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2001 09 10 AGENDA CHANHASSEN CITY COUNCIL MONDAY, S~ER 10, 2001 CHANHASSEN MUNICIPAL BUILDING, 690 CITY CENTER DRIVE 5:00 P.M. - ECONOMIC DEVELOPMF~NT AUTHORITY MEE~G, COURTYARD CONFERENCE ROOM A. Discuss the Creation of Tax Increment District for Presb~~ Homes, Villages on the Ponds. 5:30 P.M.- EXE~ SESSION OF ~ CITY COUNCIL, COURTYARD CONFERENCE ROOM B. Frank Fox Pwpetty Condemnation, Tom Scott, Campbell Knutson PA (Verbal) 5:45 P.M. - CITY COUNCIL WORK SF-.SSION, COURTYARD CONFERENCE ROOM C. 5:45-6:30 p.m. D. 6:30-7:00 p.m. Community Survey Results, Bill Morris, Decision Reso~. Update on the Villages on the Ponds. 7:00 P.M. - REGULAR MEETING, CITY COUNCII. CHAMBERS CALL TO ORDER (Pled~ of AHeeian~) PUBLIC ANNOUNCEMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered to be murine 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 rec, omm~on for each item. Refer to the council packet for each staff retx~ 1. a. Item Deleted ** b. Amend Cooperative Agreement with the City of Victoria - Tristan Heights Project 01-07. c. Approve Ease~t Agree~ts for BC 7 & BC 8 Utility Extension - Project 00-01. Approve Consultant Work Order and Authorize Preparation of Feasibility Study for Extension of W. 78th Street e. Item Deleted ** f. Award of Bid for Meter Replacement Program - PW0240 g. Approve Change Order for BC7 & BC 8, Trunk Sanitary Sewer Project 00-01. h. Approval of Bills. City Council Minutes dated August 27, 2001. City Council Work Session Minutes dated August 27, 2001. Award of Bids for Replacement Telephone System for City Hall, Public Works, the Recreation Center, and Fire Station. k. Item Deleted ** Approve Resolution Calling for Public Hearing to Consider Establishing a Tax Increment Housing District No 8, Presbyterian Homes, Villages on the Ponds. ..VISITOR P ,RESE~ATIONS PUBLIC HEA~GS UNFINISItED BUSINF, SS - None NEW U.S.I 2. 2000 Audit Presentation, Tautges Redpath Company. . Approve Request for Proposal Seeking Feasibility Study and Design and Construction Consultant for City Trail Connectors: TH 5 at Bluff Creek; TH 5 at Riley Creek; and TH 101 South from Lake Susan Dr. to Bandimere Park. 4. Consider amendment to City Code Chapter 20 including the Site Plan Review, PUD and Hwy. 5 Overlay, regarding use of materials and design (Design Standards). . 2002 Budget: a. Debt Service. b. Approval of preliminary 2002 tax levy. COUNCIL PRESENTATIONS 6. Council/Commission Liaison Update ADMINISTRATIVE PRESENTATIONS 7. Update (Verbal). CORRESPO~~~ DISCUSSION A copy of the staff report and supporting docuagntation being sent to the city council will be available after 2:00 p.m. on Thursday. Please contact city hall at 937-1900 to verify that your item has not been deleted from the ~da any time ~er 2:00 p.m_ on Thursday. The following items were published and subsequently deleted from this agenda: la. Request for Extended Consmiction Hours 1) Ashling Meadows - Project No. 01-04 2) Discussion of Limit~ Staff Authorization to Grant Extended ConstnLaion Hours Id. Trunk Highway 101 Turnback Update, Project 97-12. Approve Change Order No. 1 to Century Boulevard Street & Utility Improvement Project Construction Contract, Project 97-lC Approve $oint Powers Agreement, Carver County Library. GUIDELINES FOR VISITOR PRESENTATIONS every regular City Coum~ meeti~ during V/~tor Pre.~~n~. Council as a whole, not to any specific nmnber(s) or to any person who is not a mender of the City Council. 2. ff there are a number of individ,,*lg present to speak on the same topic, ple. a~ drsi_'~m~ a spoon that can summarize the issue. During Visitor Presentations, the Council and staff lismn to comments and will not enga~ in discussion. Council members or the City Manager may ask questiom of you in.ord~ to gain a thorough undemanding of your concern, suggestion or request. 5~ Please be aware that di~ colnme~ or comments of a ~ nature, direct~ at an individ,~ either by name or infereace, will not be allowed. Personnel concerto should be directed to the City Manager. CITYOF PO B~ I47 . ~t~ 55317 952.93Z1900 C~ F~ 95293Z5739 952937.9152 952.934.2524 TO: FROM: Economic Development Authority Todd Gerhardt, City Mana~r DATE: September 6, 2001 SUB J: Discuss the Creation of Tax Increment District for Presbyterian Homes, Villages on the Ponds Development As you know, staff has been working with Presbyterian Homes to incorporate some affordable units within their proposed 151 unit senior housing project in the Villages on the Ponds development. Attached you will find a memorandum from Mark Ruff, Elders & Associates, outliniug the developer's request for tax increment over a seven year period. The assistance would create 36 affordable units for the next 25 years located in the independent living portion of the proposed development (see attached site plan). If the EDA agrees that this project is feasible, staff should be directed to finalize the following issues: I. Determine the estimated local tax rate for taxes tmyable in 2002. 2. Determine the base value for the property. 3. Request the assessor's estimated market value per unit. 4. Determine a percent factor for inflation on the future TIF revenues. Additionally, the EDA should approve the attached resolution req~g the City Council to call for a Public Hearing to consider establishing Tax Increment Financing District No. 8 (a housing district) for the development of 36 affordable units within the 151 unit Presbyterian Homes Apamnent complex located in the Villages on the Ponds. ATTACHMENTS le 1 Memorandum from Mark Ruff, Ehlers & Associates dated August 30, 2001. Site Plan. Resolution Calling for a Public I-Iea~g to Consider Creation of a Tax Increment District. g:~lmin~g~if 8Aoc .of ~ A growin~ commnnit~ with dean laka, o~it~ M~, a charm~ dowmmvn, thriv~ ~ and ~ l~a. A ereat tdate to live. work. ,tnd td~ AUG. 31. 2001 EHLERS & ASSOCIATES - NO. 880T--'P, 2/12' EHLERS & ASSOCIATES INC MEMORANDUM TO: Todd Gerhardt, City of Chanhassen Bruce DeJong, City of Chanhassen FROM; M=k Ruff- Ehlers & Assoc. DATE: August 30, 2001 TIF for Presbyterian Homes Senior Housing Attached are a number ofdocunmnts related to the potential tax increment districts for the proposed senior housing development in the City. The documents include: Schedule for the establishment of a tax increment district (a housing TIF district) Tax increment projection for the development, using the developer's assumptions for taxes per unit Developer's documents including sources & uses, rent schedule, and pm forma. The developer's request for tax increment is seven years of increment at approximately $230,000 to $245,000 per year in the form ora pay-as-you-go. The present value of the increment, assuming an interest rate on the developer's financing of 635%, would be $1,000,000 to $1,300,000. The range in present values depends upon the .City's willingness to not capture the 10% administrative costs and to allow inflation on market value to be captured by the developer during the seven years. The justification of the developer for the seven years of increment appears to be the term necessary to enable the project to meet 120% of debt service coverage after the tax increment assistance ceases. The pro forma attached demonstrates the expectations for revenues and expenses for the early years of the project. There are a few issues which should be considered. The most important issue is the valuation for tax purposes for the project. The developer has estimated $2,000 per unit for the taxes related to the independent living units and $1,200 per unit for the assisted living and dementia units. These taxes equate to market values of $135,000 and $80,000 per unit respoc~tively. These values appear to be high, especially given the limited cash flow on the project. If the tax increment estimates are lowered, the term of the increment should remain ~e same because the lower taxes would mean an increase in net operating in,me for the project. Based upon the preliminary information provided by the developer, it appears that tax increment assistance is warranted for the project. The ten'n of the assistance necessary may be seven years, but may be a few years shorter depending upon further discussions with the developer and the bond underwriter, which will be financing project.' The tax increment district is expected to be a housing district, which requires at least 20% of the units to be affordable to persons at 50% or less of median income. The 36 affordable units would be located in the independent living building and would carry rents of $725 per month and are proposed to be all one bedrooms. The developer has indicated that the affordability is reducing the annual revenues to the project by approximately $170,000 per year. The City's development attorney has reviewed this structure and AUG. 31. 2001l'35PM EHLERS & ASSOCIATES NO. 8807 P. :~/12 ' - believes that it meets statt~ry requirements for tax incremerrt. The City oould impose higher standards above the TIF law if it desires. To finalize tho analysis, we would need to r~fine tho following issues. lm 2. 3. 4. The estimated local tax rote for pay 2002 The haze value for the proporty The assessor's estimat~ market value per unit The assumptions fcrr inflation on the TIF over time and thc City's share of increment for administrative costs. AUG. 31. 20011'35PM EHLERS & ASSOCIATES NO, 8807 P. 4/12 City of ChanhaMin:. Pr~by~r~ HomM DImMer: N~v Hmmlng Dl~ldal Infl~on F~e O,O000~ J Inmm~ ~ 8.88~ I FI1¢11 Dlep, Oo~ArlbutlOrl RlflJo 1,~7gB70 I RA'I1 2~.470% Fulum Em. ~ '1 , I~RKET PROPERTY' TAX ~'~D OWeR __.__.~n-y ~ t,000.000 t.2~% 12,500 Page 1 ToI.I ~ ~ After Annued Tm< [rmremenl :226,72~ Annum Tmm~ 244,725 Prel~red by Ehlem Inc, - PJeise reMew ab aaaurnplJonl, rcalb'l'e,0515Ol AUG. 31. 20011.'36PM EHLERS & ASSOCIATES NO. 8807 P. 5/12- ' D.O 02-01 ~003 12, 12,~30 O~ O&01 2002 12, M0 12,500 O.O ~1 ~ 1~ 1.0 ~1 ~ 1~ 2~ ~ ~ 12`~ 3.0 ~1 ~ 12~ ~,~B · ~ o~ ~ 1~6~ ~,~ 6~ ~1 ~6 1~0 ~,~ 7.0 ~1 ~0 12~ 7~ ~1 ~0 I~ I.O ~ 2012 12,~0 g.6 ~ 2012 12~ 10.0 ~1 ~13 1~ 2~,~g 10.~ ~ ~13 12.5~ 203,9~ 11.6 ~t ~14 12,~ ~,~ 1~6 ~ ~15 1~ ~,~ 13.0 ~1 ~16 14.0 0~1 ~17 1~5~0 16.0 ~1 ~le 15~ 01~1 2016 1~.0 02~1 ~q9 1~500 Ie.6 ~1 20~e 1~0 ~7.0 ~t 2~0 1~ 17~ ~ ~0 12~ 19.0 0~1 ~ 12,~ ~.0 ~1 ~ 12,~ ~,~ ~.5 ~1 ~ 12,~ 2~.0 ~ ~ 12~ ~,~ 2%5 ~1 ~ 12,~ ~3,~ ~0 ~1 ~ 12,5~ ~ ~1 ~6 12,500 203~ ~ 02~1 ~ IZ600 203~ ~.0 ~1 ~ IZ500 0 0 0 0 111.43~ 101.436 191~k38 101.438 1~1,4.38 191.43l 1~1 191 ~l tel ~ 1~t ~ 191 ~6 191 (~ 161 ~6 lgl ~ 101 ~ 1~ d~ 191 436 101 430 191 ~l Iet 4~ 191 151 ~8 151 ~ 1~1 ~ 151 ~ 191 ~ 1~1.4~ 1~1 4~ 181 4~ 1~1 ~ 191 ~8 191 ~ lgl ~B t91 ~6 101~ 101~ 0 o 0 o 0 0 0 o 0 O 0 0 114,M3 -12.061 102,802 87.064 114,BB3 -12`1~t 11~..64~ 1~3,013 114,803 .12,o01 ID2~02 114,M3 -1:1.0~1 103,102 418.084 114,e~ -13,0~1 102~ 6~0.688 114,~3 -'12`0~1 I02.~0~ 114,a~a -12.~1 102,e~a ege,7,J2 114,~63 -'12,0~1 lO~,m:~ 030,151 114,g~3 -t2,091 102,602 1,0,11,046 114,603 -t2,001 102,a02 1,067,e~ 114,863 -12,M1 1(~,502 1,1:l~$14 114,a~3 -12.,0~I 101~,102 1,175.177 114,~ .12.00t t02~8~ 1~27.1~J" 114,9~,3 -12.08t tn'),80~ 114,003 .12,001 102.802 t,32~.507 114,00,3 -1~,0~1 1~.602 1,372,395 114.6B3 -12,08t I0~.,8~ 1,417,&34 114,~,1 -13,G¢1 102.802 1,4~I,~8 114,8~3 -12.Mt 102,B02 1~34.840 114,663 '-12.0~1 103.B03 1~4~,~ 114,~'3 -1~.081 10~.$03 1,634,~34 ~t4,l~3 -12.0~1 102`a02 1,M2~440 l~4,eea -la, Del lo~,ao~ 1,ege,01z 1~4,.~Q~ -12,0¢~ t02,6X32 1,73~.357 114,e~ -12,081 ~02,602 %768~06 114,~.1 -12,0~I I03,60~ 114.6~3 -12.061 I0~02 1,633.6~ 114,883 -12,061 I0~.~02 1o066.04t t14,66,.~ -12~361 lC~,8~J 1,9'J4,~5 1~4.0~ .12,0ll 102.802 1 114.M3 -t2.(36t 102,802 114,M3 -12.M1 102,1K)2 2,007,(331 114,663 -12.J~1 102,602 2,032,860 1t4,86,t -12,081 102,802 ~,057',r/1 114,~ -12,0~1 10~,602 2,067.,115 114,063 -12.0~1 102`602 2,1M,~t? 114,B~3 -12,0~1 102,B0~ ,~,1~JI,3Og t14,603 -12,00'i 103,802 2,232,'114 I , 4 - 2.~16.0.~ ..~4,Mt 2.,?..60.076 _ · (~oo~ o o,o 0~01 0 0,0 02-01 0 ~0 0~-04 0 0.6 o 1.0 ~1 0 1~ 0 ZO 0 3.0 ~ 0 ~ 0 4.0 0 4.6 0 [0 0 [6 0 &O ~1 0 7.0 0 7J ~ 0 ~.0 ~1 0 9.0 0 qO.O o 11,6 0~01 0 1~0. ~t 0 t3.o O 13J 0 14.0 o '1~ o le~ ~Ol O 17,5 ~1 0 1~6 0 l&~ 0 ~.~ 0 21.0 ~1 0 ~0 0 ~ 0 ~,0 0 ~ AUG..31. :2001 1:36PM EHLERS & ASSOCIATES NO. 8807 P. 6712. Capital PROJECTED SCHEDULE OF CAPITAL INVESTMENT Village On the Ponds- Chanhassen Land Amhltect Fees Building Construction Development Contingency Finance Fee Marketing Cost ci~ Working Capital FFE ,Schedule Survey, Fees & Organizational Unused Land Control Pm-Open Salsry & Fees Property Tax During Constru~on Site Costa Unused % of Total 1,~o,ooo 4~0,000 1.67% 16,1H6,60061.12% 496,498 1,83% 836,800 3.10% 492,0OO i .82% 853,869 3. i6% 650,000 2.41% 850,00O 3.16% 20,000 0.07% . - 20,0OO 0.07% 25,000 0.09% 45,000 0.17% - Subtotal $ 23r174,664 Co~dUnlt 11,707 2,744 100,710 3,021 5,102 3,000 5,207 3,963 5,183 122 122 152 274 (all In) 7.56 1.77 ~.00 t .96 3.29 1.94 3.36 2.66 3.35 0.08 - 0,08 0.10 0.18 86.7e% $ 141,309 9t.20 Development Fee Funded Cons[rucIIon Interest Operating Reserve Debt Service Reserve Fund Subtotal 574,0O0 1,625,0oo . 1,6.5.0,000 3r849,oo0 o $ 3,500 0 $ 9,909 · $ - 0 $ 10,061 0 $ 23,470 2.2~ 6.40 6.49 15,15 Loan Proceeds Owner Equity Ol~er Equity en[rance deposlls Other Equib/enffance deposlls Interest eaminge Construction fund Interest earnings DSRF 22,233,O05 600,000 . 3,221,76O 668,899 . 82.27% 3.33% 11.92% 2.48% Page 1 8/28/01 AUG. 31. 20011'36PM EHLERS & ASSOCIATES NO. 8807 P. 7/12 Rental Revenue Village On the Ponds- Chanhassen Monthly Unit Number Totals IEntrance Total Independent Rate, .... Size of Unlt~ 8~ Pt.IDelx~lt Deposits A $ '/2-5 715 20 14,300 $ - $ - B $ 725 705 12 8,460 $ - $ - C1 $ 726 755 4 $ 3,020 $ - $ - C2 $ gSg 755 4 3,020 $ 36,240 $ 144,960 C3 $ 933 735 4 2,940 $ 35,280 $ 141,120 $ .... $ - $ - D $ 1,257 990 12 11,880 $ 47,520 $ 670,240 $ .... $ - S - = $ 1,562 1,230 4 4,920 $ 59,040 $ 236.160 F1 $ 1,734 1,385 8 10,920 $ 65,520 $ 524,160 F2 $ 1,835 1,445 4 6,780 $ 69,380 $ 277,440 G1 $ 1,715 1,350 4 5,400 $ 64,800 $ 25g,200 G2 $ 1,803 1,420 4 5,680 $ 68,160 $ 272,840 H $ 2.083 1,840 8 13,120 $ 78,720 $ 629,760 J $ 2,197 1,730 2 3,480 $ 83,040 $ 166,080 $ .... $ - $ - $ .... $ - $ _ Unused $ .... $ _ $ . Unused' $ .... $ . $ _ Total Independent $ lr237"' t,032 90 .., s2,eooI $ ' :15,797 $ 3,221,760 Assisted $ .... I Bedroom $ 2,350 525 16 8,400 1 Bedroom $ 2,400 580 26 15,080 1 Bedroom $ 2,600 660 I 660 ~tREF! $ 2,8.50 680 2 1,360 1 Bedroom w/Den $ 2,850 700 2 1,400 I Bedroom w~en $ 3,000 855 4 3,420 Total Assisted $ 2,631 626 86 Dementia $ .... ~udlo (DemenUa) $ 2,250 285 4 1,680 1 Bedroom (Dementia) $ 2,650 525 6 3,150 1 Bedroom (Dementia) $ 2,700 580 8 4,640 Unused $ .... Unused $ .... 8,860 Total Dementia $ 2,683 492 16 8/28/01 AUG, 31, 20011'36PM EHLERS & ASSOCIATES NO. 8807 P, 8/12 Property Taxes Total Independent Total A~slated Total Demen~a Total Estimated ~Umated Texea per unit Taxa= $ 2,000 $ 180,000 $ t,20O $ 67,200 $ 1~200 $ 21,600 $ 2ei,aoo TIF Rent $ 716 Number of TIF Un~ 36 Market Rent/Sq Ft Imputed Entmce Deposit Adjust for Enlzance Deposit Effecttve Market Rate Loss olr Unit Rent from TIF 1,27 $ 908 34,320 7% $ 20O 393 Lost Rent/Month $ 14,157 Lost Rent Year $ t69,864 Taxes Before TIF $ 268,800 TIF % 00% , Taxee Alter 'I'IF $ 26,880 Tax Trending 3.25% Year 1 Ful~ Tax $ 268,800 ,au:cumulated Tax $ 268,800 Tax Rebated TIF $ 241,920 Acc, umulatecl TIF $ 241.9'20 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 $ 277,536 $286,558 $ 295,889 $ 305,485 $ 315,413 $ 325,664 $ 546,336 $832,892 $1,128,761 $1,434,248 $1,749,859 $2,075,323 $ 249,782 $257,~30 $ 266,282 $ 274,93~ $ 283.872 $ 293,098 $ 491,702 $749,603 $1,015,885 $1,290,821 $1,574,693 $1,867,790 Discount Rate 9% TIF Requested = 7 Years $ 1,867,790 NPV $ 1,328,257 AU(]. 31. 20011'36PM EHLERS & ASSOCIATES NO. 8807"-P~-~12~ Revenue Projections Village On the Ponds. Chanhassen use '"" '1 Mon~ly Unit Nurr~r Ra~e SD of Unh ~To~n~ ~" ' -~j237 ~,032 ~0 Total A&fiated $ 2,531 826 56 Toted Dmrmn6a $ 2,563 492 18 Rev iii 64.88% $ t.20 34.1~ S 4.04 10.88% S 5.25 Tol~ 8,860 $ 13~,S30 $ Total units $ 1,827 834 164 100.00% $ 2.19 t Retail $ - Daycam $ 13.50 a/Told. IncomeJ~:xpense Included per menth per un Incited Annual~f Meals Annulally Meal Ravenue Food Coat/Occupied Unit/IVlo ~le Occupancy · of Doub~ ~. Units As Occupan~momlW Inc $ i 1,295 J Jm 25O Service Reserve Income 628% 8,628 6.75 1,156 76O 2.75 13,870 25,093.75 93,6'22.5o 2,75 19,155 % Use---- 8O% 100% $ 117 Page I Tote Inoorrx 111,342 141,750 46,600 299,562 Jnoome 3,240 AUG. 91, 2001 1'36PM EHLERS & ASSOCIATES NO. 8807 P, 10/12 Annual Operating Proforma Pro~rm. Village On the Ponds - Chanhasaen Annual Operating Proforma ' · Year Year Year Ye~ '~ear YeE Ya~ YMI Yea t Z 3 4 ~ a 7 ~ ~ ~ 9~,~0 ~ a~ g1~10 ~ ~,1~ 1~t~ t~t~ 1~1 ~'~l i T~ ~u, ~731,71~ ~ 3~I,G 3,~?,~g 3~0.7M 3~ 4.~4,~ ~t93~ 4~1~ ~pene~. ' ., ~~ ~d 1.~ t,~ 1.~ ~ I~t 1~ l&~ I.~ 1,~1 ' T~-~d ;l~ ~315 ~,~0 ~.4~ ~t6 ' Gl.~" ~ M,IO 67,410 ~ t~7~ 12,~ lt~ lt,~ t~ 1~ 14.~1 14~ 1~011 ~a~ 3.~96 3.~ ~ 3,t~ 3~ 3.4~ 3,~ ~ 3.7~ ~~g ' . S~K~ ~1 ~7 ~ ~1 ~ ~ 74.441 ~,M1 H~ ~ 6,t 1~ 4~ ~ 6.11T 5~ ~i~ ~ ~lS I ~n~ ~. 1,919 1~ 1,0~ 1,919 1,~1 Z~6 ~ 112 ~t81 S~ ~174 6~,~Z ~,671 ~,174 7~62 7~ ~ ~.1~ ~.~ T~h t~ 13,~ t~4~ 1~ 14,~ t~d t5~, t5,7~ 16,~ r~Kh~ ~,e~l ~.~ ~13 ~1 ~8 ~.412 ~ ~ al,~ u~ U~d Page, 1 8/28J01 · . AUG. 31. 2001 l'37PM EHLERS & ASSOCIATES NO. 8807 P. 11/12 SCHEDUI~ OF EVENTS CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF CHANHASSEN FOR THE MODH~ICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CHANHASSEN REDEVELOPMENT PROJECT AREA AND TIlE MODHrICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN CHAN'HASSEN TAX INCREMENT FINANCING DISTRICT AND THE ESTABLISIIMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 8 (a housing dlstric0 As of September 52001 September 10, 2001 EDA requests that the City Council call for a public hearing. September 10, 2001 City Council calls for public hearing on the Modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area and the modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment Financing District and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 8. September 17, 2001 Project information, property identification numbers, and maps sent to Ehlers and Associates for dmffing documentation. October 2, 2001 Letter received by County Commissioner giving notice of potential redevelopment tax increment financing district (at least 30 days prior to publicatiori of public hearing notice). [Faxed and mailed on October 1, 2001] October 12, 2001 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Faxed ami mailed on Octoberll, 2001] October 22, 2001 Ehlers confirms with the City whether building permits have been issued on the property to be included in the TIF District. November 1,2001 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). {Chanhassen Yillager publication deadline Thursday, October 25, 2001] November 6, 2001 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan. November 8, 2001 EDA considers the Plans. November 13, 2001 City Council holds public hearing at 7:00 P.M. on the Modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area and the modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment Financing District and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 8 and passes resolution approving the Plans. [Council packet information sent on October 31, 2001] January 31, 2002 Ehlers certifies the District with county and state. **Because the City staff believes that the proposed tax Increment district will not require unplanned county road Improvements, the TIF Plan was not forwarded to the County Board 45 days prior to the public hearing. The County Board, by law, has 45 days to review the plan to determine If any county roads will be Impacted by the development. Please be aware that the County Board could claim that tax Increment should be used for county roads, even after the public hearing. DISTRIBUTION LIST CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY AND TI:IF. CITY OF CHANHASSEN FOR ~ MODIFICATION TO THE REDEVFJ~OPMENT PLAN FOR TUE DOWNTOWN CHANHASSEN REDEVFJ~)PM~NT PROJECT AREA AND ~ MODH~ICATION TO ~ TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN CHANHAS~N TAX INCREMENT FINANCING DISTRICT AND THE ESTABLISH1VIF. NT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINinG DISTRICT NO. 8 (a housing district) Todd Gerhardt chacmgr~_ i~chanhassen.rrm,us 952-937-1900 ext. ll9 Phone 952-937-1900 ext. 104 Phone Bruce DeJong bdci ong~_ ci.cl~mhasscn,mn.us 952-937-1900 ext. 149 Phone City of Chanhnssen 690 City Center Drive Chanhnssen, MN 55317-0147 952-937-5739 Fax (Word format) DEVELOPMENT COUNSEL: Ron Batty Kennedy & Gra~ Chartered 470 Pillsbury Ccnttrr Minneapolis, MN 55402 rba~edy-!~'av~.com 612-337-9262 Phone 612-337-9310 Fax DEVELOPMENT ADVISOR: Mark Ruff mark~ ehlers-in¢.com 651-697-8505 Phone Susan Lan&urn susan.lan~hlers-inc.com 651-697-8531 Phone Ehlers & Associates, Inc. 3060 Centre Pointe Drive Rosevillc, MN 55113-1105 651-697-8555 Fax CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY CITY OF CHANHASSEN RESOLUTION # RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF CHANHASSEN CALL FOR A PUBLIC HEARING ON THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CHAN'HASSEN REDEVELOPMENT PROJECT AREA, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 8 (A HOUSING DISTRICT) THEREIN, AND THE ADOPTION OF ~ TAX INCREMENT FINANCING PLAN THEREFOR, AND THE ADOPTION OF TlqF~ MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN CHANHASSEN TAX INCREMENT FINANCING DISTRICT (A REDEVELOPMENT DISTRICT). BE IT RESOL~, by the Board of Commissioners (the "Board") of the Chanhassen Economic Development Authority, Minnesota (the "FDA") as follows: WHEREAS, the City Council (the "Council") of the City of Chanlmssen, Minnesota (the "City") established the Downtown Chanhassen Redevelopment Project Area pursuant to Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WI-IE~S, the EDA is proposing a Modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area, the proposed establishment of Tax Increment Financing District No. 8, (a housing district), the proposed adoption of the Tax Increment Financing Plan therefor, and the proposed adoption of the Modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment District, pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended; NOW, THEREFORE BE IT RESOLVED by the Board as follows: The EDA hereby requests that the Council call for a public hearing on November 13, 2001 to consider the proposed adoption of a Modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area, the proposed establishment of Tax Increment Financing District No. 8, the proposed adoption of the Tax Increment Financing Plan therefor, and the proposed adoption of the Modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment District (collectively, the "Plans") and cause notice of said public hearing to be given as required by law. . The EDA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Executive Director of the EDA is hereby directed to submit a copy of the Plans to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Plans to the county and the school districts in which Tax Increment Financing District No. 8 is located not later than October 12, 2001. Approved by the Board on September 10, 2001. Chair ATTEST: 07/23/2001 M0N 09:54 FAX 812 920 109O DECISION RESOURCES D~CISION RESOURCES, LTD. 3128 Dean Court Minneapolis, Mfnnesota 55416 002/025 2001 CITY OF CHANHASSEN Res idential Survey FINAL May 2001 Hello, I'm of Decision Resources, Ltd., a polling firm located in Minneapolis. We've been retained by the City of Ch_-.n_hassen to sDeak with a random sample of residents about issues facing the city· The survey is being taken because your city representatives and staff are interested in your opinions ,~R suggestions. I want to assure you Chat all individual responses will be held strictly confidential; only summ*vies of t_he entire s~mple will be reported. (DO NOT PAUSE) i · ADDroximately how many years have LESS THAN ONE YEAR ..... 3% you lived in the City of Chart- ONE OR TWO YEARS ...... 11% hassen? THREE TO FIVE YE, ARS...19% SIX TO TEN YEARS ...... 25% ~LEVEN - TWENTY YRS.. ·26% OVER TWENTY YEARS ..... 17% DON' T KNOW/REFU~ ..... 0 % 2. Thinking back to when you moved to Chanhassen, what factors were most import-nc to you in selecting the city? NO ANSWER, 2%; ALWAYS k~g~E, 4%; LOCATION, 21%; HOUSING, 23%; RURAL - OPEN SPACE, 11%; SCHOOLS, 7%; JOB NEARBY, 10%; FAMILY NEARBY, 5%; NEIGltBORHOOD, 3%; SMALL TOWN F~LIAIG, 14%. 3. Where did you live prior to moving to Chanhass~? ALWAYS HER~, 4%; EDEN PRAIRIE, 15%; BLOOMINGTON, 6%; MINNETONKA, 10%; ST. LOUIS PARK - HOPKINS, 8%; REST OF. FRNNEPIN COUNTY, 16%; CKASKA, 3%; MINNEAPOLIS, 8%; PEST OF N~TRO AREA, 10%; RURAL MINNESOTA, 5%; OUT OF ' STATE, 16%. · How would you rate the quality of EXCELLENT ............. 44% life in Ch~hassen -- excellent, CK)OD ..... ' ............. 49% good, only fair, or Door? ONLY FAIR .............. 5% POOR ................... 1% IX)N'T KN0W/~USED ..... 1% 5. What do you like most about livin~ in the City of Chanhas- sen? NO ANSWER, &%; LOCATION, 23%; OPEN SPACE, 12%; SCHOOLS, 3%; PARKS, 9%; PEACEFUL, 6%; NICE PEOPLE, 6%; SMALL TOWN FRRL, 12%; GOOD COMMUNITY, 9%; NEIGHBORHOOD - HOUSING, 8%; DOWNT~, 6%; SCATTERED, 2%. 07/23/2001 H0N 09:54 FAX 612 920 1069 DECISION RESOURCES ~003/0: 6. And, what do you like least about it? NO ANSWER, 7%; NOTHING, 7%; HIGH TAXES, 32%; GROWTH, 10%; ROADS, 6%; TRAFFIC, 8%; LACK OF AFFORDABLE HOUSING, 4%; NO RESTAURARTS, 3%; CITY S~VICES, 6%; CITY COUNCIL, 8%; LOCATION, 4%; SCATTERED, 5%. 7. What do you think is the most serious issue facing the City of Chanhassen today? NO ANSWER, 9%; NOTHING, 4%; HIGH TAXES, 26%; GROWTH, 19%: SCHOOLS, 3%; ROADS, 7%; TRAFFIC, 3%; NO AFFORDABLE HOUSING, 5%; NO RESTALTRANTS, 2%; CITY FINANCIAL PROBLEMS, 8%; CITY COUNCIL, 14%; SCATTERED, 2%. IF A RESPONSE IS GIVEN, ASK: 8. Why do you feel that way? [n~351] NEED AFFORDABLE HOUSING, 5%; TAXES TOO HIGH, 29%; POOR CITY PLANNING, 17%; TOO MUCH GROWTH, 16%; NEED BUSINESSES, 4%; CROWDED SCHOOLS, 3%; TOO MUCH TRAFFIC, 13%; USE OF TIF, 8%; SCATTERED, 4%. 9. When you think of Chanhassen, do you see it as a small town or a suburban cormml/nity? SMALL TOWN ............ 20% SUB~ COMMUNITY .... 71% BOTH (VOL) ............ 10% NEITHER (VOL) .......... 0% DON'T KNOW/REFUSED ..... 0% 10. Which of the these two statements STATEMENT A ........... 69% comes closer to your feelings: STATEMENT B ........... 29% (A) I call Chanhassen "home." BOTH (VOL) ............. (B) Chanhassen is just a place to NEITHER (VOL) .......... 1% live; I'd be Just as happy else- DON'T KNOW/REFUSED ..... 0% where. 11. How would you rate the general EXCELLENT ............. 21% sense of community among Chanhas- GOOD .................. 54% sen residents -- excellent, good, ONLY FAIR ............. 20% only fair, or Door? POOR ................... DON'T KNOW/REFUSED ..... 2% 12. In your opinion, should the City YES ................... 24% of Chanhassen spend tax dollars NO .................... 70% to Dromote a better sense of com- DON'T KNOW/REFUSED ..... 6% munity among residents? IF "YES," ASK: 07/28/2001 MON 09:54 FAX 612 920 1069 DIK~ISION I~SOURCES ~004/025 13. What actions would you recommend? [n~97] NO ANSWER, 20%; MORE COMMUNITY EVENTS, 38%; NEIGHBORHOOD EVENTS, 7 %; COMMI/NITY CENTER. 21%; IMPROVE COMMUNICATIONS, 5%; SCATTERED, 10%. On another topic ....... 14. How safe would you feel walking alone in your neighborhood after dark -- very safe, reasonably safe, somewhat safe, or very un- safe? VERY SAFE ............. 63% P~EAS0~LY SAFE ....... 29 % SOMEWHAT SAFE .......... 6% VERY UNSAFE ............ 2% DON'T KNOW/REFUSED ..... 0% 15. Are there any areas in the City of Chanhassen where you would be afraid to walk alone at night? (IF 'YES," ASK:) Where would they be? NO ANSWER, 5%; NONE, 79%; EVER~, 2%; DOWNTOWN, 3%; PARKS - LAKES, 7%; UNLIT ST~RRTS, 3%. 16. During the past three months, were YES .................... you or ~yone in your household NO .................... 96% the victim of crime in Chanhassen? DON'T KNOW/REFUSED ..... 0% 17. Have you participated in a neigh- YES ................... 37% borhood block party in the last NO .................... 63% year? DON'T KNOW/REFUSED ...... 0% As you may know, property tax revenues are divided among the City of Chanhassen, Carver County, and your local public school dis- trict. 18. For each dollar of the property taxes you pay, about what per- centage do you think goes to city government? (READ %1-%6) TEN PERCENT OR LESS... ;9% 10.1 TO 19.9 PERCENT..28% 20 TO 29.9 PERCENT .... 22% 30 TO 39.9 PERCENT .... 10% 40 TO 49.9 PERCENT ..... 2% 50 PERCENT OR MORE ..... 4% DON' T KN~W/REFUSED .... 26% The actual percentage of your property taxes going to the City of Chanhassen is about twenty percent. I would like to read you a list of a few city services. For each one, please tell me whether you would rate the quality of t_he service as excellent, good, only fair, or poor? EXCL C~DOD FAIR POOR D.K. 19. Police protection? 25% 56% 9% 3% 7% 20. Fire protection? 35% 49% 0% 0% 16% 21. Emergency medical services? 27% 42% 4% 0% 26% 22. Sanitary sewer service? 19% 65% 5% 3% 9% 07/23/2001 M0N 09:54 FAX 612 920 1069 DECISION RESOURCES ~005/02 EXCL GOOD FAIR POOR D . K. 23. Accommodation and control of storm water run-off? 14% 61% 8% 5% 12% 24. Animal control? 15% 62% 7% 5% 12% 25. Park maintenance? 32% 60% 2% 1% 5% 26. Condition of trails? 29% 58% 2% 2% 10% 27. Recreational programs? 21% 51% 5% 1% 23% 28. Street lighting? 9% 67% 15% 7% 2% 29. Issuance of building permits? 5% 41% 10% 8% 37% 30. Building inspection? 7% 44% 8% 7% 34% 31. Property maintenance enforce- ment9 6% 52% 7% 2% 33% IF "ONLY FAIR" OR "POOR" ON ANY OF ABOVE CITY SERVICES, ASK: 32. Why do you feel that way? [n=243] POOR INSPECTION, 10%; MORE STREET LIGHTS NEEDED, 20%; FLOODING, 9%; LOOSE ANIMALS, 10%; POOR POLICE SERVICE, 14%; NO CODE ENFORCEMENT, 7%; DIRTY, 5%; TOO MUCH F~ED TAPE, 13%; WATER TASTE, 3%; TOO MANY PERMITS ISSUED, 3%; SCATTERED, 6%. Roadways in the City of Charhhassen consist of both city streets, county roads, state highways, and one U.S. Highway. County roads in the city include Lyman Boulevard, Galpin Boulevard, Powers Boulevard, and Pioneer Trail. State Highways in the city include Highway 41, or Hazeltine Boulevard, Highway 101, or Great Plains Boulevard, Highway 5, or Arboretum Boulevard, and Highway 7. The u.S. Highway is Flying Cloud Drive or Highway 212. In the follow- ing questions, please consider only city streets and none of these co~znty, state, or U.S. highways. Again, please tell me whether you would rate the quality of the following services as excellent, good, only fair, or poor? EXCL C-00D FAIR POOR D.K. 33. Pavement repair and patching on city streets? 11% 63% 18% 6% 2% 34. Snowplowing of city streets? 30% 54% 11% 3% 2% Changing topics .... 35. Would you favor or oppose an in- FAVOR ................. 42% erease in YOUR city property tax OPPOSE ............ ~...51% if it were needed to maintain city DON'T KNOW/REFUSED ..... 7% services at their current level? IF "OPPOSE," ASK: 07/23/2001 MON 09:$~ FAX 612 920 1069 DECISION I~E$Ob'I~CE$ ~006/025 What services would you be willinQ to see cut to keep property taxes at their current level? [n=203] NO ANSWER, 34%; NONE, 21%; PARK AND REC, 22%; STREET MAINTENANCE, 6%; ADMINISTRATION, 6%; CUT ACROSS BOARD, 3%; SCATTERED, 8%. 37. Would you favor or oppose a reduc- FAVOR ................. 30% tion in city services if your city OPPOSE ................ 58% property ta~es could be reduced? DON'T KNOW/REFUSED .... 12% IF ·FAVOR," ASK: 38. What services would you be willing to see cut to reduce your property taxes? [n=118] NO ANSWER, 35%; NONE, 9%; PARK AND REC, 27%; STREET MAINTENANCE, 9%; ~ISTRATION, 6%; CUT ACROSS BOARD, 4%; SCHOOLS, 3%; SCATTE~, 8%. I would like to read you a short list of city service additions or expansions. In each case, the chan~e would require a moderate property tax increase to fund it. Please tell me if you would stror~jly support a property tax increase for that Durpose, some- what su~Dort, somewhat oDDose, or strongly oppose a ~roperty tax increase for that purpose. If you have no opinion, Just say STS SMS SMO STO DER 39. 40. 41. 42. 43. More rigorous enforcement of city pet ordinances, on violations such as .off-leash dogs? More aggressive control of wild geese and deer? Better enforcement of sidewalk snow removal codes? Expansion of city-sponsored senior activities? Enhancement of city-sponsored community events, such as Fourth of July or Arbor Day? 9% 13% 27% 47% 4% '8%. 13% 26% 50% 5% 8% 18% 27% 38% 10% 10% 35% 17% 26% 12% 13% 31% 18% 35% 44. Do you consider city ~roperty t~xes in Ch~ssen ~o be very high, somewhat high, about aver- age, somewhat low, or very low? VERY HIGH ............. 59% SOMEWHAT HIGH ......... 28% ABOUT AVERAf~E ......... 10% S OHEWHAT LOW ........... VERY LOW ............... 0% DON'T KNOW/~w~USED ..... 2% 07/23/2001 WON 09:65 FAX 612 920 1069 DRCISION RESOURCES ~007/02 45. When you consider the property taxes you pay and the quality of city services you receive, would you rate the general value of city services as excellent, good, only fair, or poor? EXCELLENT .............. 9% GOOD .................. 52 % ONLY FAIR ............. 31% POOR ................... 5 % DON' T KNOW/P, EFUSED ..... 3 % For your information, the City of ChaD_hassen's portion of the average property tax r~te for 2000 ranked 30th out of 109 Metro- politan Area cities. Other than voting, do you feel that if you wanted to, you could have a say about the way the City of Chanhassen runs things? YES ................... 56% NO .................... 40% DON'T K/q0W/REFUSED ..... 4% 47. How much do you feel you know about the work of the Mayor and City Council -- a Great deal, a fair amount, or very little? GREAT DF2%L ............. 8% FAIR AM0UNT ........... 45% VERY LITTLE ........... 47% DON'T KNOW/REFUSED ..... 1% 48. From what you know, do you approve or disapprove of the Job perform- ance of the Mayor and City Coun- cil? (WAIT FOR RESPONSE) And do you feel strongly that way? STRONGLY APPROV~ ....... 6% APPROVE ............... 30% DISAPPROVE ............ 14% STRONGLY DISAPPROVE...12% DON'T KNOW/REFUSED .... 37% IF OPINION STATED IN QUESTION 948, ASK: 49. Why do you feel that way? [n-245] NO ANSWER, 5%; GOOD JOB, 24%; NO PROBLEMS, 1~%; POOR JOB, 11%; DO NOT LISTEN, 2%~ ISSUES, 17%; HEARSAY, 5%; COULD IMPROVE, 5%; ALWAYS FIGHTING, 14%; SCATTE~LED, 3%. 50. Prior to this survey were you aware that four of the five City Council members were newly elected to their positions last November? YES ................... 80% NO .................... 20% DON'T KNOW/REFUSED ..... 0% 51. How much first-hand contact have you had with the Chanhassen City Staff -- quite a lot, some, very little, or none at all? QUITE A LOT ............ 6% SOME .................. 23% VERY LITTLE ........... 37% NONE AT ALL ........... 33% DON'T KNOW/REFUSED ..... 2% 52. From what you know, how would you rate the Job performance of the Chanhassen City Staff -- excel- lent, good, only fair, or poor? EXCELLENT .............. 8% GOOD .................. 42% ONLY FAIR ............. 16% POOR ................... DON'T K/~OW/P~EFUSED .... 33% 07/23/2001 MON 09:55 FAX 612 920 1069 DECISION I~SOURCES ~008/025 IF RATING IS GIVEN IN QUESTION %52, ASK: 53. Why did you rate city staff as ? [n=269] NO ANSWER, 8%; ~00D JOB, 48%; NO PROBLEMS, 11%; THEY LISTEN, 2%; POOR JOB, 10%; DO NOT LISTEN, 2%; ISSUES, 3%; HEARSAY, 6%; COULD IMPROVE, 9%. Moving on .... At present, the City spreads a mixture of sand ~nd salt on icy roads. Some residents think the amoUnt of sand spread on roads is excessive. Others are concerned about the cost of sweeping up the sand in the spring to keep it from washing into wetlands, streams, and lakes. When properly applied, salt seems to be more enviro-mentally friendly than a mixture. However, increasing the amount of salt -~d decreasing the amount of s~d used on icy roads could hasten the corrosion of vehicles. 54. How supportive would you be of VERY SUPPORTIVE ........ 7% switching to usin~ 100 percent SOMEWHAT SUPPORTIVE...22% salt on icy roads -- very sup- NOT TOO SUPPORTIVE .... 26% portive, somewhat supportive, NOT AT ALL SUPPORTIVE.39% not too supportive, or not at all DON'T KNOW/REFUSED ..... 7% supportive? IF "VERY SUPPORTIVE" OR "SO,WHAT SUPPORTIVE," ASK: 55. If the cost were to increase YES ................... '31% by about one-third, would you NO .................. ~.58% still favor using 100 percent DON'T KNOW/REFUSED .... 11% salt rather than a mixture of ~d ~ salt? [n=112] The City of Chanhassen contracts with the Carver County Sheriff's Department for policin~ services in the community. 56. During the past twelve months have YES ................... 37% you had a~y contact with t_he Car- NO .................... 63% vet County Sheriff's DeDartmenn? DON'T KNOW/REFUSED ..... 0% IF "YES, ·ASK: 57. Overall, how would you rate the contact with the Carver County Sheriff' s Department --excellent, good, only fair, or Door? [n=146] EXCELLENT ............. 52 % ~DOD .................. 34% 0~ILY FAIR .............. 5% POOR ................... 7 % DON' T KNOW/REFUSED ..... 1% The City of Chanhassen offers a curbside recycling pro,ram. Anyone who moves to the community receives a free recycling container and is asked to place recyclable items in the container and leave it at the curb for collection. u,,~o~uu~ ~u~ u9:§5 FA~ 812 920 1069 DECISION RE$0URCR$ ~009/021 58. Do you participate in the curb- side recycling program by separ- ating recyclable item~ ~rom the rest of your garbage? YES ................... 87% NO .................... 13% DON'T KNOW/REFUSED ..... 0% 59. Are there any changes or improvements in the curbside recy- cling program which could be made to better meet the needs of your household? (IF "YES," ASK:) What are they? NO ANSWER, 5%; NONE, 67%; BETTER CONMKINICATION, 6%; TAKE MAGAZINES, 3%; TAKE CARDBOARD, 4%; TAKE PLASTIC, 4%; LARGER CONTAINERS, 5%; LOWER COST, 2%; TAKE YARD WASTE, 3%; SCATTER]ED, 1%. Every Spring and Fall, the City of Chanhassen offers a Community waste Disposal Collection Day that gives residents the opportuni- ty to dispose of waste materials -- such as tires, appliances, automobile batteries, used oil and filters, and scrap metal. 60. Have you participated in Chan- Y~S ................... 47% hassen'~ Community Waste Disposal NO .................... 52% Collection Day? DON'T KNOW/REFUSED ..... 1% Moving on .... 61. HOW would you rate the general ~XCELLENT ............. 59% condition and appearance of homes GOOD .................. 37% in your neighborhood -- excellent, ONLY FAIR .............. 3% good, only fair, or poor? POOR ................... 0% DON'T KNOW/REFUSED ..... 0% 62. How would you rate the general EXCELLENT .... - ......... ~9% condition and appearance of yards. GOOD .................. 45% in your neighborhood -- excellent, ONLY FAIR .............. 4% good, only fair, or Door? POOR ................... 2% DON'T KNOW/REFUSED ..... 0% 63. Do you feel the City is too tough, TOO TOUGH .............. 1% about right, or not tough enough ABOUT RIGHT ........... 69% in enforcing the City Code on NOT TOUGH ENOUGH ...... 13% such nuisances as junk cars, messy DON'T KNOW/REFUSED .... 17% yards, weeds or tall grass, and outside storage? IF "TOO TOUGH" OR "NOT TOUGH ENOUGH" IN QUESTION %63, ASK: 64. Why do you feel that way? [n-57] NO ANSWER, 5%; MESSY YARDS, 56%; BOATS IN DRIVEWAY, 7%; JUNK CARS, 11%; CITY INTERFERES, 9%; TOTAL LACK OF ENFORCEMENT, 12 %. 07/23/2001 M0N 09:55 FAX 612 920 1069 DECISION RESOURCES ~010/025 65. Have you obtained a Derm{t for a home improvement project, such as a deck, shed, porch, fireplace, fence, or lower level finishing from the City's Inspection Depart- merit in the last five years? YES ................... 33% NO .................... 67% DON' T KNOW/REFUSED ..... 0 % IF "YES, · ASK: I would like to ask you about various a~pectm of the permit process. For each one, please tell me whether you would rate it as excellent, ~ood, only fair, or Door. If you have no opinion, just say so .... [n-130, $'S 66-71,73,74] EXCL ~OOD FAIR POOR DK/R 66. 67. 68. 69. 70. Explanation of buildin~ codes and zoning require- ments durin~ the applica- tion process? 25% 43% 14% 6% 12% Timeliness of the permit process? 32% 43% 10% 5% 10% Timeliness of building in- spections? 37% 42% 8% 4% 9% Clear explanation by the in- .- spector of the need for required corrections? 27% 41% 13% 5% 15% Courtesy of the staff? 37% 43% 8% 4% 9~ 71. Did you receive an informa- YES ............... ' ..... 52% tional handout regard/ng your' NO ....... - ............. 30% home improvement project? DON'T KNOW/I~EFUSED .... 18% IF "YES," ASK: 72. How would you evaluate this handout ' s content --excellent, good, only fair, or poor? [n=68] EXCELLENT ............. 28% GOOD .................. 49% ONLY FAIR ............. 10% POOR ................... DON'T KNOW/REFUSED .... 10% 73. Based on staff contact through the permit process, how would you rate the City's Inspec~ion Department -- ex- cellent, ~ood, only fair or poor9 EXCELLENT ............. 31% ~00D .................. 45% ONLY FAIR ............. 14% POOR ................... 4% DON'T KNOW/REFUSED ..... 6% 07/23/2001 H0N 09:$~ FAX 612 920 1069 DRCISION I~$OURCES ~011/02 74. Based on your recent home im- TOO TOUGH ............. 20% provement project, do you ABOUT RIGHT ........... 70% think the City's Inspection NOT TOUGH ENOUGH ....... 3% Department's enforcement of DON'T KNOW/REFUSED ..... 7% the State Building Code re- quirements is too tough, about right, or not tough enough? Changing topics .... 75. How would you rate your ability EXCELLENT ............. 43% to get where you need to go in SATISFACTORY .......... 43% Chanhassen in a reasonable amount MARGINAL .............. 10% of time -- excellent, saris- POOR ................... 5% factory, marginal, or poor? DON'T KNOW/REFUSED ..... 0% IF "MARGINAL" OR "POOR," ASK; 76. Why do you feel that way? [n=57] NO ANSWER, 4%; CONSTRUCTION, 44%; STOPLIGHTS, 28%; OVERALL CONGESTION, 21%; SCATTERED, 3%. 77. How would.you rate transit servi- EXCELLF/~T ............. 10% ces in Chanha~en? ~OOD .................. 16% ONLY FAIR ............... POOR ................... 9% DON'T ](NOW/Pd~FUSED .... 59% IF "ONLY FAIR" OR "POOR," ASK: 78. Why do you feel that way? [nm53] NO ANSWER, 2%; NOT AVAILABLE, 62%;' NOT DEPENDABLE, 21%; UNAWARE OF ANY, 9%; SCATTERED, 6%. 79. What is your occupation and, if applicable, the occupation of your spouse or partner? PROFESSIONAL-TEC~ICAL, 34%; OWNER-MANAGER, 24%; CLERICAL-SALES, 17%; BLUE COLLAR, 12%; RETIRED, 11%; SCATTERED, 2%. DO NOT ASK THE FOLLOWING QUESTIONS IF BOTH ARE "RETIRED." If you work outside of the home, please answer the next questions about your own Job; if you do not work outside of the home, please answer the next questions in terms of the job of your spouse or partner, if applicable. 10 07/2~/2001 MON 09:55 FAX 612 920 1069 DECISION RBSOURCSS ~012/025 80. What is the average commute to that Job location? DON'T KNOW/REFUSED ..... 1~ 5 MINUTES OR LESS ..... 10% 6 TO 10 ~TNUTES ........ 9% 11 TO 15 MINUTES ...... 14% 16 TO 20 MINUTES ...... 17% 21 TO 30 M/NUTES ...... 21% 31 TO 45 M~UTES ...... 19% 46 TO 60 MINUTES ....... 3% OVER 60 MINUTES ........ 1% NOT APPLICABLE ......... 5% 81. In what city is the Job located? CHANF~%SSEN, 17%; EDEN PRAIRIE, 18%; MI/qNETONKA, 7%; BLO0~_IN~TON, 7%; MIN~-EAPOLIS, 10%; EDINA, 6%; ~EST OF HENNEPIN COUNTY, 18%; DAKOTA COUNTY, 4%; REST OF CARVER COUNTY, 3%; REST OF METROAREA, 6%; VARIES, 4%. 82. Which major roadway do you or your spouse use when you leaving Chanhassen to travel to that worksite? NO ANSWER, 7%; HWY. 5, 41%; HWY. 62, 7%; LOCAL STREETS, 9%; HWY. 101, 14%; POWERS BLVD., 4%; HWY. 212, 2%; HWY. 7, 9%; SCATTERED, 7%. 83. How do you ~orm..ally commute to work -- drive alone, ride in a van or car pool, take a bus near your home, use a park and ride lot~ walk or or bike, or something else? DRIVE ALONE ........... 85% VAN OR CAR POOL ........ 5% TAKE BUS ............... 1% PARK AND R~DE LOT ...... 0% WALK/BIKE .............. 1% SOMETHING R?.SE ......... 2% DON'T KNOW/REFUSED ..... 6% IF 'DRIVE ALONE," "VAN OR CAR POOL,' OR "WA~.K/BIKE," ASK: 84. If it were convenient would you be willing commute using public transit? [n=69] YES ................... 41% NO .................... 55% DON'T KNOW/~JSED ..... 3% 85. What chan~es would make public transit more con- venient for you to use? [n=69] NO ANSWER, 20%; MORE CONVENI~, 4%; NOTHING, 39%; MORE ROUTES, 17%; 17%; LIGHT RAIL, 3%; SCARRED, ASK EVER¥ON~: 86. Have you or a~y m~ber of your household used Southwest Metro Transit in the past year? YES ................... 20% NO .................... 79% DON'T KNOW/REFUSED ..... 1% 11 u~/z~/zuol ~ON 09:58 FA..,Y. 812 920 ~059 DBCISION RBSOURCES ~013/02 87. If you could choose, would you prioritize (ROTATE) the widening of major roadways to accommodate more automobiles OR expanding public transit services between Chanhassen and other points WIDENING ROADS/STRONG.37% WIDENING ROADS ........ 11% BOTH EQUALLY (VOL) ..... 7% EXPAND PUBLIC TRANS...12% EXP PUB TRANS/STRONG..24% N~ITHER (VOL) .......... 4% throughout the Metropolitan Area? DON'T KNOW/REFUSED ..... 6% (WAIT FOR RESPONSE) Do you feel strongly that way? Moving on .... 88. How would you rate the water qual- EXCELLENT ............. 15% ity in city lakes -- excellent, ~OOD .................. 49% good, only fair, or Door? ONLY FAIR ............. 19% POOR ................... 3% DON'T K~OW/REFUSED .... 14% 89. From what you have seen or heard, DO MORE ............... 21% should the City of Chanhassen be DOING ENOUGH .......... 56% doing more to improve the quality DON'T KNOW/REFUSED .... 23% of water in city lake~, or is it already doing enough? 90. In general, do you think the City TOO MUCH ............... 5% of Chanhassen's emphasis on ABOUT RIGHT ........... 74% environmental concerns is too TOO LITTLE ............ 13% much, about right, or too little? DON'T KNOW/REFUSED ..... 9% 91. During the past year have you YES/YES ................ 2% contacted the City Forester for YES/NO ................. 8% information or on any issue? NO/YES ................. 2% (WAIT FOR I{ESPONSE) Have you con- NO/NO ............ ~ .... 88% tacked the City's Wetland Special- DON'T KNOW/REFUSED ..... 1% ist? Let's talk about the availability and quality of tap water in the community. For each of the following, please rate that aspect of city water as excellent, good, only fair, or poor. If you have no opinion, Just say so .... EXCL GOOD FAIR POOR D.K. 92. Taste? 12% 39% 23% 18% 8% 93. Smell? 13% 47% 19% 13% 10% 94. Presence of rust and/or manganese? 7% 26% 22% 33% 14% 95. Consistent water pressure? 18% 61% 11% 5% 6% The City of Chanhassen could build a water treatment plant to reduce or eliminate water quality and clarity problems. The cost of construction and operation would be funded through an increase in household and business water rates. 12 07/23/2001 ~0N 09:$9 FAX 612 920 1069 ~ECI$ION I~$OURCRS ~014/025 96. Would you favor or o~pose the con- STRONGLY FAVOR ........ 9-5% struction of a water treatment plant in Chanhassen, if it would require a 15% increase in your w~ter bill to cover t/%e costs of construction and operation? (WAIT FOR RESPONSE) Do you feel strongly that way? FAVOR ................. 19 % OPPOSE ................ 14% STRONGLY OPPOSE ....... 29% DON' T K/~0W/REFUSED .... 13 % 97. Are you aware the City of Cb-nhas- YES ................... 96% sen has a lawn s~rinkling policy? NO ..................... 4% DON'T ~(NOW/~SED ..... 1% The policy currently states that odd-numbered addresses may water only on odd-n~,m~ere~ days and even-numbered addresses may do so only on even-numbered days. The policy atte~-~ts to reduce the amount of water the city takes from underground aquifers and to minimize the chance of shortfalls during times of peak water use and the loss of water pressure for residents and businesses. 98. Do you agree or disagree with this A~REE ................. 83% policy? DISAG~RR .............. 12% DON'T KNOW/REFUSED ..... 5% The current city practice is to issue tickets in t_he amount of $25.00 for first time violators. 99. Would you favor or oppose an in- AGREE .................. 25% crease in the fine for first time DISAG~R~ .............. '71% violators to $100.00 to provide DON'T KNOW/R~FUSED ..... 4% a more signific~t penalty? There has been some discussion about changin~ water rates to a tiered system to encourage conservation. Currently, water bills are based on a fixed cost for each gallon used,'regardless of the amount. Under this plan, the more water a household used, ~he higher the per gallon cost would become. There would be a clear cost incentive to conserve. 100. Would you favor or o~ose the · City of Chanhassen switching to a tiered rate structure to en- courage conservation? (WAIT FOR RESPONSE) Do you feel strongly that way? STRONGLY FAVOR ........ 30% FAVOR ................. 21% OPPOSE ................ 12% STRONGLY OPPOSE ....... 27 % DON' T K~OW/REFUSED .... 10% 13 07/23/2001 M0N 09:59 FAX 612 920 1069 DRCISION RE$OURCBS ~015/02 i01. Would you be willing to pay more NO .................... 85% for water usage if the city did YES/10% MORE ........... 4% not have an odd/even policy? (IF YES/20% MOR~ ........... 2% "YES," ASK:) How much more would YES/30% MORE ........... 0% you be willing to pay for water? Y~S/40% MORE ........... 0% Let's say, would you be willin~ to YES/50% MORE ........... 0% Day __ percent more? (CHOOSE YIES/UNSURE ............. 1% RANDOM STARTING POINT; MOVE UP OR DON'T KNOW/REFUSED ..... 8% DOWNDEPENDING ON ANSWER) How about percent more? (REPEAT PRocess) Changing topics .... 102. As you age, if you reached the point you needed care provid- ed by others, which of the following type of living arrange- men~ would you most prefer for yourself? (READ LIST %1-96) In your current residence with live-in home care...16% Live with a family member ........................... 8% In a senior group home .............................. In a senior apartment complex ...................... 28% In your current residence with regular care visits.31% In a nursing home ................................... DEPENDS ON HEALTH (VOL) ............................ 12% DON'T KNOW/REFUSED .................................. 4%' 103 . Does the develolmment through ou= YES ................... 40% the City seem well-planned for the NO .................... 25% future of Chanhassen? DON'T KNOW/REFUSED .... 35% IF A RESPONSE IS GIVEN, ASK: 104. Could you tell me one or two reasons why you feel that way? [n=259] NO ANSWER, 11%; GOOD JOB, 39%; NO PROBLEMS, 5%; MUCH GROWTH, 11%; NO OVERALL PLAN, 17%; NEED AFFORDABLE HOUSING, 10%; NEED MORE BUSINESS, 3%; TO BE IMPROVING, 4%; SCATTERED, 3%. TOO SEEM 105. Would you say the rate of develop- TOO FAST .............. 46% ment in the City of Chanhassen is ABOUT RIGHT ........... 50% too fast, about right, or too TOO SLOW ............... 4% slow? DON'T KNOW/REFUSED ..... 1% I would like to read you a list of characteristics of a communi- ty. For each one, please tell me if you think Chanhassen cur- rently has too many or too much, too few or too little, or about the right amount. 14 07/23/2001 M0N 10:00 PAX 812 920 1069 DECISION I~ESOURCSS ~018/025 MP. NY FE~/ ABT DK/ /MC~ LITT RGHT REFD 106. the number of people residing in the community? 15% 3% 80% 3% 107. apartments? 11% 25% 54% 11% 108. higher cost housing oppor- tunities? 40% 3% 52% 5% 109. condomini,,m~ and town/%ouses? 21% 16% 57% 6% 110. affordable housing, defined by Metropolitan Council as a single family home costing less than $137,0007 4% 65% 24% 7% 111. housin~ opportunities for seniors? 0% 57% 22% 21% 112. starter homes? 4% 60% 29% 8% 113. parks and open spaces? 8% 14% 77% 1% 114. trails and bikeways? 7% 21% 70% 2% 115. service and retail establish- ments? 5% 29% 66% 2% 116. entertainment and dining tunities? 3% 42% 54% 1% 117. During an average week, about how NONE .................. 18% often do you eat dinner out at a ONCE A WEEK ...... - ..... 45% sit-down restaurant? TWICE A WEEK ...... 2...23% THREE TIMES A WEEK .... 10 % FOUR OR MDRE TI~S ..... 5% DON' T KNOW/REFUSED ..... 0% 118. And, during an average week, about NONE ..... · ............. 27% how often do you get take-out or ONCE A WEEK ........... 46% fast-food? TWICE A W~EK ........... 17% THREE TIMES A WEEK ..... 8% FOUR OR MORE T]/~ES ..... 3% DON'T KNOW/~SED ..... 0% 119. What retail, restaurant, or business services do you feel are lacking or are limited in Downtown Chanhassen? NO ANSWER, 9%; NOTH~G, 31%; CLOTHING STORE, 8%; "SIT- DOWN" RESTAURANT, 29%; 0TFRRMAJOR RETAIL, 3%; SPECIALTY SHOPS, 6%; HOME IMPRO~, 8%; SCATTERED, 6%. 120. Excluding gasoline a~d food, what do you consider to be your principal retail shoppin~ area? NO ANSWER, 3%; TARGET-CHANHASS~N, 45%; EDEN PRAIRIE CENTER, 10%; MARKET SQUARe, 12%; MALL OF~ICA, 2%; SOUTH]DALE, 13%; RIDGEDALE, 1~%; SCATTERED, 4%. Some people believe the reconstruction or replacement of streets, trails, and curbs make the city more livable and attractive, and should therefore be funded through the property taxes of all 15 07/23/2001 UON 10:00 FAX 812 920 1089 DECISION I~$0URCES ~017/021 residents. Others believe these projects are only of value to people residing near them, and should be paid for by special assessments on adjacent ~nd affected property owners. Keeping mind the typical assessment is approximately $5,000 per home... in 121. How do you feel? Should street, TAXES 0N ALL .......... 49% trail, and curb reconstruction and SPECIAL ASSESSMENTS...30% major maintenance be funded by BOTH (VOL) ............ 13% citywide property taxes or special NEITHER (VOL) .......... 3% assessments on affected property DON'T KNOW/REFUSED ..... 6% owners? One proposal calls for cost-sharing of street, trail, and curb reconstruction and major maintenance. A percentage of the cost would be funded through general property tax revenues; the remainder would be funded through special assessments on affected property owners. If you could set the portion that general city revenues would fund .... 122. What would it be -- none, ten per- cent, twenty-five percent, thirty- three percent, fifty percent, sixty-six percent, seventy-five percent, or one hundred percent? NONE .................. 14% TEN PERCF/T? ............ 9% 25 PERCENT ............ 14% 33 PERCENT ............. 4% 50 PERCENT ............ 15% 66 PERCENT ............. 2% 75 FEi{CENT ...... . ....... 7% 100 PERCENT ........... 15% DON'T KNOW/REFUSED .... 19% Changing topics .... 123 . During the past year, have you telephoned a Chanhassen City Facility? Y~S ................... 55% NO .................... 44% DON'T KNOW/REFUSED ..... 2% IF "YES," ASK: 124. On your last telephone call to the City, which Department did you contact -- Law En- forcement, Fire Department, Public Works, Water Resource, Parks and Recreation, Build- ing Inspections, Engineering, Planning, Administration, the Recreation Center, the Finance Department, the mayor and City Council, or the Gen- eral Information Desk Recep- tionist? [n=218] LAW ENFORCF2V~ET ....... 11% FIPJ~ DEPARTMENT ........ 1% PUBLIC WORKS .......... 16% WATER RESOURC~ ........ 10% PARKS AND R~C ......... 22% BUILDING INSPECT ...... 15% ENGINEERING ............ 1% PLANNING ............... 4% ADMINISTRATION ......... 3% RECREATION CF/qTER ...... 3% FINANCE OFFICE ......... 1% MAYOR/CITY COUNCIL ..... 2% GENERAL INFORMATION...ll% DON'T KNOW/REFUSED ..... Thinking about your last telephone call to the City, for each of the following characteristics, please rate the 16 07/23/2001 MON 10:00 FAX 612 920 1069 DSCISION IU~SOURCES' ~018/025 service as excellent, good, only fair, or ~oor .... 125. 126. 127. EXC GOO FAI PO0 DKR waiting time for the reception- ist to answer your call? 36% 46% 9% 4% 5% Courtesy of city staff? 47% 43% 5% 4% 2% Ease of your business trans- action with city staff? 37% 45% 8% 7% 3% 128. Was your request handled by NO .................... 62% leaving a voice mail message? YES/YES ............... 29% (IF 'YES," ASK:) Did you re- YES/NO ................. 5% ceive a t~mely response? DON'T KNOW/REFUSED ..... 5% 129. During t, he past year, have you contacted the City of Cha~h~ssen by e-mail ? YES .................... 8% NO .................... 92% DON' T KNOW/REFUSED ..... 0% IF "YES, · ASK: 130. Did you receive a response by YES ................... 88% e-mail? [n=32] NO .................... 12% DON'T KNOW/REFUSED ..... 0% 131. Were you satisfied or dissat- SATISFIED ............. 81% isfied with the way your e- DISSATISFIED .......... 16% mail communication was BOTH/~IT~ ........... 0% hagdledby the City? DON'T K/~0W/REFUSED ..... 3% Moving on .... 132. How would you rate the City of EXCELLENT ............. 35% Chanhassen's park and recreational GOOD .................. 51% facilities -- excellent, good, ONLY FAiR ..... ~ ....... 10% only fair, or poor? POOR ................... 0% DON'T KNOW/REFUSED ..... 4% The Chanhassen Park System is composed of s~-11er neighborhood parks designed to serve nearby residents; larger conum~nity parks such as Lake Ann, Lake Susan, and City Center, dedicated to active uses such as ballfields and ice rinks; and trails, in boulevards, around lakes, and through parks and natural areas. For each one, please tell me if you or members of this household have visited that facility during the past year. Then, for each one you or m_-m_~ers of your household have visited, please rate it as excellent, good, only fair or poor. If you have no opinion, just say so .... NOT EXC GOO FAT P00 DKR 133. Smaller neighborhood parks? 17% 32% 43% 4% 1% - 3% 134. Larger community parks? 17% 37% 39% 3% 0% ~% 135. Trails? 17% 30% 43% 5% 1% 5% 17 u~/z~/ZUUl HON 10:00 FAX 612 920 1069 DRCISION RESOURCRS ~019/02i On another topic .... 136. Are there any recreational facilities not currently in the City of Ch~nhassen which you would like to see here? (IF "YES," ASKs) What are they? NONE, 59%; POOL, 17%; 5%; GOLF COURSE, 2%; SCATTERED, 4%. COMMUNITY CENTER, 9%; MORE TRAILS, SPORTS FIELDS, 2%; ICE ARENA, 2%; 137. Do you or members of your household regularly leave the City of Char~hassen to use leisure-time recreational facilities or programs in other cities? (IF "YES," ASK;) What types of facilities or programs are you usir~3 elsewhere? NO, 46%; HEALTH CLUB, 14%; POOL, 7%; CAMPING, 2%; VARIOUS REC PROGRAMS, 4%; LAKES, 10%; PARKS, 4%; THEATERS, 2%; GOLF COURSE, 4%; TRAILS, 4%; SCATTERED, 3%. 138. Specifically, how would you rate the appearance of the city's park and recreation facilities? EXCELLENT ............. 34 % GOOD .................. 57 % ONLY FAIR .............. 7% POOR ................... 0% DON' T KNOW/R~.FUSED ..... 2% As you may know, several city parks contain natural areas where vegetation is allowed to grow wild. 139. Would you favor or oppose expand- FAVOR ................. 59% lng the amount of existing land in OPPOSE ................ 27% the parks.left unmowed as natural DON'T KNOW/REFUSED .... 14% areas? 140. In the past twelve months, have YES ................... 39% you or any members of this house- NO ...... ' .............. 61% hold used any city-sponsored rec- DON'T KNOW/REFUSED ..... 0%' reational programs or ~acilities? ASK: 141. which ones? [n=157] PARKS, 10%; SWIMMING, 12%; BASEBALL, SOFTBALL, 10%; SOCCER, 12%; OTHER SPORTS, 10%; REC CENTER, 33%; COMMtS~ITY EVENTS, 8%; SCATTERED, 5%. 142. Were you generally satis- fied or dissatisfied with the program(s)? SATISFIED ............. 98% DISSATISFIED ........... 2% DON'T K~OW/R~FUSED ..... 0% I would like to read you a short list of proposals for additional park and recreational facilities in the community. If the City could partner with a private or public organization through providing development incentives or reducing city fees, would you 18 07/23/2001 MON 10:01 FAX 612 920 1069 DBCISION RBSOURCSS ~020/025 strongly support that recreational develoumen~, somewhat ~upport, somewhat oppose, or strongly o~pose that recreational develop- ment, If you have no opinion, just say so .... STS SM~ ~MO STO DKR 143. Development of a municipal golf course? 14&. Construction of an outdoor swimming pool ? 145. Construction of an indoor swimmin~ pool ? 146. Construction of a full-service Community Center, includin~ in- door faro{ ly leisure-fun pool, walking/running track, ~ymna- siums, aerobics room, racquet- ball courts, and exercise equip- ment and weight room? 147. Construction of an indoor ice arena for hockey and figure skating? 148. Development of a water park, featuring pools, slides, and other water-related activities? 20% 30% 17% 27% 7% 29% 27% 15% 25% 5% 32% 30% 15% 22% 2% 38% 27% 10% 22% 3% 15% 29% 18% 34% 4% 19% 25% 22% 31% 3% 149. Should suly of these recreational facilities be constructed ~d operated solely by the City of Cb~hassen using property tax revenue? (IF "YES," ASK:) Which ones? NO ANSWER, 7%; NO, 63%; ALL OF THEM, 10%; COMMUNITY ' CENTER, 9%; POOL, 7%; GOLF COURSE, 2%; SCATTErs, 3%. 150. If t_he City were to build a recre- NONE/WO~ NOT USE .... 11% ational or community center in FIVE MINUTES OR LESS..12% Chanhassen,'howmany minutes would 6-10 MINUTES .......... 40% you be willinu to sDen~ driving to 11-15 ~TNUTES ......... 25% the facility -- five m4nutes or 16-20 MINUTES .......... 9% less, 6-10 minutes, 11-15 minutes, DON'T KNOW/~R~USED ..... 4% or 16-20 minutes? Snowmobiling is currently permitted on city streets and designat- ed trails in Chanhassen .... 151. Do you or anyone in your household YES ................... 11% own a snowmobile? NO .................... 89% DON'T KNOW/REFUSED ..... 0% 19 07/23/2001 M0N 10:01 FAX 812 920 1089 DECISION RE$0URCR$ 152. would you support or oppose ban- ning snowmobiles in residential areas, ~o that snowmobilers would be required to trailer their snow- mobile to specific parking areas in the City for access to desig- nated trails? SUPPORT ............... 55% OPPOSE ................ 38% DON'T KNOW/REFUSED ..... 7% 153. Would you support or oppose a total ban of snowmobiling in the City of Chanhassen? SUPPORT ............... 31% OPPOSE ................ 65% DON'T KNOW/REFUSED ..... 4% Moving on .... 154. Do you own or have access to a modem-equi~ed personal computer at home? (WAIT FOR RESPONSE) Do you have access to one at work? YES/YES ............... 67% YES/NO ................ 16% NO/YES ................. 5% NO/NO ................. 13% DON'T KNOW/REFUSED ..... 0% IF "YES/YES," "YES/NO," OR "NO/YES," ASK: 155. Are you aware the City of YES ................... 56% Chanhassen has a home ~age on NO .................... 43% the World Wide Web? [n=349] DON'T KNOW/REFUSED ..... 1% IF "YES," ASK: 156. }{ave you accessed this web page? YES ................... 46% NO .................... 54% DON'T KNOW/REFUSED ..... 0% IF "YES," ASK: 157. What type of information were you seeking on the web page? [n=89} NO ANSWER, 12%; BROWSING, 21%; GENERAL INFORMATION, 28%; EVENTS, 6%; PARK ANDREC, 10%; COUNCIL, 7%; CODE, ORDINANCE INFOR- MATION, 8%; SCATTERED, 5%. 158. Did you find the information you were looking for? YES ................... 62% NO .................... 12% DON'T KNOW/REFUSED .... 26% 159. What type of information would you like to see on the C~ty's web page? [n-349] NO ANSWER, 38%; CITY SERVICE INFORMATION, 7%; CODE INFORMATION, 3%; GENERAL, 14%; PARK AND REC, 8%; COMMUNITY EVENTS, 14%; CITY COUNCIL, 7%; CITY ISSUES, 7%; SCATTERED, 2%. 20 7/23/2001 M0N 10:01 FAX 612 920 1069 DECISION RESOURCES ~022/02~ I would like to read you a short list of transactions which could be completed on-line. For each one, Dlease tell me how likely you would be to do so -- would you be very like- ly, somewhat likely, not too likely, or not at all likely to conduct that transaction on-line? [n=349] VRY SM~ NTO NAL DKR 160. Purchase a dog license? 161. ComDlete a building perm4t application? 162. Register for a City park and recreation program? 163. Apply for a lawn waterin~ permit? 164. Receive and pay your water bill? 28% 20% 7% 43% 32%- 32% 10% 26% 44% 28% 4% 23% 32% 25% 8% 33% 30% 23%' 9% 37% 2% 1% 1% 3% 2% 165. If the City were to offer residents the option of receiving the newsletter, "The Chanha~senCommunity News," electronically by e-mail instead of by mail, how likely would you be to switch to the on-line ver- sion -- very likely, some- what likely, not too likely, Or not at all likely? VERY LIKELY ........... 26% SOMEWHAT LIKELY ....... 24% NOT TOO LIF~T.Y ........ 17% NOT AT ALL LIKELY ..... 30% DON'T KNOW/RRwUSED ..... The city newsletter, called "The Ch~assen Community News" is published four times per yea~ and mailed to all residents. · . 166. Do you regularly read and receive YES ........... ~ ....... 85% this newsletter? NO ..... - ............... 13% DON'T KNOW/REFUSED ..... 2% IF "YES," ASK; 167. How much of the newsletter do ALL OF IT ............. 30% you read -- all of it, most MOST OF IT ............ 38% of it, some of it, or very SOME OF IT ............ 25% little? [n=341] V~RY LITTLE ............ 6% DON'T KNOW/~wUSED ..... 0% 168. How would you rate its format -- excellent, good, only fair, or poor? EXCELT.~9~T ............. 16% GOOD .................. 66% ONLY FAIR ............. 14% POOR ................... 1% DON'T KNOW/REFUSED ..... 2% 169. Does your household subscribe to cable television? YES ................... 64% NO .................... 36% DON' T KNOW/REFUSED ..... .0% 21 07/23/R001 MON 10:01 FAX 61R 9R0 1069 DECISION RRSOURCES ~0~3/0 170. How would you rate the City's EXCELLENT .............. 5% overall performance in communicat- GOOD .................. 38% ing key local issues to residents ONLY FAIR ............. 27% in its publications, website, POOR ................... 9% mailings, and on cable television DON'T KNOW/REFUSED .... 20% -- excellent, good, only fair, or poor7 IF A RESPONSE IS GIVEN, ASK: 171. Could you tell me one or two reasons why you feel that way? [n=319] NO ANSWER, 20%; INFORMATION AVAILABLE, 25%; GOOD JOB, 12%; POOR CABLE, 10%; DO NOT ADDRESS NEGATIVES, 6%; INSUFFICIENT, 16%; COULD IMPROVE, 9%; SCATTERED, 2%. 172. If you could choose the best way for you to receive informa- tion about City government and the issues facing the commun- ity, what would it be? NO ANSWER, 3%; "VILLAGER," 9%; CABLE, 2%; NEWSPAPER, N~WSPAJ~ER, 18%; INTERNET, 24%; NEWSLETTER, 21%; MAILINGS, 23%. Changing topics .... 173. 174. How would you rate relations and cooperation between the City of Chanhassen and your local school district -- excellent, good, only fair, or poor? In what public school district do you reside -- Minnetonka Public Schools or Chaska Area Public School District 1127 EXCELLENT .............. 8% GOOD .................. 30% ONLY FAIR .............. POOR ............. ~ ..... 3% DON'T KNOW/REFUSED .... 5 MINNETONKA ............ 2 CHASKA AREA ........... 6 DON' T KNOW/REFUSED ..... 1% 9% 3% 8% 175. How would you rate the quality of education provided by the Public School District in which you re- side -- excellent, good, only fair or poor? EXCELLENT ............. 22% GOOD .................. 36% ONLY FAIR .............. 8% POOR ................... 4% DON'T KNOW/REFUSED .... 31% Now, just a few more questions for demographic purposes .... Could you please tell me how many people in each of the following age groups live in your household. Let's start with the oldest. Be sure to include yourself. 176. First, persons 65 or over? NONE .................. 86% ONE .................... 8% TWO OR MOR~ ............ 6% REFUSED ................ 0% 22 )7/23/2001 MON 10:02 FAX 612 920 1069 DECISION R~$0URCES ~ o24/0~ 177. Adults under 65? NON~ ................... 8% ONE ................... 13% TWO ................... 70% THREE OR MORE .......... 9% REFUSED ................ 0 % 178. School-aged or pre-school children? NONE .................. 52% ONE ................... 14% TWO ................... 24% TH~. OF MORE ......... 11% REFUSED ................ 0% 179. Is a full-time or part-time home- based business operated out of your residence? YES ................... 18% NO .................... 82% DON' T KNOW/REFus~n ..... 0% 180. DO you reside in an apartment, town/%ouse, or Bingle-f~m~ ly home? APARTMENT .............. 3% TOWNHOUSE .............. 9% SINGLE-FAMILY HOM~ .... 88% SOMETHINGELS~ (VOL)...0% DON'T KNOW/REFUSED ..... 0% 181. What is your a~e, please? (READ CATEGORIES, IF N~DED) 18-24 .................. 2% 25-34 ................. 11% 35-44 ................. 35% 45-54 ................. 29% 55-64 ................. 13% 65 AND OVER ........... 11% REFUSED ................ 0% 182 . What is the last grade of school you comDleted? LESS THAN HIGH SCH ..... 0% HIGH SCHOOL GRADUATE..15% VO-TECH SCHOOL ......... 3% SOME COLLEGE .......... 22% CO?.T.E~E GRADUATE ...... 42% POST-GRADUATE ......... 18% REFUSED ................ 0% And now, for one final question, keeping in mind that your ~nswers are held strictly confidential .... 183. Is your pre-tax yearly household income over or under $100,0007 IF "OVER," ASK: Is it over $150,0007 (IF "YES," ASK:) IS it over $200,0007 IF "UNDER," ASK: Is it under $50,0007 UNDER $50,000 .......... 8% $50,001-$100,000 ...... 36% $100,001-$150,000 ..... 19% $150,000-$200,000 ..... 11% OVER $200,000 .......... 5% DON'T KNOW ............. 1% REFUSED ............... 20% Thank you very much for your time. 184. Gender (D0 N0T ASK) Good-bye. MALE .................. 50% FEMALE ................ 50% 23 ,,,,~.~xzuu~. ~u~ 10:02 FAX $12 920 1059 I)ECISION RESOURCES 185. P.~GION OF CI~ (PRECINCT) ONE ................... 17% TWO ................... 13% THREE ................. 15 % FOUR .................. 18% FIVE .................. 21% SIX ................... 17 % I I I I I I I I I I l I I I l I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I [ I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I ~ I111!111 ll {{ C 0F MEMO~IJM FROM: DATE: Todd Gemardt, City Manager Kate Aanenson, Community Development Director September 6, 2001 SUBJ: Villages on the Ponds Attached is an outline of the presentation staff will be giving at Monday's work session. Included are the following items: Livable Communities Act PUD Zoning and Design Standards Transit Capital Financial Chant Time Line History Much of the presentation and talk includes maps and general discussion of how this project came to be. Staff has proposed the following outline. XJ History of zone change a. City objectives homing diversity .-- density in close proximity to downtown no big box natural feamr~ (wetland and wooded knoll) mixed use - linkage8 between employment, housing and transit compliment downtown - extension b. Integration of IAvable Commtmifies Act c. St. Hubert's Influence . Summary of: · Zoning (PUD) · Design standards · EAW , · Transit Capital Financial Assistanc~ $1901000 · Livable Communities Demonstration Account $500,000 ~0f~A 4. Development summary and changes to date 5. Vemelle Clayton will be speaking on pending changes Villal~es on the Ponds History. On August 13, 2001, the City Council approved an amendment to the Villages on the Ponds Development Design Standards permitting a drive throhgh window as a conditional use on Lot 1, Block 1, Villages on the Ponds 2"d Addition. Additionally, drive through windows were prohibited in the rest on the Villages on the Ponds. On October 11, 1999, The City Council approved Site Plan ~)9-11 for a 5,233 square foot Ruby Tuesday Restaurant on Lot 1, Block 1, Villages on the Ponds 2"d Addition. This site plan had been originally approved on September 27, 1999. On September 13, 1999, the City Council approved PUD ~)5-2 granting Final Plat approval for Villages on the Ponds Sixth Addition, creating one lot. This is the site for the Lake Susan Apartment Homes development (Site Plan ~9-9).' On June 28, 1999, the City Council approved PUD #95-2 granting Final Plat approval for Villages on the Ponds Fifth Addition, creating one lot and one outlot. This site is for the Foss Swim School. On June 28, 1999, the City Council approved Site Plan #99-9 for a three building apartment development within the Villages on the Ponds development on Ouflot J, Villages on the Ponds (Lot 1, Block 1, Villages on the Ponds 6 Addition), each building will be three stories with 54 units for a total of 162 units. On June 28, 1999, the City Council approved PUD ~95-2 granting Final Plat approval for Villages on the Ponds Fourth Addition, creating one lot and two ouflots. This site is for the Peddler Cyclery, a.k.a., Bokoo Bikes. On June 28, 1999, the City Council approved Site Plan ~)9-10 for an 11,095 square foot 1~ story retail, showroom and office building on Lot 1, Block 1, Villages on the Ponds 4th Addition, The Peddler Cyclery, a.k.a., Bokoo Bikes. On June 14, 1999, the City Council approved site plan ~99-8 for Foss Swim School for a 9,800 square foot swim school facility on Lot 1, Block 1, Villages on the Ponds 5th Addition. On May 11, 1998, the City Council approved Site Plan 98-5 for a 7,443 square foot Houlihan's Restaurant (Building 2) on Lot 1, Block 1, Villages on the Ponds 3ra Addition. On May 11, 1999, the City Council approved the final plat for LOt 1, Block 1, Villages On the Ponds 3ra Addition subdividing Outlot D and part of Outlot E, Villages on the Ponds. On November 24, 1997, the City Council approved Site Plan #97-11 for a 5,300 square foot building (Building 3) on Lot 1, Block 1, Villages on the Ponds 2na Addition, for Famous Dave's. This building was not built. On September 23, 1997, the city granted approval for a 14,849 square foot retail building on Lot 2, Block 1, Villages on the Ponds 2~ Addition, (Building 4). Building 4 is a one story, 14,849 square foot, multi-tenant, retail building. On September 23, 1997, the city granted Final Pla approval for Outlot C into Lots 1 and 2, Block 1, and Outlot A, Villages on the Ponds 2m~ Addition. September 12, 1997, enter into sub-recipient agreement with AUSMAR to consmmt the improvement spelled out by the Metropolitan Council's grants. On August 11, 1997, the City Council approved a proposed 30,000 square foot office building (Building 17) on Outlot K, Village on the Ponds (g97-9 SPR), plans prepared by Milo Architecture Group, dated 6113197. May 19, 1997, enter into Livable Communities Act Grant agreement with the Metropolitan Council for the provision of public realm improvements and affordable housing in Villages on the Ponds ($500,500.00). February 24, 1997, enter into Transit Capital Financial Assistance Gmat with the Metropolitan Council for the provision of a transit facility within Villages on the Ponds .($190,000.00). On December 16, 1996, the City Council approVed Site Plan 96-13 for a 45,505 square foot Americlnn Motel and Suites facility (Building 1) on Lot 1, B~ock 1, Villages on the Ponds. On September 23, 1996, the City Council approved PUD 95-2, Villages on the Ponds, including a Comprehensive Land Use Plan amendment from Office/indmtrial, Institutional, Residential Meclim Density, Residential Low Density to Mixed Use-CommeI~al, I-ligh Density Resi.'dgaltial, Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units; Re. zoning from lOP and RSF to PUD, Planned Unit Development (final reading); and final plat dated "Received September 19, 1996" for two lots and ten outlots and public right-of-way. On September 9, 1996, the City Council approved Site Plan 96-11 for a 96,288 square foot school church facility for St. Hubert Catholic Community on LOt 1, Block 2, Villages on the Ponds. On August 12, 1996, the City Council granted preliminary approval of PUD g92-1 including a Comprehensive Land Use Plan amendment from Office/industrial, Institutional, Residential Medium Density, Residential LOw Density to Mixed Use-Commercial, I-~gh Density Residential, Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ff. of commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units; Rezoning from lOP and RSF to PUD, Planned Unit Development (tint reading); Preliminary plat for 13 lots and 3 outlots and public fight-of-wa},, Wetland Alteration Permit to fill and excavate wetlands on site; Vacation of right-of-way and easements; Environmental Assessment Worksheet (EAW) findings of Negative Declaration of the need for additional environmental investigation; and Indirect Source Permit Review for the Villages on the Ponds project. PLANNING COMMISSION CITY COUNCIL 10/4/95 Villages concept discussion 10/18/95 Villages concept discussion 11/1/95 Livable Communities discussion 11/15/95 Villages concept discussion 11/27/95 12/11/95 Villages concept discussion Villages concept discussion 2/7/96 Livable Communities hearing 5/1/96 Villages worksession- needs, wants, goals 5/15/96 Villages work, session - concept and opportunities 6/5/96 Villages worksession - subdivision/technical details 6/18/96 Developer Open House 6/19/96 Villages worksession - architecture, design criteria, uses 6/24/96 Livable Communities Action Plan 7/17/96 Villages Preliminary PUD 8/12/96 Villages Preliminary PUD 9/9/96 Villages Final Plat 9/23/96 Villages Final Plat CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 26~ 1998 RESOLUTION NO: 98-95 MOTION BY: Berquist sECONDED BY: Mason RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER TI:W. METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (]V[innesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Commmaities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing'Incentives Account Program under the · Minnesota Statues section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycling housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions of the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution af~ a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year;, and WHEREAS, for calendar year 198, a metropolitan area municipality that participated in the Local, Housing Incentives Account Program during the calendar year 1997, can continue to participate under Minnesota Statues section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED that the City of Chanhassen hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. Passed and adopted by the Chanhassen City Council this 26th day of October, 1998. ATTEST: Do , ~f/Cler~anager Nancy K.-Ma~cino, Mayor YES NO, ABSENT Mancino Engel Senn Mason Berquist None None HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The City of Chanhassen supports: 1. A balanced housing supply, with housing available for people of all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. t A community of well maintained housing and neighborhoods, including ownership and rental housing. . Housing development that respects the natural environment of the community xvhile striving to accommodate the need for a variety ofhousing types and costs' . The availability of a full range of services and facilities.for its residents, and the improvement of access to an linkage between housing and emPloyment. GOALS To carry out the above housing principles, the City of Chanhassen agrees to use the benchmark' indicators for communities of similai' location and stage of development as affordable and life- cycle housing goals for the period of 1996 to 2010, and to make its best efforts, given market conditions and source availability, to remain within or make progress toward these benchmarks. The City of Chanhassen reserves the right to negotiate the goals after 2.years. Chanhassen agrees that the Metropolitan Council will use other market indicators to evaluate goals. These indicators may include land prices, interest rates, cost of construction, and environmental factors including trees and wetlands. [ City Index [ Benchmark [ Goal Affordability 0 ~vnership 37% 60-69% '30% Rental 44% 35-37% 35% Life-Cycle ,. Type (Non-single family detached) 19% 35-37% 34% 1991 Comp Plan Owner/Renter Mix 85/15% 67-75/25-33% 90/10 Density Single-Family Detached 1.5/acre 1.8-1.9/acre 1.8 Multifamily 11/acre 10-14/acre 9-10 AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND AUSMAR DEVELOPMENT CO., LLC FOR USE OF TRANSIT CAPITAL FINANCIAL ASSISTANCE AND LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT FUNDS AS PART OF THE METROPOLITAN COUNTIES LIVABLE COMMUNITIES DEMONSTRATION INITIATIVE THIS AGREEMENT is entered into this /2--T"~ay of ~~ , 1997, by the City of Chantmssen ("the City"), and AUSMAR Development Co., LLC ("the Developer") for the use of Metropolitan Council Transit Assistance Capital Grant Funds to Construct a transit facility and Metropolitan Council Livable Communities Demonstration Account funds for pedestrian improvements in connection with the Developer's Village on the Ponds development. WHEREAS, the Metropolitan Council is authorized by law to make grants to the City to assist in the funding of transit capital projects such as public transit and support facilities and demonstration projects to assist in providing safe and'Convenient access to transit services; and WHEREAS, the City is authorized by Minnesota Statutes 473.254 :to " participate in'the Livable Communities Demonstration Account and the Local Housing Incentives Account, and' is an eligible recipient for transit capital financial assistance under Minnesota Statutes section 473.375; and transit for livable communities under Minnesota Statutes section 473.3875; and WHEREAS, the City has been awarded grant funds from the Metropolitan Council pursuant to these programs, as evidenced in Attachments A and B, for the purpose of constructing a transit facility and pedestrian improvements within the City; and WHEREAS, the City is authorized by Minnesota Statutes section 412.221 to enter into contracts or agreements to make effective its powers. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Developer and the Council agree as follows: ARTICLE I. PROJECT 1.1 Project. Developer will construct the transit facility, including bus cut- outs, heated bus shelter, pedestrian plaza, related street furniture, signage and lighting 52457 · and related improvements designated as the Lake Drive East Transit Facility (Villages on the Ponds). 1.2 Construction Plans. Developer will construct the Project aecor~ to the Plans and Specifications and related documentation attached as Appendix C. ARTICLE H. FINANCING 2.1 Project Costs. Developer will account for all costs associated with the Project in accordance with the requirements specified in Attachments A and B, and in particular Section IH of Attachment A, and Section IV of Attachment B. 2.2 Processing and Reimbursement. Developer will forward to the City all grant eligible Project costs. The City will forward the submitted costs to the Metropolitan Council for reimbursement. City will promptly forward or transfer any grant funds received from the Metropolitan Council to the Developer. The City has no responsibility for payment of any grant-eligible Project .costs not reimbursed by the Metropolitan Council. 2.3 Non-eligible costs. Developer agrees to submit only grant-eligible costs to the City and the City has no responsibility for a0_y non-grant-eligible costs of the Project. 2.4 Cost overruns. Developer bears all risk of any cost overturn or project changes and expressly agrees to release the City from any responsibility or liability associated with these events. Maximum amount of funding for these improvements shall be $690,500.00. ARTICLE ITl. GENERAL CONDITIONS 3.1 Compliance with Law. The Developer agrees to comply, and to require all subcontractors to comply, with the provisions of all applicable state and federal laws, including workers' compensation, reemployment insurance, contractor and subcontractor payment statutes, and Occupational Safety and Health Act regulations. 3.2 Liability. Each party agrees that it will be responsible'for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The City's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. 5z,~57 -2- 3.3 Risk of Loss and Insurance. Developer Shall bear the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land associated with the Project, whether or not funded in whole or in part by grant proceeds. Developer will secure appropriate insurance or alternative coverage to cover full replacement value and to protect grant funds or City assets as indicated in Section $.07 of Attachment B. 3.4 Equal Opportunity; Affirmative Action. Developer agrees to comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use as specified in Section /$.08 of Attachment B. 3.5 Permits, Bonds, and Approvals. Developer is responsible for obtaining all applicable local, state and federal permits, bonds, and authorizations necessary for completing the Project. 3.6 Other Grant Terms. Developer reaffirms its agreement to be bound by all terms and obligations associated with the receipt of Metropolitan Council grant funds as specified in Attachments A and B and agrees to defend and hold harmless the - City for any loss or liability attributed wholly or partly to the noncompliance by the Developer with the terms or obligations imposed by the Metropolitan Council. IN WITNESS WItE~OF, the parties 'have caused this agreement to be executed by their duly authorized representatives on the day first written above... CITY OF CItANHASSEN Nancy K. Mancino, Mayor AND: -3- STATE OF MINNESOTA COUNTY OF CARVER The foregoing instrument was acknowledged before me this ,,~,5''t~ day of ~ , 1997, by Nancy K. Maneino and by Don Ashworth, respe&ively the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA COUNTY OF (....~ .~,]~ [~ KAREN J. ENGELHARDT NOTN:I'Y PUBLIC- CARVER COUN'~1~ _ The foregoing instrument was ac_.knowledged before me tills /~-~/-~ay of · "~ ,.'2'..=- .O'F~;71,3ff (~ 1997~.~y ~"O ~J H, 1.42~ t~ ~ ~e (~l~ff 1~ ),~N~.i~]Of AUSM~ Development Co., LLC., a M~om l~it~ liabili~ rumply, on behalf of ~e comply... - No~ ~blic 5z457 -4- ATTACHMENT A Grant No. 8G-97-53 METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT AGREEMENT · · THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the City of Chanhassen ("~antee"). 'WHEREAS, Minnesota Statutes section 473.251 crcat~ the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Mctwpolitan Livable Communities Act and the policies of thc Metropolitan Development Guide adopted by the Council; and . ,. WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within thc Metropolitan Livable Communities Fund a Livable Communities Demonstration Account and require the Council* to use the funds in the account to make grants or loans to municipalities participating in the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to metropolitan-area counties to fund the initiatives specified in Minnesota Statutes s~tion 473.25, paragraph (b), in participating municipalities; and ~,VHEREAS, the Grantee is a "municipality" participating in the Local Housing Incentives Account program under Minnesota Statutes section 473.254 or a metropolitan-area county and Submitted an application for Livable Communities Demonstration Account funds in response to the Council's request for applications; and WttEREAS, at its D~cmbcr 19, 1996 regular meeting, thc Council awarded Livable Communities Demonstration Account grant funds to four projects, including the project described in thc C.~'antcc's application for Livable Communities Demonstration Account funds. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have il'lc meanings Eiven them in this paragraph unless otherwise provided or indicated by the context. (a) "Metropolitan Area" means the seven-county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. '"Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Account Program under Minnesota Statutes s~ction 473.254, or a county in the Metropolitan Area. "Par~ici~vating Municitmlit2 °° means a statutory or home rule charter city or town which has elected to participate in the Local Housing Incentive Account program and negotiated affordable and life-cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. IL GRANT I~INDS 2.01 Total Grnnt. Amount. The Council will giant to the Grantee a total sum of $500,500.00 which shall be funds fr~o'm the Livable Commtmlties Demonstration Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision of this agreement, the Grantee understands and agrees that any reduction or termination of Livable Communities Demonstration Account grant funds made/tvailable to the Council may result in a like reduction to the Gran~ 2.02 Authorized Use of Grant Funds. The total lp'ant nmount made available to the Grantee under this agreement shall be used only for the purposes and activities described in the Grantee's application for Livable Communities Demonstration Account grant funds, as revised to refl~t the grant award made by the Council.. A copy of'the Grantee's application which identifies eligible uses of the grant funds is attached to and incorporated into this agreement as Attachment A. If the provisions of the Grantee's application are inconsistent with other provisions of this agreement, the other provisions of this agreement shall take precedence over the provisions, of the application. Crrant funds must be used to fund the initiatives specified in Minnesota Statute.i section 473.25, paragraph (b), in a Participating Municipality. Grant funds must be used for costs'directly associated with the specific proposed activities and are intended to be used for "hard costs" rather than "soft costs" such as: administrative overhead; activities prior to the start of the grant project; travel expenses; legal fees; permits, licenses or authorization fees; costs associated with preparing other grant proposals; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or pcrt'ormance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt manner, any unspent grant funds and any grant funds which are not used for the authorized purposes specified in this paragraph. The Grantee must complete all major components of the grant project as proposed and for which the Council made its grant award, or the Crmutee must return to the Council the entire grant amount specified in paragraph 2.01 of'this agreement. 2.03 Budget Variance, A variance of ten percent (10%) in the.amounts allocated to various eligible uses identified in Attachment A shall be considered acceptable without further documentation or Council approval. Budget variances exceedin~ ten percent (10°4) may require approval of the governing body of the Metropolitan Council. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant fimds under this agreement shah not exceed the maximum grant amount specified in paragraph 2.01 of this agreement. 2.04 Disbursement Schedule. The Council will disburse the grant funds to the Grantee in accordance with thc grant fund disbursement schedule contained in A~ent B, which is ' incorporated into and made a part of this agreement. The Council will make disbursements only upon receipt of' a written disbursement request from the Grantee's authorized agent or representative. .. 2.05 Interest Earnings. If the Grant~ earns any interest or other income from the grant funds received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the project activities described in Attachment A. 2.06 Effect of Grant. Issuance of this grant neither implies any Council'responsibility for contamination, if any, at the project site nor imposes any obligation on the Council to participate in any pollution cleanup of the project site if such cleanup is undertaken or req~. III.' A(~COUNTING, AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and '4.02, such accounts and records shall be kept and maintained by thc Grantee for a period of three (3) years following thc completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. For all cxpendi..tures of grant funds received pursuant to this agreement, the Grantee will keep proper financial records including invoices, contracts, receipts, vouchers and other appropriate documents sufficient to evidence in proper detail the nature and propriety of the expenditure. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits; The above accounts and records of thc Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by thc Council at any time, following reasonable notification to the Grantee, for a period of three (3) years following the .completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. 3.03 Report Requirements. The Grantee will provide to the Council one or more written reports which report on the status of the project activities described in Attachment A and the expenditures of the grant funds. The reporting schedule and thc content of the written report(s) are identified in Attachment C, which is incorporated into and made a part of this agreement. 3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project a~tivities funded by this grant, and that any environmental issues have been or will be adequately addressed. IV. AGREEMENT TERM 4.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02, this agreement will expire upon completion of the project activities described in Attachment A or following the expenditure of all gr~t funds by the Grantee, whichever occurs earlier. 4.02 '~ermlnatlon. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. If this agreement is terminated, the Grantee shall receive payment on a pw rata basis for pwject activities descn'bed in Attachment A that have been completed. Tenninafion Of this al/;reement does not alter the Coun~l's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obli~tion to return any ~mt funds due to the Council as a result of later audits or corrections. If the Coundl deterwlr~es the Grantee has failed to comply with the terms and conditions of this ~reement and the applicable provisions of the Metropolitan Livable Communities. Act, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. 4.03 Amendments. The Council and thc Grantee may amend this agreement by mutual agreement. Amendments, changes or modifications of this agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS S.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for'training. 5.02 Conflict of Interest The members, officers and employees of the Grantee shall comply, with all applicable state statutory and regulatory conflict of interest laws and pwvisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agentS, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resul~ from the conduct or implementation of the project activities funded by this grant. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CF2.CLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 19.76 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation .of indemnity which otherwise would exist between the Council and the Grantee. The pwvisions of this paralp'aph shall survive the termination of this a§reement. This indemnification shall not be construed as a waiver on the part of eltra' the Grantee or the Council of .any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. ~.04 Acknowledgments. The Grantee shall acknowledge the financial assistance pwvided by the Council and the State of Minnesota in pwmotional materials, press releases, reports and publications relating to the pwject activities described in Attachment A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following, or similar, language: This project was financed in part with a 'grant from the Metropolitan Council through the Livable Communities Demonstration ~ccount of the Metropolitan Livable Communities Fund. 5.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform or complete the project activities described in Attachment A. 5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract for project activities appropriate contract provisions to ensure contractor ahd subcontractor compliance with all applicable state and federal laws. Along with such provisions, the Grantee shall require that contractors, and subcontractors p~f'orming work: covered by this grant comply with all applicable state and fM~l Occupational Safety and Health Act regulations. 5.07 Attachments. The following are attached to this agreement and are incorporated into and made a part of this agreement: (a) Attachment A - Grantee's application for Livable Communities Demonstration Account grant funds, as revised to reflect the Council's grant award Co) Attaclunent B - Grant Fund Disbursement Schedule (c) Attachment C - Written Report Submission Schedule 5.08 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants on the Grantee's behalf that the individual is duly authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to form: METROPOLITAN COUNCIL Assistant General Counsel By Craig R. Rapp Director, Community Development Date CITY OF C~~'~HA~~ By ~/~~ k ~~;~ Don A~w'orth, Cf~"Manager ATI~ACHMENT A APPLICATION FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT FUNDS This attachment cq. mp.ri, ses pages A-1 through A-10 ' ' · · .and incorporates the Grantee s application for Livable Communities D6inonstration Account grant funds which was submitted in response to the Council's request for Livable Communities Demonstration Account applications, subject to the following revisions and clarifications which reflect the Council's grant award: In conjunction with and as part of the pwject activities identified in the Grantee's project application, the Grantee agrees to actively investigate including in its pwject housing units made available under the April 1995 consent decree entered in the matter entitled Hollman v. Cisneros, Civil No. 4-92-712. · The Grantee's proposed use of $22,523 of Livable Communities Demonstration Account funds for project inspection, identified in the f'mancial summary at page A-9, is not funded and is not an authorized use of grant funds under this agreement. As indicated in the development contract for the project, the project will contain 168 owner-occupied units, fifty percent of which will be affordable according to the regional definition. The development contract further specifies that the pwject will contain 154 rental units, thirty-five percent of which will be affordable acco~ to the 'regional definition. For the purposes of this grant agreement, "affordable" levels as defined by the Council for 1997 are $120,000 for ownership and $716 per month for two-bedroom rental units. The definition of "affordable" levels may be modified for 1998 and following years.' METROPOLITAN LIVABLE COMMUNITIES ACT' LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT APPLICATION City of Chanhas' n, Minnesota 1. - GENERAL INFORMATION Project Contact Person: Robert Generous, AICP, Senior Planner Address: 690 Coulter Drive Chanhassen, MN 55317 · ?hone:(612)937-1900x141 Fax: (612)93%5739 2 LOCATION South of Hwy. 5 between Great Plains Blvd. and Market Boulevard. 'The 66 acre parcel provides a transitional hub between different land uses within the community. Directly to the north of the site is TH 5 and downtown Chanhassen. Most of this area is develbped with commercial uses. West of the site is developed with light industrial/office use. Lake Susan, Riley-Creek, and Rice Marsh Lake are located south of the site along with single family residential lots. East of the site consists of single family residential and commercial developments. 3. HISTORY The proposed development is scheduled for final approvals on September 9, 1996 before the Chanhassen City Council. Thereafter, individual lots will proceed through the city's site plan review process for review and approval. On August 12, 1996, the Chanhassen City Council granted preliminary approval of PUD #92-1 including a Comprehensive Land Use Plan amendment from Office/industrial, lnstitutional, Residential Medium Density, Residential Low Density to Mixed Use-Commercial, High Density Residential, Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units; Re. zoning from lOP and RSF to PUD, Planned Unit Development (first reading);' Prelimina~ plat for 13 lots and 3 outlots and public right-of-wa~ Wetland Alteration Permit to fill and excavate wetlands on site; Vacation of right-of-way and easements; Environmental Assessment Worksheet (EAVO findings of Negative Declaration of the need for additional environmental investigation. On December I 1, 1995, the City Council granted conceptual approval of PUD///)2-1 Villages on the Ponds sketch plan. In August, 199:5, the prop .erty was reguided from Commercial, Office, Medium Density Residential, Low Density Residential, and Open Space to Office~mdustrial, Institutional, Residential Medium Density, Resi~ Low Density as pan of thc Highway :5 Study. Thc Highway 5 study was a. two year project investigating land uses within the Highway 5 corridor as well as design criteria'for the development of this vital corridor in the commuhity. As pan of the 1991 City of Chanhassm Comprehensive Plan up~te, the property was guided Commercial, Office, Medium Density Residential, Low Density Residential, and Open Space. 4. PRO,IE~ DESCRIPTION · The City of Chanhassen is a rapidly growing community located in the southwestern metropolitan area. While Chanhassen is somewhat tmique for a suburb with a well defmect downtown, the Villages on the Ponds project is a transit oriented development incorporating a transit facility at the heart of a mix~ use development c0. n/aining commercial, institutional, office and residential components in a .compact, safe and pedestrian friendly environment. This development incorporates many of the ideas and techniques espoused in the "Transit Redesign 1995" and the Livable Communities Act and it is worthy of Metropolitan Council support and financial assistance. .. Southwest Metro Transit fully supports the inclusion of a transit facility on Lake Drive East within the Villages on the Ponds project in the City of' .Chanhassen, Minnesota. Southwest Metro Transit, the City of Chanhassen and'the pwject developer are working extensively to improve- lransit opportunities for residents and businesses. We encourage the Metropolitan Council to assist in this endeavor through the pwvision of Livable Communities Demonstration Account Funds for the project. This project, if successful, will show fringe communities that a mixed use development can work in a suburban setting and that a transit element is an integral component of these developments. ! The site is generally open space with the exception oFTH 101/Market Boulevard and Crreat Plains Boulevard and one existing residence. The site consists of a mixture of wetlands, brushland, woodland, and some open grassland. The site has been previously disturbed by human activity such as culu.'vation, grazing, logging, and road construction. Areas of significant slopes, in excess of 12 percent, are scattered throughout th~ property with two areas adjacent to Lake Susan ihat meet the city's bluff ordinance definition. The overall intent of the development is to provide an expansion of downtown Chanhassen anci to create a commercial-office-residential (mixed uso activity center which compliments the existing downtown and provides additional comparison retailing opportunities and residential support to .both the existing and expanded down~wn. The overall theme of the center is pextestrian friex~lly in village scale and traditional character, using both on and off-street and underground parking and lraditional architecture ofmidwestem vernacular character. In addition, a transit facility is located 2 at the village core, encoura~ng residents and workers to leave their ears and utilize public transit opportunities. Site Master Plan Traditional early 20th century American Towns as well as numerous examples of European cities have served as an '.mspir~fion for creation of the Village's neighborhood concept. Even though .this development is compa/a'tively smaller in size and incorporates a number of qtiite modern features, it attempts to assimilate all major positive characteristics of traditional towns, such as the following: Mix of Uses. Both horizontal and verfi~ mix ofmultiple uses within short, comfortable walking distance, allows people to live, work, shop, eat, and accomplish many daily activities at the same place, thus reducing the dependency on the ear. l~ublic Realm. The buildings are used to form the streets, plazas and other defined public spaces for circulation and social activities. The quality of these public realms create the sense of community and neighborhood identity. Parking areas are provided on street, with off-street parking located to the rear of the structures and underground. Circulation. Pedestrians, bicyc!es and cars share the streets on an equal basis. Pedestrian connections are also made through building corridors from the street to the parking lots and internally between sites through parking lot areas and to public spaces. "Street-calming' techniques are used to slow down-and reduce car tm.~c speeds through the village.core area which, along with street parking, makes it pedestrian friendly. Also, as in traditional towns, there is public transit, a bus .stop station at the village square. This allows redue .ed use of ears, benefiting all people, especially children, the elderly, and the physic, ally impaired. The village core (Sector I) will be characterized by small one and two story retail/office structures with architectural detailing reminiscent of traditional, vernacular architecture. With the addition of upper level apartments, structures may be increased to three stories and a loft with street level . office/retail. Buildings will have a mixture of pitched and fiat roofs with a variety of gables, gabled windows, and chimneys. Structures will be placed dose to the public way similar to a small downtown area. Structures will often be linked by roofs, canopies and low walls. The Highway 5 (Sector E) component of the development proposes the use of smaller one story building pads of 5, 000 - 15,000 square feet with the exception of the motel/hotel building that will be up to three stories' with a larger building footprint. The institutional (Sector HI) component is located in the eastern part of the site portion of the site. The area is the relocation site for St. Hubert's Church and school. The building will consist of two stories and a total building area of 100,000 square feet at build out. The residential/office (Sector IV) component of the development consists of condominium type high density on the western portion of the site and open space on the southern portion of the site. The high density development would be limited to two building pads built in multiple stories, four plus a loft, with unde~'ound parking. A po~al offic~ site is locat~l in the northern part of the site. The office buildin~ would be limited to two storie~. As an alternative, the office building could be replac~ with a third condominium. Building pads will be located in open or plateau area~ of the par~ls, maintainins existins vegetation and sloped areas. Undersround parking shall also be incorpomt~ into the site design to lessen disruption of the site,. An open space compg..n..~t ~dsts in the southern portion of the Sit~ b~low the ~istins city trail ~ The applicant is proposing that these areas be utilized for active ~onal uses, tennis courts and a socc~ field. The applicant is proposin~ an mvironm~udly sensitive developm~ of the si~ tha will r~gn 'major hardwoods, preserve steep slopes, and pmt~ct and ~nce ~tland areas. This will be accomplished d~rough limitations on bulldi~ pads, previdi~ trade,round p~ veaical development of the structures, and the preservation of'open spaces. The proposed development attempts to incorporate many elements of what is tcrrn~ nee- ' traditional planning, new urbanism, livable communities, or sustainable development. These Providing a mix of lifecycle and affo~'dable housing, shops, work opportunMes, civic facilities within walking distance of each Other and accessible by transit. _ . · Developing'sufficient common, community spaces. Using to the project's advantage, the character, culture, history and amenities of the Linking the development to other parts of the community, not only for car, but also for pedestrians and bicycles through the inclusion of trails and sidewalks. Integrating nau~al, topographical, and environmental features into the design of project. Creating an infill development in area th_.t is fully develop~ on three sides and is bounded on the south by a sensitive environmental area. The proposed development c~ be used as an cxample of livable communities both from' the standpoint of the design of the project and also from the process that was undertaken to bring the development forward. 5. PLAHNING PROCESS In'the spring of 1995, the developer, Lotus Realty Services, began informal meetings with the City of Chanhassen staff to review potential development options for the Ward.p..~rgpexty, a 66 acre parcel located south of Highway 5 between Highway 101 snd Great Plains Boulevard.' Due to the high profile location of the site and the unique environmental feaau'es located on the property, staff suggested that a mixed use development be proposed for the properiy. In August, 1995, the developer submitted a conceptual plan that incorporated a mixed use development consisting of retail, office and residential components. However, this initial proposal was very euclidian in nature, segregating the various land uses in discrete areas. Throughout staff's review of the conceptual plan, the city recommended that mixed uses be. integrated throughout' ~he development, incorporating residential units abov~ commercial spaces ~ well as in separate structures. In addition, the city requested that the developer increase the quantity of residential units that would be incorporated in the development. The City also directed that both ownership and rental housing be components of the development. Staff was able, through the public hearing process to have the developer reduce the specificity of the uses within individual areas, and instead designate the area bubbles as mixed uses with preliminary overall parameters for the development. The City of Chanhassen Planning Commission held public hear/ngs regarding the conceptual proposal on October 18th and November 15th, 1995. The City Council held hearings on .November 27th and December 1 lth, 19!)5. Conceptual approvai by the city provides developers direction on how they should proceed with a development, it does not grant them vested fights nor assure the final approval of the project. At the same time as the review of the project, the city was also responding to the requireme.nts of the Livable Communities Aet,'reviewing the comprehensive plan for compliance with the . Livable Communities Act, analyzing development patterns and vacant land capacities, and developing strategies for the implementation of the Act. Between the city's approval of the conceptual plan ~d the preliminary plan submittal, staff worked with the Plann/ng Commission and City Council to educate them regarding neo- traditionaI planning, new urbanism, livable communities, or sustainable development through city workshops, use of videos, sending Commissioners to conferences, and providing planning literature on the topic. In addition, city staff worked with the developer to provide workshops ~o explain their proposal to the Planning Commission and City Council in small increments: first, reiterating the ne, o-traditional planning principles, then showing.how the project could meet some of' the goals of the city; second, explaining the technical details surrounding the subdivision of' the land, the potential impacts to the site's natural features (without showing the conceptual master plan for building and parking placement); and third, discussing the master site plan are architectural standards that would be incorporated in the development. Once the Planning Commission had a grasp of all the details, the applicant submitted their plan for preliminary approval. Concurrently, with the developer's education of the project for the city, the developer was .holding separate meetings with the adjacent property owners to hear their concerns and incorporate their comments and ideas in the development. 1. The Planning Cxmunission held public hearings on July 17th and July 24th, 1996, to review the proposed development. The City Council held a hearing on August 12, 1996. · The project is tentatively scheduled for f'mal approval before the Chanhassen City Council on September 12, 1996. PROJECT-TEAM Fr. Austin T. Ward Fr. William J. Ward John H. Ward. Sister Mary Ellen Ward Development Team Developer: Lotus Realty Services, Inc. Bradley Johnson Vemelle Clayton- BRW, Inc. Dean Olson, ASLA, Senior COnsultant Elizabeth A. Kunkel, Wildlife Biologist/Wetlands Specialist Milo Architecture Cn'oup - Mika Milo, AIA, Principal General Contractor: AMCON 7. PARTNERSHIPS There are currently no formal partnerships involved with the initial development of the site. The developer has been working with the city and Southwest Metro Transit for the inclusion of a transit facility within the development. However, the city envisions that longer term, there will be partnerships between the city, non-profi.t organimtions, and private developers for the provision of affordable housing. · 8. USES OF DEMONSTRATION ACCOUNT FUNDS The city proposes the use of demonstration account funds to enhance the public realn/including providing the pedestrian connections that will bind this project together, in~y, as well as connect the development to the rest of the community. These tim& will be used to assist the developer to create the public improvements necessary to build the infrastructure necessary to permit the development of the Villages on the Ponds. ' ...... t proposes to provide a 14 to 18 foot pedestrian corridor between the edge of cm-b and the individual sites build-to linc. Within this area, pedestrian enhancements including benches, tables, flower pots, decorative paving, raised planter boxes and other amenities are proposed to create a pleasant and visually pleasing environment. The demonstration account founds would be used to develop the first six to eight feet of this area. These improvements would then be leveraged by the individual site developers to create an additional six to 12 foot pedestrian area forpeoplc to play, cat, .entertain, meet, relax and interact. The funds are proposed to be used to provide a concrct¢'sidewalk area around the village pond and along Lake Drive and Main Street, small pedestrian plaza areas and connections, street furniture and decorative lighting, boulevard plantings, a boardwalk across thc village pond, and wetland enhancement plantings around the village pond. Through the use of LCDA funds, the potential for creating a truly attractive and functional environment for the people who come to the Villages on the Ponds is enhanced. While the city will require that pedestrian access be provided to each site, .the ability of individual users to create the pedestrian plazas and street amenities that are being proposed are financially unfeasible and uneconomical for each site. The investment of thc Livable Communities Demonstration Account will bc used to leverage the site improvements and pedestrian amenities developed on o individual sites. In addition, these funds will permit the d¢~;clopment of a continuous pedestrian - system throughout the project that would otherwise be phased as development came in to the project. 9. FINANCIAL SUMMARIES See Attachments A and B. 10. PROJECT SCHEDULE See Attachment C. 11. LOCAL GOVERNMENT SUPPORT See attached letter from Don Ashworth, City Manager of the City of Chanhassen, Resolution Electing to Participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act, and Housing Goals Agreement - Met?opolitan Livable Communities Act. ('If necessary, a formal resolution of support will be provided.) Livable Communities Demonstration Account (LCDA) ' Application ATTACH3 NT A SUMMARY FINANCIAL INFORMATION Public Private · LCDA Amount Requested 1. Total Project Costs $713,023 $3,469,477 S523,023 Total Soft Cost $ 30,723 $651,777 Total Hard Cost $682,300 $2,817,700 $500,500 2. Are you requesting a loan or a grant? This request is for a grant. 3. What is the status of finandal commitments for this project? The city has been awarded a Regional Transit Capital grant for the provision of a transit facility within the project. The applicant has applied for private financing for site grading and utility installation costs. Appraisals and other documents are under preparation. 4. ~,Vhen ~ill you need Demonstration Account funds? The proposed site grading and utility installation is scheduled for the fall and winter of 1996. Su~eet and physical site improvements will begin in the spring of 1997. Demonstration account funds will be needed begi~n;ng ia the spring of 1997 continuing through the fall of 1997. · · · __ CITY APPROVALS F~NANCING SITE BEADING UTILITIES STREETS . SITE IMPROVEMENTS LANDSCAPING - ., · · · · ATTACHMENT B GRANT FUND DISBURSEMENT SCHEDULE The total grant amount specified in paragraph 2.01 of this agreement shall be disbursed to the Grantee for uses consis, t.c.nt with this agreement according to the following schedule: The Council will disburse grant funds in response to Written disbursement requests submitted by the Grantee and reviewed and appwved by the Council. Written disbursement requests shall indicate the project activity funded by this agreement, the contractor(s)/vendor(s) to be paid, and the time period within which the project activity was or will be performed. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee. Individual disbursement requests should specify the project.or activity to be funded and identify dollar amounts by project or activity. Subject to verification of a written disbursement request and approval, for consistency with this agreement, the Council will disburse a requested amount to the Grantee within fifteen (15) business days after receipt of a written disbursement request. ATTAINT C WRITTEN REPORTS AND SUBMISSION SCHEDULE Be~nnlng three O) months alter the Grantee initially receives grant fimds, [he Grantee shall submit to the Council wri~en q...u?erly repom which shall contain at least the followi~, elements: · A summary of grant tids received and expended to date, including a description of the purposes or uses for which the grant fimds were expended; and · A statement of expected grant fund expenditures within the next quarter. The Grantee's final written quarterly report shall be submitted within two (2) months following the expenditure of all grant funds by the Grantee and shall contain a certification by the Grantee's-chief financial officer that all grant funds have been expended in accordance with this agreement and the provisions of the Metropolitan Livable Communities Act. T~e Grantee also shall complete and submit to the Council a Monitoring and Evaluation Report. which will assist the Council in monitoring and evaluating the implementation of the Livable Communities Demonstration Account program.. Thc contents, format and completion date of the Monitoring and Evaluation Report will be determined by the Council. This reporting requirement. may survive the termination or expiration of this agreement. AUTHORIZED AGENT The Council's authorized agent for the purposes of administering this agreement is Joanne Ban'on or another designated Council employee. The written report(s) submitted to the Council shall be directed to the attention of the Council's authorized agent at the following address: Metropolitan Council Meat's Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 ATTACHMENT B Contract No. SG-97-PF-43 ( 1996 Award) AGREEMEh"r BETWEEN THE ME~OPOLIT~ COUNCIL AND C1TY OF CHANHASSEN FOR TRANSIT CAPITAL FIN~CIAL ASSISTANCE TI:IlS AGP, EElVI~ENT is entered into this Zl'~1'~'- ! day of ~ ~1'p~.~ · , 19q~, by THE METROPOLITAN COUNCIL, ('khe Council"), and CITY OF CHANt~SSEN ("the Grantee"). WI-IER~AS, the Council is authorized by Minnesota Statutes § 473.39 to issue bonds to provide funds to implement the Council's transit capital improvement program ("the Transit CIP"); and WHEREAS, the Transit CIP provides for funding of capital projects such as vehicle acquisition or refurbishment, public transit and support facilities, computer/communication equipment acquisition, transit equipment acquisition, and demonstration projects to assist in providing safe and convenien! access to transit services; .and · WHEREAS, the Council is authorized b)' Minnesota Statutes § 473.375 to provide financial assistance "to operators of public transit in the metropolitan area; and ; WHEREAS, the Grantee is an eligible recipient for transit capital financial assistance and has applied to the Council for a transit capital grant; and V,~IEREA$, 'the proposed project is consistent with the Council's 'i'ransit CIP, and the Coun¢!l desires to assist the Grantee by the award ora transit capital grant. NOW, TFFF.~FO~, the Council and the Grantee agree as follows: L DEFINITIONS 1.01 "Project" means the entire work effort funded in whole or in part by Council grant funds, described in Exhibit A. 1.02 "Council bond proceeds" means funds received by the Council from the intended ' issuance of Metropolitan Council general obligation bonds to accomplish the Council's Transit CIP. GRANT AMOUNT, GRANT PERIOD, AND PAYMEN'r OF PROCEEDS 2.01 Grant Amount. The Council agrees to make available to the Grantee during the grant period a total grant amount of $190,000 for the purpose of performing the Project set forth in Exhibit A, which is attached to and incorporated in this agreement. In no event will the Council's obligation under this agreement exceed the total grant amount. The Council shall bear no responsibility for any cost overruns which may be incurred by the Grantee in the performance of the Project. -1- 2.02 Grant Period. The grant period shall commence upon the execution'of this agreement and remain in force and effect until December 31, 1998. After that date, all grant funds which have not been expended shall revert to and become part of the Council's Transit Capital Fund and may be reallocated or expended by the Council for other transit capital projects. ' 2.03 Reimbursement Payments of Grant Proceeds. Except as provided in paragraph 2.04, all payments to the Grantee shall be made on a Reimbursement basis following submission by the Grantee to the Council of satisfactory documentation of grant-eligible expenditures. All documentation of expenditures shall be submitted in a form acceptable to the Counoil. The Counoil shall reimburse all grant eligible expenditures not in excess of the total grant amount within thirty (30) days of the receipt of satisfactory documentation from the Grantee. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. 2.04 Joint Payment of Large Expenditures. In the event of an anticipated grant-eligible expenditure in a liquidated amount in excess of $50,000, the Grantee may request a check from the Council for payment of grant proceeds made out jointly to the Grantee and to the contractor or vendbr to whom the grant eligible payment is owed. The Council shall issue such a check within thirty (30) days of receipt of satisfactory documentation from the Grantee of a grant-eligible expenditure in excess of -$50,000. All documentation shall be submitted in a form acceptable to the Council. The documentation shall.be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. The Grantee's endorsement on the check will be deemed to be a certification by the Grantee that the full amount of the check is ~'or payment to the joint payee on the check and that no portion of the proceeds of the check will be paid to or retained by the Grantee. 2.05 Reimbursement Request/Progress Reports. To obtain reimbursement under this agreement, the Grantee shall submit a Reimbursement Request/Progress Report on forms provided by the Council. Reimbursement Request/Progress Reports may be submitted once per month, but must be submitted at least semi-annually by December 1 and June 1 of each calendar year of the grant period. The Grantee shall describe the activities undertaken in connection with the grant and shall provide sufficient documentation of grant-eligible expenditures and such other information as the Council's staff reasonably requests. 2.06 Council Fund Requirement. Notwithstanding anything to the contrary in this agreement, the payment of grant proceeds shall be made by the Council within the time frames specified in this article only if the Council has adequate transit bond funds on hand at the time that payment is due. The Grantee acknowledges that, at the time of execution of this grant agreement, the Council may not have issued the Council bonds, the pwceecls of which will be used to fund the Council portion of this agreement. · IlL AUTI-I'ORIZED USE OF GRANT PROCEEDS 3.01 Project Costs. The costs of performing the Project as detailed in Exhibit A after July 15, 1996, and before expiration of the grant period are eligible for payment or reimbursement out of grant proceeds. · 3.02 Professional Sen'ices Costs. The costs of legal, engineering, architec..m..ral, construction site management, design services, soils testing, preparing bidding or proposal specifications, or project management sen, ices directly necessary to perform the Project are eligible for payment or reimbursement out of grant proceeds. Such services must be performed by outside firms or individuals. Direct staff costs incurred by the Grantee for these types of services a/-e not grant-eligible costs. The amount of grant proceeds which ma), be used for these professional serv|ces costs must not exceed seven percent (?%) of the total grant amount. 3.03 Administration Costs of Grant. The Grant'ee agrees to maximize the usc of its own personnel and internal services in taking the steps necessary to perform the Project and minimize the administrative costs associated with the performance of file Project. Grant proceeds may not be used to fund any grant administrative costs. 3.04 Regional Use. The Grantee agrees to perform, operate, and maintain the Project capital assets in a manner consistent with the Council's Transit CIP, and further agrees that it will not adopt any rules or restrictions hindering regional use of the Project capital assets or sell or remove the Proj~t capita! assets from regional use without the express written consent of the Council, either during the grant period or for a period of twenty (20) years following. ~. ACCOUNTS, RECORDS, AND AUDIT REQUIREMENTS . .. 4.01 Separate Account; Records. The Grantee agrees to establish and maintain a separate account for the Project and to maintain accurate and complete records and accounti relating to the receipt and expenditure of an)' and all grant funds. Such accounts and records shall be kept and maintained for a period of at least three (3) years following the expiration of the grant period. Ail'costs charged to the Project must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature ~nd propriety of the charges. 4.02 Audit. The above accounts and records of the Grantee are subject to audit by the Council and may be inspected on the Grantee's premises or otherwise by individuals designated or authorized by the Council at any time following reasonable notification during the grant period and for a period of three (3) years thereafter. V. GENERAL CONDITIONS 5.01 Consultation. The Grantee agrees specifically to review and solicit recommendations and advice from the Council's staff at the earliest possible time if and when the Grantee expects that the following will or may occur: The costs for any portion of the Project will be higher, than the Grantee's projected costs for that portion of the Project; or b. The total cost of the Project will exceed the total grant amount. · lfthe Grantee, for any reason, determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs of the Project or any portion of it, the Grantee sl~all submit to the Council's Regional Administrator a statement describing the situation and giving the reasons for the Grantee's determination. The Grantee may, simultaneously with the submission of the statement or within a reasonable time thereafter, recommend for Council approval alternative projects, activities, uses, expenditures, or allocations of grant funds. -3- 5.02 Compliance With I. aw. The Grantee agrees to comply with the provisions of all applicable state and federal laws, including those laws pertaining to the use of'bond proceeds. This grant is financed with bonds issued in accordance with Federal arbitrage restrictions. The Grantee will not use the grant funds in any x~y which would cause the bonds to be classified as "Arbitrage Bonds" under the Internal Revenue Code. The Grantee will not take any action that would adversely affect thc exemption from federal income taxation of the bonds or omit to take any action necessary ix) malntaln such tax exempt status. Further, the Grantee agrees that it {s the Grantee's obligation.and responsibility, and not the Council's, to comply with all other laws, reguJatlons, and rules relating to activities undertaken in performing the Project. 5.03 Liability. Each pn~y agrees that it will be responsible for its owrt acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 5.04 Amendments. The terms of this agreement may be changed by mutual agreement oft.he parties. Changes shall be effective only upon execution of written amendment(s) signed, by. authorized representatives of the Council and the Grantee. 5.05 Title to Equipment and Vehicles. Title to any equipment or vehicles purchased with grant funds must remain in the Grantee's name for the time period indicated in paragraph 3.04. . Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the equipment and vehicles free and clear of any lie. ns., encumbrances, or other claims. 5.0(; Operations and Maintenance. The Grantee agrees to'be responsible to operate, and maintain the Project in good working order for the time period indicated in paragraph 3.04 and to be responkible for any costs of operation and maintenance of the Project. 5.07 Risk of Loss. The Grantee bears the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land accomplished in whole or in part with grant funds. At a minimum, the Grantee shall secure appropriate insurance or establish a fund for appropriate self-insurance to cover full replacement value and to protect the Council's investment of regional funds for the time period indicated in paragraph 3.04. 5.08 Equal Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laxly, rules, and regulations relating to nondiscrimination and affwraative action in public purchase, involvement, and use. In particular, the Grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition, the Grantee agrees to include aiTaraative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the grant proceeds. · 5.09 Permits, Bonds, and Approvals. The Grantee is responsible for obtaining ali applicable local and state licenses, permits, bonds, and authorizations necessary for p.e .rforming the Project. 5.10 Acknowledgments. The Grantee shall appropriately acknowledge the financial assistan~ provided by the Council in any promotional materials, press releases, reports, and publications relating to the Project. 5.11 Construction. Tills agreement is intended'to' assist in implementing the Council's Transit ClP and Transportation .Policy Plan~Development Guide Chapter and shall be interpreted consistently with them. 5.12 Effect of Project Close-out. The Grantee agrees that Project close-out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. I~' WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly . authorized representatives on the day first written above. Approved_as to form: ~{ETROPOLITANf~/O~CIL ' ja~~Administr~qr oaps~196.do¢ CITY OF CHANHASSEN Its: -5- · EXHIBIT A DESCRIPTION OF PRO~ECT The funds granted under this agreement shall be used to accomplish the project described in the Grantee's original Regional Transit Cnpital Funds (1996)application excerpt in this exhibit. i..IVlIS=LI U[JUIIL~! ! I~,UU[ IL;Il · Wo/king for the Region Planning for th~ Future REGIONAL TRANSIT CAPiTALi RTC' FUNDING APPLICATION ' RECEIVED """,~.TRUCTJ DN$: Complete anti return to Mark Fuhmnann, Office of Transportation and Transit Development, Metropolitan Council, Mears Park Centre, 230 E St. Paul, Minnesota- 55101, so as to be received no later then ;. P~: ¢$12) 229-2722 I. GENERAL INFORMATION 1. A~I.I Ct.,NT 2. JURISDICTIONAL AGENCY (IF DIFFERENTI 3. MA1LINGADDRESS P. 0. Box 347 CITY Chanhassen 5. CONTACT PERSON - Rober= Generous STATE MN ZIP CODE55: TITLE Senior Planner 4. COUNTY Carver PHONF.-' ~612 )937-1900- FAY.: il. PROJECT INFORMATION g. PROJECT NAME Lake Drive East Transit Facility (Villaoes on the Ponds) PROJECT DZSCRIP~ON ~ ~ " !1 Transit facility located with a mixed use development. The ~ac~lm~y sha include bus cut-ou=s0 heated bus shelter, pedestrian plaza, and street £urniture, signage and lighting. PROJECT AR-EA- {Area to be ser/..e.d by the project, example, County, CitT, etc) PROJECT CATEGORY - C"n~ the re~evant ~ lo.' Ina ty'~ o~ IX~.'e~. un::le, eitne: MaJo~ ~' M,not Pro{ecl cate'r,o~ below {'~ ¢x'~y ONE C~ ~?,a]or Projects: (Total Cost over $2S,000) ~ Replace Rehabilitate ,New. · ]~'Public and Support, Facilities D D ~ ~ Computer/Oommunciation r-~ ~ 1-] Demons~m~on Projects [-] D D Minor Projects: ('rot. al Cost: $1o,ooo to S2s,ooo) Purpose Replace Rehabilitate ~ Vehicle Acquisition [~] r"'] Public and Support Facilities r'~ Computer/Communciation r-] Other Equipments [-'] Demonstration ProJect~ [-'] E] Construction !--1 [3 .New 10. Complete the CheciGlist on the reverse side of this form I!1. PROJECT FUNDING -~. ,o~zo,o~t. s273,000.00 ~-.-.VOT~ ~OJ£Cr :OSV · 463 000.00 TFFLE ~2. ~ee,o+u.c s (m'c FU~S): ~_90,000. O0 14. PROJECT Y"r..AR~$1 (CIRCLE) '.DTE.- Proposals must _sf~ecificallF end directly address each criterion to qua//fy and receive points..Pages in each proposal should be numbered with this page as number 1. . - - -~ ' -'" Aq'TAC/tMENT C (Project Plans and Specs, Bid Documents, etc.) 5zt.57 -5- VILLAGES ON THE PONDS CHANI-IASSEN, MINNESOTA a. Intent The purpose of this zone is to create a mixed use PUD consisting of commercial, institutional, office, and residential uses. The use of the PUD zone is to allow for more flexible design standards while cr ati a quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to uses as defined below or similar uses to those as listed in the Standard Industrial Classification. If there is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. No single retail user shall exceed 20,000 square feet on a single level of a building. A hmximum of thirty- three (33) percent of the square footage of the retail users within the development may be of a "big box" category. The intent of this requirement is to provide a variety of users, including small retail shops, service providers, coffee shops, cabarets, em., for residents of the Villages as well as the community as a whole, rather than.typical suburban type large, individual users dominating the development and detracting from the "village" character. Retail users should be those that support and compliment the residential development 16cared within the development, providing goods and services which enhance residents of the village and the community. Office. Professional and business office, non-retail activity except for showroom type display area for products stored or manufactured on-site provided that no more than 20 pement of the floor space is used for such display and sales. bank/credit union finance, insurance and real estate health services - except nursing homes and hospitals engineering, accounting, research management and related services legal services Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. dry cleaning beauty or barbershop shoe repair photographic studio tax return preparation health club optical goods computer services day care center copying marl stores Institutional. Establishments that are public/semi-public in nature. church library education services ay care dance studio cultural facility Comm~mi~mil. ~li.~hm~l~ ~ in ~rnm~' ope~tiom~ in~ludin~ mmil and services and hospitality industries. - Apparel and Accessory Stores shoe stores · electronic and music store and musical in.~truments restaurant - no drive through restaurant - fast food only if integrated into a building no freestanding fast food and no drive through drug storeffpharmacy book/stationary jewe y store hobby/toy game gif~ novelty and souvenir sewing, needlework and piece good florist camera and photographic supply sporting goods video rental food stores including bakery and cxm~ection~-y hardware store computer store hotel/motel liquor store pets and pet supplies home furnishings Residential. Residential units shall be provided as upper level units above the commercial/office uses within the village core and as stand alone units. A minimum of 50 percent of the residential units shall be rental units. Of the rental units, the city has adopted a goal of 35 percent of the units meeting the Metropolitan Council's affordable criteria. For the ownership housing, the city has adopted the goal of 50 percent of the units meeting the Metropolitan Council's affordable criteria. Prohibited Uses: auto related including auto sales, auto repair, gas stations c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply:- Great Plains Blvd.: Buffer yard & Setback Market Blvd.: Buffer yard & Setback Icl Buildi,n~ Parkin~ Hwy. 5: Buffer yard & Setback B, 50' Interior Side Lot Line: Buffer yard & setback NA, 0' 0' D, 50' 50' East Perimeter Side Lot Line (adjacent to residential): Buffer yard & setback C, 0' 0' C, 50' 20' 20' B, 50 West Perimeter Side Lot Line (adjacent to industrial): Buffer yard & setback 20 Buffer yards are as specified in the City of Chanhassen Landscaping and Tree Removal Ordinance, Article XXV. No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height . The PUD standard for hard stufac~ coverage is 70°4 for the overall development. Individual lots may exceed this threshold, but in no case shall the average exceed 70 5. More than one (1) principal structure may be placed on one (1) platted lot. The maximum building height shall be Sector I - three stories (with residential loft)/50 ft. (retail and office buildings without residences above shall be limited to two stori~0 feet), Sector II - three stories/40 fL, Sector Ill - three stories/40 fL, exclusive of steeples and bell towers, and Sector IV - four stories~50 feet m The maximum building footprint for any one building shall be limited to 20,000 square feet without a street level break in the continuity of the building, e.g., pedestrian passageways, except for the church and residential only buildings. 5. The following table shall govern the amount of building area for the different uses: Commercial/ OfficedSer~ce Institutional Dwelling TOTAL SCl. iL Retail (sq. ff.) (sq. f~) (sa_. R.)' Units Sector I 114,500 70,500 (~ 0 154 .185,000 Sector II 60,000 * 14,000 0 0 74,000 Sector III 0 0 100,000 0 100,000 Sector IV 0 32,000 ~ 0 112 (~ 32,000 TOTAL 174,500 116,500 100,000 266 391,000.. ~ As an alternative, the office/service could be increase by 13,000 square feet in Sector I if the 32,000 square foot office building is deleted in Sector IV and replaced with 56 additional dwelling units. * Includes 47,200 square foot, 106 unit motel. Building square footages may be reallocated between sectors subject to approval by the Planning Director. Building square footages may be reallocated between uses subject to approval of the Planning Director. However, the reallocation of building square footages between uses shall only be permitted to a less intezmive use, Le. from commercial to office or institutional, or from office to institutional In no instance shah more than 2%000 square feet of addition institutional building square footage be reallocated without an amendment to the PUD. e. Building Materla~ and Design (Staff will be working with the developer to provide pictures to further articulate the design standards and definitions.) le . . . . J 1 . , The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The intent is to create a pedestrian friendly, "traditional" village character consistent with the European heritage of the upper midwest and the atmosphere within this development, yet with the amenities and technological tools of modem times. The village elevations shown on the PUD drawings are to be used only as a general guideline and the reflection of the overall village image including the north- midwestem architectural vocabulary, village like human scale and flavor, and variety in design and facade treatment. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, s~meco, arehitecm_mlly treated concrete, cast in place panels, decorative block, cedar siding,:~-~yl siding in residential with support materials, or approved equivalent as determined by the city. Color shall be introduced throu~ colored block or panels and not painted block or brick. Bright, long, continuous bands are prohibited. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall not exeeed 10 percent of a wall area. Block shall have a weathered face or be polished, fluted, or broken face. Exposed cement ("cinder") blocks shall be prohibited. Metal siding, gray concrete, curtain walls and similar materials will not be approved except as support material to one of the above materials, or as trim or as HVAC screen, and may not exceed more than 25 percent of a wall area. All accessory structures shall be designed to be compatible with the primary structure. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. All mechanical equipment shall be screened with material compatible to the building. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. Space for recycling shall be provided in the interior of all principal or accessory structures. There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. 10. 11. 12. The materials and colors used for each buil~ shall be selected in context with thc adjacent building and provide for a harmonious integration with them. Extreme variations between buildings on the same street in terms of overall appearance, bulk and height, setbacks and colors shall be prolu~bited. Slope roof elements shall be incorporated in all gauctur~: Sector I - minimum 70 percent of roof area shall be sloped, Sector II - minimum of 70 percent of the roof area shall be sloped, Sector III - minimum of 30 percent of the roof area shall be sloped, and ' Sector IV - minir/lum of 70 percent of the roof area shall be sloped. An exception to this requirement are roof areas designed for human use such as decks, garden areas, patios, etc., which will not be counted towards flat roof area. The following design elements should be incorporated into individual smacmres: Building Accents Towers, silos, arches, Columns, bosses, tiling, cloisters, colonnades, buttresses, loggias, marquees, minarets; portals, reveals, quoins, clerestories, pilasters. Roof Types Barrow, dome, gable, hip, fiat. Roof Accents Cupolas, cornices, belfries, 'turrets, pinnacles, look-outs, gargoyles, l~arapets, lanterns. Accent elements such as towers, turrets, spires, etc., shall be excluded from thc sector building height limitation. . Window Types Bay, single paned, multi-parted, angular, square, rectangular, half-round, round, italianate. Window Accents 13. Plant boxes, shutters, balconies, decks, grates, canopies, awnings, recesses, embrasures, arches, lunettes. Street level windows shall be provided for a minimum of 50 percent of the ground level wall area. f. Site il 0 e 1 . m ge 0 Landscaping and Screening All buffer landscaping, including boulevard landscaping, included in Phase I shall be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals, but we believe the buffer yard and boulevard plantings, in particular, need to be established immediately. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. All open spaces and non-parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. Storage of material outdoors is prohibited. Undulating or angular bemas T to 5' in height, south of Highway 5 and along Market Boulevard shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. Ail required boulevard landscaping shall be sodded. Loading areas shall be screened from public fight-of-ways. Wing walls may be required where deemed appropriate. Native species shall be incorporated into site landscaping, whenever possible. .. Signage One project identification sign shall be permitted for the development at each end of Lake Drive and at the south end of Main Street. Project identification sign(s) may also be located at the entrances to the development(s) in Sector IV. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. One project identification sign, with a maximum height of 20 feet, which may be increased in height subject to city approval based on the design and scale of the sign, designed as a gateway to the project shall be located at the north end of Main Street. Individual lots are not permitted low profile ground business sign. Within Sector HI, one sign for the church and one sign for the school may be placed on streetscape walls. The top of the signs shall not extend more than eight feet above the ground and the total sign area for the signs shall not exceed 64 square feet. Pylon signs are prohibited. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. All signs require a separate sign permit. Wall business signs shall comply with the city's sign ordinance for the central business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary par~n~ lot front of each building. , Projecting signs are parmitted along Main Street and Lake Drive and along pedestrian passageways subject to the conditions below. Signage Plan and Restrictions Wall Signs Ii The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extand greater than 20 feet above the ground. In Sector H, sign height may be increase based on the criteria that the signage is compatible with and complementary to the building architecture and design. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos com~ each sign shall be constructed of wood, metal, or translucent facing. . If illuminated, individual dimensional letters and logos comprising each sign may be any of the following: a. Exposed neon/fiber optic, b. Open channel with exposed neon, c. Channel Letters with acrylic facing, d. Reverse channel letters Cna.lo lighted), or e. Externally illuminated by separate lighting source. Tenant signage shall consist of store identifi~fion only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. m Within Sector H, architecturally, building-integrated panel tenant/logo sign may be permitted based on criteria that the signage is compatible with and complementary to the building design and architecture. 5. Back lit awnings are prohibited. Projecting Si_~ns 1. The letters and logos shall be restricted to the approved building sign area. e All wooden si~.~ shall be sandblasted and letters shall be an integral part of the building's architecture. 1 . m . - Signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered and such minimal messages such as date of establishment of business. Corporate logos, emblems and similar identi~ng devices are permitted provided they are confined within the signage band or within the projecting sign and do not occupy more than fif~.~'n (15) percent of the sign display area. Projecting signs shall be stationary, may not be self-illuminated but may be lighted by surface mounted fixtures located on the sign or the adjacent facade. Projecting signs shall be limited to one per tenant on street frontage and pedestrian passageway and my not exceed six square feet. Letters shall have a maximum height of 12 inches. Projecting signs shall be a minimm of eight feet above the sidewalk and shall not project more than six feet from the building facade. Plastic, plexi-glass, clear plex, or similar material projecting signs are prohibited unless used in conjunction with other decorative materials. Projecting signs may be painted, pr,finished, or utilize exposed metal. Any exposed metal shall be anodized aluminum, stainless steel, titanium, bronze, or other similar non- corrosive or OhO-OXidizing materials. Window Sig~ le Window signs shall not cover more than 25 percent of the window area in which they are located. 2. Window signs shall not use bright, garish, or neon paint, tape, chalk, or paper. Menu Sil~. il e Shall be located at eye level adjacent to tenant entries and shall not exceed 4 feet in height. Shall be used only to convey flaily specials, menus and offerings and shall be wood framed chalkboard and/or electronic board with temporary handwritten lettering. No paper construction or messages will be permitted. 3. Menu signs shall be limited to one per tenant and may not exceed 8 square feet. Festive Flags/Banners le Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. Plastic flags and banners are prohibited. 3. Flags and bsnnel's 8ha11 be consm~ted of fabric. e Banners shall not contain advertising for individual users, businesses, services, or products. 5. Flags and banners shall project from buildings a maximum of two feet. 6. Flags and banners shall have a maximum area of 10 square feet. 1 Flags and banners which are tom or excessively worn shall be removed at the request of the city. Building Directory 1. In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. Pole Directory Sign le Pole directory signs consisting of single poles with individual nameplate type directional arrows may be located within the development. 2. Pole directory sign shall not exceed 15 feet in height. 3. Directory signs shall be a minimum of eight feet above the sidewalk. e A maximum of eight directory si~t, ns may be provided per pole. · The maximum size of an individual sign shall be 18 inches long by four inches wide. 6. Poles shall be a minimum of 10 feet behind the curb. Lighting 10 1, Lighting for the interior of the business center should be consistent throughout the development. The plans do not provide for street lighting. As with previous developments, the City has required the developer to install street lights throughout the street system. J A shoe box fixture (high pressure sodium vapor lamps) with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. . All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. This does not apply to street lighting. 5. Light poles shall be limited to a height of 20 feet. i. Parking , Parking shall be provided based on the shared use of surface parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 1 A minimum of 75 percent ora building's parking shall be located to the "rear" Of the structure and in underground garages. The development shall be treated as a integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for tlie first 49,999 square feet, four per thousand, square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereaflzr. Residential uses shall provide 1.5 spaces per unit as underground parking with visitor spaces provided as part of the commercial/office uses. Within sector IV, visitor parking shall be provided at a rate of 0.5 stalls per unit. Hotel/motels shall comply with city ordinance. Churches/schools shall comply with city ordinance, however, a minimum of 50 percent of the parking shall be shared. 11 ! ~l:l,! .~1, I!1 uI iL 'n-, I,. i. II · v u,l,u-,..,,,~,...I .il 'f; "c) ..... II VILLAGES ON THE PONDS % Amerlclnn Peddler Cyclery Lake Susan APartment Homes Ildl ~ Bldg. 4- ~ 15,000 sq.ft, retail ~ Ruby Tuesday ,..., Houllhan's I~ !j ~1111;I ~.~s~ I ..... i ' I 'i ~' Foss Swim School; · -:'> : t I ! #./' St. Huberts ~,~ ....Catholic Community · ' I i i Bldg. 17 - 2 story i }, ~0.000 ~q. ft. offl¢~ ~ I , I : · · 1 I HAilII. O,IIITIIII, & Mill. W/al : . 4Alii! i!1 Foss Swim School ~ORTH ELEVATION . 14·liN. 011 I f l· I I I1· &HIII. IA-LN ,, lll,ll il i Foss 8wJm School ~/EST ELEVATION .' I Foss Swim School I ! I'I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VILLAGES ON THE PHASE PONDS PUD/DEVELOPMENT CONTRACT (Develop'~r Installed Improvements) TABLE OF CONTENTS PAGE SPECIAL PROVISIONS le~ 2. 4. 5. 6. 7. 8. 9. 10. REQUEST FOR PLAT APPROVAL ' SP 1 CONDITIONS OF PLAT APPROVAL ............................ SP-1 ZONING ................................................. SP-1 DEVELOPMENT PLANS ...................................... SP-1 IMPROVEMENTS ........................................... SP-2 TIME OF PERFORMANCE .................................... SP-2 SECURITY ............................................... SP-2 NOTICES ................................................ SP-3 OTHER SPECIALCONDITIONS ............................... SP-3 GENERAL CONDITIONS .................................... SP-10 GENERAL CONDITIONS 2. 3. 4. 5. 6. 7. 7A. 8~ 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. RIGHT TO PROCEED ....................................... GC-1 PHASE DEVELOPMENT ...................................... GC-1 EFFECT OF SUBDIVISION APPROVAL ......................... GC-1 IMPROVEMENTS ........................................... GC-1 IRON MONUMENTS ......................................... GC- 2 LICENSE ................................................ GC-2 SITE EROSION CONTROL ................ : .................. GC-2 EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING .............................................. '. GC-'3 CLEAN UP ............................................... GC-3 · ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS ............... GC-3 CLAIMS ................................................. GC-3 PARK AND TRAIL DEDICATION .............................. GC-4 LANDSCAPING ........................................ · .... GC-4 WARRANTY ............................................... GC-4 LOT PLANS .............................................. GC-5 EXISTING ASSESSMENTS ................................... GC-5 STREET LIGHTING ........................................ GC-5 SIGNAGE ................................................ GC-5 HOUSE PADS ............................................. GC-5 RESPONSIBILITY FOR COSTS ............................... GC-5 DEVELOPER' S DEFAULT .................................... GC-7 MISCELLANEOUS A Construction Trailers ' GC-7 B Postal Service GC-7 C Third Parties · GC-? · eeleeeeeleeeee,leleeelleelleeeeelleee D. Breach o~ Contract ................................ C~-? E Severability GC-7 F. Building Permits .................................. GC-? G. Wmivers %~mendment s ................................ ~C-? H. Release ........................................... ~C-$ I. Insurance ......................................... GC-$ i J. Remedies .......................................... GC-8 K Assignability · GC 8 · Ililllillllllllllllilllllllllilllllel -- L. Construction Hours ................................ GC-8 M. Access ............................................ GC-9 N. Street Maintenance ................................ GC-9 O. Storm Sewer Maintenance ........................... GC-9 P. Soil Treatment Systems ............................ GC-9 Q. Variances ........................................ GC-10 R. Compliance with Laws, Ordinances, and Regulations C~-10 S. Proof of Title ................................... GC-10 T. Soil Conditions .................................. GC-10 U. Soil Correction .................................. GC-10 CITY OF CHANHASSEN (Developer Installed Improvements) VILLAGES ON THE PONDS - PHASE I SP~eZAL P__~gV~SZONS AGREEMENT dated September 23, 1996, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and AUSMAR DEVELOPMENT CO. LLC, a Minnesota Limited Liability Com~ [the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for VILLAGES ON THE PONDS (referred to in this Contract as the 'plat").. The land is legally described on the attached Exhibit "A". 2. Conditions of Plat AUproval. The City hereby approves the plat on condition that the Developer enter into this Contract add furnish the security required by it. 3. Zoning. The plan -is being rezoned to Planned Unit Development (PUD). Except as Specifically modified herein, the uses, requirements, and standards of the R-12 zoning district, high density residential, as may be amended,, shall apply to the .. property. 4. Development Plans. The plat' shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans xnay be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this tontract, the written terms shall control. The plans are: Plan A: Final plat prepared by BRW, Inc. and approved by the Chanhassen City Council on September 23, 1996. Plan B: Grading, Drainage and Erosion Control Plan dated September 16, 1996, prepared by BRW, Inc. Plan C: Plans and Specifications for Improvements dated September 16, 1996 prepared by BRW, Inc. Plan D: Landscape Plan dated June 19, 1996 prepared by BRW, Inc. 3/22/94 5. Improvement s. the following: The Developer shall install and pay for A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets/Trails/Sidewalks E. Concrete Curb and Gutter F. Street Signs G. Street Lights H. Site Grading I. Underground Utilities (e.g. gas, electric, J. Setting of Lot and Block Monuments K. Surveying and Staking L. Landscaping/Site Restoration M. Wetland Monumentation/Restoration telephone, CATV) 6. Time of Performance. The Developer shall install all required improvements by November 15 1998. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 7. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the'costs of all public improvements, and construction of.'all public- improvements, the Developer shall furnish the City'with a letter of credit from a bank, cash escrow, or equivalent ("security") for The amount of the security was calculated as 110% of the following: Sanitary sewer (Public Portion) .................. $ Watermain (Public Portion) ....................... $ · Storm Sewer, Drainage System, including cleaning and maintenance ......................... Street signs ..................................... Erosion control Engineering, surveying, and inspection ........... Landscaping (Phase I) ............................ Wetland Monuments ................................ 86,400 60,600 $ 6,300 $ 1,000 $ 67,000 $ 38,000 $ 14,250 500 SP-2 TOTAL COST OF PUBLIC IMPROVEHENTS ................ $ 274.050 ,. This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The security shall be for a term ending .December 31, 1998. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until all improvers are complete and accepted by the City. 8. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered tO the Develop. er, its" empl~ees or agents, or mailed to the Dev. eloper by registered mail at the following address: AUSMAR Development Co. LLc c/o Lotus Realty Services 551 'West 78=h Street P.O. Box 235 Chanhassen, -MN 55317 Notices to the City shall be in writing and shall be either b_~nd delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, ~nnesota 55317, Telephone (612) 937-1900. 9. Other Special Conditions. 1. The applicant will be required to provide 334 trees as reforestation plantings. Trees are to be from the city's ~ Approved Tree List. 2. All future site plans for the Villages on the Pond development will use the conceptual landscaping plan as a ' guide for numbers of placement of landscape plants including trees and shrubs. No individual uses will be allowed to provide less landscaping for the site than what has been included on the master landscaping plan. ~-3. Landscaped walkway~shall be provided between individual sites to allow for greater pedestrian accessibility and continuity of landscaping. The development shall comply with the development design standards included in the staff report and incorporated herein by reference (Exhibit C of the Development Contract). 5. Grading shall be prohibited in the area between the bluff areas adjacent to Lake Susan. Turning radiuses of fire apparatus access roads shall be submitted to City Engineer and Fire Marshal for review and approval. ~ ~ 7. Fire lanes will be marked with the appropriate street signage and yellow curbing. Fire Marshal will determine fire lanes upon review of plans and final access routes and at that point determine exact placement of signs and yellow curbing. 8. The road or driveway access directly east of the existing Lake Drive must have a street name. The street name must be submitted to the Fire Marshal for review and approval. ~ 9. Premises identification will be reviewed as specific buildings are being proposed. Chanhassen Fire Department/Fire Prevention Policy # 29-1992 will be used as basic criteria for numbering the buildings. Due to the complexity of this project, numbering on more than one side will be necessary as well as additional monument or directional signage. 10. Final grading plan shall incorporate the following changes: Relocate NURP Basin No. 3 easterly outside of future Trunk Highway 101 right-of-way. Consider consolidation of NURP Basin No. 3 with NURP Basin No. 4 and oversize NURP Basin No. 4 to accommodate future stormwater runoff south of the development. Incorporate fencing with the construction of the 12-foot high retaining wall on Lot 10, Block 1. Rerouting of Riley Creek shall be developed and approved by the DNR. Ail NURP basins shall be constructed with either 3:1 side slopes with a 10:1 bench at the normal water level for the first 1-foot of depth or 4:1 side slopes overall. /~o berming allowed in any public right-of-way. SP-4 11. The lowest floor elevation of buildings adjacent to ponds and wetland shall be a minimum of 2 feet above the 100-year high water level. 12. The applicant shall assume maintenance and ownership of the stormwater ponding facilities and wetlands except for NURP ponds number 4 and 7. The appropriate drainage and utility easements shall be dedicated on the final plat over ponding areas and wetlands. The easements shall encompass the storm ponds and wetlands uD to the 100-year flood level. Storm sewer facilities which lie outside of public right,of-way shall be privately owned and maintained by the applicant or its successors. If the applicant fails to adequately maintain the storm drainage system, i.e., pipes and ponds, the City may contract the work to be done and assess the development accordingly. 13. Ail sanitary sewer and water lines with the exception of the individual building services shall be owned and maintained by. the City upon completion. As-built construction plans will be required before the City accepts the utilities. 14. The existing house on Lot 1, Block 2, preliminary plat, shall be razed within 30 days after the lot is final platted. The appropriate demolition permits will be required through the'City's Building Department. Existing wells and/septic systems on the site shall be abandoned per state health codes and City ordinance. 15. Ail access points on to Trunk Highway 101 are subject to MnDOT, Carver County Public Works, and city approval. 16. The applicant will be responsible for the appropriate water quantity connection fees based on the City's Surface Water Management Plan. Staff has estimated that this site will be responsible for 48.5 acres of high density development once the entire site is platted. The proposed phase one of this project will be responsible for 14.2 acres of water quantity fees or $61,912.00. The applicant has provided plans that show water treatment for this site meeting SWMP standards, therefore at this point, all water quality fees shall be waived. The SWMP fees are payable at time of final plat. 17. The applicant shall be responsible for the installation of street lights along the private and public streets. The applicant and city staff shall work together to prepare a street lighting plan to be incorporated into the street construction plans. contract with the City and provide the necessary financial security and administration fees to guarantee compliance with the conditions of approval. 19. The applicant shall design and construct the street and utility improvements in accordance to the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications for the public improvements shall be submitted to city staff for review and formal approval by City Council in conjunction with final plat approval. The applicant shall provide a cody of the covenants for review and approval by the City and shall be filed at the County with the final plat documents. 21. The applicant Shall apply for and obtain all necessary permits from the regulatory agencies such as the MPCA, Health Department, Watershed District, DNR, Army CorDs of Engineers, MnDOT, Metropolitan Council Wastewater Services, and Carver County Highway Department. 9.2. The applicant shall report, to the City Engineer the location of any drain tiles found during construction. The applicant will comply with the City Engineer's direction as far as abandonment or relocation of the drain tile. 23. Drainage and conservation easements shall be dedicated over all wetland areas within the subdivision including outlets. Wetland mitigation measures shall be developed and subject to approval by the City. The mitigation measures shall be completed in conjunction with the site grading and restoration. Buffer strips shall be provided around Wetland 5000. The buffer strips shall be 10 to 30 feet in width with an average width of 20 feet. The street section for the public portion of Lake Drive shall be constructed to 36-feet wide face-to-face with concrete curb and gutter. The street section which accesses Grandview Road within the plat shall be constructed to 31-feet wide back-to- back with concrete curb and gutter. A temporary cul-de-sac with a 25-foot radius shall be constructed at the end of the public street for Grandview Road. All private streets shall be constructed in accordance with the City's private street ordinance which requires a minimum 26-foot wide drive aisles and built to 7-ton design. ~: 9,'/~w~ ~ SP-6 26. Depending on the phasing of the project, Trunk Highway 101 may need to be upgraded to four lanes,-as well as, turn lanes and traffic signals. The applicant shall incorporate the necessary traffic improvements as recommended by SRF, accordingly. Should the traffic signals not be required with the initial phase of develo~nent, the applicant will be required to escrow with the City their fair share of the cost for future installation. Security shall be a means of a letter of credit or a certificate of deposit. Ail Trunk Highway 101 improvements shall meet State Aid standards. The applicant's responsibility for the traffic signals along Tnmk Highway shall be 37% of the total cost. A cost sharing agreement between the applicant and City shall be drafted for the installation of any traffic signals. 27. The applicant shall provide cross-access easements and maintenance agreements for use of the private streets. Cross- access easements should also qualify the secondary access road for public use to Grandview Road. 28. The applicant shall also convey to the City a trail easement over Outlot H once the trail alignment has been approved. '.~.~129. The following Park and Recreation conditions shall apply: The south Rice Marsh Lake Trail connection shall be a. identified on the plan. b. If the trail along TH 101 south of.Rosemount'is disturbed during construction, an agreement for replacement shall be coordinated with the applicant. c. There shall be a joint'agreement for 'future use of the soccer field between the community and St. Hubert's Church. ~ 'd. Full Dark and trail fees shall be collected per ~ity ,o~dinance. 30. Unless setbacks can be maintained for existing TH 101, develoument of Outlot J is contingent upon the upgrade of State Hwy. 101. 31. The developer shall create and maintain an Architectural and Landscape Review Committee to review and approve develoument and building plans for buildings within the Villages on the Ponds. 32. The Developer shall work with the city to accomplish City goals for housing including the provision of' maffordable housing': 35 percent of the rental housing and 50 percent of the ownership housing shall meet the criteria established for affordability by the Metropolitan Council. SP-7 33. The developer and future site users shall be required to incorporate street/plaza furniture, planting boxes, public art, bicycle racks, drinking fountains, etc. within the development and on individual site plans. 3&. ~he applicant shall prepare a detail plan for the design of the wetland alterations. 35. The applicant shall provide specific landscaping plan for wetland 2000 and along TH 5. 36. For two years following final approval of the development, no changes in official controls of the city shall affect the development. 37. A Phase II historical analysis shall be performed on potential archaeological sites as delineated in the EAW. 38. Lot 1, Block 3, shall be shown on the final plat as part of Outlot H, or alternatively as Outlot L. 39. The final location of the soccer field shall be agreed to between the developer and St. Huberts and approved by City Council, and appropriate plans shall be prepared and submitted to the city and approved by City Council, prior to the issuance of building permits for any other devel, opment in the project. The removal of Great Plains Boulevard between'Lake Drive East. and Market Boulevard upon vacation; including traffic control/signage, shall be the applicant's responsibility. Placement of the appropriate traffic control devices shall be coordinated between the applicant, MnDOT and the City of Chanhassen. A detailed traffic plan shall be prepared by the applicant for review and approval by the regulatory agencies prior to closure of Great Plains Boulevard. 41. Substantial changes in the grading, drainage and erosion control plans will require staff and, possibly, City Council approval. 42. Fencing shall be included in the retaining wall construction in conjunction with the overall site grading. Detailed plans addressing the fence construction shall be submitted to staff for review and approval. 43. Construction access points to the development will be limited to Lake Drive East at Market Boulevard, Main Street at Market Boulevard and Great Plains Boulevard at Lake Drive East. %' · 44. Site grading within the development may commence prior to final plat recording contingent upon the City receiving the executed PUD/development contract, administration fees and security escrow along with the Watershed District permit. 45. The grading plan shall be revised to increase the size of the NURP ponds to maintain a 10:1 side slope at the normal water elevation. NURP number 3 shall be moved easterly outside of future Trunk Highway 101 right-of-way. 46. Storm water shall be pretreated in a sediment basin prior to discharging into wetland 5000 on Outlot J. The use of sump catch basins will not be permitted. 47. The storm sewer drainage systems except for NURP ponds 4 and 7 shall be owned and maintained by the applicant or association. The City reserves the right to go in and perform necessary, maintenance functions to maintain water quality levels and assess the cost of the work back to the developer. 48. Drainage and utility easements will need to be dedicated on the final plat over the sanitary sewer and watermain lines which will be publicly owned and maintained. The easement width will depend on the depth of the sanitary sewer line. At a minimum, a 20-foot wide drainage and.utility easement shall be dedicated over each utility line. The final plat shall also include drainage and utility easements over the wetlands on Outlot B and Outlot D to cover the wetland mitigation and storm water pond. In addition, the standard front, rear and side drainage and utility easements shall be dedicated on Lot 1, Block 1 and Lot 1, Block 2. 49. The most northerly access point onto Market Boulevard/Trunk Highway 101 from the development which will be servicing Americinn shall be restricted to a right-in/right-out and not a full access as proposed. 50. Ail drive aisles/streets/parking lots shall be designed and constructed in accordance with City Code, Section 20-1118 except for portions of Lake Drive and Main Street which require a wider street section to facilitate parking and auxiliary turn lanes at the intersection of Trunk Highway 101/Market Boulevard.- Cross-access and maintenance agreements shall be required to grant access to Lot 1, Block 1, Lot 1, Block 2 and through Lot 1, Block 2 to Grandview Road from the general public. Construction plans shall be submitted to staff for review and approval. SP-9 51. The applicant shall be responsible for constructing temporary and permanent streets through Outlot A to serve Lot1, Block 1 and Lot 1, Block 2. 52. The applicant must show grading plan for mitigation area C. The proposed grading plan shows this area as wetland ~nitigation , but has no changes in grade. 10. Qeneral Conditions. The general conditions of this Contract, approved by the City Council on February 13, 1995 are attached as Exhibit "B" and incorporated herein. SP-1. O .I (SEAL) CITY OF CHANHASSEN BY AND: STATE OF MINNESOTA ) <./ Its ~naging ~ember ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this .~/~- day of ~...~~ , 1996, by Donald J. Chmiel, Mayor, and'by Don Ashworth, City Manager, of the City of 'Chanhassen, a 'Minnesota · municipal corDoration, on behalf of the corporation and pursuant to the authority granted by its City PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF~<F-~?--- ) The foregoing instrument was acknowledged before me this~~' day of ~.~ ~- , 1996, by ~/'~-/--,~ ~IBLIC ..-- DRAFTED BY: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 (612) 937-1900) SP-11 ~- ~ mm mm mm m ~mm mm mm '.')[:'::'~?:})i('i~.((:··::.71::::'-;::::.:.'..:;.'::..'.:..';1'i ~. ;,'. ::: ................................ :i::4:i.'._:-:i::..~:.i.2.:ii.::. :.':: .. ~ ~ ,! · }.:' :¢ . .. ..... .... ..~.. ... ~.~'~. ..% · · . \..- . ..~ ,w. .... · .. i Project PermiEed VILLAGES ON THE PONDS DEVELOPMENT Commercial Office/Se~c~ Residential Institutional (scI. ft.) (scI. ft.) (units) (scI, ft,) 174,500 129,500 322 100,000 Lake Susan Apartments Peddler Cyclery 5,018 6,077 Foss Swim School 9,800 Houlihan's 7,443 Famous Dave's 5,300 Building 4 14,849 Building 17 30,000 Americlnn 45,505 St. Huberts TOTALS 162 96,288 78,115 45,877 162 96,288 Date Approved 6/28/99 6/28/99 6/14/99 5/11/98 11/24/97 9/22/97 8/11/97 2/24/97 12/9/96 8/11/99 g:~plan~bgWillages building area Villages on the Ponds History On June 28, 1999, the City Council approved Site Plan #99-9 for a three building apartment development within the Villages on the Ponds development on Ouflot J, Villages on the Ponds (Lot 1, Block 1, Villages on the Ponds 6th Addition), each building will be three stories with 54 units for a total of 162 units. On June 28, 1999, the City Council approved Site Plan #99-10 for an 11,095 square foot 1½ story retail, showroom and office building on Lot 1, Block 1, Villages on the Ponds 4th Addition, The Peddler Cyclery On June 14, 1999, the City Council approved site plan #99-8 for Foss Swim School for a 9,800 square foot swim school facility on Lot 1, Block 1, Villages on the Ponds 5th Addition. On May 11, 1998, the City Council approved Site Plan 98-5 for a 7,443 square foot Houlihan's Restaurant (Building 2) on Lot 1, Block 1, Villages on the Ponds 3rd Addition. On May 11, 1999, the City Council approved the final plat for Lot 1, Block 1, Villages on the Ponds 3rd Addition subdividing Outlot D and part of Outlot E, Villages on the Ponds. On November 24, 1997,.the City Council approved Site Plan #97-11 for a 5,300 square foot building (Building 3) on Lot 1, Block 1, Villages on the Ponds 2nd Addition, for Famous Dave's. On September 23, 1997, the city granted approval for a 14,849 square foot retail building on Lot 2, Block 1, Villages on the Ponds 2nd Addition, (Building 4). Building 4 is a one story, 14,849 square foot, multi-tenant, retail building. On September 23, 1997, the city granted Final Plat approval for Outlot C into Lots 1 and 2, Block 1, and Outlot A, Villages on the Ponds 2~d Addition. September 12, 1997, enter into sub-recipient agreement with AUSMAR to construct the improvement spelled out by the Metropolitan Council's grants. On August 11, 1997, the City Council approved a proposed 30,000 square foot office building (Building 17) on Outlot K, Village on the Ponds (#97-9 SPR), plans prepared by Milo Architecture Group, dated 6/13/97. May 19, 1997, enter into Livable Communities Act Grant agreement with the Metropolitan Council for the provision of public realm improvements and affordable housing in Villages on the Ponds ($500,500.00). February 24, 1997, enter into Transit Capital Financial Assistance Grant with the Metropolitan Council for the provision of a transit facility within Villages on the Ponds ($190,000.00). On December 16, 1996, the City Council approved Site Plan 96-13 for a 45,505 square foot Americlnn Motel and Suites facility (Building 1) on Lot 1, Block 1, Villages on the Ponds. On September 23, 1996, the City Council approved PUD 95-2, Villages on the Ponds, including a Comprehensive Land Use Plan amendment from Office. rmdusu/al, Tn~qtitutional, Residential Medium Density, Residential Low Density to Mixed Uso-Commemial, High Density Residential, Institutional and Office; Preliminary planned unit development forup to 291,000 sq. fi. of commercial/office buildings, 100,000 sq. fi. of institutional buildings, and 322 dwelling units; Rezoning from IOP and RSF to PUD, Planned Unit Development (final mo_din~; and final plat dated "Received September 19, 1996" for two lots and ten outlots and public right-of-way. On September 9, 1996, the City Council approved Site Plan 96-11 for a 96,288 square foot school church facility for St. Hubert Catholic Community on Lot 1, Block 2, Villages on the Ponds. On August 12, 1996, the City Council granted preliminary approval of PUD ~92-1 including a Comprehensive I_amd Use Plan amendment from Office/industrial, Tn~qtitutional, Residential Medium Density, Residential Low Density to Mixed Use-Commercial, High Density Residential, Institutional and Office; Preliminary planned unit development for up to 291,000 sq. fi. of commercial/office buildings, 100,000 sq. fi. of institutional buildings, and 322 dwelling units; Rezoning from lOP and RSF to PUD, Planned Unit Development (first reading); Preliminary plat for 13 lots and 3 outlots and public fight-of-way; Wetland Alt~-rafion Permit to fill and'excavate. wetlands On site; Vacation of right-of-way and easements; Environmental Assessment Worksheet (EAW) findings of Negative Declaration of the need for additional environmental investigation; and Indirect Source Permit Review for the Villages on the Ponds project. PLANNING COMMISSION CITY COU-NCIL 10/4/95 Villages concept discussion 10/18/95 Villages concept discussion 11/1/95 Livable Communities discussion 11/15/95 Villages concept discussion 11/27/95 Villages concept discussion 12/11/95 Villages concept discussion 2/7/96 Livable Communities hearing 5/1/96 Villages worksession- needs, wants, goals 5/15/96 Villages worksession - concept and opportunities 6/5/96 Villages worksession- subdivision/technical details 6/18/96 Developer Open House 6/19/96 Villages worksession- architecture, design criteria, uses 6/24/96 Livable Communities Action Plan 7/17/96 Villages Preliminary PUD 8/12/96 Villages Preliminary PUD 9/9/96 Villages Final Plat 9/23/96 Villages Final Plat ..½ ASSES "· ".:z~ '. :~.., · _ -..~.-.]..-~ . .... - .., .-.-.-,~- PREPARED FOR': :.:':"' CITYOF PREPARED .BY.. -BRW, INc. JULY' 1. 1996 --- ~ ,-'-. ..... 2,-.'-,:~. -~ .--' t...,...~,.. ~ . ,~' ,. -" ','.' -..'.~.'. ' .. - - ~- ."":.F.-'--' - ,-.-- .-. - c. .- ...... e~.--. ...... . ~--- ::- ,-- .: -- -.¥ .-.---, "."'-" "'-"' '... -'-." '.7'.-'---'."'.. ~:':..~-'~, ..... ' . ;' ' 7 -': -' '- ";"-'' "-" - ' ' -~,/ .... '~: 'z:' ~" ~-~:3 : -:5':.. - '-..~,~ .. . . -.. :-:':.?i:."-' :"-':' ' - ~.:: ::. · : . ' . - . ~., ,O--~',.~-:,,'---~:~,-,,;:s~-~ ~.-' ~-.'-' -'3- .7 .'-'.' ~ ". X.'- - "' - . :- ' ": .. ".'.5 .:..~.z.,~,:.,,;.~&~:~..,~::.: .¢,'- .: ....... :.:..--..... -"'~.~-'-'.~'-z,.~: ' ~-'~.-':.~" -'::.' "'. -:!: .:. ".:-...: 7. , ~ : -' - . . - .¥--".-~.': , '.-.'-:~,'..'-.'-,c'. '-' - ':' · - '- '- '.'-: - ~ '" ~. : .. --..~:-: :..?/..?.~:~.-:...~ - : : -. . .~.: . . ..'- :: :'~'-i:',;-;Zi-..'~..rg ;.;-.:-'-i¥'-+-~'. -. '. ----- ~.'-.-.~../.:,'-h . -..-'....'e..:,::,~?..;:.;;'.'- :..:- :~. ¢... '.. 7.'~ :- :'.'..." '~.. . . . .-....... -: ..... . .: '.'...~.-'.'. :.'. : .'. .': _ ' . .' ..... ..'-.. .... ,eL..".':.:_,.'.'_~ ;'-~'"'._~2 ... '-: - ?..-.. - . -. :. ,. -,::-'~.';.'~--'~'.~': ;_. -: · . ... ::.. :-....-,. ' ' ""' ' :" ' .. ~'...'~::i','! .. .-. .. .... 5. Project Location W 1/2 Section.13 ' Township ~16N · . Range 23W County .Carver . City/Twp (~hanho~er~ Attach copies of each of the following to the EAW: a. a county map showing the general location of the project; b. copy(ies) of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries; c. a site plan showing all significant project and natural features. The following figures are included in Appendix A. 1. Project Location 2. Existing Conditions 3. Site Plan 4. National Wetland Inventory and DNR Protected Waters 5. Utility and Storm Water 6. Carver County Soil Survey 7. Ste. ep Slopes 8. Grading Plan 9. Existing Average Daily Traffic Volumes 10. Existing Traffic Control and Geometric Conditions 11. Existing and Year 2002 No-Build AM and PM Peak Hour Turning Movement Volumes 12. Year 2002 Build and Site Generated AM and PM Turning Movement Volumes 13. Air Quality CO Receptor Sites 14. Noise Analysis Sites 15. Directional Distribution 16. Existing Tree Canopy Coverage 17. SWMP Watersheds 18. Chanhassen Zoning Map 6, Description. Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. Response: Lotus Realty Services proposes to construct a mixed use development in Chanhassen, Minnesota, consisting of 391,000 gross square feet of office/retail/ commercial uses and 266 attached residential units. 2 The project location is bound by Highway 5 to its north, Lake Susan and Rice Marsh Lake to its south, and Highway 101 runs. throug~h its western edge: Downto,,~m Chanhassen is directly north of the proposed site.: Primary access will be from Highway 5 via 101 and Great Plains Boulevard. "Villages on the Ponds" is intended to be a Neotraditional village community mixing retail, office, institutional, hospitality and residential uses on the site. The internal roadway system will be primarily one north/south street and one major east/west route. Building design standards will coordinate building styles, landscaping, hardscapes, signage, lighting and other design features. The project site is 62 acres and is a proposed Planned Unit Development (PUD). The proposed plan includes: · 27.5 acres of impervious surface. · Approximately 2,192 proposed parking stalls (1,698 surface and 494 enclosed, which is approximately 3.04/1,000 Square feet). · 13.25 acres of wetland to remain on site. · 6.1 acres of existing tree cover to remain on site. The site will maintain a significant amount of undeveloped land on site with approxi'~ mately 44% impervious surface proposed. Some of the primary environmental impacts are highlighted below and described in greater detail within the applicable categories of the EAW. .- - - Existing Tree Canopy Cover - Existing canopy cover is approximately 26 acres of deciduous trees. Approximately six acres of this 'is proposed to remain after completion of the project. Pockets of vegetation will remain in or near wetland areas, with a majority of the tree cover to be concentrated along the southern portion of the property near Lake Susan and Rice Marsh Lake. Site Preparation - Site grading will occur on approximately 53 acres of the 62-acre site. Erosion and sedimentation control measures will be cons~ prior to initiation of site grading and will remain in place through the construction process. Storm Water Runoff- .Storm water runoff will be distributed to six ponding areas on site to provide sediment and/or nutrient removal. In most cases, the treatment ponding will be adjacent to wetlands remaining on site. In all, 1.54 acres of storm water ponding is proposed on site. Wetlands - The proposed site plan will impact 2.46 acres of the 16.0 acres of wetland on site. Replacement plans will include 2:1 ratios of on and off site replacement. 1 e Provide a 50 or fewer word abstract for use in EOB Monitor notice: Lotus Realty Services proposes a rnixed-~.~se .development in Chanhassen, Minnesota, consisting of 391,000 gross square feet of retail, office, institutional, hospitali~, uses, and 266 residential units. The site is 62 acres in size and located directly south of Downtown Chanhassen and Highway 5, between Great Plains Boulevard and Market Boulevard (Highway 101). Project Magnitude Data Total Project Area (acres) or Length (miles) (~2 acres Number of Residential Units Unattached Attached 266 * Commercial/Industrial/Institutional Building Area (gross floor space) Total 391,000 square feet; Indicate area .of specific uses: Office 47,000 SF * Retail 127,300 SF Warehouse m Light Industrial -- Other Commercial (specify) Building Heights(s) Manufacturing Other Industrial Institutional 100,000 SF (church & school) Agricultural Hotel - 47,200 SF; Mixed Office and Retail - 69200 SF Fgur ~tgrie~ maximum * The site plan analysis includes an alternative which would decrease commercial gross floor space by 19,000 SF and increase attached residential units by 56 units. Here the area shown as retail/office would be attached residential. Market factors at the time of development will determine the preferred land use. Permits and Approvals Required. List all known local, state and federal permits, approvals and funding required: Unit of Type of Government Application Status Federal: - Corps of Engineers Wetland Alteration Permit Submitted State: - MPCA Indirect Source Permit Sanitary Sewer Extension National Pollution Discharge Elimination System (NPDES) To be applied for To be applied for To be applied for 32. SUMMARY OF ISSUES. Cl'his section need not be completed if the EAW is being done for EIS scoping; '.instead, address.relevan, t issues in the draft Scoping Decision document which must accompany the EAW.) -List any impacts and issues identified above that may require further investigation before .the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit condi- tions. Response: Potential mitigation measures were discussed in this doeument for the following issues: Water Quality: Storm water treatment ponds are to be constructed in six location to treat virtually all site runoff before entering into any wetlands, lakes or creek. Wetlands: Wetland mitigation is proposed at a 2:1 ratio for the impaets proposed. Sequencing will need to be discussed with the permitting agendes and avoidance alternatives will need to be reviewed. Trees: Due to the grade change of nearly 100 feet from north to south within the site, preserving existing trees is difficult. The plan preserves most of the canopy on the slopes adjacent to the lakes and creek and just north of the trail. Other small woodlots are preserved within the wetlands and along the site' fringe. A total of 6.1 acres are preserved if most of the wetland creation is done off-site. Given that most of the tree canopy consists of small cottonwood, box elder and willow, the City will need to. determine whether additional preservation can be 'achieved through axioidance or if the' tree spedes impacted can be adequately repl,3ced wifih the replacement requirement. Traffic: The traffic analysis concluded that the predicted traffic generated by the site - does not significantly change the level of service that would occur without the project. Mitigation measures suggested do not alleviate the problem. The source of the traffic congestion is beyond the control of this project. There appear to be no significant issues requiring further investigation prior to project commencement. Required on-site utility and transportation system improvements will be designed and constructed as part of the project. The wetland loss will be mitigated in full compliance with city, state and Corps of Engineers requirements. The project has been planned to minimize future environmental impacts and will be constructed with significant emphasis on control of erosion and sedimentation control. C 0F PO lllet l4'7 95295Z1900 95293Z5739 952937.9152 952934.2524 TO: FROM: DATE: Teresa Burgess, Director of Public Works/City Engineer MattSaam'Pr°j~tEngin~rfP~9 0]~(~' September 5, 2001 SUBJ: Approve Amendment to Cooperative Agreement with the City of Victoria and Lundgren Bros. Construction, Inc. for Tristan Heights Project No. 01-07 Staff is recommending approval of the attached amendment to the existing cooperative agreement that the City of Chanhassen has with the City of Victoria and Lundgren Bros. Consmxcfion, Inc. Legal counsel has previously reviewed the amendment. The City entered into the original cooperative agreement in April of 1996. It allowed for property owned by Lundgren Bros. in the City of Viotoria to be served with utilities from the City of Chanhassen. Since the ageement was originally signed in 1996, the Lundgen property has increased in size by .tWo additional lots. The proposed amendmgnt references the current plat, known as Tristan Heights, and so limits thc number of lots that will bo served by thi~ agreement. Thc amendment also specifies thc course of action for stn~ repairs resulting from routine and emergency maintenan~ of thc City's utility system. Final platting of the Tristan Heights subdivision was contingent upon this amendment being signed by all parties. Attachments: Amendment to Cooperative Agreement C.' Mike Burton, Lundgren Bros. Construction Steve Sarbi, Victoria City Adminigtmtor Mark Kaltsas, Victoria City Planner 8;~en~rojects~ristan htgappmve amendment 2.doc AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN TI:IF, CITY OF CHANHASSEN, THE CITY OF VICTORIA, AND LUNDGREN BROS. CONSTRUCTION, INC. WHEREAS, the City of Chanhassen ("Chanhassen"), the City of Victoria ("Victoria"), and Lundgren Bros. Construction, Inc. ("Lundgren") have previously entered into a Cooperative Agreement ("Contract") dated 3/28/96; and WHEREAS, the parties desire to amend their Contract. NOW, THEREFORE, the parties hereto their heirs, successors and assigns, agree as follows: 1. Revised Plat. The Contract is amended by deleting Exhibit G and replacing it with Exhibit H, attached to this amendment. 2. Street Maintenance & Repair. A. Bi C. Di All reasonable street repair associated with the maintenance of the City of Chanhassen's utility system, located within the City of Victoria in the Tristan Heights Subdivision, north of Trunk Highway 5 and west of Minnewashta Parkway, will be the responsibility of the City of Victoria, provided the City of Chanhassen provides fourteen (14) days written notice to the City of Victoria of any intended repairs. The City of Victoria shall be entitled to review and approve the specifications relating to such repair. In the case of emergency repairs to the utility system, when it will be impossible for the City of Chanhassen to give fourteen (14) days written notice of intended repair work to the City of Victoria, the City of Chanhassen shall restore the street to a minimum condition of a gravel surface so access can be gained by residents and the public. The City of Victoria will then repave the disturbed road section and invoice the City of Chanhassen for all paving expenses. The City of Chanhassen agrees to pay for the paving expenses resulting from the repair of the utility system. Street repair resulting from the repair of the utility system to be provided under paragraphs A or B above shall include, without limitations, all reasonable administrative costs, engineering costs, legal costs, costs of materials, labor, and all other construction costs associated with street repairs. Any time there is an interruption of water or sanitary service to the City of Victoria residents, the City of Chanhassen shall notify the impacted residents and the City of Victoria Administrator, and the notification shall clearly indicate a contact person at the City of Chanhassen. 3. Water Use Restriction. . A, The City of Chanhassen will inform the City of Victoria in writing of any water emergencies declared by the City of Chanhassen and the ~tfictions imposed as a result thereof. The City of Victoria agrees to implement and enforce appropriate restrictions on that area w/thin the City of Victoria served by water from the City of Chanhassen. Original Agreement A. Except as modified by this amendment, the Contract dated 3/28/96 shall remain in effect. LUNDGREN BROS. CONSTRUCTION, INC.: By Its Date CITY OF CHANHASSEN: By Its And By Its Date CITY OF VICTORIA: By Its And By Its Date EXI-rmiT H LEGAL DESCRIPTION OF SUBYBCT PROPERTY: Outlot A, HIGHLANDS ON LAKE ST. JOE 2ND ADDITION, Carver County, Minnesota, according to the recorded plat thereof. That part of Outlot B, HIGHLANDS ON LAKE ST. JOE, Carver County, Minnesota, according to the recorded plat thereof which lies southeasterly, southerly and southwesterly of the following described line: Commencing at the northeast comer of the Southwest Quarter of the Northeast Quarter; thence westerly along the north line of said Southwest Quarter of the Northeast Quarter, 110.00 feet; thence South 1 degree 28 minutes 18 seconds East, assumed bearing, 1240.16 feet to the intersection with a line 75.00 feet north of and parallel with the south line of said Southwest Quarter of the Northeast Quarter, and the south line of Government Lot 3 of said Section 7, at a point distant 1385.10 feet west of the east line of said Government Lot 3, as measured along said parallel line; thence North 1 degree 28 minutes 18 seconds West along the last described line 89.88 feet to the point of beginning; thence North 48 degrees 48 minutes 57 seconds East, 84.00 feet; thence South 70 degrees 33 minutes 13 seconds East, 26.61 feet to the intersection with the east line of said Southwest Quarter of the Northeast Quarter, 211.31 feet north of the southeast comer of said Southwest Quarter of the Northeast Quarter; thence South 71 degrees 22 minutes 19 seconds East, 191.22; thence South 36 degrees 59 minutes 12 seconds East, 188.07 feet to the south line of said Outlot B where said line terminates. That part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 116, Range 23 described as follows: Commencing at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence on an assumed bearing of West, along the north line of said Northeast Quarter of the Southeast Quarter to a point, distant 547.00 feet westerly from the northeast comer of said Northeast Quarter of the Southeast Quarter; thence South 00 degrees 30 minutes 23 seconds East, parallel with the east line of said Northeast Quarter of the Southeast Quarter, a distance of 84.30 feet; thence on a bearing of East, 285.24 feet; thence South 29 degrees 36 minutes 49 seconds West, 264.47 feet; thence on a bearing of West 72.17 feet to the beginning of the land to be described; thence South 24 degrees 17 minutes 22 seconds West, 218.73 feet; thence South 25 degrees 09 minutes 22 seconds West, 453.76 feet; thence South 31 degrees 30 minutes 00 seconds West, 71.50 feet; thence on a bearing of East, 314.96 feet to a line which is 7.41 feet northwesterly of and parallel with the centerline of MINNEWASHTA PARKWAY per the plat of TROLLS-GLEN THIRD ADDITION and the road as traveled; thence northeasterly along said parallel line on a non-tangential curve, concave to the northwest, 69.09 feet, said curve has a radius of 2013.51 feet, a central angle of 01 degree 57 minutes 58 seconds and a chord of 69.09 feet which bears North 27 degrees 10 minutes 33 seconds East; thence continuing along said parallel line North 26 degrees 11 minutes 34 seconds East, tangent to the last described curve 326.40 feet; thence continuing along said parallel line northeasterly along a tangential curve, concave to the southeast, 170.99 feet, said curve has a radius of 7715.89 feet and a central angle of 01 degree 16 minutes 11 seconds; thence continuing along said parallel line northeasterly along a compound curve, concave to the southeast, 67.06 feet, said curve has a radius of 962.34 feet and a central angle of 03 degrees 59 minutes 35 seconds; thence continuing along said parallel line tangent to the last described curve North 31 degrees 27 minutes 19 seconds East, 123.78 feet; thence continuing along said parallel line northeasterly along a tangential curve, concave to the northwest, 0.18 feet to a line which bears East from said point of beginning, said curve has a radius of 1301.15 feet and a central angle of 00 degrees 00 minutes 29 seconds and a chord of 0.18 feet which bears North 31 degrees 27 minutes 05 seconds East; thence on a bearing of West, 345.17 feet to the point of beginning. That part of the Northwest Quarter of the Southeast Quarter of said Section 7, Township 116, Range 23 lying east of the following described line: Commencing at the northeast comer of the Southwest Quarter of the Northeast Quarter; thence westerly along the north line of said Southwest Quarter of the Northeast Quarter, 110.00 feet to the point ofbe~nning of the line to be described; thence southerly 1240.16 feet to the intersection with a line 75.00 feet north of and parallel with the south line of said Southwest Quarter of the Northeast Quarter, and the south line of Government Lot 3 of said Section 7, at a point distant 1385.10 feet west of the east line of said Government Lot 3, as measured along said parallel line; thence southerly and parallel with the east line of said Northwest -Quarter of the Southeast Quarter and its northerly extension, to the south line of said Northwest Quarter of the Southeast Quarter, and said line there terminating. That part of the Northeast Quarter of the Southeast Quarter of said Section 7 describe as follows: Beginning at the northwest comer of said Northeast Quarter of the Southeast Quarter; thence on an assumed bearing of East, along the north line of said Northeast Quarter of the Southeast Quarter to a point, distant 547.00 feet westerly from the northeast comer of said Northeast Quarter of the Southeast Quarter, thence South 0 degrees 30 minutes 23 seconds East, parallel with the east line of said Northeast Quarter of the Southeast Quarter, a distance of 84.30 feet; thence on a bearing of East, 285.24 feet; thence South 29 degrees 36 minutes 49 seconds West, 264.47 feet to a point hereinafter referred to as Point A; thence on a bearing of West, 72.17 feet; thence South 24 degrees 17 minutes 22 seconds West, 218.73 feet; thence South 25 degrees 09 minutes 22 seconds West, 453.76 feet; thence South 31 degrees 30 minutes 00 seconds West, 71.50 feet; thence on a bearing of East, 323.34 feet to the centerline of Minnewashta Parkway, thence southwesterly 379.77 feet along said centerline to the south line of said Northeast Quarter of the Southeast Quarter, (said centerline is described as a nontangenfial curve, concave to the northwest with a radius of 2020.92 feet, a central angle of 10 degrees 46 minutes 01 seconds and a chord bearing of South 33 degrees 25 minutes 48 seconds West); thence westerly along said south line to the southwest comer of said Northeast Quarter of the Southeast Quarter; thence northerly along the west line of said Northeast Quarter of the Southeast Quarter to the point of beginning. That part of the Northeast Quarter of the Southeast Quarter of said Section 7 described as follows: Beginning at said point A; thence on a bearing of East, 281.68 feet, more or less, to the center line of Minnewashta Parkway said line hereina~er referred to as line A; thence northeasterly 75.91 feet along the center line of Mirmewashta Parkway to the intersection with a line 66.00 feet north of and parallel with said line A, said center line is described as a nontangential curve, concave to the northwest with a radius of 1308.56 feet, a central angle of 3 degrees 19 minutes 25 seconds and a chord bearing of North 29 degrees 35 minutes 14 seconds East, thence on a bearing of West, 281.62 feet to the intersection with a line beating North 29 degrees 36 minutes 49 seconds East and passing through said point A; thence South 29 degrees 36 minutes 49 seconds West, 75.92 feet to the point of beginning. Subject to an easement for Tnmk Highway No. 5 both as taken in final Certificate recorded in Book 1 of Misc., page 466 and, additionally, as traveled. Subject to the right of the public in Minnewashta Parkway. C[[YOF MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manager Teresa $. Burgess, Public Works D~r/City Enginee~ August 31, 2001 SUBS: Approve ~sement Agr~xnea~ for BC 7 & BC 8 Utility ~on Project No. 00-01 REQUESTED ACTION It is r~mended ~ the City Council approve the attach~ agreeme~z for the BC 7 & BC 8 utility extension project and payment of $10,000 as ~on for easement acquizition to DISCUSSION As part of the BC 7 & BC 8 utility extc~on, it is necessary for the City to obtain permanent and temporary easements. Atmcl~ are easement agreeart~z for Parcels 5 and 7 and a Right-of-Entry for Parcel 9. Locations of the parcch are shown on the map below, In addition, as part of the easement acquim'tion, staff has negotiai~l an ~ agreement for Parcel 5. The Right-of-Entry on Parcel 9 will allow the City to begin co--on while the easement negotiafion~ with the property owners continue. There is no payment to the property owner for the Right-of-EntrT, however, thc City will pay monetary compensation to the propm'ty owner for agreement for Parcel 9 will be submitted for Council approval at a-later date. The city attorney has negotia~l a price of $10,000 for the Parcel 7 easement. The property owner is donating th~ Parcel 5 easement. The Parcel 5 ear, murat is estimated in value at $7,982.00. Failure to approve the agreeme~ will delay construction of the utility ~on. Thomas ]. Campbell Roger N. Knutmn Thomas M. Scott Elliott B. Knet~ch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *ALsu ~ in Ms. Teresa Burgess City of Cbanhassen 690 City Center Drive P. O. Box 147 Chamhassen, Minnesota 55317 CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 August 15, 2001 : CITY OF CHANHASSEN AUG 2 0 ZOO1 ENGINEERING DEPT, John F. Kelly Matthew J. Foil Soren M. Mattick Marguerite M. M¢C_.arron Gina M. Brandt Re: Chanhassen Improvement Project 004)1 03C 7 & 8) Dear Teresa: Enclosed please find a copy of the Grant of Temporary and Permanent Easements signed by Robert and Li~a Bcrgan. We ~vc agreed, subject to Counci/approval, to pay thc Bergans $10,000.00 for the easements. We believe that this is a fair settlement and recommend approval. Also enclosed is a copy of thc Grant of Permanent Easement and two original Assessment Agreements signed by Byron and Mary Olson. These documents incorporate the informal agreement you had made with the Olsons whereby it was agreed that the mount to be paid to them for the permanent easement would be offset against their assessment. The assessment is estimated to be $18,958.00. The Olsons are being paid $7,982.00 for the permanent easement. Accordingly, the reduced assessment amount will be $10,976.00. We request that you present these two agreements to the City Council for approval. The Assessment Agreement should then be signed by Linda and Todd and forwarded to our office along with the checks payable to the Bergans and Olsons. We will in mm forward these checks to them and record the Assessment Agreement and easement documents. Please call if you have any questions. Best regards, TMS:cjh Enclosure Campbell/!~amts°n~'" Professi ctation Thomas M. Scott Suite 317 · Eagandale Office Center ° 1380 Corporate Center Curve ° Eagan, MN 55121 RIGHT OF ENTRY/WAIVER OF TRESPASS THE UNDERSIGNED, owner of certain land in the City of Ch,nh~s_,en, who is the sole person with a right to grant entry to the affec~ property desaribed her~, in consideration of unto the CITY OF ~, a Municipal corporation under the laws of the State of Minneso~ ('City'), ~ agentit and asdgns, the fight to enter upon and commence construction a~d all rehted activities therewith, over, under, on, and across the real property ~ on the attached Exhibit 'A' ('Subject Property') for the purpose of construct, operating, mainlaining, repairing, replacing and removing a public street and public sanitary sewer and drainage system ("Improvements"). It is understood by the ~gned that the City will complete the l~vements in accordance with its plan for the Chauhasseu City Project No. 00-01 OYunk.U .fility Exte~on) on file with the City Clerk ("Plans") and restore the Subject Property to a condition as nearly equal as poss~le (subject to the changes as shown on the Plans) to that which exisu~ prior to As further consideration for this Right of Entry, the City expre~y agrees that if it or any of its employees or agents causes any physical damage to the store momnnems at the entry to the grasses, it will resWre those items to a condition as nearly as possible to that whit& exis~ prior to consm~on. The City will place a Class Three barricade with two blinking lights over the priva~ drive at the spot where the temporary gravel road connects with the private drive. The City will reconstruct the private drive from Tanadoona Drive up to the detached · garage. The City's contractor will notify Grantor in advance before commencing reconstruction of the private drive. ~ : The City will replace any trees that are removed in the temporary easement areas with similar type trees. ~ · The City will restore the area distnrbed by the temporary gravel road. currently has native prairie grasses will be seeded with native prairie grass seed. currently has sod will be replaced with sod. By accepting this Right of Entry, the City acknowledges that it is entering upon the Subject Property at its own risk and agrees it will hold the undersigned harmless from any claim resulting from the City's activities described herein. The Right of Entry regarding the use of Grantor's private driveway for through traffic is limited in duration and shall expire 45 days after the date Tanadoona Drive is .initially closed for construction of the public road and sanitary sewer improvements and, under any circumstances, the use of Grantor's private driveway for through traffic shall not extend beyond December 1, 2001. The parties understand and agree that the actual permanent sanitary sewer easement to be located west of the existing driveway has been revised in part in such a manner that said easement runs parallel with and adjacent to the Tanadoona Drive Right of Way and the northerly boundary lix~ of Grantor's property line. The temporary gravel road will be constructed upon the existing culvert located south of Grantor's driveway. The legal 9S148 2 descriptions attached hereto 'will be revised accordingly to reflect these modifications. The undersigned and the City u~lerstaud and agree that by the ~ signing thin Right of Enll'y/Waiver of Trespa~, that the undersigned bas not agreed to grant an easement to tl~ City or waived any rigtns rdafing to thc ~'s ~ m claim damages or entitlement t~ compensation, .cost or expenses whether pursuant to cond_emn~tion, or eminent domain proceedin~ or otherwise, re~ating to the full enjoyme~ of the Subject Property. Waiver of Trespass upon ~ (10) days ~ notice to the City without ~ action, at any time a/~ Suly 31, 2002. Upon im-minafion of this Right of Entry and Waiver of Trespass the City shall restore the Subject Property to. a condition as uearly equal as poss~le W that which existed prior to the co--on of the hnpmvemen~s. Dated this ~ day of August., 2001. GRANTOR: STACY D. RUBSAM AS TRUSTEE OF THE PETERSON REVOCAB~.~. TRUST UNDER AGI/~I]~N'T DATED JANUARY 25, 2001 By · STATE OF IvIINNESOTA )  )ss. COUNTY OF ) The foregoing instrument was acknowledged befor~ me this ~ day of August,' 2001, by Stacy D. Rubsam as Trustee of the Peterson Revocable Trust Under Agreement Dated January 25, 2001, on behalf of said Trust, Grantor. · 9514~ THIS INSTRUMENT WAS DRAFrED BY: CAMPBELL KNUTSON Professional A~sociation 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 TMS/cjh EXHIBIT TO FASEMENT A6REEMENT PARCEL 9- Alternate Two PID: 25-008-3330, 25-008-3320, 25-009-2710 A strip, 60 feet wide, for permanent street and utility easement purposes over, under and across the following described property: ! That part of the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9 and that part of Government Lots 8 and 9 of Section 8, all in Township 116 North, Range 23 West of the 5~' Principal Meridian, described as follows: Commencing at the southeast corlier of said Southwest Quarter of the Northwest Quarter; thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 mlrlutes 39 seconds West, a distance of. 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet to a point hereinafter referred'to as 'Point A' ;.thence North 69 degrees. 13 minutes 44 seconds West, a distance of-283.38 feet; thence South 10 degrees 46 minutes .16 seconds West a distance of 492.43 feet; 'thence South 71 degrees 39 minu~ 26 seconds East a distance of i15.18 feet, to the point of beginning of the land to be descn'oed; thence continuing South 71 degrees 39 minu~ 26 seconds East a distance of 15.96 feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 451.81 feet; thence North 71 degrees 39 minutes 26 secOnds West a distance of 131.14 feet; thence North 10 degrees 46 minutes 16 seconds East, a distance of 40.62 feet; thence North 69 degrees 13 minutes 44 seconds West a distance of 355.20 feet, to a point distant 638.58 feet northwesterly from the above referenced 'Point A'; thence North 87 degrees 00 minutes 49 seconds West a distance of 822.99 feet; thence South 1 degree 58 minutes 09 seconds E,~st a distance of 206.39 feet; thence South 28 degrees 11 minutes 51 seconds West a distance of 303.66 feet; thence South 63 degrees 31 minu~ 20 seconds East a distance of 1266.35 feet, to the in~~on with a line bearing South 26 degrees 28 minutes 40 seconds West from the point of beginning; thence North 26 degrees 28 minutes 40 seconds East a distance of 390.62 feet to the point of beginning. The centerline of said strip being described as follows:- 95148 Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees 50 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter and there said centerline terminates. Together with a strip 10 feet wide, for permanent drainage and utility easement purposes, which lies southerly of and adjoining the above-described road. Together with a strip 240 feet wide, for temporary construction easement purposes, which lies southerly of and adjoining the above described permanent drainage and utility easement. · Together with a strip 60 feet wide, for temporary comtmction easement purposes over the above described property. The centerline of said strip being described as follows: 95148 Commencing at the southeast comer of the Southwest Quarter of the Northwest Quarter of said Section 9; thence northwesterly at an angle of 19 degrees $0 minutes 44 seconds with the westerly extension of the north line of the Northeast Quarter of the Southwest Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 30.00 feet; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet south of and parallel with said north line of the Northeast Quarter of the Southwest Quarter; thence easterly deflecting to the left 19 degrees $0 minutes 44 seconds alohg said parallel line a distance of 130.39 feet; thence westerly on a tangential curve concave to the southeast having a radius of 2:50.00 feet, a central angle of 45 degrees 02 minutes 06 seconds, a distance of 196.50 feet; thence southwesterly tangent to said curve a distance of 242.81 feet; thence southwesterly along a tangential curve concave to the northwest having a radius of 300.00 feet, a central angle of 38 degrees $0 minutes 14 seconds, a distance of 203.35 feet; thence southwesterly tangent to said curve a distance of 216.01 feet; thence westerly along a tangential curve concave to the north having a radius of 300.00 feet, a central angle of 24 degrees 01 minutes 49 seconds, a distance of 125.82 feet; thence westerly tangent to said curve a distance of 276.83 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 200.00 feet, a central angle of 44' degrees $6 minutes 59 seconds, a distance of 156.90 feet to the point of reverse curve and said point is the beginning of the centerline to be described; thence northwesterly along a reverse curve concave to the southwest having a radius of 134.91 feet, a central angle of 33 degrees 10 minutes 41 seconds, a distance of 78.12 feet to the point of reverse curve; thence northerly along said reverse curve concave to the east having a radius of 58.00 feet, a central angle of 108 degrees 34 minutes 41 seconds, a distance of 109.91 feet; thence northeasterly tangent to said reverse curve a distance of 64.69 feet; thence northerly, deflecting to the left 43 degrees 34 minutes 01 seconds a distance of 54.25 feet; thence northerly along a tangential curve concave to the west having a radius of 200.00 feet, a central angle of 15 degrees 02 minutes 32 seconds, a distance of 52.:51 6 feet; thence northerly tangent to said last de. sm'bed curve a distance of 36.19 feet; thence northerly along a tangential curve concave to the west having a radius of 200.00 feet, a central angle of 23 degrees 48 minutes 39 seconds, a distance of 83.12 feet to the point of reverse curve; thence northerly along said reverse curve concave to the east having a radius of 125.00 feet, a central angle of :54 degrees 0//minutes 01 seconds, a distan~ of 117.99 feet; thence northerly tangent to said reverse curve a distance of 56.58 feet and there said ccnterline termin~.s. Together with a strip 20 feet wide, for permanent sanitary sewer easement purposes over, under, and across the above-described property. The cenm'line of said strip being descn'bed as follows: , Commencing at the southeast corner of the Southwest Quarter of the Northwest Quarto- of said Section 9; thence North 69 degrees 42 minutes 1//seconds West, as.~uning the west line of said Northwest Quarter of the Southwest Quarto- has a bearing of North 0 degrees 32 minutes 39 seconds West, a distance of 978.//0 feet; thence South 36 degrees 06 m|nute~ 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minu~ 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South 71 degrees. 39 ~ 26 seconds East a distance of 121.0//feet; thence North 10 degrees 46 minutes 16 seconds East a distance of 477.07 feet to the point of beginning of the centerline to be described; thence North 69 degrees 13 minutes 44 Seconds Wesi a distance of 477.2~ feet; thence North 87 degrees 00 minutes 49 seconds West a distance of 74//.09 feet; thence southwesterly along a tangential curve concave to the southeast having a radius of 00.00 feet, a central angle of 94 degrees 57 minutes 20 seconds, a distance of 99.44 feet; thence South I degree//8 minutes 09 secollds ~ tangent to said curve a distance of 132.7//feet; thence South 28 degrees 11 minu~//1 seconds West a distance of 171.07 feet and there said centerline terminates. Together with a strip 50 feet wide, for permanent sanitary sewer purposes over, under and across the above-described property. The centerline of said drip being described as follows: ! Commencing at the termination point of the aforementioned centerline; thence North 28 degrees 11 minutes 51 seconds East a distance of 25.00 feet; thence South 61 degrees 48 minutes 09 seconds East a distance of 10.00 feet to the point of beginning of the centerline to be described; thence continuing South 61 degrees 48 minutes 09 seconds East a distance of 30.00 feet and there said centerline terminates. Said temporary easement is to expire 1uly 31, 2002. 7 (Reserved for Recording Data) G ,RANT, OF TEMPO, ,RARY AND PERMAN.... ~ENT EASEMENTS TI-NS AGREEIVIENT made this__ day of . ,2001, by and between ROBERT D. BERGAN AND LINDA J. BERGAN, husband and wife, hereinafter referred to as "Grantors", and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grafitee, hereinafter referred to as "City". WITNESSETH: TEMPORARY EASEMENT The Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the City, its successors and assigns, a temporary easement for constmcti0n purposes over, on, across, under, and through the land situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit "A". TO HAVE AND TO HOLD the same, unto the City, its contractors, successors and assigns, commencing upon execution of this Agreement and expiring June 30, 2002. The City will restore the easement property to as near as possible to its current condition. PERMANENT EASE1WF~NT FURTHER, the Grantors in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficien~ of which is hereby acknowledged, ~Io hereby grant and convey to the City, its successors and assigns, forever, a permanent easem~mt for public roadway, utility and drainage purposes over, o~t, across, under and through the land situated in the County of Carver, State of Minnesota, legally described on the attached Exhibit "A". INCLUDING the fights of the City, its contractors, agents, servants, and assi~s, to enter upon the easement premises at all reasonable times to install, reinstall, inspect, repair, and maintain said public roadway, public utilities and drainage Over, across, on, under, and through the permanent easement premises, together with the fight to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public roadway, utility and drainage easement. The above named Grantors, for themselves, theirs su~sors and assigns do covenant with the City, its successors and assi~s, that they are well seized in fee title 6f the above described permanent easement premises; that they have the sole fight to grant and convey the easements to the City. 2 IN TESTIMONY WHEREOF, the Grantors hereto have signed this Agreement the day and year first above written. GRANTORS: STATE OF MINNESOTA ) COUNTY OF CARVER ) INOT,~ P~BLII~-MINNF.~OTA The foregoing instrument was aeknowl~i'~i'~~" day. of ~']-- _, 2001, by Robert D. Bergan and Linda ~. Bergan, husband and wife, an ors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 13 80 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (65 I) 452-5000 TMS/cjh 3 EXHIBIT "A" TO EASEMENT AGREEIVIENT -. Parcel No. 7 Altema~ Two Robert D. & Linda J. Began PID: 25-009-2700 7 A strip, 60 feet wide, for permanent street and utility easement purp6ses over, under and across the following described property: That part of the Northwest ~,Qi~trter of the Southwest Quarter and the Southwest Quarter of the Northwest Qn_n_rter of Section 9, Township 116 North, Range 23 West of the 5~h Principal Meridian, described as follows: CommeilCing at the Southeast c,o~ of said Southwest Quarter of the Northwest Quarmr, thence North 69 degrees 42 minutes 15 seconds West, assuming the west line of said Northwest Quarter of the Southwest Quarter has a bearing of North 0 degrees 32 mlnlRes 39 seconds West, a distance of 978.50 feet; thence South 36 degrees 06 minutes 16 seconds West a distance of 18.77 feet; thence South 38 degrees 21 minutes 19 seconds East, a distance of 40.00 feet; thence North 69 degrees 13 minutes 44 seconds West, a distance of 283.38 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 492.43 feet; thence South'.71 degtv, es 39 minutes 26 seconds East, a distance of 131.14 feet to the point' of beginniag ofthe landto be described; thence continuing South 71 degrees 39 minutes 26 seconds East a distance of 486.30 feet; thence . North 10 degrees 46 minutes 16 seconds East a ~ce of 451.81 ~ thence North 71 degrees 39 minutes 26 seconds West a distance of 486.30 feet; thence South 10 degrees 46 minutes 16 seconds West a distance of 451.81 feet to the point of beginning. The centerline of said strip is described as follows: Commencing at the southeast comer of the Southwest Quarter of the Northwe~ Quarter of said Section 9; thence northwesterly at aa angle of 19 degrees 50 minutes 44 seconds with the ~zterly extension of the north line of the Northeast Quarter of the Southw~ Quarter of said Section 9 a distance of 1232.82 feet; thence southwesterly deflecting to the left 90 degrees mlnutes'00 secondsa distance Of 30.00' feetto the p0' int of beginning-of th~ centerline to be described; thence southeasterly deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 1236.50 feet to a point on a line 30.00 feet South of and parallel with said north line of the Northeast Quarter of the Southwest Quarter and there said centerline terminates. Together with a strip 10 feet wide, for pennaaent drainage and utility easement, which lies southerly of and adjoining the above described road. Together with a strip 20 feet wide, for temporary co~on ea.~ement purposes, which lies southerly of and adjoining the above deseribed road. Together with a strip 80 feet wide, for utility easement purposes over, under and across the above described property. The cen~r~e of said strip is described aa follows: 4 (Reserved for Recording Data) GRANT OF PE~ENT EASEMENT THIS AGREEMENT made this ~ day of ,2001, by and between BYRON .4. OLSON and MARY M. OLSON, husband and wife, hereinafter referred to as "Grantors", and the CITY OF CHANI-IASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". WITNESSETH: The Grantors in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the City, its successors and assigns, forever, a permanent easement for water and sanitary sewer purposes over, on, across, under and through the land situated in the County of Carver, State of Minnesota, legally described on the attached Exhibit "A". 94319 INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to |nsts[l, reinstall, inspect, repair, and maintain said water and sanitary sewer over, across, on, under, and through the permanent easement premises, together with the fight to grade, level, fill, drain, pave, and excavate the easement premises, and the further fight to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and : maintenance of said water and sanitary sewer easement. . The above named Grantors, for themselves, their heirs and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described permanent easement premises; that they have the sole right to grant and convey the easement to the City. IN TESTIMONY Wl~'~REOF, the Grantors hereto have signed this Agreement the day and year first above written. GRANTORS: 94:319 2 STATE OF MINNESOTA ) COUNTY OF CAKVER ) , _The foro~o~g ins~%unent was acknowledged before me this (~' day of ~ ~/~f ~ 2001, by Byron A. Olson and Mary. M. Olson, husband and wife, THIS INSTKUMENT WAS DRAFTED BY: CAMPBELL KNLrrSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 TMS/cjh NOTARY PUBIJC-MINNF. SOTA g 94319 3 Owners: Byron and Mary Olson PID: 25-009-0400 EXHIBIT 'A' TO EASEMENT AGRRRMENT Parcel No~ S A strip, 40 feet wide, tor water and sanitary sewer purposes over, under and across the following described pml:~'t7: ~ .. Beginning at the center of Section 9, Township 116, Range 23, Carver County, Minnesota; thedce West along the North line of the Southwest Quarter of said section a distance of 228.05 feet; thence deflecting to the left 49 degrees 15 mlnlRes a ~ce of 514.80 feet along the ~ly right-of-way line of State Highway No. 41; thence deflecting to the left 130 degrees 45 minutes to a line parallel with the North line of said Southwe~ Quarter a distance of 571 feet more or less, to a point on the East line of the Southwest Quarter of said section distant 390 feet South of the center of said section; thence North 390.00 feet to the point of beginning. The centerline of said strip being described as follows: Commencing at the south quarter comer of said Section 9; thence northerly along the north and south quarter line of said Section 9 a distance of 1641.86 feet; thence northwesterly deflecting to the left 78 degrees 25 minutes 44 seconds a distance of 9//.00 feet; thence northwesterly deflecting to the right 22 degrees 02 minutes 46 seconds a distance of 265.00 feet; thence northwesterly deflecting to the right 6 degrees 42 minutes 17 seconds a distance of 360.00 feet; thence northwesterly deflecting to the left 0 degrees 30 minutes 07 seconds a distance of 168.62 feet to the beginning of the centerline to be described; thence northeasterly deflecting to the right I/9 degrees 13 minutes 55 seconds a distance of 484.36 feet and there said centre terminal. 9Ot9 4 ASSESSMENT AGREEME~I~ City Installed Improvements THIS AGREEMENT dated the ~ day of ~__.., 2001, by and between the City of Chanhassen, a Minnesota municipal corporation ("City") and Byron A. Olson and Mary M. Olson, husband and wife, ("Owners"). RECITALS · Owners own the subject property described as follows: Beginning at the center of Section 9, Township 116, Range 23, Carver County, Minnesota; thence West along the North line of the Southwest Quarter of said section a distance of 228.05 feet; thence deflecting to the left 49 degrees 15 minutes a distance of 514.80 feet along the Easterly right-of-way line of State Highway No. 41; thence deflecting to the left 130 degrees 45 minutes to a line parallel with the North line of said Southwest Quarter of said section a distance of 571 feet more or less, to a point on the East line of the Southwest Quarter of said section a distant of 390.00 feet South of the center of said section; thence North 390.00 feet to the point of beginning, according to the United States Government Survey thereof and situate in Carver County, Minnesota. ("Subject Property"). · Owners have requested the City to install sanitary sewer and water to its property (City Project 00-01). 94~8 1 Owners have agreed to convey to the City as part of this agreement the easement over their property necessary for the project. Owners are entitled to compensation for the easement, which is being offset against the proposed assessment. Owners understand that in addition to the assessments set forth herein, Owners will be charged standard sewer and water hook-up charges and Metropolitan Sewer Area Charges (SAC) upon hookup to public sewer and water, respectively. Owners understand that this Assessment Agreement relates to the current use of the property for one single family home. If the property is subdivided, each of the future lots would be obligated to pay lateral connection and tnmk hookup charges for both sanitary sewer and water at the rates in place at the time the sutxlivision occurs. NOW, TI:I~.REFORE, the parties agree as follows: 1. Upon construction of Improvement Project 0041, the City shall assess a portion of the cost of the improvements against the property owned by Owners described herein. The assessments for trunk and lateral water and sewer will be in the total amount of Ten Thousand Nine Hundred Seventy-six and No/100 ($10,976.00) Dollars for the Subject Property. The assessments shall be spread over a fi/~n (15) year period with interest on the unp.aid balance calculated at eight percent (8 %) per annum. " 2. Owners waive any and all procedu~ and substantive objections to the assessments, including but not limited to, hearing ~ a~d any claim that the assessments exceed the benefit to the .Subject Property. The Owners waive any appeal rights otherwise available pursuant to MSA § 429.081. 3. Owners will execute and deliver to the City contemporaneously with this agreement the project easement, a copy of which is attached hereto as ExMbit ~A~. 4. Tree replacement will be in accordance with currem City policy. 5, Required notices to the Owners shall be in writing and shall be either hand delivered to the Owners, or mailed to the Owners by certified or registered mail at the following address: Byron A. Olson and Mary M. Olson 7331 Hazeltine Boulevard Excelsior, Minnesota 55331 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: 2 Teresa Burgess, Public Works Directnr/City Engineer City of Chanhassen 690 City Center Drive P. O. Box 147 Chanhassen, Minnesota 55317 IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. CITY OF CHANHASSEN By: Linda C. Jansen, Mayor By: Todd Gerhardt, Acting City Manager STATE OF MINNESOTA ) COUNTY OF ) The foregoing insmmaent was acknowledged before me this ~ day of ,2001, by Linda C. Jansen and Todd Gerhardt, the Mayor and Acting City Manager of the City of Chanhassen, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public STAT~ OF MINNF_~OTA ) COUNTY OF ~~'~' ) ~e forego~ ~~ent w~ ~owl~g~ before me ~ ~ ~y of ~~ ~/~ ~2~1, by B~on A. O~on~ ~ M. O~9n, h~b~ ~ ~e. THIS INSTR~NT WAS DRAFTF. r) BY: Campbell Kuutson Professional Association Suite 317 1380 Corporate Center Curve F_,agan, Minnesota 55121. TMS:cjh C 0F PO tlox147 (~~ Mim~t~ 55317 35Z93ZIgO0 952.937.5739 952.93Z9152 952.934.2524 unvmci, chan~.mn.~s . MEMORANDUM TO: Todd C~t, City Manager FROM: Tore, sa $. Burgess, Public Works Director/City Engine~ DATE: September 5, 2001 SUBJ: Approve Consultant Work Order and Authorize Preparation of Feasibility Study for Extension of W. 78th Street Project No. 01-14 Requested Action City Council is recommended to authorize preparation of a feasibility study for the extension of W. 78th Street and approve a consultant work order in the amount of $6,500 with I--Iansen Thorp Pellinen Olsoih Inc. (HTPO). Discussion The City has received a petition for consideration of eatension of W.' 78~ S/re~ to serve a new development. Two firms (see below) have worked on the BC 7 & BC 8 utility extension project which is in the same neighborhood and have built a r~lationship with that neighborhood. Quotes were solicited from both firms for feasibility study, dosign and plans preparation, and construction services: Todd Gerhardt September 5, 2001 Page 2 HTPO $69,500 Bonestroo $84,400 Selection was based on proposal cost only. While HTPO currently has a significant amount of work in the City, they have assured the City they can accomplish the work already awarded by the Council and this addition in the time frames required. Both engineering firms are qualified to complete the scope of work. The HTPO quote is broken down as follows: Feasibility Study $6,500 Plans and Specifications and $63,000 Construction Engineering Total $69~500 For purposes of the proposal, it was assumed that the road extension and extension of water and sanitary sewer along the same alignment would be built. In reality, it is expected that the scope of the project will be adjusted once the feasibility study is complete. If this occurs, the fees for design and construction engineering will need to be revised to reflect the change in scope. Attachments: 1. Proposal from HTPO. 2. Petition. C~ Matt Saam, Project Engineer Mahmoud Sweidan, Engineer Phil Gravel, Bonestroo & Associates Laurie Johnson, HTPO g:~engkpublic~01-14k~taff report-9-10-01 .doc Engineering · Surveying Landscape Architecture August 31, 2001 City of Chanhassen 690 Coulter Drive PO Box 147 Chanhassen, MN 553174n47 ( Attn: Teresa Burgess, Public Works Director/City Engineer Re: West 78m Street Extension Dear Teresa: HTPO proposes to provide professional services to the City of Chan_hassen for the West 78th Street and Utility Improvements consisting of surveying, engineering, and construction inspection/observation for the following fees: $ 6.500.00 $63,000.00 $69300.00 Feasibility study including analysis of street, stormwater management, watermain and sanitary sewer; cost estimates, preliminary assessment roll, project schedule, and right of way/easement. descriptions. This fee includes one (1) public information meeting, two (2) meetings with City staff, and attendance at one (1) City Council meeting, Plans and specifications including required topography, final design, wetland mitigation plan, permit applications, bid and construction administration, construction staking, inspection services and as-built plans and final assessment roll for the improvements. This fee includes one (1) public information meeting, three (3) meetings with City staff and attendance at one (1) City Council meeting. Construction inspection has been estimated assum/ng inspection time of 5 hours per day with a construction duration of 50 working days. Total Burgess/Johnson August 30, 2001 Page 2 The above fees include the approximate 1400 foot sanitary sewer extension to the BC-7 and BC-8 Trunk sewer. Wetland delineation and geotechnical services, will need to be provided by others. % The ab(~ve mounts are maximum not to exceed fees for the identified scope of work. Customary Reimbursable Expenses (printing, courier and other out-of-house services and documents) have not been included in the above fees, and will be passed on directly to you. Due to our background and knowledge of the overall area and established relationships with property owners, we feel that the City would be best served to select HTPO for this project. This project will require coordination with the current BC7 and BC8 in the location and size of the stub going south in order to work well for both Westwood Community Church and the future West 78m Street extension. It is HTPO's understanding that the Westwood Community Church may allow an easement for the sanitary sewer near the existing wetland/ditch which is near their proposed pond. The West 78m Street project, if it is deemed feasible and proceeds, would change the recommendation of the current Dogwood Road feasibility report. The potential for sewer at the West 78m Street location would allow for a central lift station to serve both Crimson Bay and Dogwood Road in the futur~, eliminating the need for double lift stations. Please contact us if we can provide you with any additional information. Thank you for the opportunity to work with you on this project. Sincerely, Hansen Thorp Pellinen Olson, Inc. Laurie A. Johnson, P.E. Principal LAJ:tv COFFMAN DEVELOPMENT SERVICES Aagust 15,2001 Mr. Matt Saam The City of Chanhassen ,, 690 City Center Drive ' Chanhassen, Minnesota 55317 RE: Feasibility Study For West 78th Street Extension Dear Matt: This letter is to request that the City of Chanhassen prepare a feasibility study for the extension of West 78th Street and analy-~ the potential for sanitary sewer and waer extensio~ as well, west from Highway 41 to the Brandt and Carlson properties on Dogwood Road. This mad extension will not only serve as a second access to the Bran& and Carlson properties, but will also serve Westwood Church's need for a second ~ point to Higl!way 41. Also, the Minnesota Landscape Arboretum may benefit from it's consm~on as to have access to their property from a "local" street as opposed to unsafe and difficult access points directly onto Highway 41 or State Highway 5. Finally, the entire Dogwood Road neighborhood may benefit from it's construction as it will serve as a looped connection for emergency vehicle use which has been of concern for many years. If you should have any questions or need any additional information please do not hesitate to call. Sincerely, President cc: Bruce and Sherry Carlson Dee and Peter Brandt John G-etsch Steve Lattu CeLt.. t~tz- zez-c~' CSFFIAN IEVELOPIIEIT SEe[ICES, INC. Il! WEST IITI STIEET · SIITE 251 PO BOX 231 · CBANBASSEli, lin 55317 PIINE: 152.674.78T'/· FIZ.- 652.I?4.TIT/ IINTERESTED PARTIES SIGNATURE NAME ADDRESS 7~7o ~ CTrYOF PO Bax I47 Minn~ts ~5317 MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manager · Teresa J. Burgess, Public Works Director/City Engm~-~ September 5, 2001 3529JZ1900 SUB J: Award of Bid for Meter Rep~ent Program - PW0240 952.93Z5739 Requested Council Action 952.93Z9152 Council is requested to approve the bid for meter replacement in the amount of $1,332,987.90 by US Filter. ~~t~ 952.9342524 Diseussi~n The City has received three bids for the Water Meter Replacement Program: Two of the bidders, Hydro Supply and Datamafi. 'c, did not bid the meters specified in the bid documents. Staff~ discussed these bids with the city attorney and Las been advised that these two bids cannot be accepted; however, the City can accept the bid from US Filter since it does' meet the sped.fieations in the bid documents. The bid advertisement was placed in the Construction Bulletin as well as the Chanhassen Villager. The Construction Bul/et/n is a national publication that many cities and other agencies use to advertise bid lettings for a variety of projects. A sample copy of the Construction Bulletin is available in the Engineering Department. US Filter Las submitted a bid of $1,332,987.90 for the project with 230 working days. The Finance Department Las reviewed the financing. The financial analysis showing that thc Utility Fund can sustain this investment is being completed and will be sent by e-mail on Friday. The City's estimate for this project was $1,267,701.45 based on a price quote received in February of 2001. The bid by US Filter is 5:1'5% higher than the City's estimate. Attachment: 1. July 18, 2001 Staff Report. c: Kelley Janes, Utility Superintendent · US Filter Hydro Supply Co. Datamatic GAENO~Water Met~r~aff~m~t-9-5-01 aloe CBI SEI P01~147 Cl.,anlauen, Minnesota 55317 P~nt 952.93ZI~ 9~.~3Z5~9 95293Z9152 B~g D~t ~ 952934.2524 ~b Siu TO: FROM: Todd Gerhardt, Acting City Manager Teresa J. Burgess, Public Works Director/City DATE: July 18, 2001 SUBJ: 'Approve Specifications and Authorize Bids for Water Meter Replacement Program - PW0240 It is recommended that the City Council approve the specifications and authorize bids for replacement of water meters and installation of radio read equipment. The number of units necessary has been estimated based on water billing information supplied by the City's Finance Department. The specification has been written to ensure compatibility with the existing system, but to still allow competitive bidding by allowing for alternate meters and radios meeting the City requirements if the compatibility problem is addressed. Using existing City staff to do the meter replacement would require sigrdficant overtime, therefore, the bid specification includes installation. This contract will accomplish two major goals for the City: 1. Improve meter read accuracy. 2. Reduce meter read time. As meters age, they nan slower. Mineral build up in the meter further reduces the accuracy of the meter. The older meters do not register all of the water passing through them. This means that the City is supplying more water than is being billed, normally without the property owner's knowledge. A review of the City's water production shows a significant loss of revenue. Increased meter accuracy has two effects: 1. The property owner is billed for all of the water used. , The property owner is aware of how much water is being used. This olden results in conservation efforts by the property owner. (One drawback of the meter change out is that many property owners are not aware of the amount of water they are using. More accurate meter reads will undoubtedly result in higher water bills for many properties in the City.) Todd Gerha,~t July 18, 2001 Page 2 The City currently uses a combination of radio, touch and manual read (similar to a car odometer). Touch and manual read have some major drawbacks that radio reads will eliminate: . An employee must physically touch the reader pad with an electronic reader or manually enter them on a keypad on the meter reader. Meter biBi~g in the city of Chanhassen is done on a quarterly basis. One-third of the city is red each month. The monthly reading requires approximately 1 FTE (full-time equivalent). Once the City has converted fully to radio read, the entire City can be red in approximately 4 hours. T~, reduction in stafft~me will allow the City to continue to operate with a small utility crew as well as improve the billing accuracy by insuring timely readings. 1 The reader pad is connected to the meter by a wire. Wiring the connection is a time intensive pm,ess. In addition, the wire is often damaged during construction or renovations done by the homeowner. The wire is not necessary for the radio reader. During_,old weather, the generaWr in the exterior manual read display could fail to register the signal from the meter in the house. It is common when the City does a final meter read for a home sale to find that a significant amount of water has been recorded by the house meter, but not by the exterior display. The radio reader is inside the home so it does not have the cold weather problem. 4. Property owners do not like the reader pad on the side of their home. There is no need for the reader pad with radio readers. A review of the revenue losses shows that the meter replacement will pay for itself in 4-5 years. While meter replacement will not e~m~nate the water loss, it will reduce the loss and increase the City's ability to pinpoint other losses. Attachments: 1. Bid Packet c: Kelley Janes, Utility Superintendent G:,~ENChWater Mu-ters~m~ r~:~rt-7-23-01.do~ CITYOF CHANHA EN PO ll~x147 C_~ Minn~ta 55317 952.93Z1900 952.95Z5739 952.93Z9152 952.934.2524 Web Sitt MEMORANDUM TO: FROM: DATE: SUBJ: Teresa J. Burgess, Public Works Director/City F. nE4n/.~ September S, 2001 Approve Change Orckn' for BC 7 & BC 8 Tnmk Sanitary Sewer Project No. 00-01 Requested Action City Council is recomnznded to approve a change order in the smnunt of-$20,000 for the BC 7 & BC 8 utility extension pwject. Discussion The contractor for this project has proposed directional drilling for the sanitary sewer insmllztion along Tanadoona. Directional drilling for sanitary sewer is not normslly considereA a viable option due to thc difficul~ in conlxolling the slope of thc pipe. However, in this case, thc contractor has supplied references of similar projects successfully completed by thc~ using this method. The pipe will be i]~spected by televising it (running a small carm:ra specifically designed for such work down the pipe to inspect for vertical and horizontal alignment as well as oltmr defects). The change order derails the tolerances that methods at no additional expense to the City if tolerances are not met. Thc chnn~e order is in the C/ty ~ for th~ followillg rcasolls: 1. Keduc,~ tre.~ loss and thfl~f-ar~ reforestation expense and env/m~ distnrban~. 2. Reduces the length oftkne ~ ~~ is &~ to ~ ~~ b~. , Eliminates a section of deep trench activity that was in close pro~mity to C~mp. Tanadoona. Trenches can be an invi6ng hazard for the public and e, sp~i~lly children. The proximity to a concenU-ation of children, such ~s that found at the C~mp and the nearby Long Acres neighborhood has caused concern for both City staff and the contractor. While not e 'lnninafing the potential hazard, this change will significantly reduce thc amount of trench ~na the length of time Matt Sa~m, Project Rngine~r Mahnmud Swcidan, Rn~neer Jay Raibash, HTPO CITYOF CHANII EN TO: Mayor City Council FROM: DATE: Bruce M. DeJon~ Finance Director September 6, 2001 SUBJECT: Approval of Bill~ The following claims are submitted for approval on Septembea, 10, 2001: Check Numbers Amount 1O6426-106585 $386,366.23 Total Claims $386,366.23 I recomm~d ~proval of all claims ss submitted. 101-0000-2022 101-0000-2026 101-0000-3301 101-0000-3301 101-0000-4901 101-0000-~901 101-1110-4360 ~zlhtp 101=1110-4370 LVJU3~ OF #INN~K~A CZTI~ CITY OF .O~,NZO~,BBBN=Pli'rl'Y CABR 101-1130-4040 101-/150 =4300 Consu/t tug 101-1160-4040 lGou~e FOI~ZB RElq~l~ 101-1160-4110 02£1ce fJu~ 101-1160-4110 ~tce 101-1160-4110 ~Elce ~ ~~ ~C 101=1160-4~0 101=1160-4220 S~tv Lie 101-1160-4220 101-1160-4110 101-1160-4703 0~ 101=1160~0~ 101-11~0-40~0 101-11~0-4110 101-1170-4110 ~ice 101=11q0-4110 ~ice 101=11~0-4110 Og~ice 101-11~0-~110 O~1~ 101-1170-4110 ~tce 8up 101-11~0-4110 ~tce ~ ~~ ~B 101=11~0-4110 ~tce 101-11~0-4110 ~ice 8~ 101=11~0-~110 O~ice 101-11~0-~110 ~lce 101-11~0-4110 Og~lce 101-11~0-4150 ~1~ 101-11~0-4]00 ~1~ 101-11~0-4~00 ~ult~ 101-11~D-4110 ~1~ 101-11~0-4~10 ~1~ 101-11~0-4110 ~1~- ~~z~ 101-1170-4~20 ~t11~teB ~~-~~ 201-~70=4320 ~ilttie~ 101-11~0-4~50 C1~ 101-~?D-4510 Police/Carver Co Co~tract 20/-1210-4040 Insurance De.c: ~/z~ 1~oventt~ &Admln 101=1220-4040 Znlur~nce FOR~Z8 ~l~ 101-1220-4120 ~p 8~ ~Y ~ 101-1220-4130 ~ip ~ ~ ~~LY 101-1220-4120 ~ip ~ ~ ~ B~Y 101-1220-4120 ~lp 8~ ~~ ~ 101-1220-4130 ~ B~ 101-12~0-41~0 ~'~ ~ 101-1220-4140 veh ~ F~Y~P~ ~ 101-~20-4140 Veh 8~ B~ PL~ ~~ 106555 ~ PB~4ZT, ~B~,IZ'I" VOZD~D 106545 ~ DRgCX31~ C3~CX-PZC21ZC 106555 RE:FOMD ~, ~~ 106514 ~~ 106476 ~~A~ 10655~ ~~X~ ~Ot~l 106503 M~4B~RSRZPI~R~ 106456 P. EIMBO~.9B ~ C]kHH Total Legimlaciv~ 0101493 08/15/200 32.00 08/23/200 200.00 0101493 08/15/200 741.75 435 08/24/200 36.60 0101811 08/20/200 3.S0 75643 08/30/200 7.64 1,021.49 090501 09/05/200 11,312.o0 090501 09/05/200 167.9o 11o479.90 106428 8B~v/'~4RRRDZHABILrl'Y ZNSORM~CB 08222001 08/31/200 74.30 106536 ~ R~C~'I'XOt~/BT 379639 08/30/200 71.76 x06512 ~ ~ 8785~5 00/25/200 4.08 106570 ~.T~~ ~ 082002 00/20/200 67.13 106469 ~~ ~ 089101 081911900 19~.00 106456 ~B ~ ~ 090501 09/05/300 105.00 ~ml ~B~rati~ 519.27 106428 S~ DI~ZLZ~ ~ 08222001 08/31/20043.31 ................. ~1 Fi=l 43.31 106451 ~Z~ OF ~ ~ 082801 08/28/20030.00 ................. Total 106428 E~~DXBA.BILITY ~ 08232001 106452 BC~.BBMOVEIUaAY ~R48294 106452 ~R, ~ ~7305 106452 ~;.n~~ ~9?55 106452 ~ ~T L~, ~F E~ ~ ~0445 106444 ~-ZT, ~~l ~ 150~99 106452 ~ ~T ~I71284 1065~0 ~.r~~ ~ 081001 106528 ~.~.~~ ~ 081~01 106512 9~~ ~786945 10645] 106461 ~ 30747756 10646~ ~E ~ 29415589 ~06428 8~no~n~ ~~ o8222oo~ 106576 p~ 747695 ~06457 ~z~ ~ 25501167 106457 O~I~ ~X~ 25476229 ~06568 ~, ~ 0~7673 106457 ~Z~ 8~PL~B8 25274669 106560 ~ ~ 107297 106457 ~I~ ~X~ 2S19~230 106457 ~z~ ~x~ 25323774 106457 O~I~ S~P~X~ 25323786 106568 ~ 0~1933 106457 ~I~ 8~P~ZBS 2541~870 106457 ~ ~I~ 25382426 106568 ~ 0~1394 106452 ~~~ B~455~2 106510 ~ ~~ 083101 106437 MIflC ~I~ 61943 106477 ~~ 083101 106548 ~~ ~ 12049077 106512 ~ ~ 8786~5 106509 ~~ ~ 082801 106570 ~ ~ ~u~ 082001 106515 ~ ~ 082801 106583 '~~ ~ 081701 106538 106538 ~ 63~3 106458 ~ ~ 5990 ~1 ~ty~ll ~int~e 30.00 08/31/200 18.43 08/31/200 21.23 07/31/200 11.oo 08/20/200 31.07 08/16/200 121.36 08/17/200 1,005.00 08/29/200 828.~8 08/10/200 8.19 08/18/200 54.24 08/25/200 7.54 07/31/200 109.69 08/16/200 101.18 08/17/200 77.49 08/30/200 3,287.67 ~r~te~ 5,682.27 08/31/200 13.27 08/23/200 413.01 08/27/2oo 103.18 08/24/200 7.72 08/17/200 25.75 08/10/200 30.30 08/23/2oo 121.5o 08/10/200 183.17 07/19/200 -3.77 08/10/200 -67.93 08/22/200 16.67 08/22/200 141.20 o8/14/2oo 67.93 08/22/200 3.07 08/28/200 1ss.is 08/31/200 6.18 08/27/200 844.78 08/31/200 225.05 08/03/200 251.42 08/25/200 7.54 08/28/200 84.42 08/20/200 30.60 08/28/200 63.50 08/17/200 2,503.82 08/31/200 26.63 08/31/200 2,170.07 08/27/~00 325.8s 7,758.21 106428 8KP'I'~4BIRDXBABXLrl~ ~.RBORAHCE 08222001 08/31/200 14.98 To~al Police/Carver Co Coatract 14.98 106428 8~ DXGABTT.X~"~ IRST:JJUU~:~ 08222001 08/31/200 42.36 106440 4 ~ 80~BEM~I3C)C~ 18001889 08/20/200 920.00 106501 RgI~BC~ZVE T~~B I)5003900 01/01/200 -106.97 106501 ~ ~ 967452 08/25/200 70.49 106510 ATX;IOG~ PUIU::21~B~8 083101 08/31/200 18.42 106523 FZ]WTAID BO~Zu~ 80053785 08/15/200 94.98 106431 RKZI,IBORSB Ex~mSB~ 082601 08/26/200 15.88 106469 RA'x-flucY 6357983 08/21/200 47.49 106557 HZIU~OIL8 100525 00/22/200 12.78 09/10/01 ]MLt~ s 09/05/01 'L'iBe s 12.07lin rc~ C2muh~m ]Tig~, 2 ~ ~,~iv veGdoz' Mmm ]lud)e~ ~3~m~Lc:e ~ i~mbe~ ])me Jmmm~ ~., FJ..-'I Pz-evm~t(m )1-1220-4140 Veh Bu~5) 14~mT.'rlg_ ~ ~ 106510 ~ ~ 08310~ 08/31/200 24.&2 21-~20~150 ~ ~tl ~ ~ ~y 10650~ ~ ~ 1~60~5 08/16/200 41.67 ~1-~20-42E0 ~1 ~X ~.~ ~ ~ 106510 ~ ~ 083101 08/31/200 ~4.58 21-~20~90 ~K ~ ~ ~06~9 ~X~ ~ 1~179 08/21/200 38.32 D1-~0-4290 ~lc ~ ~ ~~y 206501 ~~ 1065902 08/22/200 D~-~20-4290 ~K ~ ~ ~ ~ ~065~0 ~ ~ 083~0~ 08/32/200 9.33 D2-~20-43~0 ~1~ ~ ~8 ~06S?O ~ ~ ~ 0~00~ 08/~0/200 11.35 D~-~20-4310 ~1~ ~ 106~8 ~ ~ ~ 081801 08/~/200 ~.~ p1-~20-4310 ~~ ~ 1065~ ~ ~ 8TK~5 08/25/200 100.96 D1-~20-4310 ~1~ ~ K~B ~065T0 ~~ ~ 0~001 08/30/200 ~1-~20~320 ~Ll~e~ ~-~.~ ~ 10SS~ ~ ~ 0~80~ 08/28/200 ~-~20-4320 ~1~el ~ ~ ~ 10~55 ~~ ~ g9800801 ~/31/200 30.~ Dl-~20-43T0 ~~ ~ ~ 10~Tg ~~ 0~g01 08/29/200 24.00 ~1-~20-43T0 ~~ ~ ~ ~0~Tg ~ 08230~ 08/23/~00 T.23 ~1-~20~3~0 ~LG ~ g. ~ 10~6G ~ ~ 081401 ~/~4/200 15.00 .-~20-43TQ ~~ ~ ~ 106442 ~ ~ 08~01 08/~4/200 ~.00 )~-~0~370 ~~ ~~ 10S506 ~ ~~ ~ 08/27/200 ~OO.O0 -~20-4370 ~~ ~ ~ ~0~506 ~ ~ ~ ~~ ~/23/200 ~4.56 i1-~20~370 ~~ ~ ~ Z0~93 ~,~ ~~~ ~ 08/~4/200 ~.00 )~-~0-4370 ~~ ~ ~~ 10~91 ~ - ~ 08/2~/~00 35.43 ~20~370 ~v~ ~ ~~ ~0~3~ ~ ~ 08260~ 08/26/200 38.3~ 1-~ ~~ ~~~ ~06489 ~ - ~ 08/29/200 33.~7 ~-~20~S~0 Ve~ ~ ~ ~ ~0G5~Q ~- ~ 083~0~ 08/3~/200 55.~ .-~0~531 ~o ~ ~ ~~ ~ 10~36 ~~ 28~7 08/24/200101.i5 ................. ~ ~ ~ i~ 2,426.22 -].250-4040 Xnauzince /GR'L'Z8 B~IBlrZT8 106428 ~m~-m,m~DXGlB]~rL'Y ]]IGO~B~ 08222001 08/31/200 150.29 1-1250-4140 V~ ~ ~ ~ 10~81 ~ ~ 87~5 0~/01/200 37.59 1-~50-~10 ~1~ ~ ~ 106570 ~ ~ ~ 011001 08/10/200 2~.42 1-1250~310 ~1~ ~ 1065~ ~ ~ 8786~5 08/25/200 93.79 .250-&370 ~aln ~ ~ 10~90 ~ ~~ 08/21/200 34.00 ~ ~ ~~ 3&3.09 106428 8~T~4B~RDZB,M3]/,rl'Y J.m~ 08222001 08/31/200 7.53 106554 8i]kP B.T]IG/GBi~ 188925 09/04/200 13.53 106570 ~z~ ~ ~ 081001 08/10/200 96.16 1065~ ~ ~ 8786~5 08/25/200 26.20 ~06570 ~z~~ ~ 00200~ 00/20/200 3~.37 ..... ~ ........... ~ i~4ml ~1 173.79 0-4040 1-1320-4120 ~01-1320~0 1-~20-4~20 .01-1320-4~0 .0~-1320~0 1-1320-4120 .01-1320-4~0 .01-~20-4120 1-1320-4140 .01-~20~140 .~-1320-4140 -4140 .01-~20-4140 -~20~140 .01-1330~140 .01-~20-4140 .01-1320-4140 .01-1320~140 1-1320~140 .01-1320~140 .01-~20-4140 .01-1320-4150 .01-~20~150 .01-1320-4150 .01-~0-4150 .01-1320-4~0 .01-1320-4150 .01-13~0-4150 106428 I]~P'III~3Z~DZBJLB3Z,//~ Z)~Tnaim~Z 08222001 08/31/200 70.62 106570 Cg[Z,OZJLRPJg]IB ~ 081001 08/10/200 90.71 106439 C~LTA]LA~ ~ ~ 081701 08/17/200 ~.07 106570 ~~ ~ 082001 08/20/200 ~.33 106507 D~-~ &~ 083101 08/31/200 16.35 10~67 ~ ~ 171586 08/~/200 3~.23 106467 ~ 170998 07/27/2001,569.&1 10~67 ~ 172008 08/~/200 1,0~.SS 10~32 ~ ~~ ~ 3578 08/13/2003~.47 ~06S79 ~ ~8~ 08/09/20089.09 ................. 10~28 ~D~~ ~ 0~22001 08/31/200 110.V~ 106584 ~~~~ 81466 08/~1/200 813.13 10~02 T.~ 5~ 08/1~/200 38.~5 1065~ ~~ ~953 08/30/200 91.59 10~65 ~ ~~ ~ 4~31~ 08/08/~00 4~.~ 106565 ~, ~, ~, ~o~ ~53 08/~1/~00 56.06 106530 ~ ~ ~ ~2~38 08/23/~00 42.58 106~ ~~ 33~06 08/38/~00 106519 ~ ~ ~8570 08/13/~00 288.~ 106510 ~~ 083101 00/31/~00 214.~ 10~48 ~ 308~ 08/~/~00 36.~S 10~8 ~ 308538 0B/~/~00 34.53 10~441 ~ 300551 08/2~/200 S1.K 10~41 ~ 308~0 08/27/200 74.97 10~8 ~ 308559 08/2~/200 62.~3 10~B ~ 3~8~ 08/27/~00 52.07 10~48 ~~G~ 300590 0B/~/~O0 52.03 20~48 ~ 30~85 08/21/200 55.09 10~8 ~ 309953 08/30/200 3~.~6 10~34 ~ 3~ 08/28/200 158.6~ 106448 ~~ 30859~ 00/30/~00 ~0.V2 1065~9 ~ 45601 08/1~/200 163.09 1065~9 ~O~ 4~60 08/16/300 359.~ 1065~9 ~ 4~59 08/16/300 583.58 1~5~9 ~ &6665 08/3~/200 1065~9 ~ 46~ 00/30/200 ~59.~8 1065~9 ~ 46351 08/28/200 1065~9 ~ 46~4 08/~/300 257.~ 1065~9 ~ 46032 01/~3/200 D4~tf 8traet HaL~tenange 101-1320-4150 ~tnb ~tl ~ ~ ~ 106510 ~ ~~ 081101 08/31/200 26.77 10~=1320-4260 ~11 ~1 ~ZRZB ~ &~ 106535 ~~B~ 29311 08/30/200 ~77.09 101-1320~10 ~~ ~Z~ ~8 106570 ~ ~ ~ 081001 08/10/200 28.99 101-1320-~310 ~1~ ~&T~8 ~Z~ 106439 ~ ~ ~ 081701 08/17/200 53.07 101-1320-4310 ~1~ ~ 106512 ~ ~ 8q869~5 08/25/200 ~,OB 101-13~0-4310 ~l~e ~ ~Z~88 106570 ~ ~ ~ 082001 00/20/200 27.42 101-1320-43~0 ~Bv/~ ~ F~ ~Z~ ~ 106521 ~I~-~~n's 090401 09/04/200 ~0.00 101-1320-43~0 ~v~ ~ ~~ ~ 106521 ~Z~~ 09042001 09/04/A00 1~0.00 101-13~0-4410 ~t9 ~ ~~B ~ ~ 106550 ~ ~ ~ ~ 99680 09/01/~00 5~.50 101-1320-4560 St~ ~tnt ~ · ~ ~C 106~65 ~ SI~ 42745~ 08/31/200 96.~0 101-13~0-4560 Bt~ ~nt ~ · ~ I~ 106465 ~ 8~ 42744~ 08/31/~00 148.70 101-1320-4560 g~ ~tnt ~ F~ ~ 106465 8~ 42743~ 08/31/300 37.81 De, ti 8tr~at Lightin~ G SiGnals 101-1350-4320 U~tlttiam 101-1350-4320 U~tltttea 101-1350-4320 Otllitia~ 101-1350-4550 Nt~ g~ De~t~ City G~cage 101-1370-4040 Zneurange 101-1370-4120 Bqutp 8u~p 101-1370-4120 B~utp 8u~D 101-1370-4240 ~nigorms 101-1370-4248 ~nifor~m 101-1370-4240 ~nigo~l~ 101-1370-4260 SmBll Tool 101-1370-4250 Bm~11 Tool 101-1370-4310 Telepho~ 101-1370-4310 T~le~_hon_e 101-1370-4310 T~le~ho~ 101-1370-4320 O~tlltiea 101-1370-4510 B16g Haint 101-1370-4530 Rqutp ~aln Dept: ~lBnntg~3Xdm/nistratton 101-1420-4040 Inaurance 101-1420-4130 ~utp Sump 101-1420-4310 Telephone 101-1420-4310 T~leph~ne De~t: Senior Facility Ct~m~Lseion 101-1430-4040 In.urance Dept: Park ~L/zcLstration 101-1520-4040 Insurance 101-1520-4310 Telephone 101-1520-4310 T~lep~ 101-1520-4310 Telephone 101-1520-4370 Tray/Train De~t~ Retreat/on Center 101-1530-4040 lneurance 101-1530-4310 Telephone 101-1538-4328 U~il~timm 101-1530-4410 ~qutp Ra~t Dep~, Dance 101-1534-3631 101-1534-3631 101-1534-3631 D~m, Lak~ A~n Park 101-1540-4300 De~t~ Pa~kMatn~n~nue 101-1550-4040 101-1550-4120 101=1550-4120 101-1550-4120 101-1550-4120 101-1550-4120 101-1550-4120 101-1550-4120 101-1550-4120 101-1550-4120 101-1550-4120 101-1550-4150 101-1550-4150 101-1550-4150 101-1550-4150 101-1550-4150 Con~ultin~ HN~ gI,~"TR/C COOP HR ~ ~,I,~'I'RIC COOP KILLNRR ~LI~RIC CO ~t~l 8trHt 106522 ~i'~RICITY CT~RG~8 106583 BL~CT~ICITY C]~G~8 106523 V/~CTRICZTY O~ARGBS 106498 FIX CCH4D~IT/PU~L N~ WIR~ FORTI8 B~NgFIT~ 106428 LAB 8A~q~Y SUPPLY 106501 AMeRICaN 9~SUP. B, ~ 106435 ~ 106573 ~ 106573 ~-R~ ~ & ~P~ 106464 ~~ ~P~ 106460 ~~ ~ 106460 ~X~WX~ 106570 ~ 106528 ~I ~ 106509 ~~-~ ~ 106515 ~R ~ ~C 6~Y 106446 P~ ~ ~ 8~Z~ ~ 1065~7 ~ORTZ8 BENgFITS FRANKLIN COVEY VRRI ZC~ WIR~.~88 FORT18 B~N~FIT8 lq)RTl8 B~FZT~ NEXT~ 8PRINT PC9 VRILTZO~ NATIOH~L R~C & PARK ASSOC. FORTI B B~N~FIT~ VRRISO~ HIHM~G~I~(1) - 9.EhI MIT ~ I08 C~PITAL T~R~A LUKe4 H~8, YOUTH PHOGEAMS 6,313.50 082301 08/32/200 406.79 081701 08/17/300 178.01 082701 08/27/200 2,619.83 00184232 08/31/200 871.51 ~:~t-] 8tr~et L~g~L~ G Big&Il! 4,076.14 8BIvI'RNBRR DIBABI~ZTY I~ 08222001 08/31/200 67.35 ~ 81~ ~ 1020102 08/09/200 21.27 ~~ 34999 08/2~/200 31.90 8Hl~ 45857476 08/17/200 220.34 ~ ~I~ 45978219 08/21/200 191.17 ~ ~-BI~ 1049~ 08/30/200 150.00 OIL~ 208g02 08/09/200 26.28 ~h ~ 215361 08/24/200 121.46 ~ ~ ~ 081001 08/10/200 8.40 ~~~ 081801 08/18/200 9~.85 ~~ ~ 092801 08/28/200 6.29 ~~~ 91914926 08/24/200 35.24 ~P~R ~ ~ LI~ 182362 08/24/300 143.16 Total C/ty Gara~ 1,193.09 106428 8gPTI~IB~'R DISABILITY LNSURANC~00222001 08/31/200 68.27 106474 REFILI.~/SUPPLI~8 10114006 08/22/200 58.58 106570 ~~ ~ 081001 08/10/200 14.87 106570 ~ ~ ~ 082001 08/20/200 8.19 ~tal plying ~nlltratl~ 149.91 106428 BE~ DI~ILI~ ~~ 08222001 08/31/200 4.01 ................. ~1 8~Or Facility ~eei~ 4.01 106428 BB~DI~ILI~ I~ 0~222001 0~/31/200 22.52 106528 ~ ~ ~G 0~1801 0~/18/~00 53.14 106551 ~ ~ ~ 081701 0~/1~/200 3~.~9 106570 ~ ~ ~8 082001 08/~0/200 ~.19 106527 ~ ~I~TI~ 08/24/200 900.00 ................. ~til Park~,t~=L~ 1,01~.64 106428 8B~DI~IL~ ~ 08222001 0~/31/200 11.23 1065~0 ~h~ ~ ~ 081001 08/10/200 8.40 106515 ~ ~ 082801 0~/28/200 -69.63 106487 ~ ~ ~Z~ 52640364 08/24/200 204.4~ ................. ~21 ~c~t~ ~er 154.48 106566 ~E~ND - ~ 106562 ~ - DANC~ 106497 P~FUND - ~ TO~i Dance 106508 Lllq~llDll~] 8~RV/C~S 56683 08/24/200 70.00 56640 08/31/200 65.00 56641 08/21/200 65.00 200.00 08/23/200 22,791.63 22,791.63 PORTI8 BENBFZT~ 106428 8RPT~BER DISABILITY ZNBURANCB 08222001 HANCO CORPOgATI01~ 106482 IIlNER TI]BEB 178706 ~ MRDICAL 8~RVIC~ 106585 1STAID K~T FOR MAINT SH~D 54158626 t~ FARM ~TIPPLY 106572 CARB~ KIT, TANK ~ 79297 CH~ABU/I~DI31GC~lfl'~R 106453 P~IJ~RY/Q~ 220635 PRAIRIB ham &(~ 106535 AIR CI~, FILTRRI] 4741987 ~RAZP, IE hANN & (3~RDEN 106535 AIR FILT'~R~, F~ 28044 PRAIRIE LA~N & IIRRDEN 106535 TR/I~4RR LIN~, ECH(~4ATIC RHAD 28846 PRAIR/E ~ & ~ 106535 LIN~, BOLB PRIMER 29011 PRAIRIE ~k~N G GA~DEN 106535 BLAD~ 28427 ~.I~ZNB AI~ R~dU~RR 106510 ~ ~ 083101 ~ ~ I~ 1064~2 ~ ~ ~B 9949 DI~ ~ PAI~ 106462 ~I~ ~ZC PA~ 05019518 ~ ~ ~ 106510 ~ ~~ 083101 ~ B~I~ ~ 106453 ~ 502517 08/31/200 108.14 08/17/200 36.00 08/23/200 253.26 08/32/300 18.70 08/34/200 44.55 08/20/200 18.71 08/20/200 14.95 08/20/200 SS.SS 08/22/200 SO.40 09/10/200 50.74 08/31/200 17.26 08/15/300 74.s2 08/20/200 40.08 08/20/200 406.83 08/31/200 645.84 08/17/200 31.03 ~IVOXC~ ~ T.Tg2' BY ~ 09/10/01 DIJ:e, 09/05/01 ~uO~ 12: 071~ ot (32m2h&Blen ~3~ ' 4 G~, 01-1550-4240 nni£oz-ml (~r~E~'8 ~ & ~HIEE]~dJ 106480 H~L~J 3235 08/17/200 240.00 01-~550-4240 ~Lfo_yul MBRLZB8 ~ ~ ZOESZ0 ~ ~ 08~0~ 08/3~/200 288.~g O~-XS50-4300 ~t~ ~ ~ ~ ~G ~0~73 ~ ~ XOSSg 08/20/200 3.99 01-1550-4300 ~t~ ~ ~ ~ ~ 10~73 ~ ~~ 10001 ~/13/~00 5.70 01-~50-4300 ~~ ~ ~ ~ ~ X0~73 ~ ~ 100~0 08/~/200 S.?O 0~-1550-43~0 ~XW ~ 106~8 ~ ~ ~ Oe~O~ ~/~/200 35?.30 01-1550~00 ~~ ~ ~ ~ 10~86 ~ ~ ~ 5378 07/31/200 0~-1550-4520 V~ ~ ~~'B ~ ~ 106~75 ~ ~ ~ 935308 08/27/200 01-~550-4560 81~ ~ 8~ 106547 ~~ S~ 23437 08/10/200 239.63 0~-~550~560 8~ ~ BX~ z06~7 ~ ~ 8~ 23572 00/22/200 6~.25 01-~50470S ~ ~ ~ ~ ~ ~065~0 ~:- ~ 083~01 08/3~/200 ~607.75 HLllovueni~.z"l:y k1-1614-4300 O:Xm~Zt~ A TCXX31~I4RGXC )-4040 ,1710-3636 81 £81.1pisZ'C~ LT. HI)A ~fK~ Ym~.h .ix=t- .-1730-4300 106515 GLg C3GRIf3K8 082801 08/20/200 25.54 106583 BLIC~R3CZ'Af'(:~DLIU3B~ 081701 08/17/200 57.44 'Fc,UJ.~~ 82.98 106450 8~IZ0~]flK)~Cll 082901 08/29/200 45.00 ~ 81olo~Cttlz~oB r=~,r~ &5.O0 106428 8EFTBGIIRDZEABZLZ'TY JJUbwr. AJK~ 08222001 08/31/200 21.96 106510 Au~Ju2'~ 083101 08/31/200 S.68 106522 ErJC?~ ~ 082201 08/22/200 65.03 106522 E,ZC:T'~C:Z'~(::~LBCiBS 002701 08/27/200 18.74 106574 ~REDgpTImU,l~rF 08/10/200 93.28 '2'ol:lJ. l~t::Lcmi,zog:ruzl 2O4.89 106430 090501 09/05/200 255.00 255.00 106428 SEF'I~iZRDTn-UTT.T~IY ]]G'(IRAIIC2 08222001 08/31/200 5.49 ................. TOI:I1 Gol.C-fJ~lPz'Og:Llml 5.49 106504 BWI'I]iD - T.Z'2'L'r_,B ~ S6726 08/28/200 106549 ~, HOC3IY ~ Youth 81X:):rto 106532 1(~8(: uu~,v,.'r'm~ 106532 IGSC 10647O B3]J C2nkUl~ '1'O 40.00 40.00 08/23/200 4,264.00 4,264.00 083001 08/30/200 5.31 083001 08/30/200 5.31 17983& 08/3.5/200 236.00 246.62 /'u22G'L'oI:I3. 83,119.74 ~10-0000-4040 Xnluginge ~ WEMElfl"I'8 [10-0000-4300 Om/lultl~g 14088 & ~ 10G428 81~F~ltMll)ZS]U3I:L-TTY ~EJ~3RA]K:~082~2001 08/31/200 20.92 108534 /~IC3~SB~IBIGL 340699 00/20/200 90.00 ~ ~1.0.92 ll'undTot,Ul 110.92 l].1-2310-4040 XnlW:&nca IfORTX8 ~ Rt.to~l~ trot.rcm 211.2360-4040 l ~xlux'i~c~ 1-4370 TLIV/'2'LI.tn 106428 8~I'~BRDZS~B/LT'I~ ~ 08222001 08/31/200 8.&O 'FOt. Lt bcycling 8.40 106428 SIg'rmen DXf~n'rT.T'~ .L~UiJ3C~ 08~200~ 08/3~/200 5.~ 106517 '~ - 8~ 08/24/200 145.oo ~ ~r~4~ 150.~ ................. ~~ 159.34 106559 106559 106559 106541 BA.1FETYCRM~ BRAC~LrI'B 106511 681480 08/20/200 38.53 681178 08/16/200 19.04 883.541 08/21/200 6.82 96239 08/16/200 243.00 08/15/200 42.60 349.99 ]~nd~ 349.99 /HVOIC~ ~PR~ ?.1ST BY F~qD 09/10/01 ~ 09/05/01 ~ 12~0~ 400-0000-1155 DOv Tn~p 400-0000-1155 Der Tngp 410-0000-4120 EqUip 410-0000-4705 04:h Eq~/tp 410-0000-4705 ~ ]k~ttp Ftmd: MAY'~ Dept ~ 423 -0000-4300 ~ulttng 422-0000-4300 Oonsult tncj i~ud: Tt/ ~ 1 - ~ 1025 460-0000-4040 l~u:~t TAX ZNCR 3 - I~21HV~IH CO 490-0000-4040 Fundz T~ INCa 4- ENTEHTA/IH4ENT 8028 Depc: 491-0000-4804 Spec Afmt Dept: CrestvlewClrcle 600-6001-4751 600-6001-4753 Fund: C]~'1133~ BLVD (82HD N C(~L'I'~) ;MPC, 674-0000-4751 A]~JU~,D O0 FtmAt 8EWER &M~TERUTXLZTY FOND 700-0000-4040 lnlurange 700-0000-4120 ~quip B~ 700-0000-4140 V~h 8tt~ 700-0000-4150 14a:Lnt Ha~l 700-0000-4150 Hatnt I~Cl 700-0000-4150 Hatnt H~tl ?00-0000-4160 C~call ?00-0000-4160 (?h~mt~ll 700-0000-4160 C~call 700o0000-4210 BocCe/Per 700-0000-4260 BwIll Tool 700-0000-4260 Small Tool 700-0000-4300 Ccmsulttng 700-0000-4300 Conmulttn9 ?00-0000-4300 Con/ultin~ 700-0000-4310 Telephone 700-0000-4310 Telei~ 700-0000-4310 Telephone ?00-0000-4310 Tele~?~m_e 700-0000-4320 0~tltttel 700-0000-4320 Ol:lltttem 700-0000-4320 Ocilttiel 106518 106445 POW~L9 RI'DG~ APAR'I~(~TI~ To~al 103783 08/30/200 2,190.00 80788 08/23/200 222.00 2,412.00 Ftfl3d TO~al 2,413.00 106492 FA~ ~ 4239587 08/08/200 1,090.95 106472 14~/~[,M]U~I~ CCMTAZ~ 9945 08/29/200 15,151.50 106492 M~/,LJ40Q]~BRA(~'~ 42395872 08/08/200 144.90 ~1 16,387.]5 ................. ~~ 16,387.35 Q~0N~TR/X COHSU~TA~ GJ~TI~TX CC~OLTAh~ LNC 106475 PROI~SZOI~L 8~ZVICR~ 106475 iqtOi~88ION~J~ 8RRVI(~G Total 11628 06/14/200 2,216.07 12436 08/01/200 334.83 2,550.90 Fu//d TO~Z 2,550.90 lq)RI'IS ~FXTS 106428 8EI:vT~4BRR DISABXLXTY ~URARCg 08222001 08/31/200 0.00 Total 0.00 ~d~OtLl 0.00 106428 8KI~4J~R DISABILITY ~HS~.Ah~g 0822200108/31/200 0.00 Tota/ 0.00 Fund Total 0.00 .. · 106443EIR~T~ PAYM~ 081501 08/15/200- 15,74~.00 ................. Total 15,743.00 ................. Fund To~l 15,743.00 Ht~rCXPA~ ~ 8RRVIC~8 106525 CRKS'I'VIBW CIR 87 & UFZLZTY ]349 PAYR~33 09/04/200 6,784.78 106580 ~U~'I'VX]LM CX~J~L~ FX~ ~X~ 01240-00 08/21/200 14,986.82 ~1 ~at~ ~le 21,771.~0 ~ ~1 21,771.60 106500 C~IqTURY~VD 8Tg~RT I~4PROVE Total 2 08/30/200 146,722.22 146,722.32 Fu/ld TO~al 146,722.22 · 0~TXBBE~EFIT8 106428 MKRLI~ ~ HA~ 106510 (~30DYEAR BRAD RAgLaN TXJ~E 106478 NZ~~ ~~ 106513 ~~ & B~ ~ 106579 ~~~ 106510 ~I~ ~ 106483 ~WKX~ ~ 106483 ~l~ ~RI8~ 106463 ~ ~ ~ ~ 106473 W ~ I~ 106582 ~NB~ ~ 106510 ~ C~ ~ ~INIC I~ 106567 8~ 106543 ~~~TX~ X~ 106540 ~ 106528 AT&T gl~8 8~X~S 106439 ~ 106512 AT&T ~ ~E B~I~ 106438 ~~~IC ~P 106522 X~h ~ X~ 1065~3 8E~DISA,I~ZLZTY I~SURAI~C~ 08222001 AOG~ PURC~F~J 083101 ~RE8 221162 ABPHALT 89359MB J~P 45701 ADQUI~T I~IRCH~SBS 083101 8~1~ ~~X~ 373320 ~ ~/~I~X~C 375115 ~~ 3168186 FI~ ~P~ 10459 ~~ 368966 A~ ~~ O83101 ~~~ 2001 7856 SPR~FZ~ ~8. ~ ~ 78568 ~l~ ~ 641228 ~ ~ ~ 081801 ~ ~ ~ 081701 P~ ~ 878694~ ~~ ~ 082801 ~CI~ ~ 082201 ~ ~ 082801 ~~ ~B 081701 08/31/200 106.42 08/31/200 31.48 08/21/300 726.84 08/11/200 332.10 00/20/200 140.68 00/31/200 45.97 08/01/200 113.30 08/21/200 2,106.99 06/22/200 90.96 08/29/200 20.81 08/30/200 292.72 08/31/200 20.00 08/30/200 228.00 08/15/200 2,822.69 07/12/200 23.75 08/18/200 175.41 08/17/200 47.14 08/25/200 56.74 00/28/200 24.22 08/22/200 63.80 08/28/200 28.71 06/17/200 903,15 ~IVOXr'E APFBOVAT, X,.XG'2' BY' ~ 09/2.0/01 DBI:I: 09/05/01 · rtum, ~.2,07pB .......................................................................................................................................................... D0-0000-4320 Ot:Lltttel I~ ~ ~.,IC'X~XC OC)OP 1065~2 ~.,ICZ'~Cl'ZY OISLBQI8 082701 08/27/200 233.83 D0-0000-4330 Poar. J~ P0G"lI43kGT~ 106429 ~ ~ ~ 08.3101 08/31/200 858.74 :)0-0000-4340 2z'-'a.,-~:Lng (:MIHIEB 10644,9 Cg:BEFrJiI](:/~(BI' BQLLA'T'ZRr M]kQ~z'rm'u 182284,4 07/31/200 88.02 :)0-0000-4340 9z':LntJ.ng ~ 106449 CCHr'I'EZ]C'I~Cl ~ ~ 1831/23 08/09/200 88.02 :)0-0000-4510 B].4g I~.:Lnt MIRLZIi8 A(~ IIXIU:BGW~ 108510 Aum. m'-- ~ 083101 08/32/200 83.53 )0-0000-4530 ~]u.'Lp Mo:Ln IP~RS'I' ~ ';1ODR3LOQY 106471 ~PLAf~ r'T'D'_"_,L']: BQABZ)/r'n'rp8 BO4,8-84 00/03/200 4,174.64 :)0-0000-4530 BquXp ML'Ln 14ACQOI~I I:QO"~iq4~FF 106505 VAw.-u,~ TQRBfl & (2,AMP9 203.6316 08/33./200 317.37 )0-0000-4,550 Ncr ~ NI( (~J.X]IGIZ ~ 108582 P~SSORE (3aL[Eal8 147440-4 08/20/200 S".3.4 )0-0000--4550 Ncz: mays UW (aRA.TIlleR ]:NC 106582 ~ ~ 05083-~ 08/2?/200 29.30 )0-0000-4550 Ncz 8yl i)ARBOTT ~ ~IC 3.06533 VAT, VI ~ A~ ~ 01-179 08/22/200 3.,218.75 )0-0000-4550 Ncz 8)'1 BI _Lk~mT.TJm & ~ ]]lC 106579 mmm.u DX8908~., 454,63. 08/3.6/200 80.00 :)0-0000-4550 NC.F ~ I,Um.'r~ AC~ HXU~Un,~ ].06SX0 Au~lrr l, un~n.sB8 o833.Ol 08/32/200 25.98 )o-oooo-47os ah Iqu:Lp nn-r sYS'm~ 'm~Kx, cxaY 106471 ~ nUn~T~T,-dm~/,~r,Y no18831 o8/27/200 s,280.0o :)0-000o-47os 0t:12 Bqu:l.p ltrXRST ~ ~ 106471 9'm ~/d'OLY BO1883B 00/27/200 8,997.93. :)0-0000-4705 0~h ~qIJ.t.p lt'~RST ~ '~B(3DIOL(X]Y 106473. ~ J. Au-L'~fJC~I~ u-I]IB/d-OLY ~00678 08/2?/200 4,540.00 :)0-0000-4705 Otb Bqu:Lp NW OC)WTB(31 ASfK)CXA'r'IB ~IC 106583. ~ 4755.-425 08/27/200 853.06 )0-0000-4751 ~ (~0 ~ (X~'Z']3KaS, ~IC 106563 L~E ~ RlUbA,LV~D i,2Lurfl]u 7 08/23/200 20,643..00 !o-oooo-366o 8evlFCbJ i0-0000-3660 8ev~ C:hg ko-oooo-366o 88~ ~ i0-0000-3660 8eve= c318 ~0-0000-3660 8ov~ Cbcj !0-0000-3660 fJeu~ Chg t0-0000-3660 8evlz'Cb9' 10-0000-3660 Selt~z'Cbg i0-0000-4040 xnm3Funce 10-0000-43.50 I,IB~.uf= I~tl 0-0000-4300 C~nmLttXng 0-0000-4300 ()oumLltXng 10-0000-4300 Cf:mlu2ttng 0-0000-4370 Tz'mr/Tz"a:Ln 0-0000-4370 Tz'irv/1Tzl.'Ln MX(] Cf31FFBOL 5-8202-2024 Ply (3RAD331Q 124 BlCrOW Ply SS, 731.37 55,731.37 106449 (:I:IB"r~[]I:~(BI' BOLX,gT'J] Mil3~2.Rs 1822845 07/31/200 13.~.47 106449 ~(:~' BOLLi'TT~ M]¥3AZTmu 183:!.2.24 08/09/200 12.2.47 ~md Tota~ 224.94 ~ Hm, Q31QS~I 3.06459 . d]WI~RZ~'VKZ,OH4~I'F~ 3.06488 ALPH~ ]]lC 106433 0(:O'r~ & llX'18z ~ 3.06542 8"I"~I~IB'DtAHI3BLO 106553 ~~ ~ ~ 106S39 ~D~ 1065~6 ~ ~ 10~95 ~8 ~ 10~28 ~ G~ 10~ ~~~X[ 10~5 ~~~X~ 10~5 ~ ~ ~ 10~5 ~ ~X~ ~ ~ 106516 ~XBBX~ ~~ 1065~0 Ply ~ ](XTJXAII REIPI]ID qJvsy..vLYM~l~ 1026800 09/04/200 14.60 RK]q]ID - O~ER1)A.Y)I~T 3533401 09/04/200 4.55 ~ (Tq~BRI~LYJ(~I~ 24,06301 09/04/200 34.80 ~ - ~ 3501503 ~9/04/200 26.50 Rn,'mlD - UUl]rM. LL 3.492800 09/04/200 23.5.58 ~ - M~'t~iL nTT.T. 3636900 09/04/200 S.00 RnFmlD - WNr~.M:LL 1807200 09/04/200 39.94 ~ - WL-'~LR]~L,T, 3362400 09/o4/200 44.70 8n'TmBnDXnM~'~ ,.~uuKAm:~ 08222OO1 08/33./200 20.65 o3]o ~ ;=soz,u~(~ o9/o4/200 23.6.19 M]LqIR~ ]X]BI)]],~rE:f:~'~B 080787 08/23/200 680.00 LENnUm[L'~'~ou'r'r,~ 080785 08/23/200 218.00 RLOIPIP ~-,,K~, n"rr~l'l:~ 080786 08/23/200 240.00 8B(nlXIL - nag 09/04/200 75.00 ~ - H]~LK 09/04/200 50.00 ................. 1,885.51 FundToCa/, 1,885.51 5-8220-2024 Blcz'~ Ply 106496 ~IU:)SX(B' ~ REM]ID 8483J(ZB 09/04/200 S00.00 'X'o'cI.X B~08XCII' ~ 500.00 106556 B:BIPI]ID ~AD~I3~8OIOM TOt. L1 (mAD~IG 74702 09/04/200 S00.00 500.00 106426 ~ ~H(:~OW 1~/974 08/29/200 5,430.00 Tot,m/ Z,ICalkL 5,430.00 106577 ~ ~ DW/536 09/05/200 25,000.00 Totll ~ u~,xv~C~ ~ 25,000.00 ................. JPund'~o'cll 31,430.00 0-0000-2005 lfllx 0-0000-2005 IPllx 91&u 0-0000-2005 flex ~l~n O-0000-2OOS IP].ex Plm2 0-0000-2005 rXex p]Jn 0-0000-2005 IPXex Plan 0-0000-2005 l~].lx ,-2009 Def~ Comp ~-0000-2009 De~ Coq) :)-0000-2012 T.~te Tn.. Bi'TH HOXSgTH (:3n~8 'Z'H'D~fla~- ~PIT. ST k.L i.A.L D(BMIR T(M~ RB'I'XE~4~IT AHD ~ 383200-ffO)liW (3~0OP T.TIFB :I]18 106441 IFL,B]Cll~I.TaTH 106454 ~ 106499 JF~BX ~ 106529 106534 106561 106564 IFLEZ~'I~ 106485 1B~ PAY ]Ir 8E~'r-m,l~ l)llP 106531 B(913BIFCCMP-18TI~.Y 106569 D(P ~ CC)M9-15'1' PAY ~ 106427 ~T.TFI 09/04/200 97.44 09/04/200 269.61 09/04/200 52.08 09/04/200 48.00 09/04/200 217.39 O9/04/2OO 208.33 09/04/200 115.08 090703. .09/05/200 845.00 090701 09/05/200 255.00 090703. 09/0s/200 5,63.1.42 3832903. 08/20/200 48.00 7,767.35 Fu:12d ~ 7,767.35 ~IlVOT(~ ~ROVT~ T,TB~ BY ~ 0~/10/01 ~te: 09/0S/01 ......................................... ~e ~ 7 ................................................... ................................................................. ......................................... Q~a. zu]/"o'c~l 386,366.23 CHECK REGISTER REPORT BANK: CHANHASSEN BANK Date: 09/05/01 09/10/01 Time: 12: 09T:= ty of Chanhassen Page: 1 eck Check Vmndor tiber Dete Status N~m;13er V~r Na~e Check Description Nmunt 106/.26 ~/2001 Printed DANKAL DANIEL I(ALIO4AN REFUND ESCROIW ~0.00 1064.27 1064.26 1064.29 1O643O 106431 1064"42 106433 10643/* 1O6435 106436 1O6437 1O6438 106439 1064~0 1064~1 1064~2 106~5 106~6 1064A? l~g 106~50 106451 10645:~ .1O6453 :1O6454 .106~55 '106~56 ,~o~57 .106~58 ~o6~5e .106~61 .1O6462 '10~6~ 10646~ 1O6467 10646~ 106~71 !0~?~ 106~76 106~8~ 106~85 I064~66 !06~87 106~88 106~69 106~91 5106~97 08/31/2001 Prtnted 08/31/2001 Printed 08/'51/2001 Prtnted 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 0~/10/2001 Printed 09/10/Z001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Void 09/10/2001 Printed 09/10/2001 Printed 09/10/~001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Prtnted 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 0~/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 0~/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed 0~/10/;~001 Printed 09/10/2001 Printed 09/10/2001 Printed 0~/10/2001 Printed 09/10/2001 Printed 09/10/2001 Printed NCPERS 383200-NCPERS GROUP LIFE INS SEPTENBER LIFE INSUNANCE-ELECT 48.00 FORBEN FORTIS BENEFITS SEPTENBER DISABILITY INSURANCE 1,025.01 POST POSTNASTER UTILITY BILL POSTAGE 859.74 ATOU A TOUCH OF 14AGIC DEPOSIT-HALLONEEN ENTERTAINI4EN 255.00 ADRSEL ADR I ENNE SELB I TSCHKA RE l NBURSE EXPENSES 54.1 ALLSTE ALL STEEL PROOUCTS APRONS I~ITH TRASH GUARDS ALPTIT ALPHA TITLE INC REFUND OVERPAYI4ENT 3/,.80 ALTREB ALTERNATOR REBUILD CO ALTERNATOR 158.68 ANEPRE ANERICAN PRESSURE, INC TRIGGER GUN 31.90 ANCTEC ANC~N TECHNICAL CENTER BATTER%ES 101.85 APAGRO APACHE GROUP NISC SUPPLIES ATTAZ AT&T CONSUI4ER LEASE SERVICES TELEPHONE CHARGES 1/,.22 ATTIL AT&T I~IRELESS SERVICES CELLULAR PHONE CHARGES 111.28 BAYWES BAY 1WEST /* BALES SORBERT BOON HOISET BETH HO%SETH FLEX HEALTH BJGRE BJ GREER EHT TEST FEE 15.00 BLOCOI4 BLOOI4BERG CONPAN%ES, INC FIRST HALF PAYI4ENT 15,7/.3.00 BLUCCE BLUE OCEAN SOFTMARE INC TRACK-IT, STANDARD 141JI. TI USER 1~005.00 BONROS BONESTRO0 ROSENE ANDERLZK BLUFF CREEK HILLSIDE BORSTA BORDER STATES ELECTRIC SUPPLY FLUORSCENT BALLAST 35.2/* Void Ch~k 0.00 BOYTRU BOYER TRUCK PARTS #ISC PART 512.52 CAHNER CAHNERS CONSTRUCTION BULLETIN 14AGAZ%NE /*00.98 CART CART SENIOR EXPO TRANSPORTATION /*5.00 CARAUD CARVER CiXJNTY AUDITOR COPIES OF NNIE CHANGES 30.00 CDIWGOV CDIW GOVERNIdENT INC TONER CARTRIDGES 1,355.17 CHABUI CHASKA BUILDING CENTER WOOD 75.58 CHRTH% CHRIS THIBOOEAU-FEIST FLEX HEALTH 269.61 CHANHA CITY OF CHANHASSEN MATER/SEIWER CHARGES 30.91 CHAPET CITY OF CHANHASSEN-PETTY CASH RE[NBURSE PETTY CASH 272.90 COREXP CORPORATE EXPRESS OFFICE SUPPLIES 461.89 COUFLA C(XJNTRY FLAGS FLAGS, POLES 325.89 DANHEH DAN HENINGSEN REFUND OVERPAYI4ERT I/*.60 DELTO0 DELEGARD TOOL CONPANY ADJUSTABEL WRENCH 1/.7.7/* DELKAR DELL HARI(ETING LP NOTEBOOK PC 3°388.85 DIAVOG DIANOND VOGEL PAINTS k~HITE TRAFFIC PAINT /*06.83 DUSENT DLIB%SAR ENTERPRISES CLEARSHIELD CASE 90.96 DUNRIT DUNN-RITE SHOES & REPAIR WOJU( SHOES-SIEGLE 150.00 EARAND EARL F ANDERSEN INC SIGNS 330.04 EDIWCOP EDMARD J. COPPERtff4ITH ENT EXN4 15.00 ELI(RIV ELI( RIVER CONCRETE PROOUCTS PIPE 2,998.19 ERISMA ERIC SMANSON REII4BURSE EXPENSES 197.00 FACNOT FACTORY 140TOR PARTS CONPANY BATTERY /*?./*9 FZRSTU FIRST STUDENT INC BUS CHARGES TO 14ANKATO 236.00 FIRSYS FIRST SYSTB4S TECHNOLOGY PID INSTALL/SCADA JIJNFJJLILY 22,992.75 FLASAL FLANAGAN SALES INC BLACK END CAPS 15,191.58 F__nO~N_. E FOCUS ONE HOIJ~ PHOTO FIL/4 DEVELOPING ~6.20 FRACOV FRANK]. % N COVEY REF I LLS/SUPPL I ES 58.58 GEOCON GEOI4ATRIX CONSULTANTS %NC PROFESSIONAL SERVICES 2,550.90 GLECON GLENN CONSTRUCTION INC REFUND OVERPAYNENT GLEFLO GLENROSE FLORAL PLANT ImAINTENANCE 225.05 BRARAG GOOOYEAR BRAD RAGAN TIRE TIRES 725.84 GREHAY ORES HAYES FOOD 31.23 GREHO0 GRETELmS HOOPS & THREADS HATS 2/*0.00 HANCON HANCE COKOAN[ES #ISC PARTS 37.59 HANCOR HANCO CORPORATION INNER TUBES 36.00 HAWCHE HN~INS CHEH%CAL CHLORINE CYL/HYDROFLUOSIL%CIC 2,220.29 HIGTEC HZGH-TECH DIVING & SAFETY INC NICROPHONE ELEHENT 72.50 %CHA IGNA RETIRENENT AND TRUST 1ST PAY IN SEPT-EI4P DEF COJ4P 8~5.00 %NPPOR %NPER%AL PORTA THRONES PORTABLE TOILET RENTAJ. 3,466.15 IOSCAP IOS CAPITAL REC CENTER COPIER 204./*8 JASDEV JASPER DEVELOPI4ENT CORP REFUND - OVERPAYI4ENT JASSCH JASSEN SCHNEIDER NEALS - CLASS 33.17 JEFKEO JEFF KEOGH ZNSP LUNCH #TGS ~.00 JESSCH JESSE SCHNEIDER FOCO - CLASS 35.43 JHLAR JH LARSON CO,ANY I~ALL 14(XJNT BRACKET JOEBER JOE BERG NATmL ENERG TECH TEST FEE 15.00 JOEBO0 JOEL BOOIN SUNP PLNP RESOLUTION 216.19 JOSSTA JOSEPH STASNEY REFUND - MATER BILL JRSPO0 JRS POOLS EROSION ESCItOI/ REFUND 500.00 JULZEN JULIE ZENANICK REFUND - DANCE 65.00 CHECK REGISTER REPORT BANK: CHANHASSEN BANK Date: 09/05/01 09/10/01 Time: 12:09pm City of Chadnaaaen Page: 1 Check Check Vendor NL~ber Date Status NLm~ber Vendor Name Check Description Amount 106498 09/10/2001 Printed KILELE KILLMER ELECTRIC CO INC FIX CONDUiT/PULL NEW WIRE 871.51 106499 09/10/2001 Printed KIMMEU KIN MEUNISSEN FLEX DAYCARE 52.08 106500 09/10/2001 Printed KUSCON KUSSKE CONSTRUCTION COMPANY CENTURY BLVD STREET IMPROVE 146,7~2.22 106501 09/10/2001 Printed LABSAF LAB SAFETY SUPPLY SAFETY CAN 120.20 106502 09/10/2001 printed LANEOl LANO EQUIPMENT LINE 38.85 10650] 09/10/2001 printed LEAMIN LEAGUE OF MINNESOTA CITIES MEMBERSHIP DUES 11,312.00 106504 09/10/2001 Printed LiNCOR LINDA CORNELISON REFUND - LITTLE ROLLERS 40.00 106505 09/10/2001 Printed MACEGU MACGUEEN EQUIPMENT VACTOR TUBES & CLAMPS 317.37 106506 09/10/2001 Printed MARLIT MARK LITTFIN FO00 FOR FIRE BOARD MTG 114.56 106507 09/10/2001 Printed MATSAA MATT SAAH DINNER-SAAH & HELSETH 16.35 106508 09/10/2001 Printed MCES MCES, YOUTH PROGRAMS LIFEGUAROING SERVICES 22,791.63 106509 09/10/2001 Printed MCI MCI WORLOCOM TELEPHONE CHARGES 90.71 106510 09/10/2001 Printed MERACE MERLINS ACE HARDWARE AUGUST PURCHASES 3,283.23 106511 09/10/2001 Printed METTEN METRO TENT RENTAL INC REPLACEMENT ROPE 42.60 106512 09/10/2001 Printed METROC METROCALL PAGER CHARGES 299.93 106513 09/10/2001 Printed MIDASP MIDgEST ASPHALT CORPORATION ASPHALT 332.10 106514 09/10/2001 Printed MIKSCH MIKE SCHMIDT REFUND PERMIT 36.60 106515 09/10/2001 Printed MINNEG MINNEGASCO-RELIANT ENERGY GAS CHARGES 203.16 106516 09/10/2001 .Printed MINERO MINNESOTA EROSION CONTROL ASSN SEMINAR - HAAK 75.00 106517 09/10/2001 Printed MINLAN MINNESOTA LANDSCAPE ARBORETUM CLASSES - SINCLAIR 145.00 106518 09/10/2001 Printed MINPIP MINNESOTA PiPE & EGUIPMENT CHIMNEY SEALS - ROSEWOOD 2,190.00 106519 09/10/2001 Printed M[NSEE MINNESOTA SEED SOLUTIONS GRASS SEED 288.27 106520 09/10/2001 Printed MISCOR MISSISSIPPI CORRIDOR CLUSTER SEMINAR - HAAK 50.00 106521 09/10/2001 Printed MNFALL MN FALL MAINTENANCE EXPO REGISTRATIONS 190.00 106522 09/10/2001 Printed MVEC MN VALLEY ELECTRIC COOP ELECTRICITY CHARGES 3,408.02 106523 09/10/2001 Printed MOOMED MOORE MEDICAL FIRST AID SUPPLIES 94.98 106524 09/10/2001 Printed HOSBAR MOSS & BARNETT FRANCHISE RENEWAL 90.00 106525 09/10/2001 Printed MUNCON MUNICIPAL CONTRACTING SERVICES CRESTVIEW CIR ST & UTILITY IMP 6,784.78 106526 09/10/2001 Printed MURKHA MURSHID KHAN REFUND - WATER BILL 39.94 106527 09/10/2001 Printed NRPA NATIONAL AEC & PARK ASSOC. CONF REGISTRATIONS 900.00 106528 09/10/2001 Printed NEXTEL NEXTEL CELLULAR PHONE CHARGES 858.18 106529 09/10/2001 Printed NiKDUM NIKK% DUMMER FLEX HEALTH 48.00 106530 09/10/2001 Printed NORTHE NORTHERN RATCHET TIE DONNS 117.10 106531 09/10/2001 Printed ORCTRU ORCHARO TRUST CO. EMP DEF COMP-lST PAY IN SEPT 255.00 106532 09/10/2001 Printed PAPWAR PAPER WAREHOUSE MISC SUPPLIES 10.62 106535 09/10/2001 Printed PARCON PARROTT CONTRACTING INC VALVE REPAIR AT APPLEBEES 1,216.75 106534 09/10/2001 Printed PAUEKH PAUL EKHOLM FLEX DAYCARE 217.39 106535 09/10/2001 Printed PRALAW PRAIRIE LAHN & GARDEN PC~IER BLOWER/SCABBARD 667.45 106536 09/10/2001 Printed PROSTA PRO STAFF TEMP RECEPTIONIST 71.76 106537 09/10/2001 Printed PUNMET PUMP ANO METER SERVICES INC REPAIR AFT WEAVER LIFT 143.16 106538 09/10/2001 Printed RBMSER RBM SERVICES INC CLEANING 2,196.70 106539 09/10/2001 Printed RESDEV RESIDENTIAL DEVELOPMENT INC REFUND - WATER BILL 5.00 106540 09/10/2001 Printed ROARUN ROADRUNNER TRANSPORTATION INC DELIVERY CHARGES 23.75 106541 09/10/2001 Printed SCOTT SCOTT & ASSOCIATES, INC. SAFETY CAMP BRACELETS 243.00 106542 09/10/2001 Printed $COFLO SCOTT & DENISE FLORA REFUND - OVERPAYMENT 26.50 106543 09/10/2001 Printed SEH SEH SPRINGFIELO PRESS. ZONE STUDY 2,822.69 1065~4 09/10/2001 Printed SHE'NIL SHERHIN WILLIAMS BLACK AREOSOLS 119.87 106545 09/10/2001 Printed SHIHEL SHIRLEY HELLNER RETURN OEPOSIT CHECK-PICNIC 200.00 106546 09/10/2001 Printed SHOTRU SHORE~ TRUE VALUE TARP 31.94 106547 09/10/2001 Printed SlGNSO SIGNSOURCE DOG ORDINANCE SIGNS 891.88 106548 09/10/2001 Printed SIMPLE SIMPLEX PHOTO DETECTOR iNSTALL 251.42 106549 09/10/2001 Printed SKYSPR SKYHAt,q(S SPORTS ACADEMY BASKETBALL, HOCKEY CAMPS 4,264.00 106550 09/10/2001 Printed SOUSAL SO~JTHHES? SALES AND RENTAL POgER SOO CUTTER RENTAL 57.50 106551 09/10/2001 Printed SPRPCS SPRINT PCS CELLULAR PHONE CHARGES 33.79 106552 09/10/2001 Printed STAHEA STANDARD HEATING & AIR COND. REFUND OVERPAYMENT 7.64 106553 09/10/2001 Printed STEOAN STEPHEN O'ANGELO REFUNO- WATER BILL 215.58 106554 09/10/2001 Printed SUBCHE SUBURBAN CHEVROLET SNAP RING/SEAL 13.53 106555 09/10/2001 Printed SUBEXT SUBURBAN EXTERIORS INC REFUND PERMIT, PERMIT VOIDED 77'5.75 106556 09/10/2001 Printed SUPHOM SUPERIOR HOHES REFUND GRADING ESCROW 500.00 106557 09/10/2001 Printed SURPLU SURE PLUS MANUFACURING COMPANY MIRRORS 12.78 106558 09/10/2001 Printed TANREN TANK RENU-RADIATOR WEST FUEL TANK LINER 74.44 106559 09/10/2001 Printed TARGET TARGET PHOTO DEVELOPING 102.71 106560 09/10/2001 Printed TECGRA TECHNAGRAPHICS BUSINESS CARDS 121.50 106561 09/10/2001 Printed TERBUR TERESA BURGESS FLEX OAYCARE 208.33 106562 09/10/2001 Printed TERLUK TERESA LUKEM REFUND - DANCE 65.00 106563 09/10/2001 Printed TMICOA TMI COATINGS, INC LAKE LUCY RESERVOIR PAINTING 20,641.00 106564 09/10/2001 Printed TOOGER TOOD GERHAROT FLEX HEALTH/OAYCARE 115.08 106565 09/10/2001 Printed TOLGAS TOLL GAS &WELOING SUPPLY VALVE, LENS, CLEANER, MARKER 56.06 106566 09/10/2001 Printed TRABEN TRACY BENSON REFUNO- OANCE 70.00 106567 09/10/2001 Printed TWICIT TWIN CITY HATER CLINIC INC HATER TEST FOR AUG 2001 128.00 106568 09/10/2001 Printed USOFF US OFFICE PRODUCTS PENS 45.49 106569 09/10/2001 Printed USCM USCM OEFERRED COMP EMP OEF COMP-IST PAY iN SEPT 5,611.42 CHECK REGISTER REPORT BNII(: CHUIHASSEN B/~K Date: 09/0~/01 09/10/01 Ttme: 12:l)gpm ~ of chanhaaaen Page: 2 .~k Check Vendor ~er Date Stature Ncm~ber Vendor Nmne Check D~crtpttm A~t 09/10/2001 Printed VERIZO VERIZON WIRELESS CELLULAR PHGNE CHARGES 528.5:3 09/10/2001 Printed VICREP VICTOR]A REPAIR & NFG ALIJ4INUN PLATE 91.59 I~ 106571 1065~ I~ I~ 106576 106577 106579 I~ 106581 106582 09/10/2001 Printed ~IACFAR I~ACON]A FARH SUPPLY CARBURETOR I(IT, TANK VENT 18.70 09/10/2001 Printed ~IEARGU klEARGUARD $WO~K SHIRTS 411.51 09/10/2001 Printed WENBER WE#DY BERKLAND #ILEAGE RE%HBURSEHENT 93.28 09/10/2001 Printed WICLTD W]CHTERHA#mS LTD %NC REPAIR SEAT COVER 177.~ 09/10/2001 Printed W[LPAP WILCOX PAPER COHPANY PAPER 41:3.01 09/10/2001 Printed WITCON I~ITCHER CONSTRUCT%GN CO REFUND ESCROU 25,000.00 09/10/2001 Void Void Check 0.00 09/10/2001 Printed I~lUE k~! HUELLER & SONS IIJC BLACKTOP 2,878.74 09/10/2001 Printed IWSB ~ & ASSOCIATES INC CRESTVIEW CIRCLE FINAL DESIGN 14,986.82 09/10/2001 Printed IWIWGOE WW GOETSCH ASSOCIATES INC PUNP 853.06 09/10/2001 Printed k'JGRA k~/ GNAINGER INC LOCI(X3UT TO0~ BOX 273.16 09/10/2001 Printed XCEL XCEL ENERGY INC ELECTRICITY CHARGES :3,6~2.42 09/10/2001 Printed ZARBRU ZARNOTH BRUSH WORKS INC STRIP BROOH/GUTTER BROOH 81:3.1:3 09/10/2001 Printed ZEE]~ED ZEE #EDICAL SERVICE 1ST AID I(IT FOR HAINT SHED ?.53.26 Total Checks: 160 Bank Tote[: 386,366.23 Total Checks: 160 Grand Total: 386,366.23 CHANHASSEN CITY COUNCIL WORK SESSION AUGUST 27, 2001 Acting Mayor Labatt called the work session meeting to order at 5:30 p.m. .o (~:OUN(~ILMEMBERS ~: Acting Mayor Labatt, Councilman Ayotte, Councilman ~ and Councilman Boyle ~FI'AFF P~: Todd Gedmrd~ Mark Litffin, Bruce DeJong and Teresa Burgess FIRE DEPARTMENT UPDATE. Mark Littfin: Good evening. I'll give you just a quick fire clep~ane~ update. Again my name is Mark Littfin. I'm the F'u-e Marshal and one of the assistant chiefs. We kind of rotate with the gcnfl~ once or twice a month here. Just a couple quick updates. The ambulance will be moving into the new facilRy on September 10~. They've got slated for the move. They'll be moving out of Station ~ In the last week or so Waconia's been putting in. Acting Mayor Labatt: I thought they weren't going to move until... . Mark Littfin: They can pull out and access it. We've checlu~d with MnDot. Acting Mayor Labatt: Give them an address and then... Mark Littfin: Yeah, they can kind of go around the barricades and we checked with MnDot to see if that was okay with them and they said yeah so we'll have to kind of look at that. Acting Mayor Labatt That doesn't give... Mark Littfin: Yeah, so we've been putting in cabinets and counter tops and we've got some furniture and there's a few things they'll leave at Station g2 once they move out. I think they'll be replacing carpeting at their expense for us and so we'll be seeing how that works. That should be, then we'll see how that works as far as us responding to most, a lot of calls in town here. If we'll cut back or kind of tone it back a little bit. Acting Mayor Labatt: Is that September 10~ Mark Littfin: Yeah, fireworks and that kind of stuff. I don't know what they'll do. Todd Hoffman: Bonfir~ Mark Littfin: Have a bonfire. So that' s, we're excited about that. Large calls, the only recent larg~ call we've had is we were over at Eden Prairie at the house explosi.'.'on a week ago Saturday. They called us mutual aid for a ladder truck so it wouldn't spread. It was in a qnsd townhouse unit so that was kind of interesting seeing something like that and experiencing that so. City Council Work Session - August 27, 2001 Acting Mayor Labatt: What caused that, was it gas? Mark Littfin: Yeah, looks like it. Acting Mayor Labatt: Gas line? Mark Littfin: No, it definitely wasn't that but they've had problems in the past with smelling gas from time to time and a lady was burned there previously, a couple weeks earlier from, she lit her cigarette. Had a flash in her house and got burned. And then she had been living with her son or relative during her healing process and when she was gone the thing decided to blow up on her so. Councilman Ayotte: That was a long term, a long, long time. Mark Littfin: Yeah. Councilman Ayotte: And have they figured out why they were unable to detect it? Is there any? Mark Littfin: We haven't heard the reports but what we do know is if there's, for example if there's a leak out in the street and as gas will migrate through the soil to foundations, it's odor will stay behind so you're getting unodofized or deodorized or you get gas with no smell...can come out as the gas vibrates through the soil so it can get into the house if it' s out in the street and it' s a following a path along the pipe. I'm not saying that's what happened but that can happen and does happen. Particularly if they don't smell gas, there can be gas in there. Councilman Ayotte: Will there be a report? Mark Littfin: Boy, Minnegasco will get one to Eden Prairie and we can certainly follow up so at a later meeting we can, if we have any insight too, we can certainly pass that onto you so. Other calls, we've been up to Lake Minnetonka. We've had 4 calls up there. They've had some boats sink and they call us for our Hazmet trailer. We have containment booms and divers to assist is necessary so. Excelsior's called us twice and so has Mound Fire, St. Boni. Acting Mayor Labatt: Was it muskrats? Mark Littfin: I don't know. One last fall was muskrat. Carsons Bay the boat just sank. They don't know why or I didn't hear why. Another one, the guy just bought it on Friday. It sank on Saturday and he said well that's fine. I'll go out and buy another one. He could care less. Acting Mayor Labatt: He's the one that lived in St. Boni, right? Mark Littfin: That was the'Minnetrista, yeah. Minnetonka Bay had a fuel spill. They don't know where that happens so we're getting up there quite a bit. Our Firefighter I class, which we're doing in-house is about halfway done. We've got 7 people in that class and we also have firefighters from Shakopee, Carver and Victoria. Our Open House is slated for Sunday, October 14~ from 1:00 to 4:00. That's usually a huge event. And the week prior to that is when we do our Fire Prevention Week with the schools and the kids and we'll mn about 3,000 kids through fire prevention activities at the station so. Some schools walk over. Some we bus in. Councilman Peterson: How many? City Council Work Session - August 27, 2001 Mark Littfin: 3,000 kids. We'll do 2"" and 3"~ graders. They all come to the station. We kind of have them rotate from station, for different scenario at the station so, you know you're more than welcome to stop in anytime and kind of see what we do. We have a lot of fun. We have a lot of firefighlers that volunteer to do that. We'll have upwards of 30 people that will take vacation, a couple days off. One guy will take a whole week off so we're very fortunate to get that kind of response from our firefighters. The 800 radio system. The sheriff's office has been testing me with the sheriff ~~. We'll probably have access to some new radios in the fall that we've kind of statt~ playing with them. In 2002, at our option we'll be able to get into the system if we want, but more of a rr~md~tc~ry migration will be somewhere in 2003-2004 so sheriff's office has it now. They're going to work the bugs out and then we'll see how the capital budget does with buying these radios and mobiles so. There's a presentation at the Carver County Fire Chief's Association is going to go to the County Board and see if they can get County Board to give some money to buy initial 2 or 3, 4 radios for each fire depamnent and then after that we're kind of on our own, and they're expensive radios too. We're working on our budget for operating capital so we'll be presenting that to Todd to present to you here shortly so we're sharpening our pencil on that. Acting Mayor Labatt: Do you anticipate any equipment? I can't reined... Mark Littfin: Capital things that we're looking at, and it's got to get through Todd first but things this year we're looking at, our SCBA equipment, our air tanks to get OSHA compliant with filling these, we have to get a blast containment type of a system so we hook the tanks up. If they do explode, it's not taking out half the station. Some SCB updates and that' s around 8 grand. We're looking at some money and putting it back into the fire station. I think there was $30,000 on CIP on that. The CIP things for 2001 are on schedule. We're actually coming offpretty good on that stuff. On some of the items. Other CIP items that stand, we usually try to budget $10,000 a year for turnout gear and hose. . Acting Mayor Labatt: Do you recall what year was your...boat? Mark Littfin: We bought the boat back iff late, 80ish. 80's. Acting Mayor Labatt: Yeah, we had a new boat in the CIP. Do you know when that is? Mark Littfin: We're putting one in and I don't want to speak for the dive team and the fire boat at this point because we're throwing around a few different ideas for a boat. The zodiac discussion has come up. It' s a little bit more diver friendly for getting divers in and out of water. We're looking at one type of a zodiac pontoon boat. They're almost 20 grand so it's kind of scaring us a little bit. Or even something not unlike a pontoon that is more diver friendly, but we're still working at our end of it for someone to present so. Right now we're kind of looking at the second boat to keep at the other station and use as something more diver friendly to get in and out. I think we're also putting in some more money for some dive, additional dive equipment which-the Fire Board's reviewing at this time. And I think there's also going to be a third thermal imaging camera now. We've got 2 and there will be a third, and we use that quite a bit. Cku'rent ~g level, we have 41 members. We have 2 on active leave and we have ? on probation. Their probation will be up June of 2002 so we see how they do in their first year and if they pass Firefighter I and past muster and they haven't done any bad things so. Calls year to date, as of Sunday we're at 533. Last year at this time we were at 460 so we're about ?3 ahead of last year. 2000 and 1999 figures are about the same so we're very, we're climbing quite fast over 2000. Councilman Ayotte: Because? City Council Work Session - August 27, 2001 Mark Littfin: Population, rnedicals. We do break it down and what I'll do is for the next council packet, we break our calls down. What type of calls we have in a month. I should have made copies for everybody but 60 plus percent of our calls are medical related. We've had a few fire alarms this month. A couple of carbon monoxide alarms. A couple gas leaks. We're getting a lot more mutual aid calls from other communities. Week before last we were out 4 times. We were at Mi-netonka, Eden Prairie, Mound, Excelsior, so we're, we have an unusually high year for mutual aid calls. And those, they can be expensive calls because it's a lot of personnel over a long period of time. Councilman Ayotte: What do you guys think? Do you think it's a trend that's going to continue? Do you think it's something you have to address in any particular way with do an analyst or it's just tough luck? Mark Littfin: The fires that we've been called to, let's see Chaska had a couple of bad fires this last winter. They had a fatal in a couple house fires. Minnetonka's been having 2 or 3 large house fires that we were called on. A lot of these are during the day when their daytime resources are getting limited so we're getting out during the day and then if we empty our city out, we have to call another city but we usually keep a command officer in town and a minimum crew to get out for medicals and we adjust accordingly so, but this is an unusually high year for mutual aid calls. It's just, there's big fires around us. Murphy's Landing. The hotel fire in Eden Prairie last June. Councilman Ayotte: So you're viewing it as a hiccup right now? Mark Littfin: I'm hoping that's what it is. But we've never seen this like in the past. Acting Mayor Labatt: ...I said we need to wrap this up guys: We can sit here and talk fire all night long if you want. The finance guy's... Mark, I've got a quick question. What are you using for the Fire Station g2, when the ambulance comes out, what are you going to put in the bay out there then? Mark Littfin: We'll just move the one truck up so we've got elbow room to walk around, because.right now when the rescue truck is there and the ambulance, it's bumper to bumper like this literally. This is going to give some breathing room. And they'll get their station back to sit and relax and watch TV or have a cup of coffee instead of coming in when they're napping or sleeping or something so they're looking forward to getting it back. Councilman Ayotte: Thanks a lot. Acting Mayor Labatt: Finance guys. 2002 BUDGET DISCUSSION. Todd Gerhardt: Honorable Acting Mayor, council members, included in your packet...I just want to kind of go through the packet that Bruce handed out to understand what some of the items are. The first item is the Minnesota Department of Revenue. This is payable 2002, overall levy limitation. This is the limitation that the State has placed on us this year. That would be $6,689,004. That's the maximum you can levy for 2002. Just wanted you to reference page 2, the detail of alternative levy on the next page. Bruce, do you want to explain your $5,600,000 on the bottom? City Council Work Session - August 27, 2001 Bruce DeJong: Ye, ah. The $/5,600,000 is what I was afraid of last year. That they would not allow us to go off of our 2000 levy limit with the normal increases but they would put it back to exactly what we had levied before, and luckily we dodged that bullet. You can see that bullet was almost $1.1 million so it's, our levy limit is up there. We have plenty of room above where we're levying right now. Plenty of room above anything that we would contemplate levying next year under the levy limit. Todd Gerhardt: And then the next pages are just definitions to each of the line items. As you move to the available cash and surplus versus potential commitments, Bruce has put together basically your . available cash. Councilman Peterson: What page are you on now? Acting Mayor Labatt: Is that 4 or 5(d). Cash definitions? Bruce DeJong: Yeah, af~ page 5. The first one afl~ that. Councilman Peterson: Now I lost you. Bruce DeJong: On the green thing that I handed out. Councilman Peterson: I missed it then. Fm looldng at everything you gave me. Councilman Ayotte: It's in the council packet. Acting Mayor Labatt: The envelope that was delivered is what it was in. Councilman Peterson: When was that delivered? Friday? Bruce DeJong: I got an extra one. Todd Gerhardt: So did you see this Craig before7 Councilman Peterson: No. Todd Gerhardt: Okay. Let's go over page 1 again~ If you go to the very top of this Table 2002, Overall Levy Limitation for the City. That's $6,689,004. That's what the Department of Revenue is telling us, that's the maximum we can levy. And Bruce highlighted on the bottom of page 2 the $5,600,852. That was kind of our fear last year is that they would limit us to that amount. Councilman Peterson: Got it. Todd Gerhardt: Then we're going to go the page aflex page 5 and this will take us through the available cash and some of our current deficits. Bruce DeJong: This is just an update of the same sheet that you saw last year, for those of you who were here last year, which I guess is 2 of you. I don't know if you saw that or not Bob but last year we had a list of what the potential available cash sources were, which led to some discussion about really what is potential available cash and what isn't. And I've updated that with the amounts that are current based on the information that I had sent out to you in the packet. So the amount that's available, and City Council Work Session - August 27, 2001 actually I added some money out of the utility fund. The Council does have discretion over the utility fund and has the authority to transfer money in and out of there to the general fund or other areas as they see fit. So out of the roughly ooh boy, I'm not even sure what that cash balance was in the utility fund. $5.8 million maybe. I just kind of arbitrarily put in a million dollars, but the others are real actual dollars that are available based on the council's desire to transfer them for any particular use. Councilman Boyle: You mean the utility fund is not real actual dollars? Bruce DeJong: No, it is real dollars but it's not really undesignated in the same sense that the others are. The others, the closed bond fund, we had talked about earlier taking that money and using that as a revolving fund for projects that are small enough that you don't really want to bond for but yet people want to pay them off in special assessments. Something like this Quinn Road deal. Where you've got $20,000 worth of a project. You certainly can't bond for that and the people don't want to pay it all at once. They want to put that on and specially assess it over 8 years like you do with other projects so how do you finance that kind of thing? Kind of a revolving improvement fund is a great way to do that. So that's one of the things we talked about, but you could certainly transfer that closed bond fund money anywhere. The net capital replacement fund, because you can see that on that sheet we've got some mis- codings that I have to go in and correct but net available is about $270,000. Now that is kind of earmarked for spending on capital projects on basically equipment replacements. You know trucks, mowers, computers, .that kind of stuff and we can either choose to bond for those things or we can pay for them with cash. This cash is available to do that. The utility fund, certainly there's money available there that the council could transfer at their discretion, but we do have a lot of projects scheduled for that fund in the capital improvement plan so that means that you may have to bond for a higher debt level there if you choose to transfer those monies out. Historic preservation trust fund is at the current value. We're certainly applying for another grant to the tune of about a million and three-quarters. We've talked to you about that already. Councilman Peterson: And we think that's coming. That's not included in here, right? Bruce DeJong: That's not included in here but we think that's coming. Certainly last.year they knocked us down by about 40% over what we thought was coming, due to some technicalities of, until we actually get the check in our hands from the Department of Revenue, we're never really sure. Councilman Peterson: Will we know that prior to the budgeting? Prior to the final levy limit? Bruce DeJong: In previous years we've found that out kind of at the end of November. Councilman Peterson: So the answer is yes. Bruce DeJong: So the answer is probably yes. Councilman Peterson: On the potential cash available, have you, is our operating, our mandated operating amount in here or out of here? We have to keep a minimum of, what is it $200,0007 Bruce DeJong: Per policy. Councilman Peterson: You know what I'm asking? City Council Work Session - August 27, 2001 Bruce DeJong: Yeah. If you compare that with the fund balance that's shown on the next page for the general fund, there's 4.85 million dollars in as a fund balance fight now. That's not far offso what I did was I took the tax levy that we had presented last time, which was the 5.37 million of projected tax levy, divided that in half. Subtracted it from the amount of fund balance that's currently available and said that there's $2,051,000 surplus above and beyond that at this point. So our policy amount is reserved but this is available. Then just running through the others, you know there's some, we're still looking for that debt study information from Mark Ruff but he's been tmable to get some information from Carver County so he's still awaiting that before we can update that and see exactly where we should be funding those deficits from. But those are actual deficits in those debt service funds that need to be closed out at some point here. So you've got those. You know that's almost $900,000 worth. There's a deficit in the McGlynn TIF district. Right now we talked about that. Last time that we need to be able to pay that deficit up and close that fund out. There are no other funding sources. That's going to have to be coming out of fund balances from one of these available cash sources. We also have the. Councilman Peterson: What's the timing on those, on the TIF deficits? What year do they have to be done by? Paid, our deficit covered. Bruce DeJong: Well I think that we need to pay it off when the bonds are retired and we still have 3 years of payments on those bonds. Councilman Peterson: On all of them? On all, on number 1 and 2? TIF 1 doesn't have 3 years left, does it? Bruce DeJong: Yes it does. The last payments on TIF District 1 are in February 1't of 2004. So we still have 3 years. Councilman Boyle: That's $712,000...what is that? Bruce DeJong: The TIF District 2-1, which is the McGlyan District, had. Councilman Peterson: That's the Carver County issue. Bruce DeJong: That's the Carver County issue. You know they're saying that we shouldn't have received any increment in 1998 because the TIF district should have been de-certified on May 24m of '98 and we're saying yes we are entitled to those funds and disputing that but if we lose and it's you know at Carver County right now and they're asking for us to pay the money back, we may go to a lawsuit and we may have to pay it back. Councilman Ayotte: Do we know, do we have a response to that 1~? Have we gotmn any feedback yet? Todd Gerhardt: I can't talk about it here. We'd have to go into a closed session to discuss that. It's a pending lawsuit. Councilman Ayotte: Okay. Bruce DeJong: So anyway you've got your worst case where we have to pay it all back. Your best case where we don't have to pay anything back and that may fall somewhere in the middle. Then the remaining debt service payments on TIF District 2-1 are, they're outlined in your schedule. I think that's City Council Work Session - August 27, 2001 debt service 1347. But in some of the information I've given you earlier. Then you go to TIF District 1, I've kind of updated the projections that Ehlers did last year based off of some estimates that we'll receive about 30% less increment in that district for the life of the district if that' s tree, and we can collect the increment and pay off the debt like I'm hoping, then we'll be down with about a million 9 deficit. If we can't and you know that kind of depends on the State Auditor's office interpretation of the accounting issues involved, then it's going to be someplace around $7.6 million that we're in deficit. When the Brown and C-'ds lawsuit actually I just talked to Tom Scott and he said that is settled. That's something that they got settled right before Scott left, and I guess I had missed that, but he said he thought it was going to cost us about $20,000 so he's going to check on that and get me some figures back. Todd Gerhardt: The best case would be $20,000. Bruce DeJong: Yeah. So best case is about $20,000. So the bad news is that, and actually if you get a million three-quarters, that means they could potentially be someplace here of about a half million dollars short of the worst case and you could potentially have up to 4.2 million dollars available at the end of 2004 if none of these dire consequences come to fruition. So I don't know where that leaves us exactly. Councilman Peterson: Lower the levy limit. Bruce DeJong: What Todd and I have kind of talked internally about what we should do and one of the things that I thin we're going to recommend to you, tell me if I'm speaking out of turn, is at least transferring out of the general fund on an annual basis an mount sufficient to cover the debt service for the McGlynn TIF District. That's a little bit over a million dollars over the course of this year and next year and the following year. It seems to me that you should try and match up one time expenditures with one time revenues, and that's kind of where our general fund surplus is. We've got some excess money there above and beyond our fund balance policy. It's kind of one time revenues in the sense that we did much better than we expected in building permits the last couple of years. That's where the majority of the fund balances come from so let's match that up with some one time expenditures that we don't want to levy tax dollars for. And our choices are either find somebody to pay for those bonds as they come due, or put a tax levy out there, which is always possible but I don't think there's going to be much enthusiasm for that. Councilman Peterson: And the opposing view of that would be, not to get into last year's conversation but you could use, depending upon what we end up looking for the needs for the year, you could use that general fund dollars to offset any levy increase that may be necessary too. I mean that goes back to last year's Compensation 101 but. Bruce DeJong: Yeah, but it's a philosophical issue and that's why I think we, as you know your help are trying to say in this case one time revenues that came in better than expected, let's use them for one time expenditures that have a definite time period and try and lay that out. And from a recommended management standpoint, they recommend that you match up annual operating expenditures and annual operating revenues and then that's where we had the conversation last year so. Todd Gerhardt: And you don't have another revenue source. I mean you're going to have your options other than using cash is to look at combining it all and refinancing a little package and then levying another general fund expense against that. So that would be your other alternative than using cash. The other Bruce I was going to ask here, the potential...cash. If for some reason we do end up selling the bowling alley or the land on West 79th Street, is that considered in any of these or is that... ? City Council Work Session - August 27, 2001 Bruce DeJong: Selling the land on West 79"' would be part of this downtown TIF district. And I think that based on the legislature's change in the law, that that's considered TIN revenue and so that has to go into the downtown TIF district. So that would potentially reduce that deficit, but it's not going to be available cash. Councilman Peterson: Will it reduce the deficit dollar for dollar? The sale price? Bruce DeJong: Yes. The land sale on West 79~' and the sale of the bowling alley will reduce the life of the entertainment TIF district I think. You know we'd be able to close that dis~ct out early, rather than being available in cash. Todd Gerhardt: We didn't use the increment there. We borrowed increment from the State. Bruce DeJong: Well that's possible. I don't know. I haven't researched the issue well enough so I could definitely say. Todd Gerhardt: Yeah, if it was an obligation someplace else where we borrowed it from. We'll have to look into those too. Councilman Peterson: So what I'm hearing you generally say is that from a cash position we're looking relatively good. Bruce DeJong: Yes. Councilman Peterson: If not very good. Bruce DeJong: Yeah, you know but that's hanging my hat on some accounting definitions that nobody else is willing to step up to the plate with. Councilman Peterson: I'm not with you. Acting Mayor Labatt: But that on-hand cash, does that t~ke into consideration wanting to keep on the books one-half of the city's operating expense? Bruce DeJong: Yes it does. Acting Mayor Labatt: That does keep that in the money. Is that separate from what this figure is here? Councilman Peterson: That's my earlier question. He's already taken that into'consideration. Bruce DeJong: Yeah. So this amount from the general fund is above and beyond your policy. Acting Mayor Labatt: Okay...to Craig, I think it's bea~ than good. Bruce De.Tong: Yeah, so we are sitting well. Councilman Peterson: So my argument last year has some merit, at least my speculati~ of, at least I'm not a goat. City Council Work Session - August 27, 2001 Bruce DeJong: We still love you Craig. Acting Mayor Labatt: Okay, what else? Todd Gerhardt: We handed out some proposed cuts for the 2002 budget, and we also gave you an estimated revenue and expenditure sheet which takes into account these cuts. With the available time, did you want me to go through each? Acting Mayor Labatt: No. I want to just kind of look at them real quickly and I wonder if we could maybe at the next council meeting, if you could almost attach some sort of justification to why you think this would be, to cut this out. I'm looking at some of these you know closing the Rex: Center on that one day would save $5,000, but what's the down side to it? You know program supplies for $500 from the senior center. What are we going to cut and what's the affect on it? I mean that's what I'm just looking for. Maybe if we just send back that to the staff to say... Councilman Peterson: Yeah, I mean the intent for my request for this was not that we implement these but we look at those and justify each one within it's own merits so it all depends upon where we're at with the levy. With other city costs, etc, etc and my hope is we don't do any of these. Acting Mayor Labatt: If you look at cutting the mileage reimbursement by $1,000 by saying well maybe we budgeted too much. We can safely cut some of... Todd Gerhardt: We sat down With each department and these were some of the ones that we could really probably live with with the exception of the municipal code update. But we will get you...that didn't make any sense like sending your repairs to this building and not just paying your... Acting Mayor Labatt: Like turning the street lights off in the median. You know are we charging downtown? Todd Gerhardt: Yep. We've done it a couple of times and we think we could live with that because there' s an outer ring of lights along the sidewalks and we typically shut them off during the winter time when we put the Christmas lights up facing the middle a little bit more. So I think we're going to lose much because you're got so much daylight during the summer period. We'll put a why and a what for on that. Acting Mayor Labatt: Good. So what's the status. Teresa Burgess: ...Todd, I'm sorry. Actually if you drive that, they're offright now. So that tells you how many people notice it. Acting Mayor Labatt: Okay. Teresa Burgess: We shut them down just to see. We did it last year also. We received a couple of calls just asking if those were out. They were off. I think they were off for about 4 months this winter. We shut them off when we put up the lights for Christmas and we just didn't turn them back on... Bruce DeJong: So just so you understand what we've done here with this new budget worksheet that I handed out tonight. Those cuts that are listed on the sheet are put into the recommended columns so you 10 City Council Work Session - August 27, 2001 can compare the expenditure difference when you get down to the end or you can take a look at each individual department and see what kind of a difference it makes. Todd Gerhardt: And that's that bonding information. Craig had asked for... That was our last bond sale in June. Acting Mayor Laban: Okay. Acting Mayor Labstt aO~ourned the work session meeting at 6:5 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim .. 11 CHANHASSEN CITY COUNCIL REG~ MEETING AUGUST 27, 2001 Acting Mayor Labatt called the meeting, to order at 7:00 p.m. The meeting was opened with the (~X)UNf~N1.MEMBEI~ PRESENT: Acting lVLayor Labatt, Councilman ~ Co~ Ayotte ~ Councilman Boyle COU~CILM~MBEI/~ ABSENT: Mayor Jansen ~TAFF PRESENT: T~id ~r~t, Ro~r Kn~ T~a Bur~s,-Bm~ I~on§, K~ ~ Bob Generous, Julie Hoium~ and Todd Hoffrnan_ PUBLIC PRF~ENT FOR ALL ITEMS: Deb Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive Sherry Ayotte 6213 Cascade Pass PUBLIC ANNOUNCEMENTS: .- -. Acting Mayor Labatt: Okay under public announcements we have one statement that Craig wanted to make. Councilman Peterson: Mr. Mayor I would like to make a motion on behalf of the council that this evening we approve an appointment agreement dated on the 27a of August between the City of Chanhassen and what will be the newly appointed City Manager, Todd Gerhardt. Acting Mayor Labatt: Any other thoughts or comments? Councilman Ayotte: Second. Councilman Peterson: Thanks for your comments Bob. Councilman Ayotte: When can we eat the cake? Acting Mayor Labatt: Okay, so if I can then have a motion on this employment agreement with the City of Chanhassen and Mr. Todd Gerhaxdt. Councilman Peterson: So moved. Acting Mayor Labam Is there a second? Councilmen Boyle: I'll second. City Council Meeting - August 27, 2001 Councilman Peterson moved, Councilman Boyle seconded to approve an City Manager Employment Agreement dated August 27, 2001 between the City of Chanhassen and Todd Gerhardt. All voted in favor and the motion carried unanimously 4 to 0. Acting Mayor Labatt: Motion passes. Congratulations Todd. Now we're going to take a quick recess and have cake and celebrate Todd' s appointment so Bruce, if you would. Where did Bruce go? There he is the cake cutter and this is not normal but. The City Council took a short recess at this point in the meeting. CONSENT AGENDA: d, g, h, j~ n. Resolution #2001-50: Reject Bids on Construction Contract for Quirm Road Sanitary Sewer Project 01-02. Resolution g2001-$1: Approve Resolution for Support for the Establishment of CSAH 15 from CSAH 14 (Pioneer Trail) to CSAH 18 (Lyman Boulevard). Big Woods on Lotus l_z_ke; Coffman Development Services: 1) 2) Final Plat Approval Approval of Plans & Specifications and Development Contract .Resolution g2001-52: Accept Utility Improvements in White Oak Addition, Project 00-10. Resolution g2001-53: Accept Streets & Storm Sewer Improvements in Marsh Glen, Project 00- 06. Resolution g2001-54: Approve Change Order Request from TMI for the Lake Lucy Water Reservoir, Project 00-02. Approval of Bills. Approval of Minutes: - City Council Work Session Minutes dated August 13, 2001 - City Council Minutes dated August 13, 2001 Receive Commission Minutes: - Planning Commission Minutes dated August 7, 2001' - Park and Recreation Commission Minutes dated July 24, 2001 Approve Amendment to the Planned Unit Development Agreement to Allow Decks to Encroach 12 feet into the Required 30 foot setback, Chaparral 2"d and 3~ Additions. Resolution g2001-55: Resolution in Support of Grant Application for Congestion Mitigation Air Quality (CMAQ) Grant Funds, Southwest Metro Transit. All voted in favor and the motion carried unanimously 4 to 0. City Council Meeting - August 27, 2001 APPROVAL OF SITE PLAN REQUF_~T TO CONVERT AND EXPAND A SELF CrAR WASH ~TALL 'IQ A TQI~I~'H-FREE CeAR WA~H~ AND A VARIANCE 'lQ ~ IMPERVIOUS SURFACE COVERAC~E AND SETBACKS; 7901 GREAT PLAINS BOULEVARD~ RON BROWN~ BROWN'S CAR WASH. Acting Mayor Labatt: I had pulled that for separate discussion. I just met v~ith the applicant and Mr. Generous. It relates to under the items under the recommendation number 11 where the, discussing the curb cutting. And the applicant, when he looked at it he informed me that the entrance is not wide enough for, to allow large vehicles to come in and make the angle into the wash gate so if we could have him discuss it or Bob, if you'd like to just ~ to everybody. Bob Generous: Thank you Mr. Mayor, Council members. Item 11 was actually recommended for deletion by the Planning Commission because of the expansion of the serf-serve car wash, the entrance is closer to the street and so the existing curb line people would have to make a sharper curve in there. However in staff reviewing that after the deletion we discovered that the proposed driveway width would be 52 feet under the proposed plan and city ordinance says that it should be 36 feet. So we went back with the original recommendation to leave that in because it was a deviation fi'om our standards. However like I said, the Planning Commission did recommend that that item be deleted. They were cognizant of the larger vehicles in the community may have a difficult time making it through that touch free car wash. Acting Mayor Laban: Okay. Well this picture here Gary is showing the curb, this curb in the plan actually comes out like this and the problem was these cars can't make this sharp turn there. But you can have Gary, can you go over that blueprint so we all. Ron, I'm sorry. Gary's your d~d- And if you could just state your name. Ron Brown: Yeah, Ron Brown, 8102 Dakota Lane representing Brown's Car Wash. 'This curb cut here,. this is Great Plains Boulevard. This is West 79'~ Street. This line right here is the existing curb line. This is the proposed wash bay. Right in about here there has to be a box where you insert your money or your 'token. So you come in with any vehicle right here, it would be real tough to position your car, well which is that long, within this area. Planning Commission saw this. They suggested we do away with that curb cut altogether. Make it a straight line. Make it easier and safer for people to enter. The distance between the curb lines as they sit today are 36 feet and what we want to do is get rid of this, that brings it to 52 feet wide. Acting Mayor Labatt: Does anybody have any questions? Councilman Ayotte: I still want to get back to Bob, your reaction to it is? Bob Generous: Well, we were following the ordinance requirements. The original proposal was trying to preserve some of the green space and so however we are, as part of the applicant they are providing additional landscaping around the site so there's a trade-off, you always have. From a circulation standpoint he's probably correct, it will work for the larger vehicles a lot better than keeping the curb cut in. Councilman Boyle: Makes sense to me. Councilman Peterson: Well it will work better for the smaller vehicles too so all the way around. City Council Meeting - August 27, 2001 Acting Mayor Labatt: So I guess what I would recommend is that we approve this deleting item numb, er 11 in it's entirety. Councilman Peterson: I agree. Acting Mayor Labatt: Okay. Is that okay with you Ron? Ron Brown: That's wonderful with me. Acting Mayor Labatt: Okay. So if I could have a motion and a second then. Councilman Boyle: So moved. Councilman Ayotte: Second. Acting Mayor Labatt: Deleting item number 11 ? Councilman Boyle: 11. Acting Mayor Labatt: Okay. You were seconded by who, Bob? Okay. Councilman Boyle moved, Councilman Ayotte seconded to approve Site Plan g2001-9, shown on plans prepared by Peter Curtis Architect, dated July 6, 2001 with an 8.8 percent variance to the lot coverage and a 1,309 square foot variance to the lot area based on the findings of fact and subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. Add a benchmark to the plans which was used for the site survey. 3. Add a legend to the site plan. 4. Show all proposed and existing contour lines. 5. The proposed addition cannot be built across the property line therefore Tract B and Parcel A must be combined into one lot. Detailed retail occupancy requirements cannot be reviewed until complete plans are submitted. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. The developer shall plant eight trees on site in the following locations: two ornamental trees at the north end of the grass area between the buildings, one overstory deciduous tree in the peninsula to the east, one ornamental tree in the northeast comer of the property, three overstory deciduous trees in the southeast comer of the property. The developer shall submit a landscape plan to the city prior to the building permit. . 1 . 1 City Council Meeting - August 27, 2001 10. Prior to the issuance of the building permit for the expansion, the signs on the touch free buildings shall be replaced. All non-conforming signs on the serf service car wash building shall be removed. New signs on the serf-serve car wash building will be installed after the remodeling. A separate sign permit is required for each sign. AH voted in favor and the motion carried unanimously 4 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT UPDATE. Sgt Dave Ports: Good evening Mayor, Council. I'm here this evening as one of the walking wounded. That's why I'm not in my typical uniform od~d_ressing the council this evening. 'I didn't work today. Injury at home due to some exercise. Hopefully be back at it pretty quick here. But I did want to come in to give my monthly report. You do have the sheriff's area, or sheriff's office area report for July attached in your packet. You'll see my note regarding the citation listing. The records division is still working with their new software and have some glitches there as far as generating a citation report so you don't have that this month. You have JeffMixner's monthly highlights for Suly. And then just some miscellaneous items I wanted to touch on for this evening. First was National Night Out on August 7~. 21 neighborhoods signed up to participate this year. I believe that was the same number as last year. Sheriff's office was able to provide 4 officers for the event who traveled to the different neighborhoods. However that was the unfortunate night where Chaska Offi~ Ben Anderson was shot in the ensuring stand-off with the gunman there that lasted throughout the night so the officers that were participating in National Night Out were called away. Beth Hoiseth was able to stop at each of the neighborhoods just to let them know what happened and that an officer wouldn't be able to make a personal visit to their neighborhood. She was able to do that for every one of the neighborhoods except one that she made phone contact with the next morning I guess to explain that so a little bit of a problem there but that's part of life on the job. Safety Camp August 14~. The sheriff's office was able to provide 6 officers to participate as team leaders or presenters for this year's Safety Camp,. The Sheriff was also there in the morning and again the alemoon for the opening and closing ceremonies. And this was my first opportunity to participate in Safety Camp this year. I was one of the team leaders and I just wanted to let you know that I was very impressed with the work that Beth Hoiseth puts into this event each year. It just showed me what a lot of work that she has to go through in coordin~on with the city's Park and Rec Deparm~nt as well. And the event was quite successfifl. And a couple other things I didn't note on my memo to the council was just an update on the Legion robbery. I'm sure you probably saw in the newspaper that the third suspect has been arrested regarding the Legion robbery and the investigation continues. And I think this is one of those examples where a significant crime occurs, an investigation starts and people have kind of an assumption I believe often times that investigations are resolved one way or another relatively quickly. Well you can see how long this one has gone on. It's just one example and it continues to this day. Some city vandalism I wish to report to the council as I try to keep council updated on anything that affects the city directly. The ~ station down on Lyman Boulevard you may have seen or heard about, had some graffiti spray paint on the garage doors down there. And then a city barricade over at Kiowa and Springfield where the two roads kind of come together but don't meet, the barricade suffered some damage and again that would be a city barric~d~e. City expense so I had to mention those items specifically to the council. And that's my short and quick update for this month. Are there any questions or comments from council? City Council Meeting - August 27., 2001 Acting Mayor Labatt: I noticed on the way in tonight that we have trailers up on Pleasant View. How often do you move that? Sgt. Dave Ports: Excuse me? Acting Mayor Labatt: The radar trailer is up on Pleasant View I noticed on the way in. Sgt. Dave Ports: The radar trailer is put out every day that either the trailer and/or the officer that is assigned to put it out is put out every day and it's used county wide. What I do is I give a list to him of all the areas in Chanhassen that I'd like to see it and they try to schedule it. Typically 2 days at a time on a street so they can get both directions. The radar trailer clocks one direction and so you get it 2 days in a row to get it both directions on that particular street and then it's moved somewhere else so it comes in and out of Chanhassen. Acting Mayor Labatt: Okay. Does that provide you with data on a printout after? Sgt. Dave Potts: No. No, what that does it just has a big readout for the drivers education basically. Kind of clock their own speed as they're driving by. Teresa Burgess: If I may, we do have the speed traffic counters that do provide that data and so if there's a specific area, we try to coordinate with the Carver County Sheriff' s Department and get those out and get the data for them Sgt. Dave Potts: As part of the Project Leadfoot program we are currently gathering data on several streets throughout the city. Some streets where we've had complaints on. Other streets where we felt we want to do some comparisons against the streets we've had complaints on so a number of different areas we're using that traffic counters that log the speed and the types of vehicles and the number of vehicles, all that information. Acting Mayor Labatt: Okay, any questions or comments? Thanks Dave. PUBLIC HEARING: TH 10~CT 9%12-3: A. PUBLIC HEARING FOR THE MINNESOTA DNR OUTDOOR RECREATION GRANT Be PROGRAM. CONSIDER RESOLUTION FOR GRANT APPLICATION. AUTHORIZE PREPARATION OF FEASIBILITY STUDY: APPROVE CONSULTANT De CONTRACT. LETTER OF THANKS TO REPRESENTATIVE WORKMAN FOR HI~ EFFORTS IN OBTAINING THE DNR GRANT. Public Present: Name Address Sandy Carlson Beth Ludtke Brenda Vatland Rathana Bo 7271 Kurvers Point Road 7231 Kurvers Point Road 7290 Kurvers Point Road 7004 Sandy Hook Circle City Council Meeting - August 27, 2001 Nick & Sandy Gassman Pat & Mike Miller Jim & Carolyn Erny Bryan & JoEllen Price Charles B. Hallau Frank Mendez Robert Mortenson Jeff Orover George & Janet Weaver Smith Drew Carlson Franklin J. Kurvers Mel Kurvers Lynn Thorpe Diane Whiting Margaret Paulson Leon & Marilyn Narem 6800 Brule Circle South 71 Choctaw Circle 7008 Sandy Hook Circle 7006 Sandy Hook Circle 115 Choctaw Circle 7361 Kurvers Point Road 7371 Kurvers Point Road 60 Twin Maple Lane 31 Hill S~ 7271 Kurvers Point Road 7220 Kurvers Point Road 7240 Kurvers Point Road 41 I-Yxll Street 51 I-Ytll Street 7200 Juniper Road 20 Sandy Hook Road Teresa Burgess: Tonight is the time that's been set for the public hearing for the Minnesota DNR Outdoor Recreation Grant Pwgram. As part of the grant program we are required to have a public hearing to discuss whether we want to apply for the granL We are not intending for tonight's meeting to be discussing the roadway, although I realize that they are related to the neighborhood. The. intention is to just discuss the grant tonight and with that I don't have anything specific. I'd be happy to answer any questions that come up during the public hearing or that the council may have. .. Acting Mayor Labatt: Okay. Anybody have any questions before'we open this up? Councilman Ayotte: Just with regard to the proposal that we received. Teresa Burgess: That's a separate item. If you want me to answer it now I can but I can when we get to it. Councilman Ayotte: I'll wait. Teresa Burgess: I've got mom. Acting Mayor Labatt: Okay, we'll now open this up for public hearing. So those people wi.~hing to discuss the 101 trail. If you want to state your name. Hi Frank. Frank Mendez: Hi Steve. My name is Frank Mendez. I live at 7361 Kurvers Point Road here in Chanhassen and I just wanted to start off with just a few notes here. A lot has been said over the course of 2 ½ or more years. State Representative Tom Workman has secured a $500,000 matching grant from the Minnesota Deparunent of Natural Resources to be used for the construction of a trail along Highway 101 in Chanhassen. This is a huge accomplishment benefiting the entire city of Chanhassen and the Chanhassen residents who have been landlocked between Highway 101 andLotus Lake for years. This trail serves to finally connect these neighborhoods and families to the community of Chanha.ssen. We really want to be part of this community. We've been driven, a lot of people ask us why are you driven? And we've been driven by our desire to be connected, to be safely connected to our community, not disconnected. And it's really that simple. And I'd like to quote Tom Workman. The previous City Council set aside $800,000 for the trail so the money is available. Now it's up to the current City City Council Meeting - August 27, 2001 Council. Councilperson Craig Peterson, Councilperson Bob Ayotte, Councilperson Gary Boyle, Couneilperson Steve Labatt and the person who's not present, Mayor Linda Jansen, I would like to ask those of you who are here specifically to please, and I'd like to emphasize please, expedite the 101 trail process. This would allow us, and we're people of all ages, to be walking, biking, and smiling to downtown destinations such as the pedestrian friendly library, and the rest of our community by this time next year. We're awaiting the fulfillment of promises with great anticipation. Thank you very much. Carolyn Erny: I'm Carolyn Emy and I live at 7008 Sandy Hook Circle and I am here also to endorse the trail on 101. I'm one of the senior citizens that Frank mentioned last week and I can see this just really enhancing the quality of life in our neighborhood, not only for our family, but for the other families as well. There's so many young children in our neighborhood. From newborn through teenage years and I think it would be really wonderful to have these young people to be able to be connected to Chanhassen and there really are so many things that would open up to all of us if this trail is put in place. And thank you so much for your consideration. Acting Mayor Labatt: Thank you. Drew Carlson: Hi. I'm Drew Carlson and I live on 7271 Kurvers Point Road and I'd like a trail so I could get around to my friends neighborhoods. I enjoy Rollerblading here at the skate park, but it's hard for me to get here sometimes because there's no trail so I have to take the long way through the neighborhoods and I would enjoy a trail because I'm 13 and 14 next year I would be able to get a job so, somewhere here in Chanhassen so I'd like to have a trail so I could bike to my job maybe. Thank you. Acting Mayor Labatt: Thanks Drew. - (There was a tape change at this point in the public hearing.) Eric Lavanger: ...all of the neighborhoods along 101 and I think as well the rest of the city of chanhassen needs this trail to connect us with not only ourselves within the community, but other neighborhoods outside of Chanhassen. It was many years ago, soon after I moved to Chanhassen, that a trail along 101 came up. It was 8-9 years ago probably at this point,'and it was a challenge then and there's no doubt today it's a challenge again, but the reality is that it's something that's needed and nothing of this sort is ever going to be easy but it certainly is something that I think we all would deeply benefit from and I hope that you'll give it your very favorable and positive consideration. Thanks. Acting Mayor Labatt: Eric, what was your last name? Eric Lavanger: Lavanger, L-a-v-a-n-g-e-r. Acting Mayor Labatt: Thank you. Anybody else? Janet Weaver Smith: Hi. I'm Janet Weaver Smith, 31 Hill Street, Chanhassen. I just have a question, and I don't know if this is the place to ask it or not but I'd like to present it, and that is when I read the article that the funds had been set aside in the last council, are those funds still there and if they're not, where are the funds for the trail? Teresa Burgess: I guess Brace left already so I'll answer that, if the council doesn't mind. They are designated in our CIP, our Capital Improvements Program which means that they were not set aside for last year, they were set aside for this year. They were programmed into the budget for us to spend. City Council Meeting- August 27, 2001 Acting Mayor Labatt: The funds are still there. Teresa Burgess: The funds are still there. They have not been spent elsewhere. Although I would like to explain, we don't have a big pot of money sitting there waiting either. The money is invested properly. Acting Mayor Labatt: Anybody else? We do have Mr. Workman in the back row over here so I just wanted to point out that he is in the audience. Not to get you up here Tom but. We'll wait another couple seconds for somebody to build up some courage. I.f not we'll wrap this public hearing up. Okay, we'll bring it back to council. Tom do you want to come up? Tom Workman: I can get 3 breaths out in 30 minutes, right Roger? Thanks for having me. Tom Workman, 181 South Shore Court in Chanhassen. Not too far from the 101 trail, and a lot of neighbors in the room who made sure I remember that that trail needed to be done and so I want to say thanks to all of them. They're the reason I worked to do that. I think I introduced, and chief authored about 40 pieces of legislation this year. This one was a little bit different and a little bit under the radar on purpose. Keep your money under the table and work hard and I kept an eye on that and did a lot of things. Had fun time at the Capitol this year. This is something that I have worked with staff on and staff has put a lot of hard work in with this thing. I have the full layout of 101 in my Capitol office and I think I said back in January or February that I was going to design this highway ff we couldn't get about the business of doing it and I think with the meeting that we had earlier this week with the Mayor, there's some good things that are occurring so we can get an even better fix on the highway and some permanent fixes. I think my only strong point at that meeting this week was, not 2003. 2002. Let's get it done. We could all be dead, moved or forgotten in 2003 so let's really try and get this thing d-6ne.. Let's not wait for 3 years for that cash. It's not earning us any interest so let's get it done, but I've had a lot of fun with this and I'm going to stay involved, aren't I? So we're going to hopefully get as much .accomplished, both with the road which I think is important, and the trail, and it's going to be a big celebration at Frank . Mendez' house. Thank you. Todd, congratulations. Acting Mayor Labatt: Anybody else? Not to put people on the spot here but I do see Mr. Senn, former Councilmen for 8 years who worked diligently on this project too so, even though he's no longer up here he deserves a lot of recognition for his work as well. Bring this back to council. Any comments? Todd? Teresa, did you have? Teresa Burgess: No I don't. You ready to go onto the next? Acting Mayor Labatt: So may I have a motion to close the public hearing. Councilman Peterson moved, Councilman Boyle seconded to close the public hearing. Ail voted in favor and the motion carried. The public hearing was closed. Acting Mayor Labatt: So that takes care of 3(a), correct? Teresa Burgess: Yes. Acting Mayor Labatt: Now we go to 3(b). City Council Meeting- August 27, 2001 Teresa Burgess: As you can tell from the staff report we did anticipate that the public would be in support of this resolution. We are requesting to approve a resolution for the application for the grant funds for $500,000. The resolution is in the packet. It is a standard resolution that authorizes the City Engineer/Public Works Director to apply on behalf of the City of Chanhassen and also states that we have the ability and the desire to maintain such a trail if it is built. Normally this item would be on the consent agenda. However, because of the public hearing we placed it after the public heating so unless there's any questions, there is a recommended motion in the staff report. Acting Mayor Labatt: Do we need to read the resolution now? Roger*. Roger Knutson: No you don't. Acting Mayor Labatt: Okay. Any questions from council? Councilman Boyle: No questions. Acting Mayor Labatt: Okay. May I have a motion? Councilman Peterson: I'd more to adopt the attached resolution to apply for a $500,000 Minnesota DNR grant for Trunk Highway 101 trail. Councilman Boyle: I would second that. Resolution g2001-56: Councilman Peterson moved, Councilman Boyle seconded to adopt the attached resolution to apply for a $500,000 Minnesota DNR grant for Trflnk Highway 101 trail.. All voted in favor and the motion carried unanimously 4 to 0. Acting Mayor Labatt: Okay, we're not done with 101 yet. 3(c) Teresa. Teresa Burgess: This item again would normally be on the consent agenda. However, because of the public hearing we did want to delay it until after the public hearing. We are asking council for authorization for the $10,000 for the feasibility study. The feasibility study for the trail is a requirement by statute for us to do a public improvement project. This would allow the consultant to begin that feasibility study including working with MnDot in obtaining the LUP, Limited Use Permit for placement of the trail. We are not at this time requesting authorization for the $150,000 design. That would be done when the plans and specifications are recommended for preparation. When we come to the council for authorization to do that. In the meantime we do want to get started on the feasibility study. If there's any questions from the council I'd be happy to answer those. Councilman Ayotte: Because of. Acting Mayor Labatt: Go ahead Bob, I won't cut you off. Councilman Ayotte: Thank you. Because of the interest on everyone's part for a beginning and end, is there a period of performance identified? What's the turn time to get this feasibility study done? Teresa Burgess: What we have directed the consultant services to do is to work as soon as possible. We have not given them a drop dead date that they must have this done but they have been told that this is one of their primary responsibilities. They are also doing our MSA street project and we have told 10 City Council Meeting - August 27, 2001 them that because these two projects are time sensitive, we will be pushing them on those and we'd prefer that they focus on them rather than take on additional city work, until those projects are done. Councilman Ayotte: But without asking for a drop dead date, do you have an estimatexi period Of time? Teresa Burgess: A lot of that depends on MnDot and where things go with them Right now we are working with them and trying to coordinate with them. We are also trying to work with Carver County and coordinate with them with the trail, and if those meetings go well, and we are able to address most of their concerns, we would anticipate a feasibility typically taking one month. This one is a little complicated so maybe a month and a half to 2 months. Councilman Ayotte: If there' s a delay I would suspect your back-up plan would be to go to outside agents and solicit some support to push it through MnDot. Some of those agents might be in the room. Teresa Burgess: Representative Workman has already stated his support and has stated that directly to MnDot. Councilman Ayotte: But about a 6 week turn? Teresa Burgess: That's what we're anticipating. Our intention is to iron out most of those issues that MnDot raised during the feasibility study so that we don't spend money and time designing and designing. We'd rather get them ironed out up front. These are what they are expecting to be seen in the plans. That way when we do the set of plans, we'll be able to go to them, get approval and not have to come back and spend the money again' for design. Councilman Ayotte: I understand, thank you. Acting Mayor Labatt: Okay. Any other questions Bob? Councilman Ayotte: No sir. Acting Mayor Labatt: Craig? Gary? Okay, so if I could have a motion and a second please. Councilman Peterson: I'd move to authorize feasibility study preparation and also move to approve consultant contract for $10,000 with HTPO for preparation of said feasibility report Councilman Boyle: Second. Coundlman Peterson moved, Councilman Boyle seconded to authorize feasibility study preparation and also approve consultant contract for $10,000 with HTPO for preparation of feasibility report for TH 101 trail, Project No. 97-12-3. All voted in favor and the motion carried unanimously 4 to O. Acting Mayor Labatt: Okay 3(d). This is the last one folks on 101. Teresa. Teresa Burgess: At the last council meeting on August 13~ Representative Workman requested that we, actually made a motion that we prepare a thank you letter to Representative Worlcrrmn and thank him for his efforts so far. Staff did do that and it has been signed already by Mayor Jansen since she could not be here this evening. I'd just like to read it out loud and then ff each of the council me~ could sign it. 11 City Council Meeting - August 27, 2001 It says, Dear Representative Workman. We are writing to express our genuine thanks and gratitude for your efforts on behalf of the City of Chanhassen in obtaining a $500,000 grant for the Trunk Highway 101 trail. In addition we are requesting your continued support and efforts in our dealings with MnDot and the Minnesota DNR to obtain approvals for a minimum impact trail in this corridor. Sincerely, City of Chanhassen and there's a signature blank here for each of the council members and the Mayor. Councilman Boyle: Who requested that letter? Acting Mayor Labatt: We had requested it. Councilman Ayotte: I also wanted more money. Acting Mayor Labatt: Tom, thank you for your work on this. It's very much appreciated. Thank you Mark for your work too. Okay, well that takes care of the 101. Folks, thank you for your support and hard work on this too. The neighbors and the affected residents. Appreciate that. Okay moving on. Actually for the, please let me make a quick message. The 101 folks here, if you want to stay for the rest of the meeting you're welcome to but we just need you to step into the senior center. Teresa Burgess: If there's a number of people that would like to stay, I can certainly take you up to one of the conference rooms. We expect a lot of people for the Westwood discussion so if you're just staying to watch. Acting Mayor Labatt: We're not kicking you out but feel free to stay. Grab a piece of cake on the way out if you're going home. Thank you. APPEAL DECISION FOR A REOUEST FOR A SIDE YARD SETBACK FOR THE CONSTRUCTION OF A SCREENED PORCH[ 6800 BRULE CIRCLE NICK GASSMAN. Acting Mayor Labatt: Okay we'll call this back into session here. Just for the folks from Westwood that came in, did you grab a piece of cake on the way in? If not, you can go out that door, there should be some more out there of the cake. Please have a piece. If not, next item is item number 4 which is an appeal to the decision for a request for a side yard setback for the construction of a screened porch, 6800 Brule Circle, Nick Gassman. Staff report please first Nick. Julie Hoium: Thank you. On June 17th the Planning Commission reviewed and recommended denial for this variance request. The applicant is appealing the decision. The applicant's requesting a 2 and a 4 foot variance from the side yard setback for the construction of a screened porch, if you can show it on, on the side of their home. While the buildable area on this lot is limited, it was staff' s literal interpretation of the zoning ordinance that a hardship was not demonstrated, thus we are still recommending denial of the variance. With that I will take any questions. Acting Mayor Labatt: Okay, any questions for staff? Councilman Ayotte: I've got a couple comments. Acting Mayor Labatt: Well why don't you save your comments until after. Councilman Ayotte: I'll wait for the comments, alright. 12 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Okay, the applicanL Nick if you'd like to stu~te your nsme and ndOress. Nick Gassman: Good evening. My name's Nick Gassman. I live at 6800 Brule Circle in Chanhassen and as stated I'm here to request a consideration by the council to change the Planning Commission's rejection or denial of my side yard setback variance. And I'm here to answer any questions. You guys have the packet. You've been able to review the situation. It's all pretty much in black and white. We find that we've gone through the exercise of saying where the best location is. What's the minimal impact. I've gotten letters of support and reconm~ndations fi'om my neighbors, especially those that it would minimally impact. I've also sat through the Planning Commission and the hearing where they split 3 to 2 and they felt that it was in my best interest and they highly recommended that I come before you since you have the leeway or the jurisdiction that you can say, you know this one does make sense regardless of the strict adherence of the variance laws so I'm here asking for your blessing to be granted the variance for the side yard setback. Acting Mayor Labatt: Okay, thank you. Any questions for the applicant from council? Councilman Ayotte: A couple. So the approach that you're going towards, I would suspect you've costed it out and it'd be less cost to you obviously taking the approach that you're recommending, correct? Nick Gassman: Significantly less cost, yes. Councilman Ayotte: And that taking the approach that you would take, you Would basically mitigate risk to foundation because the approach you're taking wouldn't be moving soils,.is that correct? Nick Gassman: Correct. Councilman Ayotte: Okay. And number 3. Taking the approach that you would take, you would save trees because, would you definitely have to take trees out? Nick Gassman: Well the trees would be jeopardized because of the root systems. If we moved the dirt, these are old growth, mature oak and maple trees and when you push dirt and you cut into the root systems, being old and mature they have a tendency to die. They get di~ and so yes, there is a substantial risk to the trees. I would not have to literally go out and chop the tree down to build the site, as you can see here. But any pushing to the west towards that wall would cause harm to the trees, yes. Councilman Ayotte: Are the neighbors that are in support of you building it the way you want it here? Nick Gassman: Quite a few of them are. Audience: Do you want a hand raise? Councilman Ayotte: Yeah. Any problem? Audience: No. We're all for it. Councilman Peterson: If you would before you leave, could you bring out the original plat and kind of show where the neighbors, you've got formal approval. 13 City Council Meeting - August 27, 2001 Nick Oassman: Yes, we have 44 neighbors in the neighborhood. Councilman Peterson: Kind of point which ones have formally said that they would agree. And what their lots are. Acting Mayor Labatt: Just put an X on their lots. Nick Gassman: With the letters of recommendation? Councilman Peterson: Yes. Nick Gassman: This one and this one. Letters of recommendation. Those were the only two I sought only because those are the only two that can see the screened porch. And that would be Lauby and Dragsten. Councilman Boyle: What about the lot, would that be north of there? Nick Gassman: No, that's actually the. Audience: The lot north is me. And I don't have any problem with that. Audience: And I'm to the east and I don't have a problem with it. Councilman Peterson: We're getting your pretty well covered here. Councilman Boyle: Let's see east, west. We did it. Acting Mayor Labatt: Okay. Anything else Bob? Councilman Ayo~te: No sir. Acting Mayor Labatt: Gary? Councilman Boyle: Well just one thing. Again, on what side, and I'm a little confused as to where the porch, the screen porch would be. Could you show that to me please? Nick Gassman: I can show you pictures. Here's the back... The porch is going to be on this wall. South wall... Councilman Boyle: And the alternative would be where? Nick Gassman: There is none... Councilman Boyle: Okay, understand. Thank you. Acting Mayor Labatt: Comments? Craig. Councilman Peterson: I think it's reasonable. 14 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Bob. Councilman Ayotte: I think it's reasonable. I have some caveats to it, but I'll wait until we make a motion. Acting Mayor Labatt: You can make them now if you'd like. Councilman Ayotte: Okay. This is how I'm going to word the motion. The City Council approves Variance g2001-2 for 4 foot variance from the 10 foot side yard setback on the southwest comer of the proposed porch, and a 2 foot variance from the 10 foot side yard setback on the southeast corner of the same proposed porch as shown on plans dated June 1, 2001 with the following conditions: Number 1 that the variance shall be recorded with Carver County. That the applicant shall be responsible for the attorney recording fees. And that number 2. The applicant shall maintain the natm'al drainage of the site. Councilman Peterson: Staff, you comfortable with that? Kate Aanenson: Yeah, sure. Acting Mayor Labatt: Gary, do you have anything? Councilman Boyle: No, I'm with it. I'll vote.' Acting Mayor Labatt: Yeah, when you have abutting affected neighbors .that are in support of it, I don't see a reason. Councilman Ayotte: I'm not going to cross them. Acting Mayor Labatt: So we have a motion from Bob. I'll take that. Councilman Boyle: I'll second it. Councilman Ayotte moved, Councilman Boyle seconded that the City Council approves Variance g2001-2 for 4 foot variance from the 10 foot side yard setback on the southwest corner of the proposed porch, and a 2 foot variance from the l0 foot side yard setback on the southeast corner of the same proposed porch as shown on plans dated June 1, 2001 with the following conditions: That the variance shall be record~ with Carver County. That the applicant shall be responsible for the attorney recording fees. 2. The applicant shall maintain the natural drainage of the site. All voted in favor and the motion carried unanimously 4 to 0. CONSIDER REQUEST FOR A LAND USE AMENDMENT AND REZONING TO PERMIT A RELIGIOUS FACILITY; WETLAND ALTERATION PERMIT TO ALTER AND FILL WETLANDS; SITE PLAN REVIEW FOR ~ FIRST PHASE OF A RELIGIOUS CAMPUS; AND A VARIANCE FROM THE DISTRICT RF~U-LATIONS; 3101 TANADOQNA DRIVF_q WESTWOOD COMMIYNITY CHURCH. 15 City Council Meeting - August 27, 2001 Public Present: Name Address David H_appe Bill Coffman Dorothy Downing 604 Summerfield Drive 600 West 78~ Street, #250 7200 Juniper Road Bob Generous: Thank you Mr. Mayor, Council members. As you stated, this is a hearing to review, there' s 4 pans to it. A land use amendment from residential low density to public/semi-public. A rezoning from Rural Residential to Office Institutional. Wetland Alteration Permit and Site Plan Review with variances to building height. This property is located west of Highway 41, north of the northern property for Minnesota Landscape Arboretum To the north of this property is the Camp Tanadoona across Tanadoona Drive. To the south is 80 acres that's owned by Minnesota Landscape Arboretum. There are some developable sites on the northwest and southwest comers of this property. Currently their access off of Tanadoona Drive and Dogwood Road. As pan of the city's utility expansion for this area we are realigning the entrance off of Highway 41 to make a 90 degree turn there rather than, that's just a very sharp angle so there is some concern for sight distances in that area. The applicant originally could come in under the existing zoning and request a conditional use permit for a church. Rather than that we requested that they do a full disclosure and let the community know what their ultimate vision for this property was. To do that they needed the, we advised them that they request a land use amendment and the rezoning. The rezoning does permit the proposed development, long term development that they're looking at. However as each phase come in they would have to do an additional site plan.review - as well as a conditional use permit. At that time we'd be able' to look at any c6ndifions to impose on the development to mitigate any potential negative impacts on the project. Staff is recommending approval of the land use amendment and rezoning. We believe it's consistent with the surrounding development, the public/semi-public uses both north and south and it's compatible with the residential uses that would remain in the area. The proposed wetland alteration permit is for, to provide what we advised the applicant is we want to see what the total impacts to wetlands would be on this site at ultimate build-out. The impacts that they're looking at would be to provide this either driveway system or public road into the project to serve their ultimate build-out on the project. We have them do the wetland impacts upfront because then we can get them to do all the wetland mitigation. Have that in place and determine that it can actually fit on the site. Staff is supporting the wetland alteration permit with some conditions. We want them to maintain the existing water levels in the wetland and preserve the wooded area. This provides additional habitat diversity through the preservation of the trees. The first phase of this development is a site plan review for a 69,756 square foot interim worship hall, fellowship hall and educational building. This is a 3 story building. The two zonings that would impact this are the Highway 5 Overlay District which permits 3 story development but has a height limitation of 40 feet. The OI District, Office Institutional District permits 2 stories, however it has no height limitation on the building. There's where we come to a conflict in their proposal. The applicant is requesting a 3 story building which violates the OI District regulations. This would accommodate the lower level would have their educational facilities. The main level would be the fellowship hall and interim worship space and then the upper level would be their administrative offices. This is located in the central portion of the site and all the future development would radiate out from this. Staff believes the granting of the one story variance is appropriate in this case to help them facilitate this project. They're also required to receive a 2 ½ foot height variance. Originally we, staff had assumed that this would be the focal point of the project. We have since been advised that there may be a potential for a larger building to come in. Rather than continue to have a variance request come in, we've suggested that we deny the variance for 16 City Council Meeting - August 27, 2001 the height on this instance and allow them to come in in the future. This is a 57 acre site. While the 2 ½ foot variance may not be a lot on such a scale, we believe we didn't want to set a precedent with that. The overall issue with the project that we've discovered was a concern about traffic impacts on the neighborhood and Highway 41. As part of this review we requested that the applicant prepare a traffic study. The study showed that there's adequate capacity at Tanadoona Drive to accommodsto, the first phase of the development. However, any additional phases would require a second access point. ...look at the extension of West 78~ Street across this tn'operty to the properties to the west. Staff is recommending approval of the site plans with the building story variance. With that I'd be happy to answer any questions. Acting Mayor Labatt: Questions? Councilman Ayotte: With respect to the tmftic studies and so on, are there plans to, and there was a concern by the community. Are the plans to discuss with the community the results of the traffic plans and what's intended to educate the neighbors? Kate Aanenson: Well I guess the intent of the tmf~c study was to demonsmtm whether or not with the first phase of the building, whether Tanadoona can accommodate. Councilman Ayotte: Kate, a little louder. Kate Aanenson: Whether Tanadoona could accommodate the traffic. That was the intent of the traffic study with the first phase. It was always our belief, if they had the ultimata build-out that they would need a secondary access and certainly believe if we can get them to the light at West 78a~, that' s the best, Since that time there's been other movement to possibly develop gropert~..behind the church. That development would like to provide access out through this possible driveway. The church is only obligated to provide a driveway. They're not obligated to provide a public street. The property to the south would like to see a public street. I think at this point it appears that there may be some negotiations between the two parties that provide a public street, and that's the purpose of the feasibility study which we said was the correct mechanism to have that dialogue. So the feasibility study is being prepared. At that point the church and the developer will take a look at that and the City Council will decide if that makes sense. As West 78~ Street comes to the termination right now at State Highway 41, it's 100 foot right-of-way. Certainly it doesn't need to be anything close to that as it goes between the church and the possible development to the south so we believe that we're moving in the right directions and all parties are working together for ultimate best circulation for the entire project, not only the church but development to the south of the church or...to the west. Councilman Ayotte: Once it comes to fruition though is there a point where we're going to have an opportunity for the community at large to understand what's going on7 Kate Aanenson: Yes. Teresa Burgess: The community at large has been involved in that petition drive and also the developer has done a good job of having both this developer and the other developer that is out there looking at the residential property, has done a good job of having informational meetings to discuss their proposals and what they plan to do and the traffic im,r~acts of those. The traffic study is very clear and it does state very clearly what's going on. I have had a couple people come in and get copies of it to understand it. The proposal for the West 78th Street extension, that petition was signed by several of the property owners as well as the developer that is working out in that area and Westwood Cornmtmity Church. 17 City Council Meeting - August 27, 2001 Councilman Ayotte: So the answer's yes. Okay. Teresa Burgess: That's backwards Bob. Usually you take what I say and make it longer, not the other way around. Acting Mayor Labatt: Bob, any more questions7 Councilman Ayotte: No. Acting Mayor Labatt: Gary? Councilman Boyle: No I haven't. Acting Mayor Labatt: Kate, or Teresa the question I have, Tanadoona will be used for the access to the site for construction. Teresa Burgess: Correct. Tanadoona is their, currently their only access to the site and they do have the legal right to use that for construction purposes. We are currently we are scheduled to tear out Tanadoona September 9th. We are keeping it open until that date to accommodate a car show that is taking place, a private ear show at the Tanadoona Campfire Camp, but we are scheduled to tear that out and to build the by-pass and during that time we'll be laying the watermain and sanitary sewer that will serve not only Westwood Community Church but also the 3 properties that are currently on the mound system out on Tanadoona and Dogwood. Acting Mayor Labatt: Okay. So when that road is rebuilt it will be what, a 9 ton road then or? Teresa Burgess: When we rebuild that road it will be built to city standards. We don't generally do what the tonnage is on that but it will be designated a 9 ton road up to the property line. Past that property line it would only be a 7 ton road. Acting Mayor Labatt: To what property line? Teresa Burgess: The western property line of the Westwood Community Church. Acting Mayor Labatt: Okay. Kate Aanenson: Maybe I could just add one other thing to Teresa, that we are realigning with the project Teresa's talking about. The touch down point of Tanadoona at State Highway 41 so the sight line is much improved. Acting Mayor Labatt: So they won't come out as a northerly angle, or northeast angle, it will come out more. Teresa Burgess: It will come out nearly 90 degrees with Highway 41. The reason we're doing that, and that was in cooperation with the Westwood, the church itself. When we realized that we were going to have to tear up the road for part of our project, and we knew that they were going to have to tear up the road for their project because that would have been a requirement of their development to realign that roadway, we had discussions with them and discussed that rather than do it twice, the city would realign 18 City Council Meeting - August 27, 2001 the intersection on their behalf and they would pay the cost of that. So we do have an assessment agreement with Westwood for the realignment of that intersection to assist them with their development, rather than do it twice. Acting Mayor Labatt: So there is a cost sharing. Teresa Burgess: Correct. Well actually it's not really a cost share. Westwood did take up most of that cost. Acting Mayor Labatt: Okay. And in the report you discuss recommeodi~, or not allowing the, creating the wetland. Raising the elevation. Kate Aanenson: Correct. Acting Mayor Labatt: With the water. Kate Aanenson: Yes. Acting Mayor Labatt: Can we just talk about that a little bit? I'm trying to find it in here again. Kate Aanenson: Sure. With this phase the only trees on the property, are located in this area and. Acting Mayor Labatt: Can you just point out where? Kate Aanenson: The only trees on this portion of, there are trees on the southern, or as you get down towards Dogwood, there is a stand of trees but the only significant trees up in this area are on that site where the pond is and by increasing the water level you're going to take those trees out. It was staff's opinion and the Water Resource Coordinator's opinion that it'd be best to leave it in it's natural state. We worked with them. I think we've had some great discussions about they want it aesthetically pleasing and we think that we can accomplish that goal through some of the vegetation we plant to make it look nice as you look out from their buildings and I think we're in agreement on understanding what they would like to do with it and still stay within the framework of trying to keep it a wetland with some trees in it. Acting Mayor Labatt: Okay. And that just, the triangular piece to the east of the property, east property line, that was, that's a city part of the Pulte project. Kate Aanenson: That's correct. And that will always remain trees. It's now been dedicated to the city of Chanhassen, that's correct. Councilman Boyle: And where is that piece? Kate Aanenson: There is a wetland in the, right there. That was being put in as part of the Pulte replacement. There was a drainage ditch through there and some of our project is also i .reproving that project. Teresa Burgess: We, as part of our BC-7 & 8 utility extension do have to do some wetland mitigation and so if you can see in that grading area, we are expanding the size of the wetland that is on that 19 City Council Meeting - August 27, 2001 triangular piece and have an easement with the Westwood property for expansion of that wetland onto their property to accommodate the wetland impacts of our project. Kate Pamenson: But that would be all in the city of Chanhassen's property. The rest of that, and all the trees would remain as is then on the rest of that portion south. Acting Mayor Labatt: Of the triangular. Kate Aanenson: Of the trail, right. Of that first part, yeah. Acting Mayor Labatt: Okay. That's all I had. We'll open this up for comments from Westwood. John Justus: Thank you. My name's John Justus. I'm an architect with Hammel-Green-Abrahamson and my address is 701 Washington Avenue North in Minneapolis. And I'll be the spokesperson for tonight. I'd like to introduce a few people that are with our group or with the church and with our team. I'm an architect. We've got Brace Chamberlain who's a landscape architect. Ed Tirhar who is our traffic engineer, consultant with Benshoof. And we've got the Chairperson of the committee and some other church committee members here and I'd just like to introduce Pastor Joel Johnson. He'd just like to bring a greeting, if he could. Acting Mayor Labatt: Sure. Joel Johnson: Joel Johnson. I live at 1806 Valley Ridge Trail North in Chanhassen and I just want to say that we're glad to be here after our very long journey. Some of you.know our history. We came out here Easter of 1995. Met in the Chanhassen Dinner Theater in the Fireside Theater to begin with and then eventually into the main Dinner Theater. And then in December of 1997 we went to the High School and we've had a very cooperative working relationship. They've been gracious to let us stay there but very clear that we need to move on and it's great to be at this point where we can finally do that. We've given our focus to building people and we want to continue to do that but we also look forward to our own buildings that will serve as our future home so glad to be here. .' Acting Mayor Labatt: Thanks Joel. John Justus: I'll be very brief. I think you have a very good understanding of our submission and we'll be pleased to answer any questions you might have after my brief presentation. I just want to say something about Westwood. I've had a chance to work with a lot of church groups and I just want to compliment them because as they came to us and asked us to be engaged with them, they asked us to make sure that this building made a contribution to their community and I thought that was really a great comment of their' s, and they really want to fit in to Chanhassen so I just, that kind of drove the architectural concept, just their attitude. And I want to first talk about the design of the master plan if I could, and we were aware and cognizant of the fact that there' s kind of a rural character that begins at the area west of Highway 41. It's a beautiful rural environment and it seems like suburbia's encroaching up until Highway 41, but west of there it's still is a wonderful environment. And so we were concerned about how to integrate a master plan and a building design into this area. We were also aware of the fact that there are 4 large parcels of property starting with Minnewashta Park, Camp Tanadoona, this large parcel which is 57 acres and the beautiful Landscape Arboretunt So we wanted to make sure that there was an integration or kind of a visual linkage between those. That we preserve as best we could that character. The master plan is therefore organized in an informal way. And in so doing we felt that we had greater harmony with the land and have a greater balance and integration with it. The structures, we 20 City Council Meeting - August 27, 2001 took the program which is described in your rns.~ter plan drawings, they took that program and broke it down into 4 buildings. We wanted to create, kind of break down the scale of it so that it wasn't one large building, but we broke it down as best we could. And that's demonstrated in this drawing that you should be able to see here. This is the Phase I building in the middle as Bob said, and in the future there will be a student building here for probably junior high and up. And then this becomes, this yellow circle is a diagrarn of what I call the heart of the campus. It's a gathering or social space. Butthenthe buildings to the southwest would be the furore home of the worship space. The first phase building, as Bob said, is an interim worship space which will eventually be the fellowship hall. And eventually then the worship space will be built in this kind of chain of buildings at the southwest end. We also wanted to take the parking and break it up into about 6 different areas. The Phase I parking is the gray you see. There's two distinctive lots and we tried to learn from the orchard forms along Highway 5. That as you drive about in that direction it's nice where these orchards sit upon the land. We thought it'd be nice if we organized the parking areas in very similar fashion and I just want to commend the landscape architecture, the design of the parking lots. These are going to be very, very good parking lots. I thinic they're terraced. They have large landscape areas between each bay of parking. We're very proud of the way they're designed. So in Phase I there are two parking lots, about 500 cars total. In the future there are additional parking areas that are spread around the site for a total of 6 parking areas and they're, we call them geometric kind of car parks or orchard parks organized on the site. We purposefully did not build the buildings at the high point of the site. A lot of times when you drive around rural countryside you see churches are set up on the high point and it was our intent to slide the buildings down from the high points. They didn't sit up like a white church on a hill but again they harmonized with the land. And so the high point is at elevation 1037 and we set the buildings and the main floor down at 1007, so about 30 feet down the hill. And then we also developed in the architectural form, we made sure that there were like a walkout architecture so that it integrated, again slid it into the hill to more easily integrate into the site. I'm going to show you the, I thinlc Bob had up here is the sketches. These are elevation drawings describing the architecture and I'll just spend a moment on that. The buildings are designed to integrate with nature and the natural features of the site. Phase I, and it will set the partie for the rest of the master plan, but Phase I, the idea is to kind of recall the historic architecture. We're going to call it park architecture and if you've all been to national parks or to state parks and there's kind of a humble simplicity to buildings. They utili?e very sirra, le forms and also they utiliT~ very natural materials. And we wanted the buildings to grow out of the site and so what we did is developed a strong stone base to the buildings so they come out of the earth and then we developed a lights and band of windows that's almost all glass from the top of the base to the underside of the roof. There's a glass band so the roof kind of floats upon the site and upon the building. And the buildings are quite sirra, le in their use and I'll just finish up by showing the two sketches that we prepared. This is the top view is, well let's start with the bottom view. The bottom view is a little, from a further off from the east and you see the wetland that was talked about on left on the right hand side. So this would be essentially the view from 41. And you can see the stone base, the simple roof structure that floats upon it, and then the top view is as you come in the churches driveway, off of Tanadoona, you can see that the building is 2 stories towards the parking lot or towards the residents that are existing and it's 3 stories on the wetland side of the site. You can see the way it steps down the site. I'm not going to throw these at you but these stones are part of the base. This is the character of the base of the .building. The stone work here and the middle of the building is primarily glass and there will be some bronze colored aluminum frame. The wood on the left represents some of the trim detail to the building, and the stone to the right hem, I mean the wood to the right here represents some of the structure that you'll be seeing. And then up in the left hand comer we're hoping to have a wood shingle roof, but we must also consider an asphalt shingle which would be in character with the wood shingles as best we could, just because of some of the cost considerations that may have to be considered so. This is a general palate of the building. Natural 21 City Council Meeting - August 27, 2001 materials, natural colors. That's the extent of what I wanted to share with you and we are welcome your questions and we' I1 try to make sure we have the experts to answer them. Thank you very much. Acting Mayor Labatt: Any questions for Mr. Justus? Councilman Boyle: I don't have anything. Acting Mayor Labatt: When are you going to determine whether you go with the shakes or the asphalt shingles? I realize that was an issue at the Planning Commission. Brought up there. John Justus: We are developing a design at this time and we're doing periodic cost estimates and what we were hoping to do is defer this decision until we had some more cost input for the project and we may need to carry that almost into the end where we have a series of alternates where wood shingles would be an added to alternate and the asphalt shingles perhaps would be a deductible or something like that, so we'd like to carry it for a while if we could. Councilman Boyle: I have a question. On the 3 story issue on the OI regulations, where do we go with that? What does that mean? Does that mean there cannot be a 3 story building? Bob Generous: That's essentially what the OI district would prescribe. That they don't have the third story. Councilman Boyle: action. And how do you feel about that? Or what's your course? Alternative or course of - . John Justus: Well what we want to do is impact the land in terms of footprint in as minimal way as possible. We have the component of the program with some staff offices and our idea was to integrate them into the roof and so there' s an appearance of a 2 story building but the offices are kind of contained within this large roof area. You might even call it an attic area or something like that. So there's never an expression of a 3 story building in the sense you'd have story upon story but we've.put it into the roof area. And I think that shows up in this sketch if I could. This is the office area is really contained within this space right here so it' s part of the roof structure and you do see a 2 story gable end from the parking lot side, but from the side elevations the offices are tucked into this roof area. So that was our way to kind of mitigate that issue. And the footprint of the third floor is I think about, I'm going to guess 7,000 square feet so it's just probably 1/5 of the footprint. Does that help? Councilman Boyle: I think so. Thank you. Acting Mayor Labatt: What about sidewalks? At the Planning Commission the, one of the commissioners discussed the lack of sidewalks I believe in the parking area. And access from the parking to, or around the parking. John Justus: One of the Planning Commissioners had a suggestion that we have a sidewalk through this particular landscaped area right here, and I don't know if you could come in on that. If it would be possible. Yeah, that might help. There' s a way of getting through the parking area, through the middle and they just felt, that person felt like this area right here was far enough that people would tend to cut through so they suggest this is a sidewalk right here. And we're planning on doing that, it's just we haven't gotten to it yet but we'd be glad to do that. 22 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Okay. John Justus: That was it. Acting Mayor Labatt: I didn't realize it was just a short, little sidewalk. John Justus: Yeah. Maybe it's 20 or 30 feet. Acting Mayor Labatt: Okay. Any other questions of Mr. Justus7 If not we'll open up to public comments. Okay at this time we'll open this up for public comments. Anybody wishing to address the council on this issue come on up. Nobody? Councilman Peterson: Motion to close public hearing. Acting Mayor Labatt: Okay, is there a second? Second to close the public hearing Gary? Councilman Boyle: Oh, second. Acting Mayor Labatt: Okay. The public hearing is closed. Councilman Boyle: I thought it was Bob's turn. Acting Mayor Labatt: Okay, we'll bring this back to council then. Any questions or comments from anybody? Councilman Peterson: My comments are pretty simple. I think it's a phenomenal project. I've watched it kind of grow up over time and I think the applicant and particularly staff and the Planning Commi.~sion has done an exceptional job of having created, as was mentioned earlier, an asset to the community. It clearly will be a physical asset, not to mention the spiritual side of it so it's just a wonderful space. I look at it and go, that's just neat. So I think it's a great one to start building. Acting Mayor Labatt: Bob. Councilman Ayotte: No comn~nt. Councilman Boyle: I could echo some of Craig's comments. I think you did an excellent job, both the applicant and staff. My first reaction I have to admit was gee, why don't we get something in there that's going to produce revenue. But that's the old again, you look at the budget and you say gee, it'd be nice if we had the money but it's not really realistic. This is so much better. Excellent. Acting Mayor Labatt: Okay. In the efforts of getting out early I would just echo your comments Craig and Gary and having known many members, Pastor Johnson of Westwood, it's going to be a pleasure to have them in our community. So Mr. Justus. John Justus: I just wanted to thank you very much for the kind comments and the church really appreciates them and it's been a pleasure working with your staff. And the Planning Commission was just outstanding. I've been in front of a lot of them, and they were just a great group. Very wonderful so thank you very much for your comments. 23 City Council Meeting - August 27, 2001 Acting Mayor Labatt: Thank you for your comments. Councilman Boyle: Thank you. Acting Mayor Labatt: Okay, so I could have a motion and a second. Maybe I should have several to do. I'll direct you to the right page. We have actions, it starts on page number 16. Councilman Peterson: I'd recommend that the City Council adopt the following motions. That City Council approves Land Use Amendment from Residential-Low Density to Public/Semi-Public based on the findings in the staff report and contingent upon the Metropolitan Council review and approval. City Council approves rezoning of the property from Rural Residential, RR to Office and Institutional, OI based upon the findings in the staff report. I also recommend that the City Council approves Site Plan ~2001-10 plans prepared by Hammel, Green and Abrahamson Inc. dated July 6, 2001 with a one story variance from the office institutional district regulations based upon the findings in the staff report subject to the following conditions, 1 through 37. Acting Mayor Labatt: Okay, so we have a motion. Roger Knutson: Do you want to go on the Wetland Alteration Permit? Councilman Peterson: Yeah, I'll go on. And I also recommend the approval to Wetland Alteration Permit to alter and fill 32,315 square feet (0.74 acres) of wetlands subject to conditions 1 through 12. Acting Mayor Labatt: Okay. So we have 4 motions. I just need one second.. Councilman Boyle: Second to all of therrL Resolution ~M}01-57: Councilman Peterson moved, Councilman Boyle seconded that the City Council approves a Land Use Amendment from Residential-Low Density to Public/Semi-Public based upon the findings in the staff report and contingent upon the Metropolitan Council review and approval. All voted in favor and the motion carried unanimously 4 to 0. Councilman Peterson moved, Councilman Boyle seconded that the City Council approves the rezoning of the property from Rural Residential, RR to Office and Institutional, OI based upon the findings in the staff report. All voted in favor and the motion carried unanimously 4 to 0. Councilman Peterson moved, Councilman Boyle seconded that the City Council approves Site Plan · 2.001-10, plans prepared by I~mmel, Green and Abrahamson, Inc., dated July 6, 2001, with a one story variance from the Office and Institutional District regulations based on the findings in the staff report and subject to the following conditions: The applicant shall enter into a site plan agreement with the city and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The proposed culverts under the southern road embankment shall be installed at grade. 24 City Council Meeting - August 27, 2001 o m e . . 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. All proposed vegetated, depressed areas within the parking lots shall be maintained on a regular basis to remove sand and sediment. Regular maintenance _shall keep the area aesthetically pleasing and functioning properly. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used for mitigation credit and storm water ponds. An easement for access purposes is also required for future maintenance of the wetlands. All upland areas disturbed as a result of construction activities shall be imm~ly restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and Army Corps of Engineers and comply with their conditions of approval. No burning allowed, trees removed need to be chipped or hauled off. Tree protection fencing shall be installed prior to site grading. All signs shall require a separate sign permit. Include the south and north parts of the site in a minimum 50 scale drawing. Add the benchmark to the plans that was used for the site survey. Show the NWL, and HWL of the proposed ponds on the plans. Add all existing and proposed easements to the grading plan. Also, show the storm sewer on the grading plan. Define all of the different line types and symbols in the legend on the plans. For all proposed and existing utilities, show the pipe type, slope, manhole rim and invert elevations. Also, call out all watermain tees, bends, etc. Add a detail sheet to the plan set, using all applicable city of Chanhassen detail plates. Show a proposed concrete driveway apron at the entrance off of Tanadoona. Should earthwork quantifies not balance on site and materials need to be i .reported or exported from the site, the developer will need to supply the city with a detailed haul route for review and approval by staff. In addition, if material is proposed to be exported to another location in Chanhassen, if should be noted that the properties would be required to obtain an earthwork permit from the City. All areas disturbed as a result of construction related activity must be sodded and/or seeded and disc mulched within two weeks of disturbance. City Council Meeting - August 27, 2001 20. 21. 22. 23. 25. 26. 27. 28. 29. 30. 31. 32. Both storm water ponds must be designed to National Urban Runoff Program (NURP) water quality standards and provide rate control that meets the pre-developed conditions for a 10 year and 100 year, 24 hour storm event. Staff has received drainage calculations for rate control of the ponds but water quality calculations are still required. Prior to building permit approval, storm sewer design calculations will need to be submitted. The storm sewer will have to be designed for a 10 year, 24 hour storm event. Show all erosion control on the grading plan. In addition, silt fence should be added along the south property line at the edge of the grading limits. All sift fence adjacent to ponds, creeks, wetlands, etc must be Type 1II heavy-duty fence. Add a wood fiber blanket over the steep slopes on each side of the proposed building. A rock construction entrance must also be added at the access drive to the site. All silt fence shall be removed upon completion of construction. All of the utility lines within the development will be considered private and will require permits and inspections through the City's Building Department. Prior to any development after Phase I, a second access point to the site is required at the intersection of Trunk Highway 41 and West 78~ Street. The building is required to have an automatic fire extinguishing system. The building must be of Type .I, II-F.R., II one-hour, 111 one-hour or Type IV construction. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Detailed construction and occupancy related requirements cannot be reviewed until complete plans are submitted. The owner and/or their representatives shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that the fire hydrants can be quickly located and safely operated by firefighters. Pursuant to C~nhassen City Ordinance #9-1. Fire lane signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for exact curbs to be painted and exact location of fire lane signs. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy ~5-1991 and Section 904-1 1997 Minnesota Uniform Fire Code. Required access. Per 1997 Uniform Fire Code Section 902.2.1 fire apparatus access roads shall be provided in accordance with Section 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the 26 City Council Meeting -August 27, 2001 building or facility. See also Section 902.3 for personnel access to the building. Exception #1. When buildings are completely protected with an approved automatic fire sprinkler system the provisions of Section 902.2.1 and 902.2.2 may be modified by the chief. Exception g2. When access roads cannot be installed due to location on property, topography, waterways, non- negotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001.9. Snmmary: because oft. he topography and non- negotiable grades and wetland alterations, in lieu of fire apparatus acc~s roads, the fire department will allow the site plan as submitted with the addition of the fire department standpipes to be located in areas so designated by the fire department. These fire department standpipes will be equipped with 2 ½ inch outlets. The fire sprinkler C. OlRra~torg bidding the project should be made aware of the fact that standpipes will be required even though the fire code does not require standpipes. The architect must contact the Chanhassen F'tre Marshal for the number of and locations for the standpipes. 33. When fire protection, including fire apparatus access roads and water supplies for fire protection is required to be installed, such protection shall be installed and made serviceable to and during the time of construction. Fire apparatus access roads shall be designed and maintsined to support the imposed loads of fire apparatus and shall be provided with the surface so as to provide all weather driving capabilities. Pursuant to Section 902.2.2.2 1997 Uniform Fire Code. This access road shall be made serviceable and maintained prior to construe'don. Submit plans for road design to the City Engineer and Chanhassen Fire Mamhal for review and approval prior to permit being signed by the Fire Marshal. The fire hydrant shown On page C-501 will need to be re-located a short distance. Contact Chanhassen Fire Marshal for exact re-location of hydrant. 35. The developer will be responsible for a portion of the cost of the future traffic signal at the intersection of Trunk Highway 41 and West 78th Street. 36. The City may require the applicant to provide alternate traffic demand strategies e.g. carpooling, scheduling, traffic, police, shuffle, etc. (This shall include coordinating activities with the adjacent uses including Camp Tanadoona and the Minnesota Landscape Arboretum.) 37. The applicant shall consider improving pedestrian movement by adding sidewalks on the southeast islands of the western parking lot. And adding sidewalks north of the turf area to the east to connect with the mowed trail. All voted in favor and the motion carried unanimously 4 to O. Councilman Peterson moved, Councilman Boyle seconded that the City Council approves Wetland Alteration Permit to alter and fill 32,315 square feet (0.74 acres) of wetlands subject to the following conditions: 1. All applicable plan sheets shall be modified to incorporate the revised wetland boundary. , Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall submit a complete wetland replacement plan that includes a wetland monitoring plan. 27 City Council Meeting - August 27, 2001 3. Thc City shall approve a wetland replacement plan prior to any wetland impact occurring. 1 The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. . A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around all existing and proposed wetlands. (Those buffers proposed to be counted as PVC shall maintain a minimum width of 16.5 feet). , Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of city staff, before construction begins and shall pay the City $20 per sign. 7. All structures shall maintain a 40 foot setback from the edge of the wetland buffer. 8. The proposed culverts under the southern road embankment shall be installed at grade. , Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used for mitigation credit ad storm water ponds. 10. Type 111 sift fence shall be provided adjacent to all wetland fill areas, areas to be preserved as buffer, or if no buffer is to be preserved, at the delineated wetland edge. 11. Any disturbed wetland areas shall I~ rese~xted with MnDot' seed mix 25A or a similar seed mix that is approved for wetland soil conditions. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and Army Corps of En~neers and comply with their conditions of approval. All voted in favor and the motion carried unanimously 4 to 0. COUNCIL PRESENTATIONS: COUNCIL/COMMISSION LIAISON UPDATE. Councilman Ayotte: We got 2 new commissioners on the Environmental. Acting Mayor Labatt: I will say that Ms. Henkens from the Environmental Commission, we had a neighborhood block party in our neighborhood and she was there with an environmental display. Composting information. It was kind of neat to see her there with that stuff. So that' s from the Environmental Commission. Councilman Boyle: I've got Senior Commission and no update. Acting Mayor Labatt: Craig, you're off and Park and Rec was cancelled so that's it from me. Mr. City Manager. ADMINISTRATIVE PRF_3ENTATIONS. 28 City Council Meeting - August 27, 2001 Todd Gerhardt: The only update I had for you is that we'll be on the vacation the rest of the week. Acting Mayor Labatt: Wait a minute, walt a minute. Didn't you put a clause in that employment agreement? Todd Gerhardt: Is this a great job or what? So if you have any questions or concerns please call Bruce. He knows how to get a hold of me. He's going to be in charge this week while I'm gone and that's all I have. I did put information in the administration section. If you have any questions give me a call. Councilman Ayotte: I'll call tomorrow but the generator thing on Lotus, any movement on that thing? Todd Gerhardt: Yes. The generator, we do have a temporary construction easement. We have clear cut some of the trees to get the generator back there. We are taking quotes from the electrical contractors. We hope within the next couple of weeks to have that wired. Councilman Ayotte: Good, thanks. Acting Mayor Labatt: Nothing else? Bob Generous: Mr. Mayor, ifI may a point of clarification. On the motion for the church's site plan there were, in the staff report we have the 2 bi, or the one story height variance and there's also a 2 bi foot height variance... (There was a tape change at this point in the discussion.) Acting Mayor Labatt: Boy, if nothing else, Todd congratulations on your appointment again. Todd Gerhardt: Thank you. Acting Mayor Labatt: It will be a pleasure to work with you. Councilman Boyle: And have a nice vacation. Councilman Peterson: Bring some cake with you. Councilman Ayotte: I'm not going to hear the end of that. I asked you guys. Acting Mayor Labatt: Okay, can I have a motion to adjourn. Councilman Peterson moved, Councilman Ayotte seconded to adjourn the City Council meeting. AH voted in favor and the motion carried. The meeting was adjourned at 8:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 29 C YOF PO l~x l4? Minnaot~ 55517 952.95Z1900 952937.5739 952.93Z9152 952.934.2524 TO: FROM: T~ld ~t, City Richard Rice, Information Services Coordinator DATE: September 5, 2001 Award of Bids for the Replacement Telephone / Voicemail System For City Hall, Public Works, Recreation Center, and Main Fire Station. Staff requests the City Council award the replacement contract for the telephone replacement project in the amount of $77,376.31, to McLeodUS.4, This bid is the culmination of a large project in which the city changed its prima~ telephone vendor to KMC Telecom in order to use their fiber optic lines for voice and data communication between city hall, public works and the recreation center. The purchase of this telephone vjftem will complete the process. This purchase was budget in the 2001 CIP as item. EQ-014 in the amount of $115,000. This total includes some necessary rewiring and equipment in all of the buildings in order to in~ect the telephones and the local area network. Bonds have been issued for the 2001 equipment ptuchases which includes this project Bids for the project were opened on Monday, August 13m. Seven bids were received from five vendors. The RFP allowed for alternate bids to either reuse existing equipment or refurbished equipment. The bids are mmammized below. Vendor Bid Alternate Bid McLeodUSA $ 77,376.31 $ 76,889.65 Eschelon Telecom $ 85,414.00 $ 76,940.00 Dell Corem $ 84;628.00 N/A Inter-Tel $ 86,48.6.00 N/A Communications World $ 95,710.00 N/A The lowest bids for both primary and alternate pm~sals were received from McLeodUSA. The cities of 1V[innetonka, SL Anthony and Ramsey were given as references for McLeodUS~ Each was contacted and gave favorable revi~ to this vendor. The alternate bid proposals from Eschelon and McLeodUSA, which reused some existing handsets, were not significantly different from the lowest primary bid. Given a $500 difference for all new equipment rather than reusing existing phone sets, staff recommends accepting the primary bid and rej~ alternate 1. CAPITAL PLAN City of Chanhassen, MN 2001 thru 2005 t'roJm# EQ-014 Project Name Telecommunication Purchases/Upgrades Contact Department Major Equlprn~t ~ ~uyroent Useful Llf~ Priority n/a I · Description , Involves ',he purchase of replacement telephone equipment and uanspon utlllles required to Interconnect City Hall, Public Works sad the Recreation Center. Items were reviewed by the 1999 I.T. Task Force. Phase I fiber build has been recommended by both the Task Force and the Clty~ consultant. All proJec~ pheses are subject to modifications by the City Manna~ and Department Heads. THIS PROJECT IS ON HOLD PENDINO FURTHER REVIEW AND APPROVAL BY THE CITY COUNCIl. Justification The City Hall phone system Is operating at capacity. No additional phones can be added without a significant Investment to expand the already-out_da_ted itechnolo~,. Migrating the City's phone services to one central location over a private municipal fiber allows for consolidation of all Incoming lines, gren~ flexibility in response to Incoming calls and thc eliminations of monthly line charges for both voice nad data. Phone switching equipment In Public Works and Recreation Center could be replac~ with new equipment that operates directly from the City Hall switch ~ ATM la Implemented. Prior Expenditures 2001 2002 2003 2004 2005 Total I 118,000 J EqulpNehicles/Fumlshlngs 115,000 9,000 9,000 9,000 9,000 151,000 Total Total 115,000 9,000 9,000 9,000 9,000 151,000 Prior Funding Sources 2001 2002 2003 2004 2005 Total [ 118,000 J Capital Replacement Fund 115,000 9,000 9,000 9,000 9,000 151,000 Total Total 1t5,000 9,000 9,000 9,000 9,000 151,000 , Operational Impact/Other The Ci~ would Incur additional maintenance charges on thc ATM i'mrdw~e. 2O ~L~dUSA akmr Road, Sui0= 475 ]m~on~ ~ 55345 (612) 930~400 (612) 93CL4455 AGRI~E~ Bob L~dm Custom= Name (~mlbr~d m as ~0rl'lr i'rlLM DgqOm~rlON UNIT PRI(~_ R~r PRI_C~_ 2 550.1300 Cabin~-~Axxe~ Card Cabin~ $233.89 $467.78 2 550.0110 Axxess Pow= Supply (9 AMP) $447.73 $895.46 1 813.1576 Card Cabix~Expan~on Cabl~ $16.71 $16.71 -. 1 550.9037 ~ V5.1 CPU 256 $1.871.10 $1.871.10 1 827.9024 Axxess 5.1 MF-Rat~I Non-N~xking 100-Unit $1.871.10 $1.871.10 Pal 1 550.2600 Card, Axx~ OPC Card $350.83 $350.83 1 827.1020 DSP Soth~m K~ (PAL) 4 DSP onOPC $320.76. $320.76. 3 834.2566 Axx~s Digital Silg~l-Proc~ssor DSP% $66.83 $2(X).48 - 1 550.2300. Caxd, Axxe~ LSC 4 Cix~t LOOP'Start Card $233.89 $233.89 1 550.2740 AXXESS T-1/E1/PRI CARD $1.536.98 $1.536.98 1 827.8877 CARD, PRI s]~r'UR1TY PAL FOI~ ~1 $668.25 $~8.2.5 ~ " 5 550.2255. $628.16 $3.140.78 2 550.2116 $1.236.26 $2A72.53 1 550.0116 $200.48 $200.48 2(5900.0'Z20 . $46.04 $1.196.91 CARD, AXXESS DKSC 16+ Card, Axx~ PCBA SLC16 Pow= Supply 72V PHONE, IN'r~_.K'riIL 3 B~ON ' ~ B~ ~ V~ T~- P~ ~ ~ V~ T~nl ~ ~-~-s) ~ ~ ~~OL 730.4~ ~ ~ ~ 2 520.4300 $14830 $297.00 7 550.4400 $197.13 $1.379.94 62 550.4500 $284.01 $17,608.39 1 550.2260 $1.095.93 $1.095.93 21 770.4500 $531.26 $11,156.43 1TRD 1PRMO 1 PROMO ($3,600.00) ($3,600.00~ Imtallafiom $10,983.00 Total Investment (Excluding tax):. $54,364.69 submitted to ~USA. a~ a security deposit along ~ this' agreeammt. ~USA 929 B ake~ Road, Suite 475 -~MinneWnka, MN 55345 'h~: (612) 930-4400 (612) 930-4455 AGREEMENT August 8, 2001. Sa~e~ Perr~rn: Bob Lyke City of Chanhassen Voic Ma/1 system Cit,/ Stnm z¥ C.~Je ~ Nmnber Ctmtom~' Coronet IMASA agre~ to sell and Customer agrees to purchase from MaLeodUSA the equipment listed below, in accordance with the - following conditions: Scope of Projec Axxessory Talk NT Voicemail system w/th I00 u~r Level III license and 4 port Fax board. OTY ITEM DESCRIPTION UNIT PRICE EXT PRICE 1 550.5223 $8.353.13 $8.353~13 Voice M4}l, Axxessor~ Talk NT 12 Port Package 827:8951 A.XXES TALK ~ LVL ITl 100USER $5.596.59 $5.596.59 LICENSES  -1 550.5125 AXXESSORY TALK 4-PORT FAX BD 1 900.0662 Battery. Back Up SU700XL  i 900.0664 - Battery Pk - 700XIJ1000XL- SU24XLBP Installation: ~ (Excluding tax): Total Investment - ($6,603.28submitted to M~USA as a security deposit along w/th this ag~eament. $3.564.00 $3364.00 $807.~4 $8O7.84 $417.66 $417.66 $3,272.40 $22,011.62 ($15,408.13 plus axes and any additions authorized by your company will be due and payable upon equipment delivery. -Dialtone circuits must be installed and active within 15 feet of thc location of the phone system. Labor to bring dialtone into thc suite will be ed on a time and materials basis unless.oth~"wise noted above in this agreem~t. yr warranty pails and labor on the above listed equipment is included in the purchase price of this system. A maintenance agreement -can be PurCh~ at this ~me to extend the wan'anty an additional year. Subsequent years will automatically renew and you will receive an $ pdated maintenance agreement during the 12th month for your approval. The price to extend the warranty additional year at this time is. 1,450.00 Installa tnsm~tiou State '. Installation Z{p Code City of Chanhassen AGREEMENT August 6,2001 Sales Person'-- Bob Lylm . cope of Projec Now equipmeu~ u'ade in exiliulg_reuse e~r, is6ng wtmm poaibl~ - 54 550.4500 Phone, ~ve Digital'Voice T=min~l $/84.01 $15.336.34 2 550.2260 AXXESS INTHRNET PROTOCAL KHY~ $1.095.93 $'2.191.86 CAm) 21 770~500 AXXESS INTEI~ET PROTOCOL $531z2fi $11.687.69 Axxess 5.1 MN-Rat~ Non-Netw~king 100-Unit Pal lustallafio~-- " · Total Investme,~ (Bxcluding tax): 1 TRD ($1.600.001 ($1.600.001 1 827.9/124 $1.871.10 $1.871.10 $6.342.00 $35,828.99 ;10,748.70 submitted to McLeodUSA as a security deposit along with this agreement. taxes and any additions auIhofiz~ by your company will be 4,~e and payable .upon equipmeat d~i~. circuits mustb~insmlled and active withl- 15 feet of th~ l~ of the phone ~ Labor to bring ~intoti=mfit~willb8 on a time and matn4als basis unless o~ noted above in this a~ yr wnnanty covering parts nnd labor on the nbove ~ equifeneat is incl-,~,-d in the pttrchsme price of this ~ystezm A mnint~mn~e · Bob Lyk~ Nsm~ smi Tllle lnn~nn~on City C~ of Chm'~hn~al 'City of Chanhassen / Bid two RFP Response-new equipment, re use some existing with 2 year warranty Telephon~ system Voice Mail system $35,828.99 $22,011.62 Total $57,840.61 Maintenance year one Maintenance year two Maintenance year three Maintenance year four . Maintenanc~ year five Total cost over five years $.1,400.00 $1,400.00 $5,416.45 $5,416.45 $5,416.45 $76,889.65 Detail follows, warranty covers parts and labo~ 24 hour per day,~7 days per week. PURCHASE AGREEMENT Page 1 August 7, 2001 Equipment to be installed at: CITY OF CHANHASSEN 690 City Center Drive C3aanhassen, MN 55317 (952) 937-1900 INTER-TEL AXP~$$ 91GITAL TE~_PHONE SYSTEM WITtt AXP~$$12 PORT NT VOICE PR 0 CE$$1NG UNIT I Axxess KSU with CPU512. Includes (1) cabinet, 9 amp power supply, external modem with a TKM-6 switch, V5.2 software and PCM-F memory card with additional memory kit. Provides 8 dedicated channels to Voice Processing Unit, 3 RS232C links, 1 T-1 network clock and 1 external page port. 1 Axxess 7-slot PBX expansion cabinet with 9 amp power supply, CPU020-X card, PCM-F card, CPU512 Slave software and I Fiber-optic 10' cable. 1 Additional page port included. 1 Axxess 7-slot PBX expansion cabinet with 9 amp power supply and PBX Expansion Cable. 1 5.2 Security PAL, 75-Unit MF 1 2 additional Digital Signal Processors (DSP) and software key for three DSPs on OPC I Axxess Options Card. Includes software, 1 DSP, 1 RS232C link and up to 24 dedicated channels for Voice Processing Unit. 1 T-1 card. Includes onboard CSU and auto gain control. I PRI security PAL. Required to release PRI functionality on T-1 card. 1 Axxess DKSC-16+, 16 circuit digital phone card, includes DSP for 10 switched speakerphones. 9 Axxess AKSC, 8 circuit analog card. 2 SLC-16 Single Line Card. Requires' power supply I Power Supply for up to four (4) SLC-16 cards 3 IP 8 circuit keyset card. Does not include additional wiring to connect to CP. LAN. Bandwidth requirements: Each phone operates at 1 kb. during the idle state and 30 kb when on a conversation. Connectivity: Each IP PhonePlus card requires (1) 10baseT, RJ-45 connection within. 325 cable feet from hub. Requires customer MIS staff or customer contracted MIS support during installation. MIS needs to be knowledgeable on customer network configuration and IP addressing scheme. If not provided, additional charges will apply. 22 IP PhonePlus with power supply. Requires power from LAN/VVAN or through power supply. Also requires router as needed per network design. Does not include labor or additional wiring to connect to CP LAN. 1 Axxess PCDPM for RS232C link from terminal for connection to DSS units, MDPM and programming terminal. 6 Executive Display Phone. Features 6X16 charecter context-sensitive LCD, full-duplex speakerph0ne and digital volume controls 2 Direct Station Selector module. Features 60 DSS/BLF and/or feature keys. 1 Axxess 12 Port Voice Processing Unit Package with Windows NT. Includes pentium PC, keyboard, monitor, network Interface card, mouse, Windows NT 4.0, CD ROM and 5 user Unified Messaging Software license. Installation of Unified Messaging Software must be done with the installation of the voice mail system, otherwise additional charges will apply. Customer to provide primary domain controller. 1 Inter-Tel Axxess Telephone/Voice Mall Administrative Training. Includes (1) Axxess software and documentation. Maximum of 2 people to be trained. Requires Intemet Explorer 4.0 installed on computer and customer to sign release agreement. 6160 Golden Hills Drive · Goldea Valley, IVli.n__~t~ 55416 * ~' 763-7~ * Faa/m~' 763-553-2724 PURCHASE AGREEMENT Page 2 August 7, 2001 Equipment to be installed at: CITY OF CHANHASSEN 690 City Center Drive Chanhassen, MN 55317 (952) 937-1900 iNTER-TEL AXXESS DIGITAL TELEPHONE SYSTEM WITH AXXESS 12 PORT NT VOICE PROCESSING UNIT 119 1 4-Port fax card. Adds fax capability to voice mall system. 1 Inside Track Plus. Inside Track V2.2 and Inside Track Scheduler bundled. Includes software and Applications CD ROM. Includes maximum of 2.5 hours of training. 1 Minuteman Enterprise E2300. 2300VA-1380W 120 VAC true sinewave, extended runtime UPS. Scalable unlimited run time via external battery packs. L6-30P input plug. Provides (7) 5-15R fully protected outlets and (1) surge protected only outlet. 1 Minuteman Enterprise BP-2 26 Premier 7030 single line telephone. Includes tap, message waiting light, hold, redial, data port and 10 speed dial buttons. Natural color. Activate system jack during normal business hours. NOTE A: Agreement includes normal business hours installation. If after hours installation Is required,' Additional charges will apply. NOTE B: Agreement includes reusing existing wire and jacks. If existing wire and jacks cannot be roused, Additional charges will apply. NOTE C: Agreement includes a two year parts and labor warranty. NOTE D: Please see "Addendum A" for purchase options. NOTE E: Agreement includes reusing 65 customer provided Inter-Tel analog telephones. $76,940.00 Investment, with terms as follows: $23,082.00 Down Payment, $38,470.00 Upon delivery, $15,388.00 Upon completion, p/us tax. ANY ADDITIONS TO THIS CONTRACT WILL BE BILLED AT STANDARD TIME AND MA TERIALS RATES, THESE ADDITIONS WILL BE PRESENTED TO THE CUSTOMER ON AN ADDITIONS/DELETIONS FORM TO BE APPROVED PRIOR TO COMMENCEMENT OF THE WORK. RESTOCKING CHARGES WILL APPLY TO ALL SPECIAL ORDER AND CUSTOMIZED PRODUCTS. SUBJECT TO CREDIT APPROVAL BY ESCHELON TELECOM, INC. (HEREINAFTER THE 'coMPANY') AND ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT, THE CUSTOMER AGREES TO PURCHASE THE ABOVE. EQUIPMENT FROM THE COMPANY AT THE PRICES AND ON THE TERMS SET FORTH HEREIN. Customer agrees at their own cost, to provide a dedicated electrical outlet and, If necessary, a company-specified AC line conditioner. This proposal may be withdrawn by Eschelon Telecom, Inc. If not accepted within 30 days. (]ca)(001526)(Axxess reuse P) ESCHELON TELECOM, INC. Accepted (Firm Name) Customer Signature and Title Date Signature and Title ~' ,/7/O / 6160 Golden Hills Drive · Golden Valley, Minnesota 55416 · T~/~pho~' 763-7~ * Faar/nd/r 763-553-2724 PURCHASE AGREEMENT Page 1 August 7, 2001 Equipment to be installed at: CITY OF CHANHASSEN 690 City Center Drive Cl~mhn~en, MN 55317 (952) 937-1900 INTER-TEL AXXESS DIGITAL TELEPHONE SYSTEM WITH AXXESS 12 PORT NT VOICE PROCESSING UNIT ,~ 1 1 1 I Axxess KSU with CPU256. Includes (1) cabinet, 9 amp power supply, external modem with a TKM-6 switch, V5.2 software and PCM-D memory card with additional memory kit. Provides 8 dedicated channels to Voice Processing Unit, 3 RS232C links, 1 T-1 network clock, and 1 external page port. 1 Axxess 7-slot PBX expansion cabinet with 9 amp power supply and PBX Expansion Cable. 5.2 Secudty PAL, 75-Unit MF 2 additional Digital Signal Processors (DSP) and software key for three DSPs on OPC Axxess Options Card. Includes software, 1 DSP, 1 RS232C link and up to 24 dedicated channels for Voice Processing Unit. 1 T-1 card. Includes onboard CSU and auto gain control. 1 PRI secudty PAL. Required to release PRI' functionality on T-1 card. 5 Axxess DKSC-16+, 16 circuit digital phone card, includes DSP for 10 switched speakerphones. 2 SLC-16 Single Une Card. Requires power supply 1 Power Supply for up to four (4) SLC-16 cards 3 IP 8. circuit keyset card. Does not include additional 'wi. ting to connect to CP. LAN.. Bandwidth requirements: Each phone operates at 1 kb; dudng the idle state and 30 kb when on a conversation. Connectivity: Each IP PhonePlus card requires (1) 10baseT, R J-45 connection within 325 cable feet .from hub. Requires customer MIS staff or customer contracted MIS support dudng-installation. MIS needs to be knowledgeable on customer network configuration and IP addressing scheme. If not provided, additional charges will apply. 22 IP PhonePlus with power supply. Requires power from I_AN/VVAN or through power supply. Also requires router as needed per network design. Does not include labor or additional widng to connect to CP LAN. 1 Axxess PCDPM for RS232C link from terminal for connection to DSS units, MDPM and programming terminal. 62 Executive Display Phone. Features 6X16 character context-sensitive LCD, full-duplex speakerphone and digital volume controls 2 Direct Station Selector module. Features 60 DSS/BLF and/or feature keys. 7 Standard Display Phone. Features 32 character LCD, speakerphone capability and digital volume controls. 2 Basic Digital Phone. Features speakerphone capability and digital volume controls. 1 Axxess 12 Port Voice Processing Unit Package with Windows NT. Includes pentium PC, keyboard, monitor, network interface card, mouse,.Windows NT 4.0, CD ROM and 5 user Unified Messaging Software license. Installation of Unified Messaging Software must be done with the Installation of the voice mail system, otherwise additional charges will apply. Customer to provide primary domain controller. 1 Inter-Tel Axxess Telephone/Voice Mail Administrative Training. Includes (1) Axxess software and documentation. Maximum of 2 people to be trained. Requires.lntemet Explorer 4.0 installed on computer and customer to sign release agreement. 6160 Golden Hms Drive · Golden Valley, l~nn~ 55416 .* ~' 763-74.5.8000 * F/m/sd/~' 763-553-2724 PURCHASE AGREEMENT Page 2 August-7, 2001 · Equipment to be installed at: CITY OF CHANtt2tSSEN 690 City Center Drive Chanhassen, MN 55317 (952) 937-1900 INTER-TEL AXXESS DIGITAL TELEPHONE SYSTEM }FITH ~LEXESS, 12 PORT NT VOICE PROCESSING UNIT 119 1. 4-Port fax card. Adds fax capability to voice mail system. 1 Inside Track Plus. Inside Track V2.2 and Inside Track Scheduler bundled. Includes software and Applications CD ROM. Includes maximum of 2.5 hours of training. 1 Minuteman Enterprise E2300. 2300VA-1380W 120 VAC true sinewave, extended runtime UPS. Scalable unlimited run time via external battery packs. L6-30P input plug. Provides (7) 5-15R fully protected outlets and (1) surge protected only outlet. 1 Minuteman Enterprise BP-2 26 Premier 7030 single line telephone. Includes tap, message waiting light, hold, redial, data port and 10 speed dial buttons. Natural color. Activate system jack during normal business hours. NOTE A: Agreement includes normal business hours installation. If after hours installation is required, Additional charges will apply. NOTE B: Agreement includes reusing existing wire and jacks. If existing wire'and jacks cannot be reused, Additional charges will apply. NOTE C: Agreement includes a two year parts and labor warranty. NOTE D: Please see "Addendum A" for purchase options. $85,414.00 Investment, with terms as follows: $25,625.00 Down Payment, $42,707.00 Upon delivery, $17,082.00 Upon completion, plus tax ANY ADDITIONS TO THIS CONTRACT WILL BE BILLED A T STANDARD T/UE AND MA TERIAL8 RATE$, THESE ADDITIONS WILL BE 'PRESENTED TO THE CUSTOMER ON AN ADDITIONS/DELETIONS FORM TO BE APPROVED PRIOR TO COMMENCEMENT OF THE WORK. RESTOCKING CHARGES WILL APPLY TO ALL SPECIAl_ ORDER AND CUSTOMIZED PRODUCTS. SUBJECT TO CREDIT APPROVAL BY ESCHELON TELECOM, INC. (HEREINAFTER THE 'COMPANY') AND ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT, THE CUSTOMER AGREES TO PURCHASE THE ABOVE EQUIPMENT FROM THE COMPANY AT THE PRICES AND ON THE TERMS SET FORTH HEREIN. Cuetomar agrees at their own cost, to provide a dedicated electrical outlet and, If necessary, a company,specifiEd AC line conditioner. This proposal may be withdrawn by Eschelon Tel~t, om, Inc. If not accepted within 30 days. (]ca)(001526)(Axxess new P) Accepted (Firm Name) Customer ESCHELON TELECOM, INC. Signature and Title Date Signature and Title 6160 Golden Hills Drive · Golden Valley, Minnesota 55416 · T~/60kost.' 763-745-80(~ · Fac~imil&' 7&3-553-2724 ATTA(~HMENT 1 ? ~ 16 circuk Diahl Terminal C~rd wifh ~ m drivu 16 Eulmm:! Spmka3~m, 4 Cslh'-ID receivm, 4 D'rMF ~ 16 + (550.2200 er 550.2255) R~luh. una~ R~luins me circu~ m DKSC 8 (r 16 + (55O.220O or 55O.2255) volumo contzu~ ~ ~ ~ h ia~ cmne~ to PCDPM or CDI'VA module. Req~temea~: Req~ me dn:uit m DKSC 8 er 16 +(550.2200 or 550.2255) I]qTER-TEL F~aonll Computer Dm Porf Module ('I~PM) lflclmles limited vmion of Detk Top DSS ~ 2 S50.4200 iequtrun~ts: 1 ~qu~d per 8 lP ~ Visit our website @ www.dell-comm.com 4860 Mustang Circle * Mounds View, MN 551'1'2-1548 · (763) 783-0035 · Fax (763) 783-0896. LIc # CC00218 812 South 18th Street · Bismarck, ND 58504-6152 * (701) 222-2887 * Fax (701) 222-2926 Lic # 20369 Class A 521A 15th Street North * Fargo, ND 58102-4270 · (701) 235-7280 · Fax (701) 235-7082 LIc #20369 Class A 1015A North 51st Street · Grand Forks, ND 582'03-1881 * (701) 780-2086 ° Fax (701) 787-0029 LIc # 20389 Class A 1141 Rand Road, Unit C · Rapid City, SD 57702-8003 * (605) 343-6181 · Fax (605) 341-9301 523 North Kiwanis Ave., Suite 102 * Sioux Falls, SD 57104-2520 · (605) 333-9945 * F. ax (605) 331-4540 I=Fi'II& A Fmnlnv~lr ATTACHMENT 1 INC. IP Phon~Pl,,- Proton. Fea~'~ 6x 16 chal~r ~- Ra:iuiraueaU: Ra:luim~ one dmuit oD ~K: 8 ($~0.2260). A.l~o mqufr~ routor u n,~ded i~' nctwo~ d~n. Oviay not b~ none~mary ~or homo uw~). Call S~lee Enltne~inl~ fbr mare I 550.5125 I UP8 Modem Kit ~ncluda ze. ady-to-go mod=n and cable~ 12 PORT PACKAGE - Voice proeeulng Wlndow~ NT Platform with Un.ed Meu~gfng e~pabllity Includes: - $ Uw I. cvd I Unifl,~i Mes~ing, - VPC Card (4 & 8 Port), at leut 165 hours of - 1 PC (P~ntium Proce~ar-Wlndova NT 4.0 Work~t~ion with Didr.-tt~ ~nd documentation - Nctwork Intcrf~ cerd. R~quiremenLs: Must hav~ W'mdows NT certified technician registered with Inter-Tel for p~rchaso ~cl (Contact Jnter-Tel University for certific~ion doteils.) 4-port f~x card Kequh'ement*: A~ required ~m' fex~n{ C~l~bility 8URGE PROTECTION ~U?~0XI. NET+ 2-SU24XLBP Equipment cost: Ji.,~#:Uo~VProgrimlng/rmlnlnF:l I oral Cost Of lns~lled sy .m: Opdon Option $71,02B.00 [ $1~,M0.00 TaxI Attendant CorllOll. add $1,12~00 plua InitilL T-1 card vdth PRI. idd SZ,4T~.O0 plun Inatall Visit our website @ www:dell-comm.com 4860 Mustan~ Circle · Mounds View, MN 55112-1548 · (763) 783-0035 · Fax (763) 783-0896 Lic # CC00218 812 South 18th Street · Bismarck, ND 58504-6152 ,-(701) 222-2887 · Fax (701) 222-2926 Lic # 20369 Class A 521A 15th Street North · Fargo, ND 58102-4270 · (701) 235-7280 · Fax (701) 235-7082 LIc# 20369 Class A 1015A North 51st Street · Grand Forks, ND 58203-1881 · (701) 780-2086 · Fax (701) 787-0029 Lic # 20369 Class A 1141 Rand Road, Unit C · Rapid City, SD 57702-8003 · (605) 343-6181 · Fax (605) 341-9301 523 North Kiwanis Ave., Suite 102 · Sioux Falls, SD 57104-2520 · (605) 333-9945 · Fax (605) 331-4540 '.' EEO/AA Employer 22 7 2 62 1 2 SCHEDULE 1 EQUIPMENT ITEMIZATION AND SYSTEM FK~A. TURES ~ Veni~ 5.2 DUAL EQ~ CAB]NET SYKI'EM ' 12~-Unit Sonwnre Key (PAL) Nmmdrin~ Axxess W.2 MF-Rnmt ~ ~ Feature - 2 PAL Un,ts) System OAI Events (Prnuium Fentu~ - 30 PAL Units) Mu~,.~ Suppo~ ~ Featt~) srs~n oM ~rd ~ CaU Contmt ~ ~;entt~ - ~o PAL u ~ Ro~ S~l~ion ~ Feature - Z PAL Units) Autotnn~ Call Distn'lx~ion Hunt Omu~ (Pmmimn Featnm - Annlog Voiee Marl Htmt Oroups ~ Fezmm - 5 PAL Unit A~ H~ ~ F_~_~ -~ - 5 PAL Uai~) ~ CO ~ ~ F~ua~ - 7 PAL l~cord-A-Call (Prem~ Fealme - 10 PAL ~ Fo~~ (Premi~ F~- 3 PAL ~ OPC Op~io~ C~d (wi~ DSP) ~A~: ~ ~1 ~ T~ STA~ON D~I~ ~ (1~ ~) ~~ ~S: ~~~(4~) ~T-1/E~~ 1~54~2 3.282.87 20.2O 1,057.47 434.82 15,147.74 2,333.97 550.04 135.9g 573.10 3,912.24 213.67 4,127.5S 3,6g0,14 310.53 1,792.17 APPROVED AND ACCEFrED BY bms~-Td 1 7 22 62 1 2 1 1 1 1 1 Axxess Basic and Standard Digilal Voice Temfinal Ouide Power Supply for IP Terminal (770.4:500) or It' Single Line Ada Axxess Executive Digital Voice Terminal Gu/de Modem Kit Axxess Basic and Standard Digital Voice Terminal (hide Axxess Adminislzator's / Owner's C. mide Mi~dl Call .4,~x~-ntin~ 500 stations 682.02 .- 659.39 5,688.86 : 2.66 1T/.50 :' · 23.55 '. 294.67 : .76 : 5.70 3,~.1.4.73 - 211.55 ': ': 8;-879.14 : APPROVED AND ACCEPTED BY Caah~~ ~ S~rviee f~r One (l).Y~r ~T~~ 0~,0) Y,~- Automated Call Distributor . Routes calls within designated departments (up to 04) utilizing regular feature phohes or remote feature phones based on several patterns of sequences including agent availability . Wrap time availability TAPI Support (Basic Telephony Service) · All telephones basic feature or remote feature are TAPI compliant . Provided tl~ough the Ethernet interface . Works with such PC software as ACT, Microsoft Outlook and gold mine to provide screen pops, autodialing and more 1.4 Itemized List of Initial Equipment IP 200 Cabinets w/modem in each for remote diagnostics and programming (Each Cabinet has 6 available card slots) each cabinet is rack mountable ($ 5,690.00 each) 2 UPS (Uninterrupted Power Supplies) (free with installed system) 2 PRI/ISDN Cards with 23 channels each (CSU built in to cards) ($ 3,000 each) 3 Analog Ports 3 Analog CO Line Ports (303 Card for lines and analog pons) ($1,400 each) 192 Digital Station Ports (*for either digital feature phones or remote feature phones) (included in base cabinet cost) 82 Digital IP Feature Phones (telephones need AC power outlet for each phone) ($ 590.00 each) 37 Remote IP Feature Phones (telephones need AC power outlet for each phone) ($ 750.00 each) 2 64 Key Digital Expansion Consoles ($ 450.00 each) Available Ports Digital Station ports available without additional card or ports added to current configuration Card slots available for later installation of'cards 54 Available CO line ports or 27 Analog.ports and 27 CO line ports 119 Tone out existin~ jacks 2 T-1 Installs Programming Instalhfion & Trainin~ $-30.00 per location $1,280.00 $ ~,2~o.o0 Total Cost for System as configured above, inc~g equipmettt, installation, programming & training $ 95, 710. O0 Warranty on Equipment: All telephone equipment is completely guaranteed for two years. If any new telephone equipment fails due to manufacturers defect it will be sent to the manufacturer for FREE repair. Loaner telephones or other equipment will be m~de available for use while equipment ~ being repaired. (This guarantee does not cover customer abuse or natural disasters. Included in Quoted Price: · Unlimited FR~E telephone .support · Unlimited FREE remote diagnostics and remote program changes · Unlimited FREE Programming changes on site for first 30 days afl~ installation · 20 hours of FREE telephone system training · FREE UPS power protection units for system cabinets · Purchase Price Guarantee (Additional equipment purchased to expand the system during the warranty period will not increase form the installation price · Software upgrades when available billable at prices ranging from $100.00 to $ ?~0.0o · Site Visits for trouble shooting problems or programming changes after first 30 days billable at the rate of $ 80.00 per hour w/haft hour minimum and a $ 30.00 trip cUarge Extended Warranty: After the two- year parts & hbor warranty expires you may contimae the exact coverage listed above for the cost of $100.00 per month on Base units and $10.00 per telephone 2.0 Voice Mail System 2.1 Inte~ated Voice Mail System The voice mail system is completely integrated in the IP switch under a patent and no other equipment is necessary. Training clasa~ will be held on site for telephone and voicemail training the week before installation lis well as follow up CITYOF CHANHA EN M'~ 55317 952.93Z1900 952.937.5739 952.937.9152 952.934.2524 TO: Mayor City Council FROM: Todd Gerhardt, City Manager DATE: September 6, 2001 SUB& Approve Resolution Calling for Preparation of a Modification to the Downtown Chanhassen Redevelopment Project Area and the Establishment of a TIF Plan for Tax Increment Fman~g District No. 8 (a Housing District) Under Minnesota Statutes, the City Council must call for the preparation of a modification to the Downtown Chanlmssen Redevelopment Project area and the establishment of a TIF Plan for Tax Increment Financing District No. 8. In the past year., the EDA and city staff have been trying to verify the financial gap created by the 36 affordable housing units within the Presbyterian Apartment development. Since our last meeting with the EDA in March, the city and Presbyterian Homes are getting closer to finding a way to keep the 36 units affordable for the next 25 years. Staff will be setting up a meeting with the EDA sometime within the next month to finalize the outstanding issues. The first step is for the City Council to call for a public hearing and the pmpm~on of a Plan. RECOMMENDA~ON Staff recommends that the City Council approve the resolution calling for modification of the Downtown Chanhassen Redevelopment Project Area and the establishment of a TIF Plan for Tax Increment trmancing District No. 8; and call for a Public ~g on November 13 at 7 p.m. CITY OF CHANHASSEN, MINNF~OTA KESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CHANHASSEN REDEVELOPMENT PROJECT AREA, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 8 THEREIN, AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN TI-W. REFOR, AND THE ADOPTION OF THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN CHANHASSEN TAX INCREMENT FINANCING DISTRICT. BE IT KESOLVED by the City Council (the "Council") for the City of Chanhassen, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on November 13, 2001, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area, the proposed establishment of Tax Increment Financing District No. 8 (a housing district), the proposed adoption of the Tax Increment Financing Plan therefor, and the proposed adoption of the Modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment District (a redevelopment district), (collectively, the "Plans") all pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of the Plans. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the Modification to the Redevelopment Plan for the Downtown Chanhassen Redevelopment Project Area, the Tax Increment Financing Plan for Tax Increment Financing District No. 8, the Modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment District, and to forward documents to the appropriate taxing jurisdictions including Carver County and Independent School District No. 112. The City Manager is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to November 13, 2001, and to place a copy of the Plans on file in the City Manager's office at City Hall and to make such copy available for inspection by the public. Dated: September 10, 2001 Adopted: ATTEST: Mayor City Manager C 0F M'uma~ 55317 Plme 952.937.1300 952937.5739 95293Z9152 952.934.2524 TO: Mayor City Council FROM: Bruce U. De,long, Finance September 6, 2001 DATE: SUBJECT: Audit Review Dave Mol and Melanie Acc, oN from BI.I=I Tautges Redpath will bring handouts and an overhead presentation to the council meeting on Monday to discuss results of the 2000 audit and the impact on operations. Thi~ is a very informatve summary of operations in all areas of city activities. ~ will highlight areas of financial perfommnce' that have improved or could use additional scrutiny. Please' bring the Comprehensive Annual Financial Report (CAFR) that was sent out in August if you have any specific questions. CffYOF ~nne~ota 55317 95Z93zIgO0 G~urd Fa 952.93Z5739 952.93Z9152 952934.2524 Web Siu u;~a d ctq~nJ~ mn. ~u TO: FROM: DATE: Todd Hoffman, Park & Recreation Director September 5, 2001 SUB J: Approve Request for Proposal Seeking Feasibility Study and Design and Consffucfion Consultant for City Trail Connectors: TH 5 at Bluff Creek; TH 5 at Riley Creek; and TH 101 South from Lake Susan Drive to Bandimere Park. The Minnesota Depamnent of Transpoztafion (MnDOT) is currently working on finishing the Highway 5 expansion and acc, ess boulevard project. This work includes pedestrian underpasses at Bluff Creek and Riley Creek. These new trails pass under both Highway 5 and the access boulevard connecting to the newly constructed trail on the north side of West 78m Street The City must now complete "city" trail connections on the south side of Highway 5 to link these underpasses with our existing trail System_ : '- The underpasses are a highly anticipated amenity among our residents. The connection at Bluff Creek will occur at the eastern boundary of the Recreation' Center and is straightforward in nature. The connection at Riley Creek is more complex due to topography and will require that a variety of routing options be investigated. It is imperative that the City dual track our-consmmtion schedule with MnDOT to ensure that these connections are mnde available soon afire' the MnDOT project is complete. Another highly sought trail project is the missing link between Imke Susan Drive and Bandimere Park. This trail would connect the city's southern trails with our northern system of trails, l~tutber justification is that this link would allow our larger community to gain pedestrian access to Bamdime~ Park, a facility in which the city has invested $2 million. This improvement is second in demand only to the Highway i01 north trail. Packaging the feasibility study and future construction of this trail along with the underpass Connectors is sound planning. All three of these proposed projects have been included in the Park and Trail 2002 Capital Improvement Program request and would be funded out of the Park and Trail Dedication fund. Attached please find a draft copy of the request for proposal seeking design and feasibility work on these three projects. Mr. Todd Gerhardt September 5, 2001 Page 2 RECOMMENDATION It is recommended that the City Council approve the request for proposals seeking feasibility studies and design and construction consultation for the following city trail connectors: TH 5 at Bluff Creek; TH5 at Riley Creek; and TH 101 South from Lake Susan Drive to Bandimere Park. September 5, 2001 gTifle~ ,,FirstName~ *!-q.~tNsmo-~ *JobTifle~ ~2ompany~ ~ddressl~ ~ddress2~ ~2ity~, ~State~ .PostalCode~, Re.' Request for Proposal for Preparation of Feasibility Study and Design and Construction Consultant Services for City Trail Connectors: TH 5 at Bluff Creek; TH 5 at Riley Creek; and TH South from Iaflce Susan Drive to Bandimere Park. Dear .Title~ .J_ats~me}: The City of Chanhassen 2002 CIP identifies the following public trail connections. Your firm is invited to submit a proposal to conduct the feasibility study and perform design and construction services for a project to complete this worlc - The study is required to: · Assess the feasibility and advisability of each trail connection. · Provide estimated project costs for all alternates identified in the study. · Provide a project schedule. Wednesday, September 05, 2001 Page 2 · Identify and prepare descriptions for any necessary right-of-way or easement acquisitions. For purposes of the proposal for design and construction services, it shall be assumed that the feasibility study will recommend and the City Council will approve the work as proposed by the CIP and listed in this RFP. Design and Construction services shall include: Perform design services including but not limited to surveying, preparation of plans and specifications. Preparation of and submittal of all permits required fi.om other agencies. · Evaluate all bids received, and make a recommendation of award to the City. · Review and approve all required shop drawings. · Prepare and recommend payment of all pay estimates. · Provide construction inspection services including supervision of testing agencies, final inspection, and certification of completion of the project in accordance with the plans and specifications. · Provide final as-built plans to the City upon completion of the project in both digital and hard copy format. Construction plans and topographic maps of the project areas are available for review in the Park and Recreation Director's office. The City will require that the most recent version of the City's Standard Specifications along with bid and contract documents be utilized. Proposal Contents Fee proposals should include presentations and meetings with the City Council and City staff. In addition to these meetings, two (2) public information meetings and weekly e-mail updates to City staff are anticipated. All proposals should also contain: · Statement of Understanding - The statement of understanding should restate in the fima's words the requirements of the project and present a description of services to be provided to successfully complete the project. · Schedule - The City desires to complete the feasibility study by November 30, 2001. Plans and specifications, including all necessary approvals should be completed no later than February 20, 2002. The proposal should include a schedule for completion of the feasibility study and preparation of plans and specifications and discussion of the firm's ability to meet this schedule. The schedule should include the presentations and meetings with City Council and City staff.' Wednesday, September 05, 2001 Page 3 · Related Experience and References - Provide a list of the proposed key personnel and their related experience. Similar information should be submitted for each proposed sub consultant. · The proposal length shall be limited to no more than 7 pages including cover letter. Evaluation Criteria and Selection Procedure Proposals will be evaluated on the following criteria: · Completeness of the proposal including a demonstrated understanding of the requirements of this project and the concerns of the City. · Qualifications and expertise of key personnel to be assigned. · Ability of the finn to perform the design and construction administration for the project with minimal involvement by the City. · Resources of the firm to conduct and complete this project in a satisfactory manner. Specifically, the ability and willingness to commit key personnel and resources. · Fees proposed for preparation of the feasibility study and performing the design, construction adminis~on and inspection duties. Proposals should be addressed to Todd Hoffman, Park and Recreation Director, 690 City Center Drive, P.O. Box 147, Chanhasson, MN 55317. Two copies of the proposal must be received by 3:30 p.m. on October 12, 2201 for consideration. It is anticipated that a not-to-excex~ mount agreement for consultant services will be awarded on Monday, October 22, 2001. If you have any questions regarding the proposal, please feel free to contact me at 952- 937-1900, extension 121 or by e-mail at thoffman@ci.chanhassen.mn.us. Sincerely, CITY OF CHANHASSEN Todd Hoffman Park and Recreation Director Attachment: 1. Location map 2. MnDOT Underpass Plans c: Dale Gregory, Park Superintendent Proposed Highway 5 Underpass "City" Trail Connectors and Construction of Trail between Lake Susan Drive and Bandimere Park 1 IN~Ii~,NAYW TH 5 at Bluff Creek Trail Connec{or II~II~Ly~ alfllvGl~( TH 5 at Riley Creek Trail Connector Li~ m TH 101 South Lake Susan Drive to Bandimere Park Trail Construction I I I I %%% ! ! Iii I I,,, - lis I ~1 /~1 I . iii I III I , , ]liNd iI '~' c~ F- Z · I I : ...... 0 ~ 6 .I J Z m m m ,mm ./ Z · 90~ 'ON 133~$ 33S k6'~6P 'V/$ 3NIqH31~ C 0F M'vomet~ 55317 952937.1900 952.95Z5739 952.93Z9152 952934.2524 MEMORANDUM Todd Gedlardt, City Manager FROM: Kate Aanenson, AICP, Community Development Direa~ 0,~~ DATE: September 6, 2001 SUBJ: Amendments to Chapter 20, Site Plan Review, PUD.and Hwy. 5 Corridor, Regarding Materials and Design BACKGROUND Over the past few years, there has been some discussion at the Council and Commission meetings regarding design standards. These discussions have included materials and what makes a community and the possibility of ~g standards for "old town." There was discussion at one time about an architecumfl review committee. With the 60 day review requirement, and an additional level of review would in~ the processing time. The staff believes the best scenario for additional standards would be to create uniform design standards. Included in your packet is the background on these discussions. The Planning Commission has spent the past several months reviewing the stan~. ANALYSIS Currently the city has design review authority in the Code in Chapter'20, Division 6, Site Plan Architectural standards, Sec. 20-116, Hwy. 5 Corridor District Architectural design standards, and through numerous PUDs, i.e. Villages bn the Ponds, Arboretum Business Park, etc. In Comparing communities who have design standards many have applied them to a specific district. They may have a "Historic Downtown" (Wayzata, Stillwater, Excelsior, Chaska), a unique development area, a hospital zone, new urbanism project, w~ · development, etc. Development in Chanhassen is typically more suburban because most of the development has Occurred in the 1980s and 1990s. Chanhassen's setting is unique in that the city does have a main street with a portion of the original development inc!nding the Dinner Theaffe and development going east on West 78~ Street. : Much of the development to Market Blvd. is typical of franchise development. The city has been able through the use of PUDs (Target, Villages on the Ponds, Applebee's and/or Tax increment financing) to enhance the design standards. A sense of place or distinct image is one important component of ~g a great Todd Gerhardt September 6, 2001 Page 2 city, "APA Conference," Seattle, WA, April 29, 1999, Sara Jane Maclennam and James Cromar. The city should ensure that the standards that are adopted reflect the character of Chanhassen and not standards of somewhere else. I believe that this is the problem with using a standard of brick or better. Many of the suburbs that have franchise businesses tend to 10ok alike. To date the city has been successful at avoiding this look. Even Office Max which is all brick was a point of much discussion because of street presence, lack of front entry on main street and lack of windows. The Hwy. 5 Corridor District runs the length of the city. It addresses the design adjacent to the highway. It is somewhat general in nature because it includes so many underlying zoning districts. The intent of the design guidelines is to take the general standards and make them more specific and apply them to all zoning districts except residential. The new standards would require the repeal of the Hwy. 5 Corridor district except for height and building orientation. Staff is recommending maintaining the standards of the corridor district such as the parking location, building orientation, and setbacks from the highway frontage roads. PLANNING COMMISSION UPDATE On August 21,2001, the Planning Commission recommended approval of the design standards. RECOMMENDATION The City Council approves repealing Article XXIX Highway Corridor Districts and replace it with the adoption of Article XXIV General Supplemental Regulations, Division 7, Design Standards as attached with the condition that the repealing and adoption occur concurrently and approval of the attached summary ordinance for publication. ATTACHMENTS 1, 2. 3. 4. 5. 6. E-mail from Charles James dated July 12, 2001 Letter from Vemelle Clayton dated August 6, 2001 Deb Kinds Design Standards comments Minutes from the Planning Commission- not available. Summary ordinance for publication. Design Standards. gAplanXka~design guidelines.doc Aanenson, Kate Pa~e 1 ofl From: Charles Wm. James [ches~tJamesco.com] Sent: Thursday, July 12, 2001 4:41 PM To: kaanenson~ci.chanhassen.mn.us Subject: [SPAM] Too IitlJe,too late ???? Kate: Thanks for inviting my Input Into the "design standards" discussion. Annie's father had a series of health events in the last 6 weeks which led to his death, so I haven't been entirely focused on work lately. I'm sorry that I was unable to meet your schedule. Now that I have finally had an opportunity to revlow the materials you provided on June 4, I am prepared to venture forth with an opinion. I applaud your efforts to wreslJe these Issues, and pa~culerly given the fact that you dearly recognize the Intangibility of "good design". I don't think a materials oriented approach is entirely valid - Frank Lloyd Wright could do more with site poured concrete than most suburban residerrlJal builders can do with all the materials available at Menards & Home Depot. Anyway, here is my suggestion for a possible approach to this conundrum: I was worldng on a project in Colorado (FLCollins ??, I don't recall) and the City had a novel system: No developer was expected to hit 100% of the code, rather points were assigned to each category - landscaping,materials,parking and Impervious ratios, et= - and if the project received a passing sum of points, it was deemed acceptable even If it used site poured concrete walls rather than bdck. Thus creativity was not squelched and yet there was a certain modicum of design standards. There must be a way to do something like this without tuming evew project Into a PUD I On all of our projects in Chan, I tried to use straight forward zoning code, no PUD, and we still took some pot shots from the Commlesion and Council - so sometimes even hard rules do not create a shorter,fairer, less complex or less arbitrary outcome. Now for the rant: In considering these types of Issues, I would rather error on the side of liberty. That in tums Involves personal responsibility and tolerance. I think people in govemment often forget that tolerance is a "two way street" because we live as Irldividuais In community. I thlnkthe community benefits when its individual membem have mom liberties rather than fewer. 0Now..after typing that sentence I experienced a bit of cognitive dissonance ..... I'm not sum history, upon a casual perusal, would support this argument but I Just need to believe that it IS tree !) Democracy is messy I Good luck, Kate ! P.S. Hi to Bob G., Todd and the crew. 7/13/01 vlotkq LOTUS REALTY SERVICES August 6, 2001 TO: FROM: Kate Aanenson Vernelle Clayton Proposed Design Standards Thank you for the oppommity to review and respond to the revised proposed standards. I will not be able to be at the Planning Commhsion meeting on August 7, when they will be discussed; however, my basic concerns remain the same as I stated at the prior meeting--although I note some changes. As you know, whereas I have concerns regarding many of the specific standards proposed, my basic concern is with the decision to consider design standards. The only rationale which I have heard for this proposal is one which seems rather curious. That rationale is this: because sta~ Planning Commission and past Councils have been criticized for conditioning the City's approval of some site plans on requirements which went beyond our Code, it was decided that then, we should add certain requirements to the Code. Two wrongs dofft make a fight, though. This criticism has been a part of the well-known Chanhassle image. Adding more standards, will give a strong signal that Chanhassen intends not only to continue the "hassle", but to give it legitimacy by ordinance. Someone suggested that it would save developer's time and fimtmtion if they knew up front what the standards are. I would guess, not effectively. In fact in some cases, developers and/or others thinking of locating here may just decide not to bother with Chanhassen and go where things are a little easier--as they sometimes claim they are doing now. If the decision to consider design standards was made based on a more ethereal rational, then let me make a couple of observations: Developer friends of mine recently made the observation that design standards tend to lead to design mediocrity. 1 From my own observation in working with different types of professionals--in this case: architects and engineers, of varying degrees of creativity. Of those architects with seemingly no creativity, I dofft believe these standards will do 551 WEST 78TH STREET · P,O. BOX 235 · CHANHASSEN, MINNESOTA 55317 · (952) 934-4538 · FAX (952) 934-5472 vloO~q anything to assure an aesthetically pleasing ~. There is much' more to good design than a set ofstand~ to be followed. Moreover and more i .mpoMant~, I believe there is every like, od that a set Of standards limits the creativity of the very good architects.- .- to have a degree of design control in order to be completed as p .lamuxL They also Work Well when a conmmnity ~nts to retain an old-town downtown look, for exhmple. Chanhassen doesn~ have an overall "look" or "character" that has been defined as its goal for all future development. In fact, one ofChanhassen's ~ is that it has a variety of shapes, sizes, mateda~ etc. So for the above reasons, not to mention the philosophy held by lots of folks that this type of government interw-mfion in the rights of property owners is not a good tlgng, I hope the proposal will be tabled inde~ly. Prol~rt~ own~'s oik'n object to staff and C~ inIerve~fion object more when there is nothing given in rettm~ Chanhassea got into a habit of asking for certain tweaks on buildings when the projects were either TIF-supported or a part of a PUD. For the owner who has received none of the benefits, it is much less pslm_~_ble. Should the Planning Commission decide to approve some set of staadard~ then I will. hope to attend the meeting of the Council when they are discussed and/or ~ the policy of having. Deb Kinds Design Standards Comments · Charlie James comment on the 75 percent rule. Staffs opinion is that this is a slippery slope what if in the city's opinion the area that the applicant was flexibility on is one of the critical or sensitive design elements. I hope that as a city we are always responsive to specific requests by developments. I believe that at. they are best handled on a case-by-case basis. · Pg 5 the Heartland building -should pick a better picture with better articulation staff agrees · Should include a title for picture of ground level description staff agrees · Page 6 glass should be listed as an acceptable material staff agrees · Page 7 page break 20-1066 have a separate page for the pictures, 20-1068 start on new page all pictures should stay with text staff agrees · Page 6 Site furnishing required "benches, tables and chairs should be required on all new plans staff agrees, street furniture should be requires whether is a picnic table bike rack etc. · Page 10 Screened view for nonpublic (ROW) not just ROW should include pedestrian views staff aggress if there is a trail around the building that the building should be screened · Page 11 #3 strengthen viable axes - axis means mainline of direction this term could be further defined · Page 12 #10 landscaping and tree removal should be consistent with section #XXV in the city code staff aggress this will be referenced . · Page 12 #la revise to state "any lot that abuts Hwy 5" staff agrees "DESIGN STANDARDS" History The city has been experiencing a si~ificant mount of new development. This developmem occurs in all forms of designs and styles. Many requests have been made to deviate from city standards. As a community, we have also begun to question our development standards. The purpose of this discussion is to: define design standards, · examine what other communities are doing, · review what regulations the city currently has in place, · analyze materials verses form and function of a building, and · explore the process of adopting or implementing standards. What is Design Review? Developing the character (de_sign) of a community is an important part of the preservation and enhancement of land values. Design' standards are one component of the city's character. Today there are a lot of choices in materials and methods. Styles and trends change and freedom of expression and individual choice conflict with the community needs and images. Material standards need to be flexible to allow for changes. Part of the character of a community is its architecture and landscape. The city's character is an important component in setting goals for design review. According to David Sucher in his book City Comforts, "Our expectations for building should be modest and realist, we are too harsh on our architects and builders. We somehow expect each new work to be novel and full of surprise. This point-of-view does not help to create amiable cities. It looks at the wrong things. People-architects included-often speak of a building and decry it as derivative or nothing special. When questioned further, they admit that the building isn't bad, really, but'it's not a great work. To wonder if a particular building is a great work is to hold it up to a flawed standard or review on two counts. First such an approach tends to overemphasize the parley visual; one examines the building as it if were a photograph on a wall and one talks of balance and composition and so on. Secondly, the very nature of the question asks one to view the building as a discrete object-isolated on its own lot - not as a piece of a city landscape. Both aspects may into the misuse - albeit ancient - Of architecture as a tool of social aggrandizement, posturing and pomposity. Such an attitude many feed the hungry maw of the architecture and design press but it does little to nourish the eye of body of the would be urban villager. Design Standards January 2000 Page 2 The great work standard is out - of scale. Something more modest is needed. More often than not, the important question is not whether some particular building is a great building. The correct standard of review is more this 'if this building were just about standard for the community, would we still want to live here.' Be realistic. Does the building follow the very few basic rules of urban design? If so, grant the permit and build it. Of course every town needs a few memorable structures of civic pride and joy: a stadium, a tower, a church or temple. But these are by practical necessity few, the majority of buildings will good solid moneymaking background buildings. It is only occasionally that a building by special use or unique site-needs to be a focal point. Our cities have a long way to go before its appropriate to use the great work standard Of architectural review for everything." (Sucher, Ci_ty Comforts. 1995, page 17) The focus of the city's character should not focus on publicly,visible facades. Character of a city includes streetscape, and street patterns, street furniture. The core of design review should be clear understanding of objectives. In most cases the objectives will be the desire to save something or the driving market forces. The design criteria should be as simple as attention to detail: · What is the use/needs (building) · Landscaping · Screen parking behind or to the side of building · Orientation of the building (street presence) and form · Materials · Mass - height, bulk, roof line · Signage "A community is the work of many architects, planning commissions, city council, developers, owners and private citizens - a whole series of composers, conductors,. performers and audiences - over a generation or more of time. It is a public art of the highest order and the highest potential." (Robert Burley, Redirecting the Theater of the Built Environment page 14.) While we examine design review, it is important not to lose focus ' on the overall character of the community. Current Regulations The right to regulate design has been legally challenged. The right to regulate is found in the Fifth Amendment of the Constitution '*Nor shall private property be taken without just compensation." In 1922, the role that is still used today given by Justice Holmes in the Pennsylvania Coal Company v. Mahon said that while property may be regulated to a certain extent, regulation that is too extreme will be recognized as a "taking." [260 U.S. 393] In 1978 the U.S. Supreme Court in Penn Central Transportation Company, et al. v. City of New York, et al. held that no taking had occurred despite the fact that the New York Design Standards January 2000 Page 3 City Landmarks Preservation Commission had denied the owners of Grand Central Terminal a certificate of appropriateness for consmmfion of a 55 - story office tower on the terminal site. The court used the following test: No taking will have oecun~ if"the restriction imposed are substantially related to the promotion of the general welfare ... and if the owner is left with a reasonably beneficial use of the site." [438 U.S. 104] The important principle of design review is the standards or guidelines. They can be arbitrary and capricious. Lawyers use "due process" to examine if the standards can be supported. Architectural controls are sometimes adopted without a design survey of the community or without well defined standards or comprehensive plan for the improvement of the community. This is not the case in Chanhassen. The city currently has design control through several different ordinances: 1. Site Plan Review division Sec. 20-106- 20-110, 2. Article VIII Planned Unit Development District Sec 20-501 501, 3. Article XXV landscaping and Tree Removal and 4. Article XXIX Highway Corridor Districts. (Please review attached sections of the city code.) The ordinances that are in place are influencing the style that currently exists throughout the community. Design Standards in Other Communities "Indeed, design review has acquired a negative image in some quarlers due to ordinances and reviews that dwell upon superficial characteristics of buildings, such as materials and colors. This is the "wallpaper" approach to design review -just make it pretty - - and does not a&dress more fundamental issues." (Hinshaw, 1995:23) Design standards are utilized in other communities throughout the United States to ensure a quality and unique community. If applied correctly, they will produce aa integrated, unique and attractive community. Basically, design standards employ basic principles rather than rigid roles such as requiring pedestrian ~s, public art and surface parking to be located behind a building. Design standa~ cover all aspects of the site f~om landscaping to facade transparency to lighting. According to several reports on design review, standards must be tailored to a specific community's history, topography and location. The intent is misguided if another community's standards are merely photocopied and adopted. The whole intent of design standards is to reverse the effects of the strict ordinances that produc~cl ubiquitous strip malls and commercial buildings throughout the country. Now one can see the same prototypical restaurant in Oklahoma City and Maple Grove. Design Review vs. Aesthetic Control Design review is different from aesthetic control. Design review attempts to reach a consensus with numerous groups of people and ideas, whereas, one group exhibits Design Standards January 2000 Page 4 authority in aesthetic control. Ultimately, as the table below indicates, requiring a certain type of exterior material will not ensure a quality product, however, creativity within set guidelines will offer the best product. Design Review Aesthetic Control Broadly-oriented Concerned with performance Embraces different solutions to criteria Values (Source: Hinshaw, 1995;4) ~ focused and prescriptive Concerned with product Utilizes rigid rules Values conformity Design Guidelines, Generally Design guidelines should be just that, guidelines. Being too prescriptive results in conformity and monotony. For instance, if Any town, USA required that all single family homes be two-story and blue in color, that would be one mundane community. Many communities believe that if they require all commercial buildings to be brick the resulting product will be attractive and high quality. This notion can be attributed to the success of historic preservation movement. In Minnesota, the majority of historic buildings are constructed of brick or stone with significant detailing. Design standards involve much more than simply materials. Requiring all buildings to be brick does not always result in high quality or an attractive building. Countless ugly brick buildings can be found throughout the country. According to ~, design guidelines should address overall site design, use of plant materials, building orientation and form, signage and public spaces (I-Iinshaw, 1995; 23). Overall Site Desig!! Site design includes access, parking, building location and acknowledging adjacent uses. That is, access for pedestrians and vehicles, not parking being the focus of the site and appropriate screening of loading areas and mechanicals. Landscap__ing Landscaping can provide screening, enhance the building and define the entrance. Building Orientation and Form Building orientation and form refers to how the developed site relates to the sidewalk, street and adjacent properties, in addition to the neighborhood. For instance, the entrance Design Standards January 2000 Page 5 of building should be pronounced, the bulk (or height) of a building should relate to adjacent buildings. Signa~e Simply, signage should be compatible. Public Spaces Public spaces should be accessible by the public and attractive to pedestrians. In addition, they should be located adjacent to commercial uses so that the public has some other reason to go there. Other Design Issues Materials and colors are important to the overall appearance of a building, however, if the landscaping and access are poorly designed, the intent of the expensive materials will be lost. Material Standards in Minnesota Communities Staff surveyed other Minnesota communities to determine the prevalence of design standards, and more importantly, if they require a certain exterior material. All 10 communities discuss materials in the stan~. APPLE VALLEY Population: 41,578 Community Type: "Second-ring" suburb; incorporated in 1969 Design Standard: Downtown Development Design Guidelines "Building design requirements are therefore general and qualitative, with limited requirements for the use of specific materials, finishes, colors, textures, specific glazing patterns or specific design style." · "The challenge of quality design relies on the use of high quality architectm'e; subject to rigorous design review." Specific Design Principles for building materials in downtown guidelines: · Color and Texture: building exterior colors must be compatible with other projects in the immediate vicinity Design Standards January 2000 Page 6 · Brick: unglazed tile, and other clay products are acceptable as primary field materials · Exterior facades of plain concrete are not acceptable, except as a small design element · Natural stone is acceptable · "Mirror" glass in either window or spandrel glass is not recommended Desigg_S___Standard: Zoning Ordinance Section A1-53. Buildin and site desig!! Required Building Materials: Commercial and industrial buildings shall have a vertical exposed exterior finish of 100 percent non-combustible, non-degradable and maintenance-free construction materials; construction materials such as sheet or corrugated aluminum, iron, or concrete block of any kin or similar are excluded. Multiple residential buildings adjacent to "R" zones or occupied "M" zones shall have a vertical exposed exterior finish consisting of at least 50 percent non- combustible, non-degradable and maintenance-free construction materials with the balance being a non-manufactured natural construction material such as plank cedar or redwood. · CHASKA P__0.pulation: 14,370 Communit~ Historical settlement with traditional compact commercial center and commercial along arterial roadways. Desi St~._~L~__~_~d: Zoning Ordinance Section 9.11. Buildin~aterials in Commercial and Industrial Districts · "...to assure that buildings in more intensely developed areas of Chaska will be of high quality in both visual and functional terms. To that end, the Section identifies permitted building materials which are durable and long-lasting and which generally present a more attractive visual appearance than less durable materials." · Architectural Design and Compatibility: "The exterior architectural appearance of the proposed'structure shall not be so at variance with the exterior architectural appearance of existing structures within the immediate area..." · Permitted materials: brick, natural stone, precast concrete units (Industrial Districts only) and concrete block, provided that surfaces are molded, serrated, or treated with a textured material in order to give the wall surface a three-dimensional character, wood with proven exterior durability; curtain wall panels of steel, fiberglass, and aluminum with permanent durable non-fade surface, and glass curtain wall panels. Design Standards January 2000 Page 7 EDEN PRAIRIE Population: 47,840 Community Type: Suburb with regional commercial located on arterial roadways Design Standards: Zoning Ordinance Section IC Architectural Standards · In commercial districts 75 percent of the exterior building finish shall consist of materials comparable to face brick, natural stone, glass · In industrial districts 75 percent of the exterior building finl.qh shall consist of materials comparable to face brick, natural stone, glass, specially designed pre cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twice, rock face · In all districts except some residential wood, stucco, vinyl, metal, plastic or a combination of all these materials, shall not compromise more than 25 percent of a building's exterior finish. EDINA Population: Community Type: 47,029 . Fully developed inner-ring suburb with commercial districts in both a dense core district and along major arterial roadways. Design Standards: Design Framework for 50m and France Aveaue Specific Building Exterior Treatments · "Along with building massing, building exterior treatment is the most important feature to lend mood and character to an area." · Use natural, "warm," "sot¥' materials - wood, brick, stone, stucco, etc. · Limit the number of materials to two per establi-qhment · "It is not the style of the building design that gives 50ta and France its character but the scale, use of materials and clustering of buildings which combine for the total effect." Design Standards January 2000 Page 8 MINNETONKA P__0_pulation: 51,607 Fully developed suburb with commercial along major arterial roadways Design Standards: Zoning Ordinance Section 300.31 Building Materials · Acceptable materials include brick, dimension stone, glass and combinations thereof · Aggregate precast concrete panels may be permitted subject to architectural review · Wood materials may be used for accent purposes and for buildings intended to be designed in a residential character and located at a transitional area in proximity to low-density residential or protected natural features such as wetland. · Metal and stucco may be permitted for limited accent use only NORTHFIELD _~9_pulation: 15,859 Out state historical settlement with compact commercial downtown district Design Standards: Zoning Ordinance Section 1350:600 Architectural Standards "All buildings shall be firfished on all sides utilizing materials which are consistent with the whole exterior design, and with those materials identified as appropriate for the immediate environment, neighborhood or district." De.sign Standards: Zoning Ordinance Section 1300:620 Design Standards for Highway Commercial Planned Development Zones (Target Development) · "It is the intent of these standards to encourage development that is compatible with the building character of the downtown historic district by use of similar materials and colors." · "An application for PDZ approval shall be reviewed by the Design Advisory Board for conformance to these standards." · "In multiple story buildings, the first floor shall be differentiated by form, materials and/or other physical attributes such as intermediate cornice lines, awnings or arcades, and changes in window shape or treatment." · Entrances shall include at least 2 of the following features: canopy, portico, overhang, arcade or arch above the entrance; recesses or projections in the building facade surrounding the entrance; peaked roof or raised parapet over the door; display Design Standards January 2000 Page 9 windows surrounding the entrance; architectural details such as tile work or ornamental moldings; and patio or outdoor seating area "Dominant building materials shall include brick masonry (modular or standard), natural stone or textured, cast stone, tinted or painted masonry units, wood and/or windows." "Accent building materials may include decorative concrete masonry units, decorative pre-fabricated concrete panels, architectmal pre cast concrete, stucco, exterior insulation finish systems (EIFS), glass block and metallic trim elements.' STILLWATER Population: 15,906 Communi~ Type: Historic settlement with compact commercial center and commercial along arterial roadways. Design Standards: West Stillwater Business District "Unadomed prestressed concrete panels, standard concrete block or metal siding shall not be used as exterior materials for new buildings. Architecturally enhanced block or concrete may be acceptable." VICTORIA Population: 3,343 Community_ T _vpe: Small historic settlement with central commercial district Desigm Standards: Ci_ty of Victoria Downtown Redevelopment Plan "Exterior materials shall consist of one or more of the following: natural brick, stucco, stone, wood, glass and treated/anodized metal for trim and pitched mfs." "Roof material shall be split cedar (treated), tile, slate, trealed or anodized metal, copper, or asphalt/fiberglass shingles matching the color and design criteria for downtown." WACONIA Population 7,000 Community _T~e Freestanding growth center. Older downtown with emerging Highway Commercial and Health Care Business District. Design Standards January 2000 Page 10 D~_.~j.~_.~andards: Citx of Waeonia Downtown and Hi~ There are areas that have a have design standards they include the Downtown District and Highway Health Care Business District. The standards include: Architectural Style Building Placement Building Width and Facade Articulation Size Portion and Placement Building Height and Roof Design Ground Floor Windows Entries and Expression Number of Entrances Building Materials Side and Rear Treatments Building Colors Parking Parking Lot Landscaping Interior Parking Lot Landscaping Placement and Screening of Service, Loading and Storage Areas Lighting Pedestrian and Bicycle Access Community Amenities Signs WAYZATA P_9.pulation: 4,027 Communi~: Historic settlement with dense commercial district and commercial along arterial roadways Desig~ Standards: Wayzata Desigg Guidelines ~ake Street) "Building should be constructed of authentic materials such as wood, brick, stone, cast stone or stucco. Accent materials may include metal, glass block, EIFS, copper flashing or similar materials. Stucco or EIFS as a primary material may only be used on buildings with a footprint smaller than 3,500 sq. ft." WHITE BEAR LAKE _.~osulation: 26,017 Communi~: Historic resort settlement; commercial district along arterial roadways Design Standards January 2000 Page 11 Design S_ta_ nrl_nrds: Zol~ing Ord_in~ for all business and industrial districts Exterior building materials should be durable and long lasting and be a combination of the following: face brick; natural stone; decorative concrete block (colored by pigment); cast in place or concrete panels (colored by pigment); stucco; wood (finished for exterior use); curtain walls of steel, fiberglass and aluminum (no more than 50 percent of the aggregate wall area excluding window and door areas); glass; and decorative painted concrete (on any building wall not visible I~m a public right-of-way). Materials The finished square footage costs for office are over twice as much as for indusuam- office flexible buildings. (Office and commercial square footage costs are very similar if not the same.) Material Office Sq. Ft. Cost Ind. Sq. Ft. Cost Difference percent metal with glass $89.08 $42.88- 108 concrete pm-cast $79.46 $34.98 127 panel brick with block $82.92 $37.71 120 backup concrete block $79.97 $35.70 124 (See attachments) · Curtain wall construction is the most e~ive facade type regardless of material. · The lease expensive construction material is a concrete tilt-up or pre-cast panel. The difference between the most expensive (curtain wall with metal and glass) and least expensive (concrete pre-~ast panels) is 12 percent for office buildings, $89.08 vs. $79.46, respectively. The difference between the most expensive (curtain wall with metal and glass) and least expensive (concrete pre-cakst panels) is 23 percent for industrial flex buildings, $42.88 vs. $34.98, respectively. The base cost of a building represents approximately 2/3ra of the cost of an office building and 58 percent of the cost of industrial-office flexible buildings. Interior finishes are the major difference between building costs. The difference between base costs for office and industrial flex buildings is 157 percent. Design Standards January 2000 Page 12 The percent of the square footage cost attributed to exterior materials averages 17.8 percent for office building and 27.3 percent for industrial buildings. Cost of construction is a major consideration in the design for most buildings. Industrial buildings, which are predominately assembly or warehouse, have a different function than a bank, which has a large volume of traffic. The function (use) of a building is going to force the form (material and design). This fact can be proved by an examination of the buildings in Chanhassen. The buildings that have a higher grade of design (brick) are the banks, restaurants, institutional uses (churches, city hall, fire station, post office) some retail and commercial. Not all retailers want nor can they afford to pay the rents at the Beverly's center. Other centers with different rents add to the diversity of users. Process There are a few approaches the Council could take. They include: 1. Change design standards to require higher quality materials Advantages Guarantee higher quality material Reduce time spent with developers negotiating materials Make existing materials on buildings nonconforming, which at some point in the future, if they were removed, they would be rebuilt with a higher quality materials. Disadvantages Increased cost of development Give the community or structures a homogenous appearance Reliance on nonconforming materials to bring about higher stand.ds is a long-term process. 2. Leave design standards as is and expand the Highway 5 Overlay District requirements City wide Advantages Proactive, new development could be used to generate improvements. New ordinance could be used to require improvements with existing uses as they expand or rebuild. DisaaYantages Risk that past policies that are somewhat vague could be continued May not deal with the use of material specifically the use of brick 3. Establish an architectural review committee. Design Standards January 2000 Page 13 Advantages Independent and professionals reviewing designs; recommendatiolls would go to the planning commission and city council Disadvantages Additional layer of review adding to the time and cost of development (60 day review law) this is not free of the negotiation process $:~plan~a~d~ign standards.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, IVIINNESOTA SUMMARY OF ORDINANCE This ordinance mends City Code Chapter 20 including the Site Plan Review, PUD and Hwy. 5 Overlay, regarding use of materials and design (Design Standards). A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVF. D FOR PUBLICATION this ,2001, by the City Council of the City of Chanhassen, Minnesota. day of CITY OF CHANHASSEN Todd Gerhardt, City Manager DRAFT #3a ARTICI~ XXIV GENERAL SUPPLEMENTAL REGULATIONS DIVISION 7, DESIGN STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OFF1CE-INSTITU~ONAL DEVI~OPMENTS Sec. 20-1060 PURPOSE These Design Standards govern site planning, placement of building masses, use of materiala, enable the City to enhance what otherwise might result in low quality development. These Design Standards will: 1) 2) 3) 4) Promote high-quality architectural and site design. Protect creek corridors, wetlands, and significant stands of mn.rare trees through thc use of careful site design; protective easements; sensitive alignment and design of roadways and utilities; incorporation of natural features; landscaping and massing of trees that enhance existing natural features and views; and the practices delineated in the City's Best Management Practices Handboolc Create a unified, harmonious and high-quality'visual environment throughout the City. Foster a distinctive and positive community image, thereby identifying Chanhassen as a special place with a unique identity in the Twin Cities Region as a whole. Sec. 20-1061 INTIg~ The City intends that all Commercial, Industrial, and Office-Institutional development within the City should strive toward the highest level of quality in both design and construction. The criteria by which new development in the City shall be judged are as follows: 1) Consistency with all provisions of the Comprehensive Plan, as amended from time to time; the Surface Water Protection Program; all provisions of the Zoning Ordinance and Subdivision Ordinance not specifically overridden by the provisions of these Design Standards; and all other applicable land use regulations. 2) Preservation of the nan~ral conditions found on each site to the greatest extent possible, through minimized removal of trees and other vegetation and soil, minimized site grading, and application of the practices found in thc City's Best Management Practices Handbook. 3) Establishment throughout the district of harmonious physical and visual relationships among existing, new, and proposed buildings, open spaces, natural terrain, and plant materials and placement with the intent of creating a unique and unified appearance for the entire City. Page 1 DRAFT #Sa 4) Use of appropriate materials, lighting, textures, colors, and architectural and landscape forms to create a unified, high-quality design concept for each site that is compatible with adjacent and neighboring structures and functions, including but not limited to natural areas, City-owned property, and vacant land subject to future development in accordance with the Comprehensive Plan. 5) Creation of unified site designs, each with a sense of internal order, that provide desirable environments for site users and visitors and the community as a whole and that consider all site elements including: the relationship of buildings to surrounding landforms; grading; architectural design; building, parking and loading dock orientation; building height; use of manmade materials, including paving; site fumishings (lighting, outdoor seating, signage, etc.); landscaping (retention of natural vegetation, plant selection and placement, retention and incorporation of water features, etc.); and other visible outdoor site elements. 6) Creation of a suitable balance between the amount and arrangement of open space, landscaping, and view protection and the design and function of man-made features on the other. Achieving this balance shall take into account screening, buffering, size and orientation of open spaces, personal and property security, localized wind and solar effects, and protection of important public ways. 7) Provision of safe and adequate access to and from sites giving ample consideration to the location and number of access points from public streets, the safety and convenience of merging and turning movements, and traffic management and mitigation. 8) Provision of on-site vehicular, bicycling, and pedestrian circulation by way of interior drives, parking areas, pathways, and walkways adequate to handle anticipated needs and to safety buffer pedestrians and cyclists from motor vehicles. Ample consideration shall be given to the width of interior drives, internal traffic movement and flow, separation of pedestrian, cycling, automobile; and delivery traffic, and the safe, convenient, and practical arrangement of parking spaces. 9) Adequate separation and protection of each site from adjacent properties, through reasonable provisions for surface water drainage, sound and sight buffers, view protection, privacy, and other aspects of design that may not be specifically covered by these or other regulations but are found to have significant effect on any or all of the properties and roadways. Sec. 20-1062 DISTRICT APPLICATIONS The Design Standards shall apply to all Commercial, Industrial and Office Institutional development. Within each zoning district the Design Standards shall be in addition to the underlying requirements. Single-family residential lots are exempt from the Design Standards. The Design Standards apply with the following exceptions: Page 2 DRAFT #3a Internal alterations to buildings that affect less than 50 percent of the building's gross floor area and do result in a change to the building height, roof line or footprint. Replacement or repair of existing materials. The standards shall apply only to the building or site elements being developed or altered. A proposal for changes to a building would be required to meet only those standards that pertain to buildings while changes to a parking area would be required to meet all standards for parking areas not for buildings. The Planning Commission shall apply the Design Standards proportionately to the degree of change proposed. Minor improvements may be made to existing uses without costly upgrades or a complete change to the site. The Planning Commission may make a recommendation to waive specific Design Standards based on the scale of the project. Sec. 20-1063 ARCHITF_L-'FURAL STYLg~~.DING CHARACTER Architectural style shall not be restricted. Evaluation of thc a~ce of a project shall be based on the quality of its design and on its relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roof-line and setback. Designs that are incompatible with their surroundings or intentionally bizarre or exotic are prohibited. Monotony of design, both within projects and between any project and its surroundings, is prohibited. Variation in detail, form, and siting shall provide visual interest. Site characteristics that may be used for this purpose include building and plant materials, sizes, colors, textures, shapes, massing, rhythms of building components and details, height, roof-line, and setback. Sec. 20-1064 SIZE, PORTION AND PLACEMITNT Site designs and configurations that tend to catch and accumulate trash, leaves, and dirt shall be avoided. In addition, provisions for washing and cleaning buildings, other structures, and building grounds shall be considered and included in the design. All building components, such as windows, doors, eaves, soffits, and parapets, shall have good proportions that relate to the facade of the building and shall relate well with one another. Page 3 DRAFT #3a All buildings shall be located as close as possible to the principal building setback line and the majority of parking shall be to the rear or side of the building or screened area. Building entrances shall be as close as possible to abutting streets. 1. Entries The main entrance should always face the primary street with secondary entrances to the side or rear. In the case of a comer buildi'ng or a building abutting more than one street, the Planning Commission will determine which street should be considered "primary" based on the visibility and access patterns. The main entrance shall be placed at grade. Main entries shall be designed, with one or more of the following: · Canopy, portico, overhang or arch above the entrance · Recesses or projections in the building faqade surrounding entrance · Peaked roof or raised parapet over the door · Display windows surrounding the entrance · Architectural detailing such as tile work or omarnental moldings · Permanent planters or window boxes for landscaping 1 - Page 4 DRAFT #3a 2. Articulation To avoid long unbroken expanses, buildings of more than 40 feet in width shall be divided into smaller increments Coetween 20 and 40 feet) through axticulation of the factade. This can be achieved through combinations of the following techniques: · F~ modulation-stepping back or forward or extending a portion of the f~ · Vertical divisions using diff~t textures or rear. als · Division into storefronts with sepm-am display windows and entrances · Variation in the rooflines by alternating dorme~ and stepped roofs. Gables or other roof elements to reinforce the modulation or axticulation intervals equal to the articulation interval · Providing a lighting fixture, trellis, tree, or other landscape feature with each interval 3. The ground level of any multi-story stmcmm must be visually distinct from the upper stories. This can be achieved through the use of one or more of the following techniques, and others may meet the objective: · An intermediate cornice line · A sign band · An awning arcade or portico · A change in building materials, texture or detailing · A change in window shape or treatment Page 5 Ground level expression DRAFT #3a Se~. 20-1065 MATERIAL AND DETAIL All man-made architectural, landscape, and paving materials shall reflect the highest quality possible and should be used in a manner suitable to the naun'e of the material, its role in the design, general durability, expected level of use or abuse, weathering characteristics, and ease and frequency of maintenance. The following materials or equivalent materials are acceptable: · Brick · Stone · Glass · Textured Masom'y Units · Wood, consisting of lap siding with an exposure no greater than 7 inches or wood shakes; surfaces must be painted; · Stucco · Tilt Up concrete Panels that are grid or brick like in appearance Accent material may occupy up to 15 percent of the building's facade. These may include metal, glass block, spandrel glass or similar materials approved by the city. The following may not be used in any visible exterior application except when specifically permitted by the City in areas with limited public view or accent areas: · Plain/painted poured concrete panels "cast in place" · Painted brick · Painted concrete panels · Painted rock faced block · Unadorned plain or painted concrete block · Tilt-up concrete panel that are fibbed or corduroy in appearance · Prefabricated steel or sheet metal panels · Reflective glass · Aluminum, vinyl, fiberglass, asphalt or fiberboard siding · EFIS (exterior insulating finish system) may be used as an accent but not a primary material Page 6 DRAFT #3a Sec. 20-1066 COLOR Colors shall be hammnious. Building colors shall consist of muted colors with low reflectance. Recommended colors include browns, grays, tam, beige~ and dark or muted green, blues and reds. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes occupying a maximum of 10 percent of building f~. Page 7 DRAFT #3a Sec. 20-1067 HEIGHT AND ROOF DESIGN Building heights shall be limited to three (3) stories or forty (40) feet in the Highway 5 Corridor District. Otherwise building heights shall be consistent with the standards of the underlying zoning district. Measurement of the highest point shall exclude antennas for television and radio reception, but shall include architectural details (e.g., parapet walls), transmission antennas, satellite dishes and transmission equipment, microwave-transmission equipment, and other nonstmetural building elements. Pitched roofs should have a minimum roof pitch of 1 rise to 4 feet of mn. Flat roofs should be defined with an ornamental parapet or cornice. Average parapet height shall not exee~ 15 percent of the height of the supporting wall and maximum parapet height at any point shall not exce~ one-third of the support wall. Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view and with materials identical to or strongly similar to building materials or by heavy landscaping that will be effective in winter or they shall be located so as not to be visible from any public way. Use of parapet wall.q or pitched roof elements to screen equipment is encouraged. In no case shall wooden fencing be used as a rooftop equipment screen. Each building shall contain one or more pitch.ed elements (pitched mol awn_i. 'ngs, entries, etc.). ' ' ':. ]1 - ' - Page 8 DRAFT #3a Sec. 20-1068 FA~:ADE TRANSPARENCY Fifty (50) percent of the first floor elevation that is viewed by the public shall be designed to include transparent windows and/or doors to minimize expanses of blank walls. (Reflective glass is not permitted). The remaining fifty (50) percent of the first floor elevation that is viewed by the public, shall be designed to include any or all of the following: Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.) Architectural detailing and articulation that provides texture on the factade and/or parking structure openings. Page 9 DRAFT #3a Sec. 20-1070 FRANCHISE ARCHITECTURE Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) shall be revised if it does not comply with the Design Standards. Page 11 DRAFT #3a Sec. 20-1069 SITE FURNISHING Site furnishings located on private property shall be designed as part of the site's architecUcral concept and landscape. Materials and colors shall be in harmony with buildings, surroundings, and other furnishings; scale shall be appropriate to the site and the design; and proportions shall be attractive. Site furnishings, community features and landscaping located in any public way or on other public property shall be harmonious with the design of adjacent buildings and with the generally character of the City. Lighting in connection with site furnishings (e.g., to highlight a ground sign) shall meet the criteria applicable to site, landscape, buildings, and si~s. Benches, tables and chairs or similar features shall be required with all new developments. Page 10 DRAFT #3a Sec. 20-1071 LOADING AREAS - R~TgSE AREAS - ETC. Screening of service yards, refuse, and waste-removal areas, loading docks, truck parking areas, and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public right-of-way (pedestrian views) and shall be equally effective in winter and summer. __kO00 Page 12 DRAFT #Sa Sec. 20-1072 LANDSCAPING 1) Where natural or existing topographic patterns contribute to the beauty or utility of a development, they shall be preserved to the greatest extent possible. Modificalion to topography will be permitted where and to the extent that it contributes to good design. All topographic modifications shall adhere to the practices delineated in the City's Best Management Practices Handbook. 2) The grades of all walks, parking spaces, terraces, and other paved areas shall conform with the requirements of the Americans with Disabilities Act. In addition, they shall provide an inviting and stable a~ce for walking. Stairs and ramps, may be substituted for slanted pavement when necessary. 3) All landscape shall preserve and enhance natural features (such as wetlands, drainage ways, mature stands of trees, and the like), enhance architectural feaUne.s, strengthen vistas and important axes, and provide shade. 4) Landscaping shall emphasize massing of plant materials over isolated or scattered placement of individual specimens. Reforestation as prescribed by the City's Tree Preservation and Reforestation Ordinance is encom-ag~ 5) 6) Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with natural existing materials and adjacent developments where appr~----':-' Plant material shall be selected for interest in its stmaum, texture and color, and for its ultimate growth size. Plants that are indigenous to the area and others that will be hardy, harmonious to the design of good appearance, and of relatively easy maintenance shall be used. Page 13 DRAFT #3a 7) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or similar devices. 8) 9) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consideration shall be given to the special needs of plants surrounded by impervious surfaces. In areas where general planting will not prosper, other solutions--such as fences, walls, rock gardens, raised planters, or paving of wood, brick stone, gravel, or cobbles--shall be used. Carefully selected plants shall be included. ALT~ATTVE L.,U~DSCk?E TREATMENT f,~Tff ~( 10) Landscaping and tree removal shall be consistent with Section XXV in the City Code. Page 14 DRAFT #3a Sec. 20-1073 LOT FRONTAGE AND PARKING LOCATION 1. Highway 5 Corridor District a) In any lot that abuts Highway 5, directly, the lot line abutting the highway shall be considered the front lot line. b) In any lot that abuts either of the access boulevards parallel to Highway 5, the lot line abutting the boulevard shall be considered the fi'ont lot line. c) In any lot that abuts both Highway 5 and one of the access boulevards, the lot shall be regarded as having two front lot lines. The lot lines abutting the boulevard shall take design precedence. Such a lot shall be regarded as having no rear lot line or yard. d) One row of parking shall be allowed within the required minimum front (primary or secondary) yard setback of any lot. The majority of parking shall be located to the side or rear of the building. 2. All other Commercial, Industrial or Office-Institutional Districts Parking areas should be distributed around large buildings in order to shorten the distance to other buildings and reduce the overall scale of the paved surface. No more than 50 percent of the parking area for the entrance of the site shall be located between the front f~ of the principal building and the primary abutting street. Highway 5 Corridor District Map Page 15 DRAFT #3a In ~rt~In ~ltu~tlons, limited streeffron! p~'king IoLs m~y be ~ept~ble. · Parking lots located behind shops and offices are. preferred. g:Lplan~ca~clesign standards book-3a.doc Page 16 ClTYOF CHANtI EN PO Bmc I47 . minnmm 55317 PIm, e 952.93Z15~ · 952937.5739 952.93Z9152 952.934.2524 TO: Mayor City Council FROM: DATE: Bruce M. DeJong, Finattce September 5, 2001 2002 l:h*e~ Tax ~ and Bud~t The City of Cluml~usen is coping with several major changes to its tax levy at the same time this y~ar. The state legislature has irr?o, sed a Rmdame~tal change in the way cities are responsible for taxing and the amount of aids that cities receive from the state. We are also attempting to bring our budget back into equilibrium where our current operating revenues cover our. curre~ opa-ating expenditures. Additionally, the city's debt service levy is increasing from' approximately $1.7 million in 2001 to approximately $2.//million in 2002._ Between these items, the city will have to levy over $1,500;000 above and beyond what we levied in 2001 for property taxes to.supp0'rt our ope/-ations. These are issues that we have discussed at earlier city council meeting, but as we work our way through the process, it is clear that the taxpayers in [he city of General Fund Our general fund expenditures have moderated on a year-to-year corr.m, adson. The overall increase is 5.6% based on the budget that was presented at the August 27th meeting with the cuts as proposed by city staff. In 2002, there are some modest spending increases in personal services. Thin includes the normal increases in salaries and benefits according to our Pay Compensation Plan, plus [here is a new position included for an Mlg Technician. That position will greatly enhance Rick Rice's ability to work with individuals and departments to more ef~cienfly use our computer equipment and software in a productive manner. There are also some increases in other areas of the budget with regard to outside purchases of goods and services which are generally driven by inflation or anticipated increases in utility costs. 690 Ci~ Ca~ter Dri~ PO B~v 147 C]~n]~en, Minnaota 55317 952.937.1900 952.93Z5739 Eo~gine~g Department Fax 952.93Z9152 Building Departraent Fax 952,934.2524 Web Site ,wu: d. cha.hasse., m.. .s One of the principles of good financial management is to match operating revenues with operating expenditures. Last year we did not follow that tenet and decreased our general fund tax levy by $450,000 which we did not match with corresponding expenditure cuts. In order to adequately finance our operations for 2002, we should either increase the general fund tax levy and other fees or cut operational expenditures. The fund balance in our general fund was generated primarily from unusually large and unexpected increases in building permit fees over the last several years. We have addressed that issue by rs/sing our estimates of permit revenues, so there will probably not be any surpluses in that area in the next year - in fact we probably stand a greater chance of not meeting projected revenues than we do of exceeding them. City stat'f is recommending that any fund balance in excess of the policy amount be used for one-time transfers to deal with our debt service issues rather than reducing the tax levy. We believe there is substantial benefit to moderating any year to year tax levy increases in both the general fund and our debt service funds. We should begin that process with this budget and any new debt issues going forward. The 5.6% budget increase, combined with losing $668,000 worth of state aid that was received last year and having to raise the levy back up by the $450,000 that was cut last December, means that we need $1,1 million just to bring ourselves back into equilibrium in 2002 and another $253,000 to cover expenditure increases. The net effect of these recommendations is that we need a 34.5% increase in order to meet our existing service needs. That's on top of our other revenue sources being increased by 15%, which includes the increases in our permit schedules as adopted by the City Council this summer. Debt Service Funds Last year we set debt service levies based on a study by El'tiers, the city's financial advisors. The debt study was performed to determine how much tax levy was necessary to fund our annual payments and bring each debt fund to a zero balance at the end of its life. We have asked Ehlers to update that study based on the financial information as reported in our 2000 Annual Financial Report. They have noticed a couple anomalies that we should discuss in further detail, but at least for next year, the study has not changed dramatically. We have added the debt levies for the bond sales from this June and the sale of library bonds either later this year or early next year. The ~ of Chanhauen. A grou,h;g commu.it~ with cica. lakes, oualitr schools, a channfl:g downtown, thriving businesses, and bea.tiful ~rks. A Mat place to live, u~rk, and C TYOF 690 Crt] Center Dr/ye PO Box147 Minnesota 55317 Pinne 952.93Z1900 952.93Z5739 952.937.9152 952.934.2524 We~ Siu wwu~ d. d~a .lsusen. mn. us Overall, the debt levy for 2002 is up substantially with a 46% increase over 2001. Almost all of that levy increase funds the two referenda approved by the voters for open space and the library. Because of excess fund balan~ in the park bond fund, no levy was made for 2001. In 2002, we get back to following the adopted levy schedule as shown in the bond indenture. The h~rary debt will be issued at a future point. The $540,750 was the e~imated first year cost as published in the referendum question, but may be lower based on cuxrent interest rate conditions. Other Considerations The city benefits by the state takeover of transit systema. SW Metro Transit will no longer need the City of Chanhassen to low taxes on its behalf. This saves the property taxpayers $628,000 that would have been levied. The offset helps to reduce the overall increase caused by the loss of state aid, new debt and increased costs. Recommendation Staff recommends that the City Council adopt the. preliminary tax levy of $5,351,650 for the general fund, $1,134,435 for special assessment debt, $316,472 for general obligation debt, and $1,030,481 for market value debL The recommendation is shown on the enclosed 'sheet for certification of the preliminazy tax levy. g:~userkbruce~ budg~'~u~Hmi~ lc'wy rr~'no, doc 0000 · ",q Ik~O0 --~, I"0 0 ,~ 0 --~ 0000 000-~ o ~ o~ o o Letter from Camp~ll Knutson dated August 28, 2001. Memo from Association of Metro Municipalities d~tcxt August 16, 2001. Chanhassen Fire Department FirelRescue Call Sheet dated Aug. 20 - Aug. 26, 2001. Chanhassen Fire Depamnent Fire/Rescue Call Sheet dated Aug. 27 - Sept. 2, 2001. Letter from Southwest Metro Transit Commission dated Aug. 28, 2001. Seller's Closing Statement dated August29, 2001. Memo from the Suburban Transit As~on dated August 1, 2001. 276 Referendum Notes. Thomas J. Campbell Roger N. Knutson Thorm~ M. Scott Elliott B. Knetsch Joel J. Jarnnik Andrea McDowell Poehler Matthew K. Brokl* Mr. Todd Gerhardt City Manager City of Chanhassen 690 City Center Drive P. O. Box 147 Chanhassen, Minnesota 55317 CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 August 28, 2001 John F. Kelly Matthew J. Foil Soren M. Mattick Marguerite M. McCarron Gina M. Brandt Ct T¥ OF Ct~,~Vi./AS$F~ Re: Mark Halla, et al. vs. City of Chanhassen Dear Todd: Enclosed please find a copy of Findings of Fact, Conclusions of Law and Order for Judgment and Judgment which I received in today's mail from the Carver County District Court. This Court Order relates to the issue of whether or not the City has the right to retain the additional Highway 101 easement that the City required as a condition of the Halla Plat approval. This issue arose when Halla vacated the portion of his plat upon which this easement is located. The judge has ruled against the City, holding that we are obligated to release these easements. While I obviously disagree with the judge's decision, it is my recommendation that we accept it and not appeal the matter. If you would like to discuss it further, please call me. Otherwise, I will prepare the necessary document releasing the easement as required by the Court Order. Best regards, TMS:cjh Enclosure cc: Ms. Kate Aanenson Campbell Knutson Pr°fessinal~__~ciati°n By: t, - 'N ~ Thomas M. Scott Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVF]{ FIRST JUDI~ DISTRICT Mark Halla and Don Halla, d/b/a Halla Nursery, Inc., Court File No. C8-00- I 010 Petitioners, V, The City of Chanhassen, its Mayor, as well as other citizens or property owners affected, FINDINGS. OF ,FACT, CONCLUSIONS Om) .R FOR mOMESr OF' Respondents. The above-entitled matter came on for h~ring befor~ the Honorable $ean A. Davi~s on Monday, May 21, 2001, at the Carver County CourthouSe, City of Chaska, State of Minnesota. ' : Petitioners were present with their attorney Ph/ll/p R...Kra._._~, Krass Mome~ 'Resp ..end. mt . . was present through its attorney Thomas'M. Start, Campl~ll Knutson Scott & The Court gave the parties until Sune 1, 2001, to submit arguments to the Court ~n'thi/. matter, with each party given an additional week to submit any responsive arguments. The Court · . took this matter under adv/sement on June 8, 2001. The Court having reviewed the evidence adduced and documents .lrl~ented, and having considered the written argtm~, ents of the respective parties makes the following: , · . .. , . . . · :.:-..~,.- :.~... C. '; ." '~"'-"' '" ...' ...~ . · ~.. . . ~- . . '" -':' '"~'.'~4:~-~" Y'~" ' ': "~ ;: . ~ .'%' '.: '" :.~ ~.-~. (~ - .:'~'" ~ ? / :.. 5 .-~ . ' . "" ..... .... "'":'.:.. ' ', ,-~.~.-a~ "-. ~;¢_~'¥~':,-::~ .... '~--2~.F ' -' ,.- ' "r-,- --~ .~.- .-- .,.. : - .~ .'~'~.~.~ '"'";'-~-~'-'-:~':' .~-~.~.,.-'.¥2_,... - FINDINGS OF FACT: 1. Petitioners filed the plat of Great Plains Golf Estates having obtained approval therefor fi.om Defendant. 2. As a condition for the filing of the plat of Great Plains Golf Estates, Defendant required Petitioner to transfer to Defendant a road easement for certain portions of Petitioner's property located adjacent to Highway 101. This plat never proceeded to completion. 3. Petitioners later filed the plat of Halla Great Plains A. ddition, replatting portions · of the plat of Great Plains Golf Estates. 4. As a condition of filing the plat of Halla Great Plains Addition, Defendant required Petitioner to file two permanent easements running in favor of Defendant. The easements were not dedicated on the plat but were instead drafted as separate documents per the requirements of Defendant. 5. The parties have agreed and stipulated that the easement which is Exhibit 20 in this matter is necessary and useful to Defendant and will be retained by it, and the easement which is Exhibit 22 is neither necessary nor useful and may be vacated. 6. The portions of both the plat of Halla Great Plains Addition and the plat of Great Plains Golf Estates described as follows, Lots 11 through 18 inclusive Of Block 1, Halla Great ....: Plains Addition and all of Blocks 2, 3, 4, 5, 6 and outlot A of Halla Great Plains Addition, and all portions of the plat of Great Plains Golf Estates located within the above-described portions of Halla Great Plains Addition specifically excluding Lot 1, Block 1 Great Plains Golf Estates, have been previously vacated by Order of this Court dated July 8, 2000. 7. The Highway 101 eas~nent as it adjoins or is adjacent to the portions of these two plats that have been vacated are the subject matter of this dispute (the "Disputed 'Highway 101 The dedication of the Disputed Highway 101 Easements was required by the 1 Defendants as a condition to Petitioners' filing the plat of Cae, at Plains Golf Estates. 9. This dedication of the Disputed Highway 101 Easements was over the objection of Petitioners who contended that an easement for the expando_n of a state highway was inappropriate exaction for this plat. 10. 1%-compensation was ever'paid to Petitioners for this The relocation of Highway 101 onto portions of the Disputed. Highway 101 exaction. Easements would require the aequi/ition of additional land which neither the Def~dant nor the public proceeded to purchase, even though such additional land was recently for sale'. - 11. The relocation of Highway 101 onto portions of the Disputed Highway 101 Easements would require the construction of a bridge over a major gully, or the addition of a substantial mount of fill, in the area of the additional land referenced in finding number 10.' · Neither the Defendant nor the public has taken any steps toward-the construction of such a bridge or the addition of any fill. 12. Neither the public nor tfi~ Defendants have taken any.action to utilize or make useful the disputed Highway 101 Easements. .. . . 13. The State of Minnesota, through the Minnesota Department of Transportation; has consistently stated that it has no plans for any expansion or relocation of Highway 101 onto the Disputed Highway 101 Easements. Neither the public nor the Defendant has provided any evidence of the usefulness of the Disputed Highway 101 Easements in the foreseeable futm'e. . There has been evidence introduced that the City contemplates doing some work in this area beginning in the years 2019 and 2020. This information is contained in the City's Comprehensive Plan 2020. No engineering plans or drawings have been made for the proposed project, and no acquisitions from other properties necessary to accommodate either the expansion or relocation of the Highway have been initiated to the best of this Court's knowledge. 14. Given the physical and economic restraints existing with regard to the expansion of Highway 101 onto the Disputed Highway 101 Easements, the Court finds said easements to be useless for the purpose for which they were laid out, as that term is ciefmed by Minnesota Statute $04.14. From the foregoing Findings of Fact the Court makes the follow: CONCLUSIONS OF LAW: 1. That the Disputed Highway 101 Easements, while not dedicated 'on the plat of either Great Plains Golf Estates or Halla Great Plains Addition, were dedicated as a condition of those plats and in accordance with direction fi.om Defendant, and are therefore considered to be easements created by the plats so that this Court has jurisdiction and authority to grant title to the Disputed Highway 101 Easements to the persons entitled thereto in accordance with Minnesota : -:. Statute {}505.14. ':" 2. That the Disputed Highway 101 Easements are useless for the purpose for which they were laid out and title thereto should be granted to Donald E. Halla and Sandra Cwa~a Halla, husband and wife. Defendants should therefore be ordered to execute and deliver to Petitioners a document accomplishing the same. IT IS HEREBY ORDERED: 1) Title in the Disputed Highway 101 Easements as determined in this matter supra is hereby granted to Donald E. Halla and Sandra Cwayna Halla, husband and wife. The actual easements are a part of the Highway 101 easement as it adjoins or is adjacent to the portions of these two plats: The plat of Haila Great Plains Addition and the plat of Great Plains Golf Estates described as follows, Lots 11 through 18 inclusive of Block 1, Halla Great Plains Addition and ail of Blocks 2, 3, 4, 5, 6 and outlet A of Halla Great Plains' Addition, and all portions of the plat of Great Plains Golf Estates located wit~:tin tho above-de, scribed p(~rtions of Halla Great Plains Addition specifically excluding Lot 1, Block 1 Great Plains Golf Estates, have been previously vacated by Order of this Court dated July 8, 2000 ' ' 2) Defendants shall therefore execute and deliver to Petitioners a' document accomplishing this release and return to Plaintiffs of said easements. 3) The attached memorandum is incorporated by reference. Dated: BY THE COURT: of District Court ..MEMORANDUM This matter is really a case of Defendant City of Chanhassen wanting to hold onto a property right that they never paid for in anticipation of some project that may or may not be completed in the distant future. The City argues that the Highway 101 easement was conveyed by a separate document rather than dedicated on the plat, and that therefore the plat vacation statute (§ 505.14) does not apply. There is no question in the Court's mind, however, that the dedication of the disputed easement in tiffs case was part and parcel ~f the platting of Great Plain Golf Estates, and subsequently the Halla Great Plains Edition. The argument that 505.14 does not apply is more semantic than substantive. Plaintiffs have met the standard for vacation of the disputed easement under the requisites · of the statute. Before an easement can be vacated in a proceeding under 505.14, it must be proven that the property to be vacated is useless for the purpose for which it was laid out. In re Verbick, 607 N.W.2d 148, 150 0Vlinn. App. 2000). Section 505.14 provides: Upon application of the owner of land included in any plat, *** the district court may vacate or alter all, or any part, of such plat, and adjudge the title to all streets, alleys, and public grounds to be in the persons entitled thereto; but streets or alleys connecting separate plats or lying between blocks or lots *** shall not be vacated *** unless it appears that the street or alley or part thereof sought to be ' vacated is useless for the purpose~_for which it was laid out. Plaintiffs must show that the land under the easement is "useless" for vacation to occur. Verbick at 150. The Court is satisfied that Plaintiffs have met this burden in the case at hand. The roadway at issue, Highway 101, is currently a State Highway, and it is clear that the State 0f Minnesota has no plans to expand or relocate Highway 101 in the area of these plats. It is contemplated that the City of Chanhassen and/or Carver County may take control over the Highway in the furore, but that has not ocaured to date. The Court is in no position to make a finding that this will occur. Even if the City or County do ultimately gain control over Highway 101 in the area in question, their proposed plans for thc Highway do not bc~n to takc flmpc for approximatdy twenty years. There are no en~neering plans or drawings in place, and no acquisitions have been made from other properties necessary to make any changes to the roadway. A section of land was recently for sale that would have needed to be acquired for any expa~. 'on or relocation project, and no pub.lic entity felt compelled to purchaso"said land. Further, there is ~ substantial gully in the area that will need to be bridged or filled, and the Court is aware of no such plans in this regard. It is important to the Court that the public will not be harmed in any way by this decision_ From a traffic density standpoint, there has been no showing that the roadway as it is currently maintained is inadequate or unsafe. There is no pressing need to change the present design of the roadway. In fact, "straightening" out the roadway via the area of the disputed Hwy. 101 easements would only increase traffic flow in and around the location of the easements. This would not · benefit the homes directly situated in that area. The Court is not substituting its analysis for that of the Chanhassen City Counsel or Planning Divisions by taking this stance. If in twenty years the landscape should change in the area of dispute, it may very well be appropriate to acquir~ the ... disputed easement area, along with addifi6hal lands, and alter the roadway, aceo~y. Given all of these factors, there is no way for the Court to find that the disputed Highway 1 O1 easements are not useles~ for the purpose for which they were acq~ The idea that the property may, twenty years fi'om now, be used for some tmdetermined ieloe~on or expansion project is just too speculative given the fact that the City of Chanhassen has not paid one cent for this property. The City certainly has all of their remedies available to them for acquiring this land should the land become necessary for the public's use. $.A.D. ,ssoclation of fletropolitafl flunlclpalltlcs Date: To: From: Re: August 16, 2001 Mayors, managers/administrators Jim Miller, LMC executive director Gene Ranleri, AMM executive director 2001 legislative changes to property taxes, state aids crrYoF MEMORANDUM W'~ the passage of the 2001 omnibus tax bill, municipal officials need to be. prepared to ~ddress the questions and concerns of taxpayers and the media. To assist city officials, the League of Minnesota Cities and the Association of Metropolitan Municipalities are working on a three-prong effort: (1) help cities understand the impacts of the tax bill; (2) to help reporters who cover city hall understand the new changes at a workshop Aug. 22; (3) further explain to legislators how city financing will change and impact taxpayers. We believe it Is Important for all city officials to understand that the Legislature Intended for cities to levy back any loss in state aids they might experience. In their budget discussions with community members, cities should point out their spending goals, not Just the tax rate changes or levy increases. Finally, it's important to consider the changes in the education levy, most notably, how the average property taxpayer's bill may be lower overall. Background The 2001 omnibus tax bill enacted several sweeping reforms to the Minnesota state/local finance system, including continuation of compression of tax classifica§on, the state takeover of the general education property taxes for school districts, and state takeover of transit levies. The combined Impact of these changes will mean that school property taxes will drop markedly while city property taxes will generally Increase~in some cases dramatically. In additlon to decreasing the school reliance on the property tax, the Legislature eliminated the Homestead and Agricultural Credit Aid program (HACA) -- a reduction of $200 million per year in state aid to cities. The elimination of HACA translates into an immediate increase in the city reliance on the property tax. The overall Impact of the eliminalJon of HACA on cities is partially offset by an increase'in local government aid by $140 million. However, because of how the LGA formula works, cities with less property wealth will generally receive more state assistance through LGA. Although tb.e final LGA formula compromise has drawn criticism from some legislators and some city officials, the general LGA system served as an important policy tool to geographically balance the relief being provided through the elimination of the general education levy. Response Most property owners will see a tax reduction in 2002; however, the city share of the typical property tax bill will likely Increase. Although this outcome will be painful for city officials, It was Intentional. The Legislature expects most cities to levy back the amount of taxes lost In state aids. Clearly, city councils can and will choose whether and how much to levy, as you do each year. But whatever the decision, we believe It Is Important for you to explain to your community and media how these legislative changes have dramatically affected your city's property tax levy. An Important element of that explanation Is city spending. After talking about the fundamental property tax changes the Legislature passed this spring and how that may Increase your city's levy, highlight your city spending Increase (or decreasel). While these state aid changes wlll impact city taxpayers this year, it is city spending and budget priorities which may be of most concern to them. Finally, do not overlook the substantial reduction in property taxes most property owners will realize because of the state takeover of the general education and transit levies. The Legislature Injected significant funds into the tax system, so most Mlnnesotans will see a decrease In their property tax bills. Educating the media Tell your city hall reporters about an opportunity to understand the new laws and how city budgets and citizens' property tax bills will change. The League and AMM will sponsor a workshop for news reporters, the morning of Wednesday, August 22, at the League offices In St. Paul, to help prepare reporters in time to cover the city budget hearings and the setting of preliminary levies. Helpful information We Included In this packet a list of frequently asked questions on these t~x changes and how cities may be affected. If you have additional qbestions, please feel free to call Gene Ranieri at 651.215.4001 or Gary Carlson at 651.281.1255. 2001 Omnibus Tax Bill: Frequently Asked Questions Q: What is the policy rationale that is driving all of these changes? One way to describe the tax outcomes is that.the Governor and the many legislators wanted the property tax to be more of a locally determined tax. Cdvtn that school property taxes have largely been set by the state, a state takeover of general education levies became a cornerstone of the governor's plan, the House tax bill and the final tax package. On the other hand, given that city services are primarily determined by city councils, the governor and legislature found that these services should be more fully supported by the property tax. In other words, by removing a large share of school funding from the property tax, cities and counties would be more able to tap the property tax to fund their services. Q: Isn't this rationale flawed by the existence of levy limits and the new state property tax? A: Yes, the fact that levy limits were included in the final tax package means that cities will not be able to fully exercise their discretion about service levels'and property taxes. In addition, although the new state property tax is only paid by commercial, industrial and cabin property owners, it is certainly not a local tax. Q: IVasn 't simplicity one of the goals of property tax reform? A: Simplicity may have been an initial goal of tax reform but the final tax bill arguably does little to simplify the system. Q: The Legislature and Governor have estimated that most taxpayers will see their overall property tax bill reduced. Do these estimates reflect the fact that many cities, will have to increase their property tax levies to replace lost state aids? A: The estimates assume that cities will replace, dollar-for-dollar, lost state aid with increased property taxes. In other words, even with these increases in the city share of the property tax bill, taxpayers are expected to see a tax reduction in 2002. Q: will the levy limits enacted in the tax bill allow the city to replace lost state aids? A: Yes, cities covered by levy limits (those over 2,500 population) will be allowed to replace lost state aids with property taxes. In a sense, the term levy lira{ts are somewhat of a misnomer. A more acc~ term might be revenue limits. Levy limits are essentially based on the total of the city's property tax and state aids from the previous year. To the degree that state aids are reduced or eliminated, the allowable property tax levy authority increases. Conversely, if state aids increase, levy authority is reduced. ! ~: Won't the city property tax increases to replace lost state aid~ dra~ intense criticism from our taxpayers? A: This could happen, particularly if city officials are not prepared to explain the legislative changes enacted this year. However, due to the magnitude of the changes to the tax system, the parcel-specific notices sent to taxpayers this fall will not itemize the 2001 city taxes and the 2002 proposed city taxes. The only direct comparison on the form will be the total 2001 taxes to the proposed 2002 total taxes. This structure will hopefully avoid any unnecessary taxpayer concerns about increases in city levies due to lost state aids. Despite this one-year change in the parcd-specific notice, you will still want to be prepared to explain these changes to taxpayers. Q: Levy limits will be in place for two years. ShouM we levy "to the limit" so that the city preserves its levy.authority for future years? A: Each city council will have to make a decision on local needs and the level of property taxes needed. Fortunately, levy limits are structured so that unused levy authority in any year is carded forward for future years. This structure was established so that cities and counties would not be encouraged to simply levy to the limit. Of course, the legislature could always change this provision but the "if you don't use it you won't lose it" structure of levy limits seems to have broad legislative support. Q: Why was HACA eliminated? A: The answer is not simple but the overall cost of the tax bill, including the state takeover of the total general education costs for schools, required the state to reprioritize its appropriations. HACA was viewed by many legislators as an undefined state aid that had little purpose largely due to the fact that there is no active formula to determine HACA distributions. The $200 million in HACA that had been distributed to cities was used to pay for the costs associated with the overall tax reform package. Q: Will the Fiscal Disparities program be affected by the significant class rate reductions contained in the tax bill? A: For 2002, the interaction of the tax reforms and fiscal disparities program will have no net impact on city finances. The fiscal disparities program is computed based upon property tax values from the previous year. Therefore, the amount of property taxes ultimately distributed to ~ach city under the fiscal disparities program will not be affected. Q: In the future, will school districts levy any property taxes? A: Yes, school districts will still levy some property taxes including levies for community service, health and safety, integration and building leases. Many school districts also impose additional voter approved levies for operation and debt service for capital ' projects. In fact, due to school district concerns about the level of available school revenue under the 2001 omnibus education funding bill, there are preliminary indications that many school districts may seek new or expanded voter approval for operating levies. Q: Won't cabins and farmers be exempt from paying for voter approved school levies? A: Yes, farm land and cabin properties have been exempted from paying for voter approved levies. This will affect existing as well as futura, new voter-approved levies for schools, cities and counties. The state will offs~ the impact of shiiXts in the school taxes by using state resources to "equalize" a portion of these voter approved levies. Q: ~ill the state levy a property tax? A: Yes, thc state will levy a new property tax that will be applied only to commercial, industrial and seasonal recreational (cabin) properties. The state tax will be administered just like any other local government's property tax levy and will be included as a line item on the property tax statement. The state property taxes will generally be deposited in the state's general fund and will therefore be available for general state spending. Q: The only class of property that was not granted a class rate reduction was low value homesteads. Will their taxes increase? A: The class rate applied to the first $76,000 of homestead value will remain at 1 percent. This is the only major property class that did not receive a class rate reduction. However, at least in the short term, taxes on even these properties will likely be reduced due to two factors. First, lower value homes will receive a new market value homestead credit that effectively translates into the state paying a portion of each qualifying homeowner's tax bill. In addition, all property owners including low value homes will pay significantly lower taxes to schools due to the state takeover of general education costs. According to legislative estimates, the combined effect of these changes will reduce taxes for most low valued homes. Q: How does the homestead credit work? A: The credit is equal to 0.4 percent of the market value of the home up to a maximum value of $76,000. For homes valued in excess of $76,000, the credit is gradually reduc~ by $9 for every $10,000 of the home's market value in excess of $76,000. Therefore, the credit is entirely eliminated for homes valued in excess of $414,000. Q: Our city has a charter provision that restricts our ability to increase taxes that did not anticipate large cuts in state aids. What can we do to replace lost state aids? A: The 2001 omnibus tax bill includes an override of city charters that in certain circumstances will allow charter cities with restrictive levy limits to replace lost state Q: Will the future phase-out of limited market value eventually shift taxes to homes? A: Under state statute, limited market value was due to sumet afar taxes payable in 2002. The tax bill actually delays the elimination of the statute by phasing it out over a six-year period. This will increase the taxable value of homes and cabins that currently benefit from limited market value and ultimately shif~ property taxes to homeowners. Future legislatures will likely have to address any taxpayer fallout due to the impacts of the phase-out of limited market value. Q: 197fy will my city receive less LGA in 2002 despite that fact that the legislature increased the overall appropriation by $140 million? A: The governor proposed and the legislature adopted several changes to the LGA system that modify the distribution of the LGA appropriation. These changes generally provide more aid to first class cities (Minneapolis, St. Paul and Duluth) as well as outstate regional centers over 10,000 population. Although these cities will receive more state aid, their levy limitations will be lower than it would have been in the absence of the aid increase due to the interaction of levy limits and state aid. Also, at the close of the legislative session, several key lawmakers indicated that the LGA system, including the 2001 changes, would be the subject of legislative review, possibly as early as 2002. In other words, the stability of these increases could be short-lived. Q: How will tax increment financing districts be impacted? A: Many existing TIF districts will experience TIF reductions from 20 to 40 percent. These reductions are due to the combined impact of the state takeover of the general education levy and the property tax class rate changes. Future districts will generate increments largely from the city and count, y tax rates since a large share of the current school property tax has been eliminated. Q: Are there any mechanisms to address impacts on TIF existing districts? Q: Yes, there is the TIF grant program with a significantly increased state financial commitment, expanded pooling authority, and a new special deficit authority. Procedures and qualification requirements are fairly complex. Since impacts from this year's tax bill will not be experienced until 2002, applications for TIF grants will not be due until August 1, 2003. August 16, 2001 Men Men Tues Tues Weds Weds Weds Weds Fri Sat Sat Sat Sun Sun Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug Aug 20 20 21 21 22 22 22 22 22 23 23 24 25 25 25 26 26 5:03 AM 9:32 AM 12:27 AM 4:15 PM 12:11 AM. 2:47 AM 10:13 AM 6:05 PM' 7:18 PM 1:23 PM 3:18 PM 2:09 PM 8:30 AM 8:38 AM 6:47 PM 7:28 AM 11:07 AM CHANHASSEN FIRE DEPARTMENT' FIRE/KESCUE WEEK OF AUGUST 20- AUGUST 26, 2001 Minnewashta Court ~ Boulevard Autumn Ridge Lane' Dove Court Flmningo Drive Market Boulevsrd Markot Boulevard Hwy 212 & St~ugh~on Ave Pond Promenade West 78~ Street Partridge Circle Laredo Drive ~t Plains Boulevard Kiowa Trail West 78~ Street Frontier Trail Stone Creek Drive Medical - diabetic reason . Medieatl - chest pains Medical - leg sme~ in playground equipment Fir~ ~ - false alarm, no fire Medical- asthma attack Car accident- no injuries Medical ~ Unknown problem Medical :- back pain C O Alarm Fir~ alarm - false alarm, no fire Medical - abdominal pain Medical - unknown problem Medical - difficulty breathing Fire alarm - false ~ no tim CHANHASSEN FIRE DEPARTMENT FIRF_JRESCUE WEEK OF AUGUST 27 - SEPTEMBER 2, 2001 Men Men Tues Tues Tues Weds Fri Sat Sun Aug 27 12:28 PM Aug 27 7:48 PM Aug 28 11:47 AM Aug 28 3:30 PM Aug 28 8:01 PM Aug 29 9:55 AM Aug 31 7:02 PM Septl 3:04 PM Sept2 10:33 AM Lakeview Road East Pleasant View Road Hunter Drive Hwy 101 & Lyman Blvd Western Drive Hwy 5 & Audubon Road Santa Vera Dr & Kerber Blvd Autumn Ridge Way Bighom Ddve Medical - unknown problem Medical - bump on the head Person fell off ladder Track fire, e~eeiled enroute, unfounded Possible electrical fire Car accident with injuries Car/bike accident Medical - possible heart Fire alarm - false alarm, no fire SegTnWrm' Hmo T~unrr Puo.: DS00 Teclmle~ Bri, I~: §SZ.gB$99'/ Ws~sw;: t~rts~nuiC~! August 28, 2001 Mayor Linda Jansen City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 CITy Dear Mayor Jansen, Southwest Metro Transit adopted its amended 2005 and 2006 Capital Improvement Plan at its August meeting. Included in the plan were planned expenditures for vehicle and facility expansion. I have provided a copy of the capital items for your review and the coixesponding resolution adopted by the Commission.. These capital improvement projects would directly improve and/or support the mobility of Chanhassen residents. They include: · Purchase of 7 large transit vehicles in 2005 to use on expanded express routes · Purchase of 7 large transit vehicles in 2006 to use on expanded express routes · Purchase of 6 medium sized transit vehicles in.2005 to use on expanded local routes · Lease of 30 additional vans for expanded vanpool service for Chanahssen businesses and residents · Garage expansion to provide space for newly purchased vehicles · Market Boulevard Park & Ride expansion project to provide added space for express customers and a transfer location for local service. · Highway 101/212 Park & Ride expansion conslxuction project providing expanded tramit service for south Chanhassen If you have any questions, please let me know. I can be reached at 952-974-3101. Sincerely, SOUTttWEST ME~O TRANSIT COMMISSION Lea Simich ....-Executive Director CC: Todd Gerhardt SELLER'S CLOSING STATEMENT Closir~ Date: Buyer: Seller: Property: Closing Agent: CP File No.: Closing Location: August 29, 2001 Michael D. Schlangen City of Chanhassen p/o NWl/4 of' 16-116-23 Commercial Partners Tire, LLC 330 2nd Ave. S., Suite 820, Minneapolis, MN 55401 16799 City of Chanhassen CHARGES Purchase Price Earnest Money ($5,000.00 w/CPT) PRORATIONS & ADJUSTMENTS: (None) PAYOFFS & BROKER FEES: (None) TITLE CHARGES: Closing Fee (½) Commitment Fee to: Commercial Partners Title, LLC to: Commercial Partners Title, LLC 150.00 445.00 OTHER CHARGES: State Deed Tax Recording Fees Survey Charges 2001 Property Tax to: Carver County Treasurer to: Schoell & Madson, Inc. to: Carver County Treasurer 585.10 40.00 764.48 (paid in full) CREDITS 177,302.84 TOTALS 1,984.58 177,302.84 Cash to Seller 175,318.26 The above dosing statement is hereby approved, and the closing agent is hereby authorized and directed to disburse the money as indicated herein and deliver instruments, documents and other property, if any, to the designated parties and othem, ise dose this transaction in accordance with rite closing instructions. City of Chanhassen Tax Identification lq'o. q[ - 0~:~. -S.~.'~ [-- [ ~vl~t~s~ll~! COMMERCIAL PARTNERS TITLE, LLC w;.u.s FARGO BANK MINNESOTA, N.A. ESCROW ACCOUNT MINNEAPOIJ~ MN r~47g · 30 2ND AVENUE 8OUTH, SUITE 8~0 ~7-'l-g'10 MINNEAPOUS, MN ~10'1 I I/ "' '- 1 4:>453 OMMERCIAL PARTNERS TITLE, LLC ;SCROWACCOUNT 42453 SUB TRANSIT ASSOCIATION League of Minnesota Cities Building 145 University Avenue West, Suite 450 St. Paul, Minnesota 55103 Telephone: (651) 228-9757 Facsimile: (651) 228-9787 TO: FROM: DATE: RE: RECEIVED. Suburban Transit Association (STA) City Managers/Administrators ~, .-~ ..... 2001 Tom Poul and Bill $¢hreiber STA Legislative Consultants -CITY OF CH^NH^,~I August 31, 2001 2001 Legislative Update Please find enclosed a brief summary of transit and transportation related developments that transpired during the 2001 legislative session. You may want to include this summary in an informational packet for your council members. In a nutshell, the most significant provision with respect to transit was the elimination of the property tax levy for transit, and the transition to the motor vehicle sales tax as a funding source. A full legislative report with relevant statutory language included was sent to STA Board members. If you would like a copy of this full report for your records, or if you would like an electronic copy-of this brief summary, please do not hesitate to contact Liz Shields Keating at 651/228-9757 or Ikeating~mandklaw.com. Thank you. Members: Maple Grove Transit, Minnesota Valley Transit Authority, Plymouth Metrolink, Shakopee Area Transit, Southwest Metro Transit Commission SUBURBAN TRANSIT ASSOCIATION 2001 REGULAR AND SPECIAL SESSIONS MINNESOTA LEGISLATIVE REPORT 'AUGUST 14, 2001 PREPARED BY TOM POUL, BILL SCHREIBER & LIZ SHIELDS KEATING MESSERLI & KRAMER P.A. SUBURBAN TRANSIT ASSOCIATION 200t Legislative Summary TABLE OF CONTENTS PAGE I. INTRODUCTION ....................................................................................... 1 I1. A, S. C. D, LAWS ENACTED DURING THE 2001 SESSION OMNIBUS TAX BILL Chapter 5 ..... : .................................................................................... 5 OMNIBUS TRANSPORTATION FINANCE BILL Chapter 8 ......................................................................................... 7 PUBLIC FINANCE BILL Chapter 214 ..................................................................................... 10 OMNIBUS STATE DEPARTMENTS FINANCE BILL Chapter 10 ....................................................................................... 10 III. A, BILLS THAT DID NOT BECOME LAW DURING THE 2001 SESSION BIODIESEL LEGISLATION ................................................................ 11 IV. CONCLUSION ............................................................................. 12 I. INTRODUCTION It began before the beginning and ended long after The End... The 82=~ Session of the'Minnesota Legislature began months before the official gavel was dropped. "No more Mr. Nice Guy' might best characterize the tone and substance of several of the campaigns, with both sides delivering kidney punches fueled by tons of money flowing into party and caucus coffers. VVhen the annual gathering was officially called to order on January 3, 2001, the tone of the campaigns carried over into its first days. Even before the swearing-in, the swearing had begun. While the House Speaker is vested with the sole authority to appoint committee membership, he or she usually makes only a few changes to the requests of the minority as to their committee preferences. This time was different. Despite tradition, Speaker Steve Sviggum repeatedly rejected the requests of the minority members - the final count totaled 64 deviations. In the Senate, which is generally the model of congeniality, the opening day was also marked by controversy. Fourteen-year veteran DFL member Bob Lessard (I-Int'l Falls), who was forced to run in the general election as an Independent against one of his former Democratic colleagues, took the unusual step of joining the Governor's Independence Party minutes before the 2001 Session opened. The next day, Gov. Ventura delivered his State of the State address - one of the earliest on' record. It was full of challenges, promises and threats. Ventura put enough on the legislative table to give any lawmaker pause- income and property tax cuts, tax rebates, sales taxes on a host of new items, K-12 education spending hikes and higher education spending cuts, teacher pay incentives, telecommunications reform, single- year sessions, campaign finance reform and, even the specter of the unicameral ghost. Then, he went on vacation and prepared for his new sideline job as a color commentator for the extreme Football League. However, beyond the political maneuverings of the opening days, the first weeks of the Session were absent much urgency as lawmakers waited for the Governor to present his budget recommendations, the more substantive guide to the Administration's intentions. Once the Govemor outlined his budget at the end of January, the ball started rolling. At issue on the tax front was the most massive reform in the state's tax code in almost 30 years. Governor Ventura opened the debate by proposing a major shift in school funding that would move most school operating costs off the property tax rolls and into the state's general fund budget. He also promised a significant tax rebate and one of the tightest state operating budgets in recent history, slashing hundreds of millions of dollars out of higher education budget and holding a firm rein on agency initiatives. With a nearly $1.2 billion surplus projected for the coming biennium, the Governor's preference was to "send the money back" rather than spend additional dollars on growing infrastructure needs and agency requests. Not to be outdone, the House Republican majority responded by pledging to pass a budget that was even tighter than the Governor's in all areas other than education and nursing home reimbursement. They also proposed slashing transportation, economic development and criminal justice systems while attempting to craft a tax reform package that placed emphasis on reducing property taxes on homes and businesses. Many observers, however, believed that the House Majority would be praying for some relief from their budget cutting fervor when the time came to face off with their Senate counterparts. The Senate DFL majority took a more traditional and "balanced" approach to the biennial budget. They offered a budget proposal and spending targets that would have used roughly half of the projected state surplus for tax cuts while spreading the remainder among education, transportation and health and human services programs. Topping the DFL spending list was an additional one-time expenditure of $300 million for transportation, as well as general fund increases of $783 million for education and $344 million for health and human services programs. The problem for each of the players was finding a partner to dance with. With little interest in concession and the belief that their tax plan would be the thing of which a "legacy" could be made, the House refused several compromise offers from the Senate. In the meantime, the Governor's office had omitted the "details" of the tax plan., claiming that this was the responsibility of the Legislature. The Governor's refusal to engage in the legislative process throughout most of the Session would set the stage for a "train wreck" as the legislative clock ticked toward the appointed hour for adjournment. Beyond tax reform, the issues in play ranged from abortion waiting periods to the mandated use of biodiesel-blended fuels across the state. Along the way, law enforcement was subjected to charges of racial profiling, they fended off an initiative to allow more Minnesotans to carry handguns and secured added dollars to upgrade criminal record tracking systems. The liquor industry battled with grocers over whether to permit wine sales at the local food store. The Minnesota Twins opened a winning season but could not get lawmakers to lend them the money needed to build a new baseball stadium. Commuter rail promoters struggled unsuccessfully against a hostile House Transportation Committee Finance chair while the debate over alternatives to metro highway congestion and decaying rural roads and bridges went nowhere. But, in the end, it was the debate over tax dollars that proved to be the demise of the regular Session. The House Republicans saw their legacy in the making and pressed relentlessly for major property tax reform for homeowners, businesses and renters. The Senate Democrats, in turn, held out for more public education funding and targeting of property tax relief toward the middle of the valuation scale. And, the Governor spent - his time berating both sides while jumping back and .forth between them in an attempt to pick and choose from among the competing interests. From a tactical perspective, the 2001 Session was a disaster. Despite the annual criticism of lawmakers always waiting to the end to finish their work, legislative leadership exacerbated the situation by setting late deadlines for completion of committee work. The result was too much time for development of partisan positions on a host of issues and too little time for resolution of the differences in conference committees. So, at midnight on May 21=, with plenty of finger pointing but little to show for their five- month effort, lawmakers adjoumed the regular Session and headed home deadlocked over the same issues that prevented compromise over the previous 4 1/2 months - tax reform and education spending. The tax bill and seven of eight major spending bills were left unfinished and threats of a first-ever state government shutdown seemed to offer little leverage over either issue. That's when the newspapers set to pounding on the major players - most particularly, Governor Jesse, the most media sensitive and savvy Chief Executive in years. Forced to wade in, he finally sided with the House and, at the end of a week, the Senate acquiesced to the most massive tax reform package in more than thirty years. Indeed, Senate Majority Leader Roger Moe - the wily political standard bearer of the liberal agenda for more than two decades - confessed to being outflanked. 'q'his is the Republicans' and governor's plan," he said. '~/hen it's two against one, it's difficult to negotiate." Then, the Governor blinked. VVithout the details of a comprehensive tax and spending agreement being worked out in advance, Ventura called a Special Session opening on June 11a. For the first two weeks, lawmakers returned to the Hill every three days only to be sent home again to await word of an agreement on the "tax package." Major spending conference committees dissolved and resurrected as %vorking groups" but, could accomplish little without spending targets to structure their work. And, in the bowels of the Capitol the chairs of the House and Senate tax committees locked homs in a baffle over a "legacy." Hours, then days, then weeks passed without results. Often times, the issues seemed to multiply as the key legislative players disputed just what it was that they had supposedly agreed to earlier in the day. And, the Administration began to lay plans for an unprecedented govemment shutdown - seemingly, the only club remaining for forcing an end to the debate. Finally, with less than seven days to go, the dam broke. Senate leaders acquiesced (once again) to sweeping across-the-board property tax reform and took as a consolation prize less commercial-industrial property tax relief, a limited measure of increased funding for public education, and increased local government aid. The 2001 tax bill was passed by lawmakers - with the Senate Majority Leader and Tax Committee Chair voting against the bill- two days before a government shutdown was to take effect. Then, one-by-one, the other major spending bills were enacted in a marathon final session that lasted into the wee hours of the deadline morning. The remainder of this report will focus on initiatives that were pursued this year at the Legislature that relate specifically to opt-out transit communities. As always, it has been a pleasure to work with the Suburban Transit Association, and the lobbyists at Messerli & Kramer P.A. look forward to representing you at the Capitol in 2002 and beyond. II. LAWS ENACTED DURING THE 200'1 SESSION 2001 OMNIBUS TAX BILL CHAPTER 5 SPECIAL SESSION H.F. 1 (REP. RON ABRAMS & SEN. LARRY POGEMILLER) EFFECTIVE DATES VARY a. Elimination of transit levy; dedication of MVET for transit operating costs The most significant provision in the Omnibus Tax Bill, as it relates to transit service providers, is the elimination of the property tax levy for transit operations. The elimination of the transit levy has been a priodty of the Republican caucus for several years. As such, the Suburban Transit Association opted to try to make the best of the situation, rather than expend valuable political capital attempting to stave off the inevitable. At this point, it is unclear what the full impacts of the new transit funding system will be. Overall, MVET is less stable than the property tax base. However, growth and expansion of the system is stdctly limited by the property tax, a significant problem that is increasing over time. As with any major funding shift, we anticipate some unique chailenges.dudng the transition pedod. The Suburban Transit Association will continue to work closely with the Metropolitan Council and Department of Finance ensure-'a smooth transition. If necessary, it will be possible to go back to the Legislature in the 2002 session to correct transition problems, including obtaining 'a supplemental appropriation. Key components of the MVET transfer are as follows: A Metropolitan Area Transit Fund is established in the state treasury. 20.5% of MVET is dedicated to the fund in FY03 and thereafter (based on 2001 property tax levy, = $116.93m). A separate Metropolitan Area transit appropriation account is established in the general fund. 2.0% of MVET is dedicated to the account beginning in FY04, to be used for metro transit systems subject to legislative appropriation. · 22.5% of FY04 and FY05 MVET is dedicated to metro, area transit operating costs ( = $132.19m in '04, $136.15m in '05). · The Metropolitan Area Transit Fund is to be administered by the Met Council. · The December, 2001 property tax payout will be last one. $5 million in transition funding is appropriated. (The Met Council requested $15.5 million). This transition funding shortfall could be the biggest challenge facing opt- out service providers. The Suburban Transit Association will continue to work with the Metropolitan Council and the Department of Finance to make sure that adequate revenue is available without completely draining reserve funds. The Met Council must annually provide each opt-out transit system with financial assistance at least equal to the operating assistance grants received or transit tax levied for Pay01. · Appropriations from Met Council will go directly to opt-out service providers, not to cities. Opt-out appropriations are to be increased proportionately by the growth in the Metropolitan Area Transit Fund and by the relative growth in the city's market value base relative to the growth in market value tax base of the metro area as a whole (same as current growth factor of market value). · Authority of Met Council and opt-outs to levy property taxes for the operating costs of transit systems is eliminated. Emergency levy provision: if MVET increases by less than the CPI, the Met Council can seek approval from Dept. of Finance to issue certificates of debt. The Met Council must wait until after an actual loss - the levy option does not kick in based on a projected loss. · Municipalities may levy property taxes for capital "and other related activities." Language contained in the Tax Bill expands the geographic area subject to the capital levy to include the entire 7-county area, and provides for new as well as existing levies to be spread against the expanded area. However, a provision in the Transportation Finance Bill requires cities and the Met Council to reach an agreement on expanded service before the capital levy can be spread outside the Transit Taxing District. The Transportation Bill language takes precedence over the Tax Bill language. A separate Greater MN transit fund is established in the state treasury. 1.25% of MVET is dedicated to the fund in FY03 and thereafter. Greater MN transit systems receiving MnDOT operating assistance are required to report to MnDOT the amount of their operating revenues derived from property taxes for 2001 by July 31, 2001. Increases in Greater MN transit fund grants are limited to 6.0% per year. · Opt-out governance structures are not impacted. · The feathering program is eliminated. b. Transit vehicle purchases exempt from state sales tax Article 12, section 85 provides that purchases of vehicles used for transit outside the metropolitan area and for transit in opt-out areas in the metropolitan area are exempt from the state sales tax. c. Light rail transit vehicle purchases exempt from state sales tax Article 12, section 57 provides that Metropolitan Council purchases of light rail transit vehicles and equipment are exempt from the state sales tax. PROVISIONS NOT INCLUDED IN THE TAX BILL a. Increased/indexed gas tax b. Metro area sales tax for transportation/transit projects c. Elected Met Council d. Abolishment of Met Council 2001 OMNIBUS TRANSPORTATION AND PUBLIC SAFETY FINANCE BILL CHAPTER 8 SPECIAL SESION S.F. 7 (SEN. DEAN JOHNSON & REP. CAROL MOLNAU) EFFECTIVE DATES VARY Overall, the Omnibus Transportation Finance Bill was a disappointment in that it failed to include a mechanism to provide ongoing, increased funding for transportation and transit projects. Below is a list of funding and policy provisions that were included. FUNDING PROVISIONS a. Metro Transit general fund appropriation $68.101 million in FY02 and $68.101 million in FY03 was appropriated to the Met Council for transit operating assistance. The biennial total is $136.202 million, with Metro Mobility limited to $42 million. Language specifies that the agency base is $65.601 million. b. 'Tab fee shortfall 32% MVET is allocated to cover tab fee shortfall to highway user tax distribution fund. el Transit advantages $2 million is appropriated for transit advantages: shoulder lanes, (excludes LRT, commuter rail). park-n-rides dl Greater MN transit assistance $17.501 million in FY02 and $17.501 million in FY03 is appropriated for Greater Minnesota transit operating assistance. e. Duluth transit funding formula This provision changes the funding formula for Duluth by repealing the special funding category for operating costs. POLICY PROVISIONS am HOV lane study $100,000 is appropriated to fund a study opening 1-394 and 35W HOV lanes to all vehicles. The consultant's report will be due to the Legislature by Feb. 1, 2002. A caveat to this requirement is that it prohibits any action that would result in loss of federal funds. bi Limitations on expansion of capital levy The Met Council may not levy for transit capital in cities outside the transit taxing district unless the Met Council and governing body of city or town have agreed to a service extension plan. This supercedes the provision in the Tax Bill that allows the capital levy to be spread upon the entire 7-county area. Cg TAB membemhip This provision makes several changes to the makeup of the Transportation Advisory Board. The TAB is now authorized to appoint its own chair (now appointed by the Met Council). Additionally, county boards and the Assoc. of Metro. Municipalities will now appoint some of the members. d. Busway study authorization amended This provision amends 2000 language to allow Met Council to study busways in northwest LRT corridor in Hennepin County and the part of the southwest corridor between Hopkins and Minneapolis. It prohibits busway studys in a portion of the southwest corridor located in Minnetonka, Eden Prairie, Chanhassen, and in the Midtown Greenway and Kenilworth corridors in Minneapolis. e. Crosstown reconstruction moratorium This provision imposes a 1-year moratorium on the Crosstown/I-35W reconstruction project. A consultant's report on alternative options is due to the Legislature by Jan. 15, 2002. Highway construction congestion mitigation MnDOT is prohibited from spending trunk highway funds to pay operating costs for bus service intended solely to mitigate effects of trunk highway construction projects. g. Major Transportation Projects Commission The threshold of $5 million is changed to "25% of estimated annual construction district budget'' for Major Projects Commission oversight. h. Design-build authorized MnDOT may award design-build contracts for transportation projects. Smart growth - highway projects Restrictions are placed on the ability of the Met Council and MnDOT to impose "smart-growth" requirements on highway projects. Performance based funding for small providers The small providers (DARTS, etc.) operating subsidy is amended by removing the sunset on the subsidy and lowering the recipient's potential cost from 100% to 41.5%. k. Prohibitions on LRTIcommuter rail studies MnDOT and the Met Council are prohibited from studying LRT and commuter rail unless funds are appropriated to study the specific route, including origination and destination. LRT budget requlrsments LRT budgets submitted to Legislature or Governor must include total operating costs. m. High speed rail MnDOT must notify the Legislature of funds spent to study high-speed intercity passenger rail. PROVISIONS NOTINCLUDED IN TRANSPORTATION BILL a. Photocop b. Northstar Corridor funding c. LRT taxing district (operating costs) d. Constitutional dedication of MVET for transit/transportation e. Buydown of fare increase ($18 million) f. Repeal of Riverview Corridor funding ($19 million) 2001 PUBLIC FINANCE BILL CHAPTER 214 REGULAR SESSION S.F. 2208 (SEN. LARRY POGEMILLER & REP. RON ABRAMS) EFFECTIVE DATES VARY Of interest to transit service providers in the Public Finance Bill is the provision that authorizes the Metropolitan Council to levy up to $45 million for transit capital projects. Though the Tax Bill authorizes this tax to be levied throughout the 7-county metropolitan area, a provision in the Transportation Finance Bill prohibits the expansion outside the current Transit Taxing District unless affected communities and the Met Council have agreed on a service expansion plan. 2001 STATE DEPARTMENTS FINANCE BILL CHAPTER 10 SPECIAL SESSION S.F. 9 (SEN. RICHARD COHEN & REP. PHIL KRINKIE) EFFECTIVE DATES VARY LEGISLATIVE COMMISSION ON METROPOLITAN COUNCIL Of interest in the 2001 Omnibus State Departments Bill is the establishment of a legislative commission charged with oversight of the Metropolitan Council's operating l0 and capital budgets, work program, and capital improvement program. The commission will be comprised of seven state senators and seven state representatives who reside in or represent a portion of the seven-county metropolitan area. The chair of the commission will alternate biennially between the House and Senate. The powers and duties of the commission are to monitor, review, and make recommendations to the Metropolitan Council and to the Legislature for the following calendar year on: 1) the tax rate and dollar amount of the Metropolitan Council's property tax levies and any proposed increases in the rate or dollar amount of tax; 2) any request for an increase in the debt of the Metropolitan Council; 3) the overall work and role of the Metropolitan Council; 4) the Metropolitan Council's proposed operating and capital budgets, work program, and capital improvement program; and 5) the Metropolitan Council's implementation of tl~e operating and capital budgets, work program, and capital improvements. .- The Commission will also monitor and make recommendations on appointments to the- .. Metropolitan Council. III. BILLS THAT DID NOT BECOME LAW DURING THE 2001 SESSION BIODIESEL The proposal for mandated use of bio-diesel blended fuel was heard by more committees and had more floor votes than any other agricultural issue during the 2001 session. Late in the Session, the Senate adopted a mandate that all diesel fuel sold in Minnesota for internal combustion engines contain a 2% bio-diesel blend beginning on July 1, 2003. The House adopted a position of requiring the use of a 2% biodiesel blend in all state and transit vehicles beginning on July 1, 2002. The Suburban Transit Association worked diligently to exempt opt-out transit and Metro Transit vehicles from the mandate provision, and was successful in doing so in conference committee and again on the floor. However, when the Omnibus Agriculture Policy Bill came to a final vote on the floor of the House, the biodiesel provision was eliminated altogether. IV. CONCLUSION The 200'1 Session was a busy one for the STA. Many of the initiatives that had been percolating for several years, such as the HOV lane study and the elimination of the transit levy, came to pass during the lengthy 2001 session. Though the final language has passed the Legislature and been signed into law by the Governor, many questions remain as to how the changes will impact opt-out transit service providers both immediately and long into the future. The significance of the changes wrought by the 2001 Legislature cannot be overstated. However, because the implementation of the MVET transfer will not take place for another year, the 2002 legislative session will provide an opportunity to address funding shortfalls and other transition problems. In the long run, funding transit operating costs out of a statewide fund will provide the opportunity to expand service into the high growth areas outside of the current Transit Taxing District. Overall, the most troubling aspect of the 2001 legislative session was the absence of a long-term funding mechanism for transportation and transit and the overall punitive actions by the Legislature toward the Metropolitan Council and the Department of Transportation. We hope that these relationships improve and that attitudes change for the upcoming 2002 session. This was the sixth legislative session that Messerli & Kramer P.A. served as legislative counsel for the STA. Please accept our thanks for the opportunity to serve as the voice of opt-out transit at the State Capitol. If you have questions or comments about this report, please contact Tom Poul, Bill Schreiber, or Liz Shields Keating at 651/228-9757 or at tpoul@mandklaw, com, bschreiber~mandklaw.com, or Ikeatin~mandklaw.com. 1_2 Introduction Referendum Decision Issues 1) State increase in referendum authority. 2) Renewal of current referendum authority. 3) Levy authority to accommodate future legislative increases. 4) Funding to meet operational needs for technology. 5) Renewal of current technology levies. 6) Synchronize existing referendum levies. Stares of Current Referendums · 1992 technology referendum: Expires 2002 · Operating referendum: Expires 2005 · 1996 technology referendum: Expires 2006 Synchronizing referendum expiration dates will eliminate 2 - 3 possible referendum elections in next five years. Two Possible Ballot Questions Dealing with Operational Issues: 1) Operating Referendum: A local voter approved supplement to state funding formulas to provide added operating funds for staff, textbooks, utilities, supplies and transportation. 2) Operational Technology/Equipment Referendum: A local voter approved down-payment referendum designated for technology and classroom equipment. Background: Major 2001 State Funding Changes · Minimal increase in state funding for suburban schools.. · State budget focused on property tax relief. · Additional referendum authority authorized. 2001 Legislation .... District Financial OverView · 2001 state per pupil increase for Minnetonka Schools: 01-02 $54 per pupil or .7% 02-03 $161 per pupil or 2.2% · 01-02 budget balanced with $2.2 million in CCM. Projected 6-30-02 Fund Balance of 6.2%. · 02-03 operating expenses projected to increase by 4%. Budget has projected short fall of $850,000. Projected 6-30-03 Fund Balance of 4.7%. 2001 Legislation... Focus on School Property Tax Relief Market Value 2001 Est. 2002 Est. Reduction $150,000 $1,038 $598 $440 42.4% $200,000 $1,592 $83'9 $753 47.3% $300,000 $2,699 $1,319 $1,380 51.1% $400,000 $3,807' $1,800 $2,007 52.7% $500,000 $4,914 $2,255 $2,659 54.1% 2001 Legislation... To address local funding needs referendum authority was increased · One-time 16.2% increase in 93-94 referendum cap. · No subsequent increase in cap included in 2001 legislation. · Effective for 02-03 budget (2002 levy). · Increase of $304 in levy authority raising $2.7 annually (less than a 5% revenue increase). · State officials support access to voter referendums: Ventura administration officials indicated that if schools want more money they can make the case to their voters. St. Paul Pioneer Prens, July 15, 2001 · School District requests to voters for new funding w/Il be common: "Suburban attempts to seek more money from voters are going to be unprecedented, I would guess, this fall". Scott Croonquist, AMSD Executive Director StarTrlbune August 12, 2001. Property Tax Impact of New Legislative Referendum Authority Market Value Property Tax Impact $150,000 $102 $200,000 $137 $300,000 $205 $400,000 $273 $500,000 $341 Renewal of Current Levy... On the Positive Side .... · No increase in taxes. · Would synchronize operating 1evy referendmns. On the Negative Side... · Might complicate question to voters. · Future legislative increase might require another referendum election. Levy Authority in Excess of State Cap On the Positive Side: · Would pre-approve levy of legislative increase in state cap without the time and expense of conducting election. · Levy increase is not automatic. Public hearing is required. On Negative Side: · Significantly complicate communications to public. · Could negatively affect passage of basic referendum. · Might impact credibility of District with public. TECHNOLOGY LEVY (Down Payment Levy) 1992 technology levy, which will provide $560,000 next year, will expire with the 2002 levy. 1992 and 1996 combined levy totals $925,782. Renewal process requires CFL Review and Comment. Election can be held at any time. July 26 School Board meeting .... Grow technology to better meet student needs. Provide staff training on most effective use of technology. Fund support staff to ensure high operational effectiveness. Provide adequate resources to improve student access to technology. Improve parent access to student information. Growing technology could mean .... · Add four to eight computers (laptops) in each elementary and middle level classroom. Currently one in each classroom. · Utilize wireless network technology in each classroom to connect laptops to the building network · Bring the technology to the classroom with "labs on a carl'. · h-service training for staff to optimize equipment and sol,rare. · Replace/upgrade five to eight year old TVs/VC~. · Enhance parent access to to student information. · Support staff to insure reliable operation of all systems. Financial Plan- Ten Year Levy Technology: $3.2 million annual budget: · Grow technology for students and staff. · Fund support costs now in General Fund. · Provide staff training. · Improve parent access and communications. Classroom Equipment: $240,000 annually for non-technology classroom equipment. Summary of Proposed Technology Budget Total Technology Budget for 02-03: Classroom Equipment Total 02-03 Annual Budget Less: 01-02 Levy Proposed Annual Increase $3,205,000 240,000 $3,445,000 925,000 $2,520,000 Plan submitted to CFL for Review and Comment Property Tax Impact of Increase in Tech/Classroom Equipment Levy Market Value Property Tax Impact $150,000 $89 $200,000 $118 $300,000 $178 $400,000 $237 $500,000 $296 Increase in Operational Resources Operating Referendum Question: Increase of $304 per pupil, an increase.of $2.7 million or 4.7% General Fund revenue. Operational Technology Question: Funding technology support costs will free $800,000 of General Fund resources. · Approval of both questions will increase General Fund resources by $3.5 million. Utilization of New Operational Resources: · Maintain current programs. · Avoid anticipated program cuts of $800,000 for 02-03. · Reduce class size in critical areas. · Provide prudent budget reserve to cushion future shortfalls. · Prudent reserve will assure strong financial rating for furore re-financing of current debt. Synchronizing Levy Questions: Operating Referendum: · One question in 2001 for ten years. One election. OR · Increase now and renewal in 2005. Two elections. 10 Synchronizing Levy Questions Technology Referendum: · Growth plus renewal of 2002 and 2006 levies. One election. OR · Renewal of 2002 plus growth and renewal in 2006. Two elections. Synchronizing both election dates · Results in one election versus three. · Establishes 2011 as expiration date for both questions.. What is the tax impact of both operational issues? Market Value Est. Reduction Net Oper. Tech. Reduction $150,000 $440 $102 $89 $249 $200,000 $753 $137 $118 $498 $300,000 $1,380 $205 $178 $997 $400,000 $2,007 $273 $237 $1,497 $500,000 $2,659 $341 $296 $2,022 11 Decision Calendar August 16: Discuss pros and cons of options. August 24: Possible report from on community survey. September 6: Public hearing and report on community survey (if not provided August 24) September 14: Board resolution calling for election on - November 6. Discussion Points: 1) Submit to voters state increase in referendum authority. 2) Renewal of current referendum authority. 3) Levy authority for future legislative increases. 4) Funding to meet operational needs for technology. 5) Renewal of current technology levies. 6) Synchronize existing referendum levies. 12