ Traffic Control Traffic control signs 5 days 250.00$ 1,250.00$ Miscellaneous Snowplowing lump sum -$ Access permits lump sum -$ 2,246.00$ 2-person crew (site time)45 hrs 160.00$ 7,200.00$ 7,200.00$ Laboratory Testing Standard Proctor 3 unit 135.00$ 405.00$ R-Value 3 unit 400.00$ 1,200.00$ Sieve Analysis 4 unit 105.00$ 420.00$ Sieve/Hydrometer 2 unit 200.00$ 400.00$ Organic Content 6 unit 65.00$ 390.00$ Atterberg Limit Tests 6 unit 113.00$ 678.00$ Dry Density 6 unit 55.00$ 330.00$ Unconfined Compression Tests 6 unit 113.00$ 678.00$ Thinwall Tubes 12 unit 25.00$ 300.00$ Consolidation Tests - time rate 2 unit 500.00$ 1,000.00$ Direct Simple Shear Tests 2 unit 550.00$ 1,100.00$ 4,801.00$ Drilling Labor and Expense Metro Area Mobilization - Round Trip 500 mile 2.00$ 1,000.00$ Drill Rig Mobilization (per day)10 days 88.40$ 884.00$ Drill Setup - HSA Boring 13 unit 65.80$ 855.40$ HSA Boring Footage (0 to 50 feet)477 ft 32.42$ 15,464.34$ HSA Boring Footage (50+ feet)60 ft 37.90$ 2,274.00$ Drill Setup - FA Boring 4 unit 32.90$ 131.60$ FA Drilling & Sampling 430 ft 20.28$ 8,720.40$ Borehole Sealing (Borings/CPT Soundings >15 ft only)343 ft 1.00$ 343.00$ MDH Sealing Permit 12 unit 75.00$ 900.00$ 30,572.74$ 62,087.74$ Total Geotechnical Costs Utility Clearance and Traffic Signs All Terrain Drill Rig Laboratory Subtotal Costs Project Management and Engineering Subtotal Costs All Terrain Drilling Subtotal Costs Geotechnical - Slope Stability Estimate Flagging Crew American Engineering Testing Inc. Budget Details Estimate TH101 Improvements AET Proposal No. 01-20255 Estimated Units ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 - This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein “Services” refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order, task order or service order for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1.2 – Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1.4 – Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1.5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.7 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.8 - The AET proposal accompanying these terms and conditions is valid for ninety (90) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 - SITE ACCESS AND RESTORATION 2.1 - Client will furnish AET safe and legal site access. 2.2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITY AND STRUCTURE CLEARANCE 3.1 - Borings, excavations and other penetrations must be located at safe distances from underground utilities or other man-made objects. Client shall advise AET of all utilities that service or are located on the site, and any underground improvements located on the site. Prior to drilling, AET will contact state notification centers, where available, or individual utility owners where a state notification center is not available. AET shall be entitled to rely on the location information provided by locating vendors. 3.2 – If Public utility owners do not provide the locating service on private property or the property owner has private underground improvements which cannot be cleared through the state notification center or public utility owners, Client shall be responsible for location of such utilities prior to drilling, or for payment of a private utility clearance subcontractor. 3.3 - AET will not be responsible for any damages to underground utilities/improvements not located or incorrectly identified by the foregoing location methods. SECTION 4 - CONTAMINATION 4.1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4.2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 5.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. SECTION 6 – SAMPLES 6.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 6.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 9 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 9.1 – AET maintains the following insurance coverage and limits of liability: Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional Liability Insurance $1,000,000 per claim $1,000,000 aggregate 9.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 9.4 - Professional Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date. 9.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 9.6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 9.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11 - PAYMENT, INTEREST, AND BREACH 11.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. 11.3 – AET reserves the right to secure any unpaid invoice utilizing available remedies at law. AET explicitly reserves its’ Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 12 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client if AET’s fees are approaching the proposal amount and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for services ordered under this agreement. Approval of a change order may be in writing or by electronic communication. SECTION 13 - MEDIATION 13.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator’s fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 11 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 15 - MUTUAL INDEMNIFICATION 15.1 - Subject to the limitations contained in Sections 13 and 14, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 15.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 15.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Services are performed, the Client shall include AET as a beneficiary. 15.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 16- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the services provided by AET under this Service Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Service Agreement in accordance with the provisions of the Service Agreement and related Documents and shall survive any such termination. SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET’s officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resulting from or in any way related to services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty and shall not exceed the total compensation in excess of costs received by AET for services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 18 – UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint-venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. SECTION 19 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 20 - TERMINATION After 7 days' written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the file. SECTION 21 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 22 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 23 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. Matthew P. Ruble, PE Vice P resident – Principal Engineer Education Bachelor of Civil Engineering University of Minnesota 1995 Registrations/Certifications MN Professional Engineer No. 40935 WI Professional Engineer No. 37450-006 Employment American Engineering Testing, Inc. Vice President – Principal Engineer January 2017-present Braun Intertec Corporation. Vice President – Principal Engineer June 1994 – January 2017 Professional Memberships American Society of Civil Engineers American Council of Engineering Companies Minnesota Geotechnical Society Minnesota Surveyors and Engineers Society American Public Works Association AET Responsibilities • Principal in Charge and Project Manager for geotechnical and pavement consulting and construction services. • Client Service Manager for transportation and private construction projects. Design Build Experience • Bridges of Mower County, Interstate 90, Austin, MN  Lead geotechnical engineer, assisted in proposal preparation, and oversight of condition surveys and vibration monitoring for this design-build project on Interstate 90 consisting mostly of three bridges. (2009-2010) • Interstate 35W (St. Anthony Falls) Bridge over the Mississippi River, Minneapolis, MN  Oversaw pre-condition surveys and vibration monitoring of nearly 50 structures and helped coordinate testing and inspection of Braun Intertec personnel on this design build project. (2007-2008) • Interstate 494 Reconstruction from TH5 to TH 55, Eden Prairie, Minnetonka and Plymouth, MN  Assisted proposal preparation and design for this design build project. (2003- 2004) • Anoka County 14 Design-Build Project, Blaine and Coon Rapids, MN, 2011 to 2012  Led preparation of vibration monitoring and condition survey plan and senior oversight of vibration monitoring and condition surveys. Over 400 residents and owners were included in the scope of work. Also performed independent technical review of geotechnical reports. • Mankato 14/41 Design-Build Project, Mankato, MN, 2011  Lead geotechnical engineer and Braun Intertec project manager for winning Design-Build team. Project was never awarded because all bids were over MnDOT estimate. Bridge/Tunnel Structures • CR 61 (Flying Cloud Drive) Reconstruction, Eden Prairie and Chanhassen, MN,  Senior engineer for 4-mile roadway reconstruction and widening project including 6,600 lineal feet of soldier pile and lagging, cast-in-place concrete retaining walls, and 2,000 lineal feet of conventional and land bridge. Significant stability analysis was needed due to widening in areas of poor soils and cuts into hill sides. (2012-2014) Matthew P. Ruble, PE Vice P resident – Principal Engineer • Southwest LRT Line, West Segment, Hopkins, Minnetonka, and Eden Prairie, MN  Lead geotechnical for the West Segment of the Southwest LRT line from Hopkins to Eden Prairie. The west segment is an approximately seven-mile-long new alignment on brand new embankments. Key features include 3,000 foot Hopkins/Minnetonka swamp/CP Rail Bridge, TH 62 Tunnel, TH 212 Bridge, Golden Triangle Land Bridge, Nine Mile Creek/Technology Drive Bridge, TH 494 Bridge, Prairie Center Drive Bridge, and Land Bridge at Southwest Station and on Technology Drive. (2013-2016) • Midtown Greenway River Bridge, Minneapolis, MN  Preliminary geotechnical evaluation for potential Mississippi River crossing bridge. (2008) • Franklin Avenue Bridge, Bridge over the Mississippi River, Minneapolis, MN  Senior project manager for material inspection and testing services, environmental services, and geotechnical consulting during design phase. (2013) • Bridge over TH55, Midtown Greenway Phase IV, Minneapolis, MN  Geotechnical evaluation for single tower cable stay pedestrian bridge over TH55, including approach panel, piers and embankments. (2006-2008) • York Avenue Bridges, Edina, MN  Geotechnical services for new bridges over a bike and pedestrian trail for southbound and northbound York Avenue. (2009) • Penn Avenue Bridge over Minnehaha Creek, Minneapolis, MN  Geotechnical services for new bridge. (2002) • Lyndale Avenue Bridge over Minnehaha Creek, Minneapolis, MN  Geotechnical services for new bridge. (2010) • St. Anthony Blvd Bridge, Minneapolis, MN  Geotechnical and construction services for new replacement bridge, retaining walls and roadway improvements for St. Anthony Boulevard over the BNSF yard in Minneapolis. (2012-2016) • Washington Avenue Pedestrian Bridges Reconstruction — Geotechnical evaluation and construction testing services. (2001-2002) • Lindau Lane/Tunnel, Bloomington, MN  Geotechnical and construction services for new cut and cover tunnel, retaining walls and roadway improvements of Lindau Lane to allow for expansion of the Mall of America across and literally on top of the tunnel. (2012-2014) • Killibrew Drive Pedestrian Bridge, Bloomington, MN  Geotechnical and construction services for new pedestrian bridge over Killibrew Drive connecting into the Radisson Blu hotel at the Mall of America. (2011) • American Boulevard Reconstruction over Interstate 35W Project, Bloomington, MN,  Preconstruction, construction and post-construction condition surveys, vibration monitoring and geotechnical evaluations for roadway improvements including a new bridge over Interstate 35W. (2004-2005) • Reconstruction of the 15th and 16th Avenue Bridges over the Midtown Greenway, Minneapolis, MN  Geotechnical engineer and prime consultant for design consisting of reconstructing the 15th Avenue bridge and the 16th Avenue bridge over the Midtown Greenway. (2010) • Fallon Avenue Bridge over Interstate 90, Monticello, MN  Geotechnical services for new bridge and roadway expansion over Interstate 94. (2017) • Blatnik Bridge (Interstate 535) between Duluth, MN and Superior, WI  Project manager for environmental borings and test pits and bridge inspection and testing services as part of this evaluation of the bridge for reconstruction. (2018) • Egret Boulevard Bridge, Coon Rapids, MN  Geotechnical and construction services for new bridge over Coon Creek. (2009) • Airside Operating Area Traffic Tunnel and D-Street Bridge, Minneapolis/St. Paul International Airport, MN  Geotechnical evaluation and construction testing services. (1998-2000) • Roadway Reconstruction, Elevated Bridge for Landside Operating Traffic, Return to Terminal Elevated Roadway, Minneapolis/St. Paul International Airport, MN  Geotechnical evaluation and construction testing services. (1998-2000) Matthew P. Ruble, PE Vice P resident – Principal Engineer • 54th Street Bridge, Edina, MN  Geotechnical services for new bridge over Minnehaha Creek. (2009) • 56th Street Bridge, Edina, MN  Geotechnical services for new bridge over Minnehaha Creek. (2009) • CSAH 42 Reconstruction, Burnsville and Savage, MN  Geotechnical services for roadway reconstruction, retaining wall design and roadway bridge replacement. (2007-2008) • New 24th Avenue Bridge, ALSF Bridge and Reconstruction of Airport Lane and West 77th Street, Minneapolis/St. Paul International Airport, MN  Geotechnical evaluation and construction testing services. (2004-2005) • Private Railroad, Bridge Reconstruction at 13 locations, North Dakota, Minnesota and Wisconsin  Geotechnical evaluations and construction testing services. (1995-1998) • MSP 2010 Parking Expansion, Minneapolis/St. Paul International Airport, MN  Construction testing services for automated people mover (subway). (1998-2000) • Automated People Mover (Elevated Train) for Green Concourse Expansion, Minneapolis/St. Paul International Airport, MN  Geotechnical evaluation. (1998-2000) • Runway 17-35 Tunnel, 4-22 Tunnel, Tunnel W-Y, and Tunnel Y-3, Minneapolis/St. Paul International Airport, MN  Concrete testing and thermal analysis review for mass pours on tunnels with 13,000 to 43,820 cubic yards of concrete each. (2003-2007) • Lindbergh Terminal (T1) Roadway Realignment and Expansion, Minneapolis/St. Paul International Airport, MN  Geotechnical and construction testing services for Northwest Drive Bridge and Parking Ramp Plaza Bridge (2015-2017) • Bridge 9, Former Railroad Bridge over the Mississippi River, Minneapolis, MN  Project manager for material inspection and testing services during pre-design phase and geotechnical services during design. (2011- 2013) Highway/Roadway Experience • CSAH 101 Reconstruction and New Bridge, Wayzata, MN  Geotechnical services for reconstruction of roadway, new roundabout, new bridge, railroad embankment lowering, new retaining walls, and MCES sanitary sewer in areas of soft soil and organic deposits. (2007-2015) • TH 284 and CSAH 10, Waconia, MN  Geotechnical services for new roundabout and roadway approaches. (2008-2009) • TH 284 and Sparrow Road, Waconia, MN  Construction services for new roundabout and reconstruction of roadways. (2007-2008) • TH 3 and County 28, Inver Grove Heights, MN  Geotechnical services for new intersection. (2008) • TH 212, Carver and Hennepin Counties, MN  Additional soil exploration Program for new freeway construction consisting of 300 borings, thousands of laboratory tests and coordination of access on private property. (2004) • TH70, Near Pine City, MN  Additional soil exploration program for new roadway reconstruction. (2004) • TH52 and TH 50, Hampton, MN  Geotechnical evaluation and construction testing services. (2008-2009) • CSAH 83 from CSAH 16 to CSAH 42, Shakopee and Prior Lake, MN  Geotechnical services for two mile long widening of CSAH 83 from two lanes rural design to four lanes. (2008-2009) • City of Bloomington 2011 Testing Contract, Multiple Locations, Bloomington, MN Senior Project Engineer for 13 construction projects in 44 neighborhoods for this annual testing contract. • City of Bloomington Geotechnical Projects, Bloomington, MN  Geotechnical services for utility improvements at West 84th street. (2011) • City of Bloomington 2007 Testing Services Contract, Multiple Locations, Bloomington, MN  Twenty-nine sites throughout the City including large roadway expansion into existing swamp. State Aid Projects include: Matthew P. Ruble, PE Vice P resident – Principal Engineer West 84th Street and Bush Lake Road, American Boulevard, West 95th Street, Killebrew Drive, Lyndale Avenue and West 110th Street. • City of Bloomington 2006 Testing Contract, Multiple Locations, Bloomington, MN  Twenty Sites across the City of Bloomington. State Aid Projects include: Bloomington Ferry Road, France Avenue, West 98th Street, 34th Avenue, East Old Shakopee Road and American Boulevard. • City of Bloomington 2005 Testing Contract, Multiple Locations, Bloomington, MN  State Aid Projects include: East Bush Lake Road, Lyndale Avenue, West 90th Street, Poplar Bridge. • City of Bloomington Geotechnical Projects, Bloomington, MN (2005)  Projects include: West 78th Street Sanitary Sewer Reconstruction, West 84th Street and East Bush Lake Road Reconstruction and Embankment Widening, 2006 Pavement Management Program Geotechnical Report. • CSAH 5 New Construction, Belle Plaine, MN  Geotechnical evaluation. (2008) • Bluff Creek Road Construction, Chanhassen, MN  Construction testing services for state aid project. (2008) • County Road 30 Construction, Waconia, MN  Construction testing services for state aid project. (2008) • Birch Street Construction, Waconia, MN  Construction testing services for state aid project. (2008) • Lowry Avenue Phase I Reconstruction, Minneapolis, MN  Construction services for state aid project. (2007) • Lowry Avenue Phase II Reconstruction, Minneapolis, MN  Geotechnical and construction services for state aid project. (2007-2008) • Midtown Greenway Phase III Trail Extension, Minneapolis, MN  Construction testing services for this State Aid Project. (2007) • City of Edina 2006 Testing Contract, Multiple Locations, Edina, MN  Construction service for road and utility reconstruction. • Silver Lake Road Reconstruction, Minneapolis, MN  Geotechnical services. (2007) • Braemar Boulevard and West 77th Street Reconstruction, Edina, MN  Geotechnical evaluation. (1996) • Hiawatha Bike and Pedestrian Trail Ramp, Minneapolis, MN  Geotechnical evaluation for new ramp adjacent to Hiawatha LRT line. (2008) • Lyndale Avenue Reconstruction, Richfield, MN  Construction testing services for state aid project. (2005) • Lindau Lane Reconstruction, Bloomington, MN  Construction • testing services for state aid project. (2005) • Midtown Greenway Phase III Access Ramp, Minneapolis, MN  Geotechnical and construction services for state aid project. (2006-2007) • Cedar Lake Bike and Pedestrian Trail, Minneapolis, MN  Geotechnical site investigation and recommendations for trail and retaining structures for extension of Cedar Lake Trail from Minnesota Twins Stadium to West River Road. (2008) • Trunk Storm Sewer Phases III and IV, Minneapolis/St. Paul International Airport, MN  Construction testing services for 2,000 linear foot box-culvert storm sewer, 15 acres of retention ponds, dams and multiple control structures. (2003-2005) Jeffery K. Voyen, PE Vice President/Principal Engineer 6/18 Education Bachelor of Civil Engineering University of Minnesota, 1978 NHI/FHWA/MnDOT Courses- Geotechnical Aspects of Pavements, Shallow Foundations, Drilled Shafts, Pile Downdrag, Ground Improvement, Slope/Embankment Design, Lateral Loading on Deep Foundations Registrations/Certifications Professional Engineer, Minnesota, No. 15928 Employment American Engineering Testing, Inc. Vice President, 1995 - present Manager, Geotechnical, 1990-1995 Twin City Testing Corp. Manager, Geotechnical/Soils, 1986-1990 Geo Engineer to Senior Engineer, 1978-1986 Soils Technician, 1972-1978 Professional Memberships M. ASCE Geo-Institute ACEC/MN MN Geotechnical Society Presentations Basics of Soil Compaction, Univ. of Minn. Municipal Engineers Conference, 1988, and MN Public Works Association Construction Conference, 1989 Field Soil Exploration, Class Lecturer, Inver Hills and North Hennepin Co. Community Colleges (4 years) Geotechnical Issues Relating to Pipe Performance and Constructability, Guest Lecturer, APWA Underground Utility Inspection School, annually from 2010 to 2018 Met Council Annual Meeting, 2013 AET Responsibilities • Client Communication and proposal preparation. • Engineering analysis and report preparation. • Budget establishment and project management. • QA standardization of procedures and reports. • Personnel training and mentoring. Project Experience Jeff has served as AET’s lead geotechnical engineer for the projects listed below. As the lead, he has prepared and directed soil boring/cone penetration test (CPT) work plans for evaluation of geotechnical soil/bedrock properties, conducted analysis, and prepared geotechnical reports. MnDOT Design-Build Projects TH 169 Nine Mile Creek DB Project, Edina/Minnetonka I-35E MnPASS DB Project, St. Paul to Little Canada St. Croix Minnesota Approach DB, Oak Park Heights/Stillwater TH 52 Oronoco DB Project, Oronoco TH 52 – CSAH 9 DB Project, Goodhue County I-90 Unbonded Overlay DB Project, Jackson/Martin Counties Roadway/Highway Projects I-35W/4th Street Ramp and Auxiliary Lane, Minneapolis Pilot Knob Rd Reconstruction, North of Yankee Doodle Rd, Eagan Washington CSAH 21 Improvements, Oak Park Heights TH 210 Pavement Improvements, McGregor to Carlton TH 65 Reclamation and Widening, McGregor CSAH 61 (Shady Oak Road), CSAH 3 to Bren Road, Minnetonka TH 3 & 190th Street Intersection/Roundabout, Farmington TH 61 & CSAH 2 Intersection/Roundabout, Forest Lake Shepard Road Reconstruction, St. Paul City Street Reconstruction RSVP Projects, St. Paul (20+ years) City Street Reconstruction, 2012 to 2015, Lake Elmo Levee Road Improvements, Red Wing Pioneer Drive and Pond CD-P76, Woodbury Lilydale Road Construction, Lilydale Featured Major Projects Target Field and adjacent Plaza Bridges, Minneapolis US Bank Stadium, Minneapolis Southwest LRT System, East Segment, Minneapolis to Hopkins Central Corridor LRT System, St. Paul to Minneapolis Interchange Multimodal Transportation Hub, Minneapolis Bridge/Interchange Projects I-90 Bridge over Mississippi River, Near Dresbach I-35E/Cayuga Street Interchange, St. Paul TH 52 Lafayette Bridge River Piers, St. Paul I-494/Lyndale Avenue Bridge and Interchange, Richfield I-35W/CSAH 96 Bridge and Interchange, Arden Hills I-35W/County Road H Bridge and Interchange, Mounds View Phalen Blvd Bridge over Westminster Junction, St. Paul Gregory R. Reuter, PE, PG, D.GE Principal Engineer/Vice-President Geotechnical Engineering 11/18 Education M.S. Civil (Geotechnical) Engineering University of Illinois – Chicago, 1988 B.S. Geological Engineering University of Minnesota, 1984 Graduate studies in Geotechnical Engineering University of Texas –Arlington, 1985-1986 Registrations/Certifications Professional Engineer – MN, WI, ND, SD IL, VA, TX, PA, AL, MI, KS, IN, WY Professional Geologist – MN, WI Board Certified Geotechnical Engineer (D.GE) by the Academy of Geo-Professionals Employment American Engineering Testing, Inc. St. Paul, MN Principal Engineer – Geotechnical Division 2006 – Present GME Consultants, Inc. Minneapolis, MN Principal Geotechnical Engineer, 2004-2005 Senior Project Engineer, 1991-2004 Project Engineer, 1988-1991 Prof. Serv. Industries Chicago, IL Geotechnical Branch Manager 1986-1988 National Soil Serv./Prof. Serv. Ind. Dallas, TX Staff Geotechnical Engineer 1984-1986 Professional Memberships American Society of Civil Engineers Association of Engineering Geologists Geo-Institute Minnesota Geotechnical Society (Past President) Toastmasters International (Past Local President) Univ. of MN Geotechnical Conference Planning Committee (Past Chairman) AET Responsibilities  Vice-President of Geotechnical Engineering  Geotechnical Division Manager  Engineering analysis and consultation in all areas of geotechnical engineering  Project management  Personnel training and supervision Experience Greg has served as AET’s lead geotechnical engineer or AET geotechnical advisor/reviewer on numerous projects. He has a wide range of geotechnical expertise, including shallow and deep foundations, in-situ testing, slope stability analysis and landslide stabilization, ground improvement, and mechanically stabilized earth retaining wall and slope design. His project experience includes private and commercial projects, along with City, County, and State projects. He was the Lead Geotechnical Engineer on numerous design- build, and design-bid-build projects. He was also a subconsultant on a MnDOT CM/GC project. These projects include: I35 Forest Lake UBOL and Bridges 2017-present Client: Minnesota Department of Transportation Responsibility: Lead Geotechnical Engineer Pavement rehabilitation, bridge replacement, and interchange improvement project extending from CSAH 54 to CSAH 8 in the Cities of Lino Lakes, Columbus, and Forest Lake. Mr. Reuter is supervising the geotechnical drilling and laboratory testing, performing geotechnical analysis for bridge foundation design, and analyses for embankment construction over deep soft clay to conform with MnDOT settlement criteria. Project also includes designing a specialty geotechnical instrumentation program for monitoring embankment settlement, and preparation of Foundation Analysis Design Reports (FADR) and Material Design Recommendation (MDR) reports. TH 371 Expansion, Design-Build 2015-2017 Client: Minnesota Department of Transportation Responsibility: Lead Geotechnical Engineer The project includes the 11-mile long expansion of TH 371 to a four-lane divided highway between Nisswa and Jenkins, Minnesota. Supervised the geotechnical drilling and laboratory testing. Performed geotechnical analysis for bridge foundation design, and analyses for embankment construction over deep soft soil and organic deposits. Designed specialty geotechnical instrumentation program for monitoring vertical and lateral soil movements. Prepared Foundation Analysis Design Reports (FADR) and Material Design Recommendation (MDR) reports. Gregory R. Reuter, PE, PG, D.GE Principal Engineer/Vice-President Geotechnical Engineering 11/18 Design-Build, Design-Bid-Build, CM/GC Experience (Continued) TH 43 Mississippi River Bridge 5900 Reconstruction, CM/GC 2015-2017 Client: Minnesota Department of Transportation Responsibility: Subconsultant Geotechnical Engineer I-94 Widening, Design-Build 2014-2015 Client: Minnesota Department of Transportation Responsibility: Lead Geotechnical Engineer TH 52 Elk Run Design-Build 2010-2013 Client: Minnesota Department of Transportation Responsibility: Lead Geotechnical Engineer Dresbach Interchange, Design-Bid-Build 2011-2012 Client: Minnesota Department of Transportation Responsibility: Lead Geotechnical Engineer Lock and Dam No. 3, Design-Build Navigation Improvements 2009-2011 Client: US Army Corps of Engineers Responsibility: Lead Geotechnical Engineer Selected Publications Piles/Deep Foundations Reuter, G.R., “An Evaluation of High Pile Rebound in Glacial Till,” Proceedings of the 10th International Conference on the Application of Stress Wave Theory to Piles and Deep Foundations, ASTM, San Diego, June 2018 (in press). Togliani, G., and Reuter, G.R., “Pile Capacity Prediction (Class C): DMT vs. CPTu,” Proceedings of the 3rd International Conference on the Flat Dilatometer, DMT ’15, Rome, Italy, 2015. Reuter, G.R., “Piles driven into High Rebound Glacial Till Soils,” Proceedings of the 63rd Annual University of Minnesota Geotechnical Engineering Conference, St. Paul, February, 2015, pp. 127-138. Togliani, G., and Reuter, G.R., “CPT/CPTu Pile Capacity Prediction Methods – Question Time,” Proc., 3rd International Symposium on Cone Penetration Testing, CPT ’14, Las Vegas, 2014. Reuter, G.R., “Bridge Foundation Piles in Varved Glaciolacustrine Deposits Exhibiting Very High Soil Setup,” Proc., Seventh International Conference on Case Histories in Geotechnical Engineering, Chicago, 2013 Reuter, G.R., “Pile Capacity Prediction in Minnesota Soils using Direct CPT and CPTu Methods,” Proceedings of the 2nd International Symposium on Cone Penetration Testing, CPT ’10, Huntington Beach, California, 2010. Foundation Engineering Voyen, J.K., and Reuter, G.R., “A Tale of Two Stadiums: Foundation Conditions at the New Minneapolis Sports Facilities,” Proceedings of the 65rd Annual University of Minnesota Geotechnical Engineering Conference, St. Paul, February, 2017. Landslides and Slope Stability Reuter, G.R., and Kwasny, W.C., “Stabilization of the Bender’s Park Landslide, Lead, South Dakota,” Geotechnical Special Publication No. 231, Proc., 2013 Geo-Congress, Stability and Performance of Slopes and Embankments III, ASCE, 2013, New York: pp. 1668-1682. Gregory R. Reuter, PE, PG, D.GE Principal Engineer/Vice-President Geotechnical Engineering 11/18 Reuter, G.R., “Good Vibrations: Vibrocompaction Technique used to Stabilize Northern Minnesota Landslide,” Land and Water, November/December, 2003, pp. 12-14. Reuter, G.R., “Use of Geofoam for Landslide Stabilization – CTH ‘A,’ Bayfield, Wisconsin,” Proceedings of the Third International Geofoam Conference, Salt Lake City, Utah, 2001 Reuter, G.R., Rutz, J. “A Lightweight Solution for Landslide Stabilization,” GFR Magazine, Vol. 18, No 7, September, 2000, pp.42-43 Reuter, G.R., and Deere, D.U.: "Rainfall, Snowmelt, and Movement History of the Bender's Park Landslide in Lead, South Dakota, "The Geological Society of America, Abstracts with Programs, Vol. 29, No. 6, 1997, Pg A-65 Engineering Geology Reuter, G.R., “Interpretation of Strength and Stress History of Glaciolacustrine Clay Deposits by CPTu,” The Geological Society of America, Abstracts with Programs, 2011 Reuter, G.R., "Use of Rock Reinforcement During Excavations Near Existing Foundations at the Minneapolis-St. Paul International Airport," Bulletin of the Association of Engineering Geologists, Vol. 30, No.2, 1993, pp. 157-164 Joseph G. Bentler, PE Principal Engineer, Geotechnical Division 11/17 Education Master of Science, Civil Engineering University of Minnesota, 2004 Bachelor of Science, Civil Engineering University of Minnesota, 2002 Registrations/Certifications Professional Engineer, Minnesota No. 46214, CO, MO, MT, OH, OK, OR, and NE (Civil P.E.) Employment American Engineering Testing, Inc. Staff to Principal Engineer, Geotechnical Division 2005 - Present Staff Engineer I, Construction Services Department, 2004 - 2005 University of Minnesota Grad/Undergrad Research Assistant, Department Of Civil Engineering, 1999 - 2004 Professional Memberships American Society of Civil Engineers, Minnesota Section Board Member (2009 - 2017); 2015-2016 President MN Geotechnical Society, ASCE Liaison (2005-2018) U of M Geotechnical Conference Planning Committee Geo-Institute of ASCE, Local Involvement Task Force (2010), Local Involvement Committee (2011-2012) Publications Chow, L.C. & Bentler J.G. Design & Instrumentation of a Widened Interstate Embankment Constructed over Soft Floodplain Soils. Proc. of 64th Annual Univ. of Minnesota Geotech. Eng. Conf. March 4, 2016. Bentler, J.G. & Hoppe, M.J.L. SCPT for Design of Shallow Bridge Foundations in Minnesota. In Proceedings of the 2nd International Symposium on Cone Penetration Testing, CPT ’10 May 9-11, 2010. Bentler, J.G., Dasenbrock, D.D. & Hoppe, M.J.L. Analysis and Performance Monitoring of a Spread Footing Bridge Foundation. In GSP No. 187: Contemporary Topics in Ground Modification, Problem Soils, and Geo-support. IFCEE 2009, Orlando, FL. March 2009. Bentler, J.G. & Labuz, J.F. Daily and Seasonal Response of a Cantilever Retaining Wall. In GSP No. 175: Proc. of the 7th Int’l Symposium on Field Measurements in Geomechanics. Sept. 2007. Bentler, J.G. & Labuz, J.F. Performance of a Cantilever Retaining Wall. Journal of Geotechnical and Geoenvironmental Engineering. Aug. 2006. AET Responsibilities • Engineering analysis and report preparation • Geotechnical numerical modeling of stress, settlement, seepage, and slope stability • Proposal preparation • Planning, installation, and monitoring of geotechnical instrumentation • Coordination and supervision of CPT crew and CPT projects • Project management Project Experience TH169 Nine Mile Creek Design Build Edina, Hopkins, Minnetonka, MN 2016-2017 Assisted with subsurface investigation plan, geotechnical analyses, and preparation of foundation analysis and design reports. Served as Instrumentation Engineer for the project. I-90 Dresbach Bridge/Interchange at Mississippi River Dresbach, MN 2010-2016 Analyzed settlement of approach embankments at the river bridge abutments. Performed global stability analysis of multi-tiered retaining walls, including consideration of lateral resistance provided by axially-loaded foundation piles to circular and non- circular failure modes. Prepared geotechnical instrumentation and monitoring recommendations. Oversaw instrumentation installation; reviewed data with respect to construction staging. Central Corridor LRT System Minneapolis to St. Paul, MN 2006-2012 Managed field electrical resistivity testing, performed retaining wall foundation and overall stability analyses, and assisted in preparing Geotechnical Reports. Performed settlement analyses and assisted in preparation of surcharging and instrumentation plan for the O & M facility track yard. Installed, monitored, and analyzed geotechnical instrumentation. Lock & Dam 3 Design Build Red Wing, Minnesota 2009-2010 Performed finite element analyses to model stresses and settlements of a guidewall embankment constructed in the Mississippi River. Performed global stability analyses for the embankment, and computed reliability of embankment’s geotechnical design according to USACE methodology. TH 212 Design-Build Eden Prairie to Chaska, MN 2005-2010 Prepared foundation analysis and design reports for retaining walls, embankments, and noise walls. Installed, monitored, and analyzed geotechnical instrumentation. Assisted in planning and oversight of axial and lateral static pile load tests. Performed stress, settlement, and global stability analyses for bridge shallow foundations, embankments, lightweight fills, and slopes, including those near bridge abutments. Designed temporary reinforced soil slope for roadway bypass during construction. Joseph G. Bentler, PE Principal Engineer, Geotechnical Division 11/17 Bren Road West over TH 169 Minnetonka, MN 2009 - 2010 Conducted analysis of various foundation types for the abutments and center piers of a new, widened bridge at the interchange (including a final design incorporating both spread footings and driven piles for different substructures), authored the Geotechnical Exploration and Foundation Analysis and Design Report. Retaining Wall Failure/Repair Inver Grove Heights, MN 2009 Prepared and directed soil boring and cone penetration test (CPT) work plan for exploration of geotechnical conditions at site of a failed mechanically stabilized earth (MSE) retaining wall. Conducted global stability analysis of the wall and made recommendations for repair/reconstruction of the failed/distressed portion of the wall. Levee Certification/Improvements Rushford, MN 2008 - 2012 Prepared and directed soil boring work plan for evaluation of soil conditions below and landside of existing levees. Conducted slope stability, settlement, and seepage analyses and prepared Preliminary Geotechnical Reports assessing condition of levees with respect to Federal Emergency Management Agency (FEMA) levee certification process. Prepared and directed soil boring work plan for design of levee improvements (including 1000 feet of new levee) and underseepage mitigation to meet geotechnical criteria for levee certification. Performed final geotechnical analyses and prepared Final Geotechnical Report for design. Provided geotechnical review and managed soil testing during construction. Steele County CSAH 7 Bridge over DM&E Railway Owatonna, MN 2009 Performed settlement and global stability analyses for new mechanically stabilized earth (MSE) retaining walls in front of the pile-supported bridge abutments and prepared recommendations for soil correction below MSE walls. Lyndale Ave/I-494 Interchange Richfield/Bloomington, MN 2007 - 2008 Performed global stability and foundation analyses for new reinforced concrete cantilever retaining walls of the improved interchange and prepared Foundation Analysis Design Report (FADR) for the walls. US Highway 2 Landslide Instrumentation Crookston, Minnesota 2007 - 2008 Assisted Mn/DOT with installation of automated slope monitoring sensors (“ShapeAccelArrays”) at site of existing large landslide adjacent to US Highway 2 in Crookston. Crosstown TH 62/I-35W Project Minneapolis/Richfield, Minnesota 2007 - 2008 As a subconsultant to the wall designer, performed global stability of mechanically stabilized earth (MSE) walls, including multi-level (tiered) walls. TH 52 Oronoco Design-Build Oronoco, MN 2006 Performed slope stability analysis of new roadway embankments at Lake Shady. Analyzed CPT data to determine the necessary surcharge duration following muck-out of organic soils. TH 10/32 Design-Build Hawley, MN 2005 Made pile recommendations for design of TH 32 Bridge over TH 10. Performed slope stability analysis of ramp embankments using results of cone penetration test (CPT) soundings. CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Monthly Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: G.1. Prepared By Don Johnson, Fire Chief File No:  SUMMARY Monthly update for November with call response data from October.  BACKGROUND Fire Department Staffing Staffing is at 42 of 45 paid on­call firefighters. We have two firefighter(s) currently on leave. The Chanhassen Fire Department Relief Association recently mailed out their annual fundraiser letter to all Chanhassen businesses and residents in Chanhassen.  Along with the fundraiser information I also placed a ‘now hiring’ letter in the material.  We have had some good interest off of that mailing and have opened the hiring process for this year.  Tentative hiring date will be February with Academy start date being the first week of March 2019.  From the mailings we have received five applications to date. Fire Department Response The fire department responded to 85 calls in October. Year­to­date calls at the end of October totaled 735 representing a 15% increase over 2017.  On November 8, we met last year’s total of 753.  Significant calls included the following: 44 Rescue/EMS calls with 9 motor vehicle accidents 6 Fire­Related Responses: Victoria ­ 1 residential and 1 grass fire Excelsior ­ major residential fire Bluff Creek Golf Course ­ minor outside fire Chaska ­ minor deck fire Chanhassen Apartments ­ small electrical fire in ceiling Monthly Training Training that occurred since my last update: CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectMonthly Fire Department UpdateSectionFIRE DEPARTMENT/LAWENFORCEMENT UPDATE Item No: G.1.Prepared By Don Johnson, Fire Chief File No: SUMMARYMonthly update for November with call response data from October. BACKGROUNDFire Department StaffingStaffing is at 42 of 45 paid on­call firefighters. We have two firefighter(s) currently on leave.The Chanhassen Fire Department Relief Association recently mailed out their annual fundraiser letter to all Chanhassenbusinesses and residents in Chanhassen.  Along with the fundraiser information I also placed a ‘now hiring’ letter in thematerial.  We have had some good interest off of that mailing and have opened the hiring process for this year. Tentative hiring date will be February with Academy start date being the first week of March 2019.  From the mailingswe have received five applications to date.Fire Department ResponseThe fire department responded to 85 calls in October. Year­to­date calls at the end of October totaled 735representing a 15% increase over 2017.  On November 8, we met last year’s total of 753. Significant calls included the following:44 Rescue/EMS calls with 9 motor vehicle accidents6 Fire­Related Responses:Victoria ­ 1 residential and 1 grass fireExcelsior ­ major residential fireBluff Creek Golf Course ­ minor outside fireChaska ­ minor deck fireChanhassen Apartments ­ small electrical fire in ceilingMonthly Training Training that occurred since my last update: Officers Training ­ large diameter hose loads on Truck 1 EMS Training ­ hypothermia and endocrine emergencies Other Activities October 29, Truck 1 was officially placed in service after an official ‘housing’ ceremony. We are extremely proud to have completed this Key Financial Strategy and appreciative of city leadership for their support. Continued support to Chanhassen High School covering homecoming and play­off games with EMS crews On November 15, provided a Firefighter/EMT to Paisley for Special Event On November 26, we honored Retired Firefighter Joe Brennan for 20 years of service at the city council meeting. Fire Marshal Council Update for October 2018 October is Fire Prevention month for the Fire Service nationwide. This year we expanded our focus from kindergarten through third grade to include all grades, including Chanhassen High School students. I will be completing three Fire Prevention presentations for grades 9­12 on Thursday, November 15. The focus will be on home and driving safety – cooking, electronics and battery safety, distracted driving, and fire spread and behavior within our homes. During the month of October, we visited over 1,350 students ages kindergarten through eighth grade. We also visited multiple business in Chanhassen completing Fire Extinguisher training, Hands­Only CPR and AED training, and on­site fire safety and emergency planning meetings. It is our pleasure to collaborate with these community groups and businesses to help make their sites safer and provide this education and training to their employees and members. Fire and Business Inspections Highlights Emerson completed their final occupancy inspections of a large remodel and addition project consisting of multiple years’ worth of work. Chief Johnson and I were able to assist them with final alarm testing and inspections outside of normal business hours to complete this project. IWCO completed a large remodel of the office space and final alarm and sprinkler testing was completed to allow them to take occupancy. Several site inspections have taken place at Panera, The Venue/Aldi, and Riley Crossing Senior Living (fka Mission Hills). All projects are in various stages of build and will take several months to complete. Fire Inspections of Chanhassen businesses will be our next focus. We will be completing liquor license facilities, gas stations, all Senior Living facilities, schools and daycares, hotels, apartment buildings, as well as focusing on businesses that have had past fire code issues. The goal is to work with business and building owners to make our community safer. ATTACHMENTS: Monthly Graphs and Charts for October Response 50 53 53 53 58 61 81 54 52 66 51 5855 51 63 65 55 86 66 60 59 80 57 56 71 50 66 79 86 76 66 72 84 85 20 30 40 50 60 70 80 90 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2016 2017 2018 0 10 20 30 40 50 60 70 80 90 Aug Sept Oct 2018 Calls by Month and Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 51% 15% 18% 8% 4%4% 2018 % OF TOTAL CALLS BY TYPE Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 621 691 690 753 621 691 690 753 882 500 550 600 650 700 750 800 850 900 2014 2015 2016 2017 2018 PROJECTEDNumber of CallsYears Chanhassen Fire Department Total Calls by Year -5 Year Table City of Chanhassen Fire Calls for Ser vice10/1/2018 - 10/31/2018 K Fire Box Alarm Zones Calls for Service North Box South Box West Box Date: 11/5/2018Document Path: K:\NickLH\Projects\Fire\ForDon\FireCallMaps\2018\October\Fire Incident Map Geocode Octoberr 2018.mxd CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Monthly Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: G.2. Prepared By Lt. Eric Kittelson, Carver County Sheriff's Office File No:  ATTACHMENTS: Law Enforcement Update Activity Description by Class October Statistics CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Review Final Draft of 2040 Comprehensive Plan Section OLD BUSINESS Item No: H.1. Prepared By Kate Aanenson, AICP, Community Development Director File No: General 130 SUMMARY Staff will review the latest changes made to the Comprehensive Plan and answer any questions that council members have.  No action is required at this time.  Figure 2­6 Land Use Table in 5­year Stages, Figure 2­8 2020­2040 Land Use Comparisons, and Figure 2­10 2040 Comprehensive Land Use Plan incorporating the Erhart land use amendment have been made.  Additionally, the text revisions reviewed on September 24, 2018 have been made to the Comprehensive Plan.  All revisions are included in the online 2040 Comprehensive Plan. This item will be brought back to City Council for approval of the 2040 Comprehensive Plan and submittal to the Metropolitan Council. The local surface water management plan was reviewed and approved by the Minnehaha Creek Watershed District on September 13, 2018. All of the watershed districts have now reviewed and approved our plan. The surface water management plan is incorporated as Chapter 9 of the Comprehensive Plan. Mark Halla has withdrawn his family's request for a land use amendment on their properties south of Pioneer Trail on either side of Highway 101.  Hard copies of the 2040 Comprehensive Plan were previously provided to each Council member. BACKGROUND The city began the process of updating the Comprehensive Plan in January of 2017.  Throughout 2017, the city held hearings at the Planning Commission and provided other engagement opportunities to gain input on the 2040 Comprehensive Plan.  City Council was involved in several work sessions to review the Comprehensive Plan. The draft 2040 Comprehensive Plan was submitted to other jurisdictions for their review and comment as well as to the Metropolitan Council for preliminary review.  The city has revised the Comprehensive Plan based on these reviews and comments and brought them back for city review and action in 2018.  The city’s local water management plan also had to go through a separate review process and be reviewed and approved by all four watershed districts within the community.  (See attached 2040 City of Chanhassen Comprehensive Plan Schedule.) The Planning Commission held a public hearing on July 17, 2018 (see attached Planning Commission minutes) and voted 6­0 to recommend approval of the City of Chanhassen 2040 Comprehensive Plan and to submit it to the Metropolitan Council for their review.  This was the second public hearing held by the Planning Commission on the Comprehensive Plan.  The first public hearing was held on October 17, 2017. CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectReview Final Draft of 2040 Comprehensive PlanSectionOLD BUSINESS Item No: H.1.Prepared By Kate Aanenson, AICP, CommunityDevelopment Director File No: General 130SUMMARYStaff will review the latest changes made to the Comprehensive Plan and answer any questions that council membershave.  No action is required at this time.  Figure 2­6 Land Use Table in 5­year Stages, Figure 2­8 2020­2040 LandUse Comparisons, and Figure 2­10 2040 Comprehensive Land Use Plan incorporating the Erhart land useamendment have been made.  Additionally, the text revisions reviewed on September 24, 2018 have been made to theComprehensive Plan.  All revisions are included in the online 2040 Comprehensive Plan.This item will be brought back to City Council for approval of the 2040 Comprehensive Plan and submittal to theMetropolitan Council.The local surface water management plan was reviewed and approved by the Minnehaha Creek Watershed Districton September 13, 2018. All of the watershed districts have now reviewed and approved our plan. The surface watermanagement plan is incorporated as Chapter 9 of the Comprehensive Plan.Mark Halla has withdrawn his family's request for a land use amendment on their properties south of Pioneer Trail oneither side of Highway 101. Hard copies of the 2040 Comprehensive Plan were previously provided to each Council member.BACKGROUNDThe city began the process of updating the Comprehensive Plan in January of 2017.  Throughout 2017, the city heldhearings at the Planning Commission and provided other engagement opportunities to gain input on the 2040Comprehensive Plan.  City Council was involved in several work sessions to review the Comprehensive Plan. Thedraft 2040 Comprehensive Plan was submitted to other jurisdictions for their review and comment as well as to theMetropolitan Council for preliminary review.  The city has revised the Comprehensive Plan based on these reviewsand comments and brought them back for city review and action in 2018.  The city’s local water management planalso had to go through a separate review process and be reviewed and approved by all four watershed districts withinthe community.  (See attached 2040 City of Chanhassen Comprehensive Plan Schedule.)The Planning Commission held a public hearing on July 17, 2018 (see attached Planning Commission minutes) andvoted 6­0 to recommend approval of the City of Chanhassen 2040 Comprehensive Plan and to submit it to the Metropolitan Council for their review.  This was the second public hearing held by the Planning Commission on the Comprehensive Plan.  The first public hearing was held on October 17, 2017. City Council reviewed the 2040 Comprehensive Plan on August 13, 2018.  City Council provided direction for revisions to the draft 2040 Comprehensive Plan which staff has summarized in the attached report.  On September 24, 2018, city staff reviewed the text amendments resulting from City Council comments of August 13, 2018. DISCUSSION The Comprehensive Plan provides a guide for the city's vision of the community as it grows in the coming years.  It establishes goals and policies to provide residents, businesses, property owners, developers, and visitors a sense of the community's values and aspirations. There have been numerous opportunities for individuals to provide input on the 2040 Comprehensive Plan including presentations at the Planning Commission, two public hearings, two open houses, two information stands at city events (2017 4th of July Celebration and 2018 February Festival), newsletter articles, and links on the city's website.  Here is a link to the 2040 Comprehensive Plan:  www.ci.chanhassen.mn.us/2040compplan. RECOMMENDATION Staff requests that the City Council review the 2040 Comprehensive Plan, the latest reviews proposed to the Plan, and provide staff with any comments or direction prior to adoption. ATTACHMENTS: Planning Commission Staff Report Dated July 17, 2018 Planning Commission Minutes excerpt from July 17, 2018 Work Session Staff Report Memo from Don Johnson dated September 17, 2018 Alternative Sanitary Sewer Service Memo Land Use Discussion Memos City Council Minutes of September 24, 2018 City Council Minutes of August 13, 2018 2040 Comprehensive Plan Schedule Chanhassen Planning Commission – July 17, 2018 15 30. Applicant is permitted a connection to municipal stormdrain system after meeting treatment and discharge requirements of city and RPBCWD. Applicant is responsible for ensuring municipal system is capable of handling the additional capacity. 31. Applicant is responsible for any improvements necessary to the municipal system to meet capacity and regulatory requirements from the point of connection up to and including the outlet/receiving water body 32. Connection is not permitted in catchbasin. Must connect to storm main in Century Blvd. Include access manhole. Invert elevation in the manhole shall allow for 0.1 inches of fall through the structure. 33. Access MH missing from western most section of Contech structure. 34. Proprietary filtration devices should be used as pretreatment vs post treatment. 35. Identify snow storage location on plans. 36. Identify stockpile locations on plan. 37. Bluff Creek Overlay District (BCOD) signs and locations are required on plans. Signs are required at each point the BCOD crosses the property boundary, every 100 feet, every point of deflection. 38. Include BCOD sign detail. 39. The proposed redevelopment will need Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) permits. 40. It is the applicant’s responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, RPBCWD, Board of Water and Soil Resources, PCA, etc.). 41. Project will require stormwater management fees associated with city development review and permitting process. 42. The city is in agreement with the RPBCWD comments identified in the email dated June 26, 2018 titled ‘RPBCWD Permit 2018-43: Control Concepts – Initial Completeness Review Comments.’ With one exception: J10 – the city requests applicant provide additional performance monitoring field data to support manufacturers removal estimates. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 2040 COMPREHENSIVE PLAN. Chanhassen Planning Commission – July 17, 2018 16 Aller: Second item before us tonight is the review of the 2040 Comprehensive Plan. This matter has been before us throughout the year. We took it section by section. It’s been on the website and there have been meetings where this has been discussed. The current form has been provided and again is on the website for review. I don’t think it will take too long to move through the sections and maybe highlight the sections and the purpose of this hearing is to again take public comment on the matter before us and forward it to the City Council for final action. So at this time we’ll take that matter up. Generous: Thank you Chairman Aller, commissioners. As you stated we’ve had numerous opportunities to review this plan. We’ve had at least 8 meetings in this chamber regarding it. There were 2 open houses that the City had. We also went out to last year’s 4th of July celebration. Had a little kiosk and the Feb Festival to try to get people’s comments and interest in this document. The Comprehensive Plan provides a guide for the future development of the city. We look at as the build out plan for the community. What the land uses would be approximately and it provides the goals and policies to reaching that buildout. We anticipate that we will be fully developed by 2040. The Comprehensive Plan contains 10 chapters. The first one is an introduction which expresses the City’s vision for itself as well as we’ve incorporated all the goals and policies from all the chapters in the Comprehensive Plan right up front so people could know what our vision is and how we intend to get there. The second chapter is our land use. There were some changes that were made based on comments that we received from the review agencies. Down in the Minnesota River valley there are some wildlife refuges that were shown as agricultural land uses. We’ve not re-guided them for parks and open spaces which is what they really are and there’s no misunderstanding about what the future holds for that. The City did also, we have a 1.9 acre parcel of land off of Powers Boulevard in the northern part of the city that we’re preserving as permanent open space. People see it on the land use plan as low density residential and they want to develop it for us and so we’re taking that out also so. We do as part of the land use element there were 3 requests for land use amendments. We provided all the information in the report from what they presented in our analysis. At the present time we are not recommending that any of those amendments be adopted for the individual properties. They would have an opportunity when they came in for development to request either land use amendments or changes in the zoning and so we believe that would be the appropriate time for that to happen. Again as part of our review of this we, our GIS system has gotten better. We picked up 40 acres of land as part of our analysis. However we de-annexed 5 acres of that with Cathcart Park and that’s now in the city of Shorewood so that’s why some of the numbers have changed. The total numbers have changed over time but it’s better geographic information system analysis. As part of the housing plan we’ve looked at the, how the city’s going to meet the diversity of housing that we have in here. We’ve done our analysis for the multi-family land that say there is sufficient land available to meet Met Council targets for the community to provide housing that is affordable or work force type housing. We also discuss the different strategies that are involved in providing that type of opportunity and we acknowledges when we would use those tools and when we would not use them. Natural resources. The only change we had was about the solar, we clarified the goal on solar. We want to provide the opportunity for people to do it and in fact our ordinance does permit it already so. The City’s biggest thing is preserving our water resources and preservation of trees and diversifying our tree canopy because the rule of not having any one species dominate our Chanhassen Planning Commission – July 17, 2018 17 community because of insects coming in. Parks and trails. That we just adopted, it’s long term the City’s need for facilities that people want and it provides analysis of initiatives that the City will be undertaking in the future. Under transportation we had to expand that to show where the freight is moving. Where the trucks are actually moving on that so we got that information from Carver County as well as expansion of the light rail or the transit opportunities in the community. We showed where the park and ride lots are. There’s only 2 in the city but there are some in Chaska. Victoria’s looking at one and then Eden Prairie is the main hub for Southwest Transit. We want to provide transportation, we went through all our deficient roadways in here. We have a system classification that has a hierarchy of roadways and based on that hierarchy the city also reviews it as part of any development to preserve it’s transportation capacities. The sewer chapter looks at providing sewer to the community. Again we long term we believe that we can service everyone and our plan shows that we can do it. We provide a staging plan. Our preference is to use existing facilities rather than expanding new facilities but we show how they can be expanded and what the sizes would generally be. It has a general staging plan. There are several critical facilities that need to be constructed for the rest of the community to develop. There’s several lift stations south of 212 that need to go in before we can develop the southern part of the community. A water, we know that we need one more storage facility of approximately a million gallons and then we’ll need 4 more wells and then we should be able to supply sufficient water to service our buildout numbers. I should go back as part of the transportation element we did make all our numbers consistent this time so that each chapter has the same number. As part of our negotiations with the Met Council we were able to up our final employment numbers by about 1,400 in 2040 so they agreed with our analysis and that the total way we wanted to go but they were moving to show that we can accommodate that with our land uses. Surface water management, I’ll have Vanessa talk to you on that. And then finally in Chapter 10 is the capital improvements. That’s just a snapshot right now of what we would need over the next 10 years to implement portions of the Comprehensive Plan. Aanenson: If I may. Aller: Yes Kate. Aanenson: Planning Commission members. So our goal here tonight, because you’ve reviewed each of these and then your most recently your April 3rd we went through all this so we had jurisdictional comments which means we already had a public hearing on this whole document. This is for anybody that may be listening. And then we got feedback from the Met Council and all the other jurisdictions which would mean the DNR, surrounding communities, to making sure we’re consistent and we had some of our graphics were a little bit truncated in the publication so all those have been remedied and so this is the second public hearing, just incorporating those as Mr. Generous has gone through. So the biggest component that we were still working through, which was very complex is the four watershed districts. Making sure how with the new regs that we’re aligned with all those so Vanessa’s been working very hard on making sure that’s all consistent so that’s the biggest part of the public, we expect of the public hearing tonight. I know Mr. Erhart’s here to still talk about the land use request that he has in place so I’m sure he’ll comment during the public hearing process but I’d like to maybe give a little bit more time to Vanessa just to explain too kind of how we worked or she worked to get all that through and into the chapter for the surface water. Chanhassen Planning Commission – July 17, 2018 18 Aller: Thank you and as an additional comment this is really a dual purpose chapter because for our permitting we have to have this completed and we’ve been behind the 8 ball on that for a little bit of a while now and so it’s great that we’re coming forward and we’re catching up with all our requirements for the NPDES and other permits so please let us know what we’re doing in Chapter 9. Strong: Thank you. So as Kate mentioned this is a chapter of the Comprehensive Plan. It also has it’s own rules and regulations under Minnesota Statute 103B and it’s own requirement for review and comment which means I have to send this to the 4 watershed districts as well as Met Council for approval. Since that time, after a 60 day comment period we received all of our comments back from the watershed districts. They were all very positive in we received 3 approvals with conditions. Now these of course as you know conditions can be extensive but as in Minnehaha Creek watershed district we received an incomplete and that was primarily because their plan was actually approved while our’s was out for comment. There was an overlap with that. At this point you know this version is not 30 percent bigger to have addressed all of those comments. It might not look that way but each watershed organization kind of had it’s own comments and requirements that must be included in the plan. The City wanted to take on the role of being a single stop shop so in addition to just meeting state requirements we absolutely must address everything the watershed district has asked for in order to take back that regulatory role that would improve the development process for our residents and property owners so some of these are specifically to allow us to have that role. The other issue of course which is not something that necessarily is addressed by the watershed districts is we do have an older infrastructure. We have a lot of ponds and a lot of pipe and how do we take care of that and how do we maintain that when you know there, we have over 300 ponds. Over 500 wetlands. We have 12 lakes. We are a very water rich city and that’s a lot of benefit but it’s also something you need to balance with wanting to be a very lean and responsible city so that was another issue that we’ve kind of had to address on our own. So just to give you a surface view of kind of what we covered in this update. This comment response update. So as I said each watershed district had it’s own comments and requirements that must be addressed in the plan and they must be included in the plan. Many of these requirements and most of them involve the adoption of their strategies, standards, goals and capital improvement projects. A lot of this was including their language verbatim. They’re reflected either in the plan narrative, policies or in the implementation plan. Each watershed district did have it’s own unique focus. They are all different and so they all have their own way of looking at ways that are important to them. Lower Minnesota River, many of you might assume and it would be true that they focus a lot on the river bluff standards. Unique and natural resources and features, native protection of wetlands and native areas. The Carver County WMO really wanted more focus on education and wetland and ground water protection. That was kind of their focus. Riley-Purgatory was very technical focused as well as including research studies and standards in their specific technical language that they want to make sure are included. Minnehaha Creek watershed district, their new plan if you hadn’t had a chance to read it is very interesting and it’s a good read. They really want to incorporate planning. They’re very progressive about planning now and wanting to add value into the city’s planning process and where they can come in and best fit. Help best assist the city and best work with the city. As well as then of course they were very focused on understanding our inventories and what our procedures were for implementing our surface water Chanhassen Planning Commission – July 17, 2018 19 management plan so, and then each one had it’s own capital improvement project and policies as well and standards so that’s kind of the big overview of that additional 30 percent. Aller: Great thank you. And so my follow up question would be, as a homeowner, a business person or a developer when I come in where you use the term one stop shop. Just what would be an overview of that process if I wanted to come in and do something with my property and it involved this chapter? Strong: So for example Control Concepts. When they were in here they would have to come in through the City. They have to apply through the City. You know we are required to have our own requirements but then they also then have to go through the watershed districts and that process as well and so they’re running a dual process which seems burdensome to many people and I can understand that so in the future they would just come to the city. They still have to follow the same rules and requirements but they don’t have to go through two agencies to do that now. They just go to one place. Aller: Alright, and so if a homeowner or business person or a developer wants to know what our guidance on that is they can come in and they look at this book now and they can see that, along with that process these are the guidelines and our goals with regard to what we want to do. Strong: Yep and the watershed districts will always be there as technical reference and also as a resource as well. They’re not going anywhere and they’re still the… Aller: Thank you. Any additional questions? Aanenson: I was just going to add one more comment before you open up the public hearing. So with the Comprehensive Plan there’s going to be some follow up implementation things so you’ll be seeing some ordinance changes too and maybe some of the wetland buffers. It may be some of the, yeah and surface water but there might be also too some in the code alignment too so those will all require public hearings too so there’ll be plenty of opportunities to comment on those too but as part of the adoption of the Comprehensive Plan we have a timeline to go through to get some of those in place. Again going back to the one stop shop. We used to do it that way and it’s burdensome for the developers and for residents when you’re bouncing between the two. Especially if you have to place security. Often you have to place security in both places which is very onerous, especially for homeowners so trying to reconcile that. Aller: Okay, thank you. Commissioner Weick. Weick: Are we open to questions about any of this? Can I ask? Generous: Yes. Aanenson: Sure. Weick: And this is specific to Section 8 on water. I recall having good conversations about not just being able to supply the amount of water that we think we need to supply but also incentive Chanhassen Planning Commission – July 17, 2018 20 programs potentially to conserve and encourage homeowners to use less. Is this the, in the future is this the appropriate document to start? Aanenson: That’s correct and those will be some of the implementation strategies. Weick: Yeah. Aanenson: But they look at as part of you have to show what your, how much water are you using. There’s reduction requirements so those will be some of the things. Right now we do Water Wise. We have a tiered system on our utility so those will be some of the things that we may be revisiting. Weick: Okay, thank you. Aller: And of course there’s crossover to just about every chapter here so we’ll be hitting that with the education process as well and that’s required so, yes. Strong: We do also address in the surface water re-evaluating our credit system to allow for more of those opportunities as well because again our credit system for that type of thing is, was written in 2006 so. Weick: Thank you. Aller: Okay. Nothing further from the commissioners at this point in time I’ll open up the public hearing portion of this particular item. So any individual wishing to come forward and speak either for or against or comment on the proposed 2040 plan. Seeing no one come forward I’ll close the public hearing and remind all of you present and at home that these items can be found on the city’s website for your review and that you can follow this item for action with the City Council when it moves forward. I’ll entertain a motion. Weick: I’ll propose a motion. Aller: Thank you Commissioner Weick. Weick: The Chanhassen Planning Commission recommends that the City Council approve the 2040 Comprehensive Plan and submit the plan to the Metropolitan Council for their determination of consistency with the Metropolitan System Plans. Aller: I have a motion. Do I have a second? Randall: Second. Aller: I have a valid motion and a second. Any further discussion or comment? Weick moved, Randall seconded that the Chanhassen Planning Commission recommends that the City Council approve the 2040 Comprehensive Plan and submit the plan to the Chanhassen Planning Commission – July 17, 2018 21 Metropolitan Council for their determination of consistency with the Metropolitan System Plans. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aanenson: Chairman just for anybody that’s following this we will go at a work session at the next City Council meeting which is August 13th. At that meeting we’ll go through the changes in a little bit more detail and so then it will be on for a later date for the adoption so there’s an opportunity for kind of a work session with the City Council. Aller: Great, thank you. GALPIN PROPERTY: PUD CONCEPT REVIEW. Aller: Moving onto new business. We have the item for Galpin Property which is a PUD concept review. Again the City Council and the City had a process in place back around 2012 which was modified to allow for this concept review type of process. You can come before the administrative review on smaller different projects or for the larger projects like this one you come before the Planning Commission to give a broader perspective and the developer receives input and direction before making further decisions on how it’s going to move forward and the Planning Commission prefers it to be a less formal process which allows for all of you to have input at this type of concept hearing. With that we’ll go ahead and have the matter heard. Aanenson: Thank you Chairman, members of the Planning Commission. This is a concept review, PUD review. Applicant U.S. Homes doing business as Lennar. Again the work session here, excuse me the conceptual review here tonight and then the City Council will review it on August 13. As you stated the concept review is not a public hearing but is the intent to get public comment because the goal for this is to allow the developer to hear the comments from the residents in order to see how they want to advance the project. So with that I’ll give a little bit of the background. So the property as was listed by Comerica Bank who is the trustee for the estate of P.R. Nelson and Paisley Park Enterprises worked with a local broker and put this on the market and Lennar was the property developer selected for the site. So what we’ve included here is all of the property which is 188.58 acres and it is guided low density. Low density is the in the city is the largest zoning district we have in the city. It’s about 32 percent of the city so that’s a majority of the city. Within the low density district there’s a lot of different zoning applications that you can use as long as it stays within the 1.2 to 4 units an acre. So that’s kind of how we got to this point. So quite a frameworks that we looked at and when we sat down with Lennar, when they introduced themselves as the developer of the property and I’m going to kind of go through those framework issues on how we got to this proposed development. So the park master plan which is currently in place, while it’s also been reiterated in the 2040 Comprehensive Plan it’s currently in the 2030 Comprehensive Plan so the park master plan around and it’s intentions around Lake Ann certainly was a major factor in how the project got laid out. The second is that there’s a Met Council sewer line that runs through it. It’s actually a large interceptor line that runs through the property. There’s significant natural features. Wetlands and in addition to that some forest, heavily forested areas which we’ll talk about and in addition the county is working on the upgrade of Galpin Boulevard and there’s been neighborhood meetings on that so all those factors come into play on how this property could be developed. So the first thing I’d like to talk about is the park master plan. As you can see on this MEMORANDUM TO: City Council FROM: Kate Aanenson, AICP, Community Development Director DATE: September 24, 2018 SUBJ: 2040 Comprehensive Plan BACKGROUND At the work session on August 13, 2018, City Council provided direction for revisions to the draft 2040 Comprehensive Plan. Prior to preparing the documents for approval for submittal to the Metropolitan Council, staff is bringing back the proposed changes for review as well as providing another opportunity to discuss the 2040 Comprehensive Plan. DISCUSSION REVISIONS City Council reviewed the 2040 Comprehensive Plan on August 13, 2018. Below is a summary of the comments and staff’s proposed revisions. (Proposed revision in bold/strike-through format): Page 3, Chapter 1, Introduction, 2nd paragraph – include mention of the Landscape Arboretum as one of the community amenities. The visioning exercise summary showed that people live in Chanhassen for many reasons. The small-town feel but being within an easy striking distance of big city amenities is important. The parks, lakes, and trails with open space and recreational opportunities are important to people. Chanhassen has community values that are family friendly, promote health, engaging, and close- knit neighbors. It is kid friendly with strong schools and beautiful parks. It is a safe, neighborly place to live with low crime rates. The downtown is attractive and walkable. There are many housing choices and low taxes. Special attractions and community amenities such as the Chanhassen Dinner Theatres, Chanhassen Library, Minnesota Landscape Arboretum, Paisley Park Museum, fishing, the February Festival and the 4th of July Celebration are available. Page 4, Chapter 1, Introduction, section 1.2 Development – when referencing the downturn in the housing market, add the year 2009 for complete reference. City Council 2040 Comprehensive Plan September 24, 2018 Page 2 The City of Chanhassen is defined by the Metropolitan Council as Emerging Suburban Edge which is expected to plan for forecasted population growth at densities of at least 3-5 units per acre for new development and redevelopment. The 2030 Comprehensive Plan anticipated a faster rate of growth than what occurred. This was due to the downturn in the housing market in 2009. The city estimates that by 2040 the city will be built out with a population of 37,100. Page 8, Chapter 1, Introduction, section 1.7.2, Housing – policy encourages housing at upper limit of density. While density is given by a range in the Comprehensive Plan, tThe city shall encourage require development at the upper end of within the density range given by the Comprehensive Plan. Page 13, Chapter 1, Introduction, section 1.7.5, Transportation, policy Transit – economic and effective provision of rail transit. The city will support Federal, State, Metropolitan, and local efforts directed toward the economic and effective provision of rail transit for the community. Pages 23, 25, 26 and 29, Chapter 2, Land Use, Figure 2-4 Net Developable Residential Acreage 2020 – 2040; Figure 2-6, Land Use Table in 5-Year Stages; Figure 2-8 2020 – 2040 Land Use Comparisons; and Figure 2-10, 2040 Land Use Map: 3.2 acres of the Erhardt property be re-guided from Residential – Low Density to Office. If the City Council agrees, this change will be made to the Land Use Map and appropriate tables prior to submittal to the Metropolitan Council for their review. In addition, Mr. Erhardt had requested a dual guiding for Residential High Density use for the entire 13.2 acres of land. However as we discuss as part of the Halla analysis, the city has a sufficient amount of High Density Residential land to meet the current and futures need of the city. Existing: Residential Low Density Proposed: Office City Council 2040 Comprehensive Plan September 24, 2018 Page 3 If the Erhardt land use amendment is approved, the Office land use would increase to 190 acres and the Residential Low Density land use would decrease to 4,718 acres. The proposed change to the Bluff Creek primary zone boundary is a Zoning Code amendment and requires a separate public hearing before the Planning Commission and then a hearing before City Council for approval. Staff will bring this change back to City Council as part of our City Code revision process. Page 36, Chapter 2, Land Use, section 2.13.6, Infill Development – Add discussion of residential neighborhood development. The maturation of the city has led to an increase in infill development especially in the downtown core. In areas zoned commercial/industrial, B buildings that are no longer viable or are obsolete are being redeveloped to meet the demands of the modern marketplace. In areas zoned for residential uses, the availability of municipal services and market conditions have led to parcels being subdivided, creating new homes and neighborhoods. The City expects the amount of infill development to increase throughout the period covered by this Comprehensive Plan as the City approaches full buildout. The city is in the process of completing a downtown study/vision. The city anticipates that infill development within the downtown core will create approximately 200 new dwelling units between 2020 and 2040. While this plan does not contemplate a land use change, it will examine the existing market conditions and may make recommendations for uses and infrastructure improvements. Page 115, Chapter 6, Transportation, TH 101 South of Pioneer Trail to CSAH 61 – Acknowledge successfully receiving funding for 101 south. Proposed revision: 2020 2030 Change 2020-2040 Land Use Acres Percent Acres Percent Acres Percent Acres Commercial 142 1.2% 328 2.2% 328 2.2% 186 Office/Industrial 694 5.7% 883 6.0% 905 6.1% 211 Office 114 0.9% 339 2.3% 187 1.3% 73 Parks & Open Space 1,297 10.6% 1,410 9.6% 1,787 12.1% 490 Public/Semi-Public 1,204 9.9% 1,204 8.2% 1,211 8.2% 7 Residential Large Lot 870 7.1% 971 6.6% 950 6.4% 80 Residential Low Density 3,295 27.0% 4,707 31.9% 4,721 32.0% 1,426 Residential Medium Density 219 1.8% 400 2.7% 517 3.5% 298 Residential High Density 120 1.0% 218 1.5% 250 1.7% 130 Mixed Use 51 0.4% 115 0.8% 143 1.0% 92 Undevelopable 4,200 34.4% 4,185 28.4% 3,796 25.7% (404) TOTAL 12,206 14,760 14,795 2,589 Undevelopable Lakes, Floodplain, Rivers, Streams 2,059 2,059 Road Right-of-Way 1,244 1,244 Agriculture 882 493 TOTAL 4,185 3,796 2040 Land Use Plan Land Use Plan Land Use Plan City Council 2040 Comprehensive Plan September 24, 2018 Page 4 Minimal funding has been provided As of August 2018, nine million dollars have been allocated by the State of Minnesota for this improvement. Additional funding will need to be secured for the future improvements to the corridor. It is expected that state and local funds will be needed to help finance the improvements. Page 233. Chapter 10, Comprehensive Plan Implementation and Capital Improvement Plan, Operations, tobacco use policy – modify to be consistent with other initiative language. Proposed revision: Consider Create establishing a tobacco use policy. LAND USE AMENDMENTS In addition to the amendment discussed at the August 13, 2018 work session for the Erhardt property, the Halla family requested that their property also be reviewed for a land use change from Residential Low Density to Residential High Density. Since they did not appear at the August 13, 2018 work session, staff has advised them that City Council would be holding a work session on September 24, 2018 and they could attend that meeting. The Planning Commission reviewed the land use map amendments at hearings on October 17, 2017 and July 17, 2018 and agreed with staff’s recommendation that the land use amendments should not be approved. Halla Family There are two sites that are being requested for consideration for a land use change: Acres gross Current Land Use Low Density 1.2-4 u/a Requested Land Use High Density 8-16 u/a Halla Family LP (Golf Course) 45.04 85 – 150 units 360 – 720 units Mark Halla 12.21 Halla Family LP 12.06 Maryanne White 1.69 25.87 31 – 103 units 207 – 414 units (staff report continued on next page) City Council 2040 Comprehensive Plan September 24, 2018 Page 5 City Council 2040 Comprehensive Plan September 24, 2018 Page 6 City Council 2040 Comprehensive Plan September 24, 2018 Page 7 City Council 2040 Comprehensive Plan September 24, 2018 Page 8 Staff response to the Halla request: Staff recommends denial of the requested land use amendments. a. Based on the housing study in the 2040 Land Use Plan, the city has sufficient land guided for high density. 1) With the completion of the Highway 61 Corridor Study, there is the potential to add another 750 multi-family units between the mixed-use district and the high and medium density districts. 2) The current guiding of the Gorra property (medium and high density) has the potential for 1,000 housing units. b. There is the potential for up to 800 medium and high destiny housing units in the Avienda Development that will take place over the next few years. c. Based on the size of the subject properties, the low-density land use provides zoning districts (PUD or RLM) that would allow for the creation of unique neighborhoods using varying lot sizes. d. The 2040 Comprehensive Plan calls this area long-term for the potential development timeline. Even with the proposed reconstruction of Highway101 between County Road 61 and Pioneer Trail, there continues to be sufficient development capacity throughout the city to meet housing demand. e. The realignment of Highway 101 will require the acquisition of additional right-of-way. A land use change may negatively affect the acquisition. f. Should additional senior housing be provided in this location, there are significant public safety costs that would be associated with this type of housing, including additional fire and health services cost. g. Multi-family housing should be located in closer proximity to service and commercial areas to allow the residents easier access to such facilities. h. Multi-family housing should be located with convenient access to transit facilities. i. It appears premature to contemplate multi-family development in this area without the provision of urban services and prior to the submittal of a development review application. The property owners may apply for a Land Use Map Amendment through the normal development review process. At that time, neighboring properties would be notified as part of the public hearing process. To the north of the properties are Residential Large Lot single-family home developments, Halla Great Plains Addition, and Lake Riley Woods. To the east of the golf course is a Residential Large Lot single-family residential development, Deerbrook. City Council 2040 Comprehensive Plan September 24, 2018 Page 9 RECOMMENDATION Staff requests comments and direction from City Council on finalizing the City of Chanhassen 2040 Comprehensive Plan. Specifically, we request review and comment on the proposed revisions made after the August 13, 2018 work session. ATTACHMENTS Mark Halla Email and Attachments to Bob Generous dated 9/13/2018 From: Sent: To: Cc: Subject: Attachments: Mark D. Halla < hallakm@aol.com > Thursday, September 1 3, 2018 8:39 AM Generous, Bob hallakm@aol.com Concept plan for higher density at Halla properties 101 Development Concept Dan Anderson.pdf Hi Bob! Thanks for getting back to me. We have also had some developers propose some concepts for single family/multi family dwellings but we liked Dan's proposal more because it brings higher value to us as land owners, higher tax base to the city, and more open space overall. Thanks for getting this into the packet. Blessings, Mark D. Halla Steward, The Mustard Seed, lnc. www.TheMustardSeedl nc.com To See Our 3 Minute VideS.elp!"llqCl w. 952-361 -9954, C. 952-261 -9654 L_ I tt. C 1u ;Enil --- {t. I t}0 Il^It I tjN B a i- @l--tt i I I \ ) l, l qffi $sIJ2 l MLsPf a{T " -€tolfl C(xrt*-- @ ) / /I -NoulL b}}wtrwry- ,,"tr;e?#J ilt i<=q 6ru wl4>v/ so,'tz'4L ffiEl ------M \ mffiqTcrt-S N:>N- {=-r\- 1 lo ,l tZ 11 { ; z1 \ \ n/*1* FARK ; G'sl\nt+---li-t:l_'!3: _)l N : J CITY OT CHANHASSXI'I Chanhasen is a Community for Life - Providing forToday and Planning forTomonow MEMORANDUM DATE: Septembet 17, 2078 TO: Todd Gerhardt, City Manager FROM: Don Johnson, Fire Chief SUBJ: lmpacts of Senior Housing Attachment: Data Table Outlining Calls and Housing Type A review of the current multifamily housing unit stock was completed in an attempt to project the impacts of future projects involving multi-story, multi-family housing units. Currently the city has approximately 977 units that lwill break into two main categories; Senior Housing and lndependent Multi Family. Although many of our apartment buildings are NOT specifically designated senior housing, a good portion of the units are being rented, or in Powers Ridge Condos owned, by seniors. When you consider the generational factors of the 'baby boomer' the city is beginning to deal with the impacts of a higher percentage of aging population. These facilities also draw additional alarm calls as independent living seniors are still cooking within these facilities and have a tendency to become forgetful of food in the oven or on the stove top creating fire alarm calls. The data sets reviewed included all of 2017 and Year to Date data from 2018 to include calls through August of 2018. Despite no changes to the priority medical dispatching procedures, the fire department's response to EMS calls continues to grow at a steady pace. To date, there has been 252 responses to EMS calls within the city. Fifty of those responses, or !9.8%, has been to senior housing facilities within the city. Summerwood represents 50% of those runs. ln comparison, only 22 calls or 8.7% of fire department EMS responses this year were to the other apa rtment units combined. Beehive Homes and Olive Eranch Estates have a higher percentage of calls to bed ratios based on the types of residents housed in those facilities. Currently the Mission Hills project is under construction and should parallel similar facilities such as Summerwood. Mission Hills will have 134 units of 'age in place' multi-story, multifamily units. We can expect to see similar response for service on EMS and Alarm calls for this site proportionate to what we see at our other sites. Reviewing the data shows a trend that the fire department could expect calls to Increase of 20%-30% of the total units available. ln this case, Mission Hills will add 134 units which could result in 24-40 additional calls per year. pH 952.22?.1100 . WWW.Ci.ChanhaSSen.mn.US . FX952.227 .1110 77OO I\4ARKET BOULEVARD. PO BOX 147 . CHANHASSEN . MINNESOTA 55317 ln project plans submitted for Avienda, the developer lists a total of 551 multi-story, multi-family units to include 192 independent housing units with 369 Senior Housing Units. Overlaying current trending information would support a projected 75-130 additional EMS runs based on current data. Those numbers could climb depending on the number of advanced care or dementia care beds are included in the 369. It is important to consider that the prioritized medical response protocols have NOT changed within the City. When duty crews are scheduled the department calls for EMS does increase slightly as there is NO prioritization in place in regards to response. Review of duty crew calls only shows a slight increase of EMs based on this response model. Chaska shows a much higher duty crew response to EMs calls within the same set of protocol diameters meaning that the Chaska citizens tend to dial 911 for more non-urgent medical needs than in Chanhassen. Over the past few years, Ridgeview Ambulance has also increased the coverage provided to Chanhassen to 20 hours per day. According to Ridgeview, the ambulance service area is seeing significant increases in service calls throughout their region. This also leads to increased calls for fire service response as fire/rescue is started when ambulances are out of the city. Between Chaska and Chanhassen, Ridgeview is constantly backfilling the eastern end of the county due to call volumes of the two cities. ln 2018, I am projecting over 850 calls for service for the Chanhassen Fire Department. With the increased calls, we are also experiencing an increase of EMS type calls as a main call type. As a paid on call fire department, the call volumes are starting to impact the recruitment/retentlon of firefighters as staff are dealing with the stressors of the increased demands. With justthe current planned construction we could see call volumes going over 1,000 in the next few years. Continuing to add this type of housing stock without adding to public safety infrastructure i.e. fire/ems services, will continue to adversely impact the Chanhassen Fire Department. Many of these new projects are getting further and further south from the main fire station. ln respect to response times, a planned review of fire department operations should occur to determine future needs for expansion of the fire service accounting for the developments being planned. ln the 2013 Springsted Fire Study recommendations included expanded duty crew coverage and/or the construction of a 3'd Fire Station in the south district to address call response times. These recommendations were made prior to the currently proposed developments. chan Apts 42G503 Chan Apt 425 chanhassen Mllage Gateway EMS Calls Other $ of Units 3s 20t7 Jan-Aut 2018 2017 Jan-Aug 2018 2017 Jan-Aug 2018 20L7 Jan-Au8 2018 2 3 0 I 44 27 Apartment and Senior Living Response Data 2017 Fire Dept EMS Responses 329 Current fofUnits 2017EMS 2018EMS Muhi Family 609 18 22 368 47 50 977 55 7 I 1 7 L20 Powers Ridge (1321,1331,r341) Proiected with Current Plannint lndependent Multi Family Total Senior Units Additional Senior Hst 503 Projected Additional EMs Runs 126 93s 87L 1806 2017 2018 36 44 Lake Susan Apts 20t7 Jan-Aug 2018 I 5 20L7 Jan-Aug 2018 2 6 20L7 Jan-Aut 2018 3 10 2017 Jan-Au8 2018 50 80 20t7 Jan-AuB 2018 375 2L5 Mission Hills Venue Avienda Attachment: 1 134 134 792 369 Centennial Hills Senior Olive Branch Summerwood of Chanhassen 161 48 76 t62 42 0 3 Senior CITY OT CHANIIASSXN Chanhasen is a Communityfor Life- ProvidingforToday and PlanningforTomorrow City Council Kate Aanenson, ACIP, Community Development Director September 24,2018 2040 Comprehensive Plan Discussion of Land Use The proposed land use amendments were discussed at the following meetings: July 18, 2017 - Planning Commission held a hearing to discuss the following chapters: Housing, Land Use, Sewer, Water and Parks and Trails. October 9,2017 - City Council held a hearing to approve distribution of the Comprehensive Plan for jurisdictional review. The land use map amendments were included as part of the packet. October 17,2017 - Planning Commission held a public hearing on the draft2040 Comprehensive Plan including discussion of the land use map amendments. July 17, 2018 - Planning Commission held a public hearing to recommend submittal of the 2040 Comprehensive Plan to the Metropolitan Council for review. The land use map amendments were included as part of the discussion and the Planning Commission approved the plan without the land use amendments. August 13,2018 - City Council held a work session on the 2040 Comprehensive Plan. Mr. Erhardt presented his land use amendment. September 2412018 - City Council holds a work session to review revisions to the 2040 Comprehensive Plan based on the August 13,2018 work session comments. Mark Halla represents the Halla Family. pH 952.227 .1100 . WWW. Ci. Cha nhaSSe n. m n. US . FX 952.227 .1110 MEMORANDUM TO: FROM: DATE: SUBJ: 77OO MARKET BOULEVARD . PO BOX 1.47 . CHANHASSEN . MINNESOTA 55377 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, ACIP, Community Development Director DATE: July 18,2077 SUBJ: 2040 Comprehensive Plan Discussion Please add the following pages to your 2040 Comprehensive Plan Binder, including the updated Comprehensive Plan Schedule. During the discussion under land use, there are two requests for land use changes. There will be someone representing both requests. The representatives will be allotted time to discuss their requests. Please visit www.ci. chanhassert.rnn.us/2040comppI an for all updates. MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, Community Development Director DATE: October 9,2017 SUBJ: Comprehensive Plan Distribution PROPOSED MOTION "The Chanhassen City authorizes the distribution of the draft 2040 Comprehensive Plan for jurisdictional review on October 20,2077." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The city is required to update its Comprehensive Plan every ten years. As part of the update process, the city must submit the draft Comprehensive Plan to all adjacent governmental units for a review period of up to six months. Prior to distributing the Comprehensive Plan for jurisdictional review, staff is presenting the draft elements to City Council for an initial review. The 2040 Comprehensive Plan is an update of the existing 2030 Comprehensive Plan, rather than a complete rewrite of the Plan. A plan update is considered complete when it includes the elements required by statute and contains sufficient information for us to evaluate the following three primary criteria: . Conformance with metropolitan system plans. . Consistency with adopted policy plans. . Compatibility with plans of affected and adjacent jurisdictions. The Comprehensive Plan consists of the following elements: Housing, Implementation, Land Use, Natural Resources, Parks and Trails, Transportation, Sewer (Waste Water), Surface Water and Water Supply. Todd Gerhardt Comprehensive Plan Distribution October 9,2017 Page2 of7 City staff has attempted to garner resident comments of the plan through having a kiosk at the July 3, 2017 City Center celebration. On September 13 and 14, 2017 staff held open houses at the library and Recreation Center, respectively, to garner citizen input and provide information. The city has established a web page, www.ci.chanhassen.rnn.us/2040compplan, to promote dissemination of information regarding the draft2040 Comprehensive Plan. During the 6 month review period the city will continue to seek input. This would include community events such as Feb Festive. Throughout the summer, staff has presented draft material to the Planning Commission on the various chapters of the comprehensive plan. The Planning Commission will hold public hearings on the draft 2040 Comprehensive Plan on October 17,2017 and, if needed, November 21,2017. Additional hearings will be held in the spring to address any jurisdictional comments or concerns. Final city adoption of the 2040 Comprehensive Plan will take place in April or May of 2018. 2O4O COMPREHENSIVE PLAI\ CHAPTERS Introduction The introduction provides a general overview and framework for the City of Chanhassen Comprehensive Plan. Land Use The land use plan identifies appropriate locations for all types of uses and provides for the orderly expansion of municipal services through the Metropolitan Urban Service Area (MUSA) phasing plan. The land use plan provides the framework for the way the land is used. The plan deals with the following issues: o Development influences on the city. o The estimated consumption of land in five-year increments. . Comparison of the 2030 Land Use Plan and the 2040 Land Use Plan (a separate sheet reviews the list of proposed changes to the land use map). o Discussion of each of the land use designations. o There are three requested land use map amendments: a. City initiated residential low density to parks and open space. b. Halla (3 parcels) low density to high density residential. c. Erhart adding 3 additional acres to office and dual guiding the 13 acres to high density. Todd Gerhardt Comprehensive Plan Distribution October 9,2017 Page3 of 7 Housing The housing chapter addresses the city's goals for housing in the community. The following issues are discussed: o Inventory of existing housing including types and price. . Analysis of future housing demand. o Status of the city's progress toward the Livable Communities Act. o Discussion of the city's demographics. Forecast Year Population Households Employment 2010 22,952 8,352 10,905 2020 26.700 10.000 15.200 2030 3I.700 11.900 16,500 2040 37.'t 00 r 4.000 17.600 Natural Resources This chapter of the plan addresses natural communities including forestry and water resources. The following issues are addressed: o Creation of a management plan for lands that have been acquired by the city. o Create an inventory of the natural resources. o The commitment of the city to preserve the city's natural resources; woodlands, wetlands, lakes, rivers and streams. o Adoption of Green Step Cities initiative. Park and Recreation At the September ll,2017 City Council meeting, the Parks and Recreation System Plan was presented. The Park and Recreation chapter deals with the following issues: o Current park system. o Additional parks that will need to be acquired in still developing areas. o Additional communityball field space that will need to be acquired to meet demands of future growth. o Our pedestrian trail and sidewalk system is widely recognized as one of the most comprehensive in the State. o In addition to local parks, residents are afforded convenient access to county, state and federal outdoor recreation destinations. Todd Gerhardt Comprehensive Plan Distribution October 9,2017 Page 4 of7 Transportation The transportation element is based on the city's 2040 Land Use. Updates to these plans recognize changes in land use, development patterns and other planning processes including: the Minnesota Department of Transportation's "Transportation System Plan 2008 - 2030" (TSP), Carver County's Transportation Plan 2017 Update, and the Metropolitan Council's Transportation System Framework. o The Plan shows how the city will achieve its goal of creating an integrated multi-modal transportation system which permits safe, efficient and effective movement of people and goods while supporting the city's development plans, and complementing the county, metropolitan, and state transportation systems that are within its boundaries. o Addresses existing and projected deficiencies in the city's roadway system. o Establishes a functional roadway classification system for the roads within the community. o Evaluates system deficiencies. o Discusses existing and future improvements and funding mechanisms for the construction of transportation improvements. o Includes a table allocating forecasted population, household, and employment growth by TAZ for 2020. o Includes a map of existing and forecasted 2040 traffic volumes. o Identifies existing transit routes and services. o Incorporate transportation goals, objectives, and strategies outlined in the 2040 Transportation Policy Plan. Sewer (Waste Water) The Sanitary Sewer Comprehensive plan covers the future extensions of municipal service to future development areas. The plan deals with the following issues: o Organized and cost-effective plan to extend sewer service to development areas of the community. o Plan is based on anticipated land use, population growth and anticipated growth corridors. o Maintenance and upkeep of the existing sanitary sewer infrastructure. o Reduction efforts for Inflow and Infiltration. . Capital Improvements Plan. Todd Gerhardt Comprehensive Plan Distribution October 9,2017 Page 5 of7 Water The Water Comprehensive plan covers the existing and future extensions of municipal service to future development areas. The plan deals with the following issues: o Organized and cost-effective plan to extend water service to development areas of the community. o Plan is based on anticipated land use, population growth, anticipated growth corridors, and estimated future water demand projections for 2020,2030,2040. o Future needs for wells, storage and treatment facilities. o Maintenance and upkeep of the existing water infrastructure. o Capital Improvements Plan. o Identifies issues and actions to address them as part of the local comprehensive plan. Water conservation and reuse, protection of source and sub-regional collaboration. Surface Water The City of Chanhassen manages its lakes, streams, and wetlands through its Local Stormwater Management Plan (LWMP) and in partnership with four Watershed Management Organizations (WMO): the Carver County WMO, Riley-Purgatory-Bluff Creek, Minnehaha Creek, and the Lower Minnesota River Watershed Districts. The LWMP identifies areas of focus during the period 2018-2027, providing a guide to projects and programs to protect and improve these water resources. Parts of the city drain to either Lake Minnewashta or Christmas Lake and then to Lake Minnetonka. The rest of the city drains to the Minnesota River. There are 9 major lakes in Chanhassen,2 natural system lakes and hundreds of smaller ponds and wetlands including the Seminary Fen. Bluff Creek is the longest stream in the city, flowing just over 7 miles southeast to Rice Lake in the Minnesota River floodplain. The headwaters of Riley Creek is Lake Ann. From the lake's outlet Riley Creek flows southeast through Lake Susan, Rice Marsh Lake, and Riley Lake, then outlets that lake and flows to the Minnesota River. Assumption Creek, located in the Minnesota River Valley, is a DNR-designated trout stream. Where known, the LWMP includes information about the water quality in these lakes and streams, and the steps the city and WMOs are taking to manage them. Included in the LWMP is an update to the city's storm drainage models. These models break the drainage system down into ten subwatersheds, and model the network of storm sewers, channels, ponds, and wetlands that store and convey rainwater and snowmelt. These models can be used to ensure pipes and ponds are of sufficient size and to predict where flooding might occur during large rainstorrns. Todd Gerhardt Comprehensive Plan Distribution October 9,2017 Page 6 of 7 Discussion A number of water resources-related problems, issues, and requirements were identified in this planning process. These include: o The reissue of the State of Minnesota's NPDES General Stormwater Permit in 2013 requires local govemments such as Chanhassen to adopt and enforce standards and ordinances for development and redevelopment which limits stormwater runoff from sites over one acre in size. o New or expanded maintenance and administrative responsibilities are required in the NPDES permit to control runoff and protect and improve water quality from city owned or maintained land. o All4 WMO's are updating their 10 year Comprehensive Plans. The city is required to amend their LWMP to be consistent with each WMO. o In order to maintain and/or obtain primary responsibility for managing local water resources additional ordinance revisions are required. The alternative is to defer the authority to the local WMO. o Some of the lakes and streams in the city do not meet the state's water quality standards for recreation and aquatic life. o Stream gullies and escarpments are contributing excess sediment into Bluff Creek and the Minnesota River. To address these issues, the LWMP sets forth six goals as well as policies and action steps it proposes to take. The LWMP's Implementation Plan includes capital improvement projects, city- conducted as well as partnership projects with the WMOs and other partners; management programs such as education and outreach and water quality monitoring; operations and maintenance activities such as street sweeping, stormwater system inspections and repairs, road salt management and staff training; and ordinance revisions. While the LWMP is a ten-year plan, the Implementation Plan is reviewed annually, and new projects and programs may be added as more information is available and as opportunities arise. Goal l. Promote abstraction through infiltration, reuse and other methods where practicable to do so to provide flood protection, ground water recharge and improved water quality. Goal 2. Achieve water quality standards in lakes, streams, and wetlands consistent with their designated uses and established classifications. Goal 3. Protect and rehabilitate wetlands to maintain or improve their function and value. Goal 4. Prevent contamination of the aquifers and promote groundwater recharge to maintain base flows in streams and wetlands. Goal 5. Maintain primary responsibility for managing water resources at the local level where efficient to do so but continue coordination and cooperation with other agencies and organizations. Goal 6. Provide infbrmation and educational resources to improve knowledge and promote an active public role in management of water resources. Todd Gerhardt Comprehensive Plan Distribution October 9,2017 PageT of7 The Surface Water Management Plan is referenced in the Comprehensive Plan but will be a separate document tracking with the Comprehensive Plan. Because of the technical nature of the plan, and the review requirements for adopting it has been separated from body of the 2040 plan. Capital Improvements and Implementation This chapter details city code amendments and initiatives that the city must undertake to implement the comprehensive plan. Additionally, a copy of the city's Capital Improvement Plan required for facilities improvements has been included in the chapter. RECOMMENDATION Staff requests that City Council review the chapters and provide comments and direction for any changes to the chapters. Staff requests that City Council authorize the distribution of the draft 2040 Comprehensive Plan for jurisdictional review after the initial public hearing held by the Planning Commission on October 17,2017. ATTACHMENTS Metropolitan Council Comprehensive Plan Submittal Guide Jurisdictional Review List Draft 2040 Comprehensive Plan g:\shared data\planV040 comp plan\draft cc cover distribution.docx MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Community Development Director DATE: October 17,2017 SUBJ: 2040 Comprehensive Plan BACKGROUND The Planning Commission held discussions this year to review the draft 2040 Comprehensive Plan (Plan). The Planning Commission reviewed the following: Apil4,2017 Overview of Comprehensive Plan. April 18, 12017 Sewer, Transportation, and Water Jtilyl8,2017 Housing, Land Use, Sewer, Water and Parks & Open Space August 1,2017 Natural Resources August 15,2017 Water Resources October 3,2077 Surface Water, Goals & Policies, Implementation and CIP City Council approved the Plan for jurisdictional review on October 9,2017. The Plan is being distributed to other jurisdictions on October 20,2017 and the comment period is open until April 20,2018 for jurisdictional review. Following that date, the Planning Commission will review the Plan based on comments received during the review period, jurisdiction comments, the city's written responses to any comments and make a recommendation to City Council for adoption of the Plan. City Council can then approve the Plan contingent upon submitting the Plan to the Metropolitan Council for their review and finding the plan consistent with the Metropolitan System Plans. Only after the Metropolitan Council finds the plan consistent with the regional plan can the city's 2040 Comprehensive Plan go into effect. The2040 Comprehensive Plan consists of the following chapters: Chapter 1 : Introduction Chapter 2: Land Use Chapter 3: Housing Chapter 4: Natural Resources Chapter 5: Parks and Trails Planning Commission October 17,2017 2040 Comprehensive Plan Page2 of20 Chapter 6: Transportation Chapter 7: Sewer Chapter 8: Water Chapter 9: Surface Water Chapter 10: Capital lmprovements and Implementation The reason for this public hearing is to initiate the six month jurisdictional review process by allowing individuals to comment on the draft2040 Comprehensive Plan and permit the Planning Commission to review, ask questions, comment and provide direction on creating the final 2040 Comprehensive Plan document that will be adopted in 2018. DISCUSSION INTRODUCTION The introduction provides a general overview and framework for the City of Chanhassen Comprehensive Plan. This chapter addresses the city's vision as it moves forward. LAND USE The goal of the city is to create a mixture of land uses that provides a high quality of life and a reliable tax base. We have a very successful downtown and there is additional opportunity for retail with the potential development of a mixed use development at Highway 212 and Powers Boulevard as well as part of the mixed used development at Flying Cloud Drive and Highway 101, which was re-guided in 2015 as part of the CSAH 61 corridor study. Based on staff analysis, there is a sufficient diversity of residential land uses to accommodate housing growth in the community. Land Use 2030 Land Use Plan Acres Percent 2040 Land Use Plan Acres I Percenl Change 2030-2040 Acres Commercial Office/lndustrial Office Parks & Open Space Public/Semi-Public Residential Large Lot Residential Low Density Residential Medium Density Residential High Density Mixed Use Undevelopable TOTAL 328 2.20/o 883 6.00/o 339 2.3% 1,410 9.6% 1,204 8.2Y0 971 6.6% 4,707 31 .901 400 2.7%, 218 1.5o/. 1 15 0.801 4,185 28.4% 14,760 328 2.2o/o 843 5.7% 277 1.9% 1,518 10.3% 1,204 8.2% 948 6A% 4,597 31.1% 499 3.4% 218 1.5%'143 1.Oo/o 4,185 28.4% 14,760 (23) (110) 99 28 : ioor (62) 108 Undevelopable Lakes, Floodplain, Rivers, Streams Road Right-of-Way Agriculture TOTAL 2,059 1,244 882 4,185 2,059 1,244 882 4,1 85 Planning Commission October 17,2017 2040 Comprehensive Plan Page 3 of20 Map Amendments The city has received two requests for consideration of designated land use as a part of the update to the 2040 Comprehensive Plan. Staff is also proposing one land use amendment. 1. Request from Erhart Family Tim and Diane Erhart are requesting two issues. One is removal of an area from the Bluff Creek Overlay District, approximately 3.2 acres which is currently guided low density. The second request is for a dual guiding of the property for High Density Residential and Office. Following is analysis for your consideration. Amendment Request as prepared by Tim Erhart: After.further consideration in addition to our recent request to modify the Bluff Creek Overlay District Map as it relates to land east of Powers Blvd we additionally request a change to type of use permitted. We request that the area adjacent to Powers Blvd be dual guided. Curuently the area is guided ffice/industrial only. We believe that an alternative good use would be high density residential. The area is well served by the nearby TH #212 intersection, accessed via Powers Blvd. We understand that a bus station will be constructed in the immediate area as well. A residential use would allow residents use of the extensive trail system (planned) in the area as well as convenient access to Fox Woods Preserve. Moreover, residents would have access to Bandimere Park by a nature trail. We also believe that ffices would also allow use of the outdoor activity provided however it could be that high density residential may even provide more opportunities.for people to enjoy. History of the site: . Bluff Creek Overlay District created in 1998 (See attached Overlay District code) o 3 acres re-guided with the 200B Comprehensive Plan.from Low Density to Olfice o Land use amendment to allow 7 additional acres medical ffice.o A medical ffice plan was given site plan approval in 2009 but was never constructed. Erhart Acres gross Existing land use Requested land use Land Use - Office potential ss.ft. Land Use High Denisfii 8-16 units an acre ootential units 9.5 acres 9.5 +3.2: 12.7 166,000 ss. ft.l0l -203 units Planning Commission October 17,2017 2040 Comprehensive Plan Page 4 of20 Remove Erhart Property from Bluff Creek Overlay District. Purpose of First Request: The Introductory sentence of the BCOD refers to the Bluff Creek Watershed Area. Starting with the second sentence and all references thereafter the term Bluff Creek corridor is employed. IT is clearfrom a reading of the BCOD ordinance that the intent is to apply development restrictions to " land areas abutting and in the vicinity of the (Bluff Creek) watercourse and its tributaries " (sec. 20-1552). To emphasize thefocus on proximity, the word corridor is usedfour times in the Purposes section of the ordinance. The Ordinance also purposed to "Foster the creation of a greenway connecting Lake Minnewashta Regional park and the Minnesota River Valley". In addition, other sentences are included that clearly indicated that this ordinance was intended to be applied to the corridor (and some cases a tributary) but not all lands in the Bluff Creek watershed or lands at a distance from Bluff Creek. The Blulf Creek watercourse lies nearly one quarter mile from the nearest point of our property, which demonstrates that our property is not "in the vicinity of Bluff Creek". Second, a four lane highway (Powers Blvd) separates our property from the Bluff Creek Corridor. Third, there are no tributaries of Bluff Creek on our property. Infact, there are not tributaries east of Powers Blvd. All water leaving the area east of Powers Blvd flows through pipes and road ditches, all man-made devices. Conclusion: Having our land included in the BCOD is inconsistent with the stated purpose and intent of BCOD and therefore is a misapplication of the ordinance. Therefore, we request that our land be removedfrom the BCOD. Second Request: If the city cannot agree to remove our landfrom the BCOD then: l. Adjust the Primary Zone line to a position where one can clearly distinguish why the line would be placed in such a location. In other words, there would be one or more features of the land that dffirentiate one side of the line from the other side. This is in contrast to the arbitrary location of the line as it is now and where no one can dffirentiate one side from the other. 2. Adjust the BCOD boundary lines such that only those areas with permanent natural features such as bhfrt, wetlands, and buffers between conflicting land uses are included within the primary and secondary zone. 3. Guide the entire I2.7 acres within the proposed BCOD limits illustrated on the maps to ffice, industrial or institutional use. 4. Guide the 1.8 acres directly south of New Street for public use and relocated storm pond. Planning Commission October 17,2017 2040 Comprehensive Plan Page 5 of20 Purpose of Second Request: l. Amending the curuent plan and BCOD limits will allow the best use of the 12.7 acre area site (titled Fox Office Campus). Its location and direct access to the TH# 212/Powers Blvd interchange makes this area ideal.for ffice, industrial, or institutional use. 2. Convert the 3.2 acre area currently guided residential to ffice, industrial or institutional use as tltis area can only be accessed through the area already guidedfor such use. 3. Retain the existing natural area (NM pond and north/south wooded hiQ which serves as a buffer berween.future residential development to the east and the planned ffice park to the west. 4. Maintain the existing (private) trail connection between a.future trail head at New Street (see map) and Fox Woods Preserve. This trail runs through the center of the wooded buffer area. Once development occurs this trail will be designated.for public use. 5. Provide spacefor communityfacilities including a trail head and trail head parking at Powers Blvd directly south of New Street. 6. Allow space for the relocation of the existing storm pond to the south side of the New Street (mop). 7. Provide space for a planned lift station intended to serve the area south of Pioneer Trial 8. Provide parking and service access to the lift station's stationary equipment. Bluff Creek Overlay District Knowing where to apply the development restriction of the Bluff Creek Overlay District Ordinance (BCOD) to d property depends primarily on what is included in the Primary and Secondary Zone and what is noL The ordinance is then applied to all areas of property which lie within those zones. This specifically determines how the property within the BCOD can be used, what areas are "undevelopable" vs. "developable", what value the property is to the current owner and future users, and what tax generation capacity will result.for the city when developed. Which such significant impact, it is critical that the boundary be laid down with great care and thoughtfulness and witlt some sense of consistency based on other similar lands within the city. Most importantly, there must be scientific analysis applied (inferued but not described in the ordinance) to objectively determine the boundaries of the BCOD. At the time the BCOD ordinance was adopted, the Primary Zone boundary was established generally through the use of aerial photographs as no "on the ground" survey and/or data was available.for scientifically determining the limits of the zone. The intent (Section 20-1555 Boundary delineation) was that as properties come up.for development the landowner was to provide.field data to assist the city in making a determination of the line's.final location. Wile this process seeflN to be well intended, the ordinance, while describing the kind qf data requested, is basically silent on how to use the data to establish the actual location of the delineating line (the one exception is sec 20-1551 which deals with slopes specifically stating that area exceeding 25o% slope should be preserved). No additional guidance or process is given that would allow one or more individuals, by applying the ordinance's guidelines, to make Planning Commission October 17,2017 2040 Comprehensive Plan Page 6 of20 similar and consistent determinations of the boundary line's location. It is our view that it should be inherent in any standard that two reasonably experienced people applying the same standard would come up with essentially the same conclusion. This is hardly the case with the BCOD. As a result, this lack of definition leaves it up to the sole discretion of the city staffas to where the BCOD is established. This arbitrary process could lead to many substantial disagreement, as I believe it has in the past. We submit that there must be some "standard" established, which when applied results in a consistent determination as to the location of the BCOD boundary lines. It is also our view that the primary criteria for determining this boundary should be permanent features such as topography and existing wetlands rather than plant cover, a.fence or the edge of afield. Nor should it be based on an existing road or previous use such as agriculture or a building site. These things are most often created by human activity and change over time. Moreover, employing tree coverage is problemotic as it also changes over time and penalizes the landowner who cultivates the property for agricultural production would be able to freely develop the property as there would be no tree cover due to his actions (and subsequently no BCOD). I believe this is unfair and contrary to the spirit of the ordinance. That said, where existing tree cover combine with a specific typographic.feature forms q buffer between two conflicting land uses, tree cover may be considered afactor in establishing the line's location. Trees simply by themselves are not a reason to include land in the Bluff Creek Overlay District. Typography and wetlands are much more permanent land features and better define what an appropriate use of the land is for generations to come. Use of topography and wetlands allow for more obvious and conclusive locations of such boundaries. Areas where level or gently slope abruptly change to a steep and prolonged slope are obvious points of separation and should be applied as logical boundary lines as city ordinances are already established such definitions in code. 00vl'ous ol delinc polnt Level or gentle sloping terruin +- S@gratcrttwa25l( Wetland boundaries are established easily through surveying, something that is already required of every development and should be used to establish boundary line locations as well. We submit that these two criteria (extensive slopes and wetlands) should be the dominant factors used to establish the boundary line locations Jbr this application of the BCOD. Neither the original location of the primary line (generated by aerial photos) nor the adjusted line (Fairview Planning Commission October 17,2017 2040 Comprehensive Plan PageT of20 Clinic project) demonstrate any topographic or wetland features that would distinguish one side .from the other. We therefore submit a proposed new location (described on the enclosed maps and below) which demonstrates and obvious locationfor the Primary Zone boundary. This location clearly exhibits a natural boundary condition where measureable difference exists between what is "inside" tlte primary zone and what is "outside". This proposed line is located where terrain changes abruptlyfrom a rolling terrain to a steep extended slope. tt ad Conclusion Regarding Request Number Two: 1. The area in question lies directly adjacent to the Interstate 212/Powers Blvd interchange which includes excellent access to the intersection. The area also exhibits great view .from the east bound trffic on TH 21. This makes the area ideally suitedfor ffice or industrial or institutional use. 2. It provides a beautiful settingfor users as they are surrounded on three sides by park land. 3. We believe the current BCOD boundary line shown on the current city mapping.for the area is unscientific and arbitrary and should be revised to comply with some reasonable standard or at least exhibit obviousness as to why it is located where it is. Planning Commission October 17,2017 2040 Comprehensive Plan Page 8 of20 4. The 3.2 acre area now guided residential is adjacent to the 9.5 acres guided ffice/industrial. The only access to the 3.2 acre area is through the 9.5 acre area and in our view should be guidedfor ffice/industrial and/or institutional as well. Moreover, the area is rather noisy due to trffic from TH# 212 making it undesirable for residential use. 5. The 3.2 acres identified on the enclosed map represents an ideal locationfor a multi- story ffice building and its required parking area. It adjoins the 9.5 acre parcel guided ffice/industrial and offers a unique site line from eastbound TH 212 traffic. 6. Allows the construction of o/fice space similar in size to Fairview but movedfurther to the north and east. This provides for greater separation of uses between the large lot residential area to the south. This movement also eliminates the requirement for removal of part of the steep hill which would also then require tlte construction of a long I 2ft high retaining wall (included in the Fairview plan). Lastly it also eliminates the need to build a parking ramp as approved with the Fairview site as adequate spacefor surface parking is made available with the addition of the 3.2 acres. 7. The t.8 acres south of the new street would be used for the trail head leading to Fox Woods Preserve, trail head parking, the relocation of the existing storm pond and a planned sewer lift station. The proposed trail head parking can also serve as access to the lift station. 8. It appears that curuently the city intends to use this 3.2 acres as additional park land rather than use the landfor its best suited purpose. Even without the 3.2 acres in question, approximately 52.5%o of the 360 acres located in the vicinity is already designated as open space and is intended to be used by the public as park or wetland. Addition another 3.2 acres of highly developable and potentially tax generating property to an already expansive natural area will add little noticeable value. 9. The plan shown includes a trail connection to Fox Preserve at two points, startingfrom the trail head at New Street. This route is completely wooded and overlooks the.five acre Rim pond to the east and is screened by threes from the proposed ffice and parking area to the west. It also contains a smaller pond between the "Y" of the trail on the north end. The development of the 3.2 acres as ffice/industrial will have no negative impact on this trail connection and its amenities. Infact, such a development can easily include internal connections to the Fox Preserve and area trail system. Including the 3.2 acres as park does not in any way add to the already great experience that this trail provides. 10. Lastly the majority of the 3.2 acre area in question is currently usedfor agriculture as is a majority of the 9.7 acres already guided ffice/industrial. This allows easy transition .from the curuent use to o.fJice, industrial or institutional use. Planning Commission October 17,2017 2040 Comprehensive Plan Page9 of20 Designation: As can be seen, this area contributes to Bluff Creek. At one time, this area drained overland to Bluff Creek. With urban development, the drainage has been confined in certain areas to pipes and culverts. The drainage pattern on top of the bluff takes local drainage and directs it west towards Powers Boulevard. It also serves as the EOF for the large water body immediately east of the wooded area. Lastly, there is a mitigation area located northerly on the property. Staff response to the Bluff Creek l, I I Planning Commission October 17,2017 2040 Comprehensive Plan Page 10 of20 Part of the discussion should be about the effects of urbanization on channel characteristics and flow hydraulics. As the area tributary to Bluff Creek is converted from prairie and woodland conditions to urbanized conditions, the following occurs: t. Base flow is decreased which leads to a failure to support aquatic vertebrates. 2.The flashiness of the flows increase as water is directed to the creek faster than under natural conditions. 3. The duration of the elevated flows is increased. Even with the installation of detention ponds, it still leads to a longer duration of peak flows even if the peak flow is decreased from an urbanized condition without ponds. 4. All of this leads to increased scouring, head cutting, escarpment formation and sediment loading and deposition. 5. This increased sediment load falls out of suspension downstream and leads to an embedded condition meaning there is a diminished fish habitat as the small riffles formed in the cobbled substrate disappear. This also leads to an increase in water temperature and a decrease in transitivity of light and reduced plant and plankton production. It is for this reason that we look at the entire watershed and not just that which is immediately adjacent to Bluff Creek. To facilitate the preservation of the natural resources on this property, the city proposed the dedication of a conservation easement over the primary zone north of the proposed access road and east of the office building. Planning Commission October 17,2017 2040 Comprehensive Plan Page I I of20 ,f.'d Approxirnate Are a o f C oruern'ation E a sernerrt i JEFa*l llrl 1,,'Etld , rrr Imn l"ErE( ,r'' gr ry,\/ I/l/i,l l'-/ r it.iTll'(':u'l City code specifies how the primary zone boundary is determined: Section 20-1555 O) Boundaries; maps. The primary and secondary zones include land that is generally defined in this ordinance and in the Bluff Creek Watershed Natural Resources Management Plan. Boundaries as established by officially adopted city maps shall be prima facie evidence of the location and type of watershed zone. The official maps shall be developed and maintained by the planning department. The applicant shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact watershed zone boundary. The community development director shall make a determination to maintain the officially designated watershed zone boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Datafor watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. The applicant may appeal the community development director's determination of the watershed zone boundary and type to the city council. (Emphasis added) Staff response to Erhart land use amendment request: l. Taking 3.2 acre out of the Bluff Creek overlay district is premature as with the recent Avienda request. City code specifies the requirements for revising the boundary. The applicant withdrew {b: ..frEtr- Planning Commission October 17,2077 2040 Comprehensive Plan Page 12 of20 their request and will make a request as part of a site plan review. This option would be a variance request to the code. 2. Duel guidingg.g - 12.7 acres to High Density or Office would permits up to 112-203 units. Based on the housing study we have sufficient land guided for high density. 2. Request from Don Halla Family There are two sites that are being requested for consideration for a land use change Golf Course Acres gross Current Land Use Low Density 1.2-4 u/a Requested Land Use High Density 8-16 u/a Halla Family LP 45.04 85 - 150 units 360 - 720 units Mark Halla 12.21 Halla Family LP 12.06 Maryanne White 1.69 25.87 31 -103 units 201 - 414 units Planning Commission October 17,2017 2040 Comprehensive Plan Page 13 of20 Andersen Development * representing the Don Halla Famlly DanieJJ. Andersen 3140 Montgomerie Ave Deephaven, MN 55391 512'812'3324 - Dfiua-(il4r,t'€e:ru cB.' c'F1 Dece.nber 19, 2016 RE: Halla Property Located at - l(XX)o, Great planed BLVD (Hl6hway I01)and 4g5 pioneer Trail Future comprehensive plan amendment for both locations. This comp plan wlll be dercribed as EAST AilD WEST. The reason for this description ls r*e belierre the use in both locations should be a like kind application. ln its current stste the nursery brings an industrlal look and feelwhereas the golf couGe flts in its location well, but is underutilized for a long.term delivery, It is our intention to bring continuity to these locrtions as it seems to be a main intersectlon that hat more potentialfor public use. ln looking througtr th€ city of Chanhessen $/e wanted to address tho need for a product delivery of a luxury apartment living, combined with public access. We feel that what is belng propored does not currently exist ln the greater Chanhassen area. With HiShway 101 and Pioneer Trall being a very busy intersection, a hlgh end single family usc has no merit, moreover, there are plenty of dlfferent slngle family repres€ntstionr prerent. Thls concept will show that oP€n space is important to the community and allows the open space to have a public use and opportunity for walking trails, tennis courts {possible a tennis club not shown on concepts|, basketball courts, and batting ca8es. fu one can see we have kept what we feel is the start of a wonderful cornfiunlty isset currently in the driving range on the west portion of this proposal. Planning Commission October 17,2017 2040 Comprehensive Plan Page 14 of20 Planning Commission October 17,2017 2040 Comprehensive Plan Page 15 of20 Staff response to the Halla request: Based on the housing study, we have sufficient land guided for high density residential uses to meet the city's housing goals and needs. 3. City Initiated amendment: City owned property (1.91 acres) guided Residential L,ow Density change to Parks & Open Space. The site is heavily wooded and has a 36 foot elevation drop from north to south. The city intends to keep this property as permanent open space. PIN 250020500 HOUSING The Housing Chapter of the Comprehensive plan analyzes the existing and projected housing needs of the city. The city has adopted the Metropolitan Council's Systems Statunent, which includes population, households and employment projects. The housing chapter addresses the city's goals for housing in the community. The following issues are discussed: o Inventory of existing housing including types and price.. Analysis of future housing dernand.o status of the city's progress toward the Livable communities Act.o Discussion of the city's demographics. C--r' -) *, .oo,,----. qffi M{ ,uxll 'trryJ"drlu.l,- '$rB t*F\rwE \rlm T!4r" i S. ",|,E€gH. *-;;; cnxtrr an 75 Ill-J { ,,Jil Planning Commission October 17,20ll 2040 Comprehensive Plan Page 16 of20 Forecast Year Population Households Employment 2010 22852 8,352 10:905 2020 26,700 1o,U)0 '15,200 2030 31J00 ll,9o0 15,500 2040 3F,'100 14,000 17,600 NATURAL RESOURCES The natural resources section identifies the important environmental amenities and attributes in the city and their corresponding issues. The main goals encompass identifying and preserving naturairesources, and increasing overall tree cover and maintaining the urban forest. Proper management of public natural resources is the overarching issue and critical to the success of Chanhassen retaining it's natural resources identity. This chapter of the plan addresses natural communities including forestry and water resources. The following issues are addressed: o Creation of a management plan for lands that have been acquired by the city. o Create an inventory of the natural resources. o The commitment of the city to preserve the city's natural resources; woodlands, wetlands, lakes, rivers and streams. o Consider adoption of GreenStep Cities initiative. PARK & RECREATION At the September ll,2017 City Council meeting, the Parks and Recreation System Plan was presented. The Park and Recreation chapter deals with the following issues: o Current park system. o Additional parks that will need to be acquired in still developing areas. o Additional community ball field space that will need to be acquired to meet demands of future growth. o Our pedestrian trail and sidewalk comprehensive in the State. system is widely recognized as one of the most o In addition to local parks, residents are afforded convenient access to county, federal outdoor recreation destinations state and The park and Recreation chapter of the 2040 Comprehensive Plan provides an overview and an analysis of the city's existing system. It identifies objectives and policies that will guide park and recreation decision making ttrough the year 2040 as well as identifying key initiatives that will be completed to enhance the current park and trail systems. Planning Commission October 17,2017 2040 Comprehensive Plan Page 17 of20 In our community, we have numerous non-city recreational facilities that play an integral role in fulfilling residents' recreational needs. Minnewashta Regional Park, the Minnesota Landscape Arboretum, the Minnesota Valley Wildlife Refuge, Raguet Wildlife Management Area, golf courses and Camp Tanadoona are all important recreation destinations. Two regional trails owned by the Hennepin County Regional Railroad Authority and managed primarily by Three Rivers Park District can be found in both the southem and northern tiers of the city. In addition, regional trails are located along State Highway l0l and State Highway 5. TRANSPORTATION The transportation chapter is based on the city's 2040 Land Use. Updates to these plans recognize changes in land use, development patterns and other planning processes including: the Minnesota Department of Transportation's "Transportation System Plan 2008 - 2030" (TSP), Carver County's Transportation Plan 2017 Update, and the Metropolitan Council's Transportation System Framework. o The Plan shows how the city will achieve its goal of creating an integrated multi-modal transportation system which permits safe, efficient and effective movement of people and goods while supporting the city's development plans, and complementing the county, metropolitan, and state transportation systems that are within its boundaries.o Addresses existing and projected system deficiencies in the city's roadway network.o Establishes a functional roadway classification system for the roads within the community. o Discusses existing and future improvements and funding mechanisms for the construction of transportation improvements.o Includes a table allocating forecasted population, household, and employment growth by TAZ for 2020,2030 and 2040. o Includes a map of existing and forecasted2}4} traffic volumes. o Identifies existing transit routes and services. o Incorporate transportation goals, objectives, and strategies outlined in the 2040 Transportation Policy Plan. SANITARY SEWER The sanitary sewer plan presents the existing sanitary infrastructure and the general location and size of future sanitary sewer infrastructure under fully-developed conditions. The Sanitary Sewer Comprehensive plan covers the future extensions of municipal service to future development areas. The plan deals with the following issues: o Organized and cost-effective plan to extend sewer service to development areas of the community. o Plan is based on anticipated land use, population growth and anticipated growth corridors. Planning Commission October ll,2017 2040 Comprehensive Plan Page 18 of20 o Maintenance and upkeep of the existing sanitary sewer infrastructure. o Reduction efforts for Inflow and lnfiltration. o Capital lmprovements Plan. The city has determined that all of Chanhassen will be included in our 2020 MUSA area. A list of strategic infrastructure improvements and sequencing has been developed necessary to install the infrastructure. There is a significant city investment required to extend urban services and there is a need to expand the service area that may connect to the system in a timely manner. Additionally, there are failing septic systems that should be replaced with a centralized sewer system. A lift station on the Powers Boulevard south of Highway 212 and forcemain from this lift station along the Highway 212 corridor are identified as the key infrastructure improvement for all the land south of Highway 212. WATER The Comprehensive Water Plan identifies the existing trunk and lateral watermain and wells within the city. The general alignment and size of future trunk watermain and the general location of future well sites and future water towers is also shown. The Water Comprehensive plan covers the existing and future extensions of municipal service to future development areas. The plan deals with the following issues: o Organized and cost-effective plan to extend water service to development areas of the community. o Plan is based on anticipated land use, population growth, anticipated growth corridors, and estimated future water demand projections for 2020,2030,2040. o Future needs for wells, storage and treatment facilities. o Maintenance and upkeep of the existing water infrastructure. o Capital Improvements Plan. o Identifies issues and actions to address water conservation and reuse, protection ofsource and sub-regional collaboration as part of the local comprehensive plan. SURFACE WATER The Local Water Management Plan (LWMP) was prepared in conformance with Minnesota Statutes 1038.235 and Minnesota Rules 8410. This plan is intended to provide the City of Chanhassen with information and direction in the administration and implementation of water resource management activities within the city during the period 2018-2027. It serves as a guide to projects, provides for effective allocation of resources, and sets forth a funding plan for projects and programs over the next 5 to 10 years. The City of Chanhassen realizes the importance of water resource management. In August of 2006 the city adopted the Second Generation Surface Water Management Plan. The LWMP is currently in the process of being amended and updated and is anticipated to be sent out for Planning Commission October 17,2017 2040 Comprehensive Plan Page l9 of20 review to appropriate jurisdiction by January 2018. The LWMP must follow a separate and mandatory review process pursuant to Minnesota Statutes 1038.235 and Minnesota Rules 8410. The city's Plan will adopt by reference the local 2018 - 2027 surface water management plan (LWMP) and will incorporate the 6 water resource goals as specified in the LWMP. Goal 1. Promote abstraction through infiltration, reuse and other methods where practicable to do so to provide flood protection, ground water recharge and improved water quality. Goal 2. Achieve water quality standards in lakes, streams, and wetlands consistent with their designated uses and established classifi cations. Goal3. Protect and rehabilitate wetlands to maintain or improve their function and value. Goal4. Prevent contamination of the aquifers and promote groundwater recharge to maintain base flows in streams and wetlands. Goal5. Maintain primary responsibility for managing water resources at the local level where efficient to do so but continue coordination and cooperation with other agencies and organizations. Goal6. Provide information and educational resources to improve knowledge and promote an active public role in management of water resources. CAPITAL IMPROVEMENTS /IMPLEMENTATION The Capital Improvement Program (CIP) Implementation Chapter provides a systematic assessment of the timing and magnitude of improvements that will be required to implement the comprehensive plan. Staff has included portions of the 2017-2021CIP. However, detailed descriptions of the potential projects are not appropriate within the Comprehensive Plan since they are dealt with in the city's five-year CIP. The individual chapters describe the proposed improvements. The city annually prepares a five- year CIP, which goes into great detail about a specific project. That document has greater accuracy and more detail then is appropriate in a comprehensive plan. The chapter also list required amendments, code revisions and initiatives that the city will need to undertake to implement the Plan. Planning Commission October 17,2017 2040 Comprehensive Plan Page20 of20 RECOMMENDATION Staff requests that the Planning Commission review the comprehensive plan, accept comments on the plan, provide comments and direction to finalize the2040 Comprehensive Plan and concur with the submittal of the 2040 Comprehensive Plan for jurisdictional review. ATTACHMENTS 1. Memo from MN Department of Health regarding Wellhead Protection Plan 2. Draft2040 Comprehensive Plan g\plantr040 comp plan\pc memo l0-17-l7.doc MEMORANDUM TO: Planning Commission FRoM: Kate Aanenson, AICp, community Development Director DATE: July 17,2018 SUBJ: 2040 Comprehensive plan BACKGROT]ND The Planning Commission held discussions last year to review the draft 2040 Comprehensive Plan (Plan). The Planning commission reviewed the following: April4,2017 Overview of Comprehensive plan April 18,12017 Sewer, Transportation, and WaterJrtlyl8,2017 Housing, Land Use, sewer, water and parks & open Space August 1,2017 Natural Resources August 15,2017 Water Resources october 3,2017 Surface water, Goals & policies, Implementation and clp October 17,2017 Public Hearing on Comprehensive pian City Council approved the Plan for jurisdictional review on October g,2Ol7. The plan wasdishibuted to other jurisdictions on October 20,2Ol7 and the comment period ended April 20,2018 for jurisdictional review. On April 3,2018, the Planning Commission reviewed the Plan based on corlments received during the review period, jurisdiction comments, and the city's written responses to anycomments. Now, we are holding the public hearing to make a recornmendation to City Councilfor adoption of the Plan. City Council can then approve the Plan contingent upon submitting the plan to the MetropolitanCouncil for their review and finding the plan consistent with the Metropolitan Systan plans. only after the Metropolitan Council finds the plan consistent with the regional plan can the city,s2040 Comprehensive Plan go into effect. Planning Commission July 17,2018 2040 Comprehensive Plan Page2 of26 The 2040 comprehensive Plan consists of the following chapters: Chapter 1 : lntroduction Chapter 2: Land Use Chapter 3: Housing Chapter 4: Natural Resources Chapter 5: Parks and Trails Chapter 6 : TransPortation Chapter 7: Sewer Chapter 8: Water Chapter 9: Surface Water Cfrupto 10: Capital Improvements and Implernentation The reason for this public hearing is to recommend approval of the 2040 comprehensive Plan' DISCUSSION INTRODUCTION (ChaPter 1) The introduction provides a general overview and framework for the City of Chanhassen Comprehensive Plan. t is Jt apt". uaar"..L, the city's vision as it moves forward' All the goals and policies for ttre iO+O Co-pi"ttensive Plan have been stated in this chapter' LAND USE (ChaPter 2) The goal of the city is to create a mixture of land uses that provides a high quality of life and a reliable tax base. we have a very successful downtown and there is additional opportunity for retail with the development of Aviendaat Highw ay 212-and Powers Boulevard as well as part of the mixed used development at Flying CtouObrivl and Highway l!1'.which was re-guided in 2015 as part of the csAH 61 corridor study. Based on.staff analysis' there is a sufficient diversity of residential land uses to accommodate housing growth in the community' In response to jurisdictlorrut co**ents, the city has re-guided some agricultural lands to Parks and Open Space. Also, baseJon new GIS analysi.;;pp'.'-ately 40 acres of land was added to the total area and five acreswere de-annexed to Shoiewood with Cathcart Park' Planning Commission July I 7,2018 2040 Comprehensive Plan Page3 of26 Map Amendments The Planning Commission reviewed two land requests for land use changes at their April 17,2017 as part of the Comprehensive Plan public hiaring. The Commission asked staff to meetwith Mr. Erhart to review his request. On June 7,2017 the Community Development Director,City Forester, Park, and Recreation Director meet on the subject site with Mr. irhart.The2040 Comprehensive Plan calls this area long-term for tle potential development time line.Even with the proposed reconstruction of Hwy 101 between County Road 6l and pioneer Trailthere continues to be sufficient development capacity. Conclusion and Recommendation Staffs response to requests 1. Erhart requests: is removal of an areafrom the BluffCreek Overlay District, approximately 3'2 acres that is currently gaided low density. The second request isfor a dual guiding o1ihepropertyfor High Density Residential and Office. a. Taking 3.2 acte out of the overlay district is premature as with the recent Avienda request. The Riley Purgatory Watershed District supported the presavation Overlay District by making it a condition of approval for wetland impacts.b' The plan proposed by the Earhart's shows smaller building, li-itirrg the grading and preserving trees. Once the land use is changed, it would be up to G developer to as to how the site is used. It could be mass graded with significant tree loss and grading and retaining walls. 1,781_. 1,?11 Rivers, Stleams ---J__ --+- Planning Commission July 17,2018 2040 Comprehensive Plan Page 4 of26 c. Duel guidin gg.g - 72.7 acresto High Density or office would permit up to 112-203 housing units. Based on the housing study we have sufficient land guided for high densitY. Staff is still not supporting changes to the land use or the Bluff Creek Overly District Boundary. 2. Halla a. Based on the housing study in the 2040 Land Use Plan the city has sufficient land guided for higlr densitY 1)Withthecompletionofthe6lCorridorStudythereisthepotentialtoaddanother 750 multifamily units between the mixed-use district and the high and medium densitY districts' 2) The current guiding of the Gorra property (medium and high density) has the Potential for 1000 units' b. There is the potential for 700 medium and high destiny units in the Avienda Developmentthatwilltakeplaceoverthenextfewyears. c.Basedonthesizeofthet*:"Oproperties,thelow-densitylanduseprovideszoning districts (puD or RLM) ttraiwouta allow for the creation of unique neighborhoods using varying lot sizes' d.The2040ComprehensivePlancallsthisarealong-termforthepotentialdevelopment time line. Even with the profosed reconstruction of Hwy 101 between County Road 61 and pioneer Trail there ctntinues to be sufficient development capacity' The city has received two requests for consideration of designated land use as a part of the update to the2040 Comprehensive Plan' Tim and Diane Erhart are requesting two issues. one is removal of an area from the Bluff creek overlay District, approximat ely 3.2u.ro *ti"t, is currently guided low density' The second request is for a dual guiding of the proplnv ror High Density Residential and ofEce' Following is analysis for your consideration' Letter from Mr. Erhart - amended request Afterfurther consideration in addition to our recent request to modify the Bluff Creek overlay District Map as it rerates to rand east of powers Brvd we additionariy request-a change to type of use permitted. we request that -the area.adjacent to Powers Blvd be dual guided' currently the area is guided op"niinarsffial onty. W;b"lliel,ve that an alternative good use would be high density residential. ih" or"o rs weil tr*ri iy the nearby TH #212 intersection' accessed via powers Blvd. We understand that a bus station will be constructed in the immediate area as well' A residential use wotuld auow residents use of the extensive trair system (planned) in the area as well as convenient access to Fox Woods Preierve' Moreover' residents would have access to Staff is still not supporting change to the land use' Planning Commission July 17,2018 2040 Comprehensive Plan Page 5 of26 Bandimere Park by a nature trail. We also believe that ffices would also allow use of the outdoor activity provided however it could be that high density residential may even provide more opportunities for people to enjoy. History of the site: o Bluff Creek Overlay District created in 1998 (See attached Overlay District code)o 3 acres re-guided with the 2008 Comprehensive Plan from Low Density to Officeo Land use amendment to allow 7 additional acres medical office.o I medical office plan was given site plan approval in2009 but was never constructed. Original request from Mr. Erhart: Introduction Thanks for taking the time to discuss our request to reexamine and update the Bluff Creek Overlay District (BCOD) ordinance mapping as it applies to our property in south Chanhassen. The specific area of concem is the approximate 20 acres adjacenitoihe south east quadrant of the TH #212 andPowers Boulevard interchange. To assist with the discussion, we have prepared several maps one of which shows the general area bordered by Powers Blvd to the west, Lake Riley to the east, Lyman Blvd to the North andw 96th St. (extended) in the south. This area consists of approximatlty:OO acres. Two detailed maps are also enclosed which focus on 20+ acre areawhere the BCOD applies. First Request: Rernove Erhart Property from Bluff creek overlay District. Purpose of First Request: The lntroductory sentence of the BCOD refers to the BluffCreek Watershed Area. Starting with the second sentence and all references thereafter the term Bluff Creek corridor is ernployea. lf i, clear from a reading of the BCOD ordinance that the intent is to apply development restrictions to "land areas abutting and in the vicinity of the (Bluff Creek) watercou.r" und its tributaries,, (sec. 20-1552). To emphasize the focus on proximity, the word corridor is used four times in the Purposes section of the ordinance. The Ordinance also purposed to "Foster the creation of a greenway connecting Lake Minnewashta Regional park and the Minnesota River Valley',. In addition, other sentences are included that clearly indicated that this ordinance was intended to be applied to the corridor (and some cases a tributary) but not all lands in the BluffCreek watershed or lands at a distance from BluffCreek. The Bluff Creek watercourse lies nearly one quarter mile from the nearest point of our property, which demonstrates that our property is not "in the vicinity of Bluff Creeki. Second, a -foui tane highway (Powers Blvd) separates our property from the BiuffCreek Corridor. Third, there are no Erhardt Acres gross Existing land use Requested land use Land Use - Office potential so.ft. Land Use High Denisty 8-16 units an acre potential units 9.5 acres 9.5 +3.2:12.7 166,000 sq. ft.l0l -203 units Planning Commission July 17,2018 2040 Comprehensive Plan Page6 of 26 tributaries of Bluff creek on our property. In fact, there are not tributaries east of Powers Blvd. All water leaving the area east of Pow"rt glrd flows through pipes and road ditches' all man- made devices. Conclusion: Having our land included in the BCOD is inconsistent with the stated purpose and intent of BCOD and therefore is a misapplication of the ordinance. Therefore, we request that our land be removed from the BCOD. Second Request: If the city cannot agreeto remove our land from the BCOD then: l. Adjust the primary Zone line to a position where one can clearly distinguish why the line would be placed in such a location. In other words, there would be one or more features of the land that differentiate one side of the line from the other side. This is in contrast to the arbitrary location of the line as it is now and where no one can differentiate one side from the other. 2.AdjusttheBCODboundarylinessuchthatonlythoseareaswithpermanentnatural features such as bluffs, wetlands, and buffers between conflicting land uses are included within the primary and secondary zotre' 3. Guide the entire iz.1 u"r""within the proposed BCOD limits illustrated on the maps to office, industrial or institutional use' 4. Guide the 1.8 acres directly south of New Street for public use and relocated storm pond' Purpose of Second Request 1. Amending tf* "*""t plan and BCOD limits will allow the best use of the l2'7 acre area site (titled Fox office campus). Its location and direct access to the TH#zlzlPowers Blvd interchange makes this area ideal for office, industrial, or institutional use' 2. Convert the 3.2 acre areacurrently guided residential to office, industrial or institutional use as this area can only be accessed through the area already guided for such use' 3. Retain the existing natural area (RIM pond and north/south wooded hill) which seryes as a buffer between future residential development to the east and the planned office park to the west. 4. Maintain the existing (private) trail connection between a future trail head at New Street (see map) and Fox Woods Preserve. This trail runs through the center of the wooded buffer area. Once development occurs this trail will be designated for public use' 5. provide space for community facilities including a trail head and trail head parking at Powers Blvd directly south of New Street' 6. Allow space for the relocation of the existing storm pond to the south side of the New Street (maP). 7. provide space for a planned lift station intended to serve the area south of Pioneer Trial 8. Provide parking and service access to the lift station's stationary equipment' Planning Commission July 17,2018 2040 Comprehensive Plan PageT of26 Bluff Creek Overlay District Knowing where to apply the development restriction of the Bluff Creek Overlay District Ordinance (BCOD) to a property depends primarily on what is included in the primary and Secondary Zone and what is not. The ordinance is then applied to all areas of property which liewithin those zones. This specifically determines how the property within tne 3COD can be used, what areas are "undevelopable" vs. "developable", what value the property is to the current owner and future users, and what tax geleration capacity will result for the city when developed. Which such significant impact, it is critical that the boundary be laid down wiih great care and thoughtfulness and with some sense of consistency based on other similar tands wittrin the city. Most importantly, there must be scientific analysis applied (inferred but not described in the ordinance) to objectively determine the boundaries of the BCOD. At the time the BCOD ordinance was adopted, the Primary Zone boundary was established generally through the use of aerial photographs as no "on the ground" survey and/or data was available for scientifically determining the limits of the zone. The intent (Section 20-1555 Boundary delineation) was that as properties come up for development the landowner was to provide field data to assist the city in making a determination of the line's final location. While this process seems to be well intended, the ordinance, while describing the kind of data requested, is basically silent on how to use the data to establish the actual location of the delineating line (the one exception is sec 20-1551 which deals with slopes specifically stating that atea exceeding 25oh slope should be preserved). No additional guidance or process is given that would allow one or more individuals, by applying the ordinanci's guidelines, to make similar and consistent determinations of the boundary line's location. It is our view that it should be inherent in any standard that two reasonably experienced people applyng the same standard would come up with essentially the same conclusion. This is hardly thi case with the BCOD. As a result, this lack of definition leaves it up to the sole discretion of the city staff as to where the BCOD is established. This arbitrary process could lead to many substantial disagreanent, as I believe it has in the past. We submit that there must be some "standard" established, which when applied results in a consistent determination as to the location of the BCOD boundary lines. Itis also our view that the primary criteria for determining this boundary should be permanent features such as topography and existing wetlands rather than plant cover, a fence or the edge of a field. Nor should it be based on an existing road or previous use such as agricultur" oi u building site. These things are most often created by human activity and change over time. Moreover, ernploying tree coverage is problematic as it also changes over time and penalizes the landowner who cultivates the property for agricultural production would be able to freely develop the propefiy as there would be no tree cover due to his actions (and subsequentlyno BCOD). I believe this is unfair and contrary to the spirit of the ordinance. That said, where existing tree cover combine with a specific typographic feature forms a buffer between two conflicting land uses, tree cover may be considered u f*to, in establishing the line's location. Trees simply by themselves are not a reason to include land in the Bluff Creek Planning Commission July 17,2018 2040 Comprehensive Plan Page 8 of26 overlay District. Typography and wetlands are much more pelmanent land features and better define what an appropriate use of the land is for generations to come' Use of topogaphy and wetlands allow for more ob,io"t and conclusive locations of such boundaries. Areas where level or gently slope abruptly change to a steep.and prolonged slope are obvious points "f ..p"r"tl"n and Jt orti be appliedas logical boundary lines as city ordinances are alrea-cly established such definitions in code' a- Sr4cercotGr$on2sf wetland boundaries are established easily through surveying, something that is already required of every development and should be usei to esta-blish boundary line locations as well' we submit that these two criteria (extensive slopes and wetlands) should b:9" dominant factors used to establish theboundary line locations forthis application of the BCOD' Neither the original rocation of the primary rine (generated by aeialphotos) nor the adjusted line (Fairview clinic project) demonstrate anyLpogriprric or weiland feitures that would distinguish one side from the other. we therefor. rr}6*iialroposed new location (described on the enclosed maps and below) which dernonstrates and obviousiocation for the primary Zone boundary' This location clearly "*rriuit, a natural boundary condition w-here measureable difference exists between what is..inside,, the primary zone and what is..outside,,. This proposed line is located where terrain changes abruptly from a rolling terrain to a steep extended sloPe. Planning Commission JuJy 17,2018 20 40 Comprehensive Plan Page9 of26 Conclusion Regarding Request Number Two 1. The area in question lies directly adjacent to the Interstate 2l}lPowers Blvd interchange which includes excellent access to the intersection. The area also exhibits great view from the east bound traffic on TH 21. This makes the area ideally suited for office or industrial or institutional use. 2. It provides a beautiful setting for users as they are surrounded on three sides by park land.3. We believe the current BCOD boundary line shown on the current city mapping for the area is unscientific and arbitrary and should be revised to comply with some reasonable standard or at least exhibit obviousness as to why it is located where it is.4. The3.2 acre areanow guided residential is adjacent to the 9.5 acres guided office/industrial. The only access to the 3.2 acre area is through the 9.5 acre area and in our view should be guided for office/industrial and/or institutional as well. Moreover, the area is rather noisy due to traffic from TH# 212 making it undesirable for residential use.5. The 3.2 acres identified on the enclosed map represents an ideal location for a multi-story office building and its required parking area. It adjoins the 9.5 acre parcel guided offrce/industrial and offers a unique site line from eastbound TH 212 traffic. 6. Allows the construction of office space similar in size to Fairview but moved further to the north and east. This provides for greater separation of uses between the large lot residential area to the south. This movement also eliminates the requirement for removal of part of the steep hill which would also then require the construction of a long 12ft high tII I I ItII a I I Planning Commission July 17,2018 2040 Comprehensive Plan Page 10 of26 retaining wall (included in the Fairview plan). Lastly it also eliminates the need to build a parking.u-p u, approved with the Fairview site as adequate space for surface parking is made available with the addition of the 3'2 acres' 7 . The 1.8 acres south of the new street would be used for the trail head leading to Fox Woods Preserve, trail head parking, the relocation of the existing storm pond and a planned sewer lift station. The proposed trail head parking can also serve as access to the lift station. g. It appears that cunently the city intends to use this 3.2 acres as additional park land rather than use the land for its best suited purpose. Even without the 3.2 acres in question, approximat ely 52.5o/oof the 360 acres located in the vicinity is already designated as open space and is intended to be used by the public as park or wetland' Addition another 3.2 acresof highly developable and potentially tax generating property to an already expansive natural area will add little noticeable value. g. The plan shown includes a trail connection to Fox Preserve at two points, starting from the trail head at New Street. This route is completely wooded and overlooks the five acre Rimpondtotheeastandisscreenedbythreesfromtheproposedofficeandparkingarea to the west. It also contains a smaller pond between the.Y,, of the trail on the north end. The development of the 3.2 acresas office/industrial will have no negative impact on this trail connection and its amenities. [n fact, such a development can easily include internal connections to the Fox preserve and area trail systern. Including the 3 -2 acres as park does not in any way add to the already great experience that this trail provides' 10. Lastly the majority of the 3.2 acreu."ui, question is currently used for agriculture as is a majority of the 9.i acres already guided office/industrial. This allows easy transition from thecurrentusetooffice,industrialorinstitutionaluse. Planning Commission July 17,2018 2040 Comprehensive Plan Page 11 of26 PRmF AEFRovEq Sl?E pLAr{ C*Axx^tinx. Lt{ re E Planning Commission July 17,2018 2040 Comprehensive Plan Page 12 of26 Staff response to the Bluff Creek Designation Planning Commission July 17,2018 2040 Comprehensive Plan Page 13 of26 As can be seen, this area contributes to BluffCreek. At one time, this area drained overland toBluffCreek. With urban development, the drainage has been confined in certain areas to pipes and culverts. The drainage pattern on top of the blufftakes local drainage and directs it west towards powers Boulevard. It also serves as the EOF for the large water boAy immediately east of the wooded area. Lastly, there is a mitigation area located northerly on the property. Part of the discussion should be about the effects of urbanization on channel characteristics and flow hydraulics. As the area tributary to Bluffcreek is converted from prairie and woodland conditions to urbanized conditions, the following occurs: 1. Base flow is decreased which leads to a failure to support aquatic vertebrates. 2.Tlte flashiness of the flows increase as water is directed to the creek faster than under natural conditions. 3. The duration of the elevated flows is increased. Even with the installation of detention ponds,it still leads to a longer duration of peak flows even if the peak flow is decreased from an urbanized condition without ponds. 4. All of this leads to increased scouring, head cutting, escarpment formation and sediment loading and deposition. 5. This increased sediment load falls out of suspension downstream and leads to an embedded condition meaning there is a diminished fish habitat as the small riffles formed in the cobbled substrate disappear. This also leads to an increase in water temperature and a decrease in transitivity of light and reduced plant and plankton production. It is for this reason that we look at the entire watershed and not just that which is immediately adjacent to BluffCreek. To facilitate the preservation of the natural resources on this property, the city proposed the dedication of a conservation easernent over the primaryonr ,rorth of tn" proposeO access road and east of the office building. Ff...-:-- Planning Commission July 17,2018 2040 Comprehensive Plan Page 14 of26 ,D .3r J-ffim&..rr =F GREEK Ovenlrv DlEilllgr- Exl'llElr Uthstupod ERHARITPROPERTY Cffisr,LN Planning Commission July 1 7,2018 2040 Comprehensive Plan Page 15 of26 Chanhassen 2O3O Land use Plan g$ crr-Elp *rrct @ orcnusrmr 1pmgJ mnrrunatror e5k!thrrDkt gJ ntwnr"rmmn olcrrry t 2..{.r, Olt@a-E!f,a) fl nrurrnrormw 0aacr*t-rcrt i,g! mrnnr I masetrncr I na.rcsanrnn.e Cj rlrrcnarnrxvffimn { eorennrtsrancoracEclr ,'f \'.'. Planning Commission July 17,2018 2040 Comprehensive Plan Page 16 of 26 Staffs response to request: 1. Taking 3.2 acreout of the overlay district is premature as with the recent Avienda request' The applicant withdrew their request and will make a request as of a site plan review 2. Duel guidin gg.9 - 12.7 actesto High Density or office would permits up to 112'203 units' Based on the housing study we have sufficient land guided for high density' I-AND USE TABLE IN $}'EAR STAGES Request from Halla: There are two sites that are being requested for consideration for a land use change Outside Ulton Service Arcr Revised 6-29-1 8 Requested Land Use High Density 8-16 u/a Current Land Use Low Density 1.2-4ula Planning Commission July 17,2018 2040 Comprehensive Plan Page 17 of26 Andencn D€wlopn€m - r€prescndrf, tta Don ltslr Famlh DaniclJ. Andancn 3340 Mongomcrte Avr tlceplrawn, Mll s533t 612{1U.3324 - S0brcl-6Alriec'rr\' F.l' G' r.1 December19,20t6 fit: tlella Propcrty tocated at - 100Q. 6raet Flild EtrrD 0{thnry lolf eld 495 pbneer Trd! Futur€ compnEherrsha phn rmcndmcm hrr bah bcadons.Ihisorrp plsr wlll bedcccrfted r EAsrAtD wE T' The reeson for rlrE dcrcriptkxr ls re bellern the rrc hr b*lr locetlorr drould bc e kkind applicatlon. ln its current stalE the rurr*ry brinF tn hdurEbl loot end ftcl trilreruas the golf eune ftts h lElocatbn uuell, but is un&nrtffi fore long.tcnn deFrery. It hourifiEfltlon to MrBsnthrltvtothcsc ]ocrtidrsrs lt scemsto b:a nrdn lntc*ec.tbnthathar mor€ poGntisl for public ure. ln looftltg throu$ lhe dB of cherfirrsen um urarrted to r*lress tlrr need for e product delluery of rluxury apartment lMng, corntined wfth puHic aqc. we ftel thtt t'h* ll helng proposad docs nm curr:rdy Gxlst ln the greater chanhgcsen area. yutth Hlghway 101 rnd Ploneer Trall belng a uEry busy iniErsectlon, a hlgh end sir4le family use has no m€rlt,moreover, there arE phntyof dlfferent slrEle fanrily reprtsentstioB pr€sefit. Thlr concept will shorv that op€n sprGe is kBortilt io thc communlty and alloyrs the open space tohare a publlc use and opportunity for watlftB $rils, tetrnls courts trcsslble a tenrris club not ihol,vn onconceptsf, barketbatl courts, and batdr6 caaEs" Ag me can sGe we have kept what we feel is the start of a wonderful BomorunltY asEt currently in ilre *iring raqe on the west Fortion of this proposal. Halla Familv LP 45.04 85 - 150 units 360 - 720 units Mark Halla 12.21 Halla Family LP 12.06 Maryanne White 1.69 25.87 31 -103 units 207 - 414 units Planning Commission July 17,2018 2040 Comprehensive Plan Page 18 of26 Planning Commission July 17,2018 2040 Comprehensive Plan Page 19 of26 City of Chanhassen 2030 Land Use Ptan g$ mrnrncnr.gl orrce(ll arrcenru*rrnr. @ rreo gJ nesoerrr,runcrror eSert}ntimUlooilr) 6J nrsoexnn r-owananv oLllh!(yr2-ad&!, frat{6Ely4 -Eurnco, gf nrsoerrnr"nerm;rr G.ldtrJltt.toel gl mraln.nt I mroamrscr I natrcscmnnrc C3 aurrcnerrmrnnrcornoor fr eorerm"ern*rcoraanElr i;(((( .J(( (.\((lil-\ ( (s),' \r t Planning Commission July 17,2018 2040 Comprehensive Plan Page20 of26 { ..,-\\.. --'/ ) qo-t cerc4: KEET /-\ \\*,-- xrilq--EEEffiE' ) t Y _Noril I ;aglu{} =2Il .g urrergarrf I?*ffi.Ygs., bn'ql'9Yt * -'.aL 1frr*,*Et"r+rrlt - lJru5 l[4*tqf LstM, \}lrTt TDus ? fl Planning Commission July 17,2018 2040 Comprehensive Plan Page2l of26 Stafts response to request: Based on the housing study we have sufficient land guided for high density 2015 Changes to the Land Use based on the 6l Corridor Study. CSAII 6l Corridor Chanq€s Based on Amended [:nd Uses 6l Corridor Land Use Existins (ac-)Chanse (ac.)Proposed (ac.)Percent Units Population Buildine Area Emolovees Asricultural 846.83 -22.31 824.52 65.60A 3ffice 1s8.62 -58. I r 00.4i 8.0o/o (645.919 1,615 )ffice-krdustrial 81.92 40.05 41 .81 3.301 @44-867\g4s Parks & Ooen Soace 41.82 10.71 52.53 4.201 Mixed Use 0.00 28.7',\28.'11 2.301 t7t 342 79.893 592 Residential Irqelnr 39.00 -23.3141 15.69 1.20/,-9 -26 Residential Low DensiW 20_38 0.001 20.38 l.6o/t 0 Residential Medium Densitv 0.00 89.75 89.75 7.lo/,458 -144 Residential Hish Densitv 67.30 14.95 82.25 6.501 127 254 Commercial 0.00 0 0 Public/Semi-Puhlic 0.0c 0 0 Total 1 ,255.86 0.3569 1,256.22 l00o/a 74',1 1.715 1,010,893)r.468) r ( ( Planning Commission July 17,2018 2040 Comprehensive Plan PageL2 of26 3. City Initiated amendment: city owned property (1.91 acres) guided Residential Low Density change to Parks & open Space. The site is heavily woodeiand has a 36 foot elevation drop from north to south' The city intends to keep this property as permanent open space. PID 250020500 In response to jurisdictional comments, city owned property as part of the Foxwoods Preserve' land in the Minnesotu vu1l"v wildlife it"t g" and Iloguet witotir" Area have been re-guided from Agricultural to Parks and Open Space use' HOUSING (ChaPter 3) The Housing chapter of the comprehensive Plan analyzes the existing and projected housing needs of the city. The city has adopted the Metropolitan council's Systems statement' which includes population, households and employment projects' The housing chapter addresses the city's goals for housing in the community' The following issues are discussed: o Inventory of existing housing including types and price' o Analysis of future housing demand' o Status of the city's progress toward the Livable communities Act' o Address city's "ffortr to meet the 806 affordable housing unit goal' o Discussion of the city's demographics' o In discussion with the Metropolitan Council, the city has negotiated higher ernployment numbers for the future. NATURAL RESOURCES (ChaPter 4) The natural resources section identifies the important environmental amenities and attributes in the city and their corresponding issues. The main goals encompass identifying and preserving natural resources, urrJiri"."u.iig overall tree coveiand maintaining the urban forest' Proper management of public natural resources is the overarching issue and critical to the success of Chanf,assen retiining it's nafural resources identity' Planning Commission July I 7,2078 20 40 Comprehensive Plan Page23 of26 This chapter of the plan addresses natural communities including forestry and water resources. The following issues are addressed: o Creation of a management plan for lands that have been acquired by the city.o Create an inventory of the nafural resources.o The commitment of the city to preserve the city's nafural resources; woodlands, wetlands, lakes, rivers and streams.o Consider adoption of GreenStep Cities initiative. PARI( & TRAILS (Chapter 5) At the Septernber ll,2017 City Council meeting, the Parks and Recreation Systern plan was presented. The Park and Recreation chapter deals with the following issues: o Current park system.o Additional parks that will need to be acquired in still developing areas.o Additional communityball field space that will need to be acquired to meet demands of future growth. o Our pedestrian trail and sidewalk system is widely recognized as one of the most comprehensive in the State.o In addition to local parks, residents are afforded convenient access to county, state and federal outdoor recreation destinations The Park and Recreation chapter of the 2040 Comprehensive Plan provides an overview and an analysis of the city's existing systern. It identifies objectives and policies that will guide park and recreation decision making through the year 2040 aswell as identiffing key initiatives that will be completed to enhance the current park and trail systems. In our community, we have numerous non-city recreational facilities that play an integral role infulfilling residents' recreational needs. Jvlinnewashta Regional Park, the Minnesota Landscape Arboretum, the Minnesota Valley Wildlife Refuge, Raguet Wildlife Management Area, golf courses and Camp Tanadoona are all important recreation destinations. Two regional trails owned by the Hennepin County Regional Railroad Authority and managed priniarity by Three Rivers Park District can be found in both the southern and northern tiers of ihe city. Irraddition, regional trails are located along State Highway l0l and State Highway 5. TRANSPORTATION (Chapter 6) The transportation chapter is based on the city's 2040 LandUse. Updates to these plans recognize changes in land use, development patterns and other planning proCesses including: the Minnisota Department of Transportation's "Transportation Systern Plan 2008 - 2030,, (TSpi, Carver County's Transportation Plan 2017lJpdate, and the Metropolitan Council,s Transportation Systern Framework. Planning Commission July 17,2018 2040 Comprehensive Plan Page24 of26 o The plan shows how the city will achieve its goal of creating an integrated multi-modal transportation system which permits safe, efficient and effective movement of people and goods while supporting the city's development plans, and complementing the county, metropolitan, and state transportation systems that are within its boundaries' o Addresses existing and projected sysiem deficiencies in the city's roadway network' o Establishes a functional roadway classification system for the roads within the communitY. o Discusses existing and future improvements and funding mechanisms for the construction of transportation improvements' o Includes a table allocating forecasted population, household, and employment growth by T AZ for 2020,2030 and 2040' o Includes a map of existing and forecasted 2040 traffic volumes' o Identifies existing transit routes and services' o Incorporate transportation goals, objectives, and strategies outlined in the 2040 TransPortation PolicY Plan' SANITARY SEWER (ChaPter 7) The sanitary sewer plan presents the existing sanitary infrastructure and the general location and size of future sanitary ,r*", infrastructur. rird.t fuliy-developed conditions' The Sanitary Sewer comprehensive plan covers the future extensions of municipal service to future development ur"ur. The plan deals with the following issues: o organized and cost-effective plan to extend sewer service to development areas of the communitY. o Plan is based on anticipated land use, population growth and anticipated growth corridors. o Maintenance and upkeep of the existing sanitary sewer infrastructure' o Reduction efforts for Inflow and Infiltration' o Capital ImProvements Plan' The city has determined that all of chanhassen will be included in our 2020 MUSA area' A list of strategic infrastructure improvem"nts a"d sequencing has been deveroped necessary to install the infrastructure. There is a significant city investment required to extend urban services and there is a need to expand the seiice area that may connect to the system in a timely manner' Additionally, there are failing septic systems thaishould be replaced with a centralized sewer system. A lift station on the Pow"., Boulevard south of Highway 212 andforcemain from this lift station along the Highwa y zlz corridor are identified as the key infrastructure improvanent for all the land south of Highway 212' Planning Commission luly 17,2018 2040 Comprehensive Plan Page25 of26 'WATER (Chapter 8) The Comprehensive Water Plan identifies the existing trunk and lateral watermain and wellswithin the city. The general alignment and size of future trunk watermain and the general location of future well sites and future water towers is also shown. The Water Comprehensive plan covers the existing and future extensions of municipal service to fufure development areas. The plan deals with the following issues: o Organized and cost-effective plan to extend water service to development areas of the community.o Plan is based on anticipated land use, population growth, anticipated growth corridors, and estimated future water dernand projections for 2020,2030,2040.o Future needs for wells, storage and treatment facilities.o Maintenance and upkeep of the existing water infrastrucfure.. Capital lmprovements Plan.o Identifies issues and actions to address water conservation and reuse, protection ofsource and sub-regional collaboration as part of the local comprehensive plan. SURFACE WATER (Chapter 9) The Local Water Management Plan (LWMP) was prepared in conforrnance with Minnesota Statutes 1038.235 and Minnesota Rules 8410. This plan is intended to provide the City of Chanhassen with information and direction in the administration and implernentation of water resource management activities within the city during the period 2018-2027. It serves as a guide to projects, provides for effective allocation of resources, and sets forth a funding plan for projects and programs over the next 5 to l0 years. The City of Chanhassen recognizes the importance of water resource management. In August of 2006 the city adopted the Second Generation Surface Water Management p-lan. The LWMp is currently in the process of being amended and updated and is anticipated to be sent out for review to appropriate jurisdiction by January 2018. The LWMP -ust follo* a separate and mandatory review process pursuant to Minnesota Statutes 103P..235 and Minnesota Rules g410. The city's LWMP has been reviewed by all the watershed districts. Their comments were received by May 3d. The final plan is based on their comments. The city will adopt the local 2018 - 2027 surtace water management plan (LWMP) and will incorporate the six water resource goals as specified in the LWMP. Goal 1. Promoteabstraction through infiltration, reuse and other methods where practicable to do so to provide flood protection, ground water recharge and improved water quality. Goal2, Achieve water quality standards in lakes, streams, and wetlands consistent with their designated uses and established classifications. Planning Commission July 17,2018 2040 Comprehensive Plan Page26 of26 Goal3. protect and rehabilitate wetlands to maintain or improve their function and value' Goal4. prevent contamination of the aquifers and promote groundwater recharge to maintain base flows in streams and wetlands' Goal 5. Maintain primary responsibility for managing water resources at the local level and continue coordination and cooperation with other agencies and organizations' Goal6. Provide information and educational resources to improve knowledge and promote an active public role in management of water resources' CAPITALIMPROVEMENTS/IMPLEMENTATIoN(Chapterl0) The capital lmprovement Program (cIP) Implementation chapter provides a systematic assessment of the ti*irg *a iugritoa" of i-p.or"m"rrts that will be required to implernent the comprehensive plan. Staffhas prepared a2ol-s - 2027 CIP. However, detailed descriptions of the potential projects are not appropriate within the comprehensive Plan since they are dealt with in the city's five-Year CIP. The individual chapters describe the proposed imprwements. The city annually prepares a five- year CIP, which gJo i"a great detaii about a specific project' That document has greatet accuracyandmoredetailthenisappropriateinacomprehensiveplan. The chapter also rists required amendments, code revisions and initiatives that the city will need to undertake to implement the Plan' RECOMMENDATION Staff requests that the Planning Commission review the comprehensive plan and recommend upf.orui of the City of Chanhass"t' 2040 Comprehensive Plan' \\cfs5kfs5\shared-data\plan9M0 comp plan\final documents\pc memo 7-17-18'doc CITY COUNCIL STAFF REPORT Monday, August 13,2018 SI]MMARY Statrwill summrize the frral drmges made to tte Plan and answer any qtrestions thd courcil members have. No action is required at this time. This item will be brought back to City Courcil for approvat ofthe 2040 Comprehensive Plan and submittal totreM€topolih Council. The local surface water management plan is tentatively scheduled for review and approval by the Mfurnehaha Creek Watershed Disnict on ThuMay , August23,20l8. The city may not adopt the Plan until dre watershed disgict approves it. llard copies ofthe 2M0 Comprehensive Plm ae being provided to eactr council member. BACKGROT]ND The Planning Commission held a prblic hearing on Juty l7,2ol8 and vobd 6 - 0 to recommend approval ofthe City ofChanhassen 2040 Comprehensive Plan and to submit to dre Mefopolitan C-ouncil for their review. This was the second public hearing held by the Phning C-ommissiur on the Compdrensive Plan. The first public hearing was on October 17 ,2017 . The Planning C-ommission minutes for Juty l7,2}l8 are in fre consent agenda for the August 13,2018 City Council packet. DISCUSSION The Comprehensive Plan provides a guide fu tre city's vision oftre communiry as it grows in ttrc coming yean. It establishes goals and policies to provide residen8, businesses, property owners, developers, and visitors a sense of $e commtmity's values and aspirations. There have been numerous opporflrnities fm individuals to provide input on tre Plan including presenttions at the Planning Commission, two public hearings, two open houses, two inform*ion stands d ciry evenb (2017 4th ofJuty and 2018 February Festival), newslerser articles, and links on the city's web site. Here is a link to the 2040 Comprehensive Plan: www.ci.chanhassen.mn.us2M0compplan. Subject 2040 Comprehensive Plan Section 5:30 P.M. WORK SESSION - FOUNTAIN CONFERENCE ROOM Item No: A.l. Prepared By Kde Aarenson, Community Developnurt Director, AICP File No: City of Chanhassen204} Comprehensive Plal nlara RECOMMENDATION Staffrequests that the city council review the 2040 comprehensive Plan and provide statrwith any comments or direction Prior to adoPtion. ATTACHMENTS: o Planning Commission SaffReport Dated July 17 '2018 el24/2018 Comprehensive Plan Contents .l Comprehensive Plan O* cI?Y COUNCIL AUGUST 13, 2018 CTTY OF CHAITHASSEN 2O4O COMPREHEIYSIVE PI,AN Chapters: * r. Introduction . z. Land Use . 3. Housing ' 4. Natural Resources . 5. Parks and Trails u 6. Transportation - 7. Sewer * 8. Water . 9. Surface Water . to. Capital Improvements and KtYt7 :( r€ 9l24l2OL8 Introduction o The introduction provides a general overview and framework for the city of chanhassen comprehensive Plan. This chapter addresses the city's vision as it -orr.t forward. A11 the goals and policies for the 2040 Comprehensive Plan have been stated in this chapter' 2020-2040 Land Use ComParison 186 211 73 490 7 80 1,426 298 130 9? (4O4" 2,589 1,787 12. 4,72'.1 32 2.1 6.( ?.i 9.( 8.1 6.i t1. 1. 324 883 339 1,410 1,7U 971 4,707 400 218 115 142 eql 114 1,N7 1,m4 870 3,29s 219 120 51 0.1 10.r 9.1 7. 27. 1. 1. Residentid [4edium Density Floodplain, RllB's, Stresmg o ?020 Land Ure Plan a^d Dd.-n zwe Land U36 Plan a^6. Pddn 2(x{' Land Ule Plan affi lPmn 2,05S 1,244 88i a{E 2.059 1,241 49: a74 2 e/24120L8 Land--n -v/.t Use Map q.,C-fr 3= !L--.:-a:: a:: l== iltQ IFl=- .ESF rIIll!- 3 el24l2OL8 Illustrative Housing Demand Breakdown Note: This breakdown is from a 2)L4study conducted by Maxfield Rese.arch Inc. Th;;t-,t;1,;rri.,g au-unJ has.subseque;.1l.b:"" Tllced to 5'ooo units; ;;;;;;lt. profrrtional breakdown is still informative' Natural Resources , Creation of a management plan for lands that have been acquired bY the citY' Create an inventory of the natural resources' The commitment of the city to preserve thq city'q ,rato.ut r.ao.rra..; woodlands, wetlands, lakes' rivers and streams. consider adoption of Greenstep cities initiative. 4 el24/2018 Transportation: Functional Classification 5 sl24l2oL8 II ttunsportation: System Deficiencies Eriii.a 9}lrDd.fr.i. a l.*rba. Na* i\,r#e* t\rffi Traffic AnalYsis Zones ,0I'8TrIdcr-5 c 5 el24/2018 Sewer 7 el24l2oL8 Sufsurface Sewage Treatment Systems 9/24/20L8 Capital Improvement and Implementation o , The Capital Improvement Program (CIP) Implementation Chapter provides a systematic assessment of the timing and magnitude of improvements that will be required to implement the comprehensive plan. The chapter also lists required amendments, code revisions and initiatives that the city will need to undertake to implement the Plan. 9 CHANHASSEN CITY COUNCIL WORK SESSION SEPTEMBER 24, 2018 Mayor Laufenburger called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Kate Aanenson, Bob Generous, Paul Oehme, Todd Hoffman, Greg Sticha, Chief Don Johnson, and Roger Knutson PUBLIC PRESENT: Mark Halla 6055 Highway 212, Chaska Boy Ayotte 6213 Cascade Pass Tim Erhart 9611 Meadowlark Lane M. Halla 670 Creekwood Drive Don Halla 720 Creekwood and 495 Pioneer Trail FOLLOW UP DISCUSSION OF FRANCHISE FEE PROCESS. Greg Sticha introduced Jim Strommen who walked the council through the process of setting up franchise fees, how utility companies will determine the amount of the franchise fee needed to raise the income the City is looking for, public hearing requirements and how that will play into this process. Mayor Laufenburger asked for clarification on how staff will proceed in meeting with utility companies. Jim Strommen explained how other communities have proceeded with implementing franchise fees. Councilwoman Ryan asked Mr. Strommen to clarify what he means by using the term “fixed fees” from the utility companies. Mayor Laufenburger asked for clarification on what Mr. Strommen means by saying 50 percent residential, 50 percent commercial can be considered fair. Greg Sticha explained how staff worked with Ehlers and Associates to establish a fixed based franchise fee with the utility companies using different residential/commercial splits of 50/50, 60/40 and 70/30. Councilman McDonald asked how other communities use franchise fees and what utility companies are looking for with the pavement management program and not the percentage of split between residential and commercial. Jim Strommen re-emphasized that the negotiation process is at the beginning with the utility companies. Mayor Laufenburger asked for clarification on how to set up what the council requests of utility companies to meet the do llar amount needed by the City and how many scenarios the City can request. Jim Strommen explained that it depends on timing when the city wants to begin the franchise fee. Councilwoman Ryan explained that she would like to see elimination of the levy amount and the use of just franchise fees. Councilwoman Tjornhom stated that she would favor pushing this item back to make sure the process is done right rather than fast. Councilman Campion agreed that it feels like the council is b eing rushed to make a City Council Work Session – September 24, 2018 2 decision. Mayor Laufenburger proposed that utility companies come back with 3 scenarios. One, $2,284,000 as the full pavement management program split 50/50. Two , leave $384,000 levy in place and $1,900,000 from 50/50 residential/commercial split. And three, 60 percent from residential and 40 percent commercial to fund the $1,900,000. Jim Strommen suggested a fourth scenario asking the utilities how they would fund $1,900,000 and $2,284,000. Mayor Laufenburger reviewed the process moving forward and asked what the next step will be. Mr. Strommen suggested that the council pick one scenario to move forward to a public hearing. Mayor Laufenburger reiterated the five steps that the council will follow in moving forward. DISCUSSION OF 2040 COMPREHENSIVE PLAN. Kate Aanenson and Bob Generous presented an overview of where staff is in the Comprehensive Plan process and text revisions that have been made per public comments. Bob Generous reviewed the proposed text revisions each individually. Councilwoman Ryan expressed concern that the wording was confusing rega rding infill development and would work with staff to clean up the wording. Kate Aanenson explained that all the watershed districts have given their approval to the plan before reviewing the 2020-2040 land use comparison chart, especially no ting the high density numbers that have increased and anticipated development sequencing chart. Paul Oehme reviewed the future sewer development scenarios to provide service on Highway 101 explaining the best scenario is extending service through Bluff Creek Golf Cour se to connect to Highway 101. Kate Aanenson continued with land use change impacts associated with development of the Bluff Creek Golf Course and property owned by the Halla family. Roger Knutson suggested how to proceed with receiving information from the Halla family regarding their development proposals. Mark Halla explained that his family supports the realignment of 101 which will likely put his business , The Mustard Seed, will go out of business. Therefore they are requesting a higher density zoning change in the 2040 Comprehensive Plan. Mayor Laufenburger discussed drawings being shown for Halla Greens and Mustard Seed property and if they have looked at low density residential use for the property. Councilman Campion asked for clarification on the Halla requests regarding sewer and water in relation to development. Kate Aanenson clarified that currently the property is guided low density and their request is to guide the property for high density. Mayor Laufenburger asked when council will adopt the 2040 Comprehensive Plan. Kate Aanenson stated it is tentatively scheduled for October 10th. Tim Erhart asked for clarification on his request for the 3.2 acre change and Planning Commission action voting to deny his request. Councilwoman Ryan asked if further discussion is warranted for the requests by the Halla family and Tim Erhart. Mayor Laufenburger adjourned the work session at 7:05 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL WORK SESSION AUGUST 13, 2018 Mayor Laufenburger called the work session to order at 5:28 p.m. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Bob Generous, Paul Oehme, Todd Hoffman, Jill Sinclair, and Greg Sticha PUBLIC PRESENT: Tim Erhart Chanhassen Mike McGonagill 2451 Hunter Drive Brian & Donna Strauss 6840 Lucy Ridge Lane Bob & Cheryl Ayotte 6213 Cascade Pass Greg Andrews 6895 Ruby Lane 2040 COMPREHENSIVE PLAN UPDATE. Kate Aanenson reviewed meetings held with the Planning Commission to discuss the 2040 Comprehensive Plan. Bob Generous reviewed highlights of changes made in the 10 chapters. Councilman Campion asked for clarification on the addition of 40 acres in the community. Mayor Laufenburger asked about the sewer, water and surface water management plans. Councilwoman Ryan suggested wording change s regarding infill development specifically in the downtown core area, and expressed concerns with wording for policies regarding density. Mayor Laufenburger discussed wording under transportation, Highway 101 trail, and operations regarding a tobacco use policy. Tim Erhart discussed issues related to a request for land use changes to protect and create a greenway along the Bluff Creek corridor as it relates to his vision for development of a high end office project on his property. Councilwoman Ryan asked for clarification on how the boundary line for the Bluff Creek corridor was determined. Tim Erhart continued with discussion of development potential for his property and his request to get clarity of the Bluff Creek overlay district to add land to the Fox Woods Preserve. Councilwoman Ryan asked for clarification on the progression of shifting the Bluff Creek overlay district boundary line. Mayor Laufenburger recommended that council members get an opportunity to walk Tim Erhart’s property. City Council Work Session – August 13, 2018 2 REVIEW OF SECOND QUARTER REVENUE ACTIVITY TO DATE AND INVESTMENTS. Greg Sticha explained that revenue numbers for the second quarter are greater than budgeted numbers before introducing Reed Christenson, the investment consultant with Wells Fargo who reviewed results of the investment portfolio. Mayor Laufenburger asked for clarification on how the investment portfolio compares to debt. Councilman Campion asked if the numbers being presented can be compared to key financial strategy cities. PRELIMINARY BUDGET AND LEVY DISCUSSION. Greg Sticha discussed assumptions used in setting up the preliminary budget as related to new growth, wage adjustments, health care, elimination of the crime prevention specialist position, and police contract numbers which result s in a levy that is $76,000 above the new growth number. He explained that reduction of the $76,000 is represented in scenario 2. Mayor Laufenburger discussed the three scenarios and asked how the budget and levy schedule will proceed. Councilman Campion stated there seemed to be barely no difference between the 3 scenarios being presented and asked staff to look at presenting more differences in the 3 scenario s. Todd Gerhardt explained how service cuts have been addressed in the past. Mayor Laufenburger asked that Jill Sinclair come back at a future work session to discuss yard waste collection options. Mayor Laufenburger adjourned the work session meeting at 6:57 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 2040 City of Chanhassen Comprehensive Plan Schedule January – March 17, 2017 Draft Plan Elements February 23, 2017 Water Management Plan Open House (Chanhassen Recreation Center) March 7, 2017 Water Management Plan Open House (Chanhassen Library) April 4, 2017 Planning Commission Work session – Overview of Comprehensive Plan April 10, 2017 City Council Work session – Overview of Comprehensive Plan April 18, 12017 Planning Commission – Discuss Infrastructure elements: Sewer, Transportation, and Water July 2017 “The Connection” – Comprehensive Plan Articles July18, 2017 Planning Commission – Housing, Land Use, Sewer, Water and Parks & Open Space August 1, 2017 National Night Out – Comprehensive Plan displays August 1, 2017 Planning Commission – Discuss Natural Resources August 15, 2017 Planning Commission –Water Resources Open Houses September 13, 2017 6:00 to 8:00 pm in the Wilder Room - Chanhassen Library (7711 Kerber Boulevard) September 14, 2017 6:00 to 8:00 pm in the Minnewashta Room - Chanhassen Recreation Center (2310 Coulter Boulevard) October 3, 2017 Planning Commission review Surface Water, Goals & Policies, Implementation and CIP October 9, 2017 City Council – Authorization for Jurisdictional Review (6 month) Submit document to Metropolitan Council for preliminary review October 17, 2017 Planning Commission –Public Hearing Comprehensive Plan February 2, 2018 Interim status Metropolitan Council preliminary review comments February 20, 2018 Metropolitan Council preliminary review comments addressed March 2018 Revise 2040 Comprehensive Plan, address jurisdictional comments March 19, 2018 Local Water Management Plan end 45-day comment period April 3, 2018 Planning Commission discuss jurisdictional comments and Plan revisions April 3, 2018 Local Water Management Plan End 60-day comment period (unless extension granted) April 20, 2018 Six-month jurisdictional review ends July 3, 2018 Final Watersheds Re4view and approval of LWMP July 17, 2018 Planning Commission – Public Hearing on Revisions & Adoption Recommendation July 23, 2017 City Council – work session on jurisdictional comments and revisions to the Comprehensive Plan August 13, 2018 City Council – Review of Comprehensive Plan September 24, 2018 City Council - Review of revisions based on City Council comments on the Comprehensive November 26, 2018 City Council – Review Final Revisions to the 2040 Comprehensive Plan December 10, 2018 City Council – Approve 2040 Comprehensive Plan for submittal to the Metropolitan Council for review pursuant to Minnesota Statutes section 473.864 Winter 2019 City Council – Approve 2040 Comprehensive Plan \\Cfs5\cfs5\Shared_Data\PLAN\2040 comp Plan\2040 Comprehensive Plan Schedule complete.docx CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Consider Franchise Agreement Ordinances and Franchise Fee Ordinances Section PUBLIC HEARINGS Item No: I.1. Prepared By Greg Sticha, Finance Director File No: ADM­324 PROPOSED MOTION "The City Council adopts the attached Franchise Agreement Ordinances and Franchise Fee Ordinances." Approval requires a Simple Majority Vote of members present. BACKGROUND Over the past several months the city council has taken input on adopting a franchise fee on gas and electric utilities for the purpose of funding the city's pavement management program.  The city and both electric utility companies (Xcel Energy and Minnesota Valley Electric Company) have agreed upon a franchise agreement (a franchise agreement is currently in place with the city's gas utility, CenterPoint Energy).  Proposed franchise fee ordinances have also been drafted for each utility. Staff is asking the city council to first hold a public hearing on the proposed franchise agreements and the proposed franchise fee ordinances.  During the public hearing, staff will review the need and the purpose for the franchise fee and show the impact to each billing classification of the franchise fee.  Staff is requesting that after receiving public input, the city council consider adoption of the proposed agreements and ordinances. RECOMMENDATION Staff recommends the city council hold a public hearing on the adoption and approval of franchise agreement ordinances and franchise fee ordinances, and then consider adoption of the attached Franchise Agreement Ordinances and Franchise Fee Ordinances. CITY COUNCIL STAFF REPORTMonday, November 26, 2018SubjectConsider Franchise Agreement Ordinances and Franchise Fee OrdinancesSectionPUBLIC HEARINGS Item No: I.1.Prepared By Greg Sticha, Finance Director File No: ADM­324PROPOSED MOTION"The City Council adopts the attached Franchise Agreement Ordinances and Franchise Fee Ordinances."Approval requires a Simple Majority Vote of members present.BACKGROUNDOver the past several months the city council has taken input on adopting a franchise fee on gas and electric utilities forthe purpose of funding the city's pavement management program.  The city and both electric utility companies (XcelEnergy and Minnesota Valley Electric Company) have agreed upon a franchise agreement (a franchise agreement iscurrently in place with the city's gas utility, CenterPoint Energy).  Proposed franchise fee ordinances have also beendrafted for each utility.Staff is asking the city council to first hold a public hearing on the proposed franchise agreements and the proposedfranchise fee ordinances.  During the public hearing, staff will review the need and the purpose for the franchise fee andshow the impact to each billing classification of the franchise fee.  Staff is requesting that after receiving public input,the city council consider adoption of the proposed agreements and ordinances.RECOMMENDATIONStaff recommends the city council hold a public hearing on the adoption and approval of franchise agreement ordinances and franchise fee ordinances, and then consider adoption of the attached Franchise Agreement Ordinances and Franchise Fee Ordinances. ATTACHMENTS: Revolving Assessment Construction Fund Franchise Fee Adoption PPT CenterPoint Energy Fee Ordinance Minnesota Valley Electric Fee Ordinance Minnesota Valley Electric Franchise Ordinance Xcel Energy Fee Ordinance Xcel Energy Franchise Ordinance o m D m N 5 o v m m Q 0 N o H3 v» ^C=92 3n nWi g3mmocntlimo O T C 0O to T m m m v o N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NNNNN N O M O 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O W W W W W W W W W W N N N N N N N N N N++ 0 0 0 0 0 O N O O C O owl— W N+ O N W V W w A W N+ O N W V W w A W N' O t0 W J W w 0 O w N W W EA N IV N N Vi'EA EA' O W W W O J N AJ A AN WW W AWW O_ A V w V W O J N W W A O w W V oo,N O.. W O w N A 0 (D W OGW (O WW 0O WGWO O (p A N V f 0-4 O W+ W W O V A JtT JOD tO V W WcOJ w 02. 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O Urn Ut U Urn Ut Vt N O Nli 0 0 rn000 m rn rn m m m m N J N O O V N O So NNNNNNNN N N' T W.-. rnA p 0 0 0 0 0 0 0 0 N A O O N 0 0 0 m J AAN W OO IJ OmNOOm OOOOOO mrn rnmm rnmm A rn rn 0 O s N O o o N N N N N N N N W W T W N rn n NO 0 0 0 0 0 0 0 0 N J W OAO rn rn NOrn rn A 0OOO N mm mrn(0 A Ot0O N O JjOA O O O OOO m m mm. rnmm wo wo oa N o00 o J o J V V V VOOOOOO rn U OOO rn m WON rn A 0 W O O O W cp 0 00 N O+ 000 T NU UU (TU N m mmmmm mm N+ v(O W OVO rn oOv N OOOgo J J J No U O a 0VVVVV 0 0 0 0 0 0 0 0 WN A N OOO rn m 2O 28 W O O O A pi U rn Ut rn N U N a V OOO IV o( OU .2 O O O O O O m Om m m Om Om Om Om a A O O O O O O 1 2 Agenda •Explain the purpose and the need for additional funding for Pavement Management •Discuss what a Franchise Fee is •Review the proposed franchise fee by rate class •Consider adoption of Franchise Fee Agreement & Ordinance Proposed Franchise Fee Pavement Management Program (PMP) “Our Goal is to implement changes in the funding of the Pavement Management Program (PMP) by maintaining a sustainable and consistent funding source for PMP Street and Trail projects.” 3 City Streets •112 Miles of Streets to Maintain •Total Estimated Replacement Value ➢Largest Capital Asset $183,000,000 4 Pedestrian Trail Miles •60 Miles of Asphalt Trails −37 miles within Street Right-of-way −23 miles in Parks and open spaces −$9,100,000 Replacement Value 5 The Right Action at the Right Time…… ✓Prolongs pavement life ✓Keeps City’s infrastructure in good condition ✓Maintain or increases property values ✓Have a cost effective program 6 Pavement Management Program •PMP Started in 1991 •Every Street and Trail is surveyed once every 3 years o Document distresses –Potholes, Cracks, rutting etc. •Data is entered into program to generate a Pavement Condition Index (PCI) o Rating 100 = new street, 0 =gravel street •For Past 10 Years, City’s average PCI has been around 70 o Generally considered in overall good condition 7 Street Maintenance Needs •Most streets where constructed in the 1980’s and 1990’s (≈60%) •These streets are now coming due for maintenance •PMP estimates PCI will be 44 in 20 years with current funding levels 0% 5% 10% 15% 20% 25% 30% 35% 40% Pre 1970's 1970s 1980s 1990s 2000s 2010s Percent of Streets Constructed in Decade 8 27 miles 38 miles 9 Using Only Current Levy 10 40 45 50 55 60 65 70 75 2018 2020 2022 2024 2026 2028 2030 2032 2034 Scenario $1.1 million per year after 2019 Improved PCI Target PCI Proposed -Adding $1.76M in Funding, Including Current Levy 11 40 45 50 55 60 65 70 75 2018 2020 2022 2024 2026 2028 2030 2032 2034 Scenario $1.76 million Improved PCI Target PCI 12 Proposed 10 Year Local Street Plan 13 Proposed 5 year Collect Road Improvement Plan Funding Need •The City has been spending about $2.0M annually on road projects ▪Average 2.6 miles of streets improved annually •To maintain a PCI of 70, funding will need to be increased •PMP estimates funding levels should increase to $3.3M to maintain the current pavement condition ▪Average yearly street project length would increase to 4.1 miles 14 How have we paid for improvements to date? A: Revolving Assessment Construction Fund •Started in 2006 with $6.7M in transfers from funds with surpluses (mostly from decertified TIF districts) •Has been used to pay for all local street improvements that are assessed to benefiting property owners (40%) •Total expenses per year on average have been about $2.0M •The city assessment practice is to assess 40% to benefitting property owners, which would account for roughly $800,000 of the $2.0M per year, leaving 1.2M in city costs to all property owners per year 15 16 •Interest earned on repaid assessment •Occasional surplus transfers from the city’s general fund and other surpluses from other funds have been used •Interest earned on the fund balance reserves maintained in the fund since inception •In 2015, an opportunity was available to use a decreased debt levy to help fund PMP. That reduced levy was about $400,000 and has been in place since (currently $384,000). How has the City paid for the remaining $1.2M of its share of the costs? The Real Need…… $3.3M not $2.0M 17 •The amount of streets needing significant improvements that were built in the 80’s & 90’s (see slide 7) is and will continue to increase •If the city goal is to maintain the current PCI at or near 70, $3.3M per year needs to be spent on annual improvements not the current amount of $2.0M, based on our PCI system projections •Increasing the spending to $3.3M without increasing the funding will cause the revolving assessment construction fund to be in a deficit by 2020 What is a Franchise Fee? •Cities have statutory authority to have franchise agreements with each utility company (gas and electric) for maintaining city-owned right-of-way •Within those agreements cities may charge the utility companies a fee for use of city right-of-way •Currently, the City of Chanhassen does not impose a Franchise Fee associated with those agreements 18 Who has a Franchise Fee in Minnesota and 7 County Metro Area? 19 Location Franchise Fee Use Brooklyn Center Capital Projects Fund-Street reconstruction fund Champlin Capital Projects Fund-Infrastructure Replacement Bloomington Capital Projects Fund -Pavement Management& Bike Trails Eden Prairie Capital Projects Fund -Pavement Management Elk River Capital Projects Fund -Pavement Management Edina Capital Projects Fund-Sidewalks and Bike Trails Golden Valley Capital Projects Fund -street reconstruction fund for street Minneapolis General Fund -G,E,& C for general use except PEG fees Minnetonka Capital Projects Fund -Burial of electric lines and street lighting New Hope General Fund-Has had for 15 years Plymouth Capital Projects Fund -Street reconstruction fund Richfield Capital Projects Fund -Overlay, sealcoating and removal of diseased trees. Rogers Capital Projects Fund -City’s Pavement Management Program St. Louis Park Capital Projects Fund -City’s Pavement Management Program Victoria Capital Projects Fund –Undergrounding Power Lines Why a Franchise Fee vs. a Property Tax Levy? 20 Property Tax Levy Residential Commericial/Others Franchise Fee Residential Commericial/Others •A Franchise Fee offers more flexibility than a property tax which charges 83 cents of every dollar to residential properties. A Franchise Fee could be set to meet a funding goal. •Under the proposed franchise fee rate schedule, the franchise fee itself would be collected on a 63/37 basis, rather than 83/17 which is what a property tax levy would achieve. Why a Franchise Fee? •Collects from all users of streets; Tax-exempt properties who currently do not pay for PMP would now be contributing to PMP •If city levied for all of PMP, the average home ($360,000) would see an increase in their city portion of their property tax bill of between $170-$180. A Franchise Fee based on the proposed rate structure would amount to $120/year on a residential property and $588/year on a Medium sized Commercial Meter (Current Bill of $3,000/month). 21 0 50 100 150 200 250 Levy Only Franchise Fee Only What would a residential property pay? Levy Only Franchise Fee Only Proposed Franchise Fee Rate Schedule Fee Classification Monthly Fixed Charge*Impact on Average Bill Annual Fee Rev Residential $5.00 5.2% $1,110,120 Small Electric Commercial $14.00 5.2%$137,088 Medium Electric Commercial $40.00 4.8%$132,480 Large Electric Commercial $290.00 1.9%$278,400 Gas Commercial A $5.00 8.3%$17,100 Gas Commercial B $9.00 4.9%$20,952 Gas Commercial C $20.00 2.6%$50,400 Gas Small Volume, Dual Fuel $90.00 2.3%$11,880 $1,758,420 22 Schedule •Neighborhood Meetings: ✓February 8, 2018, 6-7:30 PM, Chanhassen Library ✓April 10, 2018, 6-7:30 PM, Chanhassen Library ✓July 24, 2018, 6-7:30 PM, Chanhassen Library ✓August 20, 2018, 7:00 PM with City Council, Council Chambers ▪November 26th, 2018 7:00 PM, Public Hearing on Proposed Franchise Fee and City Council Approval on Franchise Agreement and Franchise Fee Ordinance 23 Proposed Motion •The City Council holds a public hearing and considers adoption of the attached Franchise Agreements and Franchise Fee Ordinances. 24 ORDINANCE NO. AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF CHANHASSEN THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. The City of Chanhassen Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Chanhassen City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of Chanhassen. (a) Pursuant to City Ordinance ______, a Franchise Agreement between the City of Chanhassen and CenterPoint Energy Minnesota Gas, its successors and assigns, the City has the right to impose a franchise fee on CenterPoint Energy Minnesota Gas, its successors and assigns, in an amount and fee design as allowed in Section 7.1 of the CenterPoint Energy Minnesota Gas Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (a) City. The City of Chanhassen, County of Carver and Hennepin, State of Minnesota. (b) Company. CenterPoint Energy Minnesota Gas, its successors and assigns. (c) Franchise. The franchise agreement between the City and Company pursuant to City Ordinance No. 336. Subd. 3. Notice. Means a writing served by either party hereto to the other party. Notice to Company shall be mailed to CenterPoint Energy, Vice President Regional Operations, 505 Nicollet Mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Administrator, City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317. Subd. 4. Account Fee. This fee is an account-based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. Subd. 5. Franchise Fee Statement and Payment. A franchise fee is hereby imposed on CenterPoint Energy (“Company”), under its gas franchise in accordance with the Schedule A attached hereto and made a part of this Ordinance, commencing with the Company’s March 2019 billing month. Franchise fees are to be collected by the Company, consistent with the Minnesota 2 Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Subd. 6. Record Support for Payment; Audit. (a) The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company’s records for the purpose of verifying such statements. (b) No more than once every three (3) years and upon thirty (30) days prior written notice, City shall have the right to conduct an independent review/audit of the Company’s records solely for the purpose of assessing the Company’s compliance with the franchise fee obligation herein. In the event the audit reveals an underpayment of five percent (5%) or more of the franchise fee amounts due during the period audited, the Company shall reimburse the City’s audit fees and expenses in full. Any verified underpayment of franchise fees shall be paid to the City within thirty (30) days of verification, plus interest at the same rate ordered by the Minnesota Public Utilities Commission for interim rate refunds from the Company’s most recent rate case. Subd. 7. Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts Subd. 8. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee, consistent with the Minnesota Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Subd. 9. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail, whichever is later. Collection of the fee shall commence as provided above. Subd. 10. Relation to Franchise. This ordinance is enacted in compliance with the Franchise and shall be interpreted in accordance with its terms and applicable law. Subd. 11. Permit Fees. The Company will administer the collection and payment of franchise fees to the City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City so long as the following requirements are met: (a) The Company applies for any and all permits, licenses and similar documentation as though this provision did not exist. (b) The Company requests the fee to be waived at the time of application. 3 Subd. 12. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to the Company by certified mail. Collection of the fee shall commence as provided above. Passed and approved: _________________________, ______. Mayor of the City of , Minnesota Attest: City Clerk, , Minnesota 4 SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per Month Residential $ 5.00 Firm A $ 5.00 Firm B $ 9.00 Firm C $ 20.00 Small Volume, Dual Fuel A (“SVDF A”) $ 90.00 Small Volume, Dual Fuel B (“SVDF B”) $ 90.00 Large Volume, Dual Fuel (“LVDF”) $ 90.00 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. ORDINANCE NO. _______ AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON MINNESOTA VALLEY ELECTRIC COOPERATIVE, A MINNESOTA COOPERATIVE ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CHANHASSEN THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. The City of Chanhassen Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Chanhassen City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Chanhassen. (a) Pursuant to City Ordinance ______, a Franchise Agreement between the City of Chanhassen and Minnesota Valley Electric Cooperative, a Minnesota cooperative association, its successors and assigns, the City has the right to impose a franchise fee on Minnesota Valley Electric Cooperative, a Minnesota cooperative association, its successors and assigns, in an amount and fee design as allowed in Section 10 of the Minnesota Valley Electric Cooperative Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnesota Valley Electric Cooperative, a Minnesota cooperative association, its successors and assigns (“Company”), under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Company’s March 2019 billing month. Subd. 3. Account-Based Fee. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subd. 4. Payment. The franchise fee shall be payable to the City in accordance with the terms set forth in Section 10 of the Franchise. Subd. 5. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 2 Subd. 6. Permit Fees. Franchise fees collected under this Ordinance shall be in lieu of permit fees otherwise payable by the Company under Section 10.1 of the Franchise ordinance, provided, however, that the Company shall continue to be required to obtain and comply with all right-of-way or other permits required by the City during the period a franchise fee is collected. Subd. 7. Documentation of Franchise Fee Payments. The Company shall annually provide the City with documentation supporting its determination of the franchise fee owed to the City. In the event there is a dispute concerning the franchise fee determination, then the Company and the City shall proceed under section 2.5 “Dispute Resolution” of the Electric Franchise Ordinance. Any verified underpayment or overpayment of franchise fees shall be paid by the party owing the underpayment or overpayment to the other within thirty (30) days of verification, plus interest at the rate of 6% per annum. Subd. 8. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 9. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to the Company by certified mail. Collection of the fee shall commence as provided above. Passed and approved: _________________________, ______. Mayor of the City of , Minnesota Attest: City Clerk, , Minnesota 3 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 5.00 Sm C & I – Non-Dem $ 14.00 Sm C & I – Demand $ 40.00 Large C & I $ 290.00 Public Street Ltg $ 0 Muni Pumping –N/D $ 0 Muni Pumping – Dem $ 0 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. ______. CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING TO MINNESOTA VALLEY ELECTRIC COOPERATIVE, A MINNESOTA COOPERATIVE ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Chanhassen, County of Carver and Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Minnesota Valley Electric Cooperative, a Minnesota cooperative association, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public or private use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the Minnesota Valley Electric Cooperative, 125 Minnesota Valley Electric Drive, Jordan, MN 55352. Notice to the City shall be mailed to the City Administrator, City Hall, 7700 Market Boulevard, P.O. Box 147, 2 Chanhassen, MN 55317. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Way. Any public right-of-way within the City as defined by Minnesota Statutes, Section 237.162, subd. 3. 1.8 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public and not a Public Way. SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat and power for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise, seek its enforcement in a competent jurisdiction or pursue other remedies in law or in equity. 2.3. Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission to the extent provided by law. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B. 37 - .40. 2.4. Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to 3 the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Electric Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with the normal operation of any City Utility System. Electric Facilities may be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. Company shall also post a construction performance bond consistent with provisions of the Minnesota Rules parts 7819.3000 and 7819.0100, subpart 6. 3.5. Avoid Damage to Electric Facilities. The Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Electric Facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.6. Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: 4 (i) the nature and character of the improvements, (ii) the Public Grounds or Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities the Company deems necessary. 3.7. Mapping Information. The Company must promptly provide mapping information for any of it underground Electric Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. 3.8 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. FACILITIES RELOCATION. 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. 4.2. Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall comply with applicable ordinances consistent with law. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall hold the City harmless from any liability arising therefrom. SECTION 6. INDEMNIFICATION. 6.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work. 5 6.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. SECTION 8. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 216D.01 et seq. and Minnesota Rules Part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City’s request and comply with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 9. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 10. FRANCHISE FEE. 10.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The formula for a franchise fee based on units of energy delivered may incorporate both commodity and demand units. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City-required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a 6 substantially similar fee amount to the City and reimburse the City’s reasonable fees and costs in reviewing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company-proposed franchise fee formula and such review will not delay the implementation of the City-imposed fee. 10.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 10.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of electric energy within the City by any other electric energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee. 10.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company’s determination of the franchise fee payments. 10.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon notwithstanding the franchise expiration as provided in section 2.6 above. SECTION 11. SERVICE RELIABILITY, INFRASTRUCTURE REPORTING. The Company and the City shall meet annually at a mutually convenient time to discuss items of concern or interest relating to the Company’s service reliability in the previous year, compared to other service areas, infrastructure plans for the coming year and other matters raised by the City or Company. Upon request, the Company shall produce reports comparing its service record in the City to other service areas and provide, among other reasonably required data, System Average Interruption Duration Index (SAIDI), Customers Experiencing Multiple interruptions (CEMI) and municipal pumping station and general customer outage data for the previous year. 7 SECTION 12. PROVISIONS OF ORDINANCE. 12.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 12.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 13. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk after City council adoption of the amendatory ordinance. This amendatory procedure is subject, however, to the City’s police power and franchise rights under Minnesota Statutes, Section 216B.36 and 301B.01, which rights are not waived hereby. Passed and approved: _________________________, ______. Mayor of the City of , Minnesota Attest: City Clerk, , Minnesota ORDINANCE NO. _______ AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF CHANHASSEN THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. The City of Chanhassen Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Chanhassen City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Chanhassen. (a) Pursuant to City Ordinance ______, a Franchise Agreement between the City of Chanhassen and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as allowed in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM March 2019billing month. Subd. 3. Account-Based Fee. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subd. 4. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 5. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 2 Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. Passed and approved: _________________________, ______. Mayor of the City of , Minnesota Attest: City Clerk, , Minnesota 3 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 5.00 Sm C & I – Non-Dem $ 14.00 Sm C & I – Demand $ 40.00 Large C & I $ 290.00 Public Street Ltg $ 0 Muni Pumping – N/D $ 0 Muni Pumping – Dem $ 0 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. ______. CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Chanhassen, County of Carver and Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public or private use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 2 1.7 Public Way. Any public right-of-way within the City as defined by Minnesota Statutes, Section 237.162, subd. 3. 1.8 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public and not a Public Way. SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat and power for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise or seek its enforcement in a competent jurisdiction. 2.3. Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B. 37 - .40. 2.4. Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. 3 SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Electric Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with the normal operation of any City Utility System. Electric Facilities may be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground Electric Facilities in place, provided, that at the City’s request, Company will remove all abandoned Electric Facilities interfering with a City improvement project, but only to the extent the Facilities are uncovered or will be uncovered by excavation as part of the City improvement project. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance for which the City may impose a reasonable fee subject to the provisions of Section 9. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have the right, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. The City conditionally waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way or the Public Ground. Notwithstanding the foregoing, the City reserves the right to require a performance bond acceptable to the City and Company for new installation, replacement or repairs when the Company’s completion of its work is required in order for the City to proceed with its work for constructing a public improvement to the Public Way, or if Company has failed to properly or timely restore its work under a permit issued within two years of the Company’s project permit application. 3.4. Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person, including Company, from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities or other persons or property while performing any activity. 4 3.5. Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds or Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities the Company deems necessary. 3.6. Mapping Information. The Company must promptly provide mapping information for any of it underground Electric Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions reasonably acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. FACILITIES RELOCATION. 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. 4.2. Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall comply with applicable ordinances consistent with law. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by Company. The City shall reimburse Company pursuant to this Section and the Government Prompt Payment Act, Minn. Stat. § 471.425, after relocation costs are determined. 5 SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall hold the City harmless from any liability arising therefrom. SECTION 6. INDEMNIFICATION. 6.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work. 6.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities until the reasonable cost of relocating the same are first paid to Company. The City and Company shall comply with Minnesota Rules, subpart 7819.3200 and applicable ordinances consistent with law. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by 6 collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the initial franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall be a fixed monthly fee in accordance with the following customer classes and in amounts as set forth pursuant to section 9.2 below. The City reserves its right to modify these fees from time to time, upward or downward, subject to the amendatory procedure stated in Section 12 below. Class Fee Per Premise Per Month Residential $ 5.00 Sm C & I – Non-Dem $ 14.00 Sm C & I – Demand $ 40.00 Large C & I $ 290.00 Public Street Ltg $ 0 Muni Pumping – N/D $ 0 Muni Pumping – Dem $ 0 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice of the City’s intent to impose a fee has been served upon Company. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s electric tariffs on file with the Commission. 9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The parties acknowledge that certain elements of collecting the franchise fee are subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may 7 pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection and audit by the City at reasonable times provided that the City and its designated representative agree in writing, subject to requirements of law otherwise, not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. If any error in collection of franchise fees is discovered by either party, the City and Company shall meet as soon as reasonably practical to negotiate the means, methods and timing in which the fee payment shall be made to the City. In no event shall fees the Company cannot collect from customers be included in the amount payable to the City. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer class, or by comparing, as to similar customer classes the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. The Company may waive the foregoing of this Section 9.5, to the extent of such written consent. SECTION 10. SERVICE RELIABILITY, INFRASTRUCTURE REPORTING. The Company and the City shall meet annually at a mutually convenient time to discuss items of concern or interest relating to this Franchise, including, but not limited to, collaborative infrastructure planning, vegetation management and reliability performance. Upon request, the Company shall provide to City reporting information on service reliability, including System Average Interruption Duration Index (SAIDI) and other measures as may be beneficial and mutually agreeable, such as Customers Experiencing Multiple interruptions (CEMI) or other outage data, the exact form and content of which shall all be mutually agreed to by City and Company. SECTION 11. PROVISIONS OF ORDINANCE. 11.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, if any provision is held invalid, the parties agree to negotiate in good faith to substitute, to the extent reasonably possible, amended provisions that validly carry out the primary purpose of the invalid provisions. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 11.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 8 SECTION 12. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk after City council adoption of the amendatory ordinance. This amendatory procedure, however, is not a waiver of Company’s or the City’s rights or arguments, whether under Minnesota Statutes, Sections 216B.36 and 301B.01 or other applicable law or otherwise. Passed and approved: _________________________, ______. Mayor of the City of , Minnesota Attest: City Clerk, , Minnesota CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Review of Claims Paid 11­26­2018 Section CORRESPONDENCE DISCUSSION Item No: M.1. Prepared By Greg Sticha, Finance Director File No:  SUMMARY The following claims are submitted for review on November 26, 2018: Check Numbers Amounts 168203 – 168317 $624,508.84 ACH Payments $897,459.00 Total All Claims $1,521,967.84 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 11/16/2018 8:06 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount AbbCar Abbywood Carpentry Inc 11/08/2018 0.00 250.00168203 AllSea All Seasons Building Co.11/08/2018 0.00 500.00168204 Allstr ALLSTREAM 11/08/2018 0.00 490.84168205 AmeCus AMEK Custom Builders Inc 11/08/2018 0.00 500.00168206 BarCon BARBER CONSTRUCTION COMPANY INC11/08/2018 0.00 173,312.26168207 BauBui Bauer Built Inc 11/08/2018 0.00 42.00168208 bcatra BCA 11/08/2018 0.00 15.00168209 BluCro BCBSM, Inc.11/08/2018 0.00 79,099.39168210 BeaPro Beamer Products Inc 11/08/2018 0.00 292.06168211 BenPro BENIEK PROPERTY SERVICES INC 11/08/2018 0.00 650.00168212 BorSta BORDER STATES ELECTRIC SUPPLY 11/08/2018 0.00 465.78168213 BORNPATR PATRICK & KATIE BORNBACH 11/08/2018 0.00 250.00168214 UB*01527 BURNET TITLE LLC 11/08/2018 0.00 24.07168215 UB*01528 BURNET TITLE LLC 11/08/2018 0.00 5.46168216 CARAUT CAR-CO AUTO PARTS INC 11/08/2018 0.00 296.45168217 UB*01532 CCA & T 11/08/2018 0.00 6.50168218 CenEne CENTERPOINT ENERGY MINNEGASCO 11/08/2018 0.00 2,950.19168219 EmbMinn CENTURYLINK 11/08/2018 0.00 1,101.51168220 CorMai CORE & MAIN LP 11/08/2018 0.00 812.00168221 CreSca Creative Scapes Landscaping LLC 11/08/2018 0.00 500.00168222 CreHil Creek Hill Custom Homes Inc.11/08/2018 0.00 3,250.00168223 CubFoo CUB FOODS 11/08/2018 0.00 28.36168224 UB*01524 ANTHONY DOPPLER 11/08/2018 0.00 40.17168225 EarAnd Earl F Andersen Inc 11/08/2018 0.00 500.79168226 UB*01533 EDGEWATER TITLE GROUP LLC 11/08/2018 0.00 203.97168227 UB*01529 EDINA REALTY TITLE 11/08/2018 0.00 84.92168228 UB*01541 EDINA REALTY TITLE 11/08/2018 0.00 6.27168229 EveLan Evergreen Land Services 11/08/2018 0.00 2,336.30168230 UB*01537 EXECUTIVE TITLE OF MN 11/08/2018 0.00 13.29168231 FielKath Kathy Field 11/08/2018 0.00 240.00168232 FirSys First Systems Technology, Inc.11/08/2018 0.00 3,820.00168233 FraAnn Annette Fragale 11/08/2018 0.00 312.00168234 GonHom GONYEA HOMES 11/08/2018 0.00 5,300.00168235 Hach Hach Company 11/08/2018 0.00 1,138.12168236 Herlan HERMAN'S LANDSCAPE SUPPLIES INC 11/08/2018 0.00 584.00168237 HigCon Higgins Construction LLC 11/08/2018 0.00 250.00168238 ICMART ICMA RETIREMENT AND TRUST-457 11/08/2018 0.00 1,445.83168239 INDLIG INDUSTRIAL LIGHTING SUPPLY INC 11/08/2018 0.00 54.00168240 Loc49 IUOE Local #49 11/08/2018 0.00 700.00168241 UB*01531 HEIDI & JAREN JENSEN 11/08/2018 0.00 146.90168242 KeeSve KEENAN & SVEIVAN INC 11/08/2018 0.00 500.00168243 LaneTiEl Tim & Elise Lane 11/08/2018 0.00 250.00168244 LawPro Lawson Products, Inc.11/08/2018 0.00 28.03168245 leamin LEAGUE OF MINNESOTA CITIES 11/08/2018 0.00 932.00168246 UB*01535 STEVEN & CAROL LENTO 11/08/2018 0.00 71.37168247 UB*01536 LIBERTY TITLE INC 11/08/2018 0.00 288.94168248 LindKell Kelly Lindstrom 11/08/2018 0.00 1,500.00168249 Page 1AP Checks by Date - Summary by Check Number (11/16/2018 8:06 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount McGiAmBe Amanda & Benjamin McGibbon 11/08/2018 0.00 250.00168250 METCO2 METROPOLITAN COUNCIL 11/08/2018 0.00 152,094.89168251 MeuwKim KIM MEUWISSEN 11/08/2018 0.00 36.20168252 MidEgr Midwest Egress 11/08/2018 0.00 250.00168253 MidPla MIDWEST PLAYSCAPES 11/08/2018 0.00 390.50168254 MinAqu MINNETONKA AQUATICS, ISD 276 11/08/2018 0.00 31,952.00168255 NCPERS MN NCPERS LIFE INSURANCE 11/08/2018 0.00 80.00168256 MorSal MORTON SALT 11/08/2018 0.00 8,191.46168257 NorRec NORTHLAND RECREATION LLC 11/08/2018 0.00 653.72168258 petboy Pete Boyer Construction 11/08/2018 0.00 250.00168259 UB*01534 PILLER TITLE SERVICES 11/08/2018 0.00 40.11168260 Pollar Pollard Water 11/08/2018 0.00 1,007.78168261 UB*01542 PREMIER TITLE INSURANCE AGENCY INC11/08/2018 0.00 10.60168262 raitre RAINBOW TREE COMPANY 11/08/2018 0.00 712.50168263 RoebMich Michael Roeber 11/08/2018 0.00 500.00168264 SeefMaJe Mark & Jennifer Seefeldt 11/08/2018 0.00 500.00168265 SheWil SHERWIN WILLIAMS 11/08/2018 0.00 44.94168266 signso SIGNSOURCE 11/08/2018 0.00 73.50168267 SofHou SOFTWARE HOUSE INTERNATIONAL 11/08/2018 0.00 121.00168268 SteFen STERLING FENCE INC.11/08/2018 0.00 2,641.00168269 TJMau T.J. Maurer Construction 11/08/2018 0.00 750.00168270 UB*01544 TITLE CHOICE LLC 11/08/2018 0.00 165.46168271 UB*01543 TITLE MARK LLC 11/08/2018 0.00 39.69168272 UB*01525 TITLE SMART INC 11/08/2018 0.00 17.28168273 UB*01530 TRADEMARK TITLE SERVICES 11/08/2018 0.00 42.69168274 UB*01539 TRADEMARK TITLE SERVICES INC 11/08/2018 0.00 22.44168275 tridim TRI-DIM FILTER CORP 11/08/2018 0.00 1,106.66168276 TwiPad Twin Cities Paddleboard 11/08/2018 0.00 3,110.00168277 TwiSid Twin Cities Siding Professionals 11/08/2018 0.00 250.00168278 UltMar ULTIMATE MARTIAL ARTS INC.11/08/2018 0.00 172.80168279 UnitRent United Rentals (North America), Inc.11/08/2018 0.00 3,094.88168280 UB*01540 JACOB & BREANNE VOELTZ 11/08/2018 0.00 37.95168281 WallJJ James Wall 11/08/2018 0.00 154.97168282 WastMana Waste Management of Minnesota, Inc 11/08/2018 0.00 975.39168283 UB*01526 WATERMARK TITLE AGENCY 11/08/2018 0.00 9.69168284 UB*01538 GREGORY & BARBARA YEALEY 11/08/2018 0.00 20.07168285 ChaFro Chanhassen Frontier LLC 11/14/2018 0.00 60,000.00168286 ALLMEC Allan Mechanical 11/15/2018 0.00 84.50168287 ARMSEC ARMOR SECURITY INC 11/15/2018 0.00 5.91168288 ASPMIL ASPEN MILLS 11/15/2018 0.00 134.58168289 BERCOF BERRY COFFEE COMPANY 11/15/2018 0.00 1,454.32168290 BOYSCO BOY SCOUT TROOP 330 11/15/2018 0.00 276.00168291 BRAPRO Brandt Properties LLC 11/15/2018 0.00 33,792.00168292 CarCouPa Carver County Parks 11/15/2018 0.00 803.25168293 CEMPRO CEMSTONE PRODUCTS CO 11/15/2018 0.00 1,329.30168294 CENENE CENTERPOINT ENERGY MINNEGASCO 11/15/2018 0.00 444.31168295 CenLin CenturyLink 11/15/2018 0.00 64.00168296 CHASKA CITY OF CHASKA 11/15/2018 0.00 503.55168297 CORMAI CORE & MAIN LP 11/15/2018 0.00 7,858.94168298 CulBot Culligan Bottled Water 11/15/2018 0.00 87.39168299 FACMOT FACTORY MOTOR PARTS COMPANY 11/15/2018 0.00 228.40168300 FLEPRI FleetPride, Inc.11/15/2018 0.00 7.89168301 HARTLIFE Hartford Life and Accident Insurance Company11/15/2018 0.00 1,072.80168302 INDSCH INDEPENDENT SCHOOL DIST 112 11/15/2018 0.00 9,518.59168303 JEXPRESS J Express LLC 11/15/2018 0.00 2,500.00168304 JAGCOM Jaguar Communications Inc 11/15/2018 0.00 53.46168305 LacSal Lacount Sales, LLC 11/15/2018 0.00 350.25168306 Page 2AP Checks by Date - Summary by Check Number (11/16/2018 8:06 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount LIBBTERE Terese Libby 11/15/2018 0.00 250.00168307 MinuPre Minuteman Press 11/15/2018 0.00 32.00168308 PULTGROU Pulte Group Pulte Homes of MN LLC 11/15/2018 0.00 1,500.00168309 SHIPMELO Melonie Shipman 11/15/2018 0.00 85.00168310 SHOTRU SHOREWOOD TRUE VALUE 11/15/2018 0.00 96.08168311 SOFHOU SOFTWARE HOUSE INTERNATIONAL 11/15/2018 0.00 2,560.00168312 SOUSUB Southwest Suburban Publishing 11/15/2018 0.00 1,467.52168313 SpeScr Spectrum Screen Printing Inc 11/15/2018 0.00 98.96168314 TessEric Eric Tessman 11/15/2018 0.00 269.44168315 DAVTRE The Davey Tree Expert Company 11/15/2018 0.00 2,150.00168316 ULINE ULINE INC 11/15/2018 0.00 71.46168317 Report Total (115 checks): 624,508.84 0.00 Page 3AP Checks by Date - Summary by Check Number (11/16/2018 8:06 AM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 11/16/2018 8:07 AM Check No Vendor Vendor Name Check Date Void Checks Check Amount ACH AdvEng Advanced Engineering & Environmental Services, Inc 11/08/2018 0.00 7,299.15 ACH BatPlu BATTERIES PLUS 11/08/2018 0.00 59.85 ACH benext BENEFIT EXTRAS INC 11/08/2018 0.00 156.00 ACH CarCou Carver County 11/08/2018 0.00 141,157.00 ACH CarGra CarteGraph Systems 11/08/2018 0.00 33,500.00 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 11/08/2018 0.00 5,888.29 ACH ComInt COMPUTER INTEGRATION TECHN. 11/08/2018 0.00 2,503.00 ACH EngWat Engel Water Testing Inc 11/08/2018 0.00 520.00 ACH FasCom FASTENAL COMPANY 11/08/2018 0.00 162.12 ACH GOPSTA GOPHER STATE ONE-CALL INC 11/08/2018 0.00 646.65 ACH H&LMES H & L Mesabi 11/08/2018 0.00 445.24 ACH HawChe HAWKINS CHEMICAL 11/08/2018 0.00 370.00 ACH IdeSer Ideal Service Inc. 11/08/2018 0.00 350.00 ACH IndLan Indoor Landscapes Inc 11/08/2018 0.00 187.00 ACH JasEng Jasper Engineering & Equipment Co 11/08/2018 0.00 1,906.05 ACH JohSup JOHNSTONE SUPPLY 11/08/2018 0.00 98.92 ACH LarsDale DALE LARSEN 11/08/2018 0.00 45.15 ACH macequ MACQUEEN EQUIPMENT 11/08/2018 0.00 6,300.40 ACH marco Marco Inc 11/08/2018 0.00 1,039.56 ACH MerAce MERLINS ACE HARDWARE 11/08/2018 0.00 1,529.35 ACH Metfor METROPOLITAN FORD 11/08/2018 0.00 119.63 ACH MVEC MN VALLEY ELECTRIC COOP 11/08/2018 0.00 6,456.96 ACH PotMN Potentia MN Solar 11/08/2018 0.00 7,408.17 ACH PraLaw PRAIRIE LAWN & GARDEN 11/08/2018 0.00 65.92 ACH UltCon ULTIMATE CONTROLS ELECTRIC LLC 11/08/2018 0.00 7,050.00 ACH UniFar United Farmers Cooperative 11/08/2018 0.00 151.31 ACH UNIWAY UNITED WAY 11/08/2018 0.00 28.40 ACH verizo VERIZON WIRELESS 11/08/2018 0.00 6,020.44 ACH Vessco VESSCO INC 11/08/2018 0.00 10,753.40 ACH wmmue WM MUELLER & SONS INC 11/08/2018 0.00 2,985.58 ACH WWGRA WW GRAINGER INC 11/08/2018 0.00 51.24 ACH zarbru ZARNOTH BRUSH WORKS INC 11/08/2018 0.00 675.00 ACH ALEAIR ALEX AIR APPARATUS INC 11/15/2018 0.00 130.00 ACH AlHiJuli Juli Al-Hilwani 11/15/2018 0.00 34.50 ACH CAMKNU CAMPBELL KNUTSON 11/15/2018 0.00 18,374.63 ACH carcou Carver County 11/15/2018 0.00 540.00 ACH CHOICE Choice, Inc. 11/15/2018 0.00 205.86 ACH FASCOM FASTENAL COMPANY 11/15/2018 0.00 56.69 ACH GMHASP GMH ASPHALT CORP 11/15/2018 0.00 9,895.00 ACH IndPla Indelco Plastics Corporation 11/15/2018 0.00 890.00 ACH InnOff Innovative Office Solutions LLC 11/15/2018 0.00 437.35 ACH METCO Metropolitan Council, Env Svcs 11/15/2018 0.00 49,203.00 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 11/15/2018 0.00 4,058.83 ACH NYSPUB NYSTROM PUBLISHING COMPANY INC 11/15/2018 0.00 8,097.18 Page 1 of 2 Check No Vendor Vendor Name Check Date Void Checks Check Amount ACH PRARES PRAIRIE RESTORATIONS INC 11/15/2018 0.00 440.00 ACH RICLAK RICE LAKE CONSTRUCTION GROUP 11/15/2018 0.00 551,633.75 ACH SPRPCS SPRINT PCS 11/15/2018 0.00 103.44 ACH TCIInc TCIC, Inc. 11/15/2018 0.00 1,300.00 ACH UniFar United Farmers Cooperative 11/15/2018 0.00 3.15 ACH WMMUE WM MUELLER & SONS INC 11/15/2018 0.00 224.00 ACH WSB WSB & ASSOCIATES INC 11/15/2018 0.00 4,017.00 ACH WWGRA WW GRAINGER INC 11/15/2018 0.00 790.71 ACH XCEL XCEL ENERGY INC 11/15/2018 0.00 1,094.13 Report Total:0.00 897,459.00 Page 2 of 2 Accounts Payable Check Detail-Checks User: dwashburn Printed: 11/16/2018 - 8:12 AM Name Check D Account Description Amount Abbywood Carpentry Inc 11/08/2018 815-8202-2024 Erosioin escrow-8690 Flamingo Drive 250.00 Abbywood Carpentry Inc 250.00 All Seasons Building Co.11/08/2018 815-8202-2024 Erosion escrow-6261 Near Mountain Blvd 250.00 All Seasons Building Co.11/08/2018 815-8202-2024 erosion escrow-1625 Hemlock Way 250.00 All Seasons Building Co. 500.00 Allan Mechanical 11/15/2018 101-0000-2033 Overpayment - permit# 2018-03129 84.50 Allan Mechanical 84.50 ALLSTREAM 11/08/2018 101-1160-4300 phone system maintenance 490.84 ALLSTREAM 490.84 AMEK Custom Builders Inc 11/08/2018 815-8202-2024 Erosion escrow-6490 Bretton Way 500.00 AMEK Custom Builders Inc 500.00 ARMOR SECURITY INC 11/15/2018 101-0000-2033 Overpayment - permit# 2018-03068 5.91 ARMOR SECURITY INC 5.91 ASPEN MILLS 11/15/2018 101-1220-4240 Badges 67.98 ASPEN MILLS 11/15/2018 101-1220-4240 Shirt, patches, badge tab 51.75 ASPEN MILLS 11/15/2018 101-1220-4240 Name tag 14.85 ASPEN MILLS 134.58 BARBER CONSTRUCTION COMPANY INC 11/08/2018 601-6042-4751 Lake Susan Trail Rehabilitation 173,312.26 BARBER CONSTRUCTION COMPANY INC 173,312.26 Bauer Built Inc 11/08/2018 101-1320-4140 tire repair 42.00 Bauer Built Inc 42.00 BCA 11/08/2018 101-1120-4300 background investigation 15.00 BCA 15.00 BCBSM, Inc.11/08/2018 101-0000-2012 December insurance 39,154.28 BCBSM, Inc.11/08/2018 101-0000-2012 December insurance-cobra 3,497.48 BCBSM, Inc.11/08/2018 700-0000-2012 December insurance-cobra 6,435.37 BCBSM, Inc.11/08/2018 701-0000-2012 December insurance-cobra 4,686.63 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 1 of 11 Name Check D Account Description Amount BCBSM, Inc.11/08/2018 720-0000-2012 December insurance-cobra 2,185.92 BCBSM, Inc.11/08/2018 101-0000-2012 December insurance-cobra 17,422.77 BCBSM, Inc.11/08/2018 101-0000-2012 December insurance-cobra 2,099.13 BCBSM, Inc.11/08/2018 210-0000-2012 December insurance-cobra 874.64 BCBSM, Inc.11/08/2018 700-0000-2012 December insurance-cobra 1,311.96 BCBSM, Inc.11/08/2018 701-0000-2012 December insurance-cobra 612.24 BCBSM, Inc.11/08/2018 720-0000-2012 December insurance-cobra 769.69 BCBSM, Inc.11/08/2018 101-1220-4483 December insurance-cobra 49.28 BCBSM, Inc. 79,099.39 Beamer Products Inc 11/08/2018 202-0000-4300 plaque marker/laser label 292.06 Beamer Products Inc 292.06 BENIEK PROPERTY SERVICES INC 11/08/2018 101-1550-4300 weed pulling/spraying/debris removal 150.00 BENIEK PROPERTY SERVICES INC 11/08/2018 101-1550-4300 trimming/pruning of shrubs / weed pulling/spraying 500.00 BENIEK PROPERTY SERVICES INC 650.00 BERRY COFFEE COMPANY 11/15/2018 101-1170-4110 Coffee 785.87 BERRY COFFEE COMPANY 11/15/2018 101-1170-4110 Coffee 75.36 BERRY COFFEE COMPANY 11/15/2018 101-1170-4110 Coffee 75.36 BERRY COFFEE COMPANY 11/15/2018 101-1170-4110 Coffee 517.73 BERRY COFFEE COMPANY 1,454.32 BORDER STATES ELECTRIC SUPPLY 11/08/2018 101-1190-4510 lamps 465.78 BORDER STATES ELECTRIC SUPPLY 465.78 BORNBACH PATRICK & KATIE 11/08/2018 815-8202-2024 Erosion escrow-7070 Redwing Lane 250.00 BORNBACH PATRICK & KATIE 250.00 BOY SCOUT TROOP 330 11/15/2018 101-1220-4290 Christmas Wreaths 96.00 BOY SCOUT TROOP 330 11/15/2018 101-1170-4110 Christmas Wreaths 132.00 BOY SCOUT TROOP 330 11/15/2018 101-1370-4120 Christmas Wreaths 48.00 BOY SCOUT TROOP 330 276.00 Brandt Properties LLC 11/15/2018 701-0000-3806 Arbors Second Addition 2018-07 (#2007-02) 15,420.00 Brandt Properties LLC 11/15/2018 700-0000-3806 Arbors Second Addition 2018-07 (#2007-02) 18,372.00 Brandt Properties LLC 33,792.00 BURNET TITLE LLC 11/08/2018 700-0000-2020 Refund Check 11.92 BURNET TITLE LLC 11/08/2018 701-0000-2020 Refund Check 8.44 BURNET TITLE LLC 11/08/2018 720-0000-2020 Refund Check 3.15 BURNET TITLE LLC 11/08/2018 700-0000-2020 Refund Check 0.56 BURNET TITLE LLC 11/08/2018 700-0000-2020 Refund Check 4.31 BURNET TITLE LLC 11/08/2018 720-0000-2020 Refund Check 1.08 BURNET TITLE LLC 11/08/2018 700-0000-2020 Refund Check 0.07 BURNET TITLE LLC 29.53 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 2 of 11 Name Check D Account Description Amount CAR-CO AUTO PARTS INC 11/08/2018 101-1320-4120 return-gold disc/3/2x24 insert -250.59 CAR-CO AUTO PARTS INC 11/08/2018 101-1320-4120 gold disc/epoxy primer/catalyst/solvent 547.04 CAR-CO AUTO PARTS INC 296.45 Carver County Parks 11/15/2018 101-1761-4300 Paddle Club 803.25 Carver County Parks 803.25 CCA & T 11/08/2018 700-0000-2020 Refund Check 2.42 CCA & T 11/08/2018 701-0000-2020 Refund Check 3.44 CCA & T 11/08/2018 720-0000-2020 Refund Check 0.27 CCA & T 11/08/2018 700-0000-2020 Refund Check 0.37 CCA & T 6.50 CEMSTONE PRODUCTS CO 11/15/2018 700-7050-4705 Sealer, Clear Coat, Sealtight, Limestone 745.50 CEMSTONE PRODUCTS CO 11/15/2018 700-7050-4705 Xylene 1 Gallon 22.00 CEMSTONE PRODUCTS CO 11/15/2018 700-7050-4705 Backer Rod, Sealer 561.80 CEMSTONE PRODUCTS CO 1,329.30 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 101-1370-4320 gas charges 501.65 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 700-0000-4320 gas charges 62.71 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 701-0000-4320 gas charges 62.71 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 101-1600-4320 gas charges 16.98 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 701-0000-4320 gas charges 20.15 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 101-1190-4320 gas charges 877.90 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 700-7019-4320 gas charges 283.91 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 700-0000-4320 gas charges 31.01 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 700-7043-4320 gas charges 493.98 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 101-1170-4320 gas charges 470.08 CENTERPOINT ENERGY MINNEGASCO 11/08/2018 101-1550-4320 gas charges 129.11 CENTERPOINT ENERGY MINNEGASCO 11/15/2018 101-1220-4320 gas charges 249.90 CENTERPOINT ENERGY MINNEGASCO 11/15/2018 101-1530-4320 gas charges 154.47 CENTERPOINT ENERGY MINNEGASCO 11/15/2018 101-1120-4320 gas charges 39.94 CENTERPOINT ENERGY MINNEGASCO 3,394.50 CenturyLink 11/15/2018 700-0000-4310 monthly service - November 32.00 CenturyLink 11/15/2018 701-0000-4310 monthly service - November 32.00 CENTURYLINK 11/08/2018 101-1170-4310 phone charges 819.79 CENTURYLINK 11/08/2018 700-0000-4310 phone charges 6.36 CENTURYLINK 11/08/2018 701-0000-4310 phone charges 6.36 CENTURYLINK 11/08/2018 101-1550-4310 phone charges 30.04 CENTURYLINK 11/08/2018 101-1350-4310 phone charges 30.04 CENTURYLINK 11/08/2018 101-1220-4310 phone charges 33.04 CENTURYLINK 11/08/2018 101-1370-4310 phone charges 50.88 CENTURYLINK 11/08/2018 101-1160-4320 phone charges 125.00 CENTURYLINK 1,165.51 Chanhassen Frontier LLC 11/14/2018 480-0000-4902 Community Growth Initiative Redevelopment Grant-Venue 60,000.00 Chanhassen Frontier LLC 60,000.00 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 3 of 11 Name Check D Account Description Amount CITY OF CHASKA 11/15/2018 101-1560-4300 MN Zoo Trip - Transportation,Admission, Tour on 10/23/18 503.55 CITY OF CHASKA 503.55 CORE & MAIN LP 11/08/2018 700-0000-4550 hydrafinder flag/hyd marker 812.00 CORE & MAIN LP 11/15/2018 700-0000-4550 5-1/4VO Clow Med 8' Hyd 6MJ 6,300.00 CORE & MAIN LP 11/15/2018 700-0000-4550 3/4x1/8 THK Rubber Mtr Washer 20.00 CORE & MAIN LP 11/15/2018 700-0000-4552 Pipes, Gaskets, T-Head B&N, EPXY 1,538.94 CORE & MAIN LP 8,670.94 Creative Scapes Landscaping LLC 11/08/2018 815-8202-2024 Erosion escrow-3624 Red Cedar Pt 500.00 Creative Scapes Landscaping LLC 500.00 Creek Hill Custom Homes Inc.11/08/2018 815-8226-2024 As Built escrow-3656 Landings Drive 2,500.00 Creek Hill Custom Homes Inc.11/08/2018 815-8201-2024 Landscape escrow-3656 Landings Drive 750.00 Creek Hill Custom Homes Inc. 3,250.00 CUB FOODS 11/08/2018 101-1220-4290 coffee cups/creamer/laundry soap 28.36 CUB FOODS 28.36 Culligan Bottled Water 11/15/2018 101-1220-4300 Nov 2018 equipment rental/water 87.39 Culligan Bottled Water 87.39 DOPPLER ANTHONY 11/08/2018 700-0000-2020 Refund Check 12.61 DOPPLER ANTHONY 11/08/2018 701-0000-2020 Refund Check 20.67 DOPPLER ANTHONY 11/08/2018 720-0000-2020 Refund Check 5.86 DOPPLER ANTHONY 11/08/2018 700-0000-2020 Refund Check 1.03 DOPPLER ANTHONY 40.17 Earl F Andersen Inc 11/08/2018 101-1320-4560 flat galvanized channel post 302.14 Earl F Andersen Inc 11/08/2018 101-1550-4560 no dumping allowed 198.65 Earl F Andersen Inc 500.79 EDGEWATER TITLE GROUP LLC 11/08/2018 700-0000-2020 Refund Check 53.26 EDGEWATER TITLE GROUP LLC 11/08/2018 701-0000-2020 Refund Check 103.54 EDGEWATER TITLE GROUP LLC 11/08/2018 720-0000-2020 Refund Check 40.10 EDGEWATER TITLE GROUP LLC 11/08/2018 700-0000-2020 Refund Check 7.07 EDGEWATER TITLE GROUP LLC 203.97 EDINA REALTY TITLE 11/08/2018 700-0000-2020 Refund Check 48.52 EDINA REALTY TITLE 11/08/2018 701-0000-2020 Refund Check 22.15 EDINA REALTY TITLE 11/08/2018 720-0000-2020 Refund Check 11.60 EDINA REALTY TITLE 11/08/2018 700-0000-2020 Refund Check 2.65 EDINA REALTY TITLE 11/08/2018 700-0000-2020 Refund Check 1.01 EDINA REALTY TITLE 11/08/2018 701-0000-2020 Refund Check 2.33 EDINA REALTY TITLE 11/08/2018 720-0000-2020 Refund Check 2.49 EDINA REALTY TITLE 11/08/2018 700-0000-2020 Refund Check 0.44 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 4 of 11 Name Check D Account Description Amount EDINA REALTY TITLE 91.19 Evergreen Land Services 11/08/2018 605-6501-4300 relocation consultant meetings-720 Vogelsberg Trail 992.10 Evergreen Land Services 11/08/2018 605-6501-4300 relocation consultant meetings-730 Vogelsberg Trail 1,344.20 Evergreen Land Services 2,336.30 EXECUTIVE TITLE OF MN 11/08/2018 700-0000-2020 Refund Check 5.68 EXECUTIVE TITLE OF MN 11/08/2018 701-0000-2020 Refund Check 4.99 EXECUTIVE TITLE OF MN 11/08/2018 720-0000-2020 Refund Check 2.23 EXECUTIVE TITLE OF MN 11/08/2018 700-0000-2020 Refund Check 0.39 EXECUTIVE TITLE OF MN 13.29 FACTORY MOTOR PARTS COMPANY 11/15/2018 101-1320-4120 Battery Core, 1982526 C950 R195 228.40 FACTORY MOTOR PARTS COMPANY 228.40 Field Kathy 11/08/2018 700-0000-4550 service call-kitchen faucet repair 240.00 Field Kathy 240.00 First Systems Technology, Inc.11/08/2018 700-0000-4300 replaced tower 3 connector and surge protector 3,820.00 First Systems Technology, Inc. 3,820.00 FleetPride, Inc.11/15/2018 101-1220-4140 SGHT PLUG 7.89 FleetPride, Inc. 7.89 Fragale Annette 11/08/2018 101-1539-4300 Line dancing class 312.00 Fragale Annette 312.00 GONYEA HOMES 11/08/2018 815-8202-2024 Erosion escrow-9150 Eagle Court 2,800.00 GONYEA HOMES 11/08/2018 815-8226-2024 AsBuilt escrow-7400 Dogwood Road 2,500.00 GONYEA HOMES 5,300.00 Hach Company 11/08/2018 700-7019-4150 assy pack chemkey chlorine/orthophosphate/dissolved iron 580.60 Hach Company 11/08/2018 700-7043-4120 assy pack chemkey orthophosphate/free chlorine/total chlorine 557.52 Hach Company 1,138.12 Hartford Life and Accident Insurance Company 11/15/2018 101-1120-4040 Nov 2018 insurance premium 69.45 Hartford Life and Accident Insurance Company 11/15/2018 101-1130-4040 Nov 2018 insurance premium 47.83 Hartford Life and Accident Insurance Company 11/15/2018 101-1160-4040 Nov 2018 insurance premium 24.74 Hartford Life and Accident Insurance Company 11/15/2018 101-1250-4040 Nov 2018 insurance premium 89.48 Hartford Life and Accident Insurance Company 11/15/2018 101-1310-4040 Nov 2018 insurance premium 102.84 Hartford Life and Accident Insurance Company 11/15/2018 101-1320-4040 Nov 2018 insurance premium 112.04 Hartford Life and Accident Insurance Company 11/15/2018 101-1370-4040 Nov 2018 insurance premium 44.79 Hartford Life and Accident Insurance Company 11/15/2018 101-1520-4040 Nov 2018 insurance premium 35.08 Hartford Life and Accident Insurance Company 11/15/2018 101-1530-4040 Nov 2018 insurance premium 14.05 Hartford Life and Accident Insurance Company 11/15/2018 101-1560-4040 Nov 2018 insurance premium 11.58 Hartford Life and Accident Insurance Company 11/15/2018 101-1600-4040 Nov 2018 insurance premium 22.34 Hartford Life and Accident Insurance Company 11/15/2018 101-1700-4040 Nov 2018 insurance premium 5.59 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 5 of 11 Name Check D Account Description Amount Hartford Life and Accident Insurance Company 11/15/2018 101-1550-4040 Nov 2018 insurance premium 104.89 Hartford Life and Accident Insurance Company 11/15/2018 101-1420-4040 Nov 2018 insurance premium 77.10 Hartford Life and Accident Insurance Company 11/15/2018 101-1430-4040 Nov 2018 insurance premium 4.67 Hartford Life and Accident Insurance Company 11/15/2018 210-0000-4040 Nov 2018 insurance premium 17.84 Hartford Life and Accident Insurance Company 11/15/2018 720-7201-4040 Nov 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 11/15/2018 720-7202-4040 Nov 2018 insurance premium 5.51 Hartford Life and Accident Insurance Company 11/15/2018 101-1170-4040 Nov 2018 insurance premium 12.37 Hartford Life and Accident Insurance Company 11/15/2018 101-1220-4040 Nov 2018 insurance premium 42.30 Hartford Life and Accident Insurance Company 11/15/2018 701-0000-4040 Nov 2018 insurance premium 74.28 Hartford Life and Accident Insurance Company 11/15/2018 700-0000-4040 Nov 2018 insurance premium 100.09 Hartford Life and Accident Insurance Company 11/15/2018 720-0000-4040 Nov 2018 insurance premium 48.43 Hartford Life and Accident Insurance Company 1,072.80 HERMAN'S LANDSCAPE SUPPLIES INC 11/08/2018 101-1550-4150 pulverized dirt 292.00 HERMAN'S LANDSCAPE SUPPLIES INC 11/08/2018 101-1550-4150 pulverized dirt 292.00 HERMAN'S LANDSCAPE SUPPLIES INC 584.00 Higgins Construction LLC 11/08/2018 815-8202-2024 Erosion escrow-6451 White Dove Drive 250.00 Higgins Construction LLC 250.00 ICMA RETIREMENT AND TRUST-457 11/08/2018 101-0000-2009 11/9/2018 ID #304303 1,114.58 ICMA RETIREMENT AND TRUST-457 11/08/2018 210-0000-2009 11/9/2018 ID #304303 25.00 ICMA RETIREMENT AND TRUST-457 11/08/2018 700-0000-2009 11/9/2018 ID #304303 152.50 ICMA RETIREMENT AND TRUST-457 11/08/2018 701-0000-2009 11/9/2018 ID #304303 152.49 ICMA RETIREMENT AND TRUST-457 11/08/2018 720-0000-2009 11/9/2018 ID #304303 1.26 ICMA RETIREMENT AND TRUST-457 1,445.83 INDEPENDENT SCHOOL DIST 112 11/15/2018 101-1530-4320 Electricity/gas/sewer and water - Aug to Oct 2018 9,518.59 INDEPENDENT SCHOOL DIST 112 9,518.59 INDUSTRIAL LIGHTING SUPPLY INC 11/08/2018 101-1180-4120 voting booth lights/supplies 54.00 INDUSTRIAL LIGHTING SUPPLY INC 54.00 IUOE Local #49 11/08/2018 101-0000-2004 PR Batch 00409.11.2018 Local 49 dues 448.00 IUOE Local #49 11/08/2018 700-0000-2004 PR Batch 00409.11.2018 Local 49 dues 193.90 IUOE Local #49 11/08/2018 701-0000-2004 PR Batch 00409.11.2018 Local 49 dues 58.10 IUOE Local #49 700.00 J Express LLC 11/15/2018 815-8202-2024 Erosion Escrow - 2530 Orchard Lane 2,500.00 J Express LLC 2,500.00 Jaguar Communications Inc 11/15/2018 700-7043-4310 Nov 2018 phone charges 53.46 Jaguar Communications Inc 53.46 JENSEN HEIDI & JAREN 11/08/2018 700-0000-2020 Refund Check 40.61 JENSEN HEIDI & JAREN 11/08/2018 701-0000-2020 Refund Check 86.85 JENSEN HEIDI & JAREN 11/08/2018 720-0000-2020 Refund Check 13.37 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 6 of 11 Name Check D Account Description Amount JENSEN HEIDI & JAREN 11/08/2018 700-0000-2020 Refund Check 6.07 JENSEN HEIDI & JAREN 146.90 KEENAN & SVEIVAN INC 11/08/2018 815-8202-2024 Erosion escrow-9940 Deerbrook Drive 500.00 KEENAN & SVEIVAN INC 500.00 Lacount Sales, LLC 11/15/2018 101-1320-4120 Batteries 262.69 Lacount Sales, LLC 11/15/2018 101-1550-4120 Batteries 87.56 Lacount Sales, LLC 350.25 Lane Tim & Elise 11/08/2018 815-8202-2024 Erosion escrow-4081 Pipewood Ct 250.00 Lane Tim & Elise 250.00 Lawson Products, Inc.11/08/2018 101-1370-4260 voltage indctor 28.03 Lawson Products, Inc. 28.03 LEAGUE OF MINNESOTA CITIES 11/08/2018 101-1120-4370 regional meeting/preconference MAMA luncheon-Petersen 75.00 LEAGUE OF MINNESOTA CITIES 11/08/2018 101-1160-4220 Adobe Acrobat Pro DC Subscription/processing fee 493.00 LEAGUE OF MINNESOTA CITIES 11/08/2018 101-1160-4220 Adobe Acrobat Pro DC Subscription 364.00 LEAGUE OF MINNESOTA CITIES 932.00 LENTO STEVEN & CAROL 11/08/2018 700-0000-2020 Refund Check 25.80 LENTO STEVEN & CAROL 11/08/2018 701-0000-2020 Refund Check 32.55 LENTO STEVEN & CAROL 11/08/2018 720-0000-2020 Refund Check 11.06 LENTO STEVEN & CAROL 11/08/2018 700-0000-2020 Refund Check 1.96 LENTO STEVEN & CAROL 71.37 Libby Terese 11/15/2018 815-8202-2024 Erosion Escrow - 181 South Shore Court 250.00 Libby Terese 250.00 LIBERTY TITLE INC 11/08/2018 700-0000-2020 Refund Check 91.83 LIBERTY TITLE INC 11/08/2018 701-0000-2020 Refund Check 135.35 LIBERTY TITLE INC 11/08/2018 720-0000-2020 Refund Check 52.50 LIBERTY TITLE INC 11/08/2018 700-0000-2020 Refund Check 9.26 LIBERTY TITLE INC 288.94 Lindstrom Kelly 11/08/2018 720-7025-4701 Total acquisition report-770 Pioneer Drive 1,500.00 Lindstrom Kelly 1,500.00 McGibbon Amanda & Benjamin 11/08/2018 815-8202-2024 Erosion escrow-1430 Hemlock Way 250.00 McGibbon Amanda & Benjamin 250.00 METROPOLITAN COUNCIL 11/08/2018 701-0000-4509 waste water services 152,094.89 METROPOLITAN COUNCIL 152,094.89 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 7 of 11 Name Check D Account Description Amount MEUWISSEN KIM 11/08/2018 101-1120-4380 mileage-Carver county election 36.20 MEUWISSEN KIM 36.20 Midwest Egress 11/08/2018 815-8202-2024 Erosion escrow-6820 Redwing Lane 250.00 Midwest Egress 250.00 MIDWEST PLAYSCAPES 11/08/2018 101-1550-4530 Oval bubble panel and hardware 390.50 MIDWEST PLAYSCAPES 390.50 MINNETONKA AQUATICS, ISD 276 11/08/2018 101-1540-4300 2018 Lifeguard services-Lake Ann Park 31,952.00 MINNETONKA AQUATICS, ISD 276 31,952.00 Minuteman Press 11/15/2018 101-1170-4110 Business Cards 32.00 Minuteman Press 32.00 MN NCPERS LIFE INSURANCE 11/08/2018 720-0000-2011 PR Batch 00409.11.2018 NCPERS-Life Insurance 16.80 MN NCPERS LIFE INSURANCE 11/08/2018 101-0000-2011 PR Batch 00409.11.2018 NCPERS-Life Insurance 44.00 MN NCPERS LIFE INSURANCE 11/08/2018 700-0000-2011 PR Batch 00409.11.2018 NCPERS-Life Insurance 9.61 MN NCPERS LIFE INSURANCE 11/08/2018 701-0000-2011 PR Batch 00409.11.2018 NCPERS-Life Insurance 9.59 MN NCPERS LIFE INSURANCE 80.00 MORTON SALT 11/08/2018 101-1320-4150 bulk safe-t-salt 3,915.77 MORTON SALT 11/08/2018 101-1320-4150 bulk safe-t-salt 4,275.69 MORTON SALT 8,191.46 NORTHLAND RECREATION LLC 11/08/2018 101-1550-4530 snake pole & ladder panel 653.72 NORTHLAND RECREATION LLC 653.72 Pete Boyer Construction 11/08/2018 815-8202-2024 erosion escrow-2565 Highcrest Circle 250.00 Pete Boyer Construction 250.00 PILLER TITLE SERVICES 11/08/2018 700-0000-2020 Refund Check 18.54 PILLER TITLE SERVICES 11/08/2018 701-0000-2020 Refund Check 19.22 PILLER TITLE SERVICES 11/08/2018 720-0000-2020 Refund Check 2.00 PILLER TITLE SERVICES 11/08/2018 700-0000-2020 Refund Check 0.35 PILLER TITLE SERVICES 40.11 Pollard Water 11/08/2018 700-0000-4550 mill dischrg hose whit/gasket/cam & grv coup 1,007.78 Pollard Water 1,007.78 PREMIER TITLE INSURANCE AGENCY INC 11/08/2018 720-0000-2020 Refund Check 10.60 PREMIER TITLE INSURANCE AGENCY INC 10.60 Pulte Group Pulte Homes of MN LLC 11/15/2018 815-8202-2024 736 Maggie Way 300.00 Pulte Group Pulte Homes of MN LLC 11/15/2018 815-8202-2024 742 Maggie Way 300.00 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 8 of 11 Name Check D Account Description Amount Pulte Group Pulte Homes of MN LLC 11/15/2018 815-8202-2024 734 Maggie Way 300.00 Pulte Group Pulte Homes of MN LLC 11/15/2018 815-8202-2024 738 Maggie Way 300.00 Pulte Group Pulte Homes of MN LLC 11/15/2018 815-8202-2024 740 Maggie Way 300.00 Pulte Group Pulte Homes of MN LLC 1,500.00 RAINBOW TREE COMPANY 11/08/2018 720-7202-4300 Roundhouse Park Buckthorn mgmt 712.50 RAINBOW TREE COMPANY 712.50 Roeber Michael 11/08/2018 815-8202-2024 Erosion escrow-1405 Hemlock Way 500.00 Roeber Michael 500.00 Seefeldt Mark & Jennifer 11/08/2018 815-8202-2024 Erosion escrow-7470 Tulip Court 500.00 Seefeldt Mark & Jennifer 500.00 SHERWIN WILLIAMS 11/08/2018 700-0000-4550 paint 44.94 SHERWIN WILLIAMS 44.94 Shipman Melonie 11/15/2018 101-1560-4300 Powerpoint program "WWII on Alaska Soil" 85.00 Shipman Melonie 85.00 SHOREWOOD TRUE VALUE 11/15/2018 101-1180-4120 Voting booth Light starters 3.49 SHOREWOOD TRUE VALUE 11/15/2018 101-1220-4510 Caulk 4.79 SHOREWOOD TRUE VALUE 11/15/2018 700-0000-4550 Endstop, Elbow 20.98 SHOREWOOD TRUE VALUE 11/15/2018 700-0000-4550 Barb Tee 29.99 SHOREWOOD TRUE VALUE 11/15/2018 700-0000-4550 Disconnect Clip, Adapter 9.37 SHOREWOOD TRUE VALUE 11/15/2018 101-1170-4510 Door Stop 4.49 SHOREWOOD TRUE VALUE 11/15/2018 700-0000-4550 Pipe Plug 11.98 SHOREWOOD TRUE VALUE 11/15/2018 700-0000-4550 Coupling 10.99 SHOREWOOD TRUE VALUE 96.08 SIGNSOURCE 11/08/2018 700-7050-4703 Interior ADA room ID sign with vista frame 73.50 SIGNSOURCE 73.50 SOFTWARE HOUSE INTERNATIONAL 11/08/2018 101-1160-4220 BlueBeam License/support renewal 121.00 SOFTWARE HOUSE INTERNATIONAL 11/15/2018 101-1160-4220 Renewal Software Maint Tier 3 2,560.00 SOFTWARE HOUSE INTERNATIONAL 2,681.00 Southwest Suburban Publishing 11/15/2018 101-1180-4340 printing/advertising 364.00 Southwest Suburban Publishing 11/15/2018 101-1614-4340 printing/advertising 263.20 Southwest Suburban Publishing 11/15/2018 601-6038-4340 printing/advertising 57.60 Southwest Suburban Publishing 11/15/2018 700-0000-4340 printing/advertising 201.60 Southwest Suburban Publishing 11/15/2018 720-7201-4340 printing/advertising 581.12 Southwest Suburban Publishing 1,467.52 Spectrum Screen Printing Inc 11/15/2018 101-1600-4240 Polos 98.96 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 9 of 11 Name Check D Account Description Amount Spectrum Screen Printing Inc 98.96 STERLING FENCE INC.11/08/2018 700-7050-4706 black coated chain link/walk gate 2,641.00 STERLING FENCE INC. 2,641.00 T.J. Maurer Construction 11/08/2018 815-8202-2024 Erosion escrow-105 Choctaw Circle 250.00 T.J. Maurer Construction 11/08/2018 815-8202-2024 Erosion escrow-105 Choctaw Circle 500.00 T.J. Maurer Construction 750.00 Tessman Eric 11/15/2018 101-1250-4370 Continuing Education/mileage - April, Oct and Nov 269.44 Tessman Eric 269.44 The Davey Tree Expert Company 11/15/2018 720-7202-4300 Roundhouse park tree removals 2,150.00 The Davey Tree Expert Company 2,150.00 TITLE CHOICE LLC 11/08/2018 700-0000-2020 Refund Check 89.98 TITLE CHOICE LLC 11/08/2018 701-0000-2020 Refund Check 65.80 TITLE CHOICE LLC 11/08/2018 720-0000-2020 Refund Check 8.23 TITLE CHOICE LLC 11/08/2018 700-0000-2020 Refund Check 1.45 TITLE CHOICE LLC 165.46 TITLE MARK LLC 11/08/2018 700-0000-2020 Refund Check 39.69 TITLE MARK LLC 39.69 TITLE SMART INC 11/08/2018 700-0000-2020 Refund Check 2.55 TITLE SMART INC 11/08/2018 701-0000-2020 Refund Check 8.70 TITLE SMART INC 11/08/2018 720-0000-2020 Refund Check 5.13 TITLE SMART INC 11/08/2018 700-0000-2020 Refund Check 0.90 TITLE SMART INC 17.28 TRADEMARK TITLE SERVICES 11/08/2018 700-0000-2020 Refund Check 42.69 TRADEMARK TITLE SERVICES 42.69 TRADEMARK TITLE SERVICES INC 11/08/2018 700-0000-2020 Refund Check 6.96 TRADEMARK TITLE SERVICES INC 11/08/2018 701-0000-2020 Refund Check 14.60 TRADEMARK TITLE SERVICES INC 11/08/2018 720-0000-2020 Refund Check 0.29 TRADEMARK TITLE SERVICES INC 11/08/2018 700-0000-2020 Refund Check 0.59 TRADEMARK TITLE SERVICES INC 22.44 TRI-DIM FILTER CORP 11/08/2018 101-1190-4510 pocket filter/3 ply link 1,106.66 TRI-DIM FILTER CORP 1,106.66 Twin Cities Paddleboard 11/08/2018 101-1540-3635 2018 Lk Ann Paddleborad rental revenue 3,110.00 Twin Cities Paddleboard 3,110.00 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 10 of 11 Name Check D Account Description Amount Twin Cities Siding Professionals 11/08/2018 815-8202-2024 Erosion escrow-7470 Tulip Court 250.00 Twin Cities Siding Professionals 250.00 ULINE INC 11/15/2018 101-1370-4260 Perfed Magnetic 71.46 ULINE INC 71.46 ULTIMATE MARTIAL ARTS INC.11/08/2018 101-1537-4300 Little Tigers Camp 172.80 ULTIMATE MARTIAL ARTS INC. 172.80 United Rentals (North America), Inc.11/08/2018 101-1320-4530 mini excavator/bucket 3,094.88 United Rentals (North America), Inc. 3,094.88 VOELTZ JACOB & BREANNE 11/08/2018 700-0000-2020 Refund Check 12.79 VOELTZ JACOB & BREANNE 11/08/2018 701-0000-2020 Refund Check 20.21 VOELTZ JACOB & BREANNE 11/08/2018 720-0000-2020 Refund Check 4.20 VOELTZ JACOB & BREANNE 11/08/2018 700-0000-2020 Refund Check 0.75 VOELTZ JACOB & BREANNE 37.95 Wall James 11/08/2018 101-1550-4240 jeans/sweatshirt 154.97 Wall James 154.97 Waste Management of Minnesota, Inc 11/08/2018 101-1370-4350 gargabe service-November 97.90 Waste Management of Minnesota, Inc 11/08/2018 700-0000-4350 gargabe service-November 12.24 Waste Management of Minnesota, Inc 11/08/2018 701-0000-4350 gargabe service-November 12.24 Waste Management of Minnesota, Inc 11/08/2018 101-1550-4350 gargabe service-November 372.75 Waste Management of Minnesota, Inc 11/08/2018 101-1170-4350 gargabe service-November 173.94 Waste Management of Minnesota, Inc 11/08/2018 101-1190-4350 gargabe service-November 212.18 Waste Management of Minnesota, Inc 11/08/2018 101-1220-4350 gargabe service-November 26.25 Waste Management of Minnesota, Inc 11/08/2018 101-1220-4350 gargabe service-November 67.89 Waste Management of Minnesota, Inc 975.39 WATERMARK TITLE AGENCY 11/08/2018 700-0000-2020 Refund Check 1.73 WATERMARK TITLE AGENCY 11/08/2018 701-0000-2020 Refund Check 4.00 WATERMARK TITLE AGENCY 11/08/2018 720-0000-2020 Refund Check 3.37 WATERMARK TITLE AGENCY 11/08/2018 700-0000-2020 Refund Check 0.59 WATERMARK TITLE AGENCY 9.69 YEALEY GREGORY & BARBARA 11/08/2018 700-0000-2020 Refund Check 7.19 YEALEY GREGORY & BARBARA 11/08/2018 701-0000-2020 Refund Check 11.83 YEALEY GREGORY & BARBARA 11/08/2018 720-0000-2020 Refund Check 0.58 YEALEY GREGORY & BARBARA 11/08/2018 700-0000-2020 Refund Check 0.47 YEALEY GREGORY & BARBARA 20.07 624,508.84 Accounts Payable - Check Detail-Checks (11/16/2018 - 8:12 AM)Page 11 of 11 Accounts Payable Check Detail-ACH User: dwashburn Printed: 11/16/2018 - 8:12 AM Name Check D Account Description Amount Advanced Engineering & Environmental Services, Inc 11/08/2018 700-0000-4300 2018 SCADA Services Equipment 5,411.10 Advanced Engineering & Environmental Services, Inc 11/08/2018 700-0000-4300 2018 SCADA Services 1,888.05 Advanced Engineering & Environmental Services, Inc 7,299.15 ALEX AIR APPARATUS INC 11/15/2018 101-1220-4530 Quarterly Compressor Air Quality Test 130.00 ALEX AIR APPARATUS INC 130.00 Al-Hilwani Juli 11/15/2018 101-1533-4300 Personal Training 34.50 Al-Hilwani Juli 34.50 BATTERIES PLUS 11/08/2018 101-1190-4510 6v lead 59.85 BATTERIES PLUS 59.85 BENEFIT EXTRAS INC 11/08/2018 101-0000-2012 monthly cobra admin fee-Aug to Oct 156.00 BENEFIT EXTRAS INC 156.00 CAMPBELL KNUTSON 11/15/2018 101-1140-4302 Legal Services 18,374.63 CAMPBELL KNUTSON 18,374.63 CarteGraph Systems 11/08/2018 400-4117-4703 Cartegraph OMS Annual Maintenance 250.00 CarteGraph Systems 11/08/2018 700-7025-4703 Cartegraph OMS Annual Maintenance 250.00 CarteGraph Systems 11/08/2018 400-4117-4703 Cartegraph OMS Annual Maintenance 8,125.00 CarteGraph Systems 11/08/2018 701-7025-4703 Cartegraph OMS Annual Maintenance 8,125.00 CarteGraph Systems 11/08/2018 720-7025-4703 Cartegraph OMS Annual Maintenance 8,125.00 CarteGraph Systems 11/08/2018 700-7025-4703 Cartegraph OMS Annual Maintenance 8,125.00 CarteGraph Systems 11/08/2018 701-7025-4703 Cartegraph OMS Annual Maintenance 250.00 CarteGraph Systems 11/08/2018 720-7025-4703 Cartegraph OMS Annual Maintenance 250.00 CarteGraph Systems 33,500.00 Carver County 11/08/2018 101-1150-4300 2018 assessment contract 141,157.00 Carver County 11/15/2018 101-1160-4320 CarverLink internet/fiber-Dec 540.00 Carver County 141,697.00 CCP NI MASTER TENANT 4 LLC 11/08/2018 101-1220-4320 September 2018 98.73 CCP NI MASTER TENANT 4 LLC 11/08/2018 101-1350-4320 September 2018 2,577.51 CCP NI MASTER TENANT 4 LLC 11/08/2018 101-1540-4320 September 2018 290.10 CCP NI MASTER TENANT 4 LLC 11/08/2018 101-1550-4320 September 2018 309.32 CCP NI MASTER TENANT 4 LLC 11/08/2018 101-1600-4320 September 2018 23.69 CCP NI MASTER TENANT 4 LLC 11/08/2018 700-0000-4320 September 2018 91.44 Accounts Payable - Check Detail-ACH (11/16/2018 - 8:12 AM)Page 1 of 6 Name Check D Account Description Amount CCP NI MASTER TENANT 4 LLC 11/08/2018 700-7019-4320 September 2018 1,443.19 CCP NI MASTER TENANT 4 LLC 11/08/2018 701-0000-4320 September 2018 1,054.31 CCP NI MASTER TENANT 4 LLC 5,888.29 Choice, Inc.11/15/2018 101-1220-4350 cleaning 9/17-10/12 205.86 Choice, Inc. 205.86 COMPUTER INTEGRATION TECHN.11/08/2018 101-1160-4300 services retainer 1,000.00 COMPUTER INTEGRATION TECHN.11/08/2018 400-4126-4703 power supplies, CH core sp switch 1,503.00 COMPUTER INTEGRATION TECHN. 2,503.00 Engel Water Testing Inc 11/08/2018 700-0000-4300 water samples-October 520.00 Engel Water Testing Inc 520.00 FASTENAL COMPANY 11/08/2018 101-1550-4120 Lrg 100 pk nitrile glove 131.30 FASTENAL COMPANY 11/08/2018 101-1320-4560 nylon washer 4.64 FASTENAL COMPANY 11/08/2018 101-1320-4560 coverall 17.46 FASTENAL COMPANY 11/08/2018 101-1320-4560 HCS5/16-18X2 1/2 Z5 8.72 FASTENAL COMPANY 11/15/2018 101-1220-4120 #10F/W S/S, ABL6-4A 34.64 FASTENAL COMPANY 11/15/2018 101-1220-4120 #10x11/16OD FEND, S/S PPH MS 22.05 FASTENAL COMPANY 218.81 GMH ASPHALT CORP 11/15/2018 700-7050-4300 Manchester Cul-De-Sac 9,895.00 GMH ASPHALT CORP 9,895.00 GOPHER STATE ONE-CALL INC 11/08/2018 400-0000-4300 October locates 646.65 GOPHER STATE ONE-CALL INC 646.65 H & L Mesabi 11/08/2018 101-1550-4120 72" bolt on blade 445.24 H & L Mesabi 445.24 HAWKINS CHEMICAL 11/08/2018 700-7043-4160 chlorine cylinder 130.00 HAWKINS CHEMICAL 11/08/2018 700-7043-4160 chlorine cylinder 80.00 HAWKINS CHEMICAL 11/08/2018 700-7043-4160 chlorine cylinder 160.00 HAWKINS CHEMICAL 370.00 Ideal Service Inc.11/08/2018 700-0000-4550 field service labor-Cutler Hammer CPX9000 350.00 Ideal Service Inc. 350.00 Indelco Plastics Corporation 11/15/2018 700-0000-4550 NPP Probe Brackets 890.00 Indelco Plastics Corporation 890.00 Indoor Landscapes Inc 11/08/2018 101-1170-4300 November plant service 187.00 Indoor Landscapes Inc 187.00 Accounts Payable - Check Detail-ACH (11/16/2018 - 8:12 AM)Page 2 of 6 Name Check D Account Description Amount Innovative Office Solutions LLC 11/15/2018 101-1170-4110 Staples, Planner, Apt Book, Calendar 102.75 Innovative Office Solutions LLC 11/15/2018 101-1170-4110 Paper, Folders, Badges 157.67 Innovative Office Solutions LLC 11/15/2018 101-1180-4110 Dispenser, Power Strips 48.34 Innovative Office Solutions LLC 11/15/2018 101-1170-4110 Calculator, Staples, Paper, Labels 128.59 Innovative Office Solutions LLC 437.35 Jasper Engineering & Equipment Co 11/08/2018 700-7050-4706 sitpart PS2 Electropheumatic positioner/position feedback 1,906.05 Jasper Engineering & Equipment Co 1,906.05 JOHNSTONE SUPPLY 11/08/2018 101-1170-4510 bathroom exhaust motor 98.92 JOHNSTONE SUPPLY 98.92 LARSEN DALE 11/08/2018 101-1320-4240 High Vis hoodie 45.15 LARSEN DALE 45.15 MACQUEEN EQUIPMENT 11/08/2018 400-4135-4704 ladder truck build process changes 6,300.40 MACQUEEN EQUIPMENT 6,300.40 Marco Inc 11/08/2018 101-1170-4410 monthly fee 675.65 Marco Inc 11/08/2018 700-0000-4410 monthly fee 100.00 Marco Inc 11/08/2018 701-0000-4410 monthly fee 100.00 Marco Inc 11/08/2018 720-0000-4410 monthly fee 50.00 Marco Inc 11/08/2018 101-1170-4410 overage fee 85.43 Marco Inc 11/08/2018 700-0000-4410 overage fee 11.39 Marco Inc 11/08/2018 701-0000-4410 overage fee 11.39 Marco Inc 11/08/2018 720-0000-4410 overage fee 5.70 Marco Inc 1,039.56 MERLINS ACE HARDWARE 11/08/2018 101-1220-4290 misc parts/supplies 147.55 MERLINS ACE HARDWARE 11/08/2018 101-1320-4120 misc parts/supplies 84.53 MERLINS ACE HARDWARE 11/08/2018 101-1530-4130 misc parts/supplies 13.43 MERLINS ACE HARDWARE 11/08/2018 101-1550-4120 misc parts/supplies 65.81 MERLINS ACE HARDWARE 11/08/2018 101-1550-4150 misc parts/supplies 575.64 MERLINS ACE HARDWARE 11/08/2018 700-0000-4150 misc parts/supplies 30.33 MERLINS ACE HARDWARE 11/08/2018 700-0000-4550 misc parts/supplies 15.61 MERLINS ACE HARDWARE 11/08/2018 700-7019-4120 misc parts/supplies 8.13 MERLINS ACE HARDWARE 11/08/2018 700-7019-4150 misc parts/supplies 3.85 MERLINS ACE HARDWARE 11/08/2018 700-7043-4120 misc parts/supplies 53.60 MERLINS ACE HARDWARE 11/08/2018 700-7043-4150 misc parts/supplies 87.65 MERLINS ACE HARDWARE 11/08/2018 701-0000-4150 misc parts/supplies 9.99 MERLINS ACE HARDWARE 11/08/2018 101-1614-4130 misc parts/supplies 55.64 MERLINS ACE HARDWARE 11/08/2018 101-1220-4120 misc parts/supplies 98.94 MERLINS ACE HARDWARE 11/08/2018 101-1220-4290 misc parts/supplies 35.24 MERLINS ACE HARDWARE 11/08/2018 101-1550-4120 misc parts/supplies 222.44 MERLINS ACE HARDWARE 11/08/2018 101-1550-4150 misc parts/supplies 20.97 MERLINS ACE HARDWARE 1,529.35 Metropolitan Council, Env Svcs 11/15/2018 701-0000-2023 SAC - October 2018 49,700.00 Metropolitan Council, Env Svcs 11/15/2018 101-1250-3816 SAC - October 2018 -497.00 Accounts Payable - Check Detail-ACH (11/16/2018 - 8:12 AM)Page 3 of 6 Name Check D Account Description Amount Metropolitan Council, Env Svcs 49,203.00 METROPOLITAN FORD 11/08/2018 101-1550-4140 pan asy/screen as 119.63 METROPOLITAN FORD 119.63 MN DEPT OF LABOR AND INDUSTRY 11/15/2018 101-1250-3818 Surcharge - October -82.88 MN DEPT OF LABOR AND INDUSTRY 11/15/2018 101-0000-2022 Surcharge - October 4,141.71 MN DEPT OF LABOR AND INDUSTRY 4,058.83 MN VALLEY ELECTRIC COOP 11/08/2018 101-1350-4320 Electricty charges 5,249.76 MN VALLEY ELECTRIC COOP 11/08/2018 101-1600-4320 Electricty charges 33.05 MN VALLEY ELECTRIC COOP 11/08/2018 700-0000-4320 Electricty charges 172.36 MN VALLEY ELECTRIC COOP 11/08/2018 701-0000-4320 Electricty charges 625.92 MN VALLEY ELECTRIC COOP 11/08/2018 101-1350-4320 Electricty charges 85.25 MN VALLEY ELECTRIC COOP 11/08/2018 101-1350-4320 Electricty charges 42.40 MN VALLEY ELECTRIC COOP 11/08/2018 101-1350-4320 Electricty charges 29.96 MN VALLEY ELECTRIC COOP 11/08/2018 101-1350-4320 Electricty charges 218.26 MN VALLEY ELECTRIC COOP 6,456.96 NYSTROM PUBLISHING COMPANY INC 11/15/2018 101-1120-4340 Winter Connection 6,195.55 NYSTROM PUBLISHING COMPANY INC 11/15/2018 101-1120-4330 Postage 1,901.63 NYSTROM PUBLISHING COMPANY INC 8,097.18 Potentia MN Solar 11/08/2018 700-0000-4320 September 2018 1,708.11 Potentia MN Solar 11/08/2018 101-1190-4320 September 2018 3,215.18 Potentia MN Solar 11/08/2018 101-1170-4320 September 2018 2,484.88 Potentia MN Solar 7,408.17 PRAIRIE LAWN & GARDEN 11/08/2018 101-1320-4120 cover, cylinder asy 39.14 PRAIRIE LAWN & GARDEN 11/08/2018 101-1320-4120 chain catcher kit 2.64 PRAIRIE LAWN & GARDEN 11/08/2018 101-1320-4120 gear, bevel/cushion 24.14 PRAIRIE LAWN & GARDEN 65.92 PRAIRIE RESTORATIONS INC 11/15/2018 720-7202-4300 Bluff Creek Prairie Mgmt 440.00 PRAIRIE RESTORATIONS INC 440.00 RICE LAKE CONSTRUCTION GROUP 11/15/2018 700-7050-4751 Chanhassen West WTP 551,633.75 RICE LAKE CONSTRUCTION GROUP 551,633.75 SPRINT PCS 11/15/2018 700-0000-4310 monthly charges 51.72 SPRINT PCS 11/15/2018 701-0000-4310 monthly charges 51.72 SPRINT PCS 103.44 TCIC, Inc.11/15/2018 700-0000-4530 Fcc License 650.00 TCIC, Inc.11/15/2018 701-0000-4530 Fcc License 650.00 Accounts Payable - Check Detail-ACH (11/16/2018 - 8:12 AM)Page 4 of 6 Name Check D Account Description Amount TCIC, Inc. 1,300.00 ULTIMATE CONTROLS ELECTRIC LLC 11/08/2018 700-7050-4706 rewire existing valve positioners to new valve actuators 7,050.00 ULTIMATE CONTROLS ELECTRIC LLC 7,050.00 United Farmers Cooperative 11/08/2018 101-1220-4120 fuel pipe/connector/grommet 16.30 United Farmers Cooperative 11/08/2018 101-1550-4120 return-relube flange/fitting -40.60 United Farmers Cooperative 11/08/2018 101-1320-4240 windshooter 6 inch safety toe-Larsen 161.99 United Farmers Cooperative 11/08/2018 101-1550-4120 link connector 13.62 United Farmers Cooperative 11/15/2018 101-1550-4120 Gasket Exhaust 3.15 United Farmers Cooperative 154.46 UNITED WAY 11/08/2018 101-0000-2006 PR Batch 00409.11.2018 United Way 28.40 UNITED WAY 28.40 VERIZON WIRELESS 11/08/2018 101-1550-4310 cellular phone charges 496.19 VERIZON WIRELESS 11/08/2018 400-4126-4703 cellular phone charges 1,019.94 VERIZON WIRELESS 11/08/2018 101-1520-4310 cellular phone charges 51.60 VERIZON WIRELESS 11/08/2018 101-1600-4310 cellular phone charges 174.00 VERIZON WIRELESS 11/08/2018 101-1530-4310 cellular phone charges 51.60 VERIZON WIRELESS 11/08/2018 101-0000-2006 cellular phone charges 10.00 VERIZON WIRELESS 11/08/2018 700-0000-4310 cellular phone charges 635.84 VERIZON WIRELESS 11/08/2018 701-0000-4310 cellular phone charges 481.10 VERIZON WIRELESS 11/08/2018 720-0000-4310 cellular phone charges 129.84 VERIZON WIRELESS 11/08/2018 101-1160-4310 cellular phone charges 113.20 VERIZON WIRELESS 11/08/2018 101-1120-4310 cellular phone charges 719.83 VERIZON WIRELESS 11/08/2018 101-1170-4310 cellular phone charges 31.90 VERIZON WIRELESS 11/08/2018 101-1260-4310 cellular phone charges 103.81 VERIZON WIRELESS 11/08/2018 101-1130-4310 cellular phone charges 51.60 VERIZON WIRELESS 11/08/2018 101-1250-4310 cellular phone charges 145.10 VERIZON WIRELESS 11/08/2018 101-1310-4310 cellular phone charges 473.48 VERIZON WIRELESS 11/08/2018 101-1370-4310 cellular phone charges 450.37 VERIZON WIRELESS 11/08/2018 101-1320-4310 cellular phone charges 392.73 VERIZON WIRELESS 11/08/2018 101-1220-4310 cellular phone charges 488.31 VERIZON WIRELESS 6,020.44 VESSCO INC 11/08/2018 700-7050-4706 YTC digital positioner transmitter/mounting bracket 10,753.40 VESSCO INC 10,753.40 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 254.15 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 256.70 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/2" minus 185.38 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 254.15 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 tack oil 342.00 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 618.80 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 257.55 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 560.15 WM MUELLER & SONS INC 11/08/2018 420-0000-4751 1/4" fine mix 256.70 WM MUELLER & SONS INC 11/15/2018 720-7025-4751 Pond material 224.00 Accounts Payable - Check Detail-ACH (11/16/2018 - 8:12 AM)Page 5 of 6 Name Check D Account Description Amount WM MUELLER & SONS INC 3,209.58 WSB & ASSOCIATES INC 11/15/2018 701-0000-4300 OMS Facilities Implementation - Sept 2018 4,017.00 WSB & ASSOCIATES INC 4,017.00 WW GRAINGER INC 11/08/2018 700-7019-4150 S Hook, 1/2 In opening 51.24 WW GRAINGER INC 11/15/2018 700-0000-4530 Electric Unit Heater 715.79 WW GRAINGER INC 11/15/2018 700-0000-4530 Mounting Bracket, Wall/Ceiling 74.92 WW GRAINGER INC 841.95 XCEL ENERGY INC 11/15/2018 101-1350-4320 electricity charges 11.31 XCEL ENERGY INC 11/15/2018 700-0000-4320 electricity charges 1,082.82 XCEL ENERGY INC 1,094.13 ZARNOTH BRUSH WORKS INC 11/08/2018 101-1320-4120 5 segment threaded disposable gutter broom 675.00 ZARNOTH BRUSH WORKS INC 675.00 897,459.00 Accounts Payable - Check Detail-ACH (11/16/2018 - 8:12 AM)Page 6 of 6 CITY COUNCIL STAFF REPORT Monday, November 26, 2018 Subject Metropolitan Mosquito Control District (MMCD) 2018 Chanhassen Treatment Summary Section CORRESPONDENCE DISCUSSION Item No: M.2. Prepared By Kim Meuwissen, Office Manager File No:  ATTACHMENTS: MMCD Letter dated November 2018