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CC VER 2020 04 13CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 13, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, Councilman Campion, and Councilwoman Coleman STAFF PRESENT: Todd Gerhardt, Jake Foster, Kate Aanenson, Charlie Howley, Todd Hoffman, and Roger Knutson Mayor Ryan: Alright well good evening everybody. Welcome to our council meeting. I hope that everybody had a happy Easter. Thank you for joining us tonight in what I believe is our first ever virtual meeting in the history of council meetings. For the record we do have all council members present. I am here in the council chambers and 4 of our council members are joining us via Zoom meeting. Our first action is our agenda approval. Council members are there any modifications to the agenda as printed and as I call your name please state yes or no. Councilman McDonald? Any modifications to the agenda? Councilman McDonald. Councilman McDonald: Sorry about that. My mic was on muted. No. Mayor Ryan: Alright. Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No. Mayor Ryan: Councilman Campion? Councilman Campion: No. Mayor Ryan: Alright we will proceed with the published agenda. PUBLIC ANNOUNCEMENTS: Mayor Ryan: First I would like to review the guidelines for this meeting. This is our first attempt at a Zoom meeting so I ask for everybody’s patience as we work through this process. As we go through the agenda I will be asking each council member for a verbal acknowledgement throughout the agenda item and then ask for a roll call vote if required before Chanhassen City Council – April 13, 2020 2 moving to the next agenda item. No council member will be holding or discussions on the side through the Zoom applications. All discussions will be made public. Two of our agenda items do include presentations or comments from the applicant and we will follow the same format that we have always used for our council meetings. We have coordinated with each of the applicants to join us via Zoom meeting. This is new for all of us but I am confident in our ability to do this successfully as we have an outstanding IT team that has really worked hard to getting us prepared so thank you to them. Before we dive into the agenda I would like to again acknowledge the great work of our city employees who have kept the city running effectively. From City Hall staff, our first responders, to the public works and park maintenance crews, thank you for your hard work. It’s amazing to think that one day we’re sweeping streets and the next day we are plowing those same streets so we can only do that in Minnesota but thank you for your hard work. Thank you also to the many volunteer organizations, church groups, individuals and our amazing senior commission for helping those in need. Chanhassen is an amazing community whose neighbors continue to look out for each other. And to those on the front lines, our medical professionals as well as our teachers, thank you for all that you do to improve our lives and those of our children. We will continue to work through this together and I again encourage all of you to go to our website and utilize the resources that are available should you need any support. I know that these are trying times but please know that there are people available to help. Administratively we are still operating under the Peacetime Emergency Declaration and asking residents to follow the shelter in place executive order put forth by Governor Walz. Social distancing. Staying at home are so important for all of us to remain safe and healthy and get through this challenging time so I thank you for your diligence. CONSENT AGENDA: Mayor Ryan: Council members are there any items that you would like to consider separately? Councilman McDonald? Councilman McDonald: No. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No. Mayor Ryan: Councilman Campion? Councilman Campion: No. Mayor Ryan: Could I get a motion to approve consent agenda. I’m asking for a motion. Chanhassen City Council – April 13, 2020 3 Councilman McDonald: I’ll make the motion to approve the consent agenda. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Councilwoman Tjornhom: Second. Mayor Ryan: We’ll give that to Councilman Campion. 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 March 9, 2020 2. Approve Special City Council Minutes dated March 20, 2020 3. Resolution #2020-19: Municipal State Aid Street Funds Advance 4. Approve Arbor Day Poster Contest Winners 5. Resolution #2020-20: Approve Consultant Agreement for Materials Testing on City Project 20-02, Minnewashta Parkway Rehabilitation 6. Approve Radio Replacements for Utility Billing System 7. Resolution #2020-21: Lake Lucy Road Rehabilitation Project No. 20-03: Accept Feasibility Study; Call Public Hearing 8. Resolution #2020-22: Accept Bids and Award Contract for the 2020 Sealcoat Project 9. Approve Purchase, Park Equipment Replacement Schedule for Power Hill Park and Lake Ann Park Beach 10. Approve City of Chanhassen Temporary Policies and Guidance Response to COVID-19 Pandemic All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Chanhassen City Council – April 13, 2020 4 Mayor Ryan: Next we have visitor presentations. Visitor presentations are included with each of our regularly scheduled council meetings. Recognizing that with the shelter in place order you may not feel comfortable attending this meeting and we encourage you to stay at home out of an abundance of caution for those of us who are in the council chambers. We did create an email address and the link is on our website to submit questions or comments. The council chambers is open if you would prefer to come in at future meetings. We do not have anyone in the chambers tonight nor did we receive any emails this past week. But at this point in our meeting is where I would have asked and answered those questions. We will continue to have this available at our next meeting as well because we want to make sure that we still provided our residents an opportunity to participate without having to come to chambers if they are not comfortable in doing so. We still have a Citizen Action Request form available online if your request includes a specific action item from City Council or staff and we did not receive any of those t his past week either so no visitor presentations this evening. APPROVE AMENDMENT TO OPTION AGREEMENT – 195 WEST 79TH STREET. Mayor Ryan: Next is old business and I’m operating off of many different sheets here so I appreciate your patience. Next is old business and it’s to approve the amendment to an Option Agreement and Ms. Aanenson I will pass this to you. Kate Aanenson: Thank you. This item is regarding the purchase agreement signed by Mr. Matthew Rosati to buy the property that the City owns at 195 West 79th Street. So his intention was to develop a brewery and that purchase agreement stated that he must close on the property on June 10th, 2020 so in order to close on the property he was required to submit a site plan but we have been working with his architect and Mr. Rosati and are making good progress but he submitted a letter requesting additional time based on the circumstances today. He’s also put some additional information for some of the factors of why he would like an extension. So I’ll let him talk a little bit about that but I want to point out for the City Council that we did have the attorneys draft an extension letter so that extension would be for 3 months and it would go through September 10th and that’s, that would be what we’re asking you to approve tonight is the amendment to the option for purchase to September 10th. So I believe Mr. Rosati is available for questions if the council has any questions of him. Mayor Ryan: Thank you Ms. Aanenson. Before, Mr. Rosati before I turn it over to you to make a few comments I will again go down the line and ask council if you have any questions for Ms. Aanenson. Councilman McDonald? Councilman McDonald: I have one question. In reading the letter do I understand that an addit ional option for him to be able to sell the property…is included in this motion? Kate Aanenson: I don’t believe that’s how it’s structured. He’s still the purchaser. He just has some investors with him and then he would work with them and retain the property but I’ll let you ask Mr. Rosati that question. Chanhassen City Council – April 13, 2020 5 Matthew Rosati: Now I’m working correct? Mayor Ryan: Go ahead. Matthew Rosati: Hi. I was hoping to actually add a clause where if I had a developer come in, purchase the land and build the building that we’ve been working towards I would like that added to the clause. Just based on what’s been going on it’s become a lot bigger project than I had initially planned a year ago. Development is just another beast that I’m not 100 percent familiar with so it’s definitely been a large learning curve. I have had a few developers recently, I was hoping to actually have a contract signed by the end of March but with the COVID-19 they’ve all kind of put a 6 month hold on anything right now spending any money so I’m kind of scrambling to talk to other developers or either other investors so whether it’s company or private I have a few people I’ve talked to. It’s just more of kind of starting all over. The industry, the hospitality industry has really struggled since the shut down and not too many people are willing to actually put a time into a project that includes hospitality so I kind of lost a lot of ground in the last month and that’s kind of why I’m asking for an extension. To be honest with you I’m not even sure if 3 months we’ll actually be able to, will be enough time at this point just because of how much time it is pushing projects back. Whether it’s construction or new businesses. Kate Aanenson: I was going to see if Todd wanted to. Mayor Ryan: Mr. Gerhardt? Todd Gerhardt: Matt this is Todd Gerhardt, the City Manager for the City of Chanhassen. So be it months, be it 6 months, the purchaser of the land would be Frontier Land Holdings LLC. Matthew Rosati: That was the original plan. That’s correct. When I had been a couple, a couple different things that I’ve talked to other developers. They said that they were like loan Frontier LLC the money to purchase the land and then I would transfer it over to the actual developer or if I could actually get verbiage in the contract where they can purchase it for the actual Holding Company instead of kind of the shell game. Transferring money from one account to another. Todd Gerhardt: Yeah. Currently the purchase agreement doesn’t call for the transfer of property from the City to anybody but Frontier LLC. Frontier Land Holdings LLC so you know we don’t know who that other potential person is or their financial background or anything like that so there’s no assignment rights in the purchase agreement and I’m only saying that for the council’s benefit and for any input that the City Attorney would want to give. Roger Knutson: Mayor, members of the council. This amendment changes the date to September 10, 2020. It does not authorize the assignment of this agreement to anyone else. Chanhassen City Council – April 13, 2020 6 Mayor Ryan: So to clarify Mr. Knutson then it would in September he can’t transfer or sell to anyone else? It has to be to Frontier Land Holding. Roger Knutson: We have to sell it to them. That’s what this agreement provides period. Todd Gerhardt: Once he owns it then he can do whatever he wishes to do. Roger Knutson: Yes. Todd Gerhardt: You know call it a shell game or whatever but our agreement is with Frontier Land Holdings. And it’s nice that he shares that with us so. Roger Knutson: Yes once he owns it he can sell it to someone else. Todd Gerhardt: Yep. Roger Knutson: We only have to sell it to him. Matthew Rosati: I’m not trying to sell it to someone else. It’s just more of starting a business and developing land are, they’re tasks in itself and for one person like me just to try and start a business and then also try and develop a land is definitely become a very, it’s just a large undertaking. I’m proud of what I’ve accomplished. I mean it was just a year ago that I was writing an RFP for the City and at this point, you know less than a year since I’ve actually was signed the actual agreement. I was almost bring a site plan to the City so it’s definitely a lot of work has gone into this. It’s just for me back in January I realized how much work it is and also what I’m going to need to do to actually complete it by myself and it’s just not something that at this point that I would be able to do. But I could, but I can if I have a developer purchase the land and build the building for me and lease it from them and still be able to accomplish, open our brewery with the designs that myself and my architect have done and potentially purchase it later on down the line. I’ll try to get that in the purchase or the agreement with the actual developer. Mayor Ryan: Anything else Ms. Aanenson before I move to the next council person? Kate Aanenson: No. I think probably just to get a feel so everybody can hear. Mayor Ryan: Okay perfect. Thank you. Councilwoman Tjornhom any questions or comments? Councilwoman Tjornhom: Not at this time. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No I’m good. Chanhassen City Council – April 13, 2020 7 Mayor Ryan: And Councilman Campion? Councilman Campion: I do have a question and I don’t know if this is for Roger or Todd but my question is, so if he, if we grant him the extension to September, between now and then if he did come back with this specific party. You know try to sell it to a particular developer, is that something we could consider between now and September? What is the council procedure? Roger Knutson: Mayor and council you could agree or not agree to an additional change to the option agreement. Todd Gerhardt: Now or into the future. Roger Knutson: Yeah until the period time is up. Yes. Mayor Ryan: Anything further Councilman? Councilman Campion: No. Mayor Ryan: Ms. Aanenson I have a quick question and it’s I guess in line with what Mr. Campion just said and Mr. Rosati made reference that to as well. If it, this may go beyond the 3 months and looking more like 6 months. Is it then the Council’s authority to continue to grant these extensions? Kate Aanenson: Yep. Roger Knutson: Yes. Mayor Ryan: Okay. So we could revisit this again in September. I know that a lot of it has to do with the COVID situation and banks lending and you know there’s a lot that goes into it so we would be able to re-evaluate it at that time. You know see what happens over the course of the next 3 months and I know Mr. Rosati you’ve been in touch with Ms. Aanenson and working through all this and I know you know that fro m the outpouring of support from the folks in Chanhassen and the surrounding areas how much they want to see this come to fruition so I just encourage you to continue to work with Ms. Aanenson as we move through this process. Matthew Rosati: I definitely appreciate it, thank you. Mayor Ryan: Council members any further questions or either the applicant or staff? Councilman McDonald? Councilman McDonald: No further questions. Chanhassen City Council – April 13, 2020 8 Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No further questions. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No further questions. Mayor Ryan: And Councilman Campion? Councilman Campion: No further questions. Mayor Ryan: Alright with no further questions could I get a motion please. Councilman Campion: I’ll make a motion. Mayor Ryan: Councilman Campion. Councilman Campion: Mayor I propose that the City Council approves an amendment to the Option Agreement for 3 months to September 10, 2020. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: I’ll second the motion. Mayor Ryan: Alright Councilwoman Coleman with a second. We have a valid motion and a second. Councilman Campion moved, Councilwoman Coleman seconded that the City Council approve an amendment to the Option Agreement for 3 months to September 10, 2020. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you Mr. Rosati for coming and joining us on our historical Zoom meeting. Matthew Rosati: Yeah this is awesome. I definitely appreciate it. Us in the jail we actually we with our admin through Zoom as well so it works out really well. I appreciate all your hard work too. Mayor Ryan: Great, thank you. Continued luck and we’ll look forward to connecting here shortly. Matthew Rosati: Sounds great, have a great night. Chanhassen City Council – April 13, 2020 9 Mayor Ryan: Thank you, you too. AUTHORIZE REFUND OF A PORTION OF ON-SALE LIQUOR LICENSE FEES; APPROVE 2020 LIQUOR LICENSE RENEWALS. Mayor Ryan: Alright next is new business and we have the authorization of refund of on-sale liquor license. That’s Mr. Gerhardt. Todd Gerhardt: Mayor and council. The item before you is our on-sale liquor license fees for all our restaurants and bars in Chanhassen and as a part of the motion staff is asking that due to COVID-19 that since our on-sale liquor stores and restaurants have been closed that we provide a refund of their liquor license for the months at which they’ve been closed and that refund would occur at the time that they would re-open so staff is recommending the refund and approval of the attached list of liquor licenses and direct staff to do background investigations and to do the new operating managers and sign the necessary documentation for the State. Mayor Ryan: Alright thank you Mr. Gerhardt. We will go down the line for questions for Mr. Gerhardt. Councilman McDonald? Councilman McDonald: No questions. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No questions. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: Yes just one quick question. I know that the Governor has been approached about potentially allowing restaurants to do carry out wine and beer. Would this be lifted in that event or only when t hey’re fully opened and operational? Todd Gerhardt: My recommendation would be until they’re fully open. I think they may derive a small portion of liquor sales as carry out portion of their business and I think that would be, I would hope for a short period of time but it’d be my recommendation to do it once their doors are open. Councilwoman Coleman: Great, thank you. Todd Gerhardt: And the total refund for 2 months is approximately $15,000 for all our restaurants and bars. Or 3 months, sorry. Ma yor Ryan: Anything further Councilwoman Coleman? Chanhassen City Council – April 13, 2020 10 Councilwoman Coleman: No further questions. Mayor Ryan: Councilman Campion? Councilman Campion: No questions at this time. Mayor Ryan: Alright I do not have any additional questions so with that I would stand for a motion. Councilwoman Tjornhom: I’ll make a motion. Mayor Ryan: Alright, Councilwoman. Councilwoman Tjornhom: Yes I’d like to make a motion that the City Council adopts the resolution authorizing a refund of a portion of on-sale liquor licensing fees and approves the 2020 liquor license renewals as listed on the attached sheet contingent upon receipt of all necessary documentation and satisfactory background investigations of new operating managers. Mayor Ryan: Thank you Councilwoman Tjornhom. We have a valid motion. Is there a second? Councilman McDonald: I’ll second. Mayor Ryan: Thank you Councilman McDonald. We have a valid motion and a second. Resolution #2020-23: Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council adopts the resolution authorizing a refund of a portion of on-sale liquor licensing fees and approves the 2020 liquor license renewals as listed on the attached sheet contingent upon receipt of all necessary documentation and satisfactory background investigations of new operating managers. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: Alright that motion carries 5-0. I saw Councilman McDonald give a thumbs up so that helps too. APPROVE A REQUEST TO REZONE PROPERTY LOCATED NORTH OF WEST 78TH STREET AND WEST OF LAKE ANN PARK FROM RURAL RESIDENTIAL DISTRICT (RR) TO HIGH DENSITY RESIDENTIAL DISTRICT (R-16), LOT CONSOLIDATION AND SITE PLAN REVIEW WITH VARIANCES FOR THE CONSTRUCTION OF A 48 UNIT CONTINUING CARE RETIREMENT FACILITY. Mayor Ryan: Next we have under new business the approval to rezone the property on the north of West 78th Street. Ms. Aanenson. Chanhassen City Council – April 13, 2020 11 Kate Aanenson: Yep that’s me, yep. Thank you. Members of the City Council, Moments of Chanhassen, the applicant Civil Site Group is Patrick Sarver and owner TMSC of Chanhassen LLC Elizabeth Wright and they’re both on, following this item too. The property address is, there’s two properties. 1620 and 1660 Arboretum Boulevard. This item did appear before the Planning Commission on February 4th. So they’re asking for a couple items. Rezoning of the property from Rural Residential District to the High Density Residential District, lot consolidation and site plan review with var iances and the intent is to construct a continuing care facility. So the property is located on West 78th Street and located here. The park is just immediately to the east of it and access via West 78th Street. I just want to give a little context for this site. So this property was formerly in 1989 owned by Natural Green Landscaping and the business was moved and the site was restored to more of it’s natural state. With the upgrade of Highway 5 and the construction on the frontage road there was excess right-of-way that was actually acquired by Southwest Transit which is one of their rights they can do when there’s excess right -of-way from a MnDOT project. So in looking at this site the development is very challenging because of the topography, the wetlands, the shoreland district, access to sewer and water and access also off of West 78th Street which is challenging here. So while Southwest Transit, they owned it. They brought in a number of applicants. There was potential for a entertainment center. Kind of a venue. We saw a lot of different things that really didn’t fit on the site for a lot of different reasons. Sometimes it was traffic generations. Sometimes it was the hard surface coverage so having said that when this project came forward we felt like this really was best suited for the site based on trip generation and their ability to kind of model the site, or mold the site to fit on the property. So the developers made a number of compromise and the staff has supported it with some of the variances. So again it’s a continuing care facility. So just to go through the rezoning because I think sometimes we forget how that works so the rezoning has to be consistent with the land use designation so right now it is currently residential low density, or excuse me agricultural but it is guided for high density residential which is what this application is. I also wanted to show our Comprehensive Plan because we get asked this a lot. Are we following how many senior housings do we need so this is what in our recently approved 2040 Comprehensive Plan when we looked at service enriched projects. So this will bring our total to 159. As you’re aware the Avienda project is also advancing and they’ll have some senior housing too so there’s about 157 available as we look for the year, out to the year 2040. Again we’re trying to diversify our different housing stock so this we call service enriched so it falls in that bucket. So again there is sufficient capacity in the City’s plan for that. So the existing conditions. Again the site, as I mentioned before is complex. There’s multiple wetlands. A creek within it so that falls within the Shoreland District which also limits the hard surface coverage and then there’s also height requirements within that so the parcel’s, the project includes two parcels. So one of the things that we’re requiring is that it be consolidated into one parcel. So this illustrative drawing just shows how the building sits on there with kind of the creek and the wetlands are on the site so again that was some of the complexities of working on the project. Again the site plan itself. So the 65,000 square foot continuing care facility takes up about 34.5 percent of the 35 percent so it’s, it was very, very close to meeting the hard surface coverage but they made it work. Again there was a lot of work put in through their engineering Chanhassen City Council – April 13, 2020 12 and architectural staff to make it work and again we’ve been working with the watershed district on this and multiple meetings as did the applicant too to work through some of the balancing of the wetlands in the back and I’ll show you that in a little bit too. So one of the variances was also the front parking. We reduced that in order to allow the site to work and that was one of the variances too and I’ll go through those in a little bit more detail. So this is the front of the building. Again it’s a highly articulated building. The Planning Commission unanimously really thought highly of the architecture and I’m going to ask our AV person to see if they can show the materials sample on the table top. We practiced this. We’ll see if we can make that work. I do have the actual materials. Wait for it, yay. So there’s the material samples there. Again high quality materials. So it ’s a terraced style again kind of working at the grading. Because this is memory care there’s a lot of visual aspects out the back of the building which I’ll show here. The landscaping in the back and the wetlands so again fitting in the needs of the end user of the building. So here’s a little bit more detail of the materials. Can we go back to the camera? There we go. So the back of the building is really again for the end users of the building. Materials. Signage. So access coming off of West 78th Street, I’ll show you a little bit more detail on that. The parking. So this again is some of the area that was compromised here and a variance given to make that fit on the site. Again this use fits well in that the number of parking stalls is minimal as compared to when we looked at the event center when you had a lot more traffic coming in and also when you’re looking at some of the peak hours coming down West 78th and peak demand, it fit in really well so they accomplished it by surface parking and then also some underground parking to meet the standards. So the only variance then would have been on the frontage. The landscaping itself. So the parking, that was one of the issues that was brought up and the Planning Commission discussed it too while they were giving the variance. It’s very well landscaped and articulated. We’ve done this in other areas where we’re, on Highway 5 frontage where we’ve asked or the applicant has asked for relief and through additional landscaping created that buffer so staff felt good about that. So again the nexus for the variance would be that they put additional landscaping in there. So the access management, that was one of the things that was looked at too and in accordance with the city code driveways have to, having access off collector roads require a turn around so again that was one of the things that they spent a lot of time working on. One of those things that we thought we were there and then we realized you know how are we going to make that work for emergency vehicles and the like so that also was accommodated and you can see how that works on the site plan. A little bit more detail. So utilities. This was one of the challenges that was out there too for sewer and water connection. The sewer actually has to tie into the Metropolitan Council’s sewer so it’s a little bit longer run to actually connect to the sewer but sewer and water are available and so that can be accomplished and again meeting the city ordinance. Storm water. There’s stormwater treatment on the site via infiltration pond and so they’re meeting all those standards and have met with the watershed district and gotten their approval. So the one other variance that we talked about was the averaging. So the buffer averaging is supposed to be, is proposed to be 20 foot minimum width adhered to so that’s, you can see this, what made it difficult to get the side in. Be able to provide the turn arounds. Eliminate the parking so this was the impact, wetland impact and then the buffer averaging there to meet the setbacks. Depending on the type of wetland, the Manage 1 or 2, it’s 30 feet for the primary structure and then the staff was Chanhassen City Council – April 13, 2020 13 recommending the 5 foot setback be adhered to. So the fire department also wanted to make sure there was a controlled access point coming out the back of the building. That there was a hard surface landing to com out the back so a lot of little changes that were, that had to be made so you can see where that, they wanted to make sure there’s a 5 foot clear zone there to be able to, if they had to get to the back of the building. So again one of the little changes that was made. Mayor Ryan: And how would they access that? Kate Aanenson: Through the back there, looking at a sidewalk to the back. Hard cover. Todd Gerhardt: So they wouldn’t physically drive back there? Kate Aanenson: No. Todd Gerhardt: It would be hauling hose or. Kate Aanenson: Yeah, yeah. So grading proposed in a wetland buffer, we talked a little bit about that. Landscaping plan has to be updated to address the reforestation of the buffer and then the grading proposed outside limits, temporary construction easements. Those are requirements are in the staff report again for adherence and then these are standards that would go into our site plan agreement for disturbance of more than an acre they need NPDES permit and their SWPPP. Those are standard construction practices. So with that the applicant are here. Elizabeth, the owner is also on the line and she’s got another pro ject in Lakeville so I’d like you to hear a little bit from her but we are recommending approval. We’re excited to bring this project forward because we’ve been working on this site for a long, long time and I think it’s a good fit but I think if you have questions they’re both available. Mayor Ryan: Okay thank you Ms. Aanenson. Normally we would go to council questions first but you said that Ms. Wright has to get to another meeting tonight. Kate Aanenson: No they’re available tonight. Mayor Ryan: Oh they’re available tonight, okay. Sorry. With that then council are there any questions of Ms. Aanenson before we ask the applicants to speak. Councilman McDonald? Councilman McDonald: No. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornho m: No. Mayor Ryan: Councilwoman Coleman? Chanhassen City Council – April 13, 2020 14 Councilwoman Coleman: No. Mayor Ryan: Councilman Campion? Councilman Campion: No. Mayor Ryan: I have a few but I’d wait to, let’s hear from the applicants and then I’ll follow up with some of my questions. Welcome Ms. Wright and Mr. Sarver. Are you both there? Elizabeth Wright: Yes I’m here. Mayor Ryan: Welcome. If you would like to share a little bit about your project we’d love to hear from you. Elizabeth Wright: I would love to. The first thing I want to do is take a minute and thank everyone involved on the city side of getting us to where we’re at right now. It was truly a partnership. I guess working together and understanding what the needs of the City are and we’re thrilled that the Planning Commission passed us forward and I believe at this point we’ve tried to clear up as much of any of the outstanding issues that may have existed at that Planning Commission. I want to tell you a little bit about the Moments. Moments is a memory care community but it’s more than that. Where do I start? Back in 2014 I was presented with an opportunity to potentially get into the memory care industry and it was, seemed to be a perfect fit. I had two grandparents who both passed away due to dementia and I was in real estate for a number of years and I own a construction company so it provided me an opportunity to try to make a change and one of those changes was seeing what really needs to go into memory care and it’s not just about the beautiful building that we have down in Lakeville but it’s about the people that work in that building and the residents and their family members. I think of this process as a partnership which I said earlier and when I say that I mean that when we had the opportunity to build in Lakeville, going through that process with the City of Lakeville was amazingly, it was informative. It was really a great process and we really built a great partnership and we feel like we’re a part of that community. For me coming to Chanhassen is something that I’m thrilled about in part because for probably about 15 years I was a resident of Chanhassen so it feels like coming home again. So for me the opportunity to build in Chanhassen is something I look forward to. But The Moments itself, when I had the chance to go tour around the country and look at a number of other communities and really try to pick and choose what we wanted to see, we landed on several items that we see as being carried forward throughout any one of the Moments as it gets built. A lot of that is natural light circulating rhythm type of things where we have in the new, or the existing building in Lakeville we’ve got our high vaulted ceilings with so much natural light and if you ever go to the website that’s all natural. We also believe in infloor heating throughout for the residents and up to 6 air changes an hour which what’s going on right now having that clean air is extremely important so we’ve been as technologically advanced as possible. But like I said for us, for me it’s a beautiful building. It’s a beautiful building but if you don’t have that staff inside taking care of those Chanhassen City Council – April 13, 2020 15 residents it’s just another building so what we enjoy and what I’m forward to is the opportunity to bring this to Chanhassen and provide that level of care and that level of love that we showed the residents of Lakeville and as a matter of fact the City of Lakeville just approved at the end of 2019 and we started construction on an expansion of our existing campus to add 60 additional memory care units so we just started that construction last month. But what we look forward to is bringing that and bringing jobs to Chanhassen. We believe in, we don’t have anything less than a CNA for direct caregiver which is important for you to understand. We also have 24 hour nursing. We’ve got LPN’s on 24 hours a day and we’ve got the resident, or I’m sorry the Director of Nursing is an RN so we look forward to it. Again I appreciate everything that’s been going on with these strange times we’re living in right now for you all to get this on your agenda and hopefully allow us to bring the Moments to Chanhassen. I’d truly appreciate it. Mayor Ryan: Wonderful, thank you Ms. Wright. Mr. Sarver is there anything you’d like to add as well before I turn it over to council for any questions? Talk about the design and architecture of the building. We’d love to hear your thoughts as well. I saw you earlier. Matt Kerr: Patrick I think you might be muted on your end there. Patrick Sarver: Okay am I here now? Kate Aanenson: There you are. Patrick Sarver: Can you hear me? Kate Aanenson: Yes. Mayor Ryan: Yes. Patrick Sarver: Oh excellent, alright. Technology on this side so, it’s going to tough to follow Elizabeth. She did such an elegant job explaining the process and it’s been an honor to work with them throughout their two projects that they have going there and then the opportunity to work on this one in Chanhassen. Can you hear me? Todd Gerhardt: We can hear you but we can’t see. Kate Aanenson: There we go. Todd Gerhardt: Now we can. Patrick Sarver: I think the challenge is the video, I’m going to take my headphones off and hold on. I apologize about this. Mayor Ryan: That’s okay. Chanhassen City Council – April 13, 2020 16 Patrick Sarver: It worked a second ago I thought. Well. Todd Gerhardt: We got you. Patrick Sarver: Now can you hear me? Mayor Ryan: Yeah. No put them back on. Todd Gerhardt: Put it back on, there you go. You’re good. Patrick Sarver: Okay. Alright thank you very much. It’s been a pleasure working with Chanhassen, the staff and the Moments in adding to their projects. We’ve been working on this for a little over a year and a half and it’s been a thrill. Staff has been wonderful guiding us to where we’re at. Working with the Watershed. I’m convinced we’ve got a much better project for the amount of time that we’ve been involved in it and I’ll stand for any questions. Mayor Ryan: Perfect thank you. Council I’ll go through again and ask any questions of either the applicant or Ms. Aanenson. Councilman McDonald? Councilman McDonald: Not at this time. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: Not at this time. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: Yes just one question for Kate Aanenson was reading through the packet and I know it mentioned that a couple of members of the Planning Commission had some concerns that were addressed. Can you quickly go through those concerns? Kate Aanenson: Yes. Thank you. I actually had a slide on that too. So when it did come before the Planning Commission and the Minutes are a little more detailed of that but two commissioners voted no of not supporting the project. They all agreed in the architectural and overall layout but they were concerned about the variance request and I think the 3 that were in favor felt like they were warranted and again as I mentioned this is a remnant piece of property and it’s really pinched by a lot of other natural features so the property that’s surrounding it is over 100 acres so we felt like the, because of those constraints the lot remnants that the, and the rest of the Planning Commission did too so that was the vote on the 4 to 2. Did that answer your questions Councilwoman Coleman? Councilwoman Coleman: Yes thank you. Chanhassen City Council – April 13, 2020 17 Kate Aanenson: I meant to bring that up, thank you. Mayor Ryan: Before I get to you Councilman Campion I just want to follow up on Councilwoman Coleman’s comments. What specifically about the variance? Kate Aanenson: Well I think they felt like, because of the back of the wetlands that that impact, they didn’t want to see that happen on the other property. Mayor Ryan: Okay. Kate Aanenson: And so, and then the frontage one also, there’s so much more land that it didn’t need to have the same variances because there’s enough room to work there and this is really a pinched piece with the creek the way it touches down so they felt like they don’t want to give a variance that may set a precedent to the one next door. Mayor Ryan: Okay. Thank you. Councilman Campion? Councilman Campion: No questions. Mayor Ryan: Alright Ms. Aanenson could I just go back to that. I was obviously reading through the Minutes from the commission meeting and so I know that one of the bigger concerns was the, you know impeding into the bluff and some of the restoration that was going to take place. Is that, when Ms. Wright was talking about some of the things that they came back with and the change of their landscaping plan, I felt like that was one of the more contentious conversation points of the meeting is the landscaping. Kate Aanenson: I would agree and I think that’s, I think Ms. Wright addressed how that was being handled. I think part of it was the illustrations at that meeting weren’t probably not reflective of what they were trying to accomplish so working with the watershed district and working through the City’s Forester, getting that plan revised and the watershed district we believe met the intent of what the majority of the Planning Commission wanted. Mayor Ryan: And did they provide, I know there was somewhat of a design. What can you show on your power point what was changed or what was added? I know there was some on the front as well as the back and then around the perimeter of the building. Kate Aanenson: So I think illustratively that, so if you look at the back of the building, I think this drawing here. Let’s see from the back here. This is that edge of the wetland so that was some of the wetland characteristics that they wanted to enhance. So I think this is larger than, so if you look at this drawing there’s not that much space. It’s more like this and so and those will all be, those are some, when we put the site plan agreement together they’ll have to put security Chanhassen City Council – April 13, 2020 18 in place to make sure that that covers the replacement that they have to put in place and that will be inspected and we hold the security for that. That they have to be built as drawings show. Mayor Ryan: Okay. Kate Aanenson: So there’ll be a definitive plan showing all that. Mayor Ryan: So the top picture isn’t correct. It’s the bottom picture. Kate Aanenson: Correct. Mayor Ryan: Is what is the correct vision. Kate Aanenson: Correct. Yeah, yeah. Yep so one’s more looking at the building. One’s more looking at the landscape. Mayor Ryan: Okay gotch ya. And then there was a lot of conversation I think that had to do with the turn around in the parking lot and pinch points. There was a lot of question on that. How was that remedied with the parking lot? Did any of the, did the design actually end up changing? Kate Aanenson: Yeah so this is showing how it works. So that one has to be reviewed by the City Engineer or the Fire Department to make sure that that turn around radius works and we believe that meets that so. Mayor Ryan: So by approving this tonight are we approving that drawing or is it going to then be reviewed again? Kate Aanenson: It’ll be reviewed again before they issue the permit, correct. Mayor Ryan: Okay, okay. Todd Gerhardt: Mayor and council members what this does, it’s a drawing that engineers use to show that a semi or a normal vehicle can make the maneuver into the site without going to oncoming traffic so if you could show that drawing again. So that shows the movement of each of the automobiles that it can make the maneuvers within their lane to get into the site. Mayor Ryan: And is that the access to the underground parking or is that just a parking lot there? Kate Aanenson: There’s additional parking. Mayor Ryan: Okay. Chanhassen City Council – April 13, 2020 19 Kate Aanenson: And access to the underground and kind of the service area. That would be on this. The mic’s not on. That would be going this way to the underground service area. Mayor Ryan: Okay. Kate Aanenson: But as the City Manager said that would allow us so you don’t have to back out onto this. So you can back up here. Mayor Ryan: And is that for staff parking? Resident parking? Kate Aanenson: There is staff underneath. There is guest parking over on that farthest end so. If you go back to the original parking and maybe Elizabeth or Patrick may want to address. Mayor Ryan: I just thi nk it’s the ease of parking for elderly visitors possibly. You know it’s hard to turn your neck and see behind you and I guess I get a little bit nervous about some of the movement. Kate Aanenson: Sure, maybe Patrick or Elizabeth could answer that question. Patrick Sarver: I’d be happy to. This is Patrick. The graphic that we were referring to or we were pointing at earlier, that was proving that the fire truck, that the Chanhassen large size fire truck will be able to drive into the site and that’s essentially what that graphic was showing. From an operation standpoint the parking that’s nearest the front door, those will be maintained to open so that there convenience to the visitors and the guests that do come so that they’ll be able to utilize the closest access to the doors. Employee parking is available underneath and then we’ll also be whatever extra parking is needed, those employees will be encouraged to park at the farthest spots away. Mayor Ryan: Okay perfect, that makes sense. I appreciate the clarification on how that, how the parking was laid out. Kate Aanenson: Yeah I think the Planning Commission discussed too. There’s a sidewalk in front here too to get so if there is. Mayor Ryan: There is okay. Kate Aanenson: Yeah to the front door, yeah. Mayor Ryan: Okay. And you said there is a sidewalk in the back as well? Kate Aanenson: Well they talked about a landing for the. Chanhassen City Council – April 13, 2020 20 Patrick Sarver: There will be, this is Patrick again. There will be a sidewalk that’s added to the back again at the request of the Fire Marshal for exiting from the rear door. That was the concern and so I mean if you look at the site the pinch point, it’s that elevated wetland in the back that really constricts. There’s a lot of elements that need to happen through the middle. It’s the wetland piece. It’s the building. It’s two way traffic and parking at an entrance that all, that pinch point is essentially in the, it bisects the site and so the challenge, this has been a challenge for the entire site is how can you get everything, how can you make it feel accessible and easy to get in and out of as much as possible while responding to a natural feature that you’re trying to, and it’s been a credit to the staff and to the watershed and to the Forester and everybody involved to be able to come up with a compromise solution that I think fits the site really well. Mayor Ryan: Perfect thank you and then my final question just has to do with the, you know there was some concern about just the water. You know the runoff I know with a lot of, I think it was Commissioner McGonagill who mentioned that the development to the north and then eventually other t hings getting developed in this area, the impact to the watershed and what were some of the comments from the watershed? Kate Aanenson: Sure so this is the stormwater basin on this side and then there’s also a proposed rain garden so they worked through the watershed district on that and I believe that’s what Mrs. Wright talked about too is getting a better project by going back to the watershed district and refining that. Mayor Ryan: Okay, and that was one of the changes that was made since the commission? Kate Aanenson: Yep and then how they’re treating that for the abstraction correct. Mayor Ryan: Okay perfect. Thank you. Thanks for the clarification on all those points. Council any other questions? Councilman McDonald? Councilman McDonald: No further questions at this time. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No further questions. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No further questions. Mayor Ryan: Councilman Campion? Councilman Campion: No questions. Chanhassen City Council – April 13, 2020 21 Mayor Ryan: Alright with no further questions I would stand for a motion. Councilman McDonald: I’ll do the motion. Mayor Ryan: Alright Councilman McDonald. Councilman McDonald: I propose that the Chanhassen City Council approves an ordinance rezoning property from Rural Residential District to High Density Residential District (R-16), lot consolidation and approves a resolution for site plan review with variances for the construction of a 48 unit continuing care retirement facility, The Moments of Chanhassen as shown in plans dated January the 6th, 2020. Revised February the 18th, 2020 subject to the conditions of approval and adopts the Findings of Fact and Recommendations. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Ryan: Councilman Campion with the second. We have a valid motion and a second. Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approves an Ordinance rezoning property from Rural Residential District to High Density Residential District (R-16), lot consolidation and approve Resolution #2020-25: for site plan review with variances for the construction of a 48-unit continuing care retirement facility (The Moments of Chanhassen), as shown in plans dated February 18, 2020, subject to the following conditions of approval and adopts the findings of fact and decision: 1. REZONING The City Council approves an Ordinance for Planning Case #2020-02 to rezone 3.5 acres of property zoned RR, Rural Residential District, to R-16, High-Density Residential District, and adoption of the Findings of Fact. 2. SITE PLAN APPROVAL The Chanhassen City Council approves a resolution for site plan consisting of a 65,000 square- foot continuing care facility with wetland and front yard setback variances, Planning Case #2020-20, for The Moments of Chanhassen as shown in plans dated January 6, 2020, revised February 18, 2020, and including the attached Findings of Fact and decision, subject to the following conditions: Engineering Chanhassen City Council – April 13, 2020 22 1. A turning movement analysis utilizing the largest anticipated design vehicle shall be provided to ensure there is adequate spacing and no conflicts within the required turnaround, the driveway entrance/exit, and with the traffic control devices located on West 78th Street (raised median, pavement striping, etc.) prior to the issuance of building permits. 2. An updated existing condition survey shall be submitted with revised plans that include the full extents of the construction limits for review and approval by the city prior to recording of the Site Plan Agreement. 3. A minimum five-foot setback shall be adhered to at all times along the wetland buffer. 4. Revisions and updates to the erosion control plans and SWPPP shall be submitted to meet the requirements of the NPDES Construction Permit and Sec. 19-145 of City Code prior to the commencement of grading activities. 5. The applicant shall submit updated plans and modeling to provide for the required abstraction and obtain a RPBCWD permit prior to the issuance of building permits. 6. The applicant shall provide an operation and maintenance plan (O&M) for the private stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be approved by the Water Resources Coordinator, or their designee, to be recorded against the benefiting properties, prior to building permits being issued. 7. 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.). 8. The applicant will be required to enter into a maintenance agreement with the city for the proposed inside drop within the MCES’ manhole prior to issuance of building permits. 9. All proposed sanitary sewer lines will be privately owned and maintained, thus no manholes shall be located within public right-of-way. Environmental Resources 1. The applicant shall remove the existing trees within the grading limits along the west property line. Fire Marshal 1. Show any lower level exit doors and egress paths outdoors away from the building. This type of development cannot omit lower level exit doors. Planning 1. All rooftop and ground equipment must be screened from views. Chanhassen City Council – April 13, 2020 23 2. The applicant must prepare a lighting plan and include photometrics. Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. The applicant has not submitted a light fixture design. This fixture must be downcast and the light cut off at a 90-degree angle. The City Code requires all fixtures be shielded. 3. Approval of the site plan applications is contingent upon approval of the rezoning and variances. 4. The monument sign may not exceed 24 square feet in area nor be higher than five feet. The sign shall be located 10 feet from the property line. A sign permit is required before construction of the sign. 5. Sign illumination and design shall comply with ordinance. 6. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 7. Approval of the site plan is contingent upon consolidation of the two parcels into a single zoning lot. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: We have approved the motion 5-0 and thank you both for being here, Ms. Wright and Mr. Sarver. I appreciate you being here and Ms. Wright welcome back to Chanhassen. Welcome home. Elizabeth Wright: Thank you so much. I’m very excited. Patrick Sarver: Thank you so much. It’s been a pleasure. Kate Aanenson: I also want to thank Sharmeen Al-Jaff who really, really worked hard on this. This was a very complex project and both the developer and the staff worked really hard to make this happen. There was a lot of work put into it from all the departments including engineering so a lot of work on everybody’s part so very exciting. Mayor Ryan: Well great team effort again so thank you for staff’s hard work and thank you both for your interest in being in Chanhassen. We’re happy to have you. Elizabeth Wright: Thank you. Have a good night. Mayor Ryan: Alright thank you for joining us. Have a good night. Chanhassen City Council – April 13, 2020 24 2020 CITY PAVEMENT REHABILITATION PROJECT NO. 20-05: ACCEPT FEASIBILITY REPORT: CALL PUBLIC HEARING. Mayor Ryan: Alright next on our agenda is the 2020 city pavement rehabilitation project. Mr. Howley. Charlie Howley: Thank you Mayor, council. Alright thank you very much. Okay 2020 Street Rehabilitation Project. We refer to this as City Project 20-05. According to our 5 year pavement management plan the 2020 streets considered under this project are highlighted on the map in front of you in the yellow. It amounts to 6 ½ miles, plus or minus of street that we want to rehab in one way, shape or form along with some minor utility improvements while we’re there. We’ll do some spot curb and gutter replacement because this isn’t considered a full reconstruction so we’re not ripping everything out and redoing everything but there will be some curb and gutter replacement. There will be some valve repairs on the watermain. Some I and I improvements for the sanitary sewer and some storm sewer structure and draintile work for the storm sewer. There shouldn’t be any trail or ADA ped ramp improvements necessary as part of this project. The next few slides are kind of zoomed in. Of the 6 neighborhoods there’s a lot of data on these slides. I don’t pretend you to read through it but essentially what it says is highlighted in green would be the roads in question broken out by neighborhood. We show on these slides when the streets were originally constructed and then the individual roadway OCI segments and that is a ranking of what, how good the condition of the pavement is for lack of a better word. So Trappers Pass is a big area. We’ve subdivided it into east and west for the purposes of these slides. The west side was originally constructed 25 to 35 years ago. It was done in phases. It wasn’t done all at once. The east side of Trappers Pass was all about 35 years old. The next neighborhood is Marsh Drive. This was constructed about 34 years ago. An area off of Lake Lucy that was done 28 to 32 years ago. Again done in phases. The Redwing Lane project area is about 40 years old. The Choctaw Circle project area about 42 years old. And then Kurvers Point Road project area about 29 years old. A summary of what we’ve done is we’ve commissioned both a consulting engineer to prepare the feasibility report to date. A geotechnical engineer was hired to do soil sampling and give pavement recommendations based on the underlying soils and the condition of the pavement. The bituminous layer thicknesses and overall pavement depths in conjunction with the existing OCI were used to evaluate and make an engineered determination regarding the appropriate rehabilitation technique for each area. Four of the six areas were recommended to receive a full depth reclamation. You’ll see the term FDR. What full depth reclamation is, is it’s taking whatever pavement, bituminous pavement there currently is. Let’s just say it’s 4 inches and pulverizing it with a big machine completely and also grabbing a portion if not all of the underlying aggregate base and mixing all that up to give you kind of a good new base on which you then would pave new bituminous over the top. And four of the areas listed there, Trappers, Marsh Drive, Lake Lucy and Kurvers would be recommended for a full depth reclamation. The other two areas, Choctaw and Redwing the recommendation is for a traditional mill and overlay where in that method we just basically carve away say half of the bituminous section that’s there and then pave over top of whatever’s underneath it. So it’s a less expensive, less intrusive but a less permanent rehabilitation technique. The watermain Chanhassen City Council – April 13, 2020 25 rehabilitation that we would do would be most of the valves that are in the area are of an age that the bolts on valves were mild steel and thus overtime and the corrosive soils in the Chanhassen area, these bolts can degrade to the point that a valve could blow apart and we get a watermain leak so we want to be proactive. Open cut them and replace the bolts with stainless steel. We don’t necessarily replace the entire valve because the valve itself is operational but we just do the bolt replacement. These areas don’t have any cast iron watermain which is an older pipe material that was used so there shouldn’t be any main pipe replacements on the watermain. And there hasn’t been a history of reoccurring breaks in these areas and so we think the water system itself is generally in good condition. Sanitary sewer. The pipes were televised and analyzed. The data shows that there’s not any major pipe replacements that’s needed nor manhole replacements. But some of the manholes and primarily the castings we may do some spot repairs and replacements to again respond to A and A related items. Inflow and infiltration. Trying to keep the ground water and surface water out of the sanitary sewer. Stormwater. From a dashboard review of emergency overflows for the ponds in these neighborhoods and back yards and side yards and what have you we looked for any potential flooding concerns. None were identified. However during final design we will put boots on the ground and do some more detailed field survey to verify that we don’t have any flooding potential that could be corrected with this project. The streets department staff did review storm manholes and catch basins and identified any repairs needed there. And the project does, the various neighborhoods fall across the city and therefore some of them lands in Minnehaha Creek watershed district and some in Riley-Purgatory but nonetheless the method of rehabilitation does not trigger a need to do additional water quality treatment or rate control because we’re not adding impervious surface. We do need to maintain erosion and sediment control permitting but no BMP’s are required to be added. The budget summary from the CIP for these areas. We’ve got an available budget of about $3 ½ million including the utility funds. Based on the rehabilitation techniques that are recommended. This is how the cost laid out. The total is just over $5 million and so you can see where the scope of this project exceeds our available budget. The reason being that the budget was set where it was, where it was developed solely on doing mill and overlay and not full depth reclaim and certainly not reconstruction. So the more expensive technique is what’s raising the cost to the $5 million. So what we did is we looked at this to see well what, how much can we do to fit within our budget and as of right now, and again I’d like to note these are just feasibility level estimates subject to change of course but 3 of the areas, Trappers Pass, which is the largest area and a high priority. The Choctaw Circle and the Redwing Lane areas, those 3 according to the estimates we have now can fit within our budget and would be the recommended areas to move forward with. The assessments for the 6 different neighborhoods are listed here and the method of rehabilitation, you’ll notice the mill and overlays are obviously less expensive in the assessments than the full depth reclaim. We did want to keep each neighborhood separate when we talked about assessments. We think that’s the fair way to do it based on the scope being different in one neighborhood to the next so we didn’t go down the path of doing one common assessment for all 6 areas. We didn’t think that was the fair to do it. And depending on how the ultimate project moves forward, if it ends up being the 3 projects this year and the other 3 projects get deferred to subsequent years we would only assess the current year projects and we would assess the other ones. So the recommended improvement summary is to, as of right now Chanhassen City Council – April 13, 2020 26 think that we can move forward with the 3 neighborhood areas identified using the recommended rehabilitation techniques. The remaining 3 would get deferred and we would look at our 21 street rehabilitation program. Not only with what we had in the plan but also adding these 3 that were deferred but I’ll say again that once we get through final design and we will move forward with final design for all 6 neighborhoods regardless if we think we’re only going to do 3, our consultant contract is for all 6 and it’s, we can do the final design and just roll them up and put them on the shelf to be used again in the future. But we would like to revisit exactly what’s in the scope upon our final design and if we get a little better numbers based on the estimates and less contingencies and if the bidding climate is different, which is a bit of a wild card with the COVID-19 situation we’re in, and the potential that we might be able to, if we’re close to adding a fourth neighborhood in we could bid one out as an add alternate and maybe if the bids come in good we can do it yeah, but we don’t have to do it but at least we could get a price for it so I’m thinking that might be a good position to be in when we get to the bidding phase of this project. Here’s a proposed schedule. If we move forward tonight and hold the public hearing, that would be at the next council meeting on April 27th. And again that would be for all 6 neighborhoods and we would order the final plans and specifications at that point. We would come back about a month later and approve the plans and specs and authorize ad for bid. We could do a bid opening in the middle of June. We would hold a neighborhood meeting at the end of June. We could award the construction contract and do an assessment hearing in July. Early July. Start co nstruction in late July and be complete by Thanksgiving time. So the proposed motion in front of you would be that the City Council accept the feasibility report for the 2020 city pavement rehabilitation project number 20-05 and call for a public hearing to be held on April 27th, 2020. And I’ll stand for questions. Mayor Ryan: Thank you Mr. Howley. We will follow the same process to, I’ll ask every council member if they have any questions for Mr. Howley. We’ll start with Councilman McDonald. Councilman McDonald: No questions at this time. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No questions at this time. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No questions from me at this time. Mayor Ryan: And Councilman Campion? Councilman Campion: I have one question. Mayor Ryan: Go ahead. Chanhassen City Council – April 13, 2020 27 Councilman Campion: So this might be more of a Greg question. Considering the challenges of COVID-19 and you know some economic challenges that residents might be facing, I’m curious if there’s anything we can explore to potentially being somehow more, more lenient with payment terms than usual or something of that nature. I’ve heard some residents made comments to me in that vein just considering the challenges people that are facing anything from furloughed to reduced pay to you know a fully reduced income in the house. Todd Gerhardt: Mayor, council, we did look at you know potentially delaying it a year and the assessments and you’ve got a couple of things that come into play. These assessments would show up on people’s taxes in 2021 so you’re about a year away from the first payment to being made and delaying it one year in the assessments, we were looking anywhere from a half million dollars to about $750,000 in additional costs in delaying it for one year and, but we can give you more details on that during the assessment hearing process what that true cost is of waiting until 2022 to receive those assessments. And the key thing is, is getting some of the prepaid assessments that lessens the cash for the following year’s work that would be available. Having enough cash in the fund to do the next year’s projects. Those are just some of the things but we can detail those out, itemize them for you during the assessment hearing. Councilman Campion: Okay. Mayor Ryan: Anything further Councilman Campion? Councilman Campion: No I’ll just be interested to hear more details along those lines as this progresses. Mayor Ryan: Okay thank you. I have a question, kind of comment. What, my first question is in terms of the full depth reclamation, what is the then life span of a road versus the mill and overlay? So before you have to do any work on it again. Charlie Howley: Well Madam Mayor, I can give you a general answer knowing that there are specifics involved in construction of streets that have an impact such as subgrade conditions, drain tile. Was the road built appropriately to begin with? And so even a full depth reclaim is considered kind of a maintenance and not a full recon. But I would say traditionally a mill and overlay should buy you about 20 years. So a full depth reclaim could buy you say 30 years. So it’s 50 percent longer would be a rough way to think about it. Mayor Ryan: Right. And the full depth reclaim comes into play because the road is in worst condition or it’s the utilities associated with the roads? Charlie Howley: Yep Madam Mayor, nothing to do with utilities. It has to do with the condition of the existing road and there are some roads out there that are beat up bad enough that you literally can’t peel away a top and have a stable bituminous to pave again. You think of it as a, Chanhassen City Council – April 13, 2020 28 like a graham cracker that you crush and it’s just all splintered and you try to take away some of it and then try to pave on top of it. It just, it’s like paving on top of mush. Mayor Ryan: Right. Charlie Howley: So we looked very closely at the geotechnical corings and we tried to do mill and overlay wherever we could and for example the Redwing Lane is a 40 year old roadway and we still can do a mill and overlay when all the data says that the road has got to get rebuilt after 50 years and you’re supposed to mill and overlay it at 20 years. We got 20 more years out of a road for whatever reason and we’re still able to do a mill and overlay so that’s why I’m hedging my answer about how much more life we’ll get out of it because they’re all speculative to begin with. Mayor Ryan: Right, that makes sense. Charlie Howley: And you can’t know until you get there and analyze it and each road is going to be different but I would just say 50 percent longer in your estimated life with doing an FDR and a mill and overlay. Mayor Ryan: And then we were looking at the 2020 plan, and this all comes back to the kind of internal challenge that I’m having because last year as you know, I know you came in towards the end but we had a lot of conversation around the franchise fee and the justification for doing a franchise fee and I mean I think if I said it once I probably said it a dozen times. We’re going to have this franchise fee. Next year we’re going to be able to do you know 7 miles of road. We’re going to do these mill and overlays because they’re going to, you know we’re going to be able to do more streets. Double the miles. Do more streets and then we’re going to have the extension of these streets because mill and overlays will last 20 years or whatever that timeframe is. And now we’re coming back and we’re only doing half that amount. Little less than half that number of miles. The number of roads and now we’re continuing to bump what we were going to do this year into next year and now I feel like here comes the snowball effect of we’ve implemented this franchise fee yet we’re not, and I understand that what we discovered in the exploration process. That the roads need more work. You know it’s just, it’s a challenge for me because here we’re supposed to be doing these roads. You know the X miles of roads and now we’re, I feel like we’re going back a little bit on that and we’re now pushing it into the year so whatever we bump into next year then whatever’s in next year is getting bumped so I’m challenged with that quite a bit and so my question off of that is, did we look throughout the rest of the city to say okay well maybe, even though we had identified these roads maybe there are other roads that we can take a look at to do mill and overlay so we can you know one, get more miles of road in and two, just looking to Councilman Campion’s point, even though it might not come up on your taxes until 2021, they’re still substantially less of a financial impact to a homeowner than a you know the full depth recon. Recon, am I saying that right? Charlie Howley: Reclamation. Chanhassen City Council – April 13, 2020 29 Mayor Ryan: Reclamation. And so you know it’s less of a financial impact maybe on residents. We’re getting more bang for our buck as we had promised our residents so I’m wondering if there’s, if we looked across the city to see if there’s more mill and overlays that we can do. Charlie Howley: Madam Mayor I’ll answer that two ways. Number one, this year’s budget I think is a tiered implementation of the franchise fee where this year we had $2.4 million while we throttle it up because it wasn’t a full year of franchise revenue so next year is kind of the amount we’re projecting as okay this is what we have to work with moving forward and I think it’s $3.6. So the reason why we can’t do as much this year is kind of a result of that but I would say to answer your second question. No we haven’t but I plan to and I know one of the KFS goals was to look at our 5 hear pavement management program and maybe get some more input from the council about how we said what goes in what years and how should we prioritize this so it was just too late in the game for 2020 to look at that before we let the feasibility report and started this ball going. Mayor Ryan: Right. Charlie Howley: So I am going to look at that and I am going to think long and hard about a better plan to potentially get more miles done because we have lots of roads in the city that are perfect candidates for a mill and overlay. Wouldn’t cost as much and then it’s the balancing act. Okay well we could do that but then the really, really bad roads are just sitting there decaying away, sorry and so we have to make the best decision possible so in 2020 I don’t think it was looked at that way but it’s my goal to look at it that way. And also think a little harder about understanding if a mill and overlay is a good candidate for a certain neighborhood rather than just assuming that it is because that’s kind of where we’re at now is we assumed we could do 7 miles of mill and overlay and we can’t. Based on the plan that had 2020 roads so my charge was to follow the 2020 plan because it was already in the plan and I couldn’t change it so I hear what you’re saying and I think for ’21 we absolutely can look at it that way but that’s not how ’20 was looked at unfortunately. Mayor Ryan: Okay well the problem, and one second Mr. Gerhardt. The problem is, is that I know that I said we’re going to be doing 7 miles of roads and we have presentations that said we’re going to be doing X miles of roads and this is what the plan is for next year and I understand plans change and I understand that the feasibility put it out but you know then these are the calls that I get that well now we’re paying a franchise fee. I didn’t know anything about the franchise fee is you know is the other part of it which then we explain that there were plenty of meetings and now you’re not even doing as many roads and now the whole plan that was laid out has changed and yes we change plans and need to be flexible based on what we discovered through the you know the exploratory process but I still challenged by, by what we committed to our residents and what we’re going to get accomplished last year but Mr. Gerhardt you had a comment. Chanhassen City Council – April 13, 2020 30 Todd Gerhardt: Just to the point that Charlie, Mr. Howley pointed out is that we didn’t derive full franchise fees until this month and we started the 2020 pavement management study 6 months ago and, and you know and as you go through that process it’s like peeling an onion and when you get to the middle of it like 2 months ago you find out oh my gosh we’re up above our estimate for what we proposed to do and what we can tell the residents is that we are spending every dollar that we are taking in in 2020 to spend on 2020 roads and so we didn’t receive 100 percent of all the franchise fee but we are spending 100 percent of the money brought in so we’re stockpiling it. We’re not holding it to the next year. We’re spending everything that is in that pavement management program this year. Unfortunately 6 months ago we included some reclamation projects in there and which you know you saw the dollar amounts per assessments. It costs more per square mile to do those than a typical mill and overlay and what we know now we wish we would have known 6 months ago and unfortunately we can’t go back and do that and we are doing some projects. You know I can’t honestly sit here and say if we don’t do some of those reclamations now they become a full depth reconstruction in one year because I think a reclamation is almost a full depth reconstruction just short of digging out the sub-base. What we’re doing is taking that whole pavement structure and milling it down to fines and then compacting that down into those poor soils which is causing that reclamation project to be needed and so that’s how our pavement management program works. We’re always 6 months behind in our research when it gets down to the final dollar amount and until you do those feasibility studies you’re working on an unknown for dollar amount. So but to Charlie’s point we will try everything we can to see if there are some other mill and overlays that we can do to do more miles and delay some of the reclamation so we can get more mileage in. But I just want everybody to know that we are spending all of the money that’s in that account and not stockpiling or leaving any for next year. Mayor Ryan: And Mr. Gerhardt you said that, so you will, so at our next meeting you’ll be able to offer or share if there’s other mill and overlays that we can do instead of the recon or reclaim? Todd Gerhardt: Isn’t that what you said? Charlie Howley: Mayor no. Todd Gerhardt: No? Charlie Howley: For ’21. Todd Gerhardt: Oh for ’21. Charlie Howley: Yes. Todd Gerhardt: Okay. Charlie Howley: We can approach it if that’s. Chanhassen City Council – April 13, 2020 31 Todd Gerhardt: Yeah I thought you said, I didn’t know how you were going to do it in ’20. Charlie Howley: Yeah no. Todd Gerhardt: But I thought maybe you did some additional research in the interim. But Madam Mayor, council members it takes a feasibility study and do those core samples of those roads to figure out if it needs a mill and overlay or a reclamation or a total reconstruction and we have a 5 year inventory of our roads so we worked on the 2020 roads based on the CPI of those roads. The pavement inventory index and so that’s how these roads rose to the top based on their worst conditions in the city. So I’m sorry I misunderstood Mr. Howley’s comments that he was going to look at additional but for next year maybe we can do more mill and overlays than we were planning I think was his point. Charlie Howley: Yes we would target in our plan update which we plan to update our pavement management plan, the 5 year CIP pavement plan every year and it could change from year to year to year and if the direction or the best intentions of spending our money wisely is to do more mill and overlays, yeah we can massage that plan. But it’s not just drawing lines on a map and saying yep we’re going to do these mill and overlays. There has to be, yo u have to know that it will work and right now I think unfortunately we made some assumptions that certain roads could be a mill and overlay when they can’t. Mayor Ryan: Right. Charlie Howley: I mean that’s the science of it right there. Mayor Ryan: And my concern is that next year you have no mill and overlays again laid out. There weren’t any mill and overlays for next year. It was all going to be recon so I come back to my concern and while I understand we’re spending all the money on our roads. I’m not suggesting otherwise. It’s just that you know now we keep bumping it back how many we’re doing. You know and that was really the justification behind why we needed this franchise fee and the dollar amount and it was obviously a lengthy conversat ion so I think we to really look at that 5 year plan a little bit closer and it is a concern. It remains a concern of mine so at the next, could you, I don’t know who is in charge of the power point presentation. Charlie Howley: I got it. Mayor Ryan: But the timeline for that, okay thank you. So for the, on May, no on April 27 th when you propose to hold the public hearing will it include only the 3, by approving this tonight you’re saying the only ones that we would even consider are the 3 that you proposed or we would look at all of them and then pick which ones we want to do? Charlie Howley: Yep. We’re bringing all 6 to the next meeting for sure. Chanhassen City Council – April 13, 2020 32 Mayor Ryan: Okay. Todd Gerhardt: Do you have to designate a certain, which ones or you can designate which ones, well that’s the hearing so it’s when you award bid that you would select which ones you would construct. Charlie Howley: No. The date that we would need to. Todd Gerhardt: Do the bid alternate on. Charlie Howley: Yes. The date where we would need to make those decisions about what projects are in and are going to go out to bid would be internally we would do it like the second week of May in time for the May 25th council meeting because that’s the council meeting that we authorize here’s the project we’re putting out for bid. And in there it will either be 3 or 4 or 4 and add alternate or 3 and an add alternate or all 6 or what have you. So the next meeting we won’t make that decision. We’ll make it in the month of May and formalize that decision on May 25 th. Todd Gerhardt: Yep. Mayor Ryan: But the public hearing is going to be for all of them. Not just the 3 that you recommended. You recommend here Redwing Lane, Choctaw Circle and Trappers Pass. You’re going to also include the Lake, I think it was Lake Lucy. What were the other ones? Charlie Howley: Lake Lucy, Marsh Drive and Kurvers Point. Mayor Ryan: And so those are all going to be part of the public hearing next week? Charlie Howley: Yes. Mayor Ryan: Mr. Knutson I felt you wanted to say something. Roger Knutson: At some point you have to be adopting a resolution approving the project and so I suppose you can put some contingencies in that approval. But if at your next meeting you order the project you’ve ordered the project. You order plans and specifications then you’ve decided what project it is subject to whatever conditions you want to put in that approval such as getting reasonable bids. Mayor Ryan: And that would be done at the next meeting? Roger Knutson: Yes. Chanhassen City Council – April 13, 2020 33 Mayor Ryan: Okay. Charlie Howley: We could be creative in how we word that approval and ordering of the project yes. Mayor Ryan: Okay. Council I will go down the line again and see if there’s any further questions based on some of the commentary. Councilman McDonald? Councilman McDonald: No. No questions right now, no. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: No questions. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: No questions at the moment. Mayor Ryan: And Councilman Campion? Councilman Campion: No more questions at this time. Mayor Ryan: Okay. Thank you council. With that I would stand for a motion. Councilwoman Tjornhom: I’ll make the motion. Mayor Ryan: Councilwoman Tjornhom. Councilwoman Tjornhom: I make the motion the City Council accepts the feasibility report for the 2020 city pavement rehabilitation project number 20-05 and calls for a public hearing to be held on April 27th, 2020. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: Second. Mayor Ryan: Councilwoman Coleman with a second. We’ll do a roll call vote. Resolution #2020-24: Councilwoman Tjornhom moved, Councilwoman Coleman seconded that the Chanhassen City Council accepts the feasibility report for the 2020 City Pavement Rehabilitation Project No. 20-05 and calls for a public hearing to be held on April 27, 2020. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Chanhassen City Council – April 13, 2020 34 Mayor Ryan: That motion carries 5-0. Thank you Mr. Howley. COUNCIL PRESENTATIONS. Mayor Ryan: Next we have, are there any council presentations? Councilman McDonald? Councilman McDonald: Yes your honor. I’d like to bring up a subject. I attended a meeting today via phone concerning Southwest Transit and also the south, or the Suburban Transit Association. We went through what the impact of the virus COVID-19 has had on public transportation within our areas. The general consensus is everybody’s at about 95 to 97 percent down. Southwest Transit kind of put it this way. Our ridership right now is kind of reduced to a bus taking people down to a Twins game. So that’s one bus completely full and that’s spread out over the entire day so we really don’t have a lot of riders. The majority we do believe are again health care workers or someone who was again considered an essential employee in an essential industry. We’re looking right now the federal government’s going to provide a stimulus to public transit. We’re trying to get what the rules are for that. There seems to be a lot of confusion as to what the money can be used for. One of the problems that we’re running into right now is that transit’s major source of funding has been new car sales and also car rentals all of which at this point as of roughly March the 15th have been going down after it looked as though we were ahead of last year’s projections but everything changed in March. So we’re kind of scrambling as to how we’re going to provide public transit going forward. At this point we’re all kind of in the dark because we don’t know how long the shut down’s are going to last. We don’t know what the impact is going to be. Currently Southwest in order to keep people employed we have teamed up with PROP for Eden Prairie, Second Hand Harvest I believe for Chanhassen and Chaska and what we’re doing is we are delivering groceries and food to individuals. We’re also as far as the Prime is concerned at this point we’re not really collecting fees and we’re not the only one. It looks like public transit throughout the country has gone away from collecting fees in order to reduce the interaction of riders with drivers and the handling of money and all of those things. We’re also at this point looking at how are things going to change with public transit going forward. There’s a lot of ideas out there. Right now at least Southwest we haven’t settled on a direct way to go but if the impact within our community is that right now public transit is really kind of up in the air. We don’t know what’s going to happen. Like I say ridership is down. We’re trying to maintain as many drivers as we possibly can so that when this gets turned around we’re not suddenly caught with a shortage of drivers because they’ve moved onto something else. So it’s a very challenging time for all of public transit at this point. In order to you know continue to provide services to our communities and to continue to make transit a viable component within the communities. As things begin to shake out more in the future I’ll make further reports to council but at this point we’re still in business. We’re trying to adopt to all the new ways and all the new norms at this point and there’ll be further changes being made. The other thing that happened back in March is that the station in Eden Prairie, Southwest Station was demolished so now it’s set up for construction of the light rail which is continuing to go forward. That has not been impacted at all by any of this so at some point light rail will be coming to Eden Prairie. But for right now I just want everybody to Chanhassen City Council – April 13, 2020 35 know that yeah these are very difficult times I think for public transit. We’re trying to find our way through it and I’ll report on more as I know more. Thank you. Mayor Ryan: Thank you Councilman McDonald and would like to extend appreciation for your hard work in working with them and obviously Len I know he’s been talking to as many people as possible and I know Senator Osmek is also advocating on his behalf and have been in touch with, I’ve been in touch with him trying to you know do what we can to make sure that those federal dollars come through Met Council and get in the right hands so appreciate your advocacy on behalf of Southwest Transit. I’d also like to say how much we appreciate the service to the community particularly with Second Harvest Food Shelf and PROP which also serves, serves Eden Prairie but does serve Chanhassen residents as well and that partnership I know has proved to be invaluable to our residents that really need those groceries delivered so for them to utilize you know their buses and you know that service to provide for our residences is really remarkable and just please again extend our appreciation to Len on behalf of the City so thank you for that report Councilman McDonald. Councilman McDonald: You’re welcome. Mayor Ryan: Councilwoman Tjornhom? Councilwoman Tjornhom: Nothing. Mayor Ryan: Councilwoman Coleman? Councilwoman Coleman: I just wanted to briefly once again say thank you to all of our medical professionals, first responders and essential employees that are out there working so hard for all of us during this time. That’s just all I wanted to say really quick. Mayor Ryan: Perfect, thank you very much Councilwoman. Councilman Campion. Councilman Campion: No reports. Mayor Ryan: Could you say that one more time please? Councilman Campion: Sorry about that. No reports. Mayor Ryan: Okay thank you. I thought that’s what you said but I just wanted to clarify. And I don’t have anything to report either. Again before we just finalize through the administration and correspondence discussion. Again just our appreciation for your patience with all of us as we navigate these new waters and thanks for the residents that are doing the sidewalk chalk and putting things up in their neighborhood and reaching out to each other and we heard from our Jill Sinclair that folks are out on the trails pick ing up trash and everybody’s just doing what they can Chanhassen City Council – April 13, 2020 36 to look out for each other and take care of each other in these tough times so we will get through it together and really appreciate everybody’s patience during this time so thank you for that. ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Anything in the Administrative Presentations? Todd Gerhardt: Mayor, council I have two items. I definitely want to thank Rick and Matt in putting on this Zoom meeting and the council for being receptive to participating in the Zoom meeting. I think as this being our first live broadcast I think you did a fantastic job. I also would like to thank Kim for her help and Kate in getting some of the logistics laid out so we could get through the agendas and so big thank you to all of staff that’s been involved in this. And also I’d like everybody to know that this is, we’re getting into that time of season for severe weather and this week is Severe Weather Awareness and especially on Thursday you’re going to hear two times on Thursday the tornado warning sirens go off. One at 1:45 p.m. and one at 6:45 p.m. so don’t be alarmed. Those are planned sirens to go off at those times and we are also looking at other severe weather, thunderstorms, lightning, hail, extreme heat, some floods and insuring that all our sirens are working properly so alerts and warnings as a part of that Severe Weather Awareness Week so that’s it. Mayor Ryan: Wonderful, thank you Mr. Gerhardt. CORRESPONDENCE DISCUSSION. Mayor Ryan: Anything on the correspondence discussion? I’ll take that as a no. Did you have, want it? No. Todd Gerhardt: Oh no. Unless anybody has questions on fire department or law enforcement updates due to this Zoom meeting we decided to shorten the meeting by just putting the data in the packet. Mayor Ryan: Perfect thank you Mr. Gerhardt. With that I would stand for a motion to adjourn. Councilman Campion: So moved. Mayor Ryan: Thank you Councilman Campion. Is there a second? Councilman McDonald: Second. Mayor Ryan: Thank you Councilman McDonald. And please state yes or no. Chanhassen City Council – April 13, 2020 37 Councilman Campion moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim