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Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL TUESDAY, NOVEMBER 13, 2018 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:15 P.M. ­ CANVASS BOARD, FOUNTAIN CONFERENCE ROOM 1.Resolution 2018­55: Canvass Results of General Election on November 6, 2018 B.5:30 P.M. ­ WORK SESSION Note:  Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.Review Annual Rate Study 2.Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction Program 3.Franchise Fee Discussion 4.Distribute City Manager's Work Plan and Discuss Schedule for Performance Evaluation C.7:00 P.M. ­ CALL TO ORDER D.PUBLIC ANNOUNCEMENTS E.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion.  There will be no separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and considered separately.  City council action is based on the staff recommendation for each item.  Refer to the council packet for each staff report. 1.Approve City Council Minutes dated October 22, 2018 2.Receive Planning Commission Work Session Minutes dated October 16, 2018 3.Resolution 2018­52: Authorize 2018 Fund Transfers, Creation of Park Replacement Fund, and Closure of Funds No Longer in Use 4.Resolution 2018­53: Orchard Lane Area Street & Utility Reconstruction Project­ Approve Plans & Specifications and Authorize Advertisement for Bids 5.Award Banking Services Contract 6.Resolution 2018­54 Amending Halla Stipulation Agreement AGENDACHANHASSEN CITY COUNCILTUESDAY, NOVEMBER 13, 2018CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:15 P.M. ­ CANVASS BOARD, FOUNTAIN CONFERENCE ROOM1.Resolution 2018­55: Canvass Results of General Election on November 6, 2018B.5:30 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Review Annual Rate Study2.Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction Program3.Franchise Fee Discussion4.Distribute City Manager's Work Plan and Discuss Schedule for Performance EvaluationC.7:00 P.M. ­ CALL TO ORDERD.PUBLIC ANNOUNCEMENTSE.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated October 22, 20182.Receive Planning Commission Work Session Minutes dated October 16, 20183.Resolution 2018­52: Authorize 2018 Fund Transfers, Creation of Park ReplacementFund, and Closure of Funds No Longer in Use4.Resolution 2018­53: Orchard Lane Area Street & Utility Reconstruction Project­Approve Plans & Specifications and Authorize Advertisement for Bids5.Award Banking Services Contract 6.Resolution 2018­54 Amending Halla Stipulation Agreement F.VISITOR PRESENTATIONS G.OLD BUSINESS 1.Accept Downtown Vision H.NEW BUSINESS 1.Approve Stipulation for Settlement Agreement for Acquisition of Property Located at 730 Vogelsberg Trail in Conjunction with the TH101 Improvements, City Project No. 14­08 I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS K.CORRESPONDENCE DISCUSSION 1.Review of Claims Paid 11­13­2018 2.General Budget Sheets for Fiscal Year 2018, Period 01­09 3.October Website Analytics Overview L.ADJOURNMENT M.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.  That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor.  When called upon to speak, state your name, address, and topic.  All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue.  Limit your comments to five minutes.  Additional time may be granted at the discretion of the Mayor.  If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.  Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed.  Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Houlihan's, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event.  All members of the public are welcome. CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Resolution 2018­55: Canvass Results of General Election on November 6, 2018 Section 5:15 P.M. ­ CANVASS BOARD, FOUNTAIN CONFERENCE ROOM Item No: A.1. Prepared By Kim Meuwissen, Office Manager File No:  PROPOSED MOTION “The City Council approves the Resolution Canvassing Local Election Results from the November 6, 2018 General Election.” Approval requires a Simple Majority Vote of members present. BACKGROUND Each election year, the city council, sitting as the Election Canvassing Board, must declare the results of the local election.  Attached please find a resolution that declares the winners of the races for the Mayor and two City Council members as follows:  Mayor:  Elise Ryan City Council:  Dan Campion City Council:  Julia Coleman RECOMMENDATION Staff recommends approval of the attached resolution canvassing the local election results from the November 6, 2018 General Election. ATTACHMENTS: Oath of Canvass Board Resolution 2018 General Election Chanhassen Results OATH OF CANVASS BOARD I, ___________________, solemnly swear that I will perform the duties of a member of the Canvass Board according to law and the best of my ability and will diligently endeavor to prevent fraud, deceit and abuse in conducting this canvass. I will perform my duties in a fair and impartial manner and not attempt to create an advantage for my party or for any candidate. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 13, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: A RESOLUTION CANVASSING THE ELECTION RESULTS OF THE NOVEMBER 6, 2018 GENERAL ELECTION WHEREAS, the municipal election was duly held on Tuesday, November 6, 2018 for the election of the mayor and two council members for terms ending on the first business day of January, 2023; and WHEREAS, the City Council of Chanhassen has this date duly met as the City Canvassing Board to declare the results of the election returns made by the election judges as true and correct. Said results are listed on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council, sitting as the City Canvassing Board, hereby declares the results of the 2016 municipal election as follows: 1. For the position of Mayor – Elise Ryan 2. For the position of Council Member – Dan Campion 3. For the position of Council Member – Julia Coleman Passed and adopted by the Chanhassen City Council sitting as the City Canvassing Board this 13th day of November, 2018. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT 2018 GENERAL ELECTION RESULTS NOVEMBER 6, 2018 Precinct 1A Precinct 1B Precinct 2A Precinct 2B Precinct 3 Precinct 4 Precinct 5 Total Precinct Votes Counted 1,298 1,490 1,048 1,549 1,809 1,727 1,715 10,636 Absentee Votes Counted 411 359 366 453 561 621 603 3,374 Total Votes Counted 1,709 1,849 1,414 2,002 2,370 2,348 2,318 14,010 Total Registered at 7:00a.m. 1,984 2,187 1,614 2,389 2,907 2,833 2,843 16,757 Registered Election Day 57 92 86 108 107 145 128 723 Percentage 86.14%84.55%87.61%83.80%81.53%82.88%81.53%83.61% Mayor City of Chanhassen Precinct 1A Precinct 1B Precinct 2A Precinct 2B Precinct 3 Precinct 4 Precinct 5 Total Percent of Votes Elise Ryan 998 1,026 881 1,098 1,167 1,047 1,171 7,388 57.23% Denny Laufenburger 456 511 355 583 826 914 770 4,415 34.20% TJ Hart 51 130 34 120 59 110 60 564 4.37% Balakrishna Chintaginjala 51 56 43 51 125 90 103 519 4.02% Write-ins 4 4 2 4 2 4 3 23 0.18% Totals 1,560 1,727 1,315 1,856 2,179 2,165 2,107 12,909 100.00% Overvotes 0 2 0 1 1 0 1 5 Undervotes 113 94 83 120 133 126 143 812 Council Member City of Chanhassen Precinct 1A Precinct 1B Precinct 2A Precinct 2B Precinct 3 Precinct 4 Precinct 5 Total Percent of Votes Julia Coleman 824 1,087 724 1,159 1,239 1,283 1,306 7,622 42.03% Dan Campion 896 777 706 1,005 975 939 880 6,178 34.07% Bob Ayotte 506 554 382 664 676 807 660 4,249 23.43% Write-ins 17 12 11 13 9 14 10 86 0.47% Totals 2,243 2,430 1,823 2,841 2,899 3,043 2,856 18,135 100.00% Overvotes 0 0 0 0 0 0 0 0 Undervotes 887 1,036 760 886 1,405 1,220 1,338 7,532 Mayor Elise Ryan City Council Member Julia Coleman City Council Member Dan Campion Signed this 13th day of November, 2018 _____________________________________ Denny Laufenburger _________________________________________________________________________ Elise Ryan Dan Campion _________________________________________________________________________ Jerry A. McDonald Bethany Tjornhom The Chanhassen City Council, serving as the Canvassing Board, solumnly swears to perform the duties of a member of the Canvass Board according to law and the best of their ability and will diligently endeavor to prevent fraud, deceit, and abuse in conducting this canvass. They will perform their duties in a fair and impartial manner and not attempt to create an advantage for their party or their candidate. The Canvass Board hereby declares the results of the 2018 municipal election as follows: CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Review Annual Rate Study Section 5:30 P.M. ­ WORK SESSION Item No: B.1. Prepared By Greg Sticha, Finance Director File No: ADM­262 BACKGROUND This evening Ehlers & Associates, the city’s financial advisors, will be presenting the 2019 rate study.  The city council will set the utility rates for 2019 on December 10, 2018.  Below are the changes from last year’s projections for utility rates in 2019 as compared to this year’s rate study. Water The water rates in last year’s study indicated a need for increase in 2019 of 5.0% for operating rates and 4% for connections.  This year’s study indicates no need for change in operating rates and we were able to lower the connection charge increase from 4% to 3.5% for the next few years going forward.   Sanitary Sewer The sanitary sewer rates in last year’s study indicated a need for an increase in 2018 of 5.0% for operating rates and 0% for connection charges.  This year’s study indicates no need for changing any of the fees different than what was indicated in last year’s rate study. Storm Water The storm water rates in last year’s study indicated a need for an increase in 2018 of 5% for operating rates and 1% for connection charges.  This year’s study staff and Ehlers is recommending a larger increase in the quarterly fee to pay for increased complex mandates on storm water collection and an aging storm water system that was mostly installed when the city’s other infrastructure including streets were installed. Staff is suggesting an increase in the quarterly storm water fee from $11.22/quarter to $14.87/quarter and only 4% increases after that. The increase in our quarterly charge would still keep our quarterly storm water fee below at least three of our KFS cities and just slightly above average of all of our KFS cities.  On the connection charges, the study is indicating a 2% increase going forward rather than a 1% increase as indicated in last year’s study SUMMARY Attached is the PowerPoint presentation of the results of the study prepared by Ehlers & Associates.  No action is needed on this item at tonight’s meeting, but staff is looking for direction on setting the utility rates for 2019.  On December 10, 2018, the city council will consider an amendment to the fee ordinance, which will incorporate any changes discussed at tonight’s meeting. CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectReview Annual Rate StudySection5:30 P.M. ­ WORK SESSION Item No: B.1.Prepared By Greg Sticha, Finance Director File No: ADM­262BACKGROUNDThis evening Ehlers & Associates, the city’s financial advisors, will be presenting the 2019 rate study.  The city councilwill set the utility rates for 2019 on December 10, 2018.  Below are the changes from last year’s projections for utilityrates in 2019 as compared to this year’s rate study.WaterThe water rates in last year’s study indicated a need for increase in 2019 of 5.0% for operating rates and 4% forconnections.  This year’s study indicates no need for change in operating rates and we were able to lower theconnection charge increase from 4% to 3.5% for the next few years going forward.  Sanitary SewerThe sanitary sewer rates in last year’s study indicated a need for an increase in 2018 of 5.0% for operating rates and0% for connection charges.  This year’s study indicates no need for changing any of the fees different than what wasindicated in last year’s rate study.Storm WaterThe storm water rates in last year’s study indicated a need for an increase in 2018 of 5% for operating rates and 1%for connection charges.  This year’s study staff and Ehlers is recommending a larger increase in the quarterly fee to payfor increased complex mandates on storm water collection and an aging storm water system that was mostly installedwhen the city’s other infrastructure including streets were installed. Staff is suggesting an increase in the quarterly stormwater fee from $11.22/quarter to $14.87/quarter and only 4% increases after that. The increase in our quarterlycharge would still keep our quarterly storm water fee below at least three of our KFS cities and just slightly aboveaverage of all of our KFS cities.  On the connection charges, the study is indicating a 2% increase going forwardrather than a 1% increase as indicated in last year’s studySUMMARYAttached is the PowerPoint presentation of the results of the study prepared by Ehlers & Associates.  No action isneeded on this item at tonight’s meeting, but staff is looking for direction on setting the utility rates for 2019.  On December 10, 2018, the city council will consider an amendment to the fee ordinance, which will incorporate any changes discussed at tonight’s meeting. ATTACHMENTS: Rate Study PPT Utility Rate Analysis Water, Sanitary Sewer and Storm Water November 13, 2018 Key Findings –2019 User Rates •Storm Water Fund •Street reconstruction and new regulations increase costs •$14.87 per quarter proposed •$3.65 increase ($1.22 per month) •Water Fund –5% annual increase •Consistent with last year’s study •$13.64 base fee with a 5.0% increase to usage rates •Sewer Fund –5% •Consistent with last year’s study •$31.50 minimum fee with a 5.0% increase to usage rates Key Assumptions •Growth Future growth assumed: –130 residential units per year –25 commercial SAC units –Higher than actual growth in 2016 and 2017 •City operating costs increase 3 -4% per year •Capital costs inflated 4% per year •Water use will decline to match expected 2018 consumption City’s Storm Water System •251 Ponds –Many over 15 years old –5 ponds scheduled for cleaning/year •Street Reconstruction –Curb, gutter, conveyance is a storm cost –Storm costs not assessed City’s Storm Water System •New Watershed and Permitting Rules –Improved (and more expensive) systems must be installed when replacing old infrastructure Storm Water CIP •Average inflated capital cost is $659K per year over next five years –$250,000/year street reconstruction –$160,000/year pond improvements –$261,000 street sweeper –Various other projects •19% increase over last year estimate Storm Water Rates •$3.65 quarterly fee increase in 2019 –Equates to $1.22 per month •4.00% annual increases 2020 and beyond –About 60 cents per quarter –5% projected last year 2018 2019 2020 2021 Fixed Quarterly Fee $11.21 $14.87 $15.46 $16.08 KFS Storm Water Sample Bills Storm Water Area Charges •New fee structure began in 2016 •2% increase proposed for 2019 Charge Per Acre 2018 (Before Credits) Proposed 2019 (Before Credits) Single Family $8,160 $8,323 Townhouse $14,660 $14,953 Apartment Complex/ High Density $14,660 $14,953 Commercial $30,910 $31,528 Industrial $21,160 $21,583 Impact on City Storm Water Fund •Goal is to use cash for capital projects •Small amount of bonding expected in 2027 ($400,000) Water CIP •West Water Treatment Plant: $16.2 million completed 2018 •Replacing water mains under street projects -$660,000 average annual cost over five years •Oversizing costs to extend water main along TH101 and to the Lower Bluff Creek area –combined $1,100,000 •Painting of the Water tower Place in 2019 -$2,000,000 •New wells in 2024 and 2028 –average $1,300,000 each •Elevated Storage Tank in 2023 -$2,600,000 Proposed 2019 Water Rates •5% annual rate increases Quarterly Water Rates Existing Proposed Quarterly Rates 2018 2019 2020 2021 2022 2023 Percentage Increase 5.00%5.00%5.00%5.00%5.00% Flat Rates All Users Minimum Charge $12.99 $13.64 $14.32 $15.04 $15.79 $16.58 Usage Rates Residential/Commercial/Irriga tion 0-6,000 gallons $1.22 $1.28 $1.35 $1.41 $1.48 $1.56 6,001-24,000 gallons 2.45 2.57 2.70 2.84 2.98 3.13 24,001-48,000 gallons 3.21 3.37 3.54 3.72 3.90 4.10 48,001-99,000 gallons 3.74 3.93 4.12 4.33 4.55 4.77 > 99,001 gallons 4.75 4.99 5.24 5.50 5.77 6.06 Multi-Family All Usage, per 1,000 gallons $2.45 $2.57 $2.70 $2.84 $2.98 $3.13 Water Bill Comparison Impact on City Water Fund •Capital improvements financed Water Hook-Up Fees •Hook-Up fees pay for –New wells and storage tanks –50% of debt service on water treatment plants •Proposed 2019 Hook-up Fee increase is 3.5% Proposed Water Hook-up Fee per SAC Unit 2018 Fee (Combined Platting and Hook-up Fee) $7,443 Proposed 2019 Fee (Combined Platting and Hook-up Fee) $7,704 Amount Increase $ 261 Sanitary Sewer & MCES •MCES disposal charges are increasing 3.5% in 2019 •Future MCES Charge assumed to increase 5% per year •MCES Charges are 68% of Operating Expenses (excluding depreciation) Sanitary Sewer CIP •Replacing sewer mains –$162,000 average annual cost over 5 years •2010 MUSA Lift Station in 2022 –$1,900,000 •Lower Bluff Creek Trunk Improvements in 2022 –$1,800,000 •TH101 Improvements from Pioneer to Flying Cloud Drive –$750,000 •Inflow and infiltration: –$200,000 per year Proposed 2019 Sewer Rates •Fixed quarterly minimum charge includes first 6,000 gallons used •Rate study projects 5.00% annual increases Existing Proposed Quarterly Rates 2018 2019 2020 2021 2022 2023 5.00%5.00%5.00%5.00%5.00% Flat Rates All Users Minimum Charge $30.00 $31.50 $33.08 $34.73 $36.47 $38.29 Usage Rates All Users >6000 gallons $4.88 $5.12 $5.38 $5.65 $5.93 $6.23 KFS Sewer Bill Comparison Impact on City Sewer Fund Utility Bill for Average Customer Actual Proposed 2018 2019 2020 2021 2022 Average Quarterly Residential Bill 26,000 gallons water and 26,000 gallons sewer Water $ 70.83 $ 74.32 $ 78.04 $ 81.94 $ 86.03 Sewer 127.60 133.90 140.60 147.62 155.01 Storm 11.22 14.87 15.46 16.08 16.73 Total $ 209.65 $ 223.09 $ 234.10 $ 245.65 $ 257.77 Percent Increase 6.4%4.9%4.9%4.9% Amount Increase $13.44 $11.01 $11.55 $12.12 Summary •Rate increases needed in 2019: –Storm Water –$3.65 per quarter –Water –5% –Sewer –5% •Hook-Up Fees –Water –3.5% –Sewer –0% –Storm Water –2% Next Steps •Tonight –Council Feedback –Discuss findings and initial recommendations •Ehlers to incorporate feedback into revised plan and report •Review updates and adopt rates for 2019 651-697-8546 jcook@ehlers-inc.com Jessica Cook Senior Financial Specialist CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Key Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction Program Section 5:30 P.M. ­ WORK SESSION Item No: B.2. Prepared By Paule Oehme, Public Works Director/City Engineer File No: PW254 BACKGROUND Inflow is clear water that enters the wastewater system from sources such as sewer cleanouts and sump pumps, rain drains, and building foundation drains connected directly to the public system.  Infiltration is clear water (stormwater or groundwater) that gradually enters the wastewater system below ground through cracks and openings in sewer service lines, joints, public sewer mains and deteriorated maintenance holes (see Figure 1 for an illustration of I/I sources).  The addition of excessive clear water (inflow and infiltration­I/I) into local and regional wastewater collection systems can create multiple problems for these systems, including basement backups, wastewater spills, and the excessive utilization of remaining pipe capacity reserved for future growth. The Metropolitan Council Environmental Services (MCES) sanitary service area includes Chanhassen. The city’s wastewater is collected via a large trunk sewer line which drains from west to east through the city. Prior to wastewater leaving the city via this trunk sewer line, the flows are metered by the MCES at specific discharge points (currently there are three meters monitored by the MCES), then these flows are routed to the MCES Blue Lake Wastewater Treatment Plant in Shakopee.  I/I that enters the local wastewater collection is charged as sewer flow.  It is in the best interest of the city to minimize the amount of I/I entering the wastewater collection system.  I/I has been an ongoing problem for many communities in the MCES sanitary service area. To address problems associated with I/I, the city has completed multiple programs throughout the years. Completed in 1999­2000, the city introduced a home inspection program that aimed at eliminating non­compliant systems existing in the city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the total sewer connections in the city) were found to have non­compliant connections (see Figure 2). In the years following, the city conducted spot inspections to verify non­compliant systems were disconnected; all systems were found to be compliant. In 2001, the city completed a feasibility study for sewage flow monitoring which identified all sewage flows coming into the city system and all flows leaving the city. This report helped identify areas of likely I/I. Other I/I reduction programs and projects the city has spearheaded are sanitary sewer televising, sewer repair, and beginning in 2007, a Street Reconstruction Program incorporating sanitary sewer repair and replacement.  It wasn’t until 2004 that the MCES began its evaluation of how to deal with excessive I/I by way of the 2004 Task Force, which concluded that communities with excessive I/I should be accountable for excess costs to the regional system. On February 8, 2006, the MCES adopted a surcharge program for all communities in their respective service area.  From June 2004 through June 2006, the MCES monitored excess I/I and established I/I goals and metershed thresholds for each community discharging wastewater into the regional system. These goals and thresholds are the basis for the adopted MCES surcharge policy. This policy charges cities based on the volume of excess I/I (exceedance of the peak flow discharge thresholds to the regional system). CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectKey Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction ProgramSection5:30 P.M. ­ WORK SESSION Item No: B.2.Prepared By Paule Oehme, Public WorksDirector/City Engineer File No: PW254BACKGROUNDInflow is clear water that enters the wastewater system from sources such as sewer cleanouts and sump pumps, raindrains, and building foundation drains connected directly to the public system.  Infiltration is clear water (stormwater orgroundwater) that gradually enters the wastewater system below ground through cracks and openings in sewer servicelines, joints, public sewer mains and deteriorated maintenance holes (see Figure 1 for an illustration of I/I sources). The addition of excessive clear water (inflow and infiltration­I/I) into local and regional wastewater collection systemscan create multiple problems for these systems, including basement backups, wastewater spills, and the excessiveutilization of remaining pipe capacity reserved for future growth. The Metropolitan Council Environmental Services(MCES) sanitary service area includes Chanhassen. The city’s wastewater is collected via a large trunk sewer linewhich drains from west to east through the city. Prior to wastewater leaving the city via this trunk sewer line, the flowsare metered by the MCES at specific discharge points (currently there are three meters monitored by the MCES),then these flows are routed to the MCES Blue Lake Wastewater Treatment Plant in Shakopee.  I/I that enters thelocal wastewater collection is charged as sewer flow.  It is in the best interest of the city to minimize the amount of I/Ientering the wastewater collection system.  I/I has been an ongoing problem for many communities in the MCESsanitary service area.To address problems associated with I/I, the city has completed multiple programs throughout the years. Completed in1999­2000, the city introduced a home inspection program that aimed at eliminating non­compliant systems existing inthe city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the total sewer connectionsin the city) were found to have non­compliant connections (see Figure 2). In the years following, the city conductedspot inspections to verify non­compliant systems were disconnected; all systems were found to be compliant. In 2001,the city completed a feasibility study for sewage flow monitoring which identified all sewage flows coming into the citysystem and all flows leaving the city. This report helped identify areas of likely I/I. Other I/I reduction programs andprojects the city has spearheaded are sanitary sewer televising, sewer repair, and beginning in 2007, a StreetReconstruction Program incorporating sanitary sewer repair and replacement.  It wasn’t until 2004 that the MCESbegan its evaluation of how to deal with excessive I/I by way of the 2004 Task Force, which concluded thatcommunities with excessive I/I should be accountable for excess costs to the regional system.On February 8, 2006, the MCES adopted a surcharge program for all communities in their respective service area. From June 2004 through June 2006, the MCES monitored excess I/I and established I/I goals and metershedthresholds for each community discharging wastewater into the regional system. These goals and thresholds are thebasis for the adopted MCES surcharge policy. This policy charges cities based on the volume of excess I/I (exceedance of the peak flow discharge thresholds to the regional system). Communities that experience such surcharge events metered by the MCES’ surcharge policy have two options in response to the pecuniary penalties: 1. Direct Surcharge Payments ­ Pay the mitigation amount directly to the MCES as a surcharge. The MCES annualizes the estimated I/I mitigation cost over a four­year period and bills proportionately on a monthly basis; or 2. I/I Mitigation Work Plan ­ Perform I/I mitigation work to the value of the surcharge amount. The community submits an I/I work plan to the MCES outlining a four­year implementation period of improvements to the community's I/I problems.  Annually, in the four­year implementation period (or until the estimated I/I mitigation cost value is reached), the community submits I/I Mitigation Work Verification Forms showing actual costs for I/I mitigation activities outlined in the work plan. During the monitoring period, on September 4, 2005, an exceedance event occurred (i.e. unusual heavy rainfall) above the peak flow discharge threshold. The city’s exceedance totaled 3.89 million gallons per day (MGD). The MCES surcharge amount for this period was $350,000 per million gallons, which enumerated to an estimated cost of $1,559,600 to the city. While the city did not receive any grant funds from the MCES to help pay for the surcharge during this period, from 2010 through 2013, $199,030 was allocated through MCES grant programs.  A second exceedance event of approximately 3.23 MGD occurred on June 19, 2014 at a surcharge amount of $407,000 per million gallons, totaling $1,315,550. The city has $415,338 left to pay off this surcharge (awaiting completion of 2018 and 2019 work). The city has received $66,346 in grant funds to date (2014­2016) from the MCES to help pay for the surcharge through the I/I Mitigation Work Plan, with potential available funds for 2017­2019 totaling $99,352. The type of work eligible through an I/I Mitigation Work Plan for reducing mitigation costs include: Temporary flow monitoring, CCTV inspections, Installing watertight MH covers in vulnerable areas, Pipe lining, and Line replacement See Figure 3 for more details on eligible improvements and amounts. The city’s sanitary sewer system consists of approximately 343,000 linear feet (65 miles) of 6­inch to 42­inch diameter vitrified clay pipe (VCP), acrylonitrile butadiene styrene (ABS), reinforced concrete pipe (RCP), ductile iron pipe (DIP), and polyvinyl chloride (PVC) plastic sewer pipe, along with the many appurtenances associated with a large sanitary sewer system (lift stations, force mains, manholes, etc.). The city’s system was originally constructed in the 1950s with a majority of the system being constructed in the 1970s and 1980s.  Because of the age of the city’s sanitary system and the unique challenges associated with I/I, if the city does not invest in improvements to the wastewater system or does not directly address the problem of I/I in our community, mitigation costs and surcharges will continue indefinitely. Thus, since the implementation of the MCES’ surcharge policy, the city has engaged in improving I/I under the I/I Mitigation Work Plan.  See Figure 5 for all I/I studied and improved areas since 2006 (all sewer lines highlighted in red have been studied or improved, all lines in green represent areas that have yet to be studied or improved).  I/I Mitigation Work Plans are developed around three key principles: 1. To decrease I/I to the sanitary system, 2. Eliminate surcharge, and 3. Reduce the potential for future excess charges by MCES. These work plans rely on a capital improvement program (CIP). The proposed CIP is based on identifying and ranking regions in the city which have I/I problems. It also includes locating specific I/I problems within the identified regions using sewer televising and visual inspection, and correcting the I/I through the use of pipe repair technologies and reconstructions.  CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectKey Financial Strategy: Sanitary Sewer Inflow/Infiltration Reduction ProgramSection5:30 P.M. ­ WORK SESSION Item No: B.2.Prepared By Paule Oehme, Public WorksDirector/City Engineer File No: PW254BACKGROUNDInflow is clear water that enters the wastewater system from sources such as sewer cleanouts and sump pumps, raindrains, and building foundation drains connected directly to the public system.  Infiltration is clear water (stormwater orgroundwater) that gradually enters the wastewater system below ground through cracks and openings in sewer servicelines, joints, public sewer mains and deteriorated maintenance holes (see Figure 1 for an illustration of I/I sources). The addition of excessive clear water (inflow and infiltration­I/I) into local and regional wastewater collection systemscan create multiple problems for these systems, including basement backups, wastewater spills, and the excessiveutilization of remaining pipe capacity reserved for future growth. The Metropolitan Council Environmental Services(MCES) sanitary service area includes Chanhassen. The city’s wastewater is collected via a large trunk sewer linewhich drains from west to east through the city. Prior to wastewater leaving the city via this trunk sewer line, the flowsare metered by the MCES at specific discharge points (currently there are three meters monitored by the MCES),then these flows are routed to the MCES Blue Lake Wastewater Treatment Plant in Shakopee.  I/I that enters thelocal wastewater collection is charged as sewer flow.  It is in the best interest of the city to minimize the amount of I/Ientering the wastewater collection system.  I/I has been an ongoing problem for many communities in the MCESsanitary service area.To address problems associated with I/I, the city has completed multiple programs throughout the years. Completed in1999­2000, the city introduced a home inspection program that aimed at eliminating non­compliant systems existing inthe city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the total sewer connectionsin the city) were found to have non­compliant connections (see Figure 2). In the years following, the city conductedspot inspections to verify non­compliant systems were disconnected; all systems were found to be compliant. In 2001,the city completed a feasibility study for sewage flow monitoring which identified all sewage flows coming into the citysystem and all flows leaving the city. This report helped identify areas of likely I/I. Other I/I reduction programs andprojects the city has spearheaded are sanitary sewer televising, sewer repair, and beginning in 2007, a StreetReconstruction Program incorporating sanitary sewer repair and replacement.  It wasn’t until 2004 that the MCESbegan its evaluation of how to deal with excessive I/I by way of the 2004 Task Force, which concluded thatcommunities with excessive I/I should be accountable for excess costs to the regional system.On February 8, 2006, the MCES adopted a surcharge program for all communities in their respective service area. From June 2004 through June 2006, the MCES monitored excess I/I and established I/I goals and metershedthresholds for each community discharging wastewater into the regional system. These goals and thresholds are thebasis for the adopted MCES surcharge policy. This policy charges cities based on the volume of excess I/I(exceedance of the peak flow discharge thresholds to the regional system).Communities that experience such surcharge events metered by the MCES’ surcharge policy have two options inresponse to the pecuniary penalties:1. Direct Surcharge Payments ­ Pay the mitigation amount directly to the MCES as a surcharge. The MCESannualizes the estimated I/I mitigation cost over a four­year period and bills proportionately on a monthly basis; or2. I/I Mitigation Work Plan ­ Perform I/I mitigation work to the value of the surcharge amount. The communitysubmits an I/I work plan to the MCES outlining a four­year implementation period of improvements to thecommunity's I/I problems.  Annually, in the four­year implementation period (or until the estimated I/I mitigationcost value is reached), the community submits I/I Mitigation Work Verification Forms showing actual costs for I/Imitigation activities outlined in the work plan.During the monitoring period, on September 4, 2005, an exceedance event occurred (i.e. unusual heavy rainfall)above the peak flow discharge threshold. The city’s exceedance totaled 3.89 million gallons per day (MGD). TheMCES surcharge amount for this period was $350,000 per million gallons, which enumerated to an estimated cost of$1,559,600 to the city. While the city did not receive any grant funds from the MCES to help pay for the surchargeduring this period, from 2010 through 2013, $199,030 was allocated through MCES grant programs.  A secondexceedance event of approximately 3.23 MGD occurred on June 19, 2014 at a surcharge amount of $407,000 permillion gallons, totaling $1,315,550. The city has $415,338 left to pay off this surcharge (awaiting completion of 2018and 2019 work). The city has received $66,346 in grant funds to date (2014­2016) from the MCES to help pay forthe surcharge through the I/I Mitigation Work Plan, with potential available funds for 2017­2019 totaling $99,352.The type of work eligible through an I/I Mitigation Work Plan for reducing mitigation costs include:Temporary flow monitoring,CCTV inspections,Installing watertight MH covers in vulnerable areas,Pipe lining, andLine replacementSee Figure 3 for more details on eligible improvements and amounts.The city’s sanitary sewer system consists of approximately 343,000 linear feet (65 miles) of 6­inch to 42­inchdiameter vitrified clay pipe (VCP), acrylonitrile butadiene styrene (ABS), reinforced concrete pipe (RCP), ductile ironpipe (DIP), and polyvinyl chloride (PVC) plastic sewer pipe, along with the many appurtenances associated with alarge sanitary sewer system (lift stations, force mains, manholes, etc.). The city’s system was originally constructed inthe 1950s with a majority of the system being constructed in the 1970s and 1980s. Because of the age of the city’s sanitary system and the unique challenges associated with I/I, if the city does not investin improvements to the wastewater system or does not directly address the problem of I/I in our community, mitigationcosts and surcharges will continue indefinitely. Thus, since the implementation of the MCES’ surcharge policy, the cityhas engaged in improving I/I under the I/I Mitigation Work Plan.  See Figure 5 for all I/I studied and improved areassince 2006 (all sewer lines highlighted in red have been studied or improved, all lines in green represent areasthat have yet to be studied or improved). I/I Mitigation Work Plans are developed around three key principles:1. To decrease I/I to the sanitary system,2. Eliminate surcharge, and3. Reduce the potential for future excess charges by MCES.These work plans rely on a capital improvement program (CIP). The proposed CIP is based on identifying andranking regions in the city which have I/I problems. It also includes locating specific I/I problems within the identified regions using sewer televising and visual inspection, and correcting the I/I through the use of pipe repair technologies and reconstructions.  The first Mitigation Work Plan and subsequent CIP in 2007 focused on the gravity sewer mains that connected directly to the MCES Interceptor and lift station service areas having the highest increases in lift station run times during peak events. Upon completion of repair and upgrades to these critical areas, succeeding work plans and CIPs focused on continual identification of I/I problematic zones (studies and televising based on historically saturated areas and type of pipe) and implementing the street reconstruction program with I/I upgrades and improvements.  MCES Work Plan The MCES has completed several I/I projects on their trunk main in the past 10 years.  Figure 6 shows the sections of trunk sewer that the MCES has lined and made repairs to (highlighted in pink). In 2018, the MCES completed televising the remaining sewer system in Chanhassen.  The MCES is planning to complete an I/I project in 2019 or 2020 on the trunk sewer west of Galpin Boulevard in the proposed Lennar development parcel (highlighted in yellow).  DISCUSSION Since the inception of MCES’ surcharge policy in 2006, the city has focused on repairs and upgrades to critical I/I areas within the public sanitary sewer system. By continually inspecting the public sewer system and making the needed repairs to the sewer mains and maintenance holes through its I/I Work Plans and Street Rehabilitation Programs, the city has been able to reduce I/I to some degree.  Even with increasing populations and rainfall, the city has seen a reduction in the amount of wastewater sent to the regional system. The MCES quantified this in a 2016 analysis of their regional metersheds (see Figure 7, total precipitation increased while sewer flows decreased).  However, the MCES has found that up to 80% of clear water entering the public sewer system comes from private infrastructure at homes, businesses, and institutions.Key indicators of possible I/I from private infrastructure are the year the infrastructure was constructed and the material used.  Increased inflow during storm events in other communities have been directly associated with roof drains and foundation drains that are connected to local sewer mains. The State Board of Health adopted the Minnesota Plumbing Code in 1933. The 1969 revision to the plumbing code included a provision that stormwater shall not be drained into sewers intended for sanitary sewer. Many homes built in the community prior to the 1969 building code revision are estimated to have subsurface drains connected directly to the private sanitary sewer service.There are approximately 733 parcels that were developed prior to 1969 (see Figure 4). Sanitary Sewer lift station run times suggest there is a high likelihood private services are significantly contributing to the city’s I/I problem. RECOMMENDATION Staff is recommending continuing with the current I/I public improvement program until the system has been fully inspected and necessary repairs made.  Also, in order for the city to continue the progress it has made, it is staff's recommendation to complete a study to determine if private lateral connections and private infrastructure are a major source of I/I. A consultant would need to be hired to complete a study which would include field investigations, flow monitoring, lift station monitoring, and potentially private infrastructure inspections. ATTACHMENTS: Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 PowerPoint Presentation 1 Sanitary Sewer Inflow/Infiltration (I/I) Reduction Program City Council Work Session November 13, 2018 2 Sewer Infrastructure The city’s sanitary sewer system consists of approximately 65 miles of 6-inch to 42-inch diameter pipe. The city’s sewer system was originally started in the 1950s with a majority of the system being constructed in the 1970s and 1980s 3 Definitions Inflow -Clear water (stormwater or groundwater) that enters the wastewater system from sources such as sewer cleanouts and sump pumps, drains, and building foundations. Infiltration -Clear water enters the wastewater system below ground through cracks and openings in sewer service lines, joints, public sewer mains and deteriorated maintenance The Problem with I/I The addition of excessive clear water I/I into local and regional wastewater collection systems can create multiple problems for these systems including: ▪Basement backups ▪Wastewater spills ▪Excessive utilization of remaining pipe capacity reserved for future growth ▪Excessive wear and tear of Lift Station equipment and additional power usage ▪Added treatment cost for local agencies 4 City’s Past Work to Minimize I/I 2000 -A home inspection program was completed aimed at eliminating non-compliant systems existing in the city and the enforcement of disconnections (inflow). Approximately 300 homes (5% of the total sewer connections in the city) were found to have non-compliant connections. 2001 -The city completed a study for sewage flow monitoring which identified all sewage flows coming into the city system and all flows leaving the city. This report helped identify areas of likely I/I. 2006 -The city completed an I/I reduction study plan. 2007 -The Street Improvement Program began incorporating sanitary sewer repair and replacement. 5 6 Sewers Inspected and Repaired Since 2006 7 MCES Surcharge Program ▪In 2006, the MCES adopted a surcharge program for all communities in their respective service area. ▪This program charges cities based on the volume of excess I/I (exceedance of the peak flow discharge thresholds to the regional system). ▪The City of Chanhassen has had two exceedances since 2006. 8 MCES I/I Program ▪MCES has also televised and completed I/I projects on their sewer pipes in Chanhassen. 9 Discussion ▪Since 2006, the city has focused on repairs and upgrades to the public sanitary sewer system ▪Even with increasing populations and rainfall, the city has seen a reduction in the amount of wastewater sent to the regional system ▪Based on lift station run times after large rain events, it appears the city is still susceptible to MCES exceedance charges. 10 11 Discussion cont. ▪MCES has found up to 80% of clear water entering the public sewer system comes from private infrastructure at homes, businesses, and institutions. ▪The State Board of Health adopted the Minnesota Plumbing Code in 1933. The 1969 revision to the plumbing code included a provision that storm water shall not be drained into sewers intended for sanitary sewer. ▪Many homes built prior to the 1969 building code revision are estimated to have subsurface drains connected directly to the private sanitary sewer service. ▪There are approximately 733 parcels that were developed prior to 1969. Sanitary Sewer lift station run times suggest there is a high likelihood private services are significantly contributing to the city’s I/I problem. 12 Lift Stations with Known High I/I 13 ▪Continue with the current I/I public improvement program until the system has been fully inspected and necessary repairs made ▪Complete a study to determine if private lateral connections and private infrastructure are a major source of I/I ▪A consultant would need to be hired to complete a study which would include field investigations, flow monitoring, lift station monitoring and potentially private infrastructure inspections. ▪The study would recommend several options how to address I/I from private laterals if found to be a large contributor to I/I. Recommendation 14 Questions CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Franchise Fee Discussion Section 5:30 P.M. ­ WORK SESSION Item No: B.3. Prepared By Greg Sticha, Finance Director File No: ADM­324 SUMMARY At our last work session discussion, the city council had the chance to review some possible franchise fee rate structures to be used for management of the city's right­of­way.  After that discussion city council asked for additional information which is included in this packet for review.  Those items include the following: 1. What are our KFS and neighbors collecting in total franchise fee dollars? 2. What would be the property tax impact to various commercial properties if the city levied for the entire $1.9M in funding? 3. The total General Fund budgets off our KFS and neighboring cities and how they compare in total including franchise fee revenue collected. 4. What would a seven year projection of keeping the pavement management fund with a positive fund balance and the impacts to OCI? Staff did receive some questions regarding private streets and the impact they would feel with either a franchise fee or property tax levy applied to them.  The city's public works director prepared the following response as it pertains to some of the questions asked by this group of homeowners: "When a developer proposes a development, the developer requests what streets are public and which streets are private.  The city reviews the request and determines if the streets meet City Code.  Private streets are narrower than public streets and do not have the same pavement section (strength) as public streets.  When private streets are requested the developer is typically trying to maximize the developable acreage of the land since the footprint of private streets and the right­of­way is much less than public streets.   Higher density developments typically always have private streets. Property owners that live on private streets already pay into the street improvement program through the tax levy. Also, property owners that live on private streets still use public streets. Property owners that live on private streets have the option of reconstructing the private street to a public street standard.  The city would consider taking on future operations and maintenance responsibilities if the street is brought up to public street standards.  However, most of the time it is not feasible to convert private streets to public streets.   The city maintains 112 miles of  public streets.  There are approximately 22 miles of private streets in the community.  The city does not maintain private streets since they do not meet city design standards.  For example, our plow trucks would not be able to effectively maintain private streets over the winter months.  For the city to take over private streets it would be a massive undertaking and require a lot more resources and manpower." CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectFranchise Fee DiscussionSection5:30 P.M. ­ WORK SESSION Item No: B.3.Prepared By Greg Sticha, Finance Director File No: ADM­324SUMMARYAt our last work session discussion, the city council had the chance to review some possible franchise fee ratestructures to be used for management of the city's right­of­way.  After that discussion city council asked for additionalinformation which is included in this packet for review.  Those items include the following:1. What are our KFS and neighbors collecting in total franchise fee dollars?2. What would be the property tax impact to various commercial properties if the city levied for the entire $1.9Min funding?3. The total General Fund budgets off our KFS and neighboring cities and how they compare in total includingfranchise fee revenue collected.4. What would a seven year projection of keeping the pavement management fund with a positive fund balanceand the impacts to OCI?Staff did receive some questions regarding private streets and the impact they would feel with either a franchise fee orproperty tax levy applied to them.  The city's public works director prepared the following response as it pertains tosome of the questions asked by this group of homeowners:"When a developer proposes a development, the developer requests what streets are public and which streetsare private.  The city reviews the request and determines if the streets meet City Code.  Private streets arenarrower than public streets and do not have the same pavement section (strength) as public streets.  Whenprivate streets are requested the developer is typically trying to maximize the developable acreage of the landsince the footprint of private streets and the right­of­way is much less than public streets.   Higher densitydevelopments typically always have private streets.Property owners that live on private streets already pay into the street improvement program through the taxlevy. Also, property owners that live on private streets still use public streets. Property owners that live onprivate streets have the option of reconstructing the private street to a public street standard.  The city wouldconsider taking on future operations and maintenance responsibilities if the street is brought up to public streetstandards.  However, most of the time it is not feasible to convert private streets to public streets.  The city maintains 112 miles of  public streets.  There are approximately 22 miles of private streets in thecommunity.  The city does not maintain private streets since they do not meet city design standards.  Forexample, our plow trucks would not be able to effectively maintain private streets over the winter months.  For the city to take over private streets it would be a massive undertaking and require a lot more resources and manpower." It is important to note that franchise fee to be collected is payment for the utility companies' use of the city's right­of­ way. In addition, staff has had some additional discussions with the utility companies to see if we could reach an agreement on total funds collected and agreeable commercial franchise rate structure.  After a couple week's of discussion, staff was able to negotiate a tentative proposal the utility companies would find acceptable.  This tentatively agreed­upon rate structure would generate an estimated $1.76M in total gas and electric franchise fee funding.  Staff will review each of those proposals and impacts of each on the pavement management fun. ATTACHMENTS: Survey Commercial Property Tax Impacts $1.9M levy increase Pavement Mangement fund Varying Scenarios OCI Graph $1.9M OCI Graph $1.8M, cut 700k spending 1 time Suggested Rate Structures KFSTotal Franchise FeeGeneral Fund BudgetTotal GF & FF% of GF BudgetPopulationProperty Tax RateChaska2,400,000$ 16,700,000$ 19,100,000$ 14.37% 25,601 27.564Cottage Grove600,000$ 17,593,000$ 18,193,000$ 3.41% 35,596 40.583Elk River1,400,000$ 16,250,000$ 17,650,000$ 8.62% 23,739 46.011Inver Grove Heights1,100,000$ 25,440,000$ 26,540,000$ 4.32% 35,071 51.112Lino Lakes100,000$ 11,000,000$ 11,100,000$ 0.91% 20,519 42.825Prior Lake650,000$ 12,800,000$ 13,450,000$ 5.08% 25,049 33.040Rosemount-$ 13,682,000$ 13,682,000$ 0.00% 23,042 40.961Savage-$ 15,760,000$ 15,760,000$ 0.00% 30,024 47.117Shakopee2,200,000$ 27,200,000$ 29,400,000$ 8.09% 40,254 37.212Stillwater500,000$ 14,000,000$ 14,500,000$ 3.57% 19,754 53.421NeighborsEden Prairie3,500,000$ 50,000,000$ 53,500,000$ 7.00%62,000 32.480Minnetonka1,900,000$ 36,000,000$ 37,900,000$ 5.28%53,000 36.378Golden Valley3,000,000$ 13,630,000$ 16,630,000$ 22.01%21,520 36.378Plymouth2,300,000$ 41,700,000$ 44,000,000$ 5.52%78,000 26.482CHANHASSEN1,900,000$ 11,400,000$ 13,300,000$ 16.67%25,000 21.066KFS & Neighboring City SurveyFranchise Fee as compared to GF Budget & Population Year Improved PCITarget PCI 2018 71 70 2019 64.72 70 2020 63.71 70 2021 62.97 70 2022 62.41 70 2023 61.88 70 2024 61.49 70 2025 61.08 70 2026 60.7 70 2027 60.25 70 2028 59.95 70 2029 59.59 70 2030 61.22 70 2031 63.98 70 2032 66.35 70 2033 68.4 70 2034 70.21 70 40 45 50 55 60 65 70 75 1 2 3 4 5 6 7 8 9 10 Scenario $1.7 million Fund for 7 Years Series1 Series2 40 45 50 55 60 65 70 75 2018 2020 2022 2024 Scenario Original $1.9 million Improved PCI 10 11 12 13 14 15 16 Scenario $1.7 million Fund for 7 Years Series2 2026 2028 2030 2032 2034 Scenario Original $1.9 million Improved PCI Target PCI Year Improved PCITarget PCI 2018 71 70 2019 64.72 70 2020 63.71 70 2021 62.8 70 2022 62.06 70 2023 61.49 70 2024 61.06 70 2025 60.65 70 2026 60.21 70 2027 59.83 70 2028 59.47 70 2029 59.08 70 2030 59.07 70 2031 62.18 70 2032 64.67 70 2033 66.8 70 2034 68.73 70 40 45 50 55 60 65 70 75 1 2 3 4 5 6 7 8 9 10 Scenario $1.7 million Fund for 7 Years Series1 Series2 40 45 50 55 60 65 70 75 2018 2020 2022 2024 Scenario $1.8 million, cutting $700K Improved PCI 10 11 12 13 14 15 16 Scenario $1.7 million Fund for 7 Years Series2 2026 2028 2030 2032 2034 Scenario $1.8 million, cutting $700K Improved PCI Target PCI Fee Options Update: New franchise fee spread among categories of users: one fixed monthly fee for residential, and different monthly fees for each electric and gas commercial category aimed toward similar impacts to average users within each category. Council Option #1 - $1.9 MM Fee Revenue (58.5% / 41.5%) Fee Classification Monthly Fixed Charge Impact on Average Bill Annual Fee Rev Residential $5.00 5.2% $1,110,120 Small Electric Commercial $22.00 8.2% $215,424 Medium Electric Commercial $50.00 6.0% $165,600 Large Electric Commercial $300.00 2.0% $288,000 Gas Commercial A $5.00 8.3% $17,100 Gas Commercial B $10.00 5.4% $23,280 Gas Commercial C $25.00 3.2% $63,000 Gas Small Volume, Dual Fuel $126.00 3.2% $16,632 $1,899,156 Council Option #2 - $1.8 MM Fee Revenue (58.5% / 41.5%) Fee Classification Monthly Fixed Charge Impact on Average Bill Annual Fee Rev Residential $5.00 5.2% $1,110,120 Small Electric Commercial $18.00 6.7% $176,256 Medium Electric Commercial $40.00 4.8% $132,480 Large Electric Commercial $290.00 1.9% $278,400 Gas Commercial A $5.00 8.3% $17,100 Gas Commercial B $10.00 5.4% $23,280 Gas Commercial C $20.00 2.6% $50,400 Gas Small Volume, Dual Fuel $90.00 2.3% $11,880 $1,799,916 Council Option #3 - $1.76 MM Fee Revenue (58.5% / 41.5%) Fee Classification Monthly Fixed Charge* Impact on Average Bill Annual Fee Rev Residential $5.00 5.2% $1,110,120 Small Electric Commercial $14.00 5.2% $137,088 Medium Electric Commercial $40.00 4.8% $132,480 Large Electric Commercial $290.00 1.9% $278,400 Gas Commercial A $5.00 8.3% $17,100 Gas Commercial B $9.00 4.9% $20,952 Gas Commercial C $20.00 2.6% $50,400 Gas Small Volume, Dual Fuel $90.00 2.3% $11,880 $1,758,420 CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Distribute City Manager's Work Plan and Discuss Schedule for Performance Evaluation Section 5:30 P.M. ­ WORK SESSION Item No: B.4. Prepared By Todd Gerhardt, City Manager File No:  SUMMARY 2018 was another busy year for the City of Chanhassen. I am very proud of the efforts of the City Council and staff in accomplishing our annual goals and key financial strategies. Some of our accomplishments include: Chanhassen lowered our preliminary levy by 7% making it the lowest tax rate in Carver County based on the preliminary 2019 levies. The city ended 2017 with a $480,000 surplus, and we are projecting another surplus of $509,000 for 2018. The 2018 Bonding Bill signed by Governor Dayton included $9 million of the total project cost of $30 million for improvements to Highway 101 from Pioneer Trail to Flying Cloud Drive. The kickoff construction meeting took place on Thursday, November 1, 2018. Consider the development of a Franchise Fee of $1.7 to $1.8 million in order to fund future local road projects. 2019 is going to be another very busy year. Some of our proposed strategies for next year include developing a small cell wireless equipment ordinance, short­term rental ordinance, and a Sanitary Sewer Inflow and Infiltration program. Again, I am very proud of this year’s accomplishments and look forward to establishing goals for 2019. Please call me if you have questions in regards to the 2018 Work Plan. ATTACHMENTS: Performance Review Schedule Job Description Performance Evaluation Form 2018 Work Plan Business Subsidy Guidelines Proposed Preliminary Levies c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\b9bd86aa-7fed-48a8-a536- a94c444e378f\chanhassen.1677.1.schedule_for_2018_city_manager_review.docx SCHEDULE FOR 2018 CITY MANAGER’S PERFORMANCE REVIEW November 13: City Manager distributes 2017 Work Plan along with performance review sheets. Mayor Laufenburger will tabulate the results after he receives everyone’s evaluation sheet by November 19, 2018. November 19, 12 noon City Council submits their individual performance review sheets for tabulation to Mayor Laufenburger and then the city council creates one overall performance evaluation. November 26: Executive Session of the City Council to discuss the City Manager’s overall performance and finalization of evaluation and compensation document. December 3: Executive Session of the City Council and City Manager to discuss overall performance and finalization of the performance evaluation/ compensation document (before the Truth-in-Taxation hearing); and Announce Results of City Manager’s Performance Evaluation. JOB DESCRIPTION CITY OF CHANHASSEN POSITION: City Manager CLASSIFICATION: Exempt DEPARTMENT: Administration DATE: January 2015 ______________________ OBJECTIVE AND SCOPE Plans and directs all City operations to ensure efficient municipal services and development are in accordance with objectives and general guidelines established by the City Council. To advise the Council regarding impact of policy decisions and to represent the interests of the City of Chanhassen in metropolitan and state activities as delegated by the City Council. RELATIONSHIPS Reports to: City Council Supervises: Department Heads and Support Staff Has indirect supervision over all employees of City government through the supervisory department heads identified above. SPECIFIC RESPONSIBILITIES 1. Plans and directs the general administration of city services. 2. Involve the City Council in determining annual strategies/goals. Ensure that each strategy/goal is presented to the City Council for review and direction. 3. Provides advice and/or recommendations, with supportive data, to the City Council as a guide to its policy-making role. 4. Relieves the Council members of as much administrative detail, inquiry, etc. as possible so they may devote more of their time to the policy-making responsibilities of their position. a. Prepares agendas for Council meetings and provides supporting data. 5. Keeps the City Council informed on all important developments which may affect the administration of City government and which they will need to know to perform effectively as Council persons. 6. Coordinates administration and services being rendered by the various departments of City government to ensure that the best service level is being achieved; including: a. Recommending staffing levels as well as other changes in administration as may be justified to assure a high standard of performance is maintained. b. Appoints, dismisses or otherwise disciplines city employees. 7. Involves department heads in the identification of achievement goals that will provide standards against which to measure their performance. a. Reviews periodically and confers with department managers to assure that progress in each area is being achieved as planned. b. Oversees implementation of financial and fiscal planning in the City. 8. Follows through to assure that all City Council ordinances and directives are correctly interpreted and implementation as planned. 9. Keeps informed on all aspects of municipal government and researches improved methods of administration for possible implementation in Chanhassen. REQUIREMENTS Education/Experience: Master's Degree in Public Administration, Urban Studies or related field with a minimum of 10 years of city government administrative experience, including six years of supervisory experience. City of Chanhassen Performance Appraisal Form Ratings Exceptional – This employee consistently achieves the highest level of performance in his/her duties, and often goes above the call of duty. As such, consideration should be given to rewarding this employee with a high salary increase. Excellent – This employee is a high-quality asset to the organization and is more often than not considered to be a high achiever. While not reaching the level of an exceptional employee, consideration should be given to rewarding this employee with a moderate to high salary increase. Satisfactory – This employee can be counted on to perform his or her duties in a reliable fashion. Employees in this range generally accomplish tasks on time and in a satisfactory manner and are assets to the organization. Efforts could be made to be considered a high achiever, but a moderate salary increase could be considered. Unsatisfactory – Employees in this range are not meeting the expectations of the job, and need considerable improvement. They are often considered unreliable, and more often than not fail to accomplish job duties in an acceptable manner. Steps should be discussed to improve his or her performance, and salary increases should not be considered. Todd Gerhardt 2018 Performance Evaluation 2018 Performance Evaluation - Todd Gerhardt 2 Category Rating Quality of Work (consider accuracy, completeness, and thoroughness in completing job assignments and deadlines, also ensures that the work of others is of the same quality ) Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ Leadership (Inspires staff to high levels of performance and teamwork, holds staff accountable for their duties) Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ Job Knowledge (Knows the intricacies of the cities processes and is current with trends and practices that may be evolving outside of the city) Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ Strategic Initiative (possesses resourcefulness, self-starting work habits, adaptability to change, ability to work outside the box, motivates staff to think long term ) Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ 2018 Performance Evaluation - Todd Gerhardt 3 Integrity and Trust ( can be widely trusted, is seen as a direct and truthful staff member, keeps confidences, admits mistakes, and doesn’t misrepresent himself for personal gain Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ Cooperation and Communication (has a positive attitude, and exhibits cooperation, and effectiveness in working with others; has an strong ability to inform, staff, council, and the public with all information needed) Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ Customer Service (exhibits courtesy, and professionalism in dealing with all customers, including the public as well as council and any other outside agencies) Comments: 0 Unsatisfactory 1 Satisfactory 2 Excellent 3 Exceptional Category Rating: ___ 2018 Performance Evaluation - Todd Gerhardt 4 Overall Ranking Exceptional (3) Excellent (2) Satisfactory (1) Unsatisfactory (0) Additional comments by person performing the evaluation: Evaluator Name_______________________________ 2018City Manager’s Work Plan TODD GERHARDT, CITY MANAGER Providing Financial Stability & Resources Enhancing Goals to Access the Impact Environment for Innovation & Change Creating Solutions for Infrastructure ESTABLISH ANNUAL GOALS & KEY FINANCIAL STRATEGIES ackground: In July 2002, staff met with Jim Prosser from Ehlers & Associates to begin development of the city’s key financial strategies. At that time, comparisons were completed of similar cities based on tax base mix, growth, allocation, population, five-year budget comparison, debt ratios, tax capacity, and bond ratings. Council and staff identified Financial Foundation Descriptions and prioritized capital improvements. City Council adopted the Key Financial Strategies (KFS) on June 9, 2003. Implementation began with the 2004 budget process, i.e. pavement management system including trails, roads, parking lots; debt service; fixed assets for remodeling/replacement; water treatment and future infrastructure; etc. These strategies will also be used as a part of our 2018 strategic planning process. B 2 Competitiveness Create an environment for innovation and change — building on our strengths, creativity, and skills. MID-YEAR REVIEW OF KEY FINANCIAL STRATEGIES: PREPARE A MID- YEAR REVIEW OF ALL KEY FINANCIAL STRATEGIES FOR PRESENTATION AT THE FIRST MEETING IN JULY On August 27, 2018, staff updated the City Council on each of the items in the City’s 2018 Annual Goals and Key Financial Strategies. BREW PUB/DISTILLERIES ORDINANCE: RESEARCH AND PROPOSE AN ORDINANCE THAT WOULD COVER BREW PUBS AND DISTILLERIES IN A VARIETY OF LAND USE AREAS At the April 23, 2018 work session, staff proposed a Craft Alcohol Production ordinance. Staff gave a brief summary of the proposed ordinance. The city’s current ordinance limits these facilities to industrial areas and does not permit brew pubs, taprooms, or cocktail rooms. In order to permit these types of uses, the city would need to create zoning standards, establish what zoning districts they are permitted in, and create the appropriate liquor licenses. City Council authorized staff to hold a public hearing at the Planning Commission. City Council asked about food trucks and staff discussed that we do allow them but not in commercial areas; only at special events in residential areas. The Planning Commission approved the Craft Alcohol Production ordinance, but expressed concern about not requiring a food component either on site or by partnering with delivery restaurants. Staff said the ordinance allows for partnering with existing restaurants to have food delivered to patrons. The Planning Commission voted unanimously to recommend approval of the ordinance. The City Council approved the Craft Alcohol Production Ordinance at their June 11, 2018 regular City Council meeting. Attached is a copy of the approved Ordinance. 3 PERMEABLE PAVERS: CONTINUE TO EVALUATE STAFF’S RESEARCH AND PROPOSED POLICIES AND CONSIDER IMPLEMENTING AN ORDINANCE THAT WOULD ALLOW FOR PERMEABLE PAVERS TO BE CREDITED TOWARD THE EQUATION FOR HARD COVER ALLOWANCE (CONTINUED FROM 2017) Permeable Pavers was continued from the 2017 Key Financial Strategies. Again, we had numerous discussions regarding this topic, including a work session on April 23, 2018, and a Planning Commission public hearing on May 15, 2018. This item is to provide relief to lot coverage restrictions. The intent is to allow residents to utilize permeable pavers to exceed existing lot coverage caps and provide residents with an option other than requesting a lot coverage variance. It is important to balance the benefits of allowing increased lot coverages with its potential consequences. Staff saw the need to provide alternatives that will allow homes located in Residential Single Family Districts and are outside of the Shoreland Management District five percent additional coverage in the form of pervious pavement which will provide flexibility for homeowners looking to improve their properties. At their June 11, 2018 work session, the City Council indicated they would like to give this a try, but also understands that we can switch it back if it does not work. However, they feel strongly that if the system is designed and constructed property it should successfully accomplish the goal and provide relief for those wanting a little bigger patio or driveway! The City Council approved the attached Ordinance 633 at the June 25, 2018 regular City Council meeting. 4 Strengthen the City’s Financial Position Provide financial stability and resources necessary to achieve the city’s vision by exercising financial stewardship, implementing best practices, and utilizing long-term financial planning tools. PAVEMENT MANAGEMENT PROGRAM: CONTINUE TO EDUCATE THE COMMUNITY AND COLLECT FEEDBACK ON A POTENTIAL FRANCHISE FEE IN ORDER TO FUND FUTURE ROAD PROJECTS (CONTINUED FROM 2017) Educational material is being mailed out in utility bills and is posted on the city’s website. Open houses are also in the process of being held in order to educate residents on potential implications of a franchise fee. August 20, 2018 Public Meeting Update: To date, staff held seven meetings in 2017 with the City Council to discuss extensively the different options for funding the Pavement Management Program. An additional four to five meetings have been held in 2018. The discussion included changing the percentage of the assessments, raising the levy, or establishing a Franchise Fee to summarize, the feedback received at the August 20, 2018 Special City Council meeting. There were many different funding options provided but by the end if the discussion the consensus was as follows: 1. Keep the assessment practice in place as it has been in the past (40/60 split). 2. Keep the levy the same as it has been in the past ($384,000). 3. Implement a Franchise Fee to make up the difference to achieve the funding needed for the $3.3 million to fund the Pavement Management Program for the next 12 years. The next step is for the City Council to discuss the proposed options as well as other options at their September 10, 2018 meeting and give staff direction regarding next steps into the future. 5 CONSIDER ESTABLISHING A GREENSTEP CITIES PROGRAM: BY IMPLEMENTING ADDITIONAL TASKS WITHIN THE GREENSTEP CITIES PROGRAM, THE CITY WILL HAVE COST SAVINGS, WHICH IMPROVES THE CITY’S FINANCIAL POSITION. THE PROMOTION OF THE CITY’S ATTAINMENT OF LEVELS 1 AND 2 AND THE PLAN TO ATTAIN LEVEL 3, PROVES TO RESIDENTS THAT THE CITY IS CONSCIOUS OF ENVIRONMENTAL ISSUES AND SUPPORTS THE CITY’S OBJECTIVE TO BE A “COMMUNITY FOR LIFE”, THEREBY MAKING THE CITY OF CHANHASSEN A STRONG COMPETITOR WHEN RESIDENTS ARE CHOOSING A COMMUNITY IN THE WEST SUBURBS The Mayor and City Council met with the Environmental Commission on June 25, 2018 to discuss the GreenStep Cities Program. The Environmental Commission requested authorization for the city to participate in the Minnesota GreenStep Cities Program. This is a voluntary, non-regulatory program that dovetails into current city practices. On August 27, 2018, the Chanhassen City Council approved a resolution to participate in the GreenStep Cities program. City staff and the Environmental Commission will be documenting the city’s accomplishments and communicating with the city council on program updates. Provide Resources for Chanhassen Residents to Dispose of Yard Waste in a Convenient and Cost-Effective Manner: City staff researched management options and presented multiple scenarios to the City Council addressing the need for yard waste disposal option for residents. Once the Carver County Environmental Center no longer accepts yard waste at the facility in January 2019, many residents will lose a convenient and cost-effective option for yard waste disposal. City Council directed staff to offer residents spring and fall yard waste collection days, as well as a guide to other disposal options including private sites and haulers. Yard waste collection days will start in April 2019. EAB in Chanhassen – Current Status and Future Management: The city continues to prepare for the confirmation of EAB in Chanhassen. Ash tree treatments started in 2017 when all suitable ash trees in city parks were treated. The management program continued in 2018 with the treatment of all street ash in the eastern half of the city treated to prevent EAB infestations. The three-year contract with Rainbow Tree Care will finish in 2019 with the treatment of street ash trees in the western half of the city. A total of approximately 1,200 ash trees will be treated at the completion of the three-year rotation. About 200-300 private ash trees are treated by residents each year as well. Staff will be considering a new three-year contract in the future to run 2020-2022. The closest confirmed infestation remains to be the Eden Prairie find near Bryant Lake. 6 Chanhassen Nature Preserve Selected by the State of Minnesota For Buckthorn Management Grant: The City of Chanhassen applied for funding for buckthorn management in the Chanhassen Nature Preserve for three years before finally being approved in 2018 for a $65,000 grant. Funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR). The remnant oak woods in the southern half of the preserve has a well-established buckthorn population that has reduced the quality of the woodland over time. A thick understory of buckthorn impedes the natural regeneration of oaks, eliminates plant diversity in the woods, and creates an impenetrable thicket that makes it difficult for people and animals. The project will restore the native oak woodlands and create openings to encourage the growth of new oak trees. Plantings to increase native plant diversity and to reintroduce lost species will also be undertaken. Removal of the buckthorn will begin this winter when the ground is frozen and follow up activities will occur next fall and winter, including a volunteer project. All residential and commercial properties adjacent to the site have been notified of the project and invited to participate in the buckthorn removal if present on their property. 7 Planning for the City’s Infrastructure Create solutions for managing existing infrastructure and future growth in our community while preserving a sustainable quality of life and protecting the environment. IMPLEMENT PARK REPLACEMENT SCHEDULE: INITIATE FUNDING OF AN ANNUAL PARK EQUIPMENT REPLACEMENT SCHEDULE TO EFFICIENTLY ADDRESS AGED AND DETERIORATED PARK EQUIPMENT AND INFRASTRUCTURE Background information on how this item became a key financial strategy was provided at the June 25, 2018 City Council work session. The proposed park replacement schedule of projects for 2019 through 2023 was presented. Potential funding options that can used to fund these projects were reviewed. Council members agreed that they are not in favor of doing anything until after the public meeting is held on the use of franchise fees to fund roads. It was discussed that the item would move forward with the budget process. DEVELOP LAKE ANN PARK AND TRAIL EXPANSION MASTER PLAN/PRN PROPERTY DEVELOPMENT: INITIATE MASTER PLANNING AND FEASIBILITY STUDY TO GUIDE FUTURE ACQUISITION OF LANDS EXPANDING LAKE ANN PARK AND ASSOCIATED TRAILS. REVIEW THE PARK AND TRAIL PLAN FOR THE PROPERTY SURROUNDING LAKE ANN, AND THE PLANNING TOOLS AVAILABLE (DENSITY TRANSFER) TO ACQUIRE OPEN SPACE On June 11, 2018 the City Council discussed the proposed development by Lennar of the 18- acre Galpin Boulevard property. The discussion included conversation about different architecture being proposed for a development, what discretion is given to home buyers for exterior finishes, potential plat layout, concern over lot sizes not fitting in with surrounding neighborhoods and a desire to preserve the property around Lake Ann and Lake Lucy. How the item will move forward through staff, Planning Commission and City Council was also discussed. On August 13, 2018 the City Council completed a conceptual review of a Planned Unit Development PUD for the property which included a staff report, comments from the applicant and extensive feedback from council members and citizens. Staff has not yet 8 received a response from Lennar following the August 13 review regarding next steps. Staff is proposing that the 2019 Park and Trail acquisition and development Capital Improvement Program CIP include $35,000 for a Lake Ann Park and Trail Expansion Feasibility Study. REVIEW SANITARY SEWER INFLOW/INFILTRATION (I/I) REDUCTION PLAN: STAFF WILL UPDATE COUNCIL ON THE CURRENT I/I REDUCTION PLAN AND SEE IF THE COUNCIL WANTS TO MAKE ANY CHANGES. Since 2007 the city has completed Infiltration/Inflow (I/I) projects to limit the amount of groundwater and surface water coming into the sanitary sewer system. The Metropolitan Council Environmental Services (MCES) placed a surcharge fee on the city for excessive I/I. Excessive I/I takes away from the sewer capacity of the Metropolitan Trunk Sewers and can lead to backups if enough I/I enters the system. In exchange for a fee surcharge the City elected to make improvements to the city-owned sewers to reduce I/I in the city- maintained sanitary sewer system. These projects consist of replacing leaking sewer pipe, grouting joints, rehabilitating manholes and lining sewer pipes. A study was completed in 2006 that identified likely high I/I problem areas. Most of the identified project areas have been investigated and improvements made. In addition, street rehabilitation and street reconstruction projects have had I/I improvements made. The city still has a surcharge placed on it by MCES. MCES has also televised and made I/I improvements to their trunk sewer mains over the past years. They are also planning to complete additional I/I improvements in the upcoming years. Staff will be bringing this item to a City Council work session in October. Staff feels an update to the 2006 I/I study is needed to identify other likely sources of I/I in the community. UPGRADE OF GALPIN BLVD: COMPLETE THE SCOPING AND TRAFFIC STUDY WITH CARVER COUNTY, AND IDENTIFY FUNDING SOURCES FOR THE UPGRADE OF GALPIN BLVD NORTH OF HIGHWAY 5 Carver County currently operates and maintains Galpin Boulevard; however, the county has identified this section of Galpin Boulevard as a potential turnback since it functions more as a local collector roadway than a county roadway. A scoping study was completing in June 2018 to help determine if a turnback is in the best interest of the city. The City Council passed a resolution of support for the study finding on June 25, 2018. The reconstruction of Galpin Boulevard is tentatively programed for 2022. 9 IMPROVEMENTS TO CHANHASSEN RAILROAD DEPOT: MAKE IMPROVEMENTS TO THE RAILROAD DEPOT IN ORDER TO BETTER UTILIZE A KEY PIECE OF CHANHASSEN’S HISTORY At the August 27, 2018 City Council work session, it was reported that improvements to completely renovate the interior and exterior of the Chanhassen Railroad Depot structure, and add parking/driveway entrance, gas, water, electric, and fiber optic utilities were estimated to cost $774,215. The city council agreed they were not in favor of spending that amount of money for upgrading the railroad depot. 10 Enhance Local Tax Base Evaluate the Comprehensive Plan with current goals and policies; assess the impact. ECONOMIC DEVELOPMENT: ENHANCE ECONOMIC DEVELOPMENT OPPORTUNITIES THROUGHOUT THE COMMUNITY, I.E. INCENTIVES, MARKETING, DIRECT MARKETING On May 29, 2018, the current economic development practices and a summary of recent projects were presented to City Council at a work session. City staff discussed tax abatement and tax increment financing examples and programs as options for future economic development programs, as well as a draft of an updated business subsidy criteria policy. City Council directed staff to research policies from neighboring and KFS cities and to present them at a later date. On July 9, 2018 city staff presented economic development or subsidy policy examples from Chaska, Shakopee, Minnetonka, and Elk River, as well as Chanhassen’s previously updated draft policy. City Council discussed whether to update the policy as presented, take requests on a case-by-case basis rather than have a formal policy, or whether to adopt a policy with more specific criteria as to what types of projects would qualify and an outline of what programs could be available to businesses. City Council directed staff to see draft a policy with additional evaluation criteria. Staff has been evaluating criteria from other policies and will bring a draft to City Council for consideration before the end of the year. The City Council a pproved Economic Development Guidelines on September 24, 2018. DOWNTOWN FOCUS UPDATE: CONTINUE TO COLLECT INPUT FROM RESIDENTS, BUSINESS OWNERS, AND CIVIC ORGANIZATIONS ON THEIR VISION FOR DOWNTOWN CHANHASSEN. RESEARCH WHAT OTHER KEY FINANCIAL CITIES ARE DOING WITH DOWNTOWN REDEVELOPMENTS At the June 9, 2018 City Council work session, Bryan Harjes with Hoisington Koegler Group, Inc. reviewed highlights of the Downtown Chanhassen Vision Plan update. The key takeaways from the stakeholders’ meeting was the need for connectivity for automobiles, pedestrians and bicycles, enhancements for intersection crossings, future 11 land use, and providing for flexibility for sub-districts. The City Council would like to include more depth to the study, list the guiding principles of the study, and define the next steps. Staff and Bryan were also asked to review the Survey Monkey ranking as the highest and not the lowest, and bring it back for review at a future work session. On October 10, 2018, the city council reviewed the draft for changes and rankings. City council also requested that the Market Scan be included with the study. The Downtown Vision is scheduled to be adopted on November 13, 2018. 12 Other Projects and Goals Accomplished Department Accomplishments in 2018 That Were Not Included in the Key Financial Strategies. 2040 COMPREHENSIVE PLAN UPDATE In November of 2017, the Metropolitan Council submitted their comments to the city after reviewing our draft plan. At that time, staff shared these comments with the city council at a work session. The four watershed districts required the city’s storm water plans to be in alignment with each of their respective plans. As such, the majority of the work on the Comprehensive Plan since that time has been centered on updating the city’s Surface Water Management Plan. The city council also directed staff to solicit additional public comment. A web page was created and social media was used to reach out to residents. The following is a timeline of significant actions to date: February 3, 2018 – February Festival Kiosk for the 2040 Comprehensive Plan for public engagement. April 3, 2018 - Planning Commission reviewed the Plan based on comments received during the review period, jurisdiction comments, and the city’s written responses to any comments. July 17, 2018 – Planning Commission held a public hearing to recommend to the city council approve submittal of the 2040 Comprehensive Plan to the Metropolitan Council for review. The land use map amendments were included as part of the discussion and the Planning Commission approved the plan without the land use amendments. August 13, 2018 – City Council held a work session on the 2040 Comprehensive Plan. Mr. Erhardt presented his land use amendment. September 24, 2018 – City Council held a work session to review revisions to the 2040 Comprehensive Plan based on the August 13, 2018 work session comments. Mark Halla represented the Halla Family. November 1, 2018 – Mark Halla withdrew his request for a land use map amendment. 13 November 26, 2018 – City Council is scheduled to review the final draft of the 2040 Comprehensive Plan. December 10, 2018 – City Council is scheduled adopt the 2040 Comprehensive Plan and authorize submittal of Plan to the Metropolitan Council for review. *December 31, 2018 – Deadline for submittal of comprehensive plan to the Metropolitan Council. UPDATE CHANHASSEN’S FLOODPLAIN ORDINANCE AND ADOPT NEW MAPS AS PART OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S UPDATE OF CAVER COUNTY’S FLOOD INSURANCE RATE MAPS In June 2018, city staff received a letter from the Minnesota Department of Natural Resources informing them that the Federal Emergency Management Agency was concluding its update of Carver County’s Flood Insurance Rate Maps. Staff was informed that maps would go into effect on December 21, 2018 and that the city would need to update its Floodplain Ordinance and adopt the new maps by December 21, 2018 or the City would no longer be eligible to participate in the National Flood Insurance Program. Staff examined the preliminary flood insurance rate maps provided by FEMA and determined that due to mapping errors and changes in the mapped extent of the floodplain, approximately 16 homes may have been added to or removed from the floodplain overlay district. The city elected to exceed the minimum public notification requirement and contact these homeowners to inform them of how the revised maps may impact their properties and of their right to appeal the placement of their home within the special flood hazard area. The city has worked with the Minnesota Department of Natural Resources to modify their model floodplain ordinance to both meet the state and federal governments’ requirements and avoid redundancies or potential conflicts with existing provisions in the City Code. The proposed revisions to the city’s floodplain ordinance and updated maps will go before the Planning Commission for a public hearing on November 20, 2018 and will go before the City Council for adoption on December 10, 2018. MENTAL HEALTH RESOURCES Per direction from the City Council, staff has been researching mental health resources in and around Carver County. A list of local and national resources was presented at the October 22, 2018 work session and there was discussion around the availability of these resources as well as the trainings offered to law enforcement officers. An update on trainings will be offered at a later date. 14 UPTICK IN EMPLOYEE VACANCIES There have been 13 vacancies in 2018 that have been created as a result of retirements or employees going on to better opportunities. We have been fortunate enough to be able to promote from within for three of those vacancies, and have made or are currently recruiting outside hires for the rest. In some instances we have been given enough notice to be able to have a replacement in before the vacancy is created, but often there are weeks or even months before a position can be filled. In those times, staff has worked especially hard to cover their normal workload while down one or more people in a department. Often times departments lean on each other to accomplish tasks or pick up routine work for each other, and as a result the residents of Chanhassen have not seen a decrease in municipal services during times when the city has been short staffed. ACQUISITION AND DEPLOYMENT OF FIRE TRUCK 1 With the council approval of the 2018 CIP budget on January 8 2018, also came with the approval to order Truck 1 at a cost of $996,000. The order placement came after one year of planning by several members of the department with delivery to the department on October 15, 2018. The remainder of the month was spent completing specialized training and readying the apparatus for service. Truck 1 was welcomed to service the evening of October 29, 2018 with a Housing Ceremony conducted by the Chanhassen Fire Department. Several members of city leadership, elected officials, retirees, and families attended. As the ceremony ended, Truck 1 was officially placed in service. 15 2018 PRIMARY AND GENERAL ELECTIONS Both the 2018 Primary and General Elections posed new challenges for the city’s election staff. New voting equipment was purchased by Carver County for all 35 county precincts (Chanhassen has 7 of those precincts). The new equipment included electronic Poll Pads from KnowINK and DS200 ballot scanners from Election Equipment & Supplies. The Poll Pads allowed for electronic voter check in and registration of new voters, eliminating the need for paper rosters and completion of paper registration forms. The DS200 ballot scanners provided a large color screen that alerted voters of any issues with their ballots such as overvoting a race, giving them a choice to return and spoil the incorrect ballot and obtain a new ballot, or allowing voters to cast the ballot as is. Because the DS200 is a scanner, images of write-in votes were captured in memory and printed out on tape, eliminating the need for election judges to review each voted ballot for write-in votes, saving significant time during the closing process. Voter turnout for both the Primary and General Elections were higher than typical for a mid-term election. For the General Election, the average turnout for Chanhassen was nearly 84%. It should be noted that Carver County was the first county in the state to report election results for both the Primary and General Elections. g:\admin\tg\work plan\2018\2018 work plan.docx City of Chanhassen Business Subsidy Guidelines Approved October 11, 1999 Amended April 28, 2003 Amended September 24, 2018 1 CITY OF CHANHASSEN BUSINESS SUBSIDY GUIDELINES GENERAL PURPOSE Economic development incentives are financial tools that enable the City of Chanhassen to provide opportunities and benefits for its businesses and residents. Incentives can take a variety of forms, including, but not limited to: grants, tax increment financing, tax abatement, and sewer access credits. The City of Chanhassen provides economic development incentives in order to achieve its long-range vision of creating a diverse and sustainable economic base. This is achieved in part through the creation and retention of quality, high paying jobs. A diverse and sustainable economy offers opportunity for improved quality of life for the residents of Chanhassen. Economic development projects may also achieve other worthwhile goals. For instance, some projects provide value to the community in the forms of infrastructure improvements, stabilization of business districts or neighborhoods, or concentration of selected industries. The City of Chanhassen reserves the right to approve or reject subsidies for projects on a case-by- case basis, taking into consideration established policies, project criteria, and demand on City services in relation to the potential benefits from the project. Meeting the guidelines in this document does not guarantee the award of business assistance to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. The City of Chanhassen can deviate from these guidelines for projects that supersede the objectives identified herein. Any applicant who is not in good standing with the City, in regards to licenses, fees or other specific charges, will not be considered for business subsidies. OBJECTIVES The City of Chanhassen may consider offering a business subsidy or incentive in order for a project to achieve one or more of the following objectives: • To increase the City’s tax base. • To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. Preference will be given to higher paying jobs that also provide benefits such as health care coverage. • To support projects that provide value in the forms of needed transportation and other utility infrastructure improvements that would be completed in conjunction with the project. • To encourage additional unsubsidized private development in the area, either directly or indirectly through “spin off” development. • To facilitate the development process and to achieve development on sites which would not otherwise be developed but for the use of a business subsidy. • To remove blight and/or encourage redevelopment of commercial and industrial areas that will result in high-quality redevelopment and private reinvestment. 2 • To offset increased costs of redevelopment (i.e. contaminated site clean-up) over and above the costs normally incurred in development. • To create opportunities for a diversification of housing stock available within the community. • To support a project that will improve the quality of life in the City by providing a desirable good or service and addressing an unmet demand in the community. • To contribute to the implementation of other public policies, as adopted by the City from time to time, such as the promotion of energy conservation, and decreasing capital and/or operating costs of local government. • To support the retention and/or adaptive re-use of buildings of historical or architectural significance. ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS The application and subsequent use of these programs is at the discretion of the Chanhassen City Council, and may include additional applications, policies, and procedures. 1) Tax Abatement: The City of Chanhassen is granted the power to utilize tax abatement by the State of Minnesota. The fundamental purpose of tax abatement is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through the tax abatement. The City utilizes “Pay-As-You-Go” Tax Abatement, which relies on the developer to pay for the up-front project costs with reimbursement from tax abatement. 2) Tax Increment Financing: The City of Chanhassen is granted the power to utilize tax increment financing (TIF) by the State of Minnesota. The fundamental purpose of TIF is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TIF. The City utilizes “Pay-As-You-Go” TIF, which relies on the developer to pay for the up-front project costs with reimbursement from tax increment. 3) MN DEED Programs: There are a variety of programs available through the State of Minnesota DEED division. They include the Job Creation Fund and Minnesota Investment Fund, among others. In order for a business to utilize these programs it is typical for MN DEED to ask for support and cooperation from the city. Chanhassen has worked with MN DEED in the past on projects and would consider the use of these programs in the future on a case-by-case basis. APPLICATION PROCESS 1. The City reserves the right to: a) Request additional information. b) Deny any application. c) Select a third party administrator to assist in the management of the process. 3 2. Applicant should retain and be assisted by qualified financial consultants and/or underwriters, and legal counsel. 3. Construction of the project shall not be commenced until the City has given preliminary approval to the application for financing. Any advanced planning or construction completed will be done at the sole risk of the applicant. 4. Applicants should complete the appropriate planning application, and include a plans and/or narratives that outline the following: a) The specific request (program, amount) b) The reasoning and need for assistance c) Description of the company d) A concept plan and description of the project e) The number of jobs created and total compensation (breakdown of wages and benefits) f) Impact to the tax base g) Other impacts to the community h) Traffic demands i) Infrastructure demands and/or needs j) Any additional information that would be helpful to staff and City Council 5. Development must be of the highest quality with high quality building materials and landscaping as agreed between the City and the Developer. 6. If establishing a TIF district, the developer must pay all costs of establishing the district unless the City agrees to allow costs to come out of the district. 7. All projects must be consistent with Chanhassen’s Comprehensive Plan and any other similar plan or guide for development of the community. ADDITIONAL INFORMATION 1. City staff will review the data and make preliminary recommendations to the City Council as to compliance of the application and proposed project with City objectives, and business subsidy criteria, and Comp Plan. 2. After evaluation of the formal recommendation, the City Council will consider approval of the establishment of the Business Subsidy and hold the appropriate hearings. 3. All applications and supporting materials and documents shall become the property of the City. g:\admin\cp\economic development\business subsidy\business subsidy guidelines - 2018.docx Carver 49.57496237 ..............47.70286754 ............50.51174270 ....................5.89% Rural 18.23468516 ..............17.25454329 .........16.03666263 ...................-7.06% Urban 23.85464133 ...........22.66614244 .......21.06592574 .................-7.06% RMV Based 0.01147773 ...................0.0113466 ............0.01026053 ...................-7.85% Chaska Annex 27.56404099 .............27.23423503 .........27.61400656 .....................1.39% Rural 22.05123279 ................24.51081153 .........27.61400656 ..................12.66% Urban 27.56404099 .............27.23423503 .........27.61400656 .....................1.39% Cologne 69.70240862 ...............67.95190441 .........62.25967395 ..................-8.38% Hamburg 130.90193394 ..........103.20053000 .........140.17588738 .................35.83% Mayer Rural 31.85150939 .............26.75858867 ............24.03186115 ..................-10.19% Urban 53.29373158 ...............50.61197991 ..........49.90168815 ....................-1.40% New Germany Rural 34.77304362 ............33.65368380 .........32.09844257 ...................-4.62% Urban 99.88702106 ............98.75023906 ..........97.45162950 ....................-1.32% Norwood Young America 72.08549590 ..............71.83644297 .........70.28676483 ....................-2.16% Norwood Debt-RMV based 0.01770741 ................0.01568245 ............0.01849766 ...................17.95% Victoria Rural 16.37017687 ..............16.08829661 ...........16.08771005 ....................0.00% Urban 31.43165635 .............31.49540889 ..........31.43892067 ...................-0.18% Waconia 52.80459811 ............52.83585366 ..........52.71010885 ...................-0.24% Watertown Rural 39.78520705 ..............38.57437010 ............35.85711734 ...................-7.04% Urban 60.49914589 .............59.54859733 .........56.63508763 ..................-4.89% CARVER COUNTY CITIES Proposed Preliminary Levy for Carver County Cities FINALPay 2017 Chanhassen FINALPay 2018 PROPOSEDPay 2019 2018/2019% CHANGE CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Approve City Council Minutes dated October 22, 2018 Section CONSENT AGENDA Item No: E.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated October 22, 2018.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: City Council Work Session Minutes dated October 22, 2018 City Council Summary Minutes dated October 22, 2018 City Council Verbatim Minutes dated October 22, 2018 CHANHASSEN CITY COUNCIL WORK SESSION OCTOBER 22, 2018 Mayor Laufenburger called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, MacKenzie Walters, Paul Oehme, Todd Hoffman, Roger Knutson, and Greg Sticha PUBLIC PRESENT: Jake Parenteau 601 West 61st Street Bob Ayotte 6213 Cascade Pass REVIEW FRANCHISE FEE. FUNDING SCENARIOS. Greg Sticha reviewed background information on objectives trying to be achieved before presenting three options for City Council for their consideration. He stated staff is recommending using a dollar amount of $1.9 million with 58/42 split for residential/commercial before explaining the expectations of the utility companies wanting to use fixed franchises fees. Councilman McDonald asked for an example of who the large commercial utility users would be. Michelle Swanson with Xcel Energy stated they would like to see a smaller number being collected by the City through franchise fees and would favor flat fees across the board for residential and commercial. Councilwoman Ryan asked about revenue amounts utility companies have seen in the past. Councilman McDonald stated he would favor the idea of a cap on a monthly basis. Todd Gerhardt explained the impacts on the city with the current percentage of 17 percent commercial and 83 percent residential. Mayor Laufenburger asked Michelle Swanson for clarification on commercial utility usage. Michelle Swanson with Xcel Energy and Jake Parenteau with CenterPoint Energy agreed that usage is all over the board. Councilman Campion expressed possible support for levying the $1.9 million as opposed to the use of franchise fees, noting that residential will be impacted more than commercial. Mayor Laufenburger asked for clarification of what was included in letters submitted by Xcel Energy and CenterPoint Energy and the use of fixed fees versus percentage of usage fees. Jim Strommen explained the issues associated with achieving an equitable solution for residential and commercial using fixed fees versus percentage of usage fees. Greg Sticha noted that Minnesota Valley did not wish to comment at this time. Councilwoman Ryan asked if staff has considered using franchise fees for a shorter period of time, requesting a smaller dollar amount and suggested that perhaps the City can’t do $3.3 million dollars a year for road projects. Mayor Laufenburger asked Jim Strommen to comment on the length of most franchise fee contracts and the possibility of the council doing an annual review and/or change of fees. Todd Gerhardt City Council Work Session – October 22, 2018 2 explained that the City needs to do a tax rate analysis of surrounding communities. Councilman Campion asked about setting a lower PCI goal for roads into the future. Mayor Laufenburger asked staff to explore surrounding and KFS cities that are charging franchise fees, and what percent of their general fund budget is being collected through a franchise fee. Councilwoman Tjornhom asked staff about not charging franchise fees and increasing the levy and the impact on commercial and mixed businesses. Michelle Swanson explained that the City of Chanhassen’s proposed franchise fees for the large commercial users would be the highest in the state. Todd Gerhardt suggested capping the amount charged for large commercial and having small and medium commercial users absorb the difference. Councilwoman Ryan reiterated looking at a smaller dollar amount and how it affects the number of road projects. Mayor Laufenburger asked if council was comfortable using $1.7 million as opposed to $1.9 million in relation to the PCI index before asking that this item be brought back to council yet this year. Councilman McDonald stated he could support the 70 PCI as a practical number. Councilwoman Tjornhom stated she could support 70 PCI. Councilwoman Ryan stated she was fine with the 70 PCI but her problem was planning for long term versus short term. Councilman Campion stated he could support a lower PCI number than 70, maybe 66. Mayor Laufenburger stated his support for 70 PCI. MENTAL HEALTH EDUCATION DISCUSSION. Todd Gerhardt presented information on what other cities are doing regarding mental health issues and education. Chelsea Petersen provided a list of groups and agencies in and around Carver County and their websites before explaining law enforcement’s involvement with mental health related calls. Councilwoman Ryan asked about the relationship between the City of Chanhassen and these organizations. Mayor Laufenburger offered his observation after visiting the websites that a lot of people in the city are not aware of these organizations. Councilwoman Tjornhom discussed challenges in Scott County where she works with reaching out to the proposed agencies and affected people in the community. Councilwoman Ryan clarified that this item is before the council because of the tragic incident that occurred with Archer Amorosi and what the council needs to do moving forward to address this issue. Her experience is there seems to be the need for a coalition and expressed that she would be willing to be involved with such a coalition. Mayor Laufenburger explained that council members individually can get involved in whatever organization or cause but the questioned if the City Council as a whole should get involved. He asked the City Attorney Roger Knutson about statutes related to establishing a mental health commission. Roger Knutson explained that the City Council can form a commission and fund it as needed. Councilman McDonald discussed his experience of dealing with people with mental health issues. Councilman Campion asked to learn more about Carver County Sheriff’s involvement with these agencies. Mayor Laufenburger adjourned the work session at 7:10 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES OCTOBER 22, 2018 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Greg Sticha, MacKenzie Walters, Vanessa Strong, and Roger Knutson PUBLIC PRESENT: David Lieser 3881 Stratford Ridge Carin Moore 3480 Lakeside Drive, Minnetrista Kristina VanHauer 3480 Lakeside Drive, Minnetrista Dick Brown 2630 Orchard Lane M. Halama 670 Creekwood Street Briana Birkholz 3851 Stratford Ridge Harold Taylor 3861 Stratford Ridge Jane Bender 4001 Stratford Ridge Mark Halla 6055 Highway 212, Chaska PUBLIC ANNOUNCEMENTS: INVITATION TO COMMUNITY CLEAN UP WATER QUALITY EVENT, SATURDAY, OCTOBER 27, 2018. Mayor Laufenburger invited all residents and service organizations to volunteer on Saturday, October 27th for the Clean Up for Water Quality Event being sponsored by the Chanhassen Environmental Commission and the Riley-Purgatory-Bluff Creek Watershed District. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 8, 2018 2. Receive Planning Commission Minutes dated October 2, 2018 3. Receive Park and Recreation Commission Minutes dated September 25, 2018 City Council Summary – October 22, 2018 2 4. Approve Small Cell Facility Collection Agreement with Verizon Wireless 5. Item pulled for discussion. 6. Approve 2018 Service Agreement for Joint Assessment with Carver County Assessor 7. Resolution #2018-48: Approve Quote for Sanitary Sewer Televising (I/I) 8. Resolution #2018-49: Approve County State Aid Highway Designation for the Turnback of Highway 101 All voted in favor and the motion carried unanimously with a vote of 5 to 0. D(5). APPROVE MEMORANDUM OF UNDERSTANDING WITH CARVER COUNTY FOR CONSTRUCTION OF TH 5 REGIONAL RECREATIONAL TRAIL AND UNDERPASS. Councilwoman Ryan asked staff to elaborate on the scope and funding sources for this project. Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassen for Construction of Trunk Highway 5 Regional Recreational Trail and Underpass. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Chief Don Johnson provided monthly updates on staffing, calls for service, training, and the arrival and display of Ladder Truck 1. Fire Marshall Don Nutter reviewed activities involved with Fire Prevention Week and the Annual Fire Department Open House. Lieutenant Kittelson presented updates on the monthly statistics for September including calls for service, training, staffing, and Halloween safety reminders. ORCHARD LANE AREA STREET AND UTILITY RECONSTRUCTION PROJECT: PUBLIC HEARING, ORDER PROJECT AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS. Paul Oehme presented the staff report on this item. Nick Preisler with WSB and Associates was present to answer questions regarding the plans and specifications. Mayor Laufenburger opened the public hearing. Dick Brown, 2630 Orchard Lane asked about preservation of a 100 year old oak tree in front of his house and clarification of the assessment practice. Mayor Laufenburger City Council Summary – October 22, 2018 3 closed the public hearing. After questions and comments from council members the following motion was made. Resolution #2018-50: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council orders the project and the preparation of plans and specifications for the 2018 Street Reconstruction Project No. 18-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER ACCOUNTS TO THE COUNTY AUDITOR. Greg Sticha presented the staff report on this item. Mayor Laufenburger opened the public hearing. No one spoke and the public hearing was closed. Resolution #2018-51: Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council adopts a resolution certifying delinquent utility accounts to the Carver County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GLENDALE DRIVE SUBDIVISION REQUEST: APPROVE PRELIMINARY PLAT FOR 5 LOTS AND A VARIANCE FOR A 50 FOOT WIDE PUBLIC STREET. Kate Aanenson presented the staff report and Planning Commission update on this item. Paul Oehme addressed issues regarding street right-of-way. Vanessa Strong discussed stormwater management issues. The applicants Curt Fretham and Perry Ryan discussed issues involved with their proposal for a 5 lot subdivision. Mayor Laufenburger asked the property owners to the south to speak. Carin Moore, the personal representative of the Estate of James and Ruth Boylan, 6760 Minnewashta Parkway discussed different options for providing access to their property when it is subdivided in the future. Jeff Kersten, 6810 Minnewashta Parkway discussed issues associated with access to his property in the future. David Lieser, 3881 Stratford Ridge voiced the Stratford Ridge neighborhood’s opposition to extending the cul-de-sac to the north. After comments and discussion by council members the following motion was made. Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the preliminary plat to subdivide 2.14 acres into five (5) lots and one outlot as shown in plans stamped Received August 29, 2018, subject to the following conditions and adoption of the Findings of Fact through item (g) and Decision: SUBDIVISION Engineering: 1. Deleted. City Council Summary – October 22, 2018 4 2. Deleted. 3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway. 4. The survey of existing conditions does not indicate ROW between Glendale Drive and to the south for approximately 100 feet. 5. No stationing is shown in the plan set. 6. The drawing and utility easements are shown only on the plat. They should also be conveyed on the site plan. 7. Indicate surface water drainage flow arrows on the grading plan. 8. Provide existing and proposed elevations at the following locations: each lot corner, top of curb or centerline of the street at each lot line extension, center of proposed driveway at the curb or edge of the road. 9. Additional conditions will be identified after the developer has an opportunity to revise the design based upon the current conditions that are considered to be major in nature as they will require significant changes to the design. Water Resources: 1. Private stormwater best management practices (BMPs) are not permitted in public drainage and utility easements. An encroachment agreement will be required for the private swale within all side yard drainage and utility easements. 2. Easements for private stormwater treatment devices must be recorded against the properties using the city’s private stormwater easement template and approved by the City Engineer. 3. A Homeowners Association (HOA) encompassing all lots is required to ensure the technical expertise and a funding mechanism for the operation and maintenance of stormwater treatment devices is ensured in perpetuity. 4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator and recorded against the properties that details the HOA’s permanent inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as City Council Summary – October 22, 2018 5 designed. 5. To ensure stormwater treatment devices function as designed, the developer is responsible for the operation, maintenance, and performance of all stormwater improvements including vegetation, structures, soils, inspections, and erosion/sediment control for the first five years after project completion. After the first five years, responsibility shall transfer to the HOA. The developer is responsible for ensuring all stormwater improvements are functioning as designed at the end of the first five years. If stormwater improvements are not functioning as designed at the end of the first five years, as determined by the City Engineer, than the developer shall remain responsible for all operation and maintenance until devices are functioning as designed. 6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope of any primary structure. 7. If an emergency overflow route is adjacent to the property the lowest building opening must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144). All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening. Developer proposes a EOF at elevation 972’ on Lot 5 that meets this requirement. 8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City Code Sec. 7-78). 9. SWPPP contact must be identified. 10. Developer must provide an erosion and sediment control plan, and dewatering plan approved by the Water Resources Coordinator. 11. Maximum impervious per lot is 25%. 12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction. Topsoil shall be tested and approved by the Water Resources Coordinator. 13. The developer shall provide an updated Hydrocad model and stormwater management plan that is consistent with and supports the engineered plans and geotechnical report. 14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5 (SB-1). There must be three feet of separation between the bottom elevation of stormwater infiltration devices and the water table. Based on the geotechnical report, the bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975. The proposed “pond” will need to be lined if less than 3’ of separation from seasonal high water table. City Council Summary – October 22, 2018 6 15. The geotechnical report identifies moderately slow permeability of soils. Any infiltration swales must be sized to allow no more than 6” of ponding depth and drawdown within 24-48 hours. 16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and infiltration device locations prior to final approval. 17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet and outlet structures, underdrains, filtration media/amended soils, location and quantities of all species used. Ecotype must be native or approved native hybrid. 18. Details must be provided and approved for all stormwater treatment devices. 19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD) development review and permits. 20. It is the applicant’s responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.) prior to the City issuing permits. 21. Project must meet all stormwater requirements of the city and the MCWD. 22. Project will require stormwater management fees associated with city development review and permitting process. Fees can be estimated but cannot be accurately calculated until approvals have been received from the MCWD. 23. The site plan must identify the ability to install a future stormwater pipe that could connect the development to a regional pond southeast of the development. 24.The development must use Chanhassen Standard Specifications and Detail Plates. Parks: 1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, these fees would total $29,000 (five lots x $5,800 per lot). City Council Summary – October 22, 2018 7 Environmental Resources Coordinator: 1. The minimum number of overstory trees required to be planted in the development is 41. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta Parkway. All voted in favor, except for Councilwoman Tjornhom who opposed, and the motion carried with a vote of 4 to 1. The City Council took a short recess at this point in the meeting. CONSIDER MODIFYING STIPULATION AGREEMENT FOR THE MUSTARD SEED (HALLA NURSERY, INC.). MacKenzie Walters presented the staff report on this item. Council members asked for clarification on staff’s concern with agricultural products and produce. Mark Halla addressed items mentioned in the Stipulation Agreement. Maryanne Halama, 670 Creekwood spoke in support of this request as a neighbor and sister to Mark Halla. After discussion council directed staff to modify the Stipulation Agreement to reflect the ability for Mr. Halla to sell the products that support his current business but also give him the latitude to be creative and permit marketing activities that draw people to his business. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 10:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 22, 2018 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Greg Sticha, MacKenzie Walters, Vanessa Strong, and Roger Knutson PUBLIC PRESENT: David Lieser 3881 Stratford Ridge Carin Moore 3480 Lakeside Drive, Minnetrista Kristina VanHauer 3480 Lakeside Drive, Minnetrista Dick Brown 2630 Orchard Lane M. Halama 670 Creekwood Street Briana Birkholz 3851 Stratford Ridge Harold Taylor 3861 Stratford Ridge Jane Bender 4001 Stratford Ridge Mark Halla 6055 Highway 212, Chaska Mayor Laufenburger: Thank you and good evening and welcome to this council meeting. To those of you that are present in the chambers with us this evening as well as those of you watching via Mediacom cable TV at home or via our Livestream from the world wide web. Nice to have you with us this evening. Let it be known that for the record all members of the council are with us tonight along with Mr. Gerhardt our City Manager. Mr. Knutson our City Attorney and other members of staff. First action tonight is on our agenda. Council members are there any modifications to the printed agenda we have in front of us tonight? There being none we will proceed with the printed agenda as it is printed. PUBLIC ANNOUNCEMENTS: INVITATION TO COMMUNITY CLEAN UP WATER QUALITY EVENT, SATURDAY, OCTOBER 27, 2018. Mayor Laufenburger: Our first item of business tonight is actually an invitation. The Chanhassen City Council wishes to invite all residents and service groups in our community to volunteer on Saturday, October 27th. That’s this Saturday to help clean up for water quality. We are looking for volunteers who will work with the Chanhassen Environmental Commission and the Riley-Purgatory-Bluff Creek Watershed District to rake, sweep and shovel leaves, dirt and debris especially from curbs and streets at designated locations throughout the city. This organic Chanhassen City Council – October 22, 2018 2 material is a major source of water pollution that causes excessive algae growth and depletes oxygen needed for fish and native plants. Impervious surface such as city streets provide a wonderful pathway for phosphorus to get into our local lakes. Volunteers are asked to register on the City’s website. That is ci.chanhassen.mn.us. Go to the website and select a designated street to help clean. This would be great for neighborhoods. For boy scouts. Girl scouts. Civic organizations. I know that the Lions Club recently did a major city clean up. They volunteered their time and we’re grateful for that work. So the clean up will take place from 9:30 a.m. until noon on Saturday. Mr. Gerhard you’ve guaranteed good weather is that correct? Todd Gerhardt: Yes sir. Mayor Laufenburger: Alright. So if you would like to participate please visit the City’s website at, as I said www.ci.chanhassen.mn.us/cleanup for more information and to register. It’s time to clean up for water quality. Thank you. CONSENT AGENDA: Mayor Laufenburger: Next item on our agenda is our consent agenda. Consent agenda items are usually considered to be routine and will be considered in a single motion based on staff recommendation unless anyone on the council or visitors present would like to have a discussion separate. We have consent agenda items 1 through 8. Is there any agenda item that would like to be taken off the consent agenda? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan. Councilwoman Ryan: Number 5 please. Mayor Laufenburger: Number 5. Alright, any objection to that? Okay we’ll address that immediately following the consent agenda, is that acceptable? Councilwoman Ryan: Perfect. Mayor Laufenburger: Okay. Any other items to be considered separately? With that I’ll take a motion to approve agenda items D(1) through (4) and (6) through (8). Councilman McDonald: So moved. Mayor Laufenburger: Thank you Mr. McDonald. Is there a second? Councilman Campion: Second. Chanhassen City Council – October 22, 2018 3 Mayor Laufenburger: Thank you Mr. Campion. Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated October 8, 2018 2. Receive Planning Commission Minutes dated October 2, 2018 3. Receive Park and Recreation Commission Minutes dated September 25, 2018 4. Approve Small Cell Facility Collection Agreement with Verizon Wireless 5. Item pulled for discussion. 6. Approve 2018 Service Agreement for Joint Assessment with Carver County Assessor 7. Resolution #2018-48: Approve Quote for Sanitary Sewer Televising (I/I) 8. Resolution #2018-49: Approve County State Aid Highway Designation for the Turnback of Highway 101 All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Let’s deal with item, consent agenda item D(5). Councilwoman Ryan: Mr. Hoffman. Mayor Laufenburger: Mr. Hoffman are you prepared for this? Todd Hoffman: I am. Mayor Laufenburger: This is that trail between Century Boulevard and Arboretum right? Todd Hoffman: Correct. Mayor Laufenburger: Okay first of all Councilmember Ryan, was there a question or comment that you wanted to make before Mr. Hoffman? Councilwoman Ryan: I just would like Mr. Hoffman to talk about it. It’s a big project for the city. I’ve been asked a lot of questions about the trail and underpass and just wanted Mr. Hoffman to highlight it. Chanhassen City Council – October 22, 2018 4 Mayor Laufenburger: Okay, Mr. Hoffman. Todd Hoffman: Thank you Councilwoman Ryan, members of the City Council. And this is a County led project and the partners will include, financial partners will include Carver County, the Chanhassen Arboretum, Minnesota Landscape Arboretum and the City of Chanhassen and so as proposed to build a pedestrian trail from Century Boulevard on the south side of Highway 5 and then traveling west to Highway 41 where there will be an underpass. The underpass will lead underneath Trunk Highway 41. Around the back side of that big sign that’s at the Arboretum. Their brand new sign and then it will curve towards their entrance so there’ll be a trail on the south side of Highway 5 to the entrance of the Minnesota Landscape Arboretum. If you’ve noticed they’re building a deer fence around their entire perimeter of their property and so this will have a deer fence and then the trail will be on the north side or just outside of that particular fencing project that they’re doing. If you get to the entrance as a pedestrian or a bicyclist you can choose to either enter the Arboretum and pay the fee or have your membership card or you can just continue on the trail to the underpass which is at Minnewashta Parkway. And so the trail will be completed in about a one and a half year time span depending on the complexity of the construction. What they run into and of course it’s been just a really decades long ago for the community to have a trail, pedestrian trail to the Arboretum and this will complete that goal. Mayor Laufenburger: Did you have any other comments or questions? Councilwoman Ryan: No, just when we did the park review it was a highly noted trail gap and so like you said it’s been a decade long project and very exciting for the community so thanks for your efforts. Todd Hoffman: You’re welcome. Mayor Laufenburger: And what, could you remind us what are the funding sources again Mr. Hoffman? Todd Hoffman: So right now it’s estimated at $3.5 million. There’s a $1.2 million dollar federal grant. $1.2 million from Carver County and then each, the Arboretum and the City chip in about $600,000 at the current time. Mayor Laufenburger: Great. Well I recall when that funding alternative came in front of the Transportation Advisory Board. I think 2 or 3 years ago. Todd Hoffman: Correct. Mayor Laufenburger: And it was, it was important to get it passed so. Chanhassen City Council – October 22, 2018 5 Todd Hoffman: It’s a great project. None of the partners could do it alone and so it takes all of us working together. Really happy to have the support of the City Council on the project. Mayor Laufenburger: Good. Okay. Councilmember Ryan do you want to make a motion to approve that one? Councilwoman Ryan: Yes please. I’d like to make the motion that the City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassen for Construction of Trunk Highway 5 Regional Recreational Trail and Underpass. Mayor Laufenburger: Alright thank you. We have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Thank you Mr. McDonald. Any further discussion? Councilwoman Ryan moved, Councilman McDonald seconded that the City Council approves the Memorandum of Understanding between County of Carver and City of Chanhassen for Construction of Trunk Highway 5 Regional Recreational Trail and Underpass. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much. VISITOR PRESENTATIONS. Mayor Laufenburger: Just a reminder to those that are present as well as those that are watching at home, visitor presentations are part of every regularly scheduled council meeting. We encourage residents or visitors who want to speak to anything in front of the council to do so at this time and your council is attentive to listen. There being no visitor presentations we’ll close that and move to the next item on our agenda. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Mayor Laufenburger: This is the time for our monthly fire and law enforcement update. Let’s begin with, did you guys flip, draw straws or anything? Okay. I think we’ll go with Chief Johnson. You look eager to get to your training. Chief Don Johnson: Thank you Mayor and council. Mayor Laufenburger: Fire Chief Don Johnson. Nice to have you with us Chief. Chief Don Johnson: Good evening. This is my report for September’s call responses as well as our activities over the last, since the last council meeting. Current staffing is at 42. We have 2 Chanhassen City Council – October 22, 2018 6 on leave. Four of our firefighters are now, they’ve been in school since the end of July. We hope to have them certified in Fire Fighter I by the end of December which will allow them obviously to start their firefighter career. They’ll be able to get on trucks so we’re excited that that group of 4 is going through that. In September we had 84 calls. It’s our third month of having that number of calls this year. We are total at 650 by the end of September which is, was our basic total for all calls in ’15 and ’16 so we’re at about a 16 percent increase just over 2017 and our monthly averages went up to 72 calls per months so. 31 of those were EMS calls which included 8 motor vehicles accidents. We had one cooking fire. Our officer training for last month was incident command and residential structure fire response. We had EMS training and then on the 16th, 17th and 18th we had the manufacturer representative to do specialized training with our crew of the new ladder truck you got to see walking in the door tonight so. That training continues now in very small teams with the Captains working with the firefighters so we’re hoping to achieve about 8 to 10 hours for every firefighter on that truck before we put it in service. The truck was actually inspected the last week of September by the truck committee and arrived here in Apple Valley October 5th. As a member of the Minnesota Chiefs Association as well as the Conference Chair for the Annual Conference it was a proud moment for me to have our truck on display in St. Paul with the ladder right in the middle of the conference show so it was, we got a lot of comments. That is the first 110 foot ascendant in the state of Minnesota so we’re pretty proud to have that vehicle and we standing here thanking all of you for that support. With that I’d like to invite council and city leadership on October 29th to the fire station at 6:30 for a short ceremony and we’ll officially house that vehicle. I’m hoping to actually put it in service after that ceremony that night. The only other thing of importance is beginning October 1st Ana Fatturi, our Admin Support Specialist has now started to go on medicals during the day. She actually went through and got her medical certification. As council may know she does work in Excelsior Fire part time as well and they also started that so in a way to augment some of our staffing issues on the daytime. Ana’s certified and rides along and will attend medicals with us so kind of a big change for us this year on that. With change Mayor if I could ask for permission, I’d like to bring Fire Marshal Nutter up and discuss the fire prevention activities and the open house. Don has just done a wonderful job of making some changes. Not that we had to change to change but Don came in with a lot of experience in regards to actual fire prevention programs so we’ve changed that quite a bit and I’d like him to showcase kind of our activities so. Mayor Laufenburger: Very well. Chief Don Johnson: So if there’s no questions for me I can let Fire Marshal. Mayor Laufenburger: Well let’s just pause for a second. Any questions or comments from the council for Chief Johnson? Okay, do so. Chief Don Johnson: Thank you. Mayor Laufenburger: Fire Marshal Nutter, nice to have you with us this evening. Chanhassen City Council – October 22, 2018 7 Fire Marshal Don Nutter: Thank you Mr. Mayor, members of the council, city staff. I’m still fighting a cold and I’ve talked to thousands of children in the last couple weeks so my voice is not quite there. Some of them without a microphone so, so I’ll start with our open house recap. Some of you were here last time I was here and gave when Chief Johnson was absent and gave the fire department address but we did have the open house. It was a council night and again I apologize for that so VIP fire truck access for you guys next year for rides okay. Mayor Laufenburger: We’ll hold you to that Don. Fire Marshal Don Nutter: Okay, I’ll get you in the front of the line because the lines were very long. That’s one thing I’m going to touch on. We think we almost doubled our attendance from the last year and we know that because we bought a lot of food and we ran out and had to send people to get more food. We gave out over 500 pieces of swag and bags to the kids and ran out of that. And we had long lines for our fire truck rides. We had new things this year. We actually partnered with community businesses so Lunds and Byerlys donated 500 cookies and milk. They came and actually were on site and handed them out. Cub Foods was on site handing out bottles of water. Chick-fil-A donated sandwiches to the staff and the workers of the event. Healthsource Chiropractic came. They were giving out free massages so it was a pretty good event. Overall we had new things. We offered a hands only CPR AED class to the public. That was successful and we’re going to do more of that next year. We did some fire extinguisher training and we did quite a bit of active fire. I don’t know if you’ve seen it or not but we do a kitchen fire demo and then we demoed some smoke stops that we really push for people to put above their stoves. The demo went perfectly. As a matter of fact I spoke to a group of kids at Chapel Hill today and like 5 of them remembered exactly what it was called and what it did so. And it’s really. Mayor Laufenburger: You’re saying learning took place is what you’re saying. Fire Marshal Don Nutter: Learning took place yeah so it was a good time and we really appreciate, the fire department appreciates your continued support of being able to do these type of activities. Fire prevention has been turned from more of a week to a month for us. We have so many schools, daycare programs and even community businesses that we’re partnering with this year that we’ve reached out and not only are we visiting the preschool kids and kindergarteners but now we’re doing everything up to, I have an after school program with high school kids. We’re doing cooking prevention. Safety. Fire extinguisher training. Electronics training. All these things with kids that now days are really causing a lot of the fires and these are the kids that are home alone cooking and watching other kids and so we’ve done a lot of that. It’s been very successful. I had a parent approach me at Target. I was over there getting a Starbucks and the little kid pointed at me and I said oh oh and she said it’s you. And I said oh oh, and she said my son told me that my lighters can’t be in the kitchen drawer and I said I love your son. He’s great and he gave me a little hug and I kind of winked at him so every little bit helps and so we continue that program the next couple weeks and we should finish up so that’s all I have. If you have any questions for me or comments. Chanhassen City Council – October 22, 2018 8 Mayor Laufenburger: Any questions for Fire Marshal Nutter? Well we love your energy and good ideas that you’re bringing here Don. Fire Marshal Don Nutter: Thank you. Mayor Laufenburger: Keep it up. Looking forward to that VIP ride next year. Alright. Next on our agenda is our law enforcement update. Lieutenant Kittelson. Lt. Eric Kittelson: Good evening Mr. Mayor, council members. I have the monthly law enforcement update for you this evening. September calls for service summary. We had 46 Group A crimes. 19 Group B crimes. 431 miscellaneous non-criminal calls for service. 361 total traffic incidents. 30 administrative functions and for a total of 887. Arrests, citations and verbal warnings summary. We had 49 individuals who were arrested and charged with 73 crimes in 40 separate incidents. The majority of those were for DUI and liquor law violations as well as drug violations and disorderly conduct. We had 55 traffic citations with almost half of those being speeding violations. Training update. Sergeant Breunig and Sergeant Stahn attended the FBI ELI. Executive leadership training hosted in Edina October 8th through 12th. The Executive Leadership Institute is Part III of a 3 step leadership series that makes up the FBI ELI trilogy. The following is a list of topics covered in the ELI program. Trends in law enforcement. Implications of the President’s Task Force on 21st Century policing. Public trust and legitimacy. Bias and diversity. Employee wellness and power transformational leadership and social and emotional intelligence. Community relations. Deputies provided traffic control for the Chanhassen High School Homecoming parade on Friday, October 5th. The event was very well attended and there were no issues. I gave a presentation at the Senior Center on October 8th. This is part of an ongoing program we call Details with Deputies. We had a full house again and we discussed law enforcement training, education, and professional standards and again very well attended and we always usually have to break because of the questions continue so we do that regularly. Staffing update for 2019 Deputies Mike Hanson and Adam Heitz were selected as Patrol Corporals through our employee growth and development process. Very proud of Deputy Heitz and Deputy Mike Hanson and welcome them to our supervisory team as they continue their career development. And some Halloween safety reminders. Decorate costumes and bags with reflective tape or stickers and if possible choose light colors. Since masks can sometime obstruct the child’s vision try non-toxic face paint and make-up when possible. Have kids use glow sticks or flashlights to help them see and be seen by drivers. If kids are mature enough to be out without supervision remind them to stick to familiar areas that are well lit and to trick and treat in groups. And for the non trick or treaters remember that popular trick or treating hours are 5:30 to 9:30 so be especially alert for kids during those hours especially when driving. And when selecting a costume make sure it’s the right size to prevent trips and falls. That concludes my report and I’ll stand for any questions. Mayor Laufenburger: Alright thank you Lieutenant Kittelson. Mr. Campion did you want to make a comment? As a follow up to our work session. Chanhassen City Council – October 22, 2018 9 Councilman Campion: I spoke to Lieutenant Kittelson in the hallway. Mayor Laufenburger: Okay you did already, okay. Councilman Campion: And he was going to reach out for our work session follow-up after the council meeting. Mayor Laufenburger: Why don’t you just make a comment since it was discussed in the work session. Councilman Campion: So we had a work session talking about mental health crisis response options and I just asked that you know Lieutenant Kittelson or someone that he delegates to teach the council a bit more about the interaction with the Carver County Mental Health Crisis Team and how law enforcement interacts with them. Mayor Laufenburger: Okay, can you speak to that Lieutenant Kittelson? Lt. Eric Kittelson: Yes. So I do have a scheduling conflict but Sergeant Bones was going to monitor the meeting online and join you as you reconvene afterwards in the work shop for any questions and then any formal presentation of a broader nature I’d be happy to put something together for a future work shop or meeting. Mayor Laufenburger: Yeah I think it would be great if we could have some comment after this but I think more importantly let’s, if we need to dedicate a special session for it. A special segment on a work session that would be okay too. Are you alright with that Mr. Campion? Councilman Campion: Yeah that sounds good. Mayor Laufenburger: Okay, any other questions or comments for Lieutenant Kittelson? Thank you. Lt. Eric Kittelson: Alright, thank you. Mayor Laufenburger: Oh by the way, and Halloween is celebrated, when will trick or treating occur? Lt. Eric Kittelson: Well you know popular hours are 5:30 to 9:30. Mayor Laufenburger: But what day? Will it be on that? Lt. Eric Kittelson: October 31st. Chanhassen City Council – October 22, 2018 10 Mayor Laufenburger: Wednesday right? Lt. Eric Kittelson: Yes. And I believe daylight savings time is the following Sunday afterwards so keep that in mind. Mayor Laufenburger: So it will be, it won’t be, it will be lighter this Halloween than it will be a week later right? Lt. Eric Kittelson: I’ll trust you on that. Mayor Laufenburger: Yeah. Okay, thank you Lieutenant Kittelson. Lt. Eric Kittelson: Alright, thank you. ORCHARD LANE AREA STREET AND UTILITY RECONSTRUCTION PROJECT: PUBLIC HEARING, ORDER PROJECT AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS. Mayor Laufenburger: Alright the next item on our agenda is, we have two public hearings this evening. First is a resolution regarding 2018-50. This would be street and utility reconstruction project for next year. Mr. Oehme is this your’s? Paul Oehme: Yes it is. Mayor Laufenburger: Welcome. Paul Oehme: Thank you Mayor, City Council members. So tonight I’d like to just brief you on the projects we’ve, on the Orchard Lane street improvement project that is proposed for next year. Tonight with me is Nick Preisler with WSB who’s helping us with this project and with the plans and specifications. So Orchard Lane area is located on the northeast side of Lake Minnewashta. It’s approximately .7 miles worth of streets proposed to be improved. They include Orchard Lane, Oriole Avenue, 64th Street, Forest Avenue and Forest Circle. These are, this street is the last major neighborhood along, on the north side of Lake Minnewashta that’s needing improvement. The pavement conditions are fairly low. As you can see here they range between 33 and I think 13 with the park down below is 43. We rate our streets again from zero to 100. 100 being a new street. Zero being a gravel street so these are, these streets are definitely on the lower end of our paving condition and are in the range of streets that should be reconstructed. Considered for reconstruction. So again the purpose of the project is to improve these streets like we have been doing throughout this area. Streets in Orchard Lane area were built in 1974 and are due for reconstruction. 64th Street that’s kind of an out layer that was built in 1988 and that has a different pavement treatment that we’re proposing and again the pavement condition or the OCI is the overall condition index of the streets range between 13 and 36 which is with an average of 26 which is definitely within the range of a reconstruction area. Any roads Chanhassen City Council – October 22, 2018 11 that are rated below a 45 are considered in the reconstruction area. Streets basically cannot be maintained with normal pavement management techniques like a sealcoat or just pothole patching. It just doesn’t last anymore and potholes are prevalent throughout this area. Drainage issues as well. So this is just a couple shots of photos of some of the streets that we’re talking about. Heavily potholed. Heavily cracked areas. Alligatored areas and deteriorated pavement with no curb and gutter. So what we are proposing is again to reconstruct these streets to our city standard pavement section. We’re looking at 4 inches of asphalt. That would be over 10 inches of gravel here and then 18 inches of select granular which is the sand material that we use to drain the subsurface. Drain the pavement section. We’re also looking at putting drain tile in on both sides of the road. 4 inch drain tile so this all, this helps drain the water away from the pavement. Helps the pavement last a little longer and then it also gives the property owners an opportunity to tie into that drain tile if they, their sump pump discharges in this area as well. So the streets are, we’re proposing to put the streets back to the current width of the existing streets so they’re going to vary from street to street, block to block with curb and gutter which is the surmountable type that we’re proposing which is consistent with the last project we did over in Minnewashta Heights so. So watermain in this area is, was put in with the street back in ’74. The watermain is cast iron which has a tendency, more brittle and when it becomes older, we have documented one watermain break but we’re fearful if we put a new street over this old watermain that it’s, we’re going to be more susceptible for watermain breaks in the future. We are proposing to put back PVC watermain which is our standard pipe material that we use throughout the community in new developments. New service stubs would also be extended to each of the properties along the corridor so it would have new curb stop boxes and new copper services to their house. The sanitary sewer system has been inspected and there’s a couple areas that we would like to improve at this time. There’s some belly, some cracked pipe in 3 locations that we’re looking at digging up. We can’t line those areas or fix them without going down and actually replacing the pipe. We’re looking at grouting a couple areas. Leaking joints and those type of things to try to take care of some I and I issues and then also putting in ironide barriers in all the manholes so any surface water that gets into the pavement section wouldn’t get into the sanitary sewer system. Storm sewer improvements in this area are fairly challenging. The city right-of-way is narrow here. There’s very little opportunity to do a traditional ponding system so what the staff and the consultant have come up with was constructing a rain garden at the intersection of Oriole and Orchard Lane and additional storm sewer systems out here. We’re also looking at sump pump, or sump manholes throughout the development or the project area as well. That would capture some of the sediments and the floatable materials before they discharge into water bodies or other storm water features as well so there’s a lot of storm sewer pipe that we’re proposing too. There’s very little storm sewer system that’s out here so over on Orchard Lane there’s a significant amount of storm sewer pipe here that we’re putting in and then also down on Forest Circle as well to try to capture that water before, and try to treat the water within the area before it discharges. This is a rendering of what the rain garden would potentially look like on Orchard Lane at the intersection of Oriole. We still need to work with the property owner on some easements to facilitate and construct the rain garden but we’re hopeful that we’ll have that ready here in the next couple weeks. Chanhassen City Council – October 22, 2018 12 Mayor Laufenburger: Is the property owner that business? Paul Oehme: It is, correct. Mayor Laufenburger: Okay. Paul Oehme: So that’s a brief overview of the project itself. Budgets and financing is shown here. So the street costs are, we estimate at about $1.254 million dollars. Storm sewer improvements are in the range of $354,000. Sanitary sewer improvements are estimated at $182,000 and then the watermain replacement is a little over $500,000 for a total estimated project cost of right around $2.3 million dollars. The City’s practice for helping finance these projects is to assess 40 percent of the benefiting cost of the streets back to the property owners. In this case there are 48 properties within the project area that would benefit from these improvements. Again the older sections of streets would be assessed at a different rate than 64th Street project so Orchard Lane, Oriole Avenue, Forest Circle and Forest Avenue would be proposed at this rate so total project street cost estimated for this section is a little over $780,000 with a 40 percent proposed assessment amount. We divide that into the 36 assessable units in this area and we come up with an estimated assessment cost of $8,720.13. Again this is just an estimate at this time. Once we receive bids, if it goes to that level, we’ll re-evaluate or re- calculate the assessments based on the cost that we actually receive and re-estimate the assessment amount. The assessment terms that the City proposes through the assessment practice for this project is a 10 year assessment at 2 percent over prime rate at the time of the assessment hearing which would be next year. Likewise for 64th Street the cost associated with 64th Street, since that’s a little bit different treatment of street improvements. There is 12 assessable units there. 40 percent of the construction cost for just the streets is a little over $45,000 so that assessment is right now estimated at $3,758.23 and again we’re looking at a proposed assessment term of 10 years at 2 percent over prime rate. So proposed schedule if this project were to move forward, tonight we’re discussing if we want to put the plans and specs together. Finish up that. The next steps would be to approve the plans and specs and order the advertising for bid. That would be in November. We’re looking at a bid opening in December. Mid December sometime and then we would have a neighborhood meeting in January with the proposed assessment hearing and award of contract in January as well. On January 25th we penciled in. The construction start, we’d like to try to start this project a little bit earlier than some other projects in April. Right after road restrictions are off and then have substantial completion in September you know based upon weather and other factors but that’s our tentative schedule. With that if there’s any questions for Nick or myself we’d be more than happy to answer them but I’d request that a public hearing be opened for this item. Mayor Laufenburger: Thank you Mr. Oehme. Nick is there anything you need to add on this? Nick Preisler: Not at this time Mr. Mayor. Mayor Laufenburger: Okay. Chanhassen City Council – October 22, 2018 13 Nick Preisler: Thank you. Mayor Laufenburger: Alright. Staff any, before we open the public hearing any questions from staff? Excuse me, from council of staff. Anybody? Just Mr. Oehme, did you conduct the neighborhood meeting on October 18th? Paul Oehme: Oh I skipped over that, I’m sorry. Mayor Laufenburger: What were the results? Paul Oehme: We had 3 property owners that were in attendance and they had some great questions and they had some good comments for us to take a look at. I would say all 3 property owners were in support of the project moving forward. So we did have a neighborhood meeting last year in August as well too so we’ve, this is actually our second neighborhood meeting that we’ve had. Mayor Laufenburger: But assuming things move forward you said the next meeting would be in January, is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Since there’s no other questions at this time I’d like to open the public hearing. This is a public hearing. If you would like to speak to the council or staff related to this resolution 2018-50 which is street and utility reconstruction on Orchard Lane and the surrounding area, please step to the podium and state your name and address. We welcome anyone. Okay. Dick Brown: Good afternoon or good evening. Mayor Laufenburger: Good evening. State your name and address. Dick Brown: My name is Dick Brown and I’m at 2630 Orchard Lane. Mayor Laufenburger: Alright. Dick Brown: I just have a couple of questions. First is kind of silly maybe but on the boulevard where I live is about a 100 year old oak tree I’ve been in love with for 48 years. Paul Oehme: Yep. Dick Brown: And I just want to know if we’re going to keep that tree. Chanhassen City Council – October 22, 2018 14 Paul Oehme: We’re well aware of that tree Mayor and City Council members. Mayor Laufenburger: Did you carve your initials in it Dick? Dick Brown: Not yet but I will. Mayor Laufenburger: You will. Paul Oehme: I think your house number’s on the tree though isn’t it? Dick Brown: Pardon? Paul Oehme: I think your house number is on the tree isn’t it? Dick Brown: It is. Paul Oehme: Okay. Dick Brown: Yes sir. Mayor Laufenburger: And did you say your address is 2630, is that right? Dick Brown: Right. 2630 right. Mayor Laufenburger: Okay, did you have any other comments or questions? Dick Brown: Yeah the other question I have is, in the reading it says the assessment methodology or amounts are not determined by the City Council meeting which is this. These issues will be addressed probably at a later meeting but there was some talk prior to this about a different methodology and it was going to be presented to the City Council charging maybe utilities to pay for the project. Has that ever been done or addressed? Mayor Laufenburger: Is it Mr. Brown, is that correct? Dick Brown: Yes. Mayor Laufenburger: Okay Mr. Brown, what you’re referring to is a consideration that the council is weighing to, how to fund the street improvement projects in the future. Dick Brown: That’s correct. That’s correct. Mayor Laufenburger: That’s correct and one of the considerations is to utilize what are called franchise fees in conjunction with other revenue sources, including the assessment of the Chanhassen City Council – October 22, 2018 15 benefiting property owners and since the council has not made a final decision on that going forward what you’re hearing from Mr. Oehme is this is the, this is the program that’s in place today. The assessment practice. Now if there’s a change in that it’s quite possible that that change could be made before this construction project takes place and a different methodology could be used but at present time the current practice that we use is assessing 40 percent of the street repair to the benefiting property owners and then the remaining 60 percent is essentially funded out of the pavement management program fund which is funded by all citizens in the village. Dick Brown: And I understand all that. Is there a time line for this council to look at the other method? Mayor Laufenburger: Well I know that city staff is encouraging the council to act as quickly as possible but the council’s not ready to make that decision yet Mr. Brown. Dick Brown: And I agree with the project. It has to be done so I’m in, I think that has to be done but as long as we save that tree. Mayor Laufenburger: Alright. Is there a yellow ribbon on it? Dick Brown: Not yet. Paul Oehme: Not yet, okay. Mayor Laufenburger: Not yet, okay. Alright, thank you Mr. Brown. Paul Oehme: So Mayor I’d just like to address that issue. So we’re well aware of the oak tree and we’re doing our, we actually worked to design around that oak tree as much as we can for the utilities so it did not disturb the soil around it. Was it last fall I think we went in and, in conjunction with the forester. We hired a contractor to trim up some of the roots along the roadway there so that the contractor when he’s digging doesn’t hit that so hopefully you know that will be another prevention. Another help to try to save that oak tree. Mayor Laufenburger: Okay, alright. Thank you very much Mr. Oehme. Is there anybody else who would like to speak relative to this resolution and this project? Alright there being none I’m going to close the public hearing at this time. Bring it back to the council for any questions, comments or direction. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Go ahead Councilmember Ryan. Chanhassen City Council – October 22, 2018 16 Councilwoman Ryan: Just two questions and I wanted to wait until after the public hearing because it has to do more of the plans and specs so to speak. I know we ran into some challenges with the Minnewashta Bay project with the moving of utilities which caused significant delays for that project. How does that, how are you incorporating that challenge so we don’t run into that same thing here? Paul Oehme: That’s a great question Mayor, Councilmember Ryan. So actually we worked with CenterPoint this fall and they actually have moved the utilities already so, and they still haven’t done some restoration on, in the boulevard and the street yet. That’s supposed to be done in the next couple weeks here but we really strongly encouraged the utility companies to move their facilities out of the way before we start our project so that hopefully it won’t delay us as much as in the last project did. Councilwoman Ryan: Great. That’s great news. And then the second question, I know it was brought up and when you put plans together do you ever give any consideration to when you award the contract obviously it’s the lowest bidder but also include some sort of a project manager for help with communication with neighbors and being on site. Is that something that we would encourage? Nick Preisler: Yep, thank you for your question Councilmember Ryan. WSB has a staff. We do incorporate a construction manager into the project. Councilwoman Ryan: Are they there every day overseeing it? Nick Preisler: We’re not there every day so we work hand in hand every day with city staff who are there daily inspecting the project. Working with the contractor. We attend the weekly meetings and we’re available by phone and I have other projects in the area and I do stop by several times a week to make sure the project is going as scheduled. On grade during construction and then we’re also keyed in daily on activities to make sure we know what’s going to happen the day of and the day after and try to stay tuned into that process as much as possible without actually being on site every single day to try to help preserve funds. Councilwoman Ryan: Okay and I really part of it has to do more with the communication. I think some of the challenges that the residents faced is you know moving cars because they’re going to be working in front of their house and they weren’t told and you know given enough advance warning so just some of those communication pieces. I know Mr. Oehme’s familiar with it since it’s a neighboring street obviously that we’re just aware of the challenges we faced with that last road construction project. Nick Preisler: We’ll be sure to keep that in mind as we move forward and work into a pre- construction meeting with the contractor and see what we can do to work with the contractor proactively to have better communication with the residents on those items. Chanhassen City Council – October 22, 2018 17 Councilwoman Ryan: Perfect, thank you. Mayor Laufenburger: Anything else? Councilwoman Ryan: No thank you. Mayor Laufenburger: Mr. Oehme who is the communications focal point on city staff for these projects? Paul Oehme: Well it would be the inspector. Engineering technician who’s on site on a daily basis so we have, we give, he has a cell phone that we give out to all of our communications to the residents. His phone number is on the website. Our city staff’s number is on the website as well and you know property owners can always call engineering department and if they have any specific questions too. Mayor Laufenburger: So is that Mr. Ferraro? Paul Oehme: Mr. Ferraro. Mayor Laufenburger: Steve Ferraro, okay. Alright. Any other questions from staff? I mean from council. Mr. Oehme what about the April start? Are there school buses that are on that Orchard Lane? Paul Oehme: There are. Mayor Laufenburger: Talk about that please. Paul Oehme: Yep exactly, that’s a good question too. So we already talked to the school district about busing in this area too so we’ve changed where we’d be changing some of the drop off points and pick up points based upon where our schedule is and our staging will be so we’ve already had that communication with the school district already and we’ll just work with them on as need be basis to make sure that those drop off and pick up points are working correctly. Mayor Laufenburger: Okay and that will be part of your neighborhood meeting too in January is that right? Paul Oehme: Yep, yep. Mayor Laufenburger: Okay, alright. With that any other questions or comments from council or any direction from council? Councilman McDonald: Mr. Mayor. Chanhassen City Council – October 22, 2018 18 Mayor Laufenburger: Yes sir. Councilman McDonald: I’ll make a motion that the City Council orders the preparation of plans and specifications for the 2018 street reconstruction project number 18-01. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion at this time? Resolution #2018-50: Councilman McDonald moved, Councilwoman Ryan seconded that the City Council orders the project and the preparation of plans and specifications for the 2018 Street Reconstruction Project No. 18-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: That motion carries 5-0. Thank you Mr. Oehme. Paul Oehme: Thank you. Mayor Laufenburger: Thank you Mr. Preisler. Nice to have you with us. PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER ACCOUNTS TO THE COUNTY AUDITOR. Mayor Laufenburger: Mr. Sticha is this your’s I bet? Greg Sticha: Yep. Mayor Laufenburger: You and anybody else? Greg Sticha: No, just me. Mayor Laufenburger: Okay, alright. This also requires a public hearing. Greg Sticha: It does. Good evening Mayor and council. On an annual basis the City Council certifies to property taxes delinquent sewer and water bills from the customers in the city. This is allowed under State Statute 444. This year’s delinquency list is nearly identical to last year’s in terms of number of accounts and dollar amount. This year’s accounts we’re asking to certify 203 accounts with a total value of $110,000 as compared to last year of 206 accounts totaling $119,000. Typically between now and when the amounts were certified to the council we get a significant payment of this hundred and some thousand dollars. Chanhassen City Council – October 22, 2018 19 Mayor Laufenburger: What’s significant? Greg Sticha: Usually 20 to 30 percent. Mayor Laufenburger: Okay. Greg Sticha: So between now and then we will have a number of delinquent accounts be paid either in partial or in full. If the set up a payment program with the City we do allow that under certain circumstances assuming that their account hasn’t had numerous payment plans in the past. So in terms of what we’re looking at as compared to previous years no real change. Pretty similar as compared to previous years. In all cases the delinquent accounts have received at a minimum two notices and in most, almost all circumstances 4 or 5 notices of the delinquency so this is not the first notice that they’ve gotten over the last year and in most cases the accounts are delinquent over a year. So with that I would ask the council to certainly ask any questions if they have them about the delinquent accounts and then open a public hearing and allow for public comment. Mayor Laufenburger: Okay. Council any questions of Mr. Sticha regarding this list or the process we’re in at this time? Alright with that Mr. Sticha I’ll ask you to sit down and I will open a public hearing. Public hearing is required for it prior to the passing or the action on this resolution. If there’s anybody that would like to speak relative to the certification of a delinquent sewer and water accounts before we send it to the County Auditor you’re welcomed to address the council at the podium at this time. Alright there being none I will close the public hearing and bring it back to the council for any questions or comments or action. Councilwoman Tjornhom: Mr. Mayor I’ll make a motion. Mayor Laufenburger: Alright, Councilmember Tjornhom. Councilwoman Tjornhom: I’d like to make a motion that the City Council adopts a resolution certifying delinquent utility accounts to the Carver County Auditor. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Alright any further discussion? Resolution #2018-51: Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council adopts a resolution certifying delinquent utility accounts to the Carver County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Chanhassen City Council – October 22, 2018 20 Mayor Laufenburger: That motion carries 5-0. Thank you Mr. Sticha. And by the way would you mind just as a follow up, before you go to the auditor could you just send a note to the council indicating how many accounts and the dollar value, what was paid between now and when you send it to the Auditor just as a point of record. Thank you very much. GLENDALE DRIVE SUBDIVISION REQUEST: APPROVE PRELIMINARY PLAT FOR 5 LOTS AND A VARIANCE FOR A 50 FOOT WIDE PUBLIC STREET. Mayor Laufenburger: To whom does this belong? Kate Aanenson: I will start and then. Mayor Laufenburger: Alright Ms. Aanenson nice to have you here this evening. Kate Aanenson: Thank you, and then the City Engineer will take over the bulk of it. Mayor Laufenburger: Okay. Kate Aanenson: So this application, when the applicant owner Lake West Development, Perry Ryan, this item did appear before the Planning Commission at 2 meetings and I’ll go into that in a little bit more detail but I also just wanted to let the Planning Commission, I mean the City Council know that we’re, for the application deadline is the 27th of October so we’re close to the 120 days. Mayor Laufenburger: When you say the application, you mean the action deadline? Kate Aanenson: Correct, action deadline yes so. With that there were two requests for this subdivision and a variance. This item, the summary of this item is that it’s a request for 2.14 acres to be divided into 5 lots and the property is located just to the west of Minnewashta Parkway. There’s sewer and water available. There’s a few little nuances that I’ll spend some time on and then the City Engineer will talk more specifically about those because most of the issues are regarding street improvements and an additional stormwater. So this item first appeared before the Planning Commission on August 7th. At that meeting the staff felt that there was multiple concerns and was felt like they needed to be addressed before this application went forward and that’s again adding to the time line there. One of the things that we did ask the applicant to do is work with the property owners to the south. There’s been little movement in that direction and then in addition to that the stormwater. So the stormwater I’ll let the engineering go through that in a little bit more detail but some of those changes were made even as late as last Friday. So it did reappear on October 2nd. At that time the staff had recommended again approval with some variances. It did include in your cover memo that there was a question from the neighboring property to the south regarding the extension of the street and that it was the interpretation of hardship and practical difficulties. There’s a different standard if you look at your Findings of Fact for a subdivision. There’s different application of hardship in our city Chanhassen City Council – October 22, 2018 21 code so hardship is the application here and the variance that was requested on this was for right- of-way for the street and we had recommended 50 foot of right-of-way which is typical in that area so we thought putting 60 foot in would be an undue hardship and that was our interpretation. Some of the neighbors to the south had a different opinion on that. That opinion also was reiterated by the City Attorney and that was included in your cover memo on that. Mayor Laufenburger: So the City is, I want to make sure I say this correctly. The City’s recommendation is to accept a 50 foot right-of-way which would be a variance from the 60 foot right-of-way. Kate Aanenson: Correct. Under the. Mayor Laufenburger: Is that correct? Kate Aanenson: Under the subdivision regulations the test then would be hardship. Mayor Laufenburger: Okay. Alright. Kate Aanenson: And there was a little bit of difference of opinion on that so just again some of the background issues. Again the subject site is this property here. Again there’s two properties to the south. The biggest issue for the staff as I said from the beginning is to, how do we incorporate those two parcels. It’s the City’s policy that we make sure that we don’t develop one piece of property to the detriment of another piece of property. I’ll let the City Engineer go through some of the different layouts in a minute and the issues there but this property has a little bit of a nuance here in that there’s a flag that comes across here and then there’s a city owned property here. We do, are recommending that that property. Excuse me, that that property be incorporated into the subdivision. There’s a little piece to the south here that we recommend go to this lot but that is a city owned property that we’d like to see incorporated into the subdivision. This other piece up here, the flag would then be creating an outlot. The property is within the shoreland district. This is the area shaded in green so that’s, represents the lot size and then also the height of buildings that can be within that area. So this again shows that property here. The city owned property and then this property, this portion of that city owned property makes the most sense to go to 3931 Country Oaks Drive and not this parcel because it creates a, just a little interesting nub there so we think it needs, should be serviced to the south. There are some challenging grades to the property and this comes into play when you look at how the property is to be served by stormwater. Again looking at all the properties together is what we do is saying what’s the best way to serve stormwater. I think when this originally came in there was rain gardens in the back of all those lots and we felt like that wouldn’t be the best way to serve all those properties as properties change over. Different homeowners not managing those and accommodating sufficient stormwater so that I know the developer has worked on making those changes. One of the other issues that we look at when a subdivision comes in is where is the park service area. So there is Roundhouse Park that’s being serviced, that will be serviced by this area and then also there is the trail that would get you down there. I know questions have Chanhassen City Council – October 22, 2018 22 arose regarding access to the beachlot. That’s a separate issue from the city as how they would manage is between the HOA and the existing underlying property owner that they would resolve that so we did not address that in our staff report. Now I’ll turn it over to the City Engineer regarding the right-of-way and the stormwater issues. Paul Oehme: Thank you Ms. Aanenson. City Council members. So just wanted to touch a little bit, Ms. Aanenson talked about the plat and the property on the west side. On the east side on the plat we’re a little, we’d like to clean up the right-of-way line here a little bit. It wasn’t clear to us on the plat exactly comparing the plat which is on the, the proposed plat is on the right hand side and the GIS from Carver County is on the left hand side. Those don’t match up so we’re trying to would like to make sure that that’s cleaned up so that the right-of-way is outside of our trail and in the right-of-way along Minnewashta Parkway. Mayor Laufenburger: Are you asking council for that action tonight or not? Paul Oehme: It’s one of the conditions. Mayor Laufenburger: Okay, alright. Paul Oehme: The staff report yep. Kate Aanenson: Again to be clear so this is preliminary plat. When this comes back for final plat it would have to have that resolved. Mayor Laufenburger: Right. Paul Oehme: That and then so again like Ms. Aanenson had talked about access and these fill in developments are very challenging especially when we have the grades like we do on this parcel. This is just again an overlay of the area. Stratford Ridge was developed in I think 1988. The plat here does show that the right-of-way abuts the property to the north which typically indicates that there was some thought about extending that road out in the future. You know back in ’88 there were other developments that were built with temporary cul-de-sacs as well and I think this was one of them that was looked at. Back in ’88 there were some preliminary layouts of this area. How things potentially could develop and when Stratford Ridge and some of the other areas in this area were developed and I’ll show you those in a minute. This is one of the options that the council at that time looked at for connecting neighborhoods and for orderly development of this area. Trying to tie all those loose ends together so we’re not having long dead ends and roads that basically go nowhere. That’s one option. The other option that is more follows what’s out there today is this Option B which again does show that the Stratford Ridge Road would go up to Glendale Road here but you know we’re flexible in terms of how this area is, can be developed, the 3 lots but we just want to make sure that we’re planning for future development to the properties to the south of the property in question right now. Again as Ms. Aanenson talked about the grades are very challenging. Again the grades fall mainly off to the Chanhassen City Council – October 22, 2018 23 south with a low point to the properties down to the south of the proposed development. There’s some steeper grades to the north of Stratford Ridge which makes any roadway extension in this area a little bit more challenging. This is a ghost plat that the developer had looked at. We asked the developer to look at how potentially these two lots to the south would develop. You know this is a concept. Again it would be challenging I think to make this layout to the south work just because of the grades that we know of. A lot of fill potentially would have to go in there. And then also from a property owner perspective we’ve heard from property owners to the south that you know they’d prefer not to extend the road in this manner with future development. So again you know we’re, Ms. Aanenson had talked about we’re trying to always looking out for the future. Look at you know how to service future parcels down the road. You know looking at the topography. The drainage. The traffic. Just trying to look at where services, city service would be. How to service these parcels in the future and then also just arranging the, arrangement of the streets for proposed subdivisions so they don’t cause undue hardship to adjacent property owners and this is both of these sections are in the subdivision ordinance so this is again relates to the property owners to the south of the property in question. One of the items that was discussed at the Planning Commission was the length of a cul-de-sac. So one of the, again the developer had proposed extending Stratford Ridge farther to the north to service the two properties. You know the definition of a cul-de-sac, the City’s interpretation of that is where there’s more than one ingress and egress basically so a dead end or a cul-de-sac is basically a dead end street. A no outlet street is a street that has one way in and one way out but it has another finger off to the side so I think our definition is based upon our, our definition is based upon you know emergency vehicles. You know getting in and getting out of these, trying to reduce the amount of one way in and one way out access points for roadways just from emergency perspective. For police and fire. It’s also better for just our regular services to the neighbors as well. Kate Aanenson: If I may Paul. Paul Oehme: Yep. Kate Aanenson: The City Attorney did receive a letter from the applicant’s attorney giving their interpretation of how we should interpretate our code so that’s part of the record so. Mayor Laufenburger: And has our attorney weighed in on that? Roger Knutson: I concur with the staff’s interpretation of it. Mayor Laufenburger: So, and the staff’s interpretation is that the beginning of a cul-de-sac begins at Minnewashta as opposed to the corner of Stratford and. Roger Knutson: Correct. Kate Aanenson: Correct. Chanhassen City Council – October 22, 2018 24 Mayor Laufenburger: Alright. Paul Oehme: So again it’s for the perspective of travel time. Response to emergency routes. The nearest access points so basically the access point, you have two access points that you’d have you know north and south of Minnewashta instead of you know up here you’re just, you’re limited if there’d be an accident over here or some other blockage of road and you don’t have another access point so that’s why the code reads as 800 foot length for a cul-de-sac road. And again so if a cul-de-sac would be extended up a little farther it would be longer than 800 feet. We’re estimating I don’t know 1,100 feet or something so it would be a variance to extend that road in the future. So these are conceptual layouts of potentially how to service properties. The properties to the south of the development in question. These were produced by the property owner to the south and staff did look at other options as well too and have laid out a few options so this layout does show a 60 foot wide road which you know staff is comfortable with a variance down to 50 feet so that gives the developer a little bit more wiggle room to play with as well but we are looking at a cul-de-sac and less than 800 feet. This alignment, this layout does lend itself better to future development on these two parcels just because of the existing grades that are out there today. It also gives us more opportunity to manage the stormwater on site. Likewise again this another option for this is a 5 lot subdivision here and just kind of showing illustratively the cul-de-sac layout as well. Mayor Laufenburger: Mr. Oehme this is a concept from the, not from the property owner on the top stripe but from the second stripe, is that correct? Paul Oehme: Correct. Mayor Laufenburger: And the property owner of the top stripe, Lake West, have they seen this? Kate Aanenson: Yes. Mayor Laufenburger: And have they commented on this at all? Well we’ll hear from them later. Kate Aanenson: Yeah it’s their preference not to connect. Mayor Laufenburger: Yeah we’ll hear from them later. Kate Aanenson: Make the connection. Mayor Laufenburger: And SWM means stormwater management right? That blue area. Paul Oehme: Right. Chanhassen City Council – October 22, 2018 25 Mayor Laufenburger: Okay. So you’re allowing for if water, if it were necessary to treat with an excessive amount of water this is where it likely would go and this is where you need to be prepared is that correct Vanessa? Vanessa Strong: Yep that would take the entire development as shown. Mayor Laufenburger: Okay. Alright. Since the map was there I thought I’d ask that question. Todd Gerhardt: Mayor? Mayor Laufenburger: Mr. Gerhardt. Todd Gerhardt: It should be noted that the development to the north would need some additional right-of-way from the property to the south which is the shaded area. Mayor Laufenburger: Yep in order for those lot sizes to meet the shoreland overlay, okay. Kate Aanenson: Correct. Paul Oehme: So again so if there’s no road extended from the south off of Glendale Road and the property owner to the, just north of Stratford Ridge doesn’t want to develop but this property that’s in the middle wants to develop there are very limited options in terms of future development and having that developer, or having that property owner develop to you know it’s highest and best use so potentially there’d only be two lots that could be subdivided on that parcel. There’d still be a driveway off of Minnewashta Parkway which staff would like to eliminate and then access for Lot 2 here would be very problematic off of Country Oaks Drive as well since the right-of-way is limited there as well. So at this time I’d like to turn this over to Ms. Strong, the Water Resources Coordinator to talk about stormwater management. Vanessa Strong: Thank you. You know every development we look at has to meet the same basic requirements for regulating stormwater but every development is a little different depending upon certain site constraints. For this particular development there were 5 kind of highlight areas that we really focused our attention on and those were based upon the topography of the site. How it grades from the north to the southeast and all directly onto the property to the south. The geology of the site. You know the underlying soils and the very high water table. The size of the project. How many lots are they trying to do and then the long term function and maintenance. How are they going to take care of the stormwater for this type of development and that was really how we were focusing our review to have a more thoughtful and responsible stormwater management system that fits for the city and the developer and the community. So I’m just going to touch on each of those. Originally the developer did come in with 5 small rain gardens on the south side on the bottom of each of those lots. Staff was concerned that the emergency overflows did not meet city code as well as how were they going to maintain each of those. Staff had different discussions with the developer and on October 11th the developer did Chanhassen City Council – October 22, 2018 26 respond to staff’s comments and direction and came in with a pond on the southeast corner of Lot 5 with a swale to capture the stormwater and direct it all into that area and that creates an emergency overflow that does meet city code. There is one emergency overflow only. That goes to the property directly to the south and staff still wants them to work with that property owner to make sure that that route doesn’t impact their driveway but staff is more supportive of this design. The applicant has said that they will provide the necessary stormwater management report and other technical pieces to prove that this can work but at the moment staff is supportive of this conceptual design at this time. You do not need to read all of this. I just wanted to highlight some of the technical things that we need to look at when we talk about soils. The gist of it is that in this area we have very highly erodible soils. We have a very high water table. We have very poorly draining clay soils which creates runoff and rate control concerns which is why we were so concerned about the impact to the property to the south. We really wanted to ensure that as this development came in it did not create stormwater flooding erosion issues to the properties to the south. Next. Operation and maintenance. This is an ongoing issue for all stormwater in the city. Under our permit to the Minnesota Pollution Control Agency we do have to make sure that all these developments have to have a way to ensure that they are being taken care of to perform for the life of the device and that’s why we really focus on an operation and maintenance plan that takes care of them permanently. There have been several issues in the city where an operation and maintenance plan was maybe placed on one property owner and it has created just so many concerns that we have moved to the concept of an HOA, and everybody loves an HOA but in this case it allows them to create a funding mechanism in perpetuity to provide to make sure that these are taken care of. Next. Placement of easements. Again these are, this is a private stormwater pond. This is just like a private driveway or private parking lot. It’s a private landscaping, well it’s a private stormwater device and so we just have to make sure that they have the easements in place so that they don’t accidently take it out. A homeowner comes in and that kind of thing so. Next. And then the last key piece is that there are several jurisdictional agencies involved. The DNR was one of them. In this case Minnehaha Creek Watershed District does have it’s own permitting process that they will need to go through and so final approval and release of permits will depend upon their release of approval and permits as well and those are the big key items that we looked at for stormwater. Paul Oehme: Well I think that’s all that the staff has at this time. Kate Aanenson: Yeah so just for the motion then, the staff’s recommending, what we had recommended to the Planning Commission is that we provide access to the property to the south so they are consistent with the city ordinances not having another additional access on a collector road so that’s what we are recommending to the City Council. We believe that the lot lines can be adjusted and with a 50 foot right-of-way picking up the extra property from the city that the 5 lots can potentially still be achieved so we are recommending the 2.4 acres with up to 5 lots and then the outlot which is that remnant piece and then the variance for the 50 foot right-of-way and Findings of Fact are in your staff report and those are based on the plans received August 28, 2018 so again that would be providing a public street to the south. Chanhassen City Council – October 22, 2018 27 Mayor Laufenburger: Okay. Ms. Aanenson would you do me a favor when you are, whoever has access to it. Could you bring up the concept plan which shows the presence of a 50 foot right-of-way. Can you, I think somebody, was it one from. There. Okay. So this is, this shows a specific location but city staff is not suggesting that this has to be the precise location, is that correct? Paul Oehme: That’s correct. I mean we have some flexibility here. Mayor Laufenburger: Okay. And so this is what came out of the Planning Commission is that correct? Kate Aanenson: The Planning Commission, again there was some ambiguity about the interpretation of variance and that staff was wrong. There’s some ambiguity about the developer saying we interpret the length of a cul-de-sac wrong so now I think we’ve got better legal opinions on both of those but the Planning Commission didn’t require the stub to the south. Mayor Laufenburger: Okay. Kate Aanenson: So we’re going back to our original recommendation. Mayor Laufenburger: Alright. So as it stands right now staff is recommending to the City Council to approve up to 5 lots on this property, this top stripe and included in that is a 50 foot right-of-way location which to be determined later. Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. Now this does not require a public hearing is that correct Ms. Aanenson? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay but I think that if the council may want to hear from both the applicant and also from the adjoining property owners so let’s first begin with council members. Do you have any questions of staff regarding what you, what’s been presented either in the packet that you’ve had an opportunity to see or from, to staff based on what you’ve heard this evening. Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan, go ahead. Councilwoman Ryan: A follow up to your question. Chanhassen City Council – October 22, 2018 28 Mayor Laufenburger: Yeah. Councilwoman Ryan: So what is the staff recommendation? Are you recommending one of these plans or just the 50 foot? Kate Aanenson: We’re saying, if you look at what the applicant is proposing there’s no right-of- way going to the south. Councilwoman Ryan: Right. Kate Aanenson: We’re saying you’re landlocking two pieces to the south. Councilwoman Ryan: Correct. Kate Aanenson: And so we’re saying if you can get 5 lots to provide the right-of-way with the variance of 50 feet then you can do that. If you can only get 4 lots then that’s what it is but you have to provide access to the south. However that fits in there there’s flexibility on that. So whether it’s that 50 foot right-of-way comes in here and how that works out. Councilwoman Ryan: But you’re suggesting having it come off Glendale Drive? Kate Aanenson: Correct. It could come off from the south. I think it’s a little bit more challenging as the City Engineer said. It gets to be a little bit longer cul-de-sac. There’s some grade changes there so I think it’s probably more expedient to come from the north. Todd Gerhardt: Mayor, council members. Mayor Laufenburger: Mr. Gerhardt go ahead. Todd Gerhardt: If I can add. Paul do you want to show Concept 1? Okay Concept 1, Mr. Ryan. Mayor Laufenburger: Who is with Lake West. Todd Gerhardt: Right. Loses a lot based on this concept and so we looked at Concept 2 and he still has the 5 lots but he needs to acquire some additional land from the property owner to the south to make Lots 1 and 2 to the same size. So that’s the difficulty he’s having with this… changes of the cul-de-sac coming in. Councilwoman Ryan: And what is the feedback from the properties to the south about? Mayor Laufenburger: Well let’s, we’ll hear from… Chanhassen City Council – October 22, 2018 29 Todd Gerhardt: Yeah the property owners that comes off of Stratford do not want the cul-de-sac extended to the north. Mayor Laufenburger: But I think you’re referring to the two adjacent properties. Councilwoman Ryan: Yeah but we can wait. Kate Aanenson: Yeah they want access. Mayor Laufenburger: Okay. So I, this thing called Concept 2 is, this is in line with the staff’s recommendation and of course council we can modify that if we choose but the recommendation is for that top property, which is not outlined in red but the property right above it, be allowed to be subdivided into, up to 5 lots with a 50 foot right-of-way and that 50 right-of-way specifically is there to provide access to the Boylan property which is immediately south and the Kertson property which is just south of that so. Todd Gerhardt: That’s correct. Mayor Laufenburger: That’s the picture of what the staff’s recommendation. So is there any questions of staff? Okay. I’d like to invite the applicant up here. I expect that he or she would like to speak to us. If you wouldn’t mind just going to the podium. I hope this isn’t catching you off guard. Just state your name and address please. Curt Fretham: Good evening. Good evening, my name’s Curt Fretham with Lake West Development, 14525 Highway 7, Minnetonka, Minnesota. Mayor Laufenburger: Welcome Mr. Fretham, nice to have you here. Curt Fretham: Thank you. Where do I start? There was certainly a bit of confusion on our part. I’ve been developing property mostly in the western suburbs for the last 20 plus years, if this overhead is working. Mayor Laufenburger: Nann are you able to scope in on that? Oh there it is. I think we’re going to get there. Just give us a second. We were experiencing a little bit of technical difficulty earlier. We’re going to find out if we can get. Are you depicting areas where you’ve developed in the past Mr. Fretham, is that what you want to show us? Curt Fretham: Yeah. What I was showing here was, it’s helpful to show it versus talk about it. Mayor Laufenburger: Well let’s give her just a second to see if she can scope, zoom that in. Okay we’re making some progress here. Todd Gerhardt: There we go. Chanhassen City Council – October 22, 2018 30 Curt Fretham: Thank you. Mayor Laufenburger: Okay if you can just focus it there Nann. Okay Mr. Fretham. Curt Fretham: I’ve worked in 18 cities here in the western suburbs and I haven’t updated this in over a year. We’ve done over 60 developments. Residential developments. They’re typically about this size. Around 5 lots. I specialize on infill developments and I’m going to tell you more often than not they require a variance or multiple variances so I’m used to dealing with the controversial developments. A lot of discussion about should a variance or variances be approved. Where should the street come in? How should it be developed? So many questions. This one, what really puzzles me is we’ve got a straight forward application for 5 single family homes with a non-conforming plat. In other words we don’t need one single variance to development Concept 1 that was on the screen. Yet what’s confusing to me is we’ve got a staff recommendation. Well wait a minute, let me step back. After the Planning Commission voted to approve our 5 lot development as proposed without a variance, made that recommendation to you. Staff is still coming back to you and in the report it’s wrong. It says that they approved or recommended approval with the variance and I just had my team queue up the recording so if you’d like I can play it right here. Mayor Laufenburger: So you should give us what your interpretation of what you heard Mr. Fretham. Curt Fretham: And I think all these people heard the same thing. There was nothing in the, in their recommendation for a right-of-way of any kind or a variance of any kind. We didn’t ask for a variance. We don’t need one. And so I’m coming here tonight trying to stay positive that you as a council will approve what we’ve submitted as a conforming plat, 5 lots. We, it was commented here from your staff moments ago that, that the development cannot, oh let’s see. The words were, the development cannot, I lost my train of thought on that. Be a detriment to the other property and so our development as proposed, I’m not, how are we being a detriment to the other property? We’ve shown how they can develop their property from the south without the use or need for granting a variance. Why are we trying to come up with such a convoluted proposal for a 5 lot development that requires multiple variances and is a detriment to our development. And I’m not going to go into, I’m going to save it for these guys if you want to hear of our debate on the problems and challenges with alternates 2 through whatever number you want to call it because I’ve been in the business long enough. We looked at lots of layouts on how to do it before we submitted what we did. I didn’t go out and buy that property after doing this some 60 plus times with the idea that well, we’ll just defer from city code and make things up as we go and come up with a convoluted type of proposal for you to consider. Mayor Laufenburger: So Mr. Fretham what you’re, it sounds like what you’re advocating for is, you want a simple subdivision of this property into 5 lots and you’re not asking for any variances. Chanhassen City Council – October 22, 2018 31 Curt Fretham: That is correct. Mayor Laufenburger: And you believe that based on what you’re applying for and I think based on what you heard the Planning Commission say you believe that you should be able to develop your lot with those 5, your plat with those 5 lots. Curt Fretham: We know that. Mayor Laufenburger: Okay, alright. You mentioned these developments. Do you take these from here all the way through to completion Mr. Fretham? Curt Fretham: Yeah take them through to, we plat them. Mayor Laufenburger: Yeah. Curt Fretham: I don’t usually build the houses so I work with a lot of builders and bring in builders to build the homes but I put in the streets. The utilities. Mayor Laufenburger: Will you make them buildable? Curt Fretham: Buildable ready. Mayor Laufenburger: Shovel ready. Curt Fretham: Yep. Mayor Laufenburger: Okay. Curt Fretham: Building permit ready. Mayor Laufenburger: Okay, alright. Alright is there anything else you wanted to say Mr. Fretham? I’m not limiting you on any time. Curt Fretham: I’m going to turn the floor over to Perry from my office and. Mayor Laufenburger: Okay. Introduce yourself please. Perry Ryan: Good evening Mr. Mayor, City Council and staff. Perry Ryan, Lake West Development, 14525 Highway 7 in Minnetonka. Mayor Laufenburger: And your role in the organization Mr. Ryan? Chanhassen City Council – October 22, 2018 32 Perry Ryan: Vice President. Mayor Laufenburger: Okay. Perry Ryan: Yep. What you’re going to hear when you, I don’t know who may have listened to the recording that Mr. Fretham wanted to play for you, what we heard and we went back and read it again. Or listened to it again from the Planning Commission was the Planning Commission approved the project but they struck out every condition that had to do with a through street and every condition that had to do a stubbing utilities to the south because they didn’t want that. Okay so that’s what they approved and passed onto you guys. And I don’t know that I heard that in all of the staff speaking but I wanted to tell you that fairly and squarely. Mayor Laufenburger: Okay. Perry Ryan: We did, our attorney did submit to Mr. Knutson this afternoon our read on the definition of the cul-de-sac and I think it’s, I know he’s siding with staff but I think it’s good for the City Council to read that. I’m going to talk. Mayor Laufenburger: And this is relevant? Tell me why. Perry Ryan: Oh it sure is. Well because we’re going to show you what it exactly says in here and you guys should read it too and I understand that you want your attorney’s opinion and then we’ll go through it with about 6 or 8 cul-de-sacs within a half mile as well. Mayor Laufenburger: Okay. Perry Ryan: If you can leave that zoom I think right where it is. This is in the letter, this is the cul-de-sac definition. I’m not sure if you can zoom in there just a little bit more. Mayor Laufenburger: This is from Chanhassen City Code? Perry Ryan: Yes it is, yeah. This is right from the letter that our attorney sent to Mr. Knutson and it’s right from city code I think verbatim. Correct me if I’m wrong Mr. Knutson. That’s good. Good. It says the length of a cul-de-sac shall be measured from the intersection of the cul-de-sac from the street’s center line to the center point of the cul-de-sac turnaround radius. This is the critical point. The maximum length of a street terminating in a cul-de-sac shall be 800 feet. We would contend that our cul-de-sac, not our cul-de-sac but the cul-de-sac to the south because we were asked by staff to put together this ghost plat. Mayor Laufenburger: Right. Perry Ryan: And so we would contend that Stratford Ridge ends at Stratford Boulevard and the city staff, I’m not sure exactly who it was said in the staff report that it was engineering and then Chanhassen City Council – October 22, 2018 33 it was said it was the fire department and I talked to the wrong Don today. I talked to the Chief and not the Marshal so I’m not sure which one of them concurred that this was too long but here’s what I want to show you. Maybe you can zoom there and I’m going to, Mr. Eggert would you pass out, I’m going to look at two different things. The first one is, if you want to zoom back out. I’m not sure who’s in charge of the zoom. Mayor Laufenburger: Are we about to look at what you’re seeing on the screen? Perry Ryan: Yeah, yes exactly. Yeah I just wanted to give you a copy. Zoom in just a little bit more please. Thank you so much. That’s good. So we think we’re reading the city code pretty literal. That it says that the length of the cul-de-sac shall be to the street center line and so just for discussion purposes let’s say it’s defined as staff was looking at it. Meaning in our case defined from Stratford Ridge all the way out to Minnewashta Parkway okay. So this first sheet shows 1, 2, 3, 4, 5, 6 different cul-de-sacs within the city within a quarter mile of the project. Turn to the second sheet. What this sheet shows is again I won’t say our’s but Stratford Ridge, the one in purple is showing the, what we think is the clear reading of the interpretation. That from the center point of the cul-de-sac at Stratford Ridge to Stratford Boulevard that is 335 feet. In green it’s showing the 782 feet which matches what staff is saying all the way out to Minnewashta Parkway so just a fair kind of look at, how we look at it and how the staff looks at it. So the next one is Stratford Ridge with 175 foot extension. Just to let you know the ghost plat that we showed shows 175 foot extension on Stratford Ridge and I’m going to go through that a little bit as well and show that. We believe from the strict interpretation of the ordinance would be 510 feet. And the way the staff would read it would be 957 feet. Again the distance out to Minnewashta Parkway. Okay so go through and I won’t belabor you on the rest of these but we went through Minnewashta Creek 2nd Addition at 1,000 feet and we’ll just go with the staff’s interpretation because that’s what we’re comparing to. Minnewashta Landings is at 1,328 feet without a variance I might add. Hidden Creek Meadows is 1,660 feet. It’s also without a variance too because I worked on that 10 years ago. Red Cedar Point is 1,908 feet and then Oaks at Minnewashta is 2,112 feet. That’s when you calculate the distance from the center of that cul- de-sac to Minnewashta Parkway using the same criteria that staff, I won’t say the City. It was engineering and fire department is what the report said. So that’s for consideration. We do not believe that number one, as Mr. Fretham pointed out, we have before you a 5 lot subdivision asking for no variances. But the variance discussion keeps coming up from staff in reports. We are not asking for a variance. That variance is for what they want to do and putting a roadway through our project. We are not asking for a variance. I want to be crystal clear on that. Over and over I see staff recommending approval for a variance. We don’t want a variance. Mayor Laufenburger: Right. Perry Ryan: We don’t think we need one so I just want to be crystal clear on that. Mayor Laufenburger: And just, and just to say it a different way Mr. Ryan, you don’t need a variance on your 5 lot. Chanhassen City Council – October 22, 2018 34 Perry Ryan: We do not need a variance in there. Mayor Laufenburger: And staff’s recommendation is allow the 50 foot variance to protect the properties to the south. Perry Ryan: Yeah. Mayor Laufenburger: Okay, alright. Perry Ryan: Okay I’m going to show you one more thing. I promise I’ll try not to be up here. Did you pass this around too Mr. Eggert? Thank you. So this is the next one. You might have to zoom out on this one a little bit. Not too much. Little more please. That’s good probably right there, thank you so much. Okay, yeah. Perfect. Perfect. So this is the ghost plat on the left that we submitted. Staff requested that we put this together to put together a conforming plat on the south side. As you no doubt know, or maybe you don’t know. I’ll point it out. Stratford Ridge has a right-of-way to, up to the south property. Excuse me, to the Kertson’s property. And again I’m showing that 175 foot connection that we are saying this conforming layout would have for the extension of that. So the other thing that’s kind of interesting, and we’ll get to it as we read this. We’re proposing 175 foot extension of that and this Concept 2 submitted by Alliant Engineering, just wanted to clarify. Mr. Mayor I know you asked if we had seen this before. Mayor Laufenburger: Yep. Perry Ryan: We saw it at the Planning Commission meeting for the first time and we were never given a copy of it until we saw this in the staff report. Mayor Laufenburger: Okay. Perry Ryan: So we never had a copy of it until I got the staff report. Mayor Laufenburger: But you’ve done some work as a result of that is that correct? Perry Ryan: Yes sir. Mayor Laufenburger: Because I’m looking at something that’s your work right? Perry Ryan: Yes this is our work, yes thank you. Mayor Laufenburger: Yeah, thank you. Chanhassen City Council – October 22, 2018 35 Perry Ryan: So one thing I wanted to point out is, what we’re proposing coming from the south I using less pavement by 40 percent. We’re proposing this shorter cul-de-sac here is 175 feet. This Concept 2 proposes a 240 foot cul-de-sac and so which one has less pavement by 40 percent with a little X over on our side. They’re not all on our side. Just to let you know. Mayor Laufenburger: Alright. Perry Ryan: We think it’s smart planning. Somebody was smart a long time ago and put this right-of-way to there. You can say that one of the options back in 1988 showed that through street but the orientation is nothing like that. I think the neighbors to the south, I think the neighbors to the south did a very nice job in pointing out that those concepts really didn’t come to fruition. In fact they read Planning Commission members or maybe the City Council, I’m not sure read their quotes saying this is just a concept. This is how we’re doing it but somebody did a nice job and they put the right-of-way to here suggesting that the street may continue. And as I said the Planning Commission said they do not want a through street. The neighbors don’t want a through street. Everybody bought on a cul-de-sac. That’s what they want. The other thing that I put in my third point here. Using the existing services on Glendale Drive. The other bit of good planning and engineering that the City did back many years ago was on Glendale Drive. On Glendale Drive they put 6 stubs for utilities for both water and sewer so they contemplated 6 lots along there. We’re only asking for 5. So which one uses the existing services on Glendale? Our layout does. So one of the things that I’m hearing from staff that’s extremely important and I understand why is removal of driveways on Minnewashta Parkway. That’s the next bullet point. What we had proposed in the ghost plat coming from the south and what Alliant is proposing had that feature. Taking off the access. I assume they’d take away this access to the Boylan’s and have to come off the cul-de-sac. The next one, we talked about hardship. I think I really enjoyed the two comments that were made by the City Engineer Mr. Oehme. He referenced Code 18-57(A). Consider using existing planned streets. Well I think that’s what we’re doing. We’re using the planned street for Glendale with the utilities in it and we’re using this planned right-of-way to service those to the south. The other code that he mentioned which I thought was good was 18-60(F). Not cause undue hardship to your neighbor. So my next point was which one places hardship on a neighbor with double frontage lots. Well this one here. Everybody has a nice pretty typical standard layout. What the City or the neighbor to the south is proposing is to put a right-of-way through our property without asking us to and they’re giving us two double frontage lots here. And then they’re also taking 50 feet of right-of-way along Glendale Drive. It’s 50 or 60. 50 with a variance. They want to give us a variance but if it’s for a long cul-de-sac they don’t want to give us a variance. What that does, we’ve already had somebody come to us and take a look at this. These are generous lots. They’re generous for a reason. Number one because they’re within the shoreland overlay district and so they’re a maximum 25 percent hard cover. We’ve had someone come to us, they wanted the center lot and true story. They wanted the center lot. They didn’t want a double frontage lot. They wanted enough space to build a house they wanted to build and so this really, is going to definitely cause us undue hardship because I don’t know which lot we’d give them. Maybe 2 but his house isn’t going to fit on 2 so I think which plan causes undue hardship on us with double Chanhassen City Council – October 22, 2018 36 frontage lots. Concept 2 does. Which one places a hardship on the neighbor with smaller lots. I just talked about that. They’re with what they’re proposing here it’s causing us to have smaller lots. Mayor Laufenburger: You probably know this Mr. Ryan. What’s the size of the lots with the right-of-way in place? With the 50 foot right-of-way in place. Perry Ryan: I don’t know. We were not provided with that. Mayor Laufenburger: Okay, alright. Fair. Perry Ryan: I don’t know what they are. Mayor Laufenburger: What are the size of the lots without your right-of-way? Perry Ryan: They’re 15,000 to 18,000. Mayor Laufenburger: Okay so as Mr. Gerhardt has said if the right-of-way, the 50 foot right-of- way variance, if the 50 foot right-of-way is in place in order for Lots 1 and 2 to meet the minimum standard you’d have to acquire some land from the Boylan’s? Perry Ryan: Yeah and… Mayor Laufenburger: Yeah I got it. I got it. Perry Ryan: …how that happens. Mayor Laufenburger: Well they need more space if you want 5. If you want 4 you don’t need to buy, get any more space. Perry Ryan: Yeah or we just go with our conforming plat. Mayor Laufenburger: You’re making good progress here Mr. Ryan. Perry Ryan: I’m almost there. Street variance requirement. So again their layout here Concept 2, I see street variance required. Has got an X on their side but they’re requiring a variance to put that street in. Mayor Laufenburger: 50 yeah. Perry Ryan: But we don’t want it. House that setback variance required. The reason we put that is they’re showing this, this lot line coming next to our neighbors to the south. I don’t know what it comes to. It looks like it comes within 10 feet. It appears to me that that’s going to Chanhassen City Council – October 22, 2018 37 require a variance unless they’re saying the house is removed but again I can show you several emails we’ve asked to get together with staff and we’ve not been invited to look at this with them. We’d love to. Mayor Laufenburger: Your point is made Mr. Ryan, yep. Perry Ryan: Huh? Mayor Laufenburger: Your point is made that you didn’t get this until a week ago. Perry Ryan: Roadway grade change. Staff previously had said oh gosh you can’t, you can’t do this. There’s too much a grade change here between this cul-de-sac and by getting onto the property. We’re saying wait now, roadway grade change. Now they’re proposing this. You guys can count contours just like I can. It’s 14 feet of grade change from Glendale down to where this cul-de-sac is. They said coming from the south it’s too hard with an 8 foot grade change but they’re saying this one is okay traversing 14 feet. I’m not. Mayor Laufenburger: I’m not an engineer but 14 feet over a longer period of time doesn’t, wouldn’t necessarily be as strong of grade over 8 foot over a shorter. Perry Ryan: Sure, well Mr. Mayor I don’t know if you noticed but my name’s on the plans as well. I did the engineering on as well. I’m a registered engineer. Mayor Laufenburger: Yep. Perry Ryan: 8 feet over the 175 feet is not that much either so it meets the code. Mayor Laufenburger: Okay. Perry Ryan: And I don’t know that drop that whole 8 feet so. Appropriate lot allocations for south neighbors. You might wonder what are you talking about? Well if you look at our ghost plat this grade line here is the delineation between the middle property owner and the south property owner and we tried, we just did an attempt, we weren’t going to spend a lot of time on this. When asked we did do a conforming layout. Now it very closely follows that. I would contend that if I spent a little time on it I could make that work so you could have conforming with other lot lines. What I mean by appropriate lot allocation, I put this line in here that goes right down a lot line. You tell me who’s going to sit in a room and figure out which one, which lot, this property owner’s getting this lot. This one gets and who pays for this land swap. I want to know the Judge that’s going to sit and work that deal out. We just think that our layout does a much better job appropriately allocating to the south neighbors what lots get what. And I’m not sure what they’re showing here. This layout is way, this existing home on the very south lot. It looks to me like part of that house would have to be removed since there’s a lot line going through it so I think that we think that our layout’s better. I mean the two biggest things to me Chanhassen City Council – October 22, 2018 38 are 20 years ago, almost 30 years ago. Let’s see it’s ’88. 30 years ago that property to the south was developed and they put that right-of-way in there and you’ve got the right-of-way in there. You can do a very short. Mayor Laufenburger: Just to be clear, when you say the property to the south are you talking about Stratford Ridge. Perry Ryan: Yes sir. Mayor Laufenburger: Okay. Perry Ryan: The right-of-way is already into Stratford Ridge. This is the right-of-way going right to the property so they’ve got right-of-way all along this line okay. So they’ve got plenty of right-of-way that’s there. We’re not taking away their access. They have access. We’re not land locking anybody. I heard the word landlock used. I was, I was impressed by Ms. Aanenson’s comment. She said, she said that the recommendation that they’re saying to approve with 5 lots and access. She said it could come off from the south. I’m, would really only be excited about that because I think that’s where it logically should come from and I think logically we’re using the utilities within Glendale Drive so with that I stand for any questions. Mayor Laufenburger: Okay. Thank you Mr. Ryan. Perry Ryan: You’re welcomed. Mayor Laufenburger: Any questions of the developer, either Mr. Ryan or Mr. Fretham from council? Councilman McDonald: I have a question. Mayor Laufenburger: Mr. McDonald go ahead. Councilman McDonald: On Concept 2 on the property that’s, I guess that’s to the north but at the bottom that you need to add the lots 1 and 2. Have you approached the owner to the south about selling that? Perry Ryan: In the last, oh sorry. Councilman McDonald: Yep. Perry Ryan: Okay. In the last. Mayor Laufenburger: Could you just speak into the microphone. Chanhassen City Council – October 22, 2018 39 Perry Ryan: Very sorry. Mayor Laufenburger: I want to make sure we hear you. Perry Ryan: In the last 2 years Mr. Fretham, roughly in the last 2 years we’ve had 2 meetings with either them or their representative at Edina’s office in Wayzata so we have talked to them yes. Mayor Laufenburger: And what was your most recent conversation with them? Perry Ryan: I believe it was early summer. Wasn’t it, I think. I’m not exactly sure. I would have to take a look. It was after we had been moving forward. I don’t think we had closed yet. We now currently own the property so I don’t think we had closed on the property yet but it just it did, I know since we talked to them they did enter into a purchase agreement and what the realtor said it was maybe an emotional purchase agreement from the buyer’s side and so it was maybe higher than normal and it just to us it just doesn’t work out financially. I mean no matter what way you look at it you get 2 or 3 lots and it just doesn’t, it doesn’t make sense and I think where it makes sense is coming from the south. There’s less infrastructure cost and everything. Mayor Laufenburger: Okay. Mr. McDonald anything else? Councilman McDonald: Well so at this point there’s no commitment for them to even consider selling you those. Perry Ryan: Never had the conversation. Councilman McDonald: Never had the conversation. Perry Ryan: No sir. Mayor Laufenburger: Do you have any interest in the conversation? Perry Ryan: I just don’t think that any of these concepts coming from the north on Glendale are financially viable. It’s way, the parcels as a whole, those south two parcels are way more financially viable coming from the south. And we’ve done a lot of developments. Mayor Laufenburger: Right. Councilman McDonald: Okay. Mayor Laufenburger: Councilmember Tjornhom go ahead. Chanhassen City Council – October 22, 2018 40 Councilwoman Tjornhom: Can we talk about timing again? I know we have 120 days until this is supposed to be ready to go or everything has been decided but I mean we’ve just had 10 issues right here brought up to us that need to be resolved and probably more issues and so what are we looking at for timing and what are some options? Kate Aanenson: Well I think part of the discussion you’re missing is there’s some very strong feelings on the people from the south that gave their own petition, their own legal opinions on how they didn’t feel like they wanted to share the burden coming from the south. Whether or not they buy the property, there’s a lot of discussion on. I would agree the Planning Commission said we’re not going to worry about which direction it come from so they did recommend approval without any variances. The staff’s position is it’s got to come from one way or the other and that the Planning Commission felt like they didn’t want to burden it to the people on Stratford Ridge and they didn’t want to force it there so the staff’s position is you’ve got to give access somewhere. Mayor Laufenburger: Okay. Kate Aanenson: So we weighed those two positions. Mayor Laufenburger: What about the timing that Ms. Tjornhom? Kate Aanenson: I think there’s some people here from the people on the south that may want to speak so. Mayor Laufenburger: Well I think before we ask them. Kate Aanenson: I would ask the City Attorney on that because we’re at the extension of the, you know so we have a recommendation and then the 120 days ends October 27th. Councilwoman Tjornhom: Because this started, did you say in. Kate Aanenson: Yes. Mayor Laufenburger: August. Kate Aanenson: Yeah so we’ve been trying to meet with property owners. There has been some, I’m not sure we’re getting all the facts here because there’s been some you know some miscommunication on all parties. Mayor Laufenburger: Okay so it sounds like, are you not able to address Ms. Tjornhom’s questions regarding options that we have to either extend or not extend? Kate Aanenson: I would turn that over to the City Attorney. Chanhassen City Council – October 22, 2018 41 Mayor Laufenburger: Mr. Knutson. Roger Knutson: Mayor, members of the council. Mayor Laufenburger: Do you understand Councilmember Tjornhom’s question? Roger Knutson: Yes we have to act within 120 days or it’s deemed approved and that’s October 27th so unless you want to have another special council meeting or something you have to act tonight unless the developer gives you an extension of time within which to act. Mayor Laufenburger: And that really depends upon the developer’s. Roger Knutson: They can give us, give you an extension of time if they choose to. Mayor Laufenburger: Okay, alright. Okay. So that’s the answer. Councilwoman Tjornhom: Yep. Mayor Laufenburger: Any other questions of Mr. Ryan? Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Go ahead Mr. McDonald. Councilman McDonald: I’ve got a follow up to all of that. Okay I’m a little bit confused. Okay we’re given a plan that meets all the requirements for the 5 lots. Why are we designing a cul-de- sac? Isn’t that the responsibility of the property owner to the south? I don’t understand why we’re getting involved with that design to the north. Councilman McDonald: I think that may be a question of Ms. Aanenson. Kate Aanenson: So the property owner to the south wanted to position themselves to make sure that they understood what the implications of the development was so regardless of whether or not they trade properties, the staff feels there’s still an opportunity based on the lot sizes of still meeting the shoreland district they could get to the 15,000 square foot lot. Understood they want to have bigger lots. What we’re saying they may still be able to get the 15,000 with the 50 foot right-of-way. The designs to the south were drawn by the property owners on the south to show how they could be preserved to get access from that direction. Councilman McDonald: Are they here tonight? Kate Aanenson: Yes. Chanhassen City Council – October 22, 2018 42 Mayor Laufenburger: Yep. So any further questions of Mr. Ryan or Mr. Fretham at this time? While you’re here Mr. Ryan, Ms. Aanenson as I was reading the report I saw that there were some, there were some issues that were addressed and some that were not. Are you able to, in discussions with Lake West. Or have all issues been addressed? Kate Aanenson: No I would think, we went through some of the stormwater. Mayor Laufenburger: Yep and they, and Lake West submitted a revised plan which shows a berm of some sort that would direct the water over to the bottom of Lot 1, is that correct Ms. Strong? Vanessa Strong: Yes that’s basically correct. They’ve addressed the overall layout and conceptual design of how stormwater would be managed on the site. Mayor Laufenburger: But you still want substantiation that their design will work? Vanessa Strong: They still have to provide the documents that show, and they said that they would and as long as they do staff is comfortable with that. Mayor Laufenburger: Okay. Mr. Ryan did you have a comment on that? Perry Ryan: A clarification Mr. Mayor. Yeah the inference in here is that we did not give them to them but when these plans which are submitted 10-17-18 which is on the hyperlink on the staff report. Mayor Laufenburger: Yep. Perry Ryan: At the same time we submitted stormwater management plans so we did submit them. Mayor Laufenburger: Okay. Yeah, no I’m acknowledging that you did. Perry Ryan: Okay. Mayor Laufenburger: I’m just, I’m asking the folks over here if they have put their final okey dokey on them. Perry Ryan: Understand but the inference in the staff report kind of says we didn’t give it to them yet but I just wanted to clarify that. Kate Aanenson: I guess the question is did it meet city standards. There’s a lot of things that didn’t meet standards. That was the. Chanhassen City Council – October 22, 2018 43 Vanessa Strong: And it is a condition of approval that it matches. Mayor Laufenburger: Sure. Perry Ryan: You bet. Mayor Laufenburger: And they understand that. You understand the conditions of approval? Perry Ryan: Totally, yes sir. Mayor Laufenburger: I figured you did. Okay. Let’s see. Mr. Ryan, are these properties that you’re proposing, will they be part of a homeowners association? Perry Ryan: We had suggested. Mayor Laufenburger: I realize that’s not a city thing. I’m just wondering if they will. Perry Ryan: Sure, we would rather not be. We’ve done it in many other communities. Again we’ve worked in quite a few communities in the metro. We had suggested to staff because we never heard that problem with enforcing the ONM on that. We suggested to staff we’d be more than happy for our attorney and the City’s attorney to work that out on whether it has to be an HOA or simply an ONM agreement. Mayor Laufenburger: Yeah it’s just our experience that when there’s an HOA, when there’s specific responsibilities and funding for maintenance of things like that. Perry Ryan: Sure. Mayor Laufenburger: We have a better, likely a better long term relationship. Perry Ryan: I understand that totally and I’m happy with the attorney’s figuring that out. Mayor Laufenburger: Okay. And does the property that you own, this top stripe, does that property currently have access to Lake Minnewashta and is that important? Perry Ryan: It is part of the Pleasant Acres HOA. Mayor Laufenburger: Oh so it is part of the HOA? Perry Ryan: Yes sir. Yes. Chanhassen City Council – October 22, 2018 44 Mayor Laufenburger: Oh, okay. Okay I think that answers my question that you, so these 5 properties would become part of the Pleasant Acres HOA. Perry Ryan: We area already part of it yes. Mayor Laufenburger: You are part of it. Would these 5 lots be part of it? Perry Ryan: Yes, yes. Yes. Yes. Mayor Laufenburger: Okay. Perry Ryan: Yep we’ve already paid the dues and been accepted. Mayor Laufenburger: Okay, alright. Mr. Ryan we may need to call you back but I think I’d like to hear from some other property owners. Perry Ryan: Be happy to, thank you so much. Mayor Laufenburger: Alright. Thank you very much and Mr. Fretham, thank you for your investment and willing to invest in our community. I think we’d like to hear from the property owners to the south and I think that would be the Boylan or Kertson, and actually we have a, just a moment here. We have an email from Mr. Kertson. Is Mr. Kertson with us tonight? Jeff Kertson: I am. Mayor Laufenburger: Oh okay, alright. So let’s hear from, draw straws if you want. Is the Boylan representative here and the Kertson representative here, so whoever wants to speak first? And I realize this is not a public hearing but I think the council is interested in hearing your perspective. Identify yourself and your address please. Carin Moore: Good evening Mayor, council members, staff. My name is Carin Moore and I am the personal representative of the Estate of James and Ruth Boylan who are my parents that are deceased. We are the property owners at 6760 Minnewashta Parkway. Mayor Laufenburger: Is that the address that you reside at too Carin? Carin Moore: No it is not. Mayor Laufenburger: Would you mind giving us your address? Carin Moore: I’d be happy to. 3480 Lakeside Drive, Minnetrista. Mayor Laufenburger: Okay. Ms. Moore, go ahead. Chanhassen City Council – October 22, 2018 45 Carin Moore: I first want to address that I did send a letter last week as well just following up on last meeting. I’m just hoping that everybody did receive that. Mayor Laufenburger: That was part of the packet, yep. Carin Moore: Wonderful. Mayor Laufenburger: Both your October 2nd letter and also the October 16th or whatever date that was. Carin Moore: Wonderful. Well I’m going to assume that you have listened. Read all the details so I don’t want to waste time. I don’t want to repeat myself. I don’t want to have us be here until 10:00 at night either because I respect everybody’s time but I do have a few points that I also want to mention. I am not an engineer. When the City’s tasked me to come up with concepts. Other ideas. I reached out to another engineering firm and asked for just that. All of those designs that you’ve seen, Concept 1, 2, 3, 4, none were done with specific dimensions. None were done with understanding there was a 50 foot variance instead of a 60 foot so that’s why you see the 60 foot right-of-way there because that’s standard. Any direction. Basically for us we just want to know how to subdivide our property. That’s basically it. When I went to the City planner about 8 years ago and reached out to them and I think it’s Concept 2 potentially that, or maybe 4 even. The one where it just split our property in half. Front to back and I was told then that the concept of adding a road inbetween all 3 properties was in the plan. In the plan for the city and that a subdivision splitting our property in half and having access to Country Oaks really wasn’t going to be an option. It would take a lot of work and variances to be able to get us access because as you can see there’s city owned property. There’s neighbors back there. We’re technically, we don’t have any access to that west road okay. Mayor Laufenburger: Right. Carin Moore: I did petition originally to say okay give us that little sliver if just to help that process if you were going to give us access on the back side. The planning group says you know it should really go to the property to the south. Actually that’s good friends of our’s. The Dorsey’s. I agree with that. I think it makes the most sense layout wise but again it’s not my call. I just pulled something out of there to say if we wanted to have access, if we don’t want to cut a road into the property to the north or from Stratford that’s the other option. If the City wants to limit access to the parkway how are we going to do that? I’m looking at you to help me because we are in the process of trying to sell our property. Not because we don’t love it there. We love this property but just because of the unfortunate circumstances that have hit our family in the last 2 years. Our neighbors to the south we worked together. We are on the same page. We want the best for each other but again the Kertson’s are focused on the Kertson’s. The Boylan’s family are focused on the Boylan’s. When we talked with Stratford they had a big problem with any through street. The concept of having a cul-de-sac, if that’s the best option Chanhassen City Council – October 22, 2018 46 from Stratford and there are no problems with health and safety and with what the rules are today for cul-de-sacs we’re not opposed to that. We never said we were opposed to that. We’re just trying to have the best option for everyone. The one thing I do want to point out with our two properties that hasn’t been really mentioned is we do have a pretty substantial a lot of lakeshore as well. Included into our property we have 187 feet of lakeshore. Almost about a half an acre of property. Mayor Laufenburger: Is that clearly delineated? Carin Moore: Yep. Mayor Laufenburger: Okay. Carin Moore: Right, right above that pointer is our’s, yep. Mayor Laufenburger: So this is your lakeshore access. Carin Moore: Correct. Mayor Laufenburger: And one just below that is the Kertson’s lakeshore access. Carin Moore: Correct. Mayor Laufenburger: Okay. So the one above you. Carin Moore: Is Pleasant Acres. That’s the HOA. Mayor Laufenburger: So that’s the homeowners association. Carin Moore: Yes. Mayor Laufenburger: To which Mr. Ryan’s belongs. Carin Moore: Correct, yep. Mayor Laufenburger: Alright. Carin Moore: And that actually I know just because we were working on some relationships with them right now is it’s grandfathered in. It’s not to the current regulation sized for an association anymore. Mayor Laufenburger: Okay. Chanhassen City Council – October 22, 2018 47 Carin Moore: So actually our property is actually not big enough for an association either so if we were to create an association out of our property we would have to combine or get 11 feet, or 13 feet, give or take, from the Kertson’s to be able to have our property become the regulated size for an association lakeshore today. Mayor Laufenburger: Or the council could grant. Carin Moore: A variance on that. Mayor Laufenburger: Right. Carin Moore: Correct, yep. So we’re just really here to kind of talk about, we’re willing to work. We want to work. We have bid out. I’m not into any he said, she said. However I can say my father passed away in April of 2017. My first discussion with Lake West was in May of this year so 2 years, unless my parents were talking with them we have no concept of that and we have never talked about any value. Nobody has ever placed any offers to us or given us any negotiation. It was pure discussion and that was it. Mayor Laufenburger: So you have, you’ve no sales or purchase agreement? Carin Moore: No. We had a buyer. A personal buyer. Mayor Laufenburger: Came by. Carin Moore: That came by and they backed out for personal reasons as well. Mayor Laufenburger: Okay. Carin Moore: Which is the way it is right? And just really quickly too. The detriment basically, and I think I may have already mentioned this so I apologize if I am repeating myself but the City doesn’t way a parkway access so if we don’t have a cul-de-sac and we don’t have a road that becomes a detriment to us because now what do we do? We don’t have access to the back. Mayor Laufenburger: Helicopter pad. Helicopter pad maybe. Carin Moore: Yeah well I mean if somebody else is willing to cover that, that’s fantastic but that’s what we’re talking about here. I’m not looking at it, I appreciate the efforts made that, with eliminating the rain gardens because that was a huge concern for us and the drainage and as long as the city engineer says it’s good, we are ecstatic about that and we want to work with anybody on that to make sure that our property stays the way it is. Obviously I do also want to point out any concept would be removing the current houses that are on the property so if you see a property line. Chanhassen City Council – October 22, 2018 48 Mayor Laufenburger: On your property. Carin Moore: And the Kertson’s potentially yes. Mayor Laufenburger: Okay. Carin Moore: If there’s a line through a property it was done in the understanding it would be cleared and those property lines would be created so obviously again I’m not an engineer but it wasn’t done just frivolously either. We had that thought in our head. Mayor Laufenburger: So thank you Carin, or Ms. Moore. Council any questions of Ms. Moore? Mr. Campion go ahead. Councilman Campion: Just a clarifying question. So Ms. Moore you stated that you’re comfortable with a cul-de-sac coming from the south. Carin Moore: It’s, I’m comfortable with what works best for the properties. Councilman Campion: Okay. Carin Moore: What I, my understanding was with the grading, and again not an engineer but what I heard through these meetings is that the grading coming off of Stratford, if you actually went out there you can, there is a ledge and Jeff and Terry’s lot there is a ledge on that cul-de-sac dropping into their lot so there would be a lot of fill to be able to do the grade the way that it’s required, again my understanding. That cul-de-sac would not, that is being proposed would not reach that proper grading. That’s what I understood it to. If that does reach proper grading fine but I know that the families in Stratford aren’t really thrilled about that option so that’s now other people that have opinions about that too. Councilman Campion: Okay. Carin Moore: Does that, did I answer your question? Councilman Campion: It does thank you. Carin Moore: Okay. Mayor Laufenburger: I’ve seen that property. It would have to be graded in some regard. Right now you know when you go to the end of the cul-de-sac you kind of push, part the ways like the Lion and the Witch and the Wardrobe did you know to get into Narnia. Carin Moore: Yep. Chanhassen City Council – October 22, 2018 49 Mayor Laufenburger: It is deep. Carin Moore: There’s a little over growth. Mayor Laufenburger: But I like you I’m also not an engineer and maybe it, my guess is it could be built there. Okay. Anything more of Ms. Moore? At this time. Alright. Thank you. We reserve the right to recall you though. Carin Moore: Great, thank you. Thank you for your time. Mayor Laufenburger: How about Mr. or Ms. Kertson? A representative from the Kertson property. State your name and address. Jeff Kertson: Mr. Mayor, City Council. My name’s Jeff Kertson. 6810 Minnewashta Parkway. Just to the south of the Boylan property there. Mayor Laufenburger: Is that your homestead Mr. Kertson? Jeff Kertson: That is our homestead there. Mayor Laufenburger: Okay, alright. Jeff Kertson: So really Carin has addressed most of the issues that we’ve talked about in terms of some of the, what we would feel undue hardships on, you know on some things in terms of getting access to our property. The other part of it is, is really you know the City really doesn’t want us to have access to the parkway any longer. Understandably for traffic and you know safety reasons so that really, that coming off of the eastern side really would not work because we don’t want to have that. That’s also partially a blind corner. People come racing around that road and if you had 5 houses dumping out onto Minnewashta Parkway it might be a bit of an issue. Coming from the west side from Country Oaks Drive is also not a very viable option. In terms of what the property is they’d have to give up some property. Dorsey’s would actually probably have to give up some property so we don’t know that that’s necessarily a great option either. So really when we take a look at it we’re looking at either coming from the north or the south and again I would agree with Carin. I mean we’re here just to work with people and try to be good neighbors and she’s looking out for us and we’re looking out for her and I think that’s kind of the way that it needs to be. And just like I’m looking out for the people from Stratford Ridge, I know what their concern is in terms of extending that cul-de-sac and having more traffic you know come through there and that’s a concern with the kids and everything else. I mean they like to have their neighborhood the way it is and have it safe and everything else and if you add 5 more houses to it is that going to be you know a traffic issue so we can you know, I can see all points involved. We just want to make sure that whatever is decided that you know, that we’re part of the decision in terms of now where do we end up. Now what do we do? I mean if somebody does something it’s like okay well, now I’m kind of stuck. Not only has it become Chanhassen City Council – October 22, 2018 50 undue hardship but now to actually devalue our property by making it landlocked and kind of a mess. Mayor Laufenburger: Mr. Kertson how long have you been on your property? Jeff Kertson: Since 1986. The house has been in our family’s name since 1924. Mayor Laufenburger: Wow, century house almost. Jeff Kertson: Well and just along with our neighbors we’ve been, that property has been in their family for over 100 years also. Mayor Laufenburger: Do you, are you actively working to sell your property to? Jeff Kertson: Not at this time but. Mayor Laufenburger: You don’t have a precipitating event that says you need to get to Hawaii. Jeff Kertson: No but I need to be you know, I need to be intelligent and smart about things and if there’s a viable, reasonable option to things I would be foolish not to at least you know consider them. Mayor Laufenburger: Okay. Have, Mr. Kertson have you had any conversations with the Lake West Development Group? Jeff Kertson: Just in passing. Curt had stopped by at one point in time and I, we spoke briefly an I did mention that you know at any point in time if there’s a reasonable offer out there that you know we’d consider things but it was very light and not a, not a firm discussion. Mayor Laufenburger: Okay good. Any questions of Mr. Kertson from the council? Councilman McDonald: I’ve got a question. Mayor Laufenburger: Go ahead Mr. McDonald. Councilman McDonald: From the south if we look at this cul-de-sac, give me a feeling what is the land like? What kind of elevation differences or anything like that? Jeff Kertson: It’s at least 8 feet. So the cul-de-sac is here. As I’m standing on my property it’s here and it’s a drop within a distance of probably 6 feet where it drops down. It drops off fairly suddenly. When they came in, when Stratford Ridge came in with their development they came in and essentially excavated to the, excavated to that point and that was it. So there was a lot of, not only by the cul-de-sac but back behind that there’s a fair amount of drop. Chanhassen City Council – October 22, 2018 51 Councilman McDonald: Okay without being a engineer I really can’t ask you the question I really want to but I guess you’re not opposed, I mean as far as you can tell if the cul-de-sac were to extend from the south you haven’t heard anything that would say that would hurt your property as far as being able to sell it? Jeff Kertson: Well not necessarily. In order for the, I would tell you this. In order for that cul- de-sac to come from the south and in that short of an area at 125 or 100 feet from side to side on the lot or north to south, you’re talking about a fair amount of fill. You’re talking about a lot of excavating that would need to be done and also if you were to include that because of the change in elevation. We, our property essentially is the low point from that area. The elevation in the Glendale subdivision area is at about 980, 975, somewhere in that range. Whereas the elevation on our property at our low point is 960. So you’re talking about a 25, well about a 20 foot, 25 foot drop from the top of their property down to the bottom of our’s. Councilman McDonald: Okay thank you. Mayor Laufenburger: Mr. Kertson what’s the size of your property? How many acres? Jeff Kertson: It’s 1.3 acres. And we have about 125 feet of lakeshore. Mayor Laufenburger: So your property which is the lakeshore property directly east, the line, the north, the northern boundary of your lot property and the bottom, southern boundary, that just goes right over to the lake. Jeff Kertson: Correct. Mayor Laufenburger: And you have access there? You have like a road or something that you actually. Jeff Kertson: We actually access across the Boylan’s property. Mayor Laufenburger: Okay. Jeff Kertson: We drive down the association beach’s road or association and Boylan’s all share access to that road and then we actually you can somewhat see that there’s a white line and that’s actually a driveway or road that we put in in conjunction with Jim. Jim Boylan to have access to our property. We also have steps to get down but. Mayor Laufenburger: You can walk. Jeff Kertson: We can walk to if we need to but it’s awfully convenient to be able to drive down there. Chanhassen City Council – October 22, 2018 52 Mayor Laufenburger: Okay alright. Well thank you Mr. Kertson. Appreciate your comments. Jeff Kertson: Thank you. Mayor Laufenburger: I’m glad you, I assume you’re enjoying Chanhassen right? Jeff Kertson: Yes. Mayor Laufenburger: 32 years. 34 years as a matter of fact. Let’s bring it back to council for any questions or comments and you can direct those questions to staff or to, or to any of the property owners that have met. Maybe I should ask first. Is there any clarification that Mr. Oehme, Ms. Strong or Ms. Aanenson want to provide? Kate Aanenson: I would just add that from the Minutes there’s a lot of strong feelings from the people on Stratford regarding the connection. Just because they’re not, you haven’t heard that voice so if you read the Minutes there was a lot of comments and that’s where the legal opinion came in and so there was a lot of feelings on that. Mayor Laufenburger: Right and we, I think we all understand that people are in a cul-de-sac. They want to keep it that way. I mean we have other examples of that. Go ahead Ms. Strong. Vanessa Strong: …in listening to the conversation about extending the cul-de-sac, and folks were discussing the fill because of the grade change. I wasn’t able to pull it up in time but there is no guarantee because of shoreland regulations and floodplain regulations that you could fill in that area or what the cost or mitigation repercussions might be so that would definitely be something to, that would have to be looked into. It’s not as simple as just being able to fill outside those areas. Mayor Laufenburger: Just because, just because you think it can doesn’t mean that you can. Vanessa Strong: Because of where it happens to be within. Mayor Laufenburger: In the shoreland district. Vanessa Strong: In the regulatory zones yeah. Mayor Laufenburger: Okay. Who would have governing authority over that Ms. Strong? Vanessa Strong: Well the DNR will have a lot to say about that. The watershed district also has their own rules. Mayor Laufenburger: Okay. We’ve got 5 days Bethany. Chanhassen City Council – October 22, 2018 53 Councilwoman Tjornhom: Unless we get an extension. David Lieser: Mr. Mayor? Will we have an opportunity? Mayor Laufenburger: And you represent? David Lieser: The Stratford Ridge. Mayor Laufenburger: Oh absolutely. My, please. Come up here. Thank you for asking. State your name please. David Lieser: My name is David Lieser. I live at 3881 Stratford Ridge. Mayor Laufenburger: Okay. David Lieser: Lived there since 1997. The obvious thing that bothers us is that every one of the 15 families in the Stratford Ridge neighborhood and homeowners association, none of them have ever had any knowledge that there was a plan in the background with the City of Chanhassen to make our street into a through street up to Leslee Lane or anything of the sort. There’s nothing in any of the title documents that led any of our attorneys to warn us about that possibility or anything of the sort and certainly the topography there is such that no one would have expected that anybody would want to build a roller coaster street from the end of our cul-de-sac to anywhere else in that area, let alone all the way up to Leslee Curve. We’re a little surprised that the City is pushing so hard on it. The planning staff because it doesn’t seem to make sense to anybody that we talked to, to destroy our double cul-de-sac to perhaps give a different approach to getting onto Minnewashta Parkway from other areas. Whether it’s from the Leslee Curve or Country Oaks, and there isn’t, it will not reduce traffic to Minnewashta Parkway. The one thing that hasn’t been discussed here is the fact that both the Boylan’s and the Kertson’s currently have access to Minnewashta Parkway. Now I know they’re, they feel under threat because they’ve been told by staff that they want to get rid of their entry onto Minnewashta Parkway. But whatever people are put into this new subdivision, one way or the other, those people are all going to be going onto Minnewashta Parkway. It doesn’t reduce the traffic one bit and they’re going to be going at one time or another so it, it defies common sense that that should be done and there have been other alternatives along even Minnewashta Parkway for development. For example at the Rocky Isle Lane subdivision of 3 or 4 houses that is north of the Glendale project and I’m not sure whether you’re all familiar with that. You probably would have been at one time or another when that was put in but those kind of options are also available for the development of the Boylan and Kertson properties so we’re the only people that are left with no alternative. We’re being told now that the 15 families that have relied on this subdivision that we have that has that double cul-de-sac as our homes and as our investment and for the safety of our kids that that should be just destroyed so that the City can lop off another access to another of the existing accesses to Minnewashta Parkway and to us it makes no sense. It’s not that we Chanhassen City Council – October 22, 2018 54 want to make a problem for either Jeff or Carin. They have access. We’re not landlocking them. And it seems the City’s trying to landlock them by saying oh you’re going to, we’re going to get rid of this access if you decide to develop. Mayor Laufenburger: Well let me just clarify Mr. Lieser. David Lieser: Sure. Mayor Laufenburger: I don’t think we are, correct me if I’m wrong Ms. Aanenson. We are not putting pressure on either Kertson or Boylan to develop their land, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay so we’re just saying that long term our preference would be that the access points on Minnewashta Parkway for the public safety, that the access points should be diminished at some point in time if development opportunities present us with that so we’re not, we’re not saying hey you can’t exit on Minnewashta Parkway so I think. David Lieser: Well I think there has been some pressure. Not pressure to develop but pressure by saying to them that they should look at it this way because you know if you want to develop and make the money out of your property that you know you’re going to have to do that because we’re getting rid of the accesses to Minnewashta Parkway. Mayor Laufenburger: Well I don’t know what words have been used but let me clearly state. David Lieser: Well I don’t know the exact words either. Mayor Laufenburger: Yeah okay. That in the interest of public safety it’s reasonable for the City as part of the future planning to limit access points on, Paul is Minnewashta called a minor arterial? Paul Oehme: Actually I think it’s classified as a major arterial. Mayor Laufenburger: Major arterial so we know that in the long run. David Lieser: I think they called it a collector, I’m sorry. Paul Oehme: Or collector I’m sorry. It’s a collector, you’re right. Mayor Laufenburger: Good call David. But I just, I was uncomfortable hearing your words saying that you know we’re trying to get them off of Minnewashta Parkway. If development presents itself and the opportunity is there then we would so I’m sorry for interrupting you. Please continue Chanhassen City Council – October 22, 2018 55 David Lieser: Yes that’s quite alright. But it seems to me that you look at viable alternatives and there’s no reason that even the two, if the two are jointly development couldn’t reduce to one access onto Minnewashta Parkway and that would the purpose as well. Mayor Laufenburger: Well that would be an improvement. David Lieser: Disturbing them. It would be an improvement. Mayor Laufenburger: Right. David Lieser: Something could be done along the lines of what is done at Rocky Isle Lane and so there are, there are alternatives. We’re the only ones that seem, that nobody’s really looking out for because the staff is saying well we have to look out for the Boylan’s and the Kertson’s so we should do this and we should do that. They made the applicant do a ghost plat showing, extending our cul-de-sac up across two properties and they pull out some old documents that were concepts of the City years and years ago. 30 years ago. Now we’ve been on our properties, some longer than others but none of the people in that neighborhood had any inkling that their neighborhood, their purchase for which we all figure into the price of what we buy the value of the privacy and the security. The seclusion for the kids in the neighborhood. And so for that reason obviously, and I don’t want to go on and on about that because you have a presentation. Mayor Laufenburger: We do. You presented to the Planning Commission. David Lieser: Yes. Yes. I would say I’m also somewhat surprised that the Planning Commission did not recommend the proposal that was recommended by the staff today. We were there at that meeting. We took notes and I had gone back over the video of what the Planning Commission said and not that it does us any good necessarily but they clearly said to strip out of the motion any reference to variances and also any reference to a through street connecting with Glendale to our properties. Mayor Laufenburger: Okay. So Mr. Lieser can you concisely speak what you are presenting on behalf of the, what you’d say 15 homeowners of Stratford Ridge? David Lieser: Right. Right. Mayor Laufenburger: Okay. Do you have a homeowners association? David Lieser: We do have a homeowners association but I have not been officially appointed to present this. Mayor Laufenburger: Okay so you’re speaking on behalf of the comments that you’ve heard from various families is that correct? Chanhassen City Council – October 22, 2018 56 David Lieser: Right, right. Mayor Laufenburger: Okay, alright. David Lieser: And we’ve had many discussions… Mayor Laufenburger: Yep I understand and your position is you want, you don’t want to be disturbed. David Lieser: We want no change. Mayor Laufenburger: No change for you in Stratford Ridge. David Lieser: Right. Mayor Laufenburger: Okay. David Lieser: Exactly. Mayor Laufenburger: Okay, alright. Thank you Mr. Lieser. David Lieser: Thank you sir. Mayor Laufenburger: And thank you for asking me to recognize you. I appreciate that. Alright. Again this is not a public hearing but is there anybody’s interest who has not been represented yet this evening? Okay. Council, questions or comments. Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Mr. McDonald. Sure you start. Councilman McDonald: Sure I’ll start. You know I’ve heard from all sides and everything and I guess I think the gentleman that, from Stratford Ridge he brought out a very important point and we’re sitting here tonight and we’re trying to design a subdivision for two pieces of property that aren’t even in a position to want to have a subdivision and we’re talking about something in the future and what the staff has done to anticipate that is to go into the property to the north which would meet all of our requirements and try to impose upon them basically access to the two pieces of property to the south that again are not under development and I’ve heard nothing tonight that says there’s any plans at this point to put them under development. And I’m just wondering if as the Planning Commission may have looked at this that we’re getting wrapped around the axle over something that’s not even a problem yet and what is actually before us is a request that would meet all of our regulations for a subdivision and I think that’s what we should Chanhassen City Council – October 22, 2018 57 focus on. Anything about development of the two pieces of property to the south need to be addressed at a future time when we know what the development is going to look like. At that point we can look at all the options, whether or not we would grant access off of Minnewashta or are we going to re-open the thing about Stratford Ridge or maybe even coming off of Country Oaks which I can understand is not viable but in the future anything would be. So at that point I guess what I’m willing to look at tonight is just what’s before us and that’s just the development of the property to the north and right now he meets all of the requirements that we as a city have placed upon individuals who want to subdivide property so I guess I’m not in favor of putting a cul-de-sac or putting a right-of-way for a cul-de-sac into the property to the north because again at this point there’s nothing for it to go to and I think that you have to address what is currently there and so I would not support which is Concept 2 of taking property from the land to the north and then the other thing that bothers me about it is you’re also imposing in order for Lots 1 and 2 to work he has somehow got to work a deal with the property to the south to get enough land to make those viable lots. I think that’s a burden the City should not be putting upon a piece of property that meets all of it’s requirements as it stands. Mayor Laufenburger: Thank you Mr. McDonald. Anybody else want to make any comments? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Sure Councilmember Ryan, go ahead. Councilwoman Ryan: I agree with Councilman McDonald and he articulated it very well. It’s very rare when we have developers come in with straight forward plans without requesting variances and that’s what exactly what you’re doing. I don’t like that we’re asking neighbors and property owners to come up with alternative designs for their property where they’re going out to engineers to come up with alternative plans when that’s not part of you know the proposal that we should be developing or looking at and so I don’t need to go on and on because I think Councilman McDonald did a great job explaining all of it and if he makes that motion I will be supporting it. Mayor Laufenburger: Okay. Anybody else? Councilmember Tjornhom, sure. Councilwoman Tjornhom: I can certainly echo what Councilman McDonald said. For me though it’s still just a little, I feel a little uneasy about it because there’s still too many unanswered questions and I don’t like that there’s lack of communication. The developer feels and staff feels with each other so some issues weren’t ironed out clearly before everyone got here tonight and that’s what I’m a little worried about because I think one thing, when you’re planning something you’re planning for the future and so if you’re looking at where access is going to be in the future this is the time to do it if there’s already a development that’s going to be on top of the two lots that are kind of in the queue to someday be developed and so by kind of ironing out that now then we are getting rid of a whole other issue that’s just going to be waiting for us in the future so I mean I would rather get this ironed out now so everyone knows. The Chanhassen City Council – October 22, 2018 58 developer knows. The homeowners know what they’re dealing with when they talk to developers or whatever they’re looking to do when they subdivide so this isn’t some gray area where no one really knows conceptually where things are going to be. So I, while I go along with what everything Councilman McDonald said I really would like more time to give everyone to the chance to sit down together and work this out before it moves forward. Mayor Laufenburger: Okay, anybody else? Sure Mr. Campion. Councilman Campion: Everybody else has talked, I think I should too. Now I mean Councilman McDonald made good points. To impose extra restrictions on a development that you know is coming forward meeting the ordinances, I would hate to impose an extra hardship on them for what might happen in the future and I agree that we should address the request that’s before us. Mayor Laufenburger: Okay. Either Mr. Fretham or Mr. Ryan, would you come to the podium just for a second please? So let me ask a question and then you can answer it after I ask it. So Ms. Tjornhom has brought to our attention that we had, and Mr. Knutson has confirmed that we have 5 days in order to come up with a response to your application so let me make a formal request to you. Would you be willing to offer an extension so the council could spend more time on this? And you can answer it any way you want Mr. Fretham. Curt Fretham: I was going to answer the question before you asked me but I let you ask the question anyway. If the situation was different perhaps we could come up with some more time but we started on this process, I don’t know the timing but I believe it was over a year ago. Mayor Laufenburger: When you first made application? Curt Fretham: Well we weren’t allowed, do you want to answer the question? Kate Aanenson: No… Curt Fretham: Okay. There was a title issue with our property and so the City said we couldn’t move forward with our application until the title issue was cleared so we had to go through a legal process to extinguish the title issue. Now I’ve had this situation in a number of other cities. It’s not an issue with those cities. They move forward with their application. They put it down as a condition just like all the other conditions that are listed out and allow you to deal with those things concurrent so my point is we sat still for a long time. Mayor Laufenburger: Waiting for the title issue to be resolved? Curt Fretham: Which should have been able to be done concurrent with this and then if you wanted more time we had all kinds of extra time because we’re going through a title clearing process so given that background it’s really hard to say you know we’ve been at this for a year. Chanhassen City Council – October 22, 2018 59 Let’s look at it further and then to follow up I don’t see what the benefit of more time is because it’s not going to change anything. So that’s my answer. We’d like to. Mayor Laufenburger: So is it yes or no? Curt Fretham: It’s no more time. Mayor Laufenburger: Okay. Is your title issue cleared now Mr. Fretham? Curt Fretham: Yes. Mayor Laufenburger: Okay good, so you have. Curt Fretham: You wouldn’t let us to move forward without clearing title. Mayor Laufenburger: Okay. And I understand that other cities may not do things the way Chanhassen does. Curt Fretham: Right. Mayor Laufenburger: You know we’ve been a city now for 51 years and. Curt Fretham: Your way’s the right way. Mayor Laufenburger: Thank you. Okay thank you Mr. Fretham. I just had to ask that question. Any other comment? I just would say this. You know if we could wait for a big picture looking down on these three properties I think, I think if it were possible that all three properties could be part of a development I think it could be a good one but that’s not the, that’s not where we are. I’m very sensitive to the Boylan property and the Kertson property but I don’t think that their options are substantially limited. Yes we have a preference. Let me go to my points here. Yes we have a preference to take access off of Minnewashta Parkway but frankly if the Boylan and the Kertson property became a development or a parcel that somebody owned I would, you know if I was on the council I would certainly entertain a way of allowing access to that property without doing a cul-de-sac from Stratford Ridge and without a right-of-way from the north so that is my, I do have a preference but I could be persuaded otherwise for that access. Let’s see, I do agree that Country Oaks is not a possibility. I’ve spoken with Ms. Dorsey there and though they are very cooperative with both the Boylan property owners and the Kertson property owners, I don’t think they want to have a road going through their property. The lake access does trouble me just a little bit. I think that the 5 properties, as long as those 5 properties have access through, is it Pleasant Acres is that right Mr. Ryan? Perry Ryan: Yes sir. Chanhassen City Council – October 22, 2018 60 Mayor Laufenburger: Okay, as long as they have access through Pleasant Acres I think that’s, and there’s a relationship between the Pleasant Acres Homeowners Association and the current owners of the Boylan, or the executor of the Boylan property. As long as that continued I think that would work out just fine. The, Ms. Strong you said that the stormwater solution is a condition of, it’s a condition of going through is that right? So you have, if the City does not give an official okey dokey you still have to work with them in order to come up with a solution is that correct? Okay. Is the watershed, Minnewashta Creek Watershed District, are they also part of that solution as well? Okay. Vanessa Strong: The correct answer is…permit. They’re in that process right now. Mayor Laufenburger: Okay, alright. And then the last question is, is there any reason why we shouldn’t approve this plat with no variance and like it appears the majority of the council agrees. I don’t think that there’s any reason why we shouldn’t. Come forward with a variance, or come forward with a plat. A subdivision which is acceptable. Yes it probably is not as satisfactory to the Boylan property and the Kertson property but that’s not part of the facts that we have with us at this time so I think that’s kind of the way it is. And I would look for any further comment or direction from any council member. Councilman McDonald: Well Mr. Mayor I would make my proposed motion and I’ll start with what I’ve got here and knowing that what I want to get at is to approve the plat as is without variances. I’d look for staff and everybody to kind of help me through this but I would ask that the City Council approves the preliminary plat to subdivide 2.14 acres into 5 lots. Mayor Laufenburger: Could I ask you to say up to 5? Councilman McDonald: No. Into 5. That’s what they’re asking for. Mayor Laufenburger: Okay. Okay. Councilman McDonald: And then is the outlot part of that? Kate Aanenson: Correct. Councilman McDonald: Okay and one outlot then we’ll skip the rest of it. As shown in plans stamped Received and then what’s the date? August 29th is still good or? Kate Aanenson: Yeah it’s still the same date, yeah. Councilman McDonald: Okay August 29, 2018 and then subject to the conditions of approval and adopts the Findings of Fact and then does that wrap in what water management wants for their conditions? Chanhassen City Council – October 22, 2018 61 Mayor Laufenburger: Their findings. That’s part of the Findings of Fact. Kate Aanenson: Well the Findings of Fact are for the variance so I’m not sure that they’re applicable. Mayor Laufenburger: Mr. Knutson. Roger Knutson: Could I suggest you say subject to compliance with the stormwater requirements. Kate Aanenson: It’s a condition of approval. Mayor Laufenburger: The stormwater is a condition of approval. Roger Knutson: Okay subject to the conditions of approval set forth in the staff report. Kate Aanenson: Yeah so I just would ask that, I’d have to pull up the Findings of Fact. I can’t get on my, the Findings of Fact I believe were for the variance so they might not be. Roger Knutson: Those are the only Findings in the record, yes. Kate Aanenson: Yeah so they would be moot then correct? Roger Knutson: You’re not adopting those Findings. Kate Aanenson: Yeah or could we bring them back at the next meeting, just the adoption if we wanted to modify those? Roger Knutson: Well you’re approving it tonight subject to the conditions in the staff report without a requirement for a variance and noting that there will be no extension of that cul-de-sac. Councilman McDonald: Okay. Mayor Laufenburger: So essentially what you’re saying Mr. McDonald, you’re proposing a motion that does not include a variance to allow a 50 foot public right-of-way. Everything else is in place. Councilman McDonald: Correct. Mayor Laufenburger: Conditions of approval period. Councilman McDonald: Correct. Chanhassen City Council – October 22, 2018 62 Mayor Laufenburger: Alright. Council are you comfortable with this motion? Alright. I’m looking for a second. Councilwoman Ryan: Second. Mayor Laufenburger: Alright, thank you Councilmember Ryan. Is there any further discussion? Just want to clarify Ms. Aanenson the Findings of Fact that you mentioned, those are Findings of Fact associated with the variance is that correct? Kate Aanenson: Could I just, I’ve got it on the computer here if you just give me a second. I couldn’t get onto my, these are the Findings of Fact so part of them read, so if we could just modify these really quickly on the fly here. So Findings of Fact were that included. Pardon me? So except for, so if we could approve those except for everything from the variances. That would be struck from the Findings of Fact. Mayor Laufenburger: Okay Findings of Fact through G. Kate Aanenson: Correct and those would apply to the subdivision so we would just take out the portion that applies to the variance and then it would be, and then add the recommendation. Mayor Laufenburger: Okay. Kate Aanenson: If that makes sense. Mayor Laufenburger: Okay. So the motion that Mr. McDonald made is that the City Council approves a preliminary plat to subdivide 2.14 acres into 5 lots and one outlot. Kate Aanenson: Correct. Mayor Laufenburger: As shown in plans stamped Received August 29, 2018 subject to the conditions of approval and adopt the Findings of Facts through item G. Kate Aanenson: G, correct. Yep. Mayor Laufenburger: Alright. Councilmember you okay with that second on that Councilmember Ryan? Councilwoman Ryan: Yes. Mayor Laufenburger: Okay. Kate Aanenson: Can I just clarify the date too. That date I believe was actually the October 2nd date was on the Findings of Fact and I’m not sure if that’s really the set of plans. Chanhassen City Council – October 22, 2018 63 Curt Fretham: No it’s not. Perry Ryan: That was my question. I just wanted to, since we haven’t seen the Findings of Fact on our current plan set I just want to make sure there’s no Findings of Fact that have to deal with a cul-de-sac or… Kate Aanenson: No. That’s what I just took off. Mayor Laufenburger: Yeah so to go through. Perry Ryan: Okay so I don’t. Kate Aanenson: That’s what I was clarifying. I want to make sure it was correct so I pulled it off. Perry Ryan: Okay, good. Alright. Kate Aanenson: The only thing I’m saying on it. Todd Gerhardt: Kate why don’t you show the Findings of Fact. Kate Aanenson: So this is them. If I can blow that up a little bit. Mayor Laufenburger: Okay just leave it like that for right now. Can you read that Mr. Ryan? Curt Fretham: If you could scroll up to the… Mayor Laufenburger: Well we’re all going to read it kind of. Kate Aanenson: There you go thank you. Mayor Laufenburger: You can leave it that size. Just get rid of that black thing. Perry Ryan: As it shows number 4. Mayor Laufenburger: She’s going to scroll it down. Okay. Now just scroll slowly. Kate Aanenson: So yep, so now we’ve got the subdivision findings. Perry Ryan: So number 4 goes away too then because that was the first findings have to do with the cul-de-sac? Chanhassen City Council – October 22, 2018 64 Kate Aanenson: That’s fine, that can be struck. Number 4. Subdivision directs the Planning Commission to consider seven possible. Mayor Laufenburger: Okay here’s what we’re going to do. We’re just going to count on city staff and the property owner to work together to ensure that these Findings of Facts properly reflect the sentiment of the council. Okay, alright? Kate Aanenson: Yeah and I wanted to make sure that was clear too so. Mayor Laufenburger: Alright. Any further discussion? Councilman McDonald moved, Councilwoman Ryan seconded that the City Council approves the preliminary plat to subdivide 2.14 acres into five (5) lots and one outlot as shown in plans stamped Received August 29, 2018, subject to the following conditions and adoption of the Findings of Fact through item (g) and Decision: SUBDIVISION Engineering: 1. Deleted. 2. Deleted. 3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway. 4. The survey of existing conditions does not indicate ROW between Glendale Drive and to the south for approximately 100 feet. 5. No stationing is shown in the plan set. 6. The drawing and utility easements are shown only on the plat. They should also be conveyed on the site plan. 7. Indicate surface water drainage flow arrows on the grading plan. 8. Provide existing and proposed elevations at the following locations: each lot corner, top of curb or centerline of the street at each lot line extension, center of proposed driveway at the curb or edge of the road. 9. Additional conditions will be identified after the developer has an opportunity to revise the design based upon the current conditions that are considered to be major in nature as they will require significant changes to the design. Chanhassen City Council – October 22, 2018 65 Water Resources: 1. Private stormwater best management practices (BMPs) are not permitted in public drainage and utility easements. An encroachment agreement will be required for the private swale within all side yard drainage and utility easements. 2. Easements for private stormwater treatment devices must be recorded against the properties using the city’s private stormwater easement template and approved by the City Engineer. 3. A Homeowners Association (HOA) encompassing all lots is required to ensure the technical expertise and a funding mechanism for the operation and maintenance of stormwater treatment devices is ensured in perpetuity. 4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator and recorded against the properties that details the HOA’s permanent inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as designed. 5. To ensure stormwater treatment devices function as designed, the developer is responsible for the operation, maintenance, and performance of all stormwater improvements including vegetation, structures, soils, inspections, and erosion/sediment control for the first five years after project completion. After the first five years, responsibility shall transfer to the HOA. The developer is responsible for ensuring all stormwater improvements are functioning as designed at the end of the first five years. If stormwater improvements are not functioning as designed at the end of the first five years, as determined by the City Engineer, than the developer shall remain responsible for all operation and maintenance until devices are functioning as designed. 6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope of any primary structure. 7. If an emergency overflow route is adjacent to the property the lowest building opening must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144). All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening. Developer proposes a EOF at elevation 972’ on Lot 5 that meets this requirement. 8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City Code Sec. 7-78). Chanhassen City Council – October 22, 2018 66 9. SWPPP contact must be identified. 10. Developer must provide an erosion and sediment control plan, and dewatering plan approved by the Water Resources Coordinator. 11. Maximum impervious per lot is 25%. 12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction. Topsoil shall be tested and approved by the Water Resources Coordinator. 13. The developer shall provide an updated Hydrocad model and stormwater management plan that is consistent with and supports the engineered plans and geotechnical report. 14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5 (SB-1). There must be three feet of separation between the bottom elevation of stormwater infiltration devices and the water table. Based on the geotechnical report, the bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975. The proposed “pond” will need to be lined if less than 3’ of separation from seasonal high water table. 15. The geotechnical report identifies moderately slow permeability of soils. Any infiltration swales must be sized to allow no more than 6” of ponding depth and drawdown within 24-48 hours. 16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and infiltration device locations prior to final approval. 17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet and outlet structures, underdrains, filtration media/amended soils, location and quantities of all species used. Ecotype must be native or approved native hybrid. 18. Details must be provided and approved for all stormwater treatment devices. 19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD) development review and permits. 20. It is the applicant’s responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.) prior to the City issuing permits. 21. Project must meet all stormwater requirements of the city and the MCWD. Chanhassen City Council – October 22, 2018 67 22. Project will require stormwater management fees associated with city development review and permitting process. Fees can be estimated but cannot be accurately calculated until approvals have been received from the MCWD. 23. The site plan must identify the ability to install a future stormwater pipe that could connect the development to a regional pond southeast of the development. 24.The development must use Chanhassen Standard Specifications and Detail Plates. Parks: 1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, these fees would total $29,000 (five lots x $5,800 per lot). Environmental Resources Coordinator: 1. The minimum number of overstory trees required to be planted in the development is 41. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta Parkway. All voted in favor, except for Councilwoman Tjornhom who opposed, and the motion carried with a vote of 4 to 1. Mayor Laufenburger: That motion carries 4-1. Councilmember Tjornhom against. Alright, thank you very much staff and Mr. Fretham, Mr. Ryan, Mr. Lieser, Ms. Moore and Mr. Kertson. I wish you all the best of luck. That brings us to our next item on the agenda which is. This is item H-2 which is Resolution 2018-52. Consider modifying a Stipulation Agreement for the Mustard Seed Garden Center, Halla Nursery Incorporated. Could I ask you, thank you very much. Well let’s just take a, Nann we’re going to take a 3 minute break here. The City Council took a short recess at this point in the meeting. Mayor Laufenburger: Alright following a brief recess we are reconvene as a council meeting on Monday, October 22nd. Our next item is item H-2. CONSIDER MODIFYING STIPULATION AGREEMENT FOR THE MUSTARD SEED (HALLA NURSERY, INC.). Mayor Laufenburger: Now let’s begin with a staff report. Chanhassen City Council – October 22, 2018 68 MacKenzie Walters: Yep before I jump into that I’m going to pass out a letter we received from Kelly Lorenz on behalf of the Mustard Seed. It’s essentially an Affidavit saying that the items Mr. Halla is requesting to be added to his list of permitted sales items are to her recollection have been sold on the property consistently from 1997. Got the email about middle of the day today so didn’t have time to add it to any of the staff report stuff but printed off a copy for all of you so you could look at it and see it. That being said I’ll get started. As mentioned this is a resolution to consider amending the Stipulation Agreement that governs the use of the Mustard Seed property and that property is located at 10000 Great Plains Boulevard. It’s zoned Agricultural Estate. Just to provide some neighborhood context, there are golf courses to the east and to the west. The surrounding land uses are predominantly larger lot residential. Most of these are a little over an acre. These ones tend to be 2 acres or more. And the Agricultural Estate zoning, I did not list every use. I did include those as an attachment to the staff report but I put here the uses that are most relevant to the discussion we’ll be having tonight. A2 allows for agriculture as a permitted use. It allows for roadside stands as a permitted accessory use. Wholesale nurseries as an interim use. Petting farms as an interim use. It is not, the district is not intended for commercial and retail use and it does not list temporary events as a permitted accessory use. The property in question is governed by a Stipulation Agreement. It is a wholesale nursery and the Stipulation Agreement limits the permitted uses on the property to those allowed by the agricultural estate zoning and those expressly listed in the Stipulation Agreement. The Stipulation Agreement strictly prohibits retail except as expressly allowed in the Stipulation Agreement so the Stipulation Agreement in Exhibit B lists a number of products by name that are allowed to be sold on the property and then corresponds them to different areas labeled on this map of the property which states what can be sold where. The Stipulation Agreement does not allow for the expansion of retail sales or an expansion to the list of products to be sold on the property without prior consent by the City. And as I mentioned each area of the property and each building it tends to be limited to a specific use. So for example Area R here and here is listed as limited to the storage, growing and outdoor display of plant material or supplies on pallets or wheels. So the Stipulation Agreement is fairly specific and provides a high level of specification as to what should be going on at each individual portion of the property. We did send out a notification on this hearing. We got a couple phone calls from the surrounding property owners. I don’t believe any of them were planning to attend but they did ask that I relay their comments. They were all curious about what was being proposed. Two asked that I convey to the council concerns about the potential for increased traffic generation along Great Plains Boulevard. They wanted to make sure that if events were allowed in any capacity that staff took into account the potential to generate traffic. They stated that there are times when it’s very difficult to access Creekwood due to the large amount of traffic that’s on the road and they’re worried that you know regular events like larger farmers market or craft fairs might exacerbate that issue. One resident expressed concern that the site would become a strip mall or another commercial use. I clarified that that was not what was being requested nor was that being considered but I just, I said I would pass it along so I have. No one expressed concerns with any of the proposed items that are being proposed to add to the Exhibit B’s list of products to be sold. So we went back and forth with Mr. Halla on a couple different iterations of his Chanhassen City Council – October 22, 2018 69 request. I think I’ve kind of simplified it to the initial and then where both parties ended up at without going through all of the intermediate ones. Initially Mr. Halla requested that accessories be added to the clothing category. Food, drinks and snacks be added. Handicraft. Personal care products. Gifts. Decorations and then food trucks corresponding to a list of annual events that he provided staff. Staff’s proposal was that adding the accessories and then also providing in the Exhibit B that governs the property it dictates where each item can be sold so staff looked at what was currently being allowed in the different areas and then added an appropriate number that we thought corresponded. Staff proposed vending machines for snacks and drinks. Staff was not concerned at all with the handicrafts, personal care products, gifts and decorations. Staff proposed that food trucks rather than being linked to a very expansive list of events be linked to the City’s special event permitting process which is how that type of use on other properties and other businesses is governed in the city. Mr. Halla’s provided us with, requested that different zones be allowed to give him a little more flexibility in terms of where the products were being sold. Staff didn’t have any objection to you know expanding it from just being the garden center to garden center and greenhouse and things of that nature. He is also requesting that the council allow agricultural products and that should read produce. My apologies. I did not catch that to the list. Staff’s revision to that is pre-packaged snacks and non-alcoholic beverages and we can go into what some of the concerns are with that more expansive category. So going through the list of requested products, the reason why staff made the recommendations they did is when we looked at the items like handicrafts, gifts, decorations, accessories, those are substantially similar to what is currently permitted. There’s a category that’s ornamental items. Miscellaneous items, plants or materials for the aesthetic practical improvement or use of indoor and outdoor living spaces. Arguably handicraft, gifts, decorations could all be argued to already fall under those categories so we didn’t see that as qualitatively expanding the retail component of the garden center that was already present in the Stipulation Agreement. Personal care products arguably are a little more of an expansion but again very compatible to the small household items currently listed in the Stipulation Agreement and allowed. Food, drinks and snacks staff feels is more of a qualitative expansion but we do feel that incidental items you know pre-packaged snacks. Letting someone buy a bottle of Coke there, things like that is not going to significantly change again the scale of the retail component. It’s not a qualitative shift. The revised request of agricultural products and produce we feel would be that qualitative shift. We understand that you know the property does have an agricultural component and it is allowed to sell the goods that are grown on the property. Nothing that would be done with the Stipulation Agreement would prevent them from, if they grew tomatoes they could sell tomatoes there. Nothing would change that. However it would prevent off site materials and produce from being sold on site. So the concern there is the potential for a very large grocery or food sales component to be present which is not in any way indicated by the Stipulation Agreement and the controls on what retail goods were listed as permissible on site. Regarding the request to have food trucks and other events. The City’s special event ordinance basically says that an event that is a promotion, product demonstration, a thing of that nature is defined as a temporary event so we have required different businesses within the city when they want to have a food truck on their property to promote business we have consistently required them to get a temporary outdoor event permit. An example would be when the Oscar Meyer Weiner Mobile was in town a few months ago we Chanhassen City Council – October 22, 2018 70 made Lunds get a temporary event permit for that so. Under the zoning code and Stipulation Agreement temporary events are not allowed in the agricultural estate zoning. However staff feels that temporary event permit process does provide sufficient oversights and limits to prevent any negative impacts and do believe that it’s appropriate to allow Mr. Halla the same opportunity to have food trucks and do those type of promotionals as other businesses in the city that are afforded. And that’s why staff is proposing that be added to the list of permitted uses. That being said staff would subjected to the temporary event permit process so that it’s given the same oversight as every other business in the city gets for those type of requests. With that being said I will go into as much additional detail as you would like. Mayor Laufenburger: Okay. In just a few minutes I’m going to invite Mr. Halla up to talk about his request but are there any questions from council to staff? Councilwoman Tjornhom: I have one. Mayor Laufenburger: Go ahead Councilmember Tjornhom. Councilwoman Tjornhom: Can you go back to the stipulations or the, go back. No, no, no, I’m sorry. I’m giving you the bad direction. When I say go back I mean like that slide, keep going down. MacKenzie Walters: Like this direction? Councilwoman Tjornhom: Stop. MacKenzie Walters: Okay. Councilwoman Tjornhom: Okay, I want to talk about the agricultural products and produce. If I heard you correctly when you were talking about your reasoning for you know why you agreed with some things and why disagreed with some things. With the agricultural products and produce you were concerned about a grocery store? MacKenzie Walters: So essentially if I take, and I understand from what Mr. Halla said, you know they don’t have any intention to have a substantial food sales or grocery but let’s say 10, 15, 20 years, whenever down the line someone else acquires it and I acquire it with an amended list of products and I see agricultural products and produce. That covers anything grown. There is absolutely no reason I couldn’t take that and say okay, out of the garden center I am running a farm to table grocery and that’s my new business model because that’s now a permitted sales use. Councilwoman Tjornhom: So when you go to the farmers market right here at City Hall parking lot what regulation or stipulation do they have to be able to do that? Chanhassen City Council – October 22, 2018 71 MacKenzie Walters: Yep so the difference would be one a matter of zoning. The City Hall farmers market is located in office and institutional zoning. It would be, so because our special events permit says events hosted you know in association and in sponsorship with the city do not require a permit, we don’t make that farmers market go through the permitting process but what allows it there is the fact that seasonal sales are allowed in office and institutional districts which is what that area of the city is. And because it’s a farmers market it doesn’t have that same restriction that it has to be grown on the property. For instance if Mr. Halla were to partner with commercial business and that commercial business was to apply for a seasonal sales permit to feature agricultural produce he grew and other farmers grew, they would be able to do that there in a commercial district. Mayor Laufenburger: There at the Mustard Seed? MacKenzie Walters: Yeah, not the Mustard Seed sorry. If it was a property zoned commercial. Mayor Laufenburger: Oh okay, like the corner of Crossroads. MacKenzie Walters: Crossroads where the pumpkin patch is would be a great example of a similar arrangement yep. Mayor Laufenburger: So Mr. Halla could make, enter into a new agreement with a commercial entity and be part of it but it couldn’t take place on the Mustard Seed property. MacKenzie Walters: Right because the A2 zoning does not allow for special and temporary events as a permitted accessory use. Councilwoman Tjornhom: And I guess I’m, this just doesn’t make a lot of I guess common sense to me. You’re at a garden center. You have all sorts of other things for sale. You know if I can’t go to Mr. Halla’s property and buy a gourd or a pumpkin because he didn’t grow it there, yet I can go across the street and buy it, it just to me doesn’t make a lot of common sense. Is there a way that he could be allowed to do that because I know no one wants to have him put up a strip mall with you know 7-11’s and all that stuff. No one wants that but is there a way he can have a conditional use permit to have a farmers market from a certain time that then doesn’t carry on with the property forever. It just, it just stays with the property until it’s sold and then it’s all null and void. Roger Knutson: Mayor, I can maybe respond. You certainly could allow that amending what’s allowed in the agricultural estate district. You could amend the zoning ordinance. I’m not suggesting that’s a good or bad idea but. Councilwoman Tjornhom: Okay. I mean like I said to me it just, I was trying to connect dots and make sense of it all. Chanhassen City Council – October 22, 2018 72 Todd Gerhardt: Two different zonings. It’s the two different dots. One’s square. One’s round. Councilwoman Tjornhom: Right. Right no I get that. One’s commercial and one’s but still when they’re just, you can hop across the line and you can do it there but you can’t do it there. It just. Todd Gerhardt: I mean if you want to allow pumpkins and gourds period you know that’s fine but you can’t use a broad brush of saying agricultural products because is a large list. Mayor Laufenburger: But if the pumpkin or gourd was grown on this property then he could sell it in the equivalent of a roadside stand because a roadside stand is a permitted use. Roger Knutson: Correct. Mayor Laufenburger: There. So if he grows it there. Councilwoman Tjornhom: No I totally understand that. I get it. Mayor Laufenburger: Okay. Alright you’re talking about it but somebody, if he brings in a pallet load of. Councilwoman Tjornhom: I’m moving beyond government and just thinking just as a normal person and thinking. Mayor Laufenburger: I understand. I understand. Councilwoman Tjornhom: You know it just makes sense. Let the guy sell some vegetables during the summer but yes. Mayor Laufenburger: Mr. Campion. Councilman Campion: I have a quick question along the similar lines. Is there a simple zoning change that could be made so that we wouldn’t need to stipulate where he can sell snacks or a Coke or vegetables? MacKenzie Walters: So yeah again this property is unique in the city because the A2 zoning district as written would not permit, well any of the retail goods that are sold on the property. This deals back to and Mr. Knutson has a lot more background on this than I do but the short story would be in ’94 Mr. Halla put up a building. Began selling retail goods out of it. There was litigation and over a 3 year period eventually where arrived was the 1997 Stipulation Agreement that said basically these items may be sold but you know we’re recognizing it as a non-conformity. We’re not recognizing any other existing grandfathering. These items and these items alone may be permitted on this property. And so in, if I were for instance to acquire Chanhassen City Council – October 22, 2018 73 a larger A2 site I would not be able to sell items like this on my property. Did that help at all or not at all? Councilman Campion: I understand what you’re saying. I think this site is a little unique based on what we know is coming forward with the 101 realignment and all that as well. Roger Knutson: Maybe I’m repeating myself but one possibility for you is to amend the, to rezone the property if you choose to. I’m not suggesting that’s a good idea but you certainly. Or you could do a PUD. Mayor Laufenburger: Mr. Campion I’m not sure I understand what you said about the impending movement of 101. Councilman Campion: I understand from speaking to Mr. Halla that the realignment of 101 you know is, will likely affect his business and the traffic to it. When you’re doing construction in front of a business and it’s harder to get in there. Less people tend to visit the business and I understood you know, I don’t want to tell his story for him but I understand how construction affects businesses when it happens right in front of them and if there are reasonable things we can do to make it easier for him to do business. I’m open to listening to it. Mayor Laufenburger: Well what we have here is, I believe and Mr. Walters correct me if I’m wrong, we’re talking about 2 paragraphs in the stipulation agreement that are going to be modified, is that correct? MacKenzie Walters: Yes. Mayor Laufenburger: Paragraph 1 and paragraph 2. That’s what Mr. Halla essentially is requesting. MacKenzie Walters: I believe paragraph 1 and then Exhibit B would be modified. Mayor Laufenburger: Well paragraph 2 makes reference to Exhibit B. MacKenzie Walters: Yes sorry, yeah. Mayor Laufenburger: Okay yeah, so those are the two areas and those two areas, you’re in agreement with Mr. Halla in everything except for this phrase agricultural food products is that correct? MacKenzie Walters: That’s my understanding yes. Mayor Laufenburger: Okay so we’re going to get that from Mr. Halla in just a second. Is thee any other council member questions to staff? Go ahead Councilmember Ryan. Chanhassen City Council – October 22, 2018 74 Councilwoman Ryan: Would you just explain the asterisks? So the revised request of agricultural products and produce would not be required but it does allow retail and grocery food sales? MacKenzie Walters: Ah yes. So what I’m saying is were it to be amended as Mr. Halla’s requesting using that language, it wouldn’t change how goods grown on site are treated. They’re already allowed but it would theoretically again were someone interested in doing it you could use it to sell any agricultural produce or product on it were it be adopted with that amendment and that language. Councilwoman Ryan: And can we not like we have with the other you know detailed list of products can we not create a detailed list of what agricultural products and produce we would allow? MacKenzie Walters: If that’s the route the council wishes to go we can work with Mr. Halla to come up with an exhaustive list and bring that back for you absolutely. Mayor Laufenburger: Meat products. That’s an agricultural product isn’t it? MacKenzie Walters: It is. Mayor Laufenburger: And does he want to sell meat products? MacKenzie Walters: My understanding is some meat products are available on site. Mayor Laufenburger: As snacks? MacKenzie Walters: I will let him provide that. Mayor Laufenburger: Okay, okay. Okay. Councilwoman Ryan: Well we already have a list of some of the things but if there’s specific, you want to talk about pumpkins and gourds and that’s what he wants to sell. Councilwoman Tjornhom: No I’m not…I just think it’s having to list off 500 things he can do just seems a tedious. Councilwoman Ryan: Well not if he wants to, it would be Mr. Halla’s. Councilwoman Tjornhom: No I agree, I agree. Councilwoman Ryan: Responsibility. Chanhassen City Council – October 22, 2018 75 Mayor Laufenburger: This is a. Councilman Campion: She’s agreeing with you. Mayor Laufenburger: I think we should hear from Mr. Halla. Just as Mr. McDonald go ahead. Before we hear from Mr. Halla. Councilman McDonald: Can you go to the list of potential I guess complaints you got from people? MacKenzie Walters: The yeah. Councilman McDonald: Yeah. Okay is he trying to, I mean how often do we have these events there with the food truck? MacKenzie Walters: And I think that’s part of staff’s concern is we don’t have a clear picture of what’s going on on the site and that’s one of the reasons why we would like to use you know the same permitting process and approval process we use for other businesses because then we know how often things are being done. What the impact is and again it creates that level playing field. Councilman McDonald: Okay well let me ask you about worried about farmers markets, craft fairs being held every weekend. Is that what’s going on down there? MacKenzie Walters: I again would defer to Mr. Halla in terms of what he, again I think you saw in the attachment he provided the list of annual events. That is what staff received when we asked for clarification as to what events were going on and we were not given increased clarity when we requested for it. Councilman McDonald: Okay then I guess my questions would be for Mr. Halla. MacKenzie Walters: Yeah okay, sorry. Councilman McDonald: So I’ll yield. Mayor Laufenburger: There is one other thing and that is, in his listing of annual events he talks about alcohol and you specifically do not mention alcohol in, or your recommendation is no alcohol is that correct? MacKenzie Walters: Yes. Mayor Laufenburger: I just want to make sure I get that part properly. Yeah pre-packaged snacks and non-alcoholic beverages. Okay. And Mr. Halla provided a document that said Chanhassen City Council – October 22, 2018 76 alcohol if any is only served as legally allowed by law. All legal and applicable rules and ordinances obeyed per law and stipulation of use. So in this particular case alcohol is not listed under Item B of the stipulation agreement but he says he’s complying with all applicable laws. Todd Gerhardt: …alcohol isn’t an allowed sale in an agricultural district. Mayor Laufenburger: Okay, alright. And just for clarification I read Mr. Lorenz’s note and I think that from my standpoint I think she’s just trying to say if I sold anything that was not on the list I didn’t purposely break the law. I think that’s what she was saying. Did any of you get anything else out of this? Councilman McDonald: No, that’s about what I got. Mayor Laufenburger: Okay, alright and I appreciate her doing that. She’s simply saying I was just trying to generate business. Okay. I think Mr. Halla we need to hear from you if you wouldn’t mind. Are you prepared to appear before the council? Mark Halla: I am, thank you. Mayor Laufenburger: Alright state your name and address please. Mark Halla: Mark Halla, 6055 Highway 212, Dahlgren Township. Mayor Laufenburger: Okay. Mark Halla: I thought this was going to be the easiest thing of your night. I’m sorry. It sounds like it might. Mayor Laufenburger: It still might be. Mark Halla: Maybe it’s not. I’m not sure. I’m not sure. One thing I’ll point out is that our family bought this property back in 1962 so the City was still a township at that time. There was no A2 zoning. It was just, we were here and we were doing some stuff and in 1994 as MacKenzie mentioned we built another building. Took down a building. Built another building near it’s place and accentuated some of the retail sales that were already happening through a better structure. We had contacted the building department and said do we need a building permit to build this agricultural building. He said what are you doing? We’re going to sell landscape and horticultural supplies. No you don’t need one. Ended up that the City thought we needed one. They sued us. Put a stop work order. Cease and Desist. We counter sued. Three years later we come up with a Stipulation of Use and we go through an exhaustive process of these are all the things that you are now legally allowed to sell. The City handled that really well. Basically the attorney said you create the list. Whatever it is we’ll accept it. In the process of doing that list we missed some things. There’s some things that we’ve been selling and I Chanhassen City Council – October 22, 2018 77 think that’s what Kelly Lorenz mentioned and alluded to. She happened to have been hired in 1997. Same time that this stipulation was done. Everything that we are requesting approval for are things, are product lines that we’ve been selling since before 1997 so we’re not asking for any additional items. We’re not asking for any additional retail. We’re just saying you know what, there were some things that we missed in this list and now because it’s come to our attention that some people staff wise have been very literal in reading the list, there are some things that we were doing that don’t qualify. Mayor Laufenburger: Well just let me clarify one thing Mr. Halla. This happened before any of us were on the council. The council has a responsibility to essentially enforce and comply, you know we had some compliance as did you in accordance with a Stipulation Agreement. Mark Halla: Absolutely. Mayor Laufenburger: And so if we were not complying with the Stipulation Agreement that’s our fault. If you’re not complying with the Stipulation Agreement that’s your fault. Mark Halla: That’s correct and I’ll take full responsibility for that. That’s why I’m here. Because you feel I’m not in compliance. I do feel I’m in compliance and if you say that I’m not then we’ll talk about that. Mayor Laufenburger: Well I think, I think the position of the staff is, at least right now is that some of the things that you’re selling are not in compliance and in accordance with the Stipulation Agreement this council has the ability to modify that agreement so, to allow changes. Whatever those changes are. Is that correct Mr. Knutson? We can change that. Mark Halla: Yep absolutely and that’s why I’m here basically at your mercy to say hey we have a disagreement. I think that it’s okay to have a pop machine and a snack machine. Staff says no. That’s not on your list of items that you’re allowed to sell and I say you’re absolutely right MacKenzie. It’s not on my list. I screwed up. I should have caught that and said I never even thought that I should have put a snack machine and a pop machine on my list so I’m coming to you saying would you present some mercy and consider allowing us to have these extra items. They are items that we simply missed. Most of which are actually covered if you really play out the nuances of things, I think they’re there. The agricultural food products and produce, I mean we’re talking like maple syrup, honey, pumpkins, herbs, spices. How about some canned goods. These are things that we’ve currently been selling that I’m told now staff believes are in violation of our Stipulation of Use. It seems to me that that’s a normal thing to be sold at a garden center and I’d like to have you consider adding it to our Stipulation of Use so that we can continue doing that. Fruits, nuts, vegetables. You can go buy pumpkins at places that they’re not produced there. They’re not grown there. It’s agricultural land where a roadside stand’s happening but it wasn’t grown at that stand. It was brought to that stand. In the A2 district which didn’t exist when we owned the property they still allow roadside stands where I can sell all of these items even though they weren’t produced on the property. I believe that’s part of Chanhassen City Council – October 22, 2018 78 your zoning. I’m a retail garden center that already has traffic. Already has a business. We do landscaping. I’m simply asking you to look at it and go you know what, we don’t see the harm that’s coming from that. We’re pretty much an agricultural business. I’ve been told by staff that we, we’re under the impression that all agriculturally allowed zoning allowed items would apply to our business. That was my understanding. That if you could do it under agricultural rule, you could do it here. I was told by staff that my interpretation is incorrect. That I can’t even do what’s allowed in the A2 district. I can only do what’s allowed on the Stipulation of Use. That may or may not be accurate. It doesn’t feel like that makes common sense to me. We have no desire to be a grocery so maybe if the thing is agricultural food products and produce but you can’t be a grocery store. We would put an asterisk and fix that. I don’t understand the concern and it’s not my intent whatsoever but I would like to be able to do what we’re doing. We do sell meat products. In fact we sell hotdogs and sometimes we have CSA’s and they have pork products and they have elk products and sometimes bison and they have people come to our garden center to pick them up. Mayor Laufenburger: What’s a CSA? Mark Halla: A Community Supported Agricultural program. That seems to be common. It’s very similar to the farmers market that’s happening right here. People bring in their agriculturally produced items, mostly from Carver County. We contract out our honey growing and most of it’s within 2 to 3 miles of here and we sell 200 pounds of honey a year. It’s not all produced on our site because the hives that we had all got killed by the golf course and their insecticides so we have other people producing the honey and we sell it as much as we can possibly produce. That’s a normal thing. I’d like to be able to continue doing that but it’s not on my list and it’s considered a food product. The rest of the items are all good. As far as alcohol, Mayor you mentioned that. We have catered events sometimes where we will have a ladies night or something like that and we have a caterer with a liquor license who’s allowed to serve alcohol. That I don’t believe is in violation and that’s something that we’ve been doing since as far as I remember. We don’t sell alcohol. We give away a glass of wine to ladies when they’re shopping. Sometimes two. Mayor Laufenburger: But you don’t do that. Mark Halla: We have a licensed caterer who is, were hired to come in and do that. We don’t have a liquor license. Mayor Laufenburger: Okay. Todd Gerhardt: …get a permit to serve alcohol and the A2 is not a permitted area to sell alcohol. Mark Halla: We don’t sell alcohol. I didn’t mean to intend that we sell alcohol. Well and maybe that’s the rule. If it says you can’t serve. My understanding is that if I want to go out with the guys and have a beer that it’s okay. Chanhassen City Council – October 22, 2018 79 Councilman McDonald: Can you give it away? Mark Halla: That’s what we’ve been doing so if that’s a violation then I hear. Todd Gerhardt: I said you can’t sell alcohol. I didn’t say you couldn’t have a beer on site. Mark Halla: No but I’m just saying if I, when we have our events and it’s served by a licensed person we’re not charging for it. But we still have someone that’s licensed to serve. Mayor Laufenburger: Alright. Mark Halla: And that’s not a common deal. Mayor Laufenburger: Any other comments? Mark Halla: No, thank you for hearing me out. Mayor Laufenburger: So your, do I understand correctly that you’re in support of the resolution with one exception and that is you would like to have agricultural products and produce as an acceptable item for sale. Mark Halla: That’s correct. Mayor Laufenburger: Everything else is acceptable? Mark Halla: Well let me just mention the food trucks. There’s two times a year that we’ve done food trucks. This year we did four. So four different times that we did food trucks. That’s where this all started. I want to give MacKenzie credit because he sent us a letter and said you’re not allowed to do food trucks. Very, very nice letter. Very professional. It wasn’t threatening. It was just like we’re not going to stop your event. We’re not going to be hard to deal with but come talk to us and let’s figure this out. I appreciated that. Mayor Laufenburger: And did he ask you to do an event permit? Mark Halla: Yeah. Well I came in and talked with him right and I was intending to meet with Kate and I thought we were going to talk through things. She got called away and we talked about and that’s when this all came up and he said well you’re not even allowed to sell food based on your Stipulation of Use. You’re not even allowed to sell food and I was like okay, I’m really confused then because I’ve been doing that a lot because I consider all these things food products so that was what stemmed me saying well maybe we need to go to the council as permitted by the Stipulation and ask for you to allow that. Chanhassen City Council – October 22, 2018 80 Mayor Laufenburger: So Mark. Mark Halla: The food trucks was asked by the way. Todd asked me to put that on my request because I didn’t feel the need to do that. I think that the food truck ordinance from what I heard from staff was that food trucks are not allowed on public property without an event permit. Mayor Laufenburger: Right. Mark Halla: My, I was told that that ordinance was not written very well and because it wasn’t written very well that the over arching goal of that ordinance was to prevent people from having food trucks without an event permit so even though it’s on private property with that food truck I needed to get an event permit. It’s not ever something I thought that I needed. Mayor Laufenburger: So when you started selling food what category of product on the permitted products list did you think food fell under? Mark Halla: I think that we believe that agricultural produce being sold from a garden center was never something we needed to address. I sell pumpkins right. By the Stipulation I don’t think pumpkins is listed. Mayor Laufenburger: So what I’m wondering is, and I don’t dispute that you have grown into some of these products since 1997 okay but what I’m wondering is, when you started selling products knowing that this stipulation agreement was in place, where’s the thought process that went through your mind that said well we can do this because it’s logical and common sense. Mark Halla: Yeah. Mayor Laufenburger: Even though it’s not necessarily on the… Mark Halla: So I’ll try to be really clear. Mayor Laufenburger: Please do. Mark Halla: My thought process was that we’re an agricultural business selling agricultural products. That doesn’t need to be listed. I don’t list the 800 varieties of perennials that I sell. We simply said we sell plants so that was my process is that I thought that the underlying zoning allowed us to do these things like any other farmer would and that it wasn’t an issue. Mayor Laufenburger: Do you sell feed for cattle? Mark Halla: We do. Not for cattle. For horses and chickens. Mayor Laufenburger: Okay. Chanhassen City Council – October 22, 2018 81 Mark Halla: And reindeer. Mayor Laufenburger: And that’s, you believe that’s included in these products? Mark Halla: I do. I think it’s absolutely included. We’re a licensed game farm. You’ll see the game farm products listed there. Yeah. Roger Knutson: Mayor just to be clear, the Stipulation says what’s listed on Exhibit B is it. He can’t sell anything that’s not on Exhibit B. Mayor Laufenburger: Right. Roger Knutson: That’s what this says. Mayor Laufenburger: That’s what the Stipulation Agreement says and that’s an agreement that’s been in place since 1997. Roger Knutson: Correct. Mayor Laufenburger: Has there been any attempt to modify it between 1997 and now? Mark Halla: We had no idea that we were considered in violation. Mayor Laufenburger: The answer is no. Mark Halla: No, absolutely not. Mayor Laufenburger: Right, okay. Alright. Mark Halla: And there’s no one to blame but me. I didn’t think I’d have to ask for a pop machine any more than I’d have to ask for pumpkins or honey or maple syrup. Mayor Laufenburger: Now you’re saying that you’re an agricultural products store. Mark Halla: I am. We’re licensed by the Department of Ag. Inspected by the Department of Ag. By the USDA as well as the Minnesota Department. Mayor Laufenburger: On the Exhibit B it says products for the installation, sales, care, maintenance and ornamentation of plants, lawns, animals and other landscape features. And then it identifies all of these things. Mark Halla: Yep. Chanhassen City Council – October 22, 2018 82 Mayor Laufenburger: And the miscellaneous items, plants or materials for the aesthetic practical improvement or use of indoor and outdoor living spaces. Mark Halla: Yeah the concern at the time of the Stipulation was that we were a retail store like a hardware store. Our total focus wasn’t on the agricultural items that we thought we had permission to sell without even asking for it. Our concern was are you going to make a deal if, or an issue out of us selling labels. Is that going to be a problem? Mayor Laufenburger: I’m anxious to hear what the other council members surmise from all of this but Mark this is, this is how I have kind of boiled this down. I believe that you sell products related to the landscape business. Landscape and agricultural business. That’s your number, that’s your business. You also want to market and promote your business. You want to do things to improve the experience that people have when they come onto your site to buy your products. Your landscape and you know maintenance, ornament, plants, lawns, animals and other landscape features. I get that and I want to support that. What I’m concerned about is that the experience that you’re, the quality of the experience that you want to provide people when they come onto buy your products, your landscape products and your agricultural products, that that now is becoming an expansion of your business. I fully support the creative marketing efforts that you have to hold events and stuff like that but when those events cross over the improving the experience while they’re buying all of those other products and they become the reason people come to your store such as, and I’m going to reference your list that you provided here just for a second. Religious, spiritual, personal events. Is a wedding an event that you’d like to have on your site? Mark Halla: No. Mayor Laufenburger: Okay. But it could, that could be considered a personal event right? Mark Halla: You were asking for a list, I was asked by staff to provide a list of events. My understanding of what an event is, under the rule of law in Chanhassen is very, very broad. We have Santa Claus Saturdays and Sundays. In the morning and in the evening. Mayor Laufenburger: Yep. Mark Halla: Is each of those an event? In the morning’s an event and the evening and the afternoon is an event or how about just Saturday or Sunday? Mayor Laufenburger: I think it was probably a weekend event but that. Mark Halla: Well I would like to think so. Mayor Laufenburger: Yeah. Chanhassen City Council – October 22, 2018 83 Mark Halla: That’s the list that I gave. If you want to look at it from a business side of things I have an event almost every single day right? I serve hot chocolate. I serve coffee. I serve tea. Mayor Laufenburger: You do that to improve the experience that people have when they’re coming to your store right? Mark Halla: Some of it is that we’ve been doing it since our inception because it’s just good business. Mayor Laufenburger: Right, it’s good business to make your business attractive so people enjoy coming to your business to buy the products that are sold in accordance with Exhibit B. Mark Halla: Correct. Mayor Laufenburger: Okay, alright. Well it appears that the only point of concern here is agricultural products and produce. Mark Halla: Agricultural food products and produce and I’m the one that added the agricultural because I thought it eliminated the concern that I would become a grocery store. I was trying to guess. I kept calling and saying tell me what your concern is because I just don’t get why agricultural produce is a big deal and I guess if you think I’m going to be a Lunds or a Byerlys, you know let’s write that I will not be a grocery store. That has, that’s no desire whatsoever. We’re not going to be a strip mall. Mayor Laufenburger: Yeah. Mark Halla: I love Mr. Knutson’s recommendation to change the zoning. If you just make me commercial this all goes away. Mayor Laufenburger: Council, what do you want to do? Councilman McDonald: Mr. Mayor? Okay I guess the, this is a tough one. Maybe not as tough as the one land use but it’s getting there. I guess the concerns I’ve got, I have to go back to the phone calls we got. That’s my biggest concern is why are people thinking you’re going to expand this business into something like Wall Drug Store which is everything in the world, whatever you can think of they added onto the original structure and now it’s a conglomerate of all kinds of products and that does attract people to get off the interstate but how, are you having events every weekend with like food trucks or your drawing people to the business? Explain to me what’s going on down there on the weekend that would get your neighbors a little concerned. Mark Halla: So I don’t think that the neighbors have been concerned, let me first say that. I don’t believe we’ve gotten one complaint from a neighbor, am I correct? Chanhassen City Council – October 22, 2018 84 Mayor Laufenburger: Well MacKenzie shared the comments that he got from phone calls. Mark Halla: Sorry, before this notice was sent about these products of which none of the neighbors expressed any concern about the products. They expressed some events. Have there been filed complaints with the City regarding our use? MacKenzie Walters: Not to my knowledge. Mark Halla: Mine either. No police reports. No issues. Our events. Right the whole food truck thing, starts out Mother’s Day weekend and the weekend before. We have food trucks on Sunday only. Not on Saturday. We do it on Sunday because traffic’s a little less and we also do a petting zoo and we bring in the children for the petting zoo and hopefully the parents spend some more time buying the stuff that we make money on. We added two food truck Fridays this year. Councilman McDonald: Well yeah, I’m not concerned about that. What I’m concerned about and it’s hard to put it into words because of the way we seem to have limited you with the agreement but it’s this expansion of business. That’s what I guess I don’t want to create something. You said the easiest way is just rezone it and become commercial. Well at that point yeah, you can do anything commercial down there and that’s not the intent of what we wanted. It was to kind of limit what your business is but yet at the same time there needs to be a recognition that you’ve got a very broad business. And in the process of doing that yes, you’ve got to have events to get people to come in. I understand all of that and what I wrestle with is, okay how do we make sure you don’t expand because if we allow all this what’s to say you don’t sell in a couple of years and someone else comes in and says ah, well I can do all of this. You know we’re going to tear all of this down. I’m going to put up a store and we’re going to go from there. That was never our intent. Our intent would be that okay it’s a garden center and yes within that a lot of this stuff, honey and all of that comes from gardens. I can make the connection. The Coke machine should have been a no brainer. I mean you can walk into almost any store in this city and they’ve got a Coke machine. I think that’s almost as common as a computer so that doesn’t trouble me as much and you know vending machines with snacks. How do we keep this from expanding and that’s the question I wrestle with and I don’t know if you can help me with an answer to that or not but I think that’s what staff is concerned about is that you know it’s the old elephant in the tent. First you start, or the camel in the tent. First you start with the nose and pretty soon the camel’s in the tent and you’re outside so that’s what I think we’re wrestling with here is okay it’s great you’ve got this business but. Mayor Laufenburger: Do you have camels? Kate Aanenson: Reindeer. Chanhassen City Council – October 22, 2018 85 Councilman McDonald: Well he’s got reindeer. Yeah I mean how we keep from this being expanded? Kate Aanenson: Can I make a suggestion if I may. Roger you know I’ll go back to the Mayor’s point. I’m just trying to throw out ideas here. So what the mayor had mentioned was you know your main business is landscaping, agricultural business which one of the permitted uses is the game farm and the animal and all that feed stuff. That’s all permitted. So if we go back to market and promotion of that, if we put in here some things that would support that and try to quantify that because we look at seasonal sales. That’s the pumpkins. That’s the gourds. We kind of quantify those seasonal sales. What you’re expecting. It might be holidays that we try to come up with some language kind of quantifying what those things would be. Work with you on that and just try to quantify what you are expecting on those weekends or those special events. Whatever those holidays are. Mark Halla: Yeah and I’m not arguing or fighting over the food truck thing. Councilman McDonald: Oh don’t worry about the food trucks. Mark Halla: Because that’s so minimal. Councilman McDonald: I think the food truck is covered. Just get a special event permit. Mark Halla: Right. Kate Aanenson: Right. Councilman McDonald: And there’s no problem. Mark Halla: So as far as expanding the actual business, I mean again these are things that we were selling. That’s why Kelly wrote that letter. In 1997 these product lines were all carried there. We simply missed getting them identified somehow in a category because of our own stupidity thinking that agricultural stuff was okay. MacKenzie I don’t know if you can pull up that plan that shows the R and the. Kate Aanenson: Yep. Mark Halla: All of those buildings, the only allowed expansion that I’m aware of is some additional greenhouses that aren’t existing so I don’t, every single thing that we would want to do if we were to expand would have to be coming before you just like I’m doing now and saying is this an acceptable expansion. I think other than the greenhouses that are approved for there but they’re not existing yet so that could be an expansion perhaps if you look at it that way. Chanhassen City Council – October 22, 2018 86 Kate Aanenson: So just going back to the CSA stuff, some of the honey. All that stuff which we would categorize as kind of supporting that, making that a sub-set. That we’d try to quantify those as, if that’s acceptable yeah. So that would be the pumpkins, the gourds, kind of that seasonal stuff. Try to find a category to kind of rework and to quantify that so we have a better understanding of what’s. Mayor Laufenburger: When you sell a hotdog, you don’t sell a hotdog to make money on the hotdog. You sell the hotdog so people come to the store and buy the hotdog. Enjoy the experience of buying landscape materials right? Mark Halla: Yes and we’ve had CSA people that come in and sell pork and they sell pork chops. Right? And that’s because we’re supporting their agriculture and people are coming to us to pick it up but those were the type of things. I’m coming to you because I want to be a man of integrity and if I need permission to have a pop machine then I need to come here and say may I have permission because if you read it literally I don’t have permission now and I’ve been in violation since 1997. So that’s why I’m coming to you saying can you help me get out of being in violation. I’ve been doing the same thing. I’m not asking for an expansion or to change anything. There was an understanding on what things are events or what aren’t and I never considered to having Santa Claus there was an event. Mayor Laufenburger: Well I wonder if going on your comments Kate, I wonder can we, Roger we can modify the Stipulation Agreement is that correct? Roger Knutson: That is correct. Mayor Laufenburger: Okay. So we could modify the Stipulation Agreement to say that these products can be sold as part of your business and these activities can be, are agreed to be permitted on site for purposes of marketing and attracting customers. Kate Aanenson: Yeah or tie them into the agricultural part yeah. Yeah because the other thing, the other way we do it is we allow seasonal sales. This goes back to the corn huts. When I first started here the Degler’s had all the corn huts. Mayor Laufenburger: Dimler’s. Kate Aanenson: Yep so we permitted those. We have Christmas tree lots in town. Those are all seasonal sales. We have people that sell produce on commercial lots in town but they get permission from the owners so we know how to do that. We just want to quantify that. I think we can figure that out. We just were looking for direction from the council on… Mayor Laufenburger: Well I think, and council members I’m trying to bring this to conclusion. I think what you’re hearing is this council wants to support Mr. Halla’s efforts for his business to thrive. Not for his business to expand to other areas but for his business to thrive so we like the Chanhassen City Council – October 22, 2018 87 idea of the items on B because that’s part of the agreement but we also like the notion that he should have the ability to do things to improve the experience of his shoppers, and by the way his employees. Not only do stores have pop machines but offices have pop machines for employees. I just, it feels like that’s what we’re looking for here is a way to give Mr. Halla an opportunity to increase the attractiveness and the traffic in his business and if he has a major event with a food truck or some other event that could impact the neighborhood, as Mr. McDonald has said, then we’d like to know about it. Mark Halla: And I’m totally okay with that. Mayor Laufenburger: Okay let’s, council members any comments of what you heard me say? Councilwoman Ryan: I agree. Councilwoman Tjornhom: I agree. Councilman McDonald: Yeah. Mayor Laufenburger: So I think we’re going to push this. Maryanne Halama: Mayor Denny, I’m a neighbor. I think. Mayor Laufenburger: In just a moment okay. Mark Halla: And she’s my sister and she loves me. Maryanne Halama: I’m a neighbor. Mark Halla: And she’s a neighbor. Mayor Laufenburger: The answer is yes you can. Maryanne, is that right? Maryanne Halama: Yes. Mayor Laufenburger: Come on up. Maryanne Halama: And yes I love you. Mark Halla: Thank you. Maryanne Halama: And I want you to thrive. Mayor Laufenburger: State your name and address for the record. Chanhassen City Council – October 22, 2018 88 Maryanne Halama: Yeah so Maryanne Halama. I’m at 670 Creekwood in Chaska, or that our mail goes through Chaska so I’m on the south side and so I have used Halla, Mustard Seed to redo my landscaping recently. It’s gorgeous and it was a lot of money and it’s amazing. I have gone to where there is a event. I’ve not gone to ladies night but you know where they have, you can go pet the animals. It brings families together and it’s fun and you know then we want to eat and then we want to drink and then we’re looking at you know what flowers we want to buy and it is I think another way to increase more things to do. You know when we go places we want to eat you know for example. So yeah I do think it I, I think everything on the list is, should be approved and accepted. I have you know I was born in 1968 and they’ve been in business since 1962. You know my, okay I’m also going to throw out there as far as concerns from neighbors, I decided to show up instead of write something. Traffic today at 5:15 it was all the way around the corner on 101 backed up because of the light at the bottom of the hill. It was backed up almost to the nursery that I could see out my window. Like wow, so I don’t think it’s going to be more traffic because there’s an event. You know there’s no farmers market every weekend for sure. There’s no strip mall. Yes I would encourage a rezoning of commercial. I’m going to throw that out there since it was brought up. I think you know what will it take to make him thrive because 101’s going to come through and it’s going to be a detriment. It’s going to be a hardship and please do what you can because you have the power. That’s what I’m asking for. And I am a neighbor and I’ve never had a problem with the Mustard Seed. Nothing. No complaints whatsoever. Mayor Laufenburger: Thank you Maryanne. Maryanne Halama: You’re welcome. Mayor Laufenburger: So I, getting back to what, I think what you’re hearing staff is we would like to see a Stipulation Agreement modified to reflect the ability for him to sell the products that support his current business but also give him the latitude to be creative and permit marketing activities that draw people to his attraction. Now we have to recognize that he is in A2 and there are some limitations associated with A2 but you have the spirit of what the council would like to see in the Stipulation Agreement and I would just ask you to work with Mr. Halla. Kate Aanenson: Yep we can work with them and then bring it back to you. Mayor Laufenburger: Alright so. Any other comments? Mr. Campion. Councilman Campion: I mean at some point in the future do, if the easiest thing to do is to update the stipulations that’s one thing but I mean how, how would we go about you know changing the zoning? I know he didn’t request that specifically tonight but. Mayor Laufenburger: Maryanne did. Chanhassen City Council – October 22, 2018 89 Councilman Campion: Right. You know but I want to support small businesses in town especially ones that have been around for a long time. He’s not looking to put up a casino or something like that from what I. Mark Halla: I hadn’t thought of that. Is that agricultural? Councilman Campion: But I just, I don’t want to be onerous on him and over regulate him and make him have to submit permits for things that are part of normal business. It just doesn’t make sense. It doesn’t seem like the way that we should act to small businesses that have been in town for a long, long time. Mark Halla: May I respond to that? Councilman Campion: Yeah. Mark Halla: Okay so I think I can trust Kate. I think she understands the spirit of this. I think that we can work out an annual permit of some sort to say these are the types of things that are just normal business marketing and they’re okay. So I feel confident that we can do that and if I have concerns you may have noticed I’m fairly forthright. I will let you know. Councilman Campion: Okay and if you’re comfortable with that I’m comfortable with that. Mark Halla: I feel like that’s good. I hope tonight we can at least add to this list of products and then if we need to talk about the event stuff we can sort that out. Councilman Campion: Okay. Mark Halla: But again Jerry to your point I’m not, it’s not we’re looking to expand or broaden stuff as much as say okay, I’m doing these things illegally right now. I’ll feel better if you know that I’m doing it and if you say no to it then I have to discern okay do I not sell pumpkins or produce or canned goods or maple syrup. It’s a whole lot nicer if you just say we don’t see an issue with those things. Mayor Laufenburger: What kind of personal care products do you sell? Mark Halla: So you’re talking about hand lotions. Right. Councilman McDonald: It’s bees. Mark Halla: What’d you say? Well sometimes you have, so you’ll have echaneous stuff. You’re going to have bug repellent. Some of that is natural. Some of it’s organic. Those are the types of things that you know how do you classify them right? It’s like when we said clothing and accessories. We never thought that oh my goodness we’re going to sell these little mustard Chanhassen City Council – October 22, 2018 90 seed earrings and now we have people who make our little mustard seed earrings but by rule if, I mean I suppose if it’s a gift it’s allowed but if it’s for yourself then maybe it’s not. Unless it’s a gift to yourself so the whole nuance of all that is well what do we do so that you don’t ever walk into the store, and that was the first thing I said is let’s walk through our store and tell me all of the things that you see that you don’t think I’m allow to sell so then we can say well how do we either figure out how to be allowed to sell them or no we don’t. Right? Can I sell an alpaca scarf that’s made you know by someone locally or can’t I? And I know that’s in clothing but that’s the kind of thing that I don’t feel like we’re doing anything that is really, should be an issue for anyone sitting here and if you were to come and look at the store you’d go I get it. Mayor Laufenburger: Yeah well we could go back to 1997 and redo it then but we have the wisdom on hind sight. What’s happened for the last 21 years and you know the circumstances that led up to this 1997 agreement we don’t need to deal with that. Mark Halla: No and that was the past and our relationship has so changed since then. It’s been a real. Mayor Laufenburger: Yeah and I’d say what you have here in this council is you have a council that wants you to be successful. We want to do what we can to help you be successful and clarity of what’s allowed and what’s not allowed or what’s allowed with a permit I think that all contributes to giving you the guardrails that you can operate under. Mark Halla: Totally agree. Mayor Laufenburger: So. Councilman McDonald: Mr. Mayor? Mayor Laufenburger: Go ahead Mr. McDonald. Councilman McDonald: Yeah the only comment I would make is, you know as I said I want you to be successful and thrive but I had some concerns but you know I’m fine with what Kate suggested and I really think that will help. The only thing I will ask about you is that okay, I don’t think you’re going to get your rezoning to commercial so. Mark Halla: I don’t think so either. Councilman McDonald: No I don’t think so. Mark Halla: I am not holding my breath. Councilman McDonald: But based upon you know the zoning you have I just want you to make sure you fully understand what that means and as part of this process of working with Kate Chanhassen City Council – October 22, 2018 91 please ask those questions so that we don’t have these problems in the future and that will help you, you know as far as a walk through about what I can and cannot do, if you understand what the zoning is and you bring that back you know with Kate and she can explain things as to why it can’t or why it could that will help everybody and I think we’ll arrive at a stipulation that should serve you quite well. Mark Halla: I agree. Mayor Laufenburger: Thank you Mr. Halla. Mark Halla: So are we going to approve any of these items tonight? Mayor Laufenburger: No. Mark Halla: Or are you saying we just work through it. Okay. Awesome, thank you for your time. Mayor Laufenburger: But it does, whatever comes back to us we have the authority to modify that stipulation agreement. Mark Halla: Right you can say yes or no to it. Mayor Laufenburger: Yep exactly so. Mark Halla: I get it, thank you. Mayor Laufenburger: Thank you Mr. Halla. Mark Halla: Appreciate it. Mayor Laufenburger: That concludes our new business. I know Mr. Oehme’s anxious to tell us about infiltration and inflow. Todd Gerhardt: We can table that to the next agenda. Mayor Laufenburger: Next work session? Okay. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Chanhassen City Council – October 22, 2018 92 Councilman McDonald moved, Councilwoman Ryan seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 10:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Receive Planning Commission Work Session Minutes dated October 16, 2018 Section CONSENT AGENDA Item No: E.2. Prepared By MacKenzie Walters, Assistant Planner File No: N/A PROPOSED MOTION “The City Council receives the Planning Commission Work Session minutes dated October 16, 2018.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Work Session Minutes dated October 16, 2018 CHANHASSEN PLANNING COMMISSION WORK SESSION SUMMARY MINUTES OCTOBER 16, 2018 Chairman Aller called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Randall, John Tietz, Nancy Madsen, Michael McGonagill, Mark Undestad MEMBERS ABSENT: Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Assistant Planner PUBLIC PRESENT: None NOTES: 1. MacKenzie Walters discussed the proposed floodplain ordinance and Flood Insurance Rate Map (FIRM) updates. a. Staff explained that the city needed to adopt new maps and update the existing floodplain ordinance by December 21, 2018 in order to remain in the National Flood Insurance Program. Staff noted that they intended to adopt a modified version of the Department of Natural Resources’ model ordinance. Staff mentioned that homeowners who are no longer shown as being located within the floodplain and those who may be incorrectly identified as being within the floodplain will receive letters clarifying how they can appeal their status. Staff clarified that the city did not make the determination of where the floodplain is or who is in it. This item will have a public hearing on November 20, 2018 and will go before the City Council on December 10, 2018. b. The Planning Commission asked if staff was aware of any plans to correct the known issue with Bluff Creek. i. Staff responded that there were no plans at this time, but that they may look into requesting a map amendment in the future. c. The Planning Commission asked why the floodplain’s extent had changed. i. Staff clarified that better data and new tools let agencies better understand and more accurately model the floodplain’s location. d. Nancy Madsen clarified how banks administer the government’s flood insurance requirements, and how outside firms that specialize in flood insurance typically determine who needs insurance and what appeals are required/accepted. The meeting was adjourned shortly before 7:00 p.m. Submitted by MacKenzie Walters, Assistant Planner g:\minutes\pc\2018\summary\october 16 work session notes.docx CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Resolution 2018­52: Authorize 2018 Fund Transfers, Creation of Park Replacement Fund, and Closure of Funds No Longer in Use Section CONSENT AGENDA Item No: E.3. Prepared By Greg Sticha, Finance Director File No:  PROPOSED MOTION “The City Council Adopts a Resolution Authorizing 2018 Fund Transfers, Creation of Park Replacement Fund, and Closure of Funds No Longer in Use.” Approval requires a Simple Majority Vote of members present. BACKGROUND Staff is including and recommending for council three transfers that will account for the creation of one fund and the closure of two other funds: 1. The 2017 audit is complete and the city's General Fund had a surplus of $479,886.  As the last installment of the park picnic shelter program is in need of $80,000, staff is recommending the transfer of that amount to the capital equipment replacement fund where the shelters are being paid for. During 2018, a parks master plan study was completed and part of the study indicated the need to create an annual park replacement program to replace various playgrounds and other amenities in our parks.  Staff had discussions with the city council and presented a schedule that would replace $250,000/year.  At this point in time, staff is recommending the creation of a park replacement fund and the transfer of the remaining General Fund surplus of $399,886 for the creation of this fund. 2. Staff is also recommending the transfer of $485,059 from the Old Public Works Building fund to the capital equipment replacement fund.  This fund was created from the lease and eventual sale of the old public works building.  Since its inception, this fund has paid for a fire department Mini Pumper and the 2018 Ladder truck.  Staff is recommending the remaining funds be applied to the purchase of the replacement of a fire department engine in 2019 which will be a total cost of approximately $600,000. 3. Lastly, staff is recommending the transfer and closure of  $107,147.96 in the 2008A GO Capital Improvement Bonds (Public Works Building) to the 2016A Refunding Bonds.  These bonds were refunded in 2016 at a better interest rate and all remaining funds of the original issuance should be transferred to the new fund to be used towards the remaining payments. CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectResolution 2018­52: Authorize 2018 Fund Transfers, Creation of Park Replacement Fund, andClosure of Funds No Longer in UseSectionCONSENT AGENDA Item No: E.3.Prepared By Greg Sticha, Finance Director File No: PROPOSED MOTION“The City Council Adopts a Resolution Authorizing 2018 Fund Transfers, Creation of Park Replacement Fund, andClosure of Funds No Longer in Use.”Approval requires a Simple Majority Vote of members present.BACKGROUNDStaff is including and recommending for council three transfers that will account for the creation of one fund and theclosure of two other funds:1. The 2017 audit is complete and the city's General Fund had a surplus of $479,886.  As the last installment ofthe park picnic shelter program is in need of $80,000, staff is recommending the transfer of that amount to thecapital equipment replacement fund where the shelters are being paid for.During 2018, a parks master plan study was completed and part of the study indicated the need to create anannual park replacement program to replace various playgrounds and other amenities in our parks.  Staff haddiscussions with the city council and presented a schedule that would replace $250,000/year.  At this point intime, staff is recommending the creation of a park replacement fund and the transfer of the remaining GeneralFund surplus of $399,886 for the creation of this fund.2. Staff is also recommending the transfer of $485,059 from the Old Public Works Building fund to the capitalequipment replacement fund.  This fund was created from the lease and eventual sale of the old public worksbuilding.  Since its inception, this fund has paid for a fire department Mini Pumper and the 2018 Ladder truck. Staff is recommending the remaining funds be applied to the purchase of the replacement of a fire departmentengine in 2019 which will be a total cost of approximately $600,000.3. Lastly, staff is recommending the transfer and closure of  $107,147.96 in the 2008A GO Capital ImprovementBonds (Public Works Building) to the 2016A Refunding Bonds.  These bonds were refunded in 2016 at a better interest rate and all remaining funds of the original issuance should be transferred to the new fund to be used towards the remaining payments. ATTACHMENTS: Resolution 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 13, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING 2018 FUND TRANSFERS, CREATION OF PARK REPLACEMENT FUND, AND CLOSURE OF FUNDS NO LONGER IN USE WHEREAS, the city’s auditors have completed the 2017 Financial Audit. Staff has identified the General Fund Surplus as of December 31, 2017 to be $479,886 and recommends the transfer of $80,000 to the capital equipment replacement fund, and the remaining $399,886 to be used for the creation of a park replacement fund; and WHEREAS, the city no longer has a need to account for the old Public Works building as it has been sold. Staff recommends the transfer of the remaining funds of $485,059.13 to the capital equipment replacement fund for the eventual purchase of a fire engine in 2019. Staff also recommends the closure of the old Public Works Building Fund after the transfer is complete; and WHEREAS, the city refunded the 2008A GO Capital improvement bonds for the new Public Works Building in 2016. Staff is recommending the transfer of $107,147.96 from and closure of the 2008A GO Capital Bond Fund to the 2016A GO Refunding Bond Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota, as follows: 1. Authorization: The City Council hereby authorizes the Finance Director to close the following funds as shown: Fund Name Fund Number 2008A GO Capital Improvement Bond Fund 367 Old Public Works Building Fund 422 2. Authorization: The City Council hereby authorizes the Finance Director to transfer the following amounts as shown: From Fund To Fund Amount 101 General Fund 400 $80,000.00 101 General Fund 401 $399,886.00 422 Old PW Building 400 $485,059.13 367 2008A GO Capital BD 370 $107,147.96 2 3. Authorization: The City Council hereby authorizes the Finance Director to create a Park Replacement Fund as shown: Fund Name Fund Number Park Replacement Fund 401 Passed and adopted by the Chanhassen City Council this 13th day of November, 2018. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Resolution 2018­53: Orchard Lane Area Street & Utility Reconstruction Project­Approve Plans & Specifications and Authorize Advertisement for Bids Section CONSENT AGENDA Item No: E.4. Prepared By Paul Oehme, Dir. of Public Works/City Engineer File No: Project No. 2018­01 PROPOSED MOTION “The City Council adopts a resolution approving the plans and specifications and authorizing advertisement for bids for the 2018 Street Reconstruction Project No. 18­01.” Approval requires a Majority Vote of the entire council. BACKGROUND On March 13, 2017, the City Council approved a consultant contract for the 2018 Street Reconstruction Project. On October 8, 2018, the City Council accepted the feasibility study and ordered the public hearing. On October 18, 2018, city and WSB staff held a neighborhood meeting for the proposed project. On October 22, 2018, the City Council held the public hearing and authorized the preparation of plans and specifications. DISCUSSION Every year the city considers streets that are in poor condition to be rehabilitated or reconstructed.For the 2018 Street Reconstruction Project, staff is proposing to make improvements to approximately 0.7 miles of streets.The street segments within the proposed project were identified by the city’s Pavement Management software, site investigations, and utility problems in the area. The proposed project is in the Orchard Lane neighborhood in the northwest corner of the city. Sixty­fourth (64th) Street was constructed in 1988 and was sealcoated in 1995 and 1999.All other streets were generally constructed in 1974 and were sealcoated in 1995 and 1999.The pavement condition indices (PCIs) are shown on the graphic below.A PCI of 100 represents a new street.Streets with a PCI below 45 typically indicate distresses that require a full reconstruction; therefore, it is no longer cost effective to repair the streets with minor maintenance or perform a bituminous overlay. CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectResolution 2018­53: Orchard Lane Area Street & Utility Reconstruction Project­Approve Plans& Specifications and Authorize Advertisement for BidsSectionCONSENT AGENDA Item No: E.4.Prepared By Paul Oehme, Dir. of Public Works/CityEngineer File No: Project No. 2018­01PROPOSED MOTION“The City Council adopts a resolution approving the plans and specifications and authorizing advertisement for bidsfor the 2018 Street Reconstruction Project No. 18­01.”Approval requires a Majority Vote of the entire council.BACKGROUNDOn March 13, 2017, the City Council approved a consultant contract for the 2018 Street Reconstruction Project.On October 8, 2018, the City Council accepted the feasibility study and ordered the public hearing.On October 18, 2018, city and WSB staff held a neighborhood meeting for the proposed project.On October 22, 2018, the City Council held the public hearing and authorized the preparation of plans andspecifications.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed.For the 2018Street Reconstruction Project, staff is proposing to make improvements to approximately 0.7 miles of streets.Thestreet segments within the proposed project were identified by the city’s Pavement Management software, siteinvestigations, and utility problems in the area.The proposed project is in the Orchard Lane neighborhood in the northwest corner of the city.Sixty­fourth (64th) Street was constructed in 1988 and was sealcoated in 1995 and 1999.All other streets weregenerally constructed in 1974 and were sealcoated in 1995 and 1999.The pavement condition indices (PCIs) areshown on the graphic below.A PCI of 100 represents a new street.Streets with a PCI below 45 typically indicatedistresses that require a full reconstruction; therefore, it is no longer cost effective to repair the streets with minor maintenance or perform a bituminous overlay. The street widths vary between 20 feet and 26 feet within 30­foot up to 60­foot wide of rights­of­way.The drivable portion of the streets (i.e. the bituminous surface and the concrete gutter) is proposed to be the same as the existing widths. Sixty­fourth (64th) Street has curb and gutter.These streets are somewhat newer than the other streets and show less distress.However, the street area is significantly block cracked and major maintenance is needed at this time.An overlay would prolong the life of the street; however, the street will show the reflective cracks soon after the street is paved.The street is proposed for a partial reconstruction which would include reclaiming the existing roadway, removing some of the subgrade, placing 10 inches of reclaimed material as aggregate base matching the existing section, spot curb and gutter replacement, and placing new 4­inch bituminous surfacing. All other streets are proposed to be fully reconstructed.The proposed pavement section includes 18 inches of sand, 10 inches of Class 5, and 4 inches of bituminous as recommended by the soils engineer.Surmountable curb is proposed to be installed in this area.Drain tile is proposed to be added behind the curb.  Water Main Improvements The water main in this area is either cast iron or ductile iron pipe.Sixty­fourth (64th) Street is the only area with ductile iron pipe that is not proposed to be replaced.One documented water main break is shown on the graphic below.Due to the poor performance of cast iron pipe in the city, staff is proposing to replace the cast iron pipe with PVC water main. All services would also be replaced where water main is being replaced. CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectResolution 2018­53: Orchard Lane Area Street & Utility Reconstruction Project­Approve Plans& Specifications and Authorize Advertisement for BidsSectionCONSENT AGENDA Item No: E.4.Prepared By Paul Oehme, Dir. of Public Works/CityEngineer File No: Project No. 2018­01PROPOSED MOTION“The City Council adopts a resolution approving the plans and specifications and authorizing advertisement for bidsfor the 2018 Street Reconstruction Project No. 18­01.”Approval requires a Majority Vote of the entire council.BACKGROUNDOn March 13, 2017, the City Council approved a consultant contract for the 2018 Street Reconstruction Project.On October 8, 2018, the City Council accepted the feasibility study and ordered the public hearing.On October 18, 2018, city and WSB staff held a neighborhood meeting for the proposed project.On October 22, 2018, the City Council held the public hearing and authorized the preparation of plans andspecifications.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed.For the 2018Street Reconstruction Project, staff is proposing to make improvements to approximately 0.7 miles of streets.Thestreet segments within the proposed project were identified by the city’s Pavement Management software, siteinvestigations, and utility problems in the area.The proposed project is in the Orchard Lane neighborhood in the northwest corner of the city.Sixty­fourth (64th) Street was constructed in 1988 and was sealcoated in 1995 and 1999.All other streets weregenerally constructed in 1974 and were sealcoated in 1995 and 1999.The pavement condition indices (PCIs) areshown on the graphic below.A PCI of 100 represents a new street.Streets with a PCI below 45 typically indicatedistresses that require a full reconstruction; therefore, it is no longer cost effective to repair the streets with minormaintenance or perform a bituminous overlay.The street widths vary between 20 feet and 26 feet within 30­foot up to 60­foot wide of rights­of­way.The drivableportion of the streets (i.e. the bituminous surface and the concrete gutter) is proposed to be the same as the existingwidths.Sixty­fourth (64th) Street has curb and gutter.These streets are somewhat newer than the other streets and show lessdistress.However, the street area is significantly block cracked and major maintenance is needed at this time.Anoverlay would prolong the life of the street; however, the street will show the reflective cracks soon after the street ispaved.The street is proposed for a partial reconstruction which would include reclaiming the existing roadway,removing some of the subgrade, placing 10 inches of reclaimed material as aggregate base matching the existingsection, spot curb and gutter replacement, and placing new 4­inch bituminous surfacing.All other streets are proposed to be fully reconstructed.The proposed pavement section includes 18 inches of sand,10 inches of Class 5, and 4 inches of bituminous as recommended by the soils engineer.Surmountable curb isproposed to be installed in this area.Drain tile is proposed to be added behind the curb. Water Main ImprovementsThe water main in this area is either cast iron or ductile iron pipe.Sixty­fourth (64th) Street is the only area with ductileiron pipe that is not proposed to be replaced.One documented water main break is shown on the graphic below.Due tothe poor performance of cast iron pipe in the city, staff is proposing to replace the cast iron pipe with PVC water main. All services would also be replaced where water main is being replaced. Sanitary Sewer Improvements Staff has investigated and televised the condition of the sanitary sewer in this area.Approximately 460 feet of sewer is proposed to be replaced due to the condition of the pipe.The remaining sewer pipe is in good structural condition, although some require mineral removal, grouting, and/or lining to reduce the incidence of inflow and infiltration.These minor repair areas are also proposed to be fixed at this time. Storm Sewer Improvements This area has very little stormwater infrastructure.  Using the Surface Water Management Plan, a new storm sewer system is proposed for the project area.  Based on a hydrologic analysis, there is a need for catch basins and storm sewer to transition from rural sections to urban sections and to tie into the existing public storm sewer on the easterly end of the project area.  The system will be comprised of reinforced concrete pipe (RCP). Stormwater quality improvement options have been identified along with estimated costs, and treatment efficiencies for two different potential water quality treatment options to provide improved conveyance and stormwater treatment. The proposed options would implement stormwater measures to provide treatment to reduce both phosphorous and total suspended solids while still providing conveyance and rate control.  Though several options were reviewed for feasibility, the limited public land available, topography and narrow right­of­way in this area limits the options for stormwater improvements.  Easements may be required depending on the specific option(s) chosen.   The specific water quality Best Management Practices (BMPs) recommended for consideration are: 1. Rain gardens at 2500 and 2630 Orchard Lane at the existing low point. 2. Adding a drainage swale on the city property at Herman Field Park. Feasibility Report The feasibility report was prepared by WSB and Associates.  A copy of the feasibility report is available in the Engineering Department. An open house was held on Wednesday, July 12, 2017 to discuss the proposed project and to answer questions; approximately 30 people attended.All of the residents' questions were answered at the meeting and/or with a follow­ up after the meeting. Another open house was held on October 18, 2018. PROJECT FUNDING Assessments will be based on the city’s assessment practice of assessing 40% of the street improvement cost to the CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectResolution 2018­53: Orchard Lane Area Street & Utility Reconstruction Project­Approve Plans& Specifications and Authorize Advertisement for BidsSectionCONSENT AGENDA Item No: E.4.Prepared By Paul Oehme, Dir. of Public Works/CityEngineer File No: Project No. 2018­01PROPOSED MOTION“The City Council adopts a resolution approving the plans and specifications and authorizing advertisement for bidsfor the 2018 Street Reconstruction Project No. 18­01.”Approval requires a Majority Vote of the entire council.BACKGROUNDOn March 13, 2017, the City Council approved a consultant contract for the 2018 Street Reconstruction Project.On October 8, 2018, the City Council accepted the feasibility study and ordered the public hearing.On October 18, 2018, city and WSB staff held a neighborhood meeting for the proposed project.On October 22, 2018, the City Council held the public hearing and authorized the preparation of plans andspecifications.DISCUSSIONEvery year the city considers streets that are in poor condition to be rehabilitated or reconstructed.For the 2018Street Reconstruction Project, staff is proposing to make improvements to approximately 0.7 miles of streets.Thestreet segments within the proposed project were identified by the city’s Pavement Management software, siteinvestigations, and utility problems in the area.The proposed project is in the Orchard Lane neighborhood in the northwest corner of the city.Sixty­fourth (64th) Street was constructed in 1988 and was sealcoated in 1995 and 1999.All other streets weregenerally constructed in 1974 and were sealcoated in 1995 and 1999.The pavement condition indices (PCIs) areshown on the graphic below.A PCI of 100 represents a new street.Streets with a PCI below 45 typically indicatedistresses that require a full reconstruction; therefore, it is no longer cost effective to repair the streets with minormaintenance or perform a bituminous overlay.The street widths vary between 20 feet and 26 feet within 30­foot up to 60­foot wide of rights­of­way.The drivableportion of the streets (i.e. the bituminous surface and the concrete gutter) is proposed to be the same as the existingwidths.Sixty­fourth (64th) Street has curb and gutter.These streets are somewhat newer than the other streets and show lessdistress.However, the street area is significantly block cracked and major maintenance is needed at this time.Anoverlay would prolong the life of the street; however, the street will show the reflective cracks soon after the street ispaved.The street is proposed for a partial reconstruction which would include reclaiming the existing roadway,removing some of the subgrade, placing 10 inches of reclaimed material as aggregate base matching the existingsection, spot curb and gutter replacement, and placing new 4­inch bituminous surfacing.All other streets are proposed to be fully reconstructed.The proposed pavement section includes 18 inches of sand,10 inches of Class 5, and 4 inches of bituminous as recommended by the soils engineer.Surmountable curb isproposed to be installed in this area.Drain tile is proposed to be added behind the curb. Water Main ImprovementsThe water main in this area is either cast iron or ductile iron pipe.Sixty­fourth (64th) Street is the only area with ductileiron pipe that is not proposed to be replaced.One documented water main break is shown on the graphic below.Due tothe poor performance of cast iron pipe in the city, staff is proposing to replace the cast iron pipe with PVC water main.All services would also be replaced where water main is being replaced.Sanitary Sewer ImprovementsStaff has investigated and televised the condition of the sanitary sewer in this area.Approximately 460 feet of sewer isproposed to be replaced due to the condition of the pipe.The remaining sewer pipe is in good structural condition,although some require mineral removal, grouting, and/or lining to reduce the incidence of inflow and infiltration.Theseminor repair areas are also proposed to be fixed at this time.Storm Sewer ImprovementsThis area has very little stormwater infrastructure.  Using the Surface Water Management Plan, a new storm sewersystem is proposed for the project area.  Based on a hydrologic analysis, there is a need for catch basins and stormsewer to transition from rural sections to urban sections and to tie into the existing public storm sewer on the easterlyend of the project area.  The system will be comprised of reinforced concrete pipe (RCP).Stormwater quality improvement options have been identified along with estimated costs, and treatment efficiencies fortwo different potential water quality treatment options to provide improved conveyance and stormwater treatment.The proposed options would implement stormwater measures to provide treatment to reduce both phosphorous andtotal suspended solids while still providing conveyance and rate control.  Though several options were reviewed forfeasibility, the limited public land available, topography and narrow right­of­way in this area limits the options forstormwater improvements.  Easements may be required depending on the specific option(s) chosen.  The specific water quality Best Management Practices (BMPs) recommended for consideration are:1. Rain gardens at 2500 and 2630 Orchard Lane at the existing low point.2. Adding a drainage swale on the city property at Herman Field Park.Feasibility ReportThe feasibility report was prepared by WSB and Associates.  A copy of the feasibility report is available in theEngineering Department.An open house was held on Wednesday, July 12, 2017 to discuss the proposed project and to answer questions;approximately 30 people attended.All of the residents' questions were answered at the meeting and/or with a follow­up after the meeting.Another open house was held on October 18, 2018. PROJECT FUNDING Assessments will be based on the city’s assessment practice of assessing 40% of the street improvement cost to the benefitting properties on a per lot basis.  The assessments would be proposed for a 10­year term at an interest rate of prime rate plus 2% at the time the contract is awarded. Budgets for the proposed work have been included in the 2017 CIP.  The feasibility estimate has been updated and is shown with the CIP budget below: Funding Source Cost Estimate Revolving Assessment Fund $ 1,254,000 Stormwater Utility Fund $ 358,000 Sanitary Sewer Utility Fund $182,000 Water Utility Fund $502,000 Total $2,296,000 The estimated costs include 5% contingency and 11% indirect costs. Estimated Assessments (Orchard Lane, Forest Circle, Forest Lane, and Oriole Ave): Total estimated assessable street costs:  $784,811.32 40% assessed:  40% of $784,811.32 = $313,924.53 36 assessable units $313,924.53 ÷ 36 units = $8,720.13/unit** Estimated Assessments for 64th Street: Total estimated assessable street costs:  $112,747.03 40% assessed:  40% of $112,747.03 = $45,098.81 12 assessable units $45,098.81 ÷ 12 units = $3,758.23/unit** SCHEDULE The proposed project schedule is as follows: Neighborhood Meeting (Completed)October 18, 2018 Public Hearing; Authorize Preparation of Plans and Specifications (Completed)October 22, 2018 Approve Plans and Specifications; Authorize Advertisement for Bids November 13, 2018 Call Assessment Hearing January 14, 2019 Assessment Hearing; Accept Bids and Award Contract January 28, 2019 Start Construction April, 2019 Construction Substantially Complete September, 2019 ATTACHMENTS: Resolution CIP Sheets CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 13, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS FOR THE 2018 STREET RECONSTRUCTION (ORCHARD LANE) PROJECT NO. 18-01 WHEREAS, pursuant to the resolution passed by the Council on October 22, 2018, the City Engineer has prepared plans and specifications for the 2018 Street Reconstruction (Orchard Lane Area) Project and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council: 1. Such plans and specifications, a copy of which can be reviewed at the office of the City Engineer, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official city newspaper and QuestCDN.com, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The ad shall be published at least three times, shall specify the work to be done, shall state that bids will be opened and that the responsibility of the bidders will be considered by the Council at 7:00 PM on Monday, January 28, 2019, for the 2018 Street Reconstruction (Orchard Lane Area) Project No. 18-01, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a bid security payable to the clerk for 5% of the amount of such bid. Passed and adopted by the Chanhassen City Council this 13th day of November, 2018. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT 74 82 94 109 CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Award Banking Services Contract Section CONSENT AGENDA Item No: E.5. Prepared By Greg Sticha, Finance Director File No: ADM­074 PROPOSED MOTION “The City Council awards a three­year banking services contract to Americana Community Bank starting January 1, 2019.” Approval requires a Simple Majority Vote of members present. BACKGROUND Every three years, the city solicits Requests For Proposals (RFPs) for its banking services contract.Currently, the city is under contract with BMO Bank.Prior to the current contract, the city was under contract with Americana Community Bank.RFPs were sent out in August and reviewed in October.Five banks submitted proposals: Americana Community Bank, BMO, Bremer Bank, US Bank, and Wells Fargo.A summary of their proposals based on financial impact is provided on the attached spreadsheet. All five of the proposals contained satisfactory terms and product services including pledged collateral, online banking products, deposit cutoff, ACH cutoff, and Wire cutoff times.  The Americana proposal differentiated itself based on net financial impact to the city.  After a follow­up interview with Americana representatives, staff feels comfortable recommending the approval of a three­year banking services contract with Americana Community Bank. RECOMMENDATION Staff recommends awarding a three­year banking services contract to Americana Community Bank starting January 1, 2019. ATTACHMENTS: Financial Analysis Bank Estimated Annual Fees Est Annual Int Earned BMO **11,654$ Wells Fargo 11,599$ 55,956$ Americana ++1,584$ 69,000$ US Bank 12,624$ 60,000$ Bremer Bank 18,381$ 18,381$ ** BMO - first 150K in Balances used .65 ECR to offset fees, rest at 1.50% ++ - Americana proposal is 90 day treasury plus 10bps, time of analysis 90 day at 2.2% Bank RFP Cost Analysis Net Financial Impact 42,750$ 44,357$ 67,416$ 47,376$ -$ ++ - Americana proposal is 90 day treasury plus 10bps, time of analysis 90 day at 2.2% CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Resolution 2018­54 Amending Halla Stipulation Agreement Section CONSENT AGENDA Item No: E.6. Prepared By MacKenzie Walters, Assistant Planner File No: LIT 1994­01 PROPOSED MOTION “The Chanhassen City Council approves the resolution authorizing additional uses and additional retail sales for Halla Nursery, Inc.” Approval requires a Simple Majority Vote of members present. SUMMARY Mr. Halla is requesting that the City Council amend and update the 1997 stipulation agreement that governs the use of the subject property. The request is to add additional items to Exhibit “B” – Permitted Products – of the stipulation agreement. These items are accessories, pre­packaged snacks and non­alcoholic beverages, incidental food/non­ alcoholic beverages, handicrafts, personal care products, and gifts and decorations. The proposed change would also add temporary events and seasonal sales, subject to the requirements of Section 20­964 of the City Code, to the list of permitted uses for the subject property listed in paragraph 1 of the stipulation agreement. A memorandum of understanding is also included which serves to clarify the intent of both parties in modifying the stipulation agreement. Staff supports Mr. Halla’s requested modifications to the stipulation agreement. BACKGROUND This item came before the City Council on October 22, 2018. The City Council tabled the item and directed staff to work with Mr. Halla to modify the stipulation agreement in such a way as to allow for him to promote his business and enhance the customer experience, and provide for the sale of items generally available at retail garden centers, but not currently listed in the stipulation agreement.  The Community Development Director and the Assistant Planner met with Mr. Halla at the Mustard Seed to discuss modifications to the agreement. The use of the property is governed by a 1997 court stipulation agreement that is binding to both parties. The stipulation explicitly lists what buildings are allowed on the property, what the different areas of the property may be used for, and what products may be sold and where they may be sold. It also specifies that the property is subject to the requirements of the city’s zoning ordinance, except for as detailed in the stipulation agreement. The stipulation agreement allows for uses not listed in the stipulation agreement to be added, if approved by the City CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectResolution 2018­54 Amending Halla Stipulation AgreementSectionCONSENT AGENDA Item No: E.6.Prepared By MacKenzie Walters, Assistant Planner File No: LIT 1994­01PROPOSED MOTION“The Chanhassen City Council approves the resolution authorizing additional uses and additional retail sales for HallaNursery, Inc.”Approval requires a Simple Majority Vote of members present.SUMMARYMr. Halla is requesting that the City Council amend and update the 1997 stipulation agreement that governs the use ofthe subject property. The request is to add additional items to Exhibit “B” – Permitted Products – of the stipulationagreement. These items are accessories, pre­packaged snacks and non­alcoholic beverages, incidental food/non­alcoholic beverages, handicrafts, personal care products, and gifts and decorations. The proposed change would alsoadd temporary events and seasonal sales, subject to the requirements of Section 20­964 of the City Code, to the listof permitted uses for the subject property listed in paragraph 1 of the stipulation agreement.A memorandum of understanding is also included which serves to clarify the intent of both parties in modifying thestipulation agreement.Staff supports Mr. Halla’s requested modifications to the stipulation agreement.BACKGROUNDThis item came before the City Council on October 22, 2018. The City Council tabled the item and directed staff towork with Mr. Halla to modify the stipulation agreement in such a way as to allow for him to promote his business andenhance the customer experience, and provide for the sale of items generally available at retail garden centers, but notcurrently listed in the stipulation agreement.  The Community Development Director and the Assistant Planner met withMr. Halla at the Mustard Seed to discuss modifications to the agreement.The use of the property is governed by a 1997 court stipulation agreement that is binding to both parties. Thestipulation explicitly lists what buildings are allowed on the property, what the different areas of the property may beused for, and what products may be sold and where they may be sold. It also specifies that the property is subject tothe requirements of the city’s zoning ordinance, except for as detailed in the stipulation agreement. The stipulation agreement allows for uses not listed in the stipulation agreement to be added, if approved by the City Council. The agreement requires the prior written approval of the city for the expansion or relocation of buildings and outdoor areas where sales are permitted. Finally, the agreement requires the prior written consent of the city in order to add items to the list of permitted products. The full text of the stipulation agreement is provided as an attachment. DISCUSSION Staff met with Mr. Halla on October 25, 2018. Both parties agreed that the stipulation agreement should be modified to include the requested items, and that the city's temporary event and seasonal sales permits could provide a reasonable mechanism for allowing activities that promote the business and enhance the customer experience. Both parties also agreed to a memorandum of understanding which would add clarity to the intentions behind the resolution modifying the stipulation agreement. RECOMMENDATION Staff recommends that the City Council approve the attached resolution authorizing additional uses and additional retail sales for the property. ATTACHMENTS: City Council Staff Report dated October 22, 2018 with Changes for November 13, 2018 Stipulation Agreement A­2 Zoning List of Mustard Seed Annual Events Resolution Memorandum of Understanding Note: New text is in bold and delated language is in strikethrough MEMORANDUM TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: October 22, 2018 November 13, 2018 SUBJ: Additional Use and Additional Retail Sales for Halla Nursery, Inc. PROPOSED MOTION: “The Chanhassen City Council approves the resolution authorizing an additional uses and additional retail sales for Halla Nursery, Inc.” PROPOSAL Mr. Halla is requesting that the City Council amend and update the 1997 stipulation agreement that governs the use of the subject property. The request is to add additional items to Exhibit “B” - Permitted Products of the stipulation agreement. The existing list of permitted products is presented below in black text with Mr. Halla’s proposed additions listed in red. For new items, staff has included proposed location restrictions in black text that reflect the restrictions placed on similar items in the existing list of permitted products. Exhibit “B”- Permitted Products Products for the installation, sales, care, maintenance and ornamentation of plants, lawns, animals and other landscape features (1, 2, 3, 4). Fertilizers (1, 2) Patio Products (1, 2) Herbicides (1) Ornamental Items (1, 2) Fungicides (1) Water Products (1, 2) Bird Supplies (1) Bulk Soils (2) Bird Feeders (1, 4) Bagged Mulches (1, 2) Bird Houses (1, 4) Bulk Mulches (2) Bird Baths (1, 2, 4) Bagged Soil (1, 2) Weed Barrier Fabric and Pins (1,2) Site Furniture (1, 2) Power and Hand Tools (1) Consultations (1, 2, 3) Seeds (1) Gauges (1) Spreaders (1) Twine (1) Watering Equipment (1,2) Poly (1) Todd Gerhardt Mustard Seed (Halla Nursery): Additional Use and Retail Sales October 22, 2018 Page 2 Informational Text (1) Cloth and Netting (1) Ponds (1, 2, 3, 4) Plant Supports (1, 4) Statuary (1, 2, 3, 4) Fountains (1, 2, 4) Fencing (1, 2) Fish and Water Plans (1, 2, 4) Trellises (1, 2, 3, 4) Straw/Marsh Hay (2) Gazebos (1, 2, 3) Labels (1) Lighting (1, 3) Birds (1, 2) Christmas Trees and Accessories (1, 2, 4) Landscape Designs (2, 3) Bulbs (1) Labor (2, 3) Clothing and Accessories (1, 2, 4) Maintenance (2, 3) Pesticides (1) Snow Plowing (2, 3) Chimes (1, 2, 4) Installations (2, 3) Pottery (1, 2, 4) Construction (2, 3) Animal Repellents (1) Reconstruction (2, 3) Sod (2) Removal (2, 3) Wood Ties (2) Delivery (1, 2, 3) Tool and Equipment Rental (1, 2, 3) Boulders (2) Soil Amendments (1, 2, 3) Sand (2) Tree, Shrub & Plant Materials (1, 2, 3, 4) Edging (1, 2) Insurance/Damage Evaluations (1,3) Structures (1, 2) Gift Certificates (1, 3) Outdoor Living Accessories (1, 2, 3, 4) Game/Farm Animals and Supplies (1, 2, 4) Playground Equipment (1, 2) Retaining Wall Products (2) Drain Tile and Accessories (1, 2) Food/Drinks/Snacks Pre-packaged snacks and non-alcoholic beverages (1, 2, 4) Personal Care Products (1, 2, 4) Handicrafts (1, 2, 4) Gifts and Decorations (1, 2, 4) Food Trucks (2)* Incidental food/non-alcoholic beverages (1, 2, 4) Miscellaneous items, plants or materials for the aesthetic, practical, improvement, or use of indoor and outdoor living spaces (1, 2, 3, 4). 1) Indoor sales from the garden center. 2) Outdoor sales. 3) Indoor sales form the office. 4) Sales from the greenhouses identified as Buildings C & E on Exhibit A. * The asterisk on food trucks would then correspond to our annual events as per attached (Mustard Seed Annual Events Described 6-5-18). Paragraph 1 of the stipulation agreement would also be modified to add: Todd Gerhardt Mustard Seed (Halla Nursery): Additional Use and Retail Sales October 22, 2018 Page 3 “i. Temporary outdoor events, subject to the requirement of Sec. 20-964 of the City Code and the receipt of a temporary outdoor event permit from the City. ii. Seasonal sales, subject to the requirement of Sec. 20-964 of the City Code and the receipt of a seasonal sales permit from the City.” to the list of permitted uses. ANALYSIS Issue 1: Stipulation Agreement (Brief) The use of the property is governed by a 1997 Court Stipulation agreement that is binding to both parties. The stipulation agreement explicitly lists what buildings are allowed on the property, what the different areas of the property may be used for, and what products may be sold and where they may be sold. It also specifies that the property is subject to the requirements of the city’s zoning ordinance, except for as detailed in the stipulation agreement. The stipulation agreement allows for uses not listed in the stipulation agreement to be added, if approved by the City Council. The agreement requires the prior written approval of the city for the expansion or relocation of buildings and outdoor areas where sales are permitted. Finally, the agreement requires the prior written consent of the city in order to add items to the list of permitted products. The full text of the stipulation agreement is provided as an attachment. Issue 2: Proposed Additions to List of Permitted Products Proposed Item Staff assessment Food/Drinks/Snacks Pre-packaged snacks and non-alcoholic beverages This very broad category could encompass anything from a vending machine to on-site food preparation and sales. Staff proposes instead adding “Pre-packaged snacks and non- alcoholic beverages” to the list. This would permit the sale of small incidental food items, sodas, and juices, and be in line with what staff understands to be currently available on the property. Staff has no concerns with this proposed addition, and feels it is comparable to what is currently being sold on the property. Incidental food/non- alcoholic beverages Staff’s initial concerns with adding “food” to the list have been addressed by the statements of intent included in the memorandum of understanding. Handicrafts Staff has no concerns with this proposed addition, and feels it is comparable to what is currently being sold on the property. Todd Gerhardt Mustard Seed (Halla Nursery): Additional Use and Retail Sales October 22, 2018 Page 4 Clothing and Accessories Staff has no concerns with this proposed addition, and feels it is comparable to what is currently being sold on the property. Personal Care Products Staff has no concerns with this proposed addition, and feels it is comparable to what is currently being sold on the property. Gifts and Decorations Staff has no concerns with this proposed addition, and feels it is comparable to what is currently being sold on the property. Food Trucks Staff is concerned that adding food trucks to the list of permitted products would not be consistent with how other businesses within the city are treated. Staff instead proposes adding “Food trucks for temporary outdoor sales and events, subject to the requirements of City Code and receipt of a temporary event permits from the city” to the list of permitted uses in section one of the stipulation agreement. Staff’s rationale for this recommendation will be addressed in the following section. Issue 3: Events As it is currently written, the stipulation agreement does not allow events to be held on the property. Temporary outdoor sales and events are not a permitted use within the city’s Agricultural Estate (A-2) District, nor does the zoning or stipulation agreement permit the use of the property as an event center. The stipulation agreement also limits permitted uses of area “R”, the area that is most conducive to outdoor sales/events, to the “storage, growing and outdoor display of plant materials, or temporary storage of supplies on pallets or wheels, excluding trailers longer than 16 feet”. Finally, Section 7.A prohibits the use of area “P”, parking, for anything other than parking. Staff is not opposed to Mr. Halla using food trucks and outdoor events to promote and enhance his business; however, staff feels it is important to insure that all businesses receive equal treatment. It has been city policy to consider businesses hosting food trucks as a way of promoting their business and drawing in additional customers to constitute an outdoor sale/event. For example, Lunds and Byerlys was required to apply for and receive a temporary event permit to have the Oscar Mayer wienermobile sell hot dogs in their parking lot earlier this year and the AutoMotorplex is required to get temporary event permits for their Summer Night events due to the presence of food trucks. Staff believes that adding food trucks to the list of permitted retail items tied to a list of annual events that essentially covers every day of the year would grant the Mustard Seed the ability to hold outdoor events significantly beyond what any other business in the community is allowed. Additionally, many of the events provided in “Mustard Seed Annual Events Described 6-5-2018” are described in very vague and expansive terms. For example, religious/spiritual/personal events could conceivably encompass anything from a small private bible study meeting, which would not require an event permit, to renting the property out for a Todd Gerhardt Mustard Seed (Halla Nursery): Additional Use and Retail Sales October 22, 2018 Page 5 large wedding, an activity that would not be allowed by the temporary event ordinance, stipulation agreement, or property’s A-2 zoning. Staff instead proposes adding “Food trucks for temporary outdoor sales and events, subject to the requirements of the City Code and receipt of a temporary event permits from the city” to the list of permitted uses contained in first section of the stipulation agreement. Under the city’s temporary outdoor event ordinance, businesses are allowed up to 15 days per calendar year of temporary outdoor events and up to four special events (maximum duration of seven days per event), and up to three seasonal sales (total of 120 days per year). Outdoor sales activities allowed by the stipulation agreement would not require any additional permits; however, it would provide a mechanism for allowing the outdoor farmer’s markets mentioned in the provided list of annual events. This approach would ensure that the property’s outdoor events are subject to the same standards as every other business in the city. The City’s temporary outdoor sales and events ordinance is comprehensive and provides guidelines as to what constitutes an event. Staff would require an expanded and clarified version of the “Mustard Seed Annual Events Described 6-5-2018” in order to determine which activities constitute temporary outdoor sales and events. The provided list of annual events indicates that the property may also be being used to host indoor events including music and catered food and alcohol. These types of events, so long as they occurred entirely indoors, would not fall under the jurisdiction of the city’s outdoor sales and events ordinance; however, the stipulation agreement and property’s zoning does not allow for the use of the property as an event center, nor does it allow for the sale of food and alcohol on the property. Permitting catered events, especially those with alcohol services, would represent a significant expansion of business activities from what is currently permitted. When other properties zoned A-2 have approached city staff about the possibility of renting out barns for weddings and other events, they have been informed that their zoning does not allow for event centers. Staff requests direction from the City Council on if catering and alcohol service should be permitted on this site. Adding temporary outdoor events and seasonal sales, subject to the requirements of Section 20-964, to the list of uses in paragraph 1 of the stipulation agreement would allow the business the same ability to events designed to promote the business and enhance the customer experiences that other businesses in the community have. The City’s temporary event ordnance also has provisions in place that address the potential impact of events on surrounding properties. The attached memorandum of understanding elaborates on how the event permitting process will be applied to the subject property. Todd Gerhardt Mustard Seed (Halla Nursery): Additional Use and Retail Sales October 22, 2018 Page 6 Any alcohol service associated with any event would need to be associated with a temporary event and would be subject to the City’s general ordinances and policies governing alcohol service. BACKGROUND On May 31, 2018, staff was informed that the Mustard Seed Garden Center was conducting activities that fell under the category of temporary outdoor sales and events. On May 31, 2018, staff contacted Mr. Halla and informed him that the city typically required permits for these types of events, and requested that he apply for an event permit. June 1, 2018, Mr. Halla informed staff that he did not feel he required permits to host these events due to the 1997 stipulation agreement and the fact that they have historically held gatherings at the site. On June 4, 2018, staff met with Mr. Halla to discuss the issue. Staff noted that events and some of the activates conducted in conjunction with them were not allowed by the stipulation agreement, and proposed using the city’s event permitting process as a mechanism for granting prior written approval of the city for allowing a temporary expansion of permitted products/activities. Mr. Halla agreed to provide the city with a list of events, from which the city would identify events that were outside the scope of the stipulation agreement and which would require a permit. Mr. Halla was informed that a permanent change to the stipulation agreement would require action by the City Council. On June 5, 2018, Mr. Halla provided the city with a list that covered a wide variety of activities. (see Mustard Seed Annual Events Described 6-5-18) . On June 6, 2018, staff requested that Mr. Halla clarify the provided list, as the information provided was not sufficient to allow staff to understand the nature and extent of the proposed activities. On June 6, 2018, Mr. Halla indicated that he did not have time to provide the requested information, and indicated he was interested in amending the stipulation agreement. On October 8, 2018, Mr. Halla requested that his stipulation agreement be amended. On October 22, 2018, the City Council tabled the requested amendment and directed to staff to work with Mr. Halla to resolve outstanding concerns. On October 25, 2018 staff met with Mr. Halla and through subsequent communications drafted the proposed resolution and memorandum of understanding. ATTACHEMENTS: Todd Gerhardt Mustard Seed (Halla Nursery): Additional Use and Retail Sales October 22, 2018 Page 7 1) Stipulation Agreement 2) Agricultural Estate District (A-2) 3) Mustard Seed Annual Events Described 6-5-18 4) Proposed Resolution 5) Memorandum of Understanding ARTICLE X. - "A-2" AGRICULTURAL ESTATE DISTRICT Sec. 20-571. - Intent. The intent of the "A-2" District is preservation of rural character while respecting development patterns by allowing single-family residential development. (Ord. No. 80, Art. V, § 3(5-3-1), 12-15-86) Sec. 20-572. - Permitted uses. The following are permitted uses in an "A-2" District: (1) Agriculture. (2) Antennas as regulated by article XXX of this chapter. (3) Arboretums. (4) Day care center for 12 or fewer children. (5) Group home for six or fewer persons. (6) Public and private parks and open space. (7) Single-family dwellings. (8) Temporary real estate office or model home. (9) Utility services. (Ord. No. 80, Art. V, § 3(5-3-2), 12-15-86; Ord. No. 259, § 7, 11-12-96; Ord. No. 377, § 74, 5- 24-04) Sec. 20-573. - Permitted accessory uses. The following are permitted accessory uses in an "A-2" District: (1) Accessory agricultural building. (2) Garage. (3) Private stables. (4) Swimming pool. (5) Tennis court. (6) Signs. (7) Home occupations. (8) One dock. (9) Roadside stand. (10) Private kennel. (Ord. No. 80, Art. V, § 3(5-3-3), 12-15-86) Sec. 20-574. - Conditional uses. The following are conditional uses in an "A-2" District: (1) Reserved. (2) Reserved. (3) Reserved. (4) Cemetery. (5) Reserved. (6) Reserved. (7) Reserved. (8) Reserved. (9) Electrical distribution and underground electric distribution substations. (10) Reserved. (11) Churches. (12) Recreational beach lots. (13) Group homes for seven to 16 persons. (14) Golf courses. (15) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 3(5-3-4), 12-15-86; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1, 9-26- 88; Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90; Ord. No. 240, § 16, 7-24-95; Ord. No. 259, § 8, 11-12-96; Ord. No. 390, § 4, 3-14-05) State Law reference— Conditional uses, M.S. § 462.3595. Sec. 20-575. - Lot requirements and setbacks. The following minimum requirements shall be observed in an "A-2" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one-half acres, subject to section 20-906. A one-unit per ten- acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. (2) The minimum lot frontage is 200 feet, except that the minimum lot frontage of lots fronting on a cul-de-sac shall be at least 200 feet at the building setback line. (3) The minimum lot depth is 200 feet, except that lots fronting on a cul-de-sac shall be at least 200 feet at the building setback line. (4) The maximum lot coverage is 20 percent. (5) The minimum setbacks are as follows: a. For front yards, 50 feet. b. For rear yards, 50 feet. c. For side yards, ten feet. (6) The maximum height is as follows: a. For the principal structure, three stories/35 feet. b. For accessory structures, three stories/35 feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, 400 feet. b. If the driveway is on an arterial street, 1,250 feet. (Ord. No. 80, Art. V, § 3(5-3-5), 12-15-86; Ord. No. 170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11- 93; Ord. No. 332, § 1, 12-10-01; Ord. No. 377, § 75, 5-24-04) Sec. 20-576. - Interim uses. The following are interim uses in the "A-2" District: (1) Reserved. (2) Mineral extraction. (3) Reserved. (4) Manufactured homes (compliance with section 20-905 is not required). (5) Bed and breakfast establishments. (6) Commercial kennels, stables and riding academies. (7) Wholesale nurseries. (8) Golf driving ranges with or without miniature golf courses. (9) Petting farms. (Ord. No. 120, § 3, 2-12-90; Ord. No. 140, § 1, 3-11-91; Ord. No. 240, § 17, 7-24-95; Ord. No. 306, § 3, 7-24-00; Ord. No. 377, § 76, 5-24-04) Secs. 20-577—20-590. - Reserved. *Mustard Seed Annual Events: • Daily Events (retail/wholesale sales year-round) • Planting Events (generally early spring, mid-summer, late fall and late winter) • Holiday Events (Easter, Christmas, Memorial Day, Labor Day, Fourth of July, other holidays) • Family Events (generally Fridays-Sundays and may include music, food, vendors, animals & petting zoo) • Farmers Market Events (ongoing from within store and outside parking areas) • Christmas Tree Sales Events (November-December) • Religious/Spiritual/Personal E vents (ongoing prayer, celebrations, worship, etc…) • Business/Community Events (recycling, Chamber of Commerce, Rotary, BNI, Political, Scouts, 4H, Church, tours, field trips, family outings, etc…) *All music is inside the buildings or not amplified with speakers (always in compliance with our Stipulation of Use). Food and catering is served from our private property in parking areas or within buildings. Animals are displayed indoors and out (for obvious reasons :-). Parking attendants are used as needed, if needed. Occupancy never exceeds legal limits. Alcohol, if any, is only served as legally allowed by law. All legal and applicable rules and ordinances obeyed per law and stipulation of use. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: November 13, 2018 RESOLUTION NO: 2018-XX MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING AN ADDITIONAL USE AND ADDITIONAL RETAIL SALES FOR HALLA NURSERY, INC. WHEREAS, the City of Chanhassen and Halla Nursery, Inc. (“Halla”) entered into a Stipulation for Entry of Judgment dated February, 10, 1997 (“Stipulation”) concerning the property located at 10000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of Minnesota (“Subject Property”); and WHEREAS, pursuant to the Stipulation, Halla has requested the right to expand the uses and permitted sales on the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. Pursuant to Paragraph 1 of the Stipulation, the following additional use is allowed on the Subject Property: i. Temporary outdoor events, subject to the requirement of Sec. 20-964 of the City Code and the receipt of a temporary outdoor event permit from the City. ii. Seasonal sales, subject to the requirement of Sec. 20-964 of the City Code and the receipt of a seasonal sales permit from the City. 2. Pursuant to Paragraph 3E of the Stipulation, the list of permitted products listed on Exhibit “B” of the Stipulation that may be sold on the Subject Property is amended to add the following products at the locations specified: Clothing and Accessories (1,2,4) Pre-packaged Snacks and Non-Alcoholic Beverages (1,2,4) Incidental Food/Non-Alcoholic Beverages (1, 2, 4) Handicrafts (1, 2,4) Personal Care Products (1,2,4) Gifts and Decorations (1, 2, 4) 1) Indoor sales from the Garden Center 2) Outdoor Sales 3) Indoor sales from the Office 4) Sales from the Greenhouses identified as Buildings C&E on Exhibit A of the Stipulation Passed and adopted by the Chanhassen City Council this 13th day of November, 2018. ATTEST: Denny Laufenburger, Mayor Todd Gerhardt, City Manager YES NO ABSENT 1 199702v1 MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING made this ______ day of _____________, 2018, between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the “City”) and MARK D. HALLA (“Halla”) to set forth the parties’ understanding concerning City Council Resolution 2018-54. 1. The City’s intent in adopting resolution 2018-54 is to recognize the sale of products that may have been historically available for purchase on the subject property, but where not included in Exhibit B to the Stipulation for Entry of Judgment made February 10, 1997 (“Stipulation”). It is also the intent to provide the subject property with a mechanism for hosting promotional events and seasonal produce sales that were not provided for in the stipulation agreement. It is not the City’s intention to allow for the expansion of retail activity beyond what has historically been present and is provided for in the stipulation agreement. The parties agree: a. The intent of the Agricultural Estate “A-2” District is the preservation of rural character while respecting development patterns by allowing single- family residential development. b. The subject property has historically been and is currently devoted to retail nursery, garden center, and contractor’s yard. c. Retail activities on the property are limited to those customarily associated with the above uses. d. The City’s temporary outdoor event permit provides a mechanism that can facilitate events designed to promote the business and enhance the customer experience. 2 199702v1 e. The City’s seasonal sale permit provides a mechanism that can facilitate the sale of agricultural products and produce that is not produced on the subject property or provided for in Exhibit B of the Stipulation. f. The City will waive the temporary outdoor event and seasonal sales permit fees. g. The City will issue a single annual permit for temporary outdoor events provided that: (1) The proposed event(s) meet the requirements of Sec 20-964 of the City Code; (2) Sufficient information about the event(s) is provided to meet the application requirements of Sec 20-964 of the City Code. h. The City will issue a single annual permit for seasonal sales provided that: (1) The proposed event(s) meet the requirements of Sec 20-964 of the City Code; (2) Sufficient information about the event(s) is provided to meet the application requirements of Sec 20-964 of the Chanhassen City Code. i. A temporary outdoor event or seasonal sales permit is required to use the outdoor area identified as R for anything other than the storage, growing, and outdoor display of plant materials, or supplies on pallets or wheels. 2. This Memorandum of Understanding does not change the 1997 stipulation agreement that governs the subject property but adds clarity regarding our mutual intentions. 3 199702v1 CITY OF CHANHASSEN BY: Denny Laufenburger, Its Mayor BY: Todd Gerhardt, Its City Manager Mark D. Halla CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Accept Downtown Vision Section OLD BUSINESS Item No: G.1. Prepared By Kate Aanenson, Community Development Director File No: GEN­133 PROPOSED MOTION “The City Council accepts the Downtown Vision." Approval requires a Simple Majority Vote of members present. SUMMARY A review of the study was done by the City Council in a work session on October 8, 2018.  At that meeting, the Council recommended the following changes: 1. The market scan be a part of the Vision Study Document. 2. Typos were noted and have been corrected. 3. Grocery was eliminated from the Retail Market Condition. 4. The Next Steps section has been modified the show the higher Council priorities (shown in green) to the top of each initiative. RECOMMENDATION Staff recommends the City Council accept the Downtown Vision. ATTACHMENTS: Downtown Vision Update Downtown Vision ­ Market Scan Memo Chanhassen City Council Work Session Minutes from October 8, 2018 Hoisington Koegler Group Inc. Sanl. f. frl HIKgtr o.t "$'Li ".$' hertl 4 To: From: Subject: Date: City of Chanhassen Britt Palmberg Market Scan - Downtown Chanhassen 16 August 20L7 grnte vlru o( This memo documents the findings of a market scan focusing on determining the potential for various land uses (including retail, office, and residential)for the Downtown Chanhassen area in Chanhassen, Minnesota. This study area specifically includes the main portion of the area commonly known as Downtown Chanhassen, including the areas to the north and east of Highway 5 and Powers Boulevard, as shown in the map below. 0s Cenloa i .+oa-o'6^ AO-/. oo o o 9o q s9t o € od ca 0 t q Grlr\ Psd Ptom * ."*"o' d-- 123 North Third Street, Suite t00, Minneapolis' MN 55401-1659 Ph (612) 338-0800 Fx (612) 338-6838 www.hkgi'com Direct (612) 252-'7127 Email britt@hkgi'com !:E s I dc E4; ha tdlr cr i s$tr v.,. or ilichi 0 005 01 MEMORANDUM g\I lorc Or {- Downtown Chanhassen Market Scan Memo 16 August 2017 Page 2 The market scan outlines some of the key demographic and market factors impacting the Downtown Chanhassen area and then concludes with some projections for land use for the study area over the next five, ten, and 15 years. The findings of this memo and subsequent conversations with stakeholders will inform the creation of preliminary and final concepts for the Downtown Chanhassen visioning effort. This market scan draws from a review of demographic and market data compiled by ESRI and CoStar. ESRI is a national database service that gathers demographic and economic data, primarily from the U.S. Census, for any geographic area defined by the user. ESRI provides five year projections for the growth of population, households, and a variety of other demographic and economic data based upon an analysis of trends at the national and local levels. Costar is a national research database that gathers, more specifically, data concerning the performance of real estate in various categories (including retail, office, and multi-family), drawing from information provided by local and regional brokerages and local CoStar staff that contact local property owners and representatives. Costar gathers a range of real estate information, including data concerning lease rates, vacancies, inventory and (where availablelthe names of tenants in various properties. While CoStar does not provide data for every property in a given local market, information provided by CoStar helps in outlining overall current real estate market conditions in a local area. The analysis draws from demographic projections provided by the Metropolitan Council, as well. The market scan also draws from a site visit to Downtown Chanhassen and the surrounding area and phone discussions with local brokers and representatives of property owners in the study area. Demographic Background The following provides an overview of demographic trends in and around the study area that affect the viability of development or redevelopment in the Downtown Chanhassen vicinity. lmportantly, in considering the potential market for various land uses, the analysis looks beyond the city limits of chanhassen. ln particular, the current and projected demographic trends in chanhassen, as well as the neighboring communities of Victoria, Chaska, Eden Prairie, Minnetonka, and Shorewood influence the potential market for various land uses in the Downtown Chanhassen area' Downtown Chanhassen Market Scan Memo 16 August 2017 Page 3 Sources: ESRI, Metropolita n Council Long term projections prepared by the Metropolitan Council indicate that Chanhassen will gain nearly 12,000 residents between 2016 and 2040, and that the six communities (combined)will gain an additional 56,000 residents duringthis period. Metropolitan Council's projections assume that infill development, as opposed to purely greenfield development (on previously undeveloped lands), will account for at least a portion of the population growth in these six communities over the next 25 years. Sources: ESRI, Metropoliton Council Similarly, Metropolitan Council has projected the growth in households in the six communities over the nelt 25 years. The agency projects that Chanhassen will gain over 4,700 households between 2016 and 2040 and that the six communities combined will add nearly 26,000 households during this time period. The projections from Metropolitan council assume that the number of people per POPULATION (MET COUNGIL PROJECTIONS) 20't0 2016 (ESRI estirEte) 2020 (Met Council projection) 2030 (Met Council proiection) 20/O (Met Council proiection) Projec-ted Change, 2016 - 204/J % Change, 2016 - 2040 Chanhassen ,, 062 25.44 26,700 31,700 37,100 11,652 460h Victoria 7 ,245 8,920 10,000 12,600 15,400 6,480 730/o Chaska 23.770 26,439 27,100 32,000 36,600 10,161 38"/" Eden Prairie 60,797 63,'163 67,900 75,200 82,400 19,237 30v" Minnetonka 49,7U 52,741 53,200 58,000 61,500 8,759 17ya Shorewood 7,307 7.496 7,q0 7,500 7,600 104 1v" TOTALS 171,805 184,207 192,300 217,000 240,600 56,393 HOUSEHOLDS (MET COUNCIL PROJECTIONS) 2010 20r6 (ESR| est) 2020 (iret Council projection) 2030 (Met Gouncil proiection) 2040 (Met Council proiection) Projected Change, 201.6-m4o 7o Change, 2016 - 204o Chanhassen 8,352 9,267 10,@0 1 1,900 14,000 4,733 51v" Mctoria 2,435 3,005 3,500 4,570 5,700 2,695 90% Chaska 8,816 9,531 10,400 12,300 14.200 4,669 49'/" Eden Prairie 23,930 24,856 27.400 30,400 33,300 8,444 34v" Minnetonka 21 ,901 23,367 24,2@ 26,600 28,300 4,933 21yc Shorewood 2,658 2,736 2,800 2,910 3,000 264 10% TOT[S 68,092 72,762 78,300 88,680 98,500 25,738 Downtown chanhassen Market Scan Memo 15 August 2017 Page 4 household will continue to decline, over time, resulting in a greater increase in the number of households over the next few decades. Source: ESRI Source: ESRI An analysis of demographic projections by age, prepared by ESRI, for the city of Chanhassen as well as a ,,southwest Metro Area" that includes the six communities (chanhassen, victoria, chaska, Eden Prairie, Minnetonka, and Shorewood) indicates that the age 65 to 74 segment will gain the largest Population by tge - 2017 vs 2022 Chanhassen 2017 2022 Change, 2017 . 2022 Under '15 5,068 19.7o/o 4,885 18.1%(183 15-24 3,501 13.6y"3,142 11_6%(35e) 25-34 2,720 10.6%3,093 11.5o/o 373 3s-4 3,202 12.4%3,642 13.5%440 45-54 4,385 17 .0o/o 3,770 14.0%(615) 55-64 4,081 15.8o/o 4392 16.3o/o 311 65-74 1,899 7.4%2,738 10.2o/o 839 75-94 621 2.4%957 3.6%336 85+285 11%290 1.1% Population by Age - 20'17 vs 2022 SW Metro Area 2017 2022 Change, 2017 - 2022 under 15 30,519 20.3Yo 30,223 19.3%(2e6) 15-24 18,622 12.4%18,052 11.5%(570 25-34 16,766 11.2%18,345 11.7o/o 1,579 35-4,/.20,030 13.3%21,871 13.9%1,U1 45-54 23,382 15.60/o 21,221 13.5%(2,161 55-64 22,458 15.0Yo 22.824 14.6%Jbb 65 -74 11,836 7.9%15,843 10.1%4,007 75-84 4,402 2.9%6,218 4.Oo/o 1,816 85+2,052 1A%2,228 1.4%176 Downtown Chanhassen Market Scan Memo 16 August 2017 Page 5 number of residents, in both Chanhassen and the larger area, between 2077 and2O22.The75ro 84 and 85 and older age segments will also experience population increases over the next five years. ln line with national trends, the aging of the Baby Boomer population in this part of the metro area will contribute to this trend over the next five years, and beyond. lmportantly, however, the 25 to 34 and 35 to 44 age groups will also experience population increases in the local area, as the Millennial generation continues to move into their prime earning years and the prime parenting years. The various demographic trends with regard to aging will impact the choices of local residents with regards to housing, in particular, with the age 65 and older groups continuing to seek out lower maintenance living options, including townhomes, apartments, or condominiums, as well as various senior housing options, as opposed to traditional single family detached housing, in the local area. Chanhassen SW Metro Area Twin Cities MSA 2017 2022 2017 2022 2017 2022 Less than $15,000 2.4o/o 2.4Yc 3.70 3.70k 7 .1Yo 7 .Oo/a $15,000 - $24,999 2.8%25%4.7Y0 4.4Y0 7 .70/7.2Yc $25,000 - $34,999 4.OYo 3.20k 5.3%4.7Yo 7 .5o/o 6.7Y0 $35,000 - $49,999 6.20/6.10k 8.Oo/o 7.0%11.7%10.4Yo $s0,000 - $74,999 15.1%9.30/13.7Y0 11.804 17 .8o/o 15.7To $75,000 - $99,999 15.7Yo 16.3o/a 12.7o/o 12.Ook 14.2o/o 13.9Ta $100,000 - $149,999 19.6Yo 22.SYo 21.lYo 22.3Yo 18.50h 20.9o/o $150,000 - $199,999 12.60/o 15.1Y0 12.60/0 13.80/o 8.0%9.3o/a $200,000 +21 .60/o 22.60/o 18.30/20.40k 7.7%8.80/o Source: ESRI Chanhassen and the southwest metro area continues to represent one of the more affluent portions ofthe Twin cities metro area, as outlined in data obtained from EsRl. over 50 percent of households in chanhassen reported household incomes in excess of sloo,ooo in2oL7, and these households should account for over 60 percent of all households in the city by 2022. The larger southwest suburban area (including the aforementioned six communities) reports similar trends in affluency. ln contrast, fewer than one third of all Twin Cities households reported household incomes in excess of 5100,000 in 2017. Downtown Chanhassen Market Scan Memo 16 August 2017 Page 5 Source: ESRI Chanhassen and the surrounding communities continue to report very high levels of educational achievement, with over 60 percent of residents over the age of 25 holding Bachelor/s or masters degrees. The other communities in the area report similar statistics with regard to educational attainment. The overallTwin Cities metro area continues to have one ofthe most educated adult populations in the country with over 40 percent of residents over the age of 25 holding a Bachelor's degree or greater. Sou rce : M etropolito n Cou n ci I The Metropolitan council has prepared projections for employment, by community, for the Twin cities region through 2040. Eden Prairie and Minnetonka, given their locations along the 1494 corridor, already have significant employment bases, and the agenry projects continued groMh in employment in the two communities over the next 25 years. chaska and chanhassen will also experience continued growth in employment, with Chanhassen projected to Sain over 3,000 jobs between 2016 and 2040. Victoria and Shorewood will continue to operate as largely "bedroom communities", in this portion of the metro area. EDUCATIONA ATTANMENT (2017) - AGE 25 PLUS Chanhassen Mctoria Chaska Eden Prairie Minnetonka Shorewood Twin Cities MSA Less lhan gth Grade 0.9%0.9%1.Oo/.0.80/.0.0%2.90/. gth - 1Ah Grade. No DiPlorE 2.20/.0.8%2.3yo 1.6%1.50/a 1.30/a 3.601 Hioh School Graduate or GED 1.60/.10.0%19.60/r 9.70/o 12.7%9.70/a 21.50/. sonE Colleoe. No Deoree 15.301 15.6%19.6yc 15.9%17.7o/o 17.3o/o 20.50/. Associate Deqree 7.9y.11.1%12.10/.s.oa/a 8.6%7.50/a 10.6% Bachelor's Deoree 41.9%44.20/4 31.10/o 39.3%35.6%41.6ya 26.70/. Graduate , Professional Deqree 20.14/a 17.4ya 12.9%23.50/a 23.10/.22.5./.'14.3y< EMPLOYMENT (MET COUNCIL PROJECTIONS) 2010 2016 2020 (Met Council projection) 2030 (ltlet Council proiection) 20/rc (Met Council projec.tion) Projected Change, 2016 - 2040 % Change Chanhassen 10,905 14,581 15,200 16,500 '17,600 3,019 61o/. Victoria 1 ,502 1102 2,100 2,380 2,600 1,498 73o/. Chaska 11,123 12,949 13,600 16,000 17,600 4,65'r 58o/o Eden Prairie 48,775 59,562 57,700 62,100 66,600 7,038 37o/o Minnetonka 44,?28 44,788 54,400 58,900 63,200 't8,412 430k Shorewood 1,113 1.437 1,300 1 ,3rt0 1,400 (37)26v" TOTALS 1',17,W 134,419 14/,,300 157,220 169,000 34,581 Downtown Chanhassen Market Scan Memo 16 August 2017 Page 7 Overview of Local Real Estate Conditions The following outlines local market conditions in Downtown Chanhassen and the local area, including Costar data and observations from site visits and discussions with local brokers and real estate representatives. Retoil: Data from Costar indicate that the retail propefties in the Downtown study area report fairly healthy metrics compared to surrounding areas. The downtown district (north of Highway 5) includes a total of over 735,000 square feet of retail space. The area experienced an increase of retail square footage over the last three years as a number of quick casual eateries and smaller, in-line retail stores opened along Highway 5 (including Potbelly, sport clips, and smashburger). The reported lease rates in the Downtown area exceed those for the overall Eden Prairie submarket (which, according to Costar, includes Chanhassen, Eden Prairie, and adjoining parts of the l-494 corridor in the southwest metro) and the overall Twin Cities metro area. The CoStar data also indicate that the downtown area has relatively limited vacancies that have remained fairly consistent over the last several years' ln contrast, the larger Twin Cities market reported higher vacancies for retail spaces during and following the Great Recession. Overall, the Twin Cities is witnessing a good deal of churn and change in the retail landscape. A number of big box retailers have closed at area malls over the last year, and the preferences of consumers for particular retailers continues to shift fairly rapidly. The retail sector is uncertain of how much online sales will continue to impact retail sales at traditional outlets. The retail development sector has learned, however, that focusing on creating enticing experiences for shoppers (whether at a restaurant, or in a traditional store) is key to driving business. Retailers located in trendy or attractive downtown areas, for example, are benefiting from the popularity of the experience of shopping and hanging out in these types of environments. The broader Twin cities market has reported annual absorpiion of new retail space of around Soo,ooo square feet, on averaSe, over the last four to five yea rs.1 l Minneapoiis-St. paul Research & Forecast Report, Q1 2017, Colliers lnternational' Downtown chanhassen Market Scan Memo 15 August 2017 Page 8 Source: CoStar Discussions with local brokers did indicate, however, that average lease rates in the Downtown area may fall, more often, in the mid teens (on a triple net basis), in contrast to the data collected by Costar. Lease rates in the S12 to S15 per square foot range would still represent typical lease rates for retail in this portion of the metro area. Brokers also indicated that lease rates escalated more quickly during the early 2000s, and have been slower to increase in the years since the Great Recession, in line with larger regional trends in retail. The State of Minnesota collects sales tax (and associated sales information) for various businesses in the state, by jurisdiction. While retail sales data for the downtown portion of Chanhassen, per se, is not available, the data outlined as follows indicates that the community has experienced Srowth in various retail categories over the last few years. RETAL METRICS Downtown Chanhassen Study Area Eden Prairie Subrnarket Minneapolis MSA Total SF NNN Rent Overall TotalVacancr NNN Rent Overall Total Vacanc! NNN Rent Overall TotalVacanc! 2007 7'16,054 $16.00 2.so/.$16.61 3.80/a $15.57 4.60/" 2008 716,054 $17.18 2.50/.$15.58 3.,ya $14.40 5.20/c 2009 716,O54 $17.45 2.10/a $15.40 3.6%$13.57 5.6vc 2010 716,054 $17.45 1.50/a $15.26 3.6%$13.79 5.60/c 2011 716,054 $20.15 0.8%$16.66 4.1o/a $13.38 5.4./. 2012 716,054 $20.15 1.|ya $17 .24 3.7Y0 $13.34 4.gyc 2013 7'16,054 $16.00 0.4%$15.10 3.60t $13.20 4.syt 2014 716,054 $26.09 1.oya $15.80 3.6%$13.33 4.60/. 2015 730,466 $21.39 2.2ya $13.69 2.8v.$13.27 4.|yo 2016 730,466 $26.64 O.6o/c $13.94 2.30/c $13.26 3.20 2017 735,241 I\]/A 1.Zo/c $16.35 2.20/.$14.31 3.30/a CITY OF CHAIHASSEN GROSS SAES BY CATEGORY 2011 2012 2013 20'14 2015 Retail: Vehicles, Parts $5,427,998 $5,195,846 $5,000,409 $4,799,602 $4.592.169 Retail; Furniture Stores $2,689,'1s7 $3,363,836 $2,650,020 $3,295.294 $3,604,3S1 Retail: Electronics $10,622,915 $6,588,930 $1 1 ,628,2',11 $7.431.337 $7,629,882 Retail: Building Material $57,682,867 $a4.ao7.442 $'120.955,107 $103,384,263 $78,',t94,721 Retail: Food / Beverage Stores $90.997.333 94j26.429 $96,604,536 $99,312,276 $98,861,110 Retail: Health & Personal Care Stores $16,460,389 17,938,113 $18.139,023 $27,622,447 $28,851.798 Retail: Gasoline Stations $40.737.855 $39,977,162 $35,706,003 $39,050,503 $36,620,998 Retail: Clothinq & Accessories $174,616 $214,959 $199,007 $302,258 $452,570 Retail: Leisure Goods $1,249,452 $1,876,999 $1,130,754 $&6,318 $438,828 Retail; Miscellaneous Store Retailers $53,507,152 $55,946,893 $58,927,248 $60.886.437 $68,542,070 Food Services and Drinking Places $39,220,9s5 $40,141,733 $40,713,649 $43,273,960 $46,574,643 Source: Minnesoto Deportment of Revenue Downtown Chanhassen Market Scan Memo 15 August 2017 Page 9 sales at food and beverage stores (which includes grocery outlets) increased, for example, from around 591 million in 2011 to around s99 million in 2015. sales at eating and drinking places increased from around S39 million in 2011to over 546 million in 2015. Health and personal care stores (including pharmacies) increased from sales of 516 million in 2011 to nearly S29 million in 2015. The City of Chanhassen reports relatively limited sales in the motor vehicle, furniture, electronics, clothing, and leisure goods categories, given the lack of a major mall or a major collection of auto dealerships in chanhassen. The growth in "everyday'' retail categories (including grocery and pharmacy) reflects the overall growth in households in the community over the last several years. The retail tenants and uses in the Downtown Chanhassen area primarily serve neighborhood or ,,everyday" retail demand. While the downtown district includes a few anchors such as the dinner theater that draw from a larger portion of the metro area, the downtown overall includes grocery stores, eateries, and smaller retail outlets serving the nearby neighborhoods and communities. While the Target store tends to draw from a larger trade area than a grocery store, it does not operate as a "Super Target" or draw from a larger trade area, given the presence of other Target and similar big box stores within a fifteen minute drive, in Chaska and in the Eden Prairie Town Center area. A ten minute drive time represents an appropriate overall retail "trade area" for Downtown Chanhassen. While some tenants in the downtown may draw primarily from neighborhoods located closer to Downtown, and others may draw from a larger portion of the southwest metro, a ten minute drive time represents an average trade area for the district. Downtown Chanhassen Market Scan Memo 15 August 2017 Page 10 Ten Minute Drive Time from Downtown Chanhassen: . .l' 0 075 15- f#Mtles Source: ESRI As outlined on the map, the area within a ten minute drive of Downtown Chanhassen (designated as the location of the Cub store on Market Boulevard, as a central location for mapping purposes) generally includes areas to the north of Flying Cloud Boulevard and east of the Victoria area. The trade area extends to the southern edges of the Lake Minnetonka area in Excelsior and Shorewood and includes areas in Eden Prairie as far east as the l-494 I USZlzjunction area. f Crrr *** $lrtfiq Fri Downtown chanhassen Market Scan Memo 16 August 2017 Page 11 Data from ESRI indicate that the area within a ten minute drive of Downtown Chanhassen is "leaking" (or, losing retail spending to outside areas) in nearly all retail categories' Source: ESRI The degree of leakage varies by retail category as indicated by the "leakage / surplus factor''. The downtown area, in particular, reports significant leakage of retail demand in terms of Furniture and Home Furnishings, Clothin& and Drinking Places. The area within ten minutes of downtown reported a very small degree of leakage in terms of restaurants and general merchandise stores (such as Walmart or Target). The area within ten minutes of downtown also exhibits some retail leakage (around $86 million in sales on an annual basis) in the grocery store category. For the purposes of calculating future retail demand, the analysis considers a fairly similar, but more regularly shaped, retail trade area, as outlined in the map that follows. Retail Catsgory-'t0 Minute Orive TinE'Retail Trade Aroa Retail Poteniial RetailSales Retail Gap Loakage or Surplus Loakage I Surplus Factor ,otor Vehicle & Parts Dealers M04,805,941 $180.126,375 $224,679,566 Leakag€38.4 Fumiture & Home Fumishinqs Stores $63,802.098 $'19,081,827 $44,720,271 Leakaqe 54.0 Fla.rr^hi.c & Anntien.c Slores $72.A17.071 $84,524,830 /s11.707.759)Surplus 17.4 Buildinq tilaterials , Garden Eqdpment & SuDolY Store F6.rl * Be-vereoe Stores s144.585.'171 $97.012.943 $47,572,228 Leakaqe 19.7 irocery Stores $247.235,145 $160.767,035 $86.468,110 Leakaqe 21.2 Soecialtv Food Stores $15,270,206 $3.379,978 $11,890,228 Leakaqe 63.8 Beer, Wine & Liquor Stores $38.584.869 $40,791,128 ($2.206.259)Surplus (2.8) Health & Personal Care Storeq $132,600,613 $64,883,747 $67,716,866 Leakaqe 34.3 $206.408,658 $104.253,432 $102,155,226 Leakage Clothino & Clothinq Accessories Stores $1 06.640,747 $35.88'1,230 $70,759,517 Leakaq€49.6 srnrtino Goods. l-lobbv. Book & itusic Stores cemHl i/brchendise Stores $60,673,625 $45.113.2'13 $15,560,412 Leakaqe 14.7 $341,590,044 $337,696,342 $3,893.702 Leakag€0.6 Mscellaneous Store Retailers Florists $4.582,007 $8,128,574 ($3,546,567)Surplus t27.9\ Office Supphes, Slabonery & Gifl Stores $15,682,196 $15,202,915 $479,281 Leakage '1.6 Used t\rerchandise Stores $9,669,897 $5,644,164 $4.025,733 Leakaqe 26.3 Other Mscellaneous Store Retailers $43,99't,278 $2'1.359.599 $22,631,679 Leak6qe 34.6 Nonstore Retailers $31.572,69 $179,231.236 ($147.658.538)Surplus (70.0) Food SeMces & Drinking Plaqeq Special Food Services $5.530,578 $849,524 $4,681,054 Leal.aqe 73.4 )rinkino Places - Acohdic Be!€rages $12,960,,149 $3,871,815 $9.088,634 Leakage 54 Restaurants / Other Eattnq Places $197.029,519 $176,063,320 $20,966,1e9 Leakaqe 5.6 Downtown Chanhassen Market Scan Memo 16 August 2017 Page12 Chasta forn f*urc6 Irt r fr Source: ESRI This trade area includes essentially the same areas as the ten minute drive time map, but excludes the shopping area around the Eden Prairie Town Center, as well as the shopping areas to the north of the Highway 41 and US 2L2 interchange, as these shopping areas represent significant concentrations of retail that would compete with the concentration of retail found in Downtown Chanhassen. l,l,r inrl Sl)rirrg P;'!tl. Occphtvrn $a =! a.5r.j valioy vtru - Chnr*ra3sGn l rir, l 1.,t. | ,.1 It ud ArF EB-ll-:1.-rtrErglr. Bkd c,\ :! Arbq.*nei;c ? uorM I Ldldxape. iltrotBtum t E aI a I ? C 3 Ti { LyfiilO, !tt! !a<./ / Retail category- Local chanhassen RetailTradr Retail Pote ntial Retail Sales RetailGap Leakage or Surplus Leakage / Surplus Factor i/ht^r Vchi.lp * Parts Deelers $404,'1 62,397 $73,298,862 $330,863,535 Leakaqe 69.3 Fumiture & Home Fumishings Stores $63,915,221 $10.087,510 $$,a27,711 Leakag€72.7 Electronics & ADDliance Stores $72,965,947 $84.475,45s ($11,509.508t Surplus {7.3 Brild,no trat"rials , G""den Equ'pmerd & Supolv Slorel $145,979,012 s67.155.609 $78,823,403 Leakaq€37.0 Food & Beveraqe Stores $246.140.803 $136,265,12S $109.875,674 Leakage 28.7 SM.i.ltu F.rrl Slores $15,198,158 $2,419,094 $12,779,064 Leakaqe 72.5 Beer, Wine & Llquor Storeq $38,595,844 $37.490.863 $1.1M,981 Leakaqe 1.5 Health & Personal Care Stores $132,670,622 $41,166.724 s91.503.898 Leakaoe 52.6 $205,293,840 $79,575,994 $125,717,846 Leakage 44.1 Clothrno & Clolhinq Accessories Stores Sportinq Goods, Hobbv, Book & Mlsic Stores a$nerrl irtqr.hrn.rise Stores $106.594,543 $26,945,371 $79.649,172 Leakage 59.6 $60,668,575 $20,427,551 $40,241,024 Leakag€49.6 $341,012,984 $58.487,260 $282,525,724 Leakaq€70.7 Mscellaneous Store Retailers $4.633,815 $828,0'19 $3,805,796 Leakage 69.7 offi.p s'ronlies Slationerv & Gift Stores $15,688.601 $144,498,316 $1,190,285 Leakaqe 3.9 used i,4erchandise Stores $9,63'1,787 $3.461.789 $6,169,998 Leakage 47.1 rthar Mq.cllrneorls Store Retailers $43,800,228 $22,932,667 $20,867,561 Leakage 31.3 $3'1,625,861 $33,025,914 1S1.400.0531 Surplus (2.2" Food SeMces & Drinking Places qm.i,l F^..i ScNices $s,532,037 $827,397 $4,704,640 Leakag€74 )rinkino Places - Acoholic Beveraqes $12,984,749 $3,544,132 $9,440,617 Leakaq€57.1 Restaurants / Other Eating Placqq $'196,s72,912 s122.346.967 $74,225,945 Leakaq€ Downtown Chanhassen Market Scan Memo 15 August 2017 Page 13 Source: ESRI ESRI reports similar data with regard to retail leakage versus surplus for this trade area. This trade area surrounding Downtown chanhassen leaks retail spending in almost every category listed. Office: The Downtown chanhassen area includes a relatively small quantity of office space, totaling around 70,000 square feet. The district includes a variety of primarily smaller office suites, serving professional office users such as doctors, dentists, insurance agents, and other smaller firms, along Market Boulevard and along west 78th street. The Market street station development, to the north and east of Cub, has a number of vacancies as of July 2017. As outlined in the table that follows, the downtown area tends to report hiSher lease rates to costar, as well as an overall higher level of vacancy, compared to the immediate submarket in the southwest metro. However, discussions with a few brokers in the area indicate that lease rates for Class B space in the downtown area typically fall in the S1O to S15 per square foot range, at least for professional services tenants. Projects in the downtown area have not added any office space in the last ten years. Areas along the US 212 corridor in Chaska and Eden Prairie, as well as areas near l-494, have tended to include larger concentrations of office development. The office properties in Downtown Chanhassen have typically appealed to locally-serving tenants (such as dentists, insurance agents, and other professionals), and Downtown Chanhassen does not appear to have any notable appeal at this time for larger scale office users' Downtown Chanhassen Market Scan Memo 15 August 2017 Page L4 While the overall economy has continued to recover over the last few years, the office market in the Twin Cities has not witnessed tremendous growth. Vacancy rates, overall, have remained in the mid- teens consistently over several years stretching back to 2010, and the market has absorbed no greater than one million square feet on an annual basis during any of the years since the Great Recession. Lease rates have remained in the mid to upper teens on a square foot basis, over several years. ln general, while some notable office developments are taking place in the North Loop, downtown, and in some areas along the 494 corridor, the office market remains in a conservative stance. Companies are using open office formats and telecommuting to reduce the square footage required for a typical employee. Companies have continued to conservatively plan for office expansions and upgrades, and activity in the Twin Cities has tended to focus on the core of Minneapolis and St. Paul and the key nodes of office activity along the 494 beltway. Source: Costor Overall Conclusions, Office: The area around Downtown Chanhassen is unlikely to develop as a major office or employment area, given the lack of direct connectivity to surrounding freeways. The lnterstate 494 corridor has traditionally attracted larger office users, including a variety of corporate style campus buildings. lnstead, the area around Downtown Chanhassen is more likely to remain a focal point for smaller scale or neighborhood-oriented office uses. M ulti-Fami ly o nd Reside ntiol : The multi-family market in the Twin Cities region has demonstrated considerable strength over the last five years, with developers completing a variety of projects around the region. A significant OFFICE METRICS Downtown Chanhassen l-494 Corridor Submarket Minneapolis MSA Total SF Gross Rent Overall TotalVacanct Gross Rent Ov6rall Total Vacanct Gross Rent Overall TotalVacanct 2006 70,925 $19.33 7.70h $ 12.93 9.2%$14.87 9.5olo 2007 70,925 $ 19.33 4.1Yt '15.34 9.20/"$15.90 9.80/o 2008 70.925 $19.33 2.70/.16.69 8.60/0 $16.14 11 .6o/a 2009 70,925 $17.35 1.1o/a $19.2s 10.2o/c $18.79 't3.40/a 2010 70,925 $20.00 5.80/o $19.83 9.40/a $17.59 14.20/c 2011 70,925 tUA 5.80/a $19.29 8.so/c $17 .29 13.40/c 2012 70,925 $16.90 NI/A $19.00 8.40/c $17 .78 13.60h 2013 70,925 $16.90 tvA $'19.12 9.60/c $18.26 13.3./" 2014 70,925 $25.00 16.50k $19.50 10.2y.$18.68 12.30h 2015 70,925 $25.00 14.So/a $18.13 9.00/c $18.75 12.40/. 2016 70,925 $23.40 tvp $19.70 a.504 $19.67 11.20/. 2017 70,925 N/A 11.8o/c $18.96 8.0%$19.32 11.40/. Downtown Chanhassen Market Scan Memo 16 August 2017 Page 15 number of these projects have focused on the urban core areas in Minneapolis and St. Paul. However, the multi-family boom has expanded to suburban communities over the last few years, as the region has continued to gain employment and population. The metro area added an impressive 28,000 jobs from 2015 to 2016, and continues to benefit from the presence of sixteen Fortune 500 companies in the region. The significant strength of the for-sale residential market in the Twin Cities has led many would-be buyers to rent apartments, instead of purchasing homes. ln addition, the tendency ofthe Millennial generation to delay home purchases or to avoid home purchases altogether has contributed to the multi-family construction boom witnessed an metro areas around the country including the Twin Cities. Furthermore, homeownership rates for the Baby Boomer generation have continued to decline, as more residents choose the maintenance-free aspects of rental living' From the fourth quarter of 2015 to the fourth quarter of 2016, the metro area added around 5,000 new apartment units, and the region expects the delivery of another 4,000 units in 2017.2 Data from Colliers indicate that the market for tenants among Class A apartment communities has become more competitive, with operators offering concessions over the last few quarters. The rents for Class B and Class C apartments, however, have increased more than those of Class 4 as the overall multi-family market has tightened and rising rents across the metro have forced many people to consider Class B and Class C apartment living options. Multi-family development and construction activity continues in the urban core and inner ring suburbs, but activity has also shifted and increased in the outer suburban markets of the Twin Cities. For example, development activity has increased in Downtown Hopkins, in the Ridgedale area of Minnetonka, and along the 494 corridor from Eden Prairie east to Mall of America. The multi-family market will remain strong in the Twin Cities as long as the residential construction market is slow to add additional for-sale options. The lack of supply of single family homes in the metro area is directly impacting the multi-family market in a positive manner. A total of 539 new apartment units should be completed in the Southwest submarket in 2OL7 , on par with the rate of construction in this part of the metro since 2013. The overall vacancy rate for multi-family properties in the Twin Cities should remain in the 3 to 5 percent range, continuing the trend of tight market conditions. The multi-family market remains on solid footing, with four percent year-over-year growth in lease rates expected. Market observers note that property owners have increasingly upgraded Class B or C multi-family properties over the last few years, in order to attract higher rent rates, and as a result the availability of "naturally occurrin(' affordable housing has decreased over the last few years. ln terms of newer units, the average quoted rents in early 2017 in the southwest suburbs were as follows: s1,258 for studio units; s1,434 for one bedroom units; s1,893 for two bedroom units; and s2,350 for three bedroom units.3 Observers atthe regional level also note that development of apartments has moved from the inner ring suburbs (such as St. Louis Park)to existing commercial districts and downtowns in outer suburbs 2 Minneapolis-St. Paul Research & Forecast Report, Fall 2016, Colliers Intemational 3 "Market Viewpoint: Twin Cities Multifamily Market, 2OLO - 20171, Dougherty Mortgage LLc Downtown Chanhassen Market Scan Memo 16 August 2017 Page 16 for the same four key reasons that attracted developers to older suburbs, initially, including 1) quick access to major roadways and/or public transit; 2) close proximity to a wide variety of retail stores and personal services; 3) proximity to an assortment of restaurants; and 4) close-by entertainment options (such as movie theaters and restaurants) and outdoor recreational amenities. All of these factors help to attract both the younger professional group (Millennials) as well as Empty Nesters. Data from Costar indicate that the apartments in the Downtown Chanhassen area (located to the north of west 78th Street) have exhibited higher lease rates and generally lower vacancy rates compared to the l-494 submarket (covering the southwest metro area) and the broader metro area. Although the apartments located in the downtown study area are relatively older (dating to the 70s and 80s)the overall strength ofthe multi-family market in Chanhassen has supported healthy rent growth over the last several years. Source: Costor The for-sale residential market in the Twin Cities region has largely recovered to pre-Recession levels in terms of sales prices and activity, following four to five years of price appreciation and ongoing increases in single family residential construction. As outlined in the tables that follow, the median home prices in the overall region have increased significantly over the last year. The number of days on market and the months supply of inventory have also improved significantly over the last year. Overall, the housing market in the Twin Cities has remained very tight, in particular for homes in the S2OO,OOO to 5300,000 price range, as builders continue to struggle to keep pace with demand. Dor.vntown Chanhassen 1494 Subrnarket Minneapolis MSA Total Units ABking Rent per SF Total Vacanct Asking Rent per SF Total vacancy A6king Rent psr SF TotalVacanc! 2000 119 $1.06 3.0%$0.91 2.70/a $0.e2 3.40/c 200't 119 $1.10 3.90/c $0.94 3.60/0 $0.97 4.10/. 2002 119 $1 .13 4.9%$0.97 4.40/a $0.99 5.20/e 2003 119 $1.13 6.501 $0.98 6.00/a $0.98 6.70/o 2004 1 '19 $1.09 $0.97 6.60/a $0.96 7.40/o 2005 119 $1.09 8.20/t $0.98 6.8%$0.97 7.60/a 2006 119 $1 .10 7.6vo $'r.01 6.10/.$1.00 7.00/a 2007 119 $1.13 6.5%$1.04 5.90h $1.03 6.70k 2008 119 $1 .13 5.90/o $1.05 5.70h $1.04 6.30/a 2009 119 $1.1 1 5.90/o $1 .02 6.20/o $1.01 6.60/0 2010 119 $1.'1 1 6.1%$1.03 s.20/o s1 .03 6.0% 20't'l '119 $1 .12 5.Olo $1.04 4.9%$1.04 5.6ya 2012 119 $1.13 3.70k $1.08 4.70/a $1.06 5.00/c 2013 1 '19 $1 .15 3.20/c $1.12 4.70/a $1.11 5.301 2014 119 $l.17 3.2Yc $1.17 4.gya sl .14 4.9Yc 20',t5 119 $1.24 3.90/t $1.24 4.4o/c $1.20 4.9% 2016 119 $1.27 4.50/a $1.32 5.5o/c $1.26 4.40/o 2017 1'19 $1.30 4.00/a $1.38 4.10/c $1.30 3.9% Downtown Chanhassen Market Scan Memo 16 August 2017 Page L7 Source: Minneapolis Areo Associotion of Reoltors The graph below from the Minneapolis Area Association of Realtors reveals that the median home sales price in the region has returned to the peaks last experienced in 2006, before the Great Recession. However, as incomes have increased over the last ten years across the region, the level of affordability has remained above the levels experienced prior to the last recession, as outlined in the following table. 9,556 $216,000 $126 9,867 $230,000 $136 6. 8. -12. Closed Sales Median Horne Price Price / Square Foot on Market Until Sale Historical ltledian Sales hice $r,,mr-roa i.@ l{r t.ilG l{0 l.ilo Source: Minneopolis Areo Associotion of Reoltors Local Housins Market Data, March 2017 Twin Gities Region March'16 March'17 YTD YTD % Change &30.000 \r r-38 t-rotl l€rt id!3 tg4 !{Olt lsla r{ot Downtown Chanhassen Market Scan Memo 16 August 2017 Page 18 Historical Housing Affordabili$ lnder*lrj a1 zao .l "rlzmj ,-.1 ,-.1*l lto.i#tdDa i{E t..0 til,lStt 1-Ata 1-It0 1-m17r-20 Source: Minneapolis Area Association of Reoltors Housing affordability peaked during and following the Great Recession, as home values declined across the Twin Cities (and across many parts of the nation). Affordability has decreased over the last four years as home prices have continued to escalate. The increases in home sales prices have impacted both single-family detached and townhome / condo attached products, across the Twin Cities region. Source: Minneapolis Areo Associotion of Realtors Like most areas around the country, the Twin Cities region experienced a significant decrease in housing construction activity during and after the Great Recession. The total number of residential building permits issued in the seven-county region decreased from around 21,000 in 2003 and 2004 to around 4,400 in 2009, but returned to a range of 10,000 to 12,000 annual permits from 2OL2 through 2015. While the region continued to permit 4,OOO to 5,000 single family detached residential building permits on average, from 2012 through 2015, multi-family construction has accounted for over half of all residential construction during this period of economic recovery. Townhome permits, which had accounted for over 20 percent of all permit activity prior to the housing crash (from 2003 through 2OO7), now represent from 4lo7 percent of all residential permits, over the last four years. The focus on multi-family construction in the Twin Cities region mirrors similar trends in other larger metro areas around the country. Developers in the local region have added a significant pool of multi- Twin Cities Metro Region Median Sales Price: Single FamilY Detached Honres Twin Cities Metro Region Median Sales Price: Townhonre or Condo Attached Hones Median Price 7o lncrease Median Price 7o lncrease 2012 2013 2014 2015 2016 $184,000 $211,000 $225,000 $238,000 $251,000 14.70/o 6.60/o 5.$o/a 5.50/a 2012 2013 2014 2015 2016 $125,000 $147,000 $159,000 $165,000 $173,000 17.60/ 8.20h 3.$o/c 4.go/c Downtown Chanhassen Market Scan Memo 16 August 20u Page 19 family units to local inventories, particularly in the two major downtown areas and in other urban neighborhoods that feature a variety of amenities and good access to the rest of the city. The supply of single-family detached homes has not caught up with demand over the last few years, contributing to increases in the median home price in the Twin Cities region' so u rce : M etropolita n Co u nci I The following tables provide additional information concerning the breakdown of residential building permits in Chanhassen and nearby communities over the last several years' Trir, Citi"s Resion - Re3idential Building Pemit History , Single Family Detached Percentage of Total Townho]IE Pe rcentage ofTotal Duplex Pe rcentage of Total Multi-Family Perce ntage of Total Total 2003 9,034 42.4./"4.619 21.70/a 216 1.0"/"7,414 34.Aok 2'.1,283 2004 8,244 38.60/"5.126 24.Oo/a 579 7,401 U.7Yo 21,350 2005 6,877 39.0%3,795 21.SYa 572 3.2./.6,375 36.20/o 17,6'19 2006 5,252 41.60/o 2,961 23.40/o 229 1.8%4,185 33.10lo 12,627 2007 3,648 42.9'/o 1,851 21.70/o 84 1.0o/o 2,929 u.4%8,512 2008 2,281 44.40/o 957 18.60/o 27 0.solo 1,867 36J%5,132 2009 2,412 54.20/o 597 't3.40/o 26 0.60/0 1,412 31.8Va 4,447 20,ti 2,776 47.7./"589 10.10 36 0.6%2,420 4',t.6v"5,421 ,nl1 2,821 44.70/a 526 8.3V"21 0.30k 2,938 46.6%6,306 2012 4,271 39.0%28 0.3./.6,032 55.10/o 10,952 2013 5,201 41.gyo 678 5.5o/o 19 0.2%6,520 52.syo 12,124 2014 4,559 42.4./.684 6A%86 0.80/o 5,414 50.4%10,743 2015 4,746 37.10/o 554 4.3v"43 0.3./"7.437 58.20/o 12.780 Downtown chanhassen Market Scan Memo 16 August 2017 Page 20 Sou rce : Metropol ito n Cou nci I As the tables indicate, multi-family permits have increased as a percentage of all residential building activity in Chanhassen and the surrounding communities over the last four to five years. Over the last 12 years, multi-family has accounted for a total of 27 percent of all residential permits, across the six communities. The various communities issued a significant number of permits for townhomes or Multi-Fardly Pernits Chanhassen Mctoria Chaska Eden Prairie Minnetonka Shorewood TOTA Multi+anlly as%of Total 2005 0 0 105 85 39 229 230/a 2006 0 106 '10 0 121 17o/a 2007 10 0 6 0 52 0 68 2008 12 0 58 0 0 0 70 22ya 2009 0 0 0 0 0 c 0 o% 2010 0 0 0 0 150 c '150 uo/c 201'l 0 0 0 0 0 c 0 00/e 2012 0 0 54 0 M c 118 190/e 2013 0 0 191 0 216 270 2014 24 0 0 0 100 124 180/. 2015 0 0 '138 0 511 649 590 20't 6 76 0 0 0 1il 10t 335 4301 TOTA 147 467 286 '1,070 105 2,080 27y. TownhorE or Duplex Pernits Chanhassen Mctoria Chaska Eden Prairie Minnetonka Shorewood TOTAL TownhonE Duplex as % of Total 2005 24 OJ 60 1y 0 283 280/t 2006 90 '16 '13 35 24 186 25yt 2007 94 zh 14 2 0 171 3001 2008 2e 6 16 38 0 0 86 270/a 2009 14 6 0 0 2 54 220/a 2010 30 10 0 24 1 c 65 15o/a 2011 62 15 0 0 0 79 21ya 2012 78 18 4 0 6 114 1So/c 2013 76 24 18 0 1 121 150/c 2014 102 0 28 0 0 130 190/t 2015 24 0 2 2 10 38 30/. 2016 ,4 47 0 4 0 57 70t TOTAL 622 188 202 300 48 24 1,384 180/t Downtown Chanhassen Market Scan Memo 16 August 2017 Page 21 duplexes before and during the Great Recession, but this trend has subsided significantly over the last two to three years, with townhomes / condos accounting for only three percent of permits in 2015 and seven percent in 2016. The focus of residential development has clearly shifted to multi-family (apartment) development in the southwest suburbs and across the metro area. The Chanhassen area has experienced a very strong housing market over the last few years. The local area benefits from good quality schools, good access to the rest of the metro area, and proximity to the employment centers located in Eden Prairie and along the 494 corridor in the south and west parts of the Twin Cities metro area. The following table outlines the changes in home prices for Chanhassen and the nearby cities of Victoria, Chaska, Eden Prairie, Minnetonka, and Shorewood' Source: Minneopolis Areo Associotion of Reokors The Chanhassen area has exhibited consistent growth in median home prices over the last five years, and the community reports the highest median sales price in this part of the metro, with the exception of Victoria and Shorewood. As illustrated in the following chart, the median sales price for townhomes and condos in Chanhassen has recovered to pricing levels last seen before the Great Recession, following a significant decline from 2008 to 2012. MEDIAT.I HOME PRICES Chanhassen Mctoria Chaska Eden Prairie Minnetonka Shorewood 2008 $295,800 $396,250 $268,019 $382,732 $298,803 N/A 2009 $286,500 $324,900 $179,600 $306,000 $285,000 N/A 2010 $312,000 $374,695 $212,500 $240,250 $290,000 $287,000 2011 $295,000 $352,500 $170,000 $252,000 $235,000 $404,053 2012 $280,000 $341,990 $207,000 $257,000 $225,000 $414,900 2013 $303,500 $371,s00 $2s2,000 $279,294 $279,000 $425,000 2014 $318,000 $369,990 $235,000 $300,000 $270,000 $382,s00 2015 $325,000 $403,250 $255,000 $299,900 $300,000 $417,s00 20't6 $336,9s0 $423,018 $272,000 $309,000 $307,500 $453,250 Downtown Chanhassen Market Scan Memo 16 August 2017 Page 22 Iledlan Sales Pdce r Chanhassen t120( -1-2007 1-2()15 1-m16 l-zJ17 chirtl€ssen: Tdt*rolEe€oar<b Source: Minneopolis Areo Associotion of Reoltors; Notthstar MLS The supply of homes, including townhomes and condominiums, has also declined significantly as the market has strengthened over the last five years, as illustrated in the following chart. The very limited supply of homes for sale, for all housing types, is causing significant price appreciation and is dissuading prospective home buyers from making purchases. The limited supply of housing units remains one of the key issues facing the housing industry as of Summer 2017. 1-2008 1-2009 t-zllo l-2011 Downtown Chanhassen Market Scan Memo 16 August 2017 Page 23 Months Supply of Homes for Sale 12.0 00 1-2007 1-mr1 1-2o12 1-2013 1-2() rd 1-2()15 t-2015 l-2(ll7 ClErlr6an: Tqnltusecoaldo Source: Minneopolis Areo Associotion ol Redkors; Northstor MLS The Chanhassen area should remain highly attractive for both multi-family and for-sale residential products for the foreseeable future, given its orientation in the metro area. while the area may experience a softening in the market with the next downturn, the geographic advantages of Chanhassen relative to the rest of the metro area should continue to drive the viability of residential projects in the Chanhassen vicinity. plans for potential new developments in the local market will impact the anticipated demand for the various types of land uses in the Downtown Chanhassen study area. The following outlines the components of a number of developments in the local market that may reach fruition over the next few years. t-zng 1-2010 Downtown Chanhassen Market Scan Memo L5 August 2017 Page24 Avienda (Powers Boulevard and US 212) The developers of Avienda have submitted three concepts for the development of a mixed use regional or "lifestyle" center at the northwest quadrant of the interchange between US 212 and powers Boulevard, in Chanhassen, as part of an AUAR submittal associated with the project. The concepts include a range of approximately L79,000 to 435,500 square feet of retail, l'50,000 to i.63,000 square feet of office, 75 to 315 apartment homes, 38 to 80 twin homes, and a hotel ranging from 100 to 150 keys. Each of the three concepts include a larger scale retail box of 90,000 square feet. While each concept includes some traditional, in-line retail space, one of the options includes the arrangement of small retail pads into a "Main Street" orientation. The options include various scale of "junior box" retailtenants, as well. The overall scale of development between the three options for Avienda depend on how the developer would address environmental constraints presented by wetlands on the subject property. ln any event, the scale of the potential Avienda development, located around 1.5 miles to the south of Downtown Chanhassen, has the potential to impact sales and performance of retail and office space in the Downtown district. Etevate Apartments, Eden Prairie (Highway 2l2and Prairie Center Drive) Conceptuol Rendering of Elevote Aportments: Source: Finonce ond Commerce, July 78, 2077 Elevate will develop as a 222-unit luxury apartment complex at the southwest quadrant of Prairie Center Drive and Highway 2L2, adjacent to the future location of a light rail stop on the Southwest light rail line. The project will include retail on the ground floor with apartment units on upper floors. rll r!! ul )r\ Downtown Chanhassen Market Scan Memo 16 August 2017 Page 25 The project will emerge on the site of a vacant restaurant and vacant bank building in Eden Prairie, and construction is expected to be complete by 2019. Prairie BIuffs Senior Living Eden Prairie This project will include 138 senior housing units in a complex near the junction of US 169 and Hennepin Town Road. Source: City of Eden Prairie staff repoft ir--I II CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Approve Stipulation for Settlement Agreement for Acquisition of Property Located at 730 Vogelsberg Trail in Conjunction with the TH101 Improvements, City Project No. 14­08 Section NEW BUSINESS Item No: H.1. Prepared By Paul Oehme, Dir. of Public Works/City Engineer File No: Project No. 2014­08 PROPOSED MOTION “The City Council approves the Settlement Agreement for Acquisition of Property located at 730 Vogelsberg Trail in conjunction with the TH 101 Improvements, contingent on satisfactory title review by the City Attorney and receipt of MnDOT funds, for City Project No. 14­08." Approval requires a Simple Majority Vote of members present. BACKGROUND On November 23, 2015, the City Council approved the Environmental Assessment Worksheet (EAW) and adopted the official map of the corridor. In 2018, the city was successful in acquiring $9 million in State of Minnesota bond funds to help fund the reconstruction of Highway 101. On October 8, 2018 the City Council approve a consultant contract and Joint Powers Agreement with Carver County for final design and construction of TH101.  DISCUSSION The Highway 101 project will expand and realign TH 101 to a four­lane urban roadway section from Pioneer Trail (CSAH 14) to Flying Cloud Drive (CSAH 61). This 1.1­mile section of road will be designed to meet County State Aid standards. The project generally consists of grading, paving, storm sewer, pedestrian bridge, pedestrian underpass, pedestrian trails, retaining walls, ponds, street lighting, bridge removal, improvements to CSAH 61, water main, and sanitary sewer construction. The city has taken the lead on the project and has been working with MnDOT and Carver County on a funding package to complete engineering and the reconstruction of Highway 101.  The total project is estimated to cost $30 million, so additional funding besides the $9 million in state Local Road Improvement Program (LRIP) bonding dollars are necessary.  MnDOT is planning to use local metro district funds, along with turnback funds, to fill the funding gap.  The city will be responsible for the water main and sanitary sewer trunk improvement costs.  The city is also anticipated to help pay for some of the improvements, such as trail improvements.  CITY COUNCIL STAFF REPORTTuesday, November 13, 2018SubjectApprove Stipulation for Settlement Agreement for Acquisition of Property Located at 730Vogelsberg Trail in Conjunction with the TH101 Improvements, City Project No. 14­08SectionNEW BUSINESS Item No: H.1.Prepared By Paul Oehme, Dir. of Public Works/CityEngineer File No: Project No. 2014­08PROPOSED MOTION“The City Council approves the Settlement Agreement for Acquisition of Property located at 730 Vogelsberg Trail inconjunction with the TH 101 Improvements, contingent on satisfactory title review by the City Attorney and receiptof MnDOT funds, for City Project No. 14­08."Approval requires a Simple Majority Vote of members present.BACKGROUNDOn November 23, 2015, the City Council approved the Environmental Assessment Worksheet (EAW) and adoptedthe official map of the corridor.In 2018, the city was successful in acquiring $9 million in State of Minnesota bond funds to help fund thereconstruction of Highway 101.On October 8, 2018 the City Council approve a consultant contract and Joint Powers Agreement with Carver Countyfor final design and construction of TH101. DISCUSSIONThe Highway 101 project will expand and realign TH 101 to a four­lane urban roadway section from Pioneer Trail(CSAH 14) to Flying Cloud Drive (CSAH 61). This 1.1­mile section of road will be designed to meet County StateAid standards. The project generally consists of grading, paving, storm sewer, pedestrian bridge, pedestrianunderpass, pedestrian trails, retaining walls, ponds, street lighting, bridge removal, improvements to CSAH 61, watermain, and sanitary sewer construction.The city has taken the lead on the project and has been working with MnDOT and Carver County on a fundingpackage to complete engineering and the reconstruction of Highway 101.  The total project is estimated to cost $30million, so additional funding besides the $9 million in state Local Road Improvement Program (LRIP) bonding dollarsare necessary.  MnDOT is planning to use local metro district funds, along with turnback funds, to fill the funding gap.  The city will be responsible for the water main and sanitary sewer trunk improvement costs.  The city is also anticipated to help pay for some of the improvements, such as trail improvements.  The realignment and widening of TH 101 requires significantly more right­of­way.  Carver County and Chanhassen have been working with property owners on right­of­way acquisitions since the preliminary design and official mapping was completed in 2015.  The property owner at 730 Vogelsberg Trail would like to be bought out at this time.  Carver County right­of­way agents completed the negotiations.  Terms of the settlement agreement can be found in the attached stipulation.   MnDOT funds will be used for right­of­way acquisitions.  The MnDOT funds will be transferred to the county and then transferred to the city for closing.  The city attorney has not reviewed the title work for this property at this time.  Approval of this acquisition should be contingent on the city attorney's review and approval of the title work, and the city receiving the MnDOT funds. SCHEDULE The tentative schedule is as follows: First Neighborhood Meeting December 2018 60% Construction Plans Complete March 2019 Bid Project November 2019 Construction Start Spring 2020 Project Substantial Completion Fall 2021 ATTACHMENTS: Stipulation for Settlement Agreement CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject Review of Claims Paid 11­13­2018 Section CORRESPONDENCE DISCUSSION Item No: K.1. Prepared By Greg Sticha, Finance Director File No:  SUMMARY The following claims are submitted for review on November 13, 2018: Check Numbers Amounts 168114 – 168202 $118,273.27 ACH Payments $791,561.19 Total All Claims $909,834.46 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 11/5/2018 9:08 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount 10Spr 10 Spring Inc 10/18/2018 0.00 35,402.50168114 Andon ANDON INC 10/18/2018 0.00 42.32168115 BCATRA BCA 10/18/2018 0.00 15.00168116 BryRoc BRYAN ROCK PRODUCTS INC 10/18/2018 0.00 2,466.04168117 Cenene CENTERPOINT ENERGY MINNEGASCO 10/18/2018 0.00 1,120.00168118 cenlin CenturyLink 10/18/2018 0.00 64.00168119 CorMai CORE & MAIN LP 10/18/2018 0.00 2,877.48168120 CULLIG CULLIGAN 10/18/2018 0.00 30.10168121 edina EDINA REALTY TITLE 10/18/2018 0.00 30.00168122 Ehlers EHLERS & ASSOCIATES INC 10/18/2018 0.00 1,920.00168123 envcon Environmental Control Systems Inc 10/18/2018 0.00 100.00168124 KirkKath Kathy Kirkeby 10/18/2018 0.00 250.00168125 KnoBui KNOBLAUCH BUILDERS LLC 10/18/2018 0.00 2,500.00168126 MidPla MIDWEST PLAYSCAPES 10/18/2018 0.00 8,007.00168127 MNUCFU Minnesota UC Fund 10/18/2018 0.00 54.94168128 MCMA MN CITY/COUNTY MGMT ASSOC.10/18/2018 0.00 196.21168129 PitBow Pitney Bowes Inc.10/18/2018 0.00 713.94168130 RaiTre RAINBOW TREE COMPANY 10/18/2018 0.00 295.00168131 RaymThom Thomas Raymond 10/18/2018 0.00 4,000.00168132 SouRen Southwest Rental & Sales 10/18/2018 0.00 809.61168133 sousub Southwest Suburban Publishing 10/18/2018 0.00 510.92168134 TFOFIN TFORCE FINAL MILE 10/18/2018 0.00 46.41168135 TheMus The Mustard Seed, Inc.10/18/2018 0.00 247.84168136 TOWFEN TOWN & COUNTRY FENCE 10/18/2018 0.00 2,700.00168137 VicSta Victor Stanley, Inc.10/18/2018 0.00 5,121.00168138 WalMar Wal-Mart Stores Inc 10/18/2018 0.00 632.10168139 WastMana Waste Management of Minnesota, Inc 10/18/2018 0.00 704.24168140 CouVet Countryside Veterinary Clinic PLLC 10/19/2018 0.00 995.83168141 AARP AARP 10/25/2018 0.00 365.00168142 apagro APACHE GROUP 10/25/2018 0.00 990.00168143 Borsta BORDER STATES ELECTRIC SUPPLY 10/25/2018 0.00 56.12168144 CapAge CAP AGENCY 10/25/2018 0.00 2,100.00168145 CAPHOM Capstone Homes Inc 10/25/2018 0.00 750.00168146 CarEnv CARVER COUNTY ENVIRONMENTAL 10/25/2018 0.00 122.26168147 CemPro CEMSTONE PRODUCTS CO 10/25/2018 0.00 879.50168148 CHASKA CITY OF CHASKA 10/25/2018 0.00 432.86168149 CorMai CORE & MAIN LP 10/25/2018 0.00 230.00168150 CreHil Creek Hill Custom Homes Inc.10/25/2018 0.00 750.00168151 CrysKevi Kevin Crystal 10/25/2018 0.00 197.28168152 CURBTO CURB TO CURB INC 10/25/2018 0.00 2,592.00168153 DemCon DEM-CON LANDFILL 10/25/2018 0.00 308.72168154 EngNew ENGINEERING NEWS-RECORD 10/25/2018 0.00 73.00168155 GerhTodd TODD GERHARDT 10/25/2018 0.00 188.40168156 GOGYMN Go Gymnastics 10/25/2018 0.00 682.50168157 GonHOm GONYEA HOMES 10/25/2018 0.00 750.00168158 GymWor GYM WORKS INC 10/25/2018 0.00 1,081.00168159 HENCHE HENNEPIN COUNTY CHIEF'S ASSOC 10/25/2018 0.00 215.00168160 Page 1AP Checks by Date - Summary by Check Number (11/5/2018 9:08 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount ICMART ICMA RETIREMENT AND TRUST-457 10/25/2018 0.00 1,445.83168161 INDLIG INDUSTRIAL LIGHTING SUPPLY INC 10/25/2018 0.00 51.40168162 JensJoh John Jensen 10/25/2018 0.00 250.00168163 laneq2 Lano Equipment of Norwood Inc 10/25/2018 0.00 32.45168164 Macken MACKENTHUN'S 10/25/2018 0.00 573.59168165 FavrKati Katie Mathews 10/25/2018 0.00 250.00168166 MauEnt MAUND ENTERTAINMENT INC 10/25/2018 0.00 1,090.00168167 MinuPre Minuteman Press 10/25/2018 0.00 96.00168168 moomed MOORE MEDICAL 10/25/2018 0.00 79.66168169 nobwin NOBLE WINDOWS INC 10/25/2018 0.00 246.58168170 NovoChr Christopher Novogratz 10/25/2018 0.00 750.00168171 shewil SHERWIN WILLIAMS 10/25/2018 0.00 56.76168172 StudJami Jamie & Rachel Studnicka 10/25/2018 0.00 500.00168173 TayEle Taylor Electric Company, LLC 10/25/2018 0.00 2,850.00168174 TheiKen KENNETH A THIES 10/25/2018 0.00 550.00168175 TowFen TOWN & COUNTRY FENCE 10/25/2018 0.00 795.00168176 UnitRent United Rentals (North America), Inc.10/25/2018 0.00 787.50168177 WastMana Waste Management of Minnesota, Inc 10/25/2018 0.00 80.24168178 WingRich RICHARD WING 10/25/2018 0.00 100.00168179 POST POSTMASTER 10/31/2018 0.00 1,248.05168180 ASPMIL ASPEN MILLS 11/01/2018 0.00 111.78168181 BANFOR BANN FORMS TECHNOLOGY 11/01/2018 0.00 594.00168182 BYIHOM Byington Homes LLC 11/01/2018 0.00 250.00168183 EmbMinn CENTURYLINK 11/01/2018 0.00 713.13168184 CHARED Chanhassen Red Birds Baseball Club 11/01/2018 0.00 290.00168185 ANAFATT Ana Fatturi 11/01/2018 0.00 59.42168186 gonhom GONYEA HOMES 11/01/2018 0.00 2,500.00168187 HENTEC Hennepin Technical College 11/01/2018 0.00 305.00168188 HERDBEVE Beverly Herda 11/01/2018 0.00 300.00168189 INTCOD International Code Council Inc 11/01/2018 0.00 135.00168190 JUNSAF Junkin Safety Appliance Co Inc 11/01/2018 0.00 786.30168191 KENGRA KENNEDY & GRAVEN, CHARTERED 11/01/2018 0.00 3,410.75168192 KNOBUI KNOBLAUCH BUILDERS LLC 11/01/2018 0.00 750.00168193 MCDCON MCDONALD CONSTRUCTION 11/01/2018 0.00 2,500.00168194 PRIREN Princeton Rental Inc 11/01/2018 0.00 2,519.91168195 PULTGROU Pulte Group Pulte Homes of MN LLC 11/01/2018 0.00 2,500.00168196 RAITRE RAINBOW TREE COMPANY 11/01/2018 0.00 550.00168197 SchaViol Viola Scharrer 11/01/2018 0.00 12.00168198 SIGNSO SIGNSOURCE 11/01/2018 0.00 875.00168199 TFOFIN TFORCE FINAL MILE 11/01/2018 0.00 41.67168200 WESBAY WEST BAY HOMES CORPORATION 11/01/2018 0.00 2,500.00168201 WIELBETH Beth Wieland 11/01/2018 0.00 120.13168202 Report Total (89 checks): 118,273.27 0.00 Page 2AP Checks by Date - Summary by Check Number (11/5/2018 9:08 AM) Accounts Payable Checks by Date - Summary by Check User: dwashburn Printed: 11/5/2018 9:11 AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-ALEALL Alert-All Corp 10/17/2018 0.00 140.00 ACH Z-AMAZON Amazon 10/17/2018 0.00 625.37 ACH Z-AMELEG American Legion 10/17/2018 0.00 37.62 ACH Z-AMEPLA American Planning Association 10/17/2018 0.00 1,020.00 ACH Z-BATPLU Batteries Plus 10/17/2018 0.00 59.97 ACH Z-CARCOF Caribou Coffee 10/17/2018 0.00 15.04 ACH Z-CARCOU Carver County Environmental Center 10/17/2018 0.00 152.00 ACH Z-CARCOT Carver County Taxpaer Services 10/17/2018 0.00 20.00 ACH Z-CDWG CDW Government 10/17/2018 0.00 1,079.85 ACH Z-CHAFLO Chanhassen Floral 10/17/2018 0.00 65.00 ACH Z-COBORN Coborn's Delivers 10/17/2018 0.00 92.65 ACH Z-COSTCO Costco Wholesale 10/17/2018 0.00 120.87 ACH Z-COUINN Country Inn & Suites 10/17/2018 0.00 481.24 ACH Z-CUBFOO Cub Foods 10/17/2018 0.00 264.20 ACH Z-DAVANN Davanni's 10/17/2018 0.00 1,006.05 ACH Z-DOLTRE Dollar Tree Stores Inc 10/17/2018 0.00 4.30 ACH Z-DOMINO Domino's Pizza 10/17/2018 0.00 52.05 ACH Z-edarle edarley.com 10/17/2018 0.00 451.52 ACH Z-EMISUP EMI Supply Inc 10/17/2018 0.00 879.50 ACH Z-ENCRYP Encryptomatic LLC 10/17/2018 0.00 21.36 ACH Z-FACBOO Facebook 10/17/2018 0.00 46.03 ACH Z-FEDEX FedEx Office 10/17/2018 0.00 71.91 ACH Z-FIRSMA Fire Smart Promotions 10/17/2018 0.00 510.00 ACH Z-FORPRO Foremost Promotions 10/17/2018 0.00 237.90 ACH Z-FRACOV Franklin Covey 10/17/2018 0.00 65.94 ACH Z-GOOWIL Goodwill 10/17/2018 0.00 16.06 ACH Z-GFOA Government Finance Officers Association 10/17/2018 0.00 690.00 ACH Z-HACCOM Hach Company 10/17/2018 0.00 437.84 ACH Z-HALCOM Hallock Company 10/17/2018 0.00 158.29 ACH Z-HOMDEP Home Depot 10/17/2018 0.00 590.17 ACH Z-JIMOLD Jimmies Old Southern BBQ 10/17/2018 0.00 55.89 ACH Z-JIMJOH Jimmy Johns 10/17/2018 0.00 337.37 ACH Z-KBID K-BID.com 10/17/2018 0.00 49.75 ACH Z-KWITRI Kwik Trip 10/17/2018 0.00 40.66 ACH Z-LITPAR Litin's Party Value 10/17/2018 0.00 55.99 ACH Z-LUNBYE Lunds & Byerly's 10/17/2018 0.00 109.07 ACH Z-M3MUS M3 Music N More 10/17/2018 0.00 0.00 ACH Z-MAIFLO Main Floral 10/17/2018 0.00 69.63 ACH Z-MENARD Menards 10/17/2018 0.00 59.66 ACH Z-MERLIN Merlins Ace Hardware 10/17/2018 0.00 31.13 ACH Z-MNRUR Minnesota Rural Water Association 10/17/2018 0.00 375.00 ACH Z-MINSTA Minnesota State Fire Chiefs Association 10/17/2018 0.00 175.00 ACH Z-MNAWWA MN American Water Works Association 10/17/2018 0.00 517.00 ACH Z-MNSEC MN Secretary of State 10/17/2018 0.00 120.00 ACH Z-MSCIND MSC Industrial Supply 10/17/2018 0.00 295.20 ACH Z-OFFMAX Office Max/Office Depot 10/17/2018 0.00 484.36 ACH Z-PERKIN Perkins 10/17/2018 0.00 22.32 Page 1 of 3 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH Z-POSFLO Posy Floral and Gifts 10/17/2018 0.00 53.44 ACH Z-POTBEL Potbelly Sandwich Shop 10/17/2018 0.00 -10.73 ACH Z-PREROL Precision Roller 10/17/2018 0.00 67.50 ACH Z-PUBSUR Public Surplus 10/17/2018 0.00 25.00 ACH Z-REVDAN Revolution Dancewear 10/17/2018 0.00 1,091.90 ACH Z-ROCLAN Rockhard Landscape Supply 10/17/2018 0.00 467.06 ACH Z-ROTCLU Rotary Club 10/17/2018 0.00 106.00 ACH Z-SAMCLU Sam's Club 10/17/2018 0.00 132.04 ACH Z-SHOTRU Shorewood True Value 10/17/2018 0.00 11.82 ACH Z-SMASIG SmartSign 10/17/2018 0.00 36.65 ACH Z-SOUREN Southwest Rental and Sales 10/17/2018 0.00 75.98 ACH Z-STPSTA St Paul Stamp Works Inc 10/17/2018 0.00 25.45 ACH Z-TARGET Target 10/17/2018 0.00 53.38 ACH Z-UOFM U of M Contlearning 10/17/2018 0.00 510.00 ACH Z-USABLU USABlueBook 10/17/2018 0.00 79.59 ACH Z-VESSCO Vessco 10/17/2018 0.00 137.47 ACH Z-VIKELE Viking Electric Supply 10/17/2018 0.00 74.94 ACH Z-WALMAR Wal-Mart 10/17/2018 0.00 53.76 ACH Z-ZORO Zoro 10/17/2018 0.00 141.79 ACH AdaPes ADAM'S PEST CONTROL INC 10/18/2018 0.00 125.00 ACH CarCou Carver County 10/18/2018 0.00 20,388.34 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 10/18/2018 0.00 6,938.43 ACH DelDen Delta Dental 10/18/2018 0.00 2,287.10 ACH FasCom FASTENAL COMPANY 10/18/2018 0.00 180.27 ACH HawChe HAWKINS CHEMICAL 10/18/2018 0.00 240.00 ACH ImpPor IMPERIAL PORTA PALACE 10/18/2018 0.00 9,676.85 ACH InnOff Innovative Office Solutions LLC 10/18/2018 0.00 232.07 ACH KatFue KATH FUEL OIL SERVICE 10/18/2018 0.00 20,635.43 ACH METCO Metropolitan Council, Env Svcs 10/18/2018 0.00 9,840.60 ACH MnLabo MN DEPT OF LABOR AND INDUSTRY 10/18/2018 0.00 3,287.51 ACH mvec MN VALLEY ELECTRIC COOP 10/18/2018 0.00 203.12 ACH PotMn Potentia MN Solar 10/18/2018 0.00 8,903.88 ACH PreWat Premium Waters, Inc 10/18/2018 0.00 21.60 ACH PRTURF PRO TURF 10/18/2018 0.00 268.00 ACH SPRPCS SPRINT PCS 10/18/2018 0.00 103.44 ACH KubiTere Terence Kenneth Kubista 10/18/2018 0.00 50.00 ACH TwiSee TWIN CITY SEED CO. 10/18/2018 0.00 543.40 ACH WauTil Wausau Tile Inc 10/18/2018 0.00 4,046.40 ACH WitPub Witmer Public Safety Group, Inc. 10/18/2018 0.00 787.76 ACH WmMue WM MUELLER & SONS INC 10/18/2018 0.00 1,756.00 ACH xcel XCEL ENERGY INC 10/18/2018 0.00 1,627.53 ACH anctec ANCOM TECHNICAL CENTER 10/25/2018 0.00 141.70 ACH OlsoAnni Annika Olson 10/25/2018 0.00 300.00 ACH BatPlu BATTERIES PLUS 10/25/2018 0.00 79.96 ACH CarCou Carver County 10/25/2018 0.00 83,092.46 ACH ClaSaf CLAREY'S SAFETY EQUIPMENT INC 10/25/2018 0.00 125.00 ACH cormec CORPORATE MECHANICAL 10/25/2018 0.00 301.00 ACH dalco DALCO ENTERPRISES, INC. 10/25/2018 0.00 153.05 ACH FasCom FASTENAL COMPANY 10/25/2018 0.00 14.02 ACH FergEnte Ferguson Waterworks #2516 10/25/2018 0.00 3,182.69 ACH avesis Fidelity Security Life 10/25/2018 0.00 171.59 ACH GMHAsp GMH ASPHALT CORP 10/25/2018 0.00 134,405.67 ACH GRANIC GRANICUS INC 10/25/2018 0.00 8,950.00 ACH HBSpe H&B Specialized Products Inc 10/25/2018 0.00 1,715.92 ACH HawChe HAWKINS CHEMICAL 10/25/2018 0.00 33,033.15 ACH heastr Health Strategies 10/25/2018 0.00 179.00 ACH InnOff Innovative Office Solutions LLC 10/25/2018 0.00 115.74 Page 2 of 3 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH JohSup JOHNSTONE SUPPLY 10/25/2018 0.00 41.40 ACH MetCo Metropolitan Council, Env Svcs 10/25/2018 0.00 12,300.75 ACH MVEC MN VALLEY ELECTRIC COOP 10/25/2018 0.00 98.40 ACH pioeng Pioneer Engineering, P.A. 10/25/2018 0.00 2,537.50 ACH rbmser RBM SERVICES INC 10/25/2018 0.00 4,413.04 ACH srfcon SRF CONSULTING GROUP INC 10/25/2018 0.00 2,381.25 ACH StaPro Stavros Properties 10/25/2018 0.00 869.44 ACH STRGUA STRATOGUARD LLC 10/25/2018 0.00 160.00 ACH SunLif Sun Life Financial 10/25/2018 0.00 1,352.23 ACH TBEI TBEI, Inc 10/25/2018 0.00 2,676.00 ACH TwiSee TWIN CITY SEED CO. 10/25/2018 0.00 1,192.00 ACH UltCon ULTIMATE CONTROLS ELECTRIC LLC 10/25/2018 0.00 2,760.00 ACH UNIWAY UNITED WAY 10/25/2018 0.00 28.40 ACH Vessco VESSCO INC 10/25/2018 0.00 115.00 ACH witpub Witmer Public Safety Group, Inc. 10/25/2018 0.00 313.98 ACH xcel XCEL ENERGY INC 10/25/2018 0.00 21,814.79 ACH AFLAC American Family Life Assurance Company of Columbus 11/01/2018 0.00 39.78 ACH carcou Carver County 11/01/2018 0.00 324,069.00 ACH ColLif Colonial Life & Accident Insurance Co 11/01/2018 0.00 202.08 ACH InnOff Innovative Office Solutions LLC 11/01/2018 0.00 355.19 ACH AlHiJuli Juli Al-Hilwani 11/01/2018 0.00 225.00 ACH MVEC MN VALLEY ELECTRIC COOP 11/01/2018 0.00 181.31 ACH PRARES PRAIRIE RESTORATIONS INC 11/01/2018 0.00 5,060.00 ACH DaniReem Reem Danial 11/01/2018 0.00 411.60 ACH VERIZO VERIZON WIRELESS 11/01/2018 0.00 40.01 ACH XCEL XCEL ENERGY INC 11/01/2018 0.00 34,475.56 Report Total: 0.00 791,561.19 Page 3 of 3 Accounts Payable Check Detail-Checks User: dwashburn Printed: 11/05/2018 - 9:17 AM Name Check Da Account Description Amount 10 Spring Inc 10/18/2018 815-8221-2024 Security Escrow-John Henry Addition 36,410.00 10 Spring Inc 10/18/2018 101-1310-3903 Security Escrow-John Henry Addition -952.50 10 Spring Inc 10/18/2018 720-0000-3903 Security Escrow-John Henry Addition -55.00 10 Spring Inc 35,402.50 AARP 10/25/2018 101-1560-4300 Driver Safety-4 hour refresher course 365.00 AARP 365.00 ANDON INC 10/18/2018 101-1220-4300 helium cylinder 42.32 ANDON INC 42.32 APACHE GROUP 10/25/2018 101-1170-4150 toilet tissue/towel/coreless rolls/cleanser 990.00 APACHE GROUP 990.00 ASPEN MILLS 11/01/2018 101-1220-4240 Pants 111.78 ASPEN MILLS 111.78 BANN FORMS TECHNOLOGY 11/01/2018 101-1250-4340 Building Inspection Report 594.00 BANN FORMS TECHNOLOGY 594.00 BCA 10/18/2018 101-1120-4300 background investigation 15.00 BCA 15.00 BORDER STATES ELECTRIC SUPPLY 10/25/2018 101-1180-4120 light bulbs for voting booths 56.12 BORDER STATES ELECTRIC SUPPLY 56.12 BRYAN ROCK PRODUCTS INC 10/18/2018 101-1550-4150 3/4" screened 2,466.04 BRYAN ROCK PRODUCTS INC 2,466.04 Byington Homes LLC 11/01/2018 815-8202-2024 Erosion Escrow - 6337 Teton Lane 250.00 Byington Homes LLC 250.00 CAP AGENCY 10/25/2018 101-1430-4300 3rd quarter charges 2,100.00 CAP AGENCY 2,100.00 Capstone Homes Inc 10/25/2018 815-8201-2024 Landscape escrow-6337 Teton 750.00 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 1 of 7 Name Check Da Account Description Amount Capstone Homes Inc 750.00 CARVER COUNTY ENVIRONMENTAL 10/25/2018 101-1320-4120 tires/electronics/battery 122.26 CARVER COUNTY ENVIRONMENTAL 122.26 CEMSTONE PRODUCTS CO 10/25/2018 700-0000-4552 3A32 3900 PSI 6BG 3/4-Coulter & Audubon 879.50 CEMSTONE PRODUCTS CO 879.50 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1370-4320 gas charges 80.63 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 700-7019-4320 gas charges 49.24 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 700-0000-4320 gas charges 10.08 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 701-0000-4320 gas charges 10.08 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1170-4320 gas charges 91.66 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 700-7043-4320 gas charges 52.88 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1600-4320 gas charges 16.98 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 701-0000-4320 gas charges 21.27 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1550-4320 gas charges 24.34 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 700-0000-4320 gas charges 17.59 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1190-4320 gas charges 621.04 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1220-4320 gas charges 67.76 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1530-4320 gas charges 38.86 CENTERPOINT ENERGY MINNEGASCO 10/18/2018 101-1120-4320 gas charges 17.59 CENTERPOINT ENERGY MINNEGASCO 1,120.00 CenturyLink 10/18/2018 700-0000-4310 monthly service-October 32.00 CenturyLink 10/18/2018 701-0000-4310 monthly service-October 32.00 CENTURYLINK 11/01/2018 101-1190-4310 phone charges-Oct 2018 127.20 CENTURYLINK 11/01/2018 101-1540-4310 phone charges-10/21 to 11/20 95.40 CENTURYLINK 11/01/2018 700-0000-4310 phone charges-10/21 to 11/20 15.13 CENTURYLINK 11/01/2018 700-7019-4310 phone charges-10/21 to 11/20 210.27 CENTURYLINK 11/01/2018 701-0000-4310 phone charges-10/21 to 11/20 15.13 CENTURYLINK 11/01/2018 101-1160-4320 phone charges-10/21 to 11/20 250.00 CENTURYLINK 777.13 Chanhassen Red Birds Baseball Club 11/01/2018 101-1520-4130 T-shirts, Ball Caps 290.00 Chanhassen Red Birds Baseball Club 290.00 CITY OF CHASKA 10/25/2018 101-1560-4300 explore Wisconsin trip-lodging/food/transportation 432.86 CITY OF CHASKA 432.86 CORE & MAIN LP 10/18/2018 700-0000-4550 Waterous K504A Inside Assembly 1,277.48 CORE & MAIN LP 10/18/2018 700-0000-4550 Clow Medallion Nozzle Section 1,600.00 CORE & MAIN LP 10/25/2018 700-0000-4250 3 ply remote wire 230.00 CORE & MAIN LP 3,107.48 Countryside Veterinary Clinic PLLC 10/19/2018 101-1260-4300 Impound Fees 441.21 Countryside Veterinary Clinic PLLC 10/19/2018 101-1260-4300 Impound Fees 514.02 Countryside Veterinary Clinic PLLC 10/19/2018 101-1260-4300 Service Charge 4.53 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 2 of 7 Name Check Da Account Description Amount Countryside Veterinary Clinic PLLC 10/19/2018 101-1260-4300 Service Charge 7.17 Countryside Veterinary Clinic PLLC 10/19/2018 101-1260-4300 Service Charge 14.40 Countryside Veterinary Clinic PLLC 10/19/2018 101-1260-4300 Service Charge 14.50 Countryside Veterinary Clinic PLLC 995.83 Creek Hill Custom Homes Inc.10/25/2018 815-8201-2024 Landscape escrow-3648 Landings Drive 750.00 Creek Hill Custom Homes Inc. 750.00 Crystal Kevin 10/25/2018 101-1250-3301 Refund deck permit 118.05 Crystal Kevin 10/25/2018 101-1250-3302 Refund deck permit 76.73 Crystal Kevin 10/25/2018 101-0000-2022 Refund deck permit 2.50 Crystal Kevin 197.28 CULLIGAN 10/18/2018 101-0000-2033 Refund Overpayment-Permit 2018-02869 30.10 CULLIGAN 30.10 CURB TO CURB INC 10/25/2018 420-4222-4300 construction broom sweeping/truck/labor 2,592.00 CURB TO CURB INC 2,592.00 DEM-CON LANDFILL 10/25/2018 700-0000-4350 Shakopee landfill 308.72 DEM-CON LANDFILL 308.72 EDINA REALTY TITLE 10/18/2018 601-0000-2231 Refund Assessment Overpayment-25.1602250 -30.00 EDINA REALTY TITLE 10/18/2018 601-0000-1230 Refund Assessment Overpayment-25.1602250 30.00 EDINA REALTY TITLE 10/18/2018 601-6030-3132 Refund Assessment Overpayment-25.1602250 30.00 EDINA REALTY TITLE 30.00 EHLERS & ASSOCIATES INC 10/18/2018 601-0000-4300 Professional services - Franchise Fee Analysis 1,920.00 EHLERS & ASSOCIATES INC 1,920.00 ENGINEERING NEWS-RECORD 10/25/2018 101-1310-4360 subscription renewal-EN031134 73.00 ENGINEERING NEWS-RECORD 73.00 Environmental Control Systems Inc 10/18/2018 101-1320-4120 Staplewasp staples/rental 100.00 Environmental Control Systems Inc 100.00 Fatturi Ana 11/01/2018 101-1220-4370 Mileage, Parking and Lunch for Chiefs Conference 59.42 Fatturi Ana 59.42 GERHARDT TODD 10/25/2018 101-1120-4370 ICMA Conference-meals/parking/lyft 188.40 GERHARDT TODD 188.40 Go Gymnastics 10/25/2018 101-1537-4300 gymnastics classes 682.50 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 3 of 7 Name Check Da Account Description Amount Go Gymnastics 682.50 GONYEA HOMES 10/25/2018 815-8201-2024 Landscape escrow-7640 Windsor Court 750.00 GONYEA HOMES 11/01/2018 815-8226-2024 As-Built Escrow - 7620 Windsor Court 2,500.00 GONYEA HOMES 3,250.00 GYM WORKS INC 10/25/2018 101-1530-4530 treadmill walking belt/crosstrainer lower barrel shaft 1,081.00 GYM WORKS INC 1,081.00 HENNEPIN COUNTY CHIEF'S ASSOC 10/25/2018 101-1220-4360 annual blue card instructor support renewal fee 215.00 HENNEPIN COUNTY CHIEF'S ASSOC 215.00 Hennepin Technical College 11/01/2018 101-1220-4370 EMS Skills Training-Jim Van Asten 305.00 Hennepin Technical College 305.00 Herda Beverly 11/01/2018 101-1600-4300 Tree Lighting Ceremony - Reindeer Deposit 300.00 Herda Beverly 300.00 ICMA RETIREMENT AND TRUST-457 10/25/2018 101-0000-2009 10/26/2018 ID #304303 1,114.58 ICMA RETIREMENT AND TRUST-457 10/25/2018 210-0000-2009 10/26/2018 ID #304303 25.00 ICMA RETIREMENT AND TRUST-457 10/25/2018 700-0000-2009 10/26/2018 ID #304303 152.50 ICMA RETIREMENT AND TRUST-457 10/25/2018 701-0000-2009 10/26/2018 ID #304303 152.49 ICMA RETIREMENT AND TRUST-457 10/25/2018 720-0000-2009 10/26/2018 ID #304303 1.26 ICMA RETIREMENT AND TRUST-457 1,445.83 INDUSTRIAL LIGHTING SUPPLY INC 10/25/2018 101-1190-4510 unshunted rotary locking med bi-pin lampholder slide on 51.40 INDUSTRIAL LIGHTING SUPPLY INC 51.40 International Code Council Inc 11/01/2018 101-1250-4360 Governmental Member Dues - Eric Tessman 135.00 International Code Council Inc 135.00 Jensen John 10/25/2018 815-8202-2024 Erosion escrow-1181 Homestead Lane 250.00 Jensen John 250.00 Junkin Safety Appliance Co Inc 11/01/2018 101-1220-4260 Junkin Plastic Stret Cher in Red 786.30 Junkin Safety Appliance Co Inc 786.30 KENNEDY & GRAVEN, CHARTERED 11/01/2018 601-0000-4300 Franchise Fees 3,410.75 KENNEDY & GRAVEN, CHARTERED 3,410.75 Kirkeby Kathy 10/18/2018 815-8202-2024 Erosion escrow-8990 Quinn Road 250.00 Kirkeby Kathy 250.00 KNOBLAUCH BUILDERS LLC 10/18/2018 815-8226-2024 As Built Escrow-320 Preserve Court 2,500.00 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 4 of 7 Name Check Da Account Description Amount KNOBLAUCH BUILDERS LLC 11/01/2018 815-8201-2024 Landscape Escrow - 340 Preserve Ct 750.00 KNOBLAUCH BUILDERS LLC 3,250.00 Lano Equipment of Norwood Inc 10/25/2018 101-1320-4120 switch assy 32.45 Lano Equipment of Norwood Inc 32.45 MACKENTHUN'S 10/25/2018 101-1560-4300 Oktoberfest party food 573.59 MACKENTHUN'S 573.59 Mathews Katie 10/25/2018 101-0000-1027 Petty cash-Halloween party 250.00 Mathews Katie 250.00 MAUND ENTERTAINMENT INC 10/25/2018 101-1614-4300 Halloween party entertainment 1,090.00 MAUND ENTERTAINMENT INC 1,090.00 MCDONALD CONSTRUCTION 11/01/2018 815-8226-2024 As-Built Escrow - 2169 Red Fox Circle 2,500.00 MCDONALD CONSTRUCTION 2,500.00 MIDWEST PLAYSCAPES 10/18/2018 410-0000-4706 Engineered Wood Fiber 2,800.00 MIDWEST PLAYSCAPES 10/18/2018 101-1550-4530 9' Straight Slither Slide 4,475.00 MIDWEST PLAYSCAPES 10/18/2018 101-1550-4120 6' Bench with Back 732.00 MIDWEST PLAYSCAPES 8,007.00 Minnesota UC Fund 10/18/2018 700-0000-4060 3rd Quarter Unemployment 27.47 Minnesota UC Fund 10/18/2018 701-0000-4060 3rd Quarter Unemployment 27.47 Minnesota UC Fund 54.94 Minuteman Press 10/25/2018 101-1170-4110 business cards 96.00 Minuteman Press 96.00 MN CITY/COUNTY MGMT ASSOC.10/18/2018 101-1120-4360 Membership renewal-Gerhardt 196.21 MN CITY/COUNTY MGMT ASSOC. 196.21 MOORE MEDICAL 10/25/2018 101-1220-4130 nitrile exam gloves 79.66 MOORE MEDICAL 79.66 NOBLE WINDOWS INC 10/25/2018 101-1170-4510 bronze insulated glass 246.58 NOBLE WINDOWS INC 246.58 Novogratz Christopher 10/25/2018 815-8201-2024 Landscape escrow-6653 Amberwood Lane 750.00 Novogratz Christopher 750.00 Pitney Bowes Inc.10/18/2018 101-1170-4110 red ink 713.94 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 5 of 7 Name Check Da Account Description Amount Pitney Bowes Inc. 713.94 POSTMASTER 10/31/2018 700-0000-4330 Utility Statement Postage 624.02 POSTMASTER 10/31/2018 701-0000-4330 Utility Statement Postage 624.03 POSTMASTER 1,248.05 Princeton Rental Inc 11/01/2018 101-1220-4260 Saws for Truck 1 2,519.91 Princeton Rental Inc 2,519.91 Pulte Group Pulte Homes of MN LLC 11/01/2018 815-8226-2024 As-Built Escrow - 710-720 Wildflower 2,500.00 Pulte Group Pulte Homes of MN LLC 2,500.00 RAINBOW TREE COMPANY 10/18/2018 720-7202-4300 White Oak Ln Blvd tree treatment 160.00 RAINBOW TREE COMPANY 10/18/2018 720-7202-4300 Roundhouse Park prop line buckthorn 135.00 RAINBOW TREE COMPANY 11/01/2018 720-7202-4300 Rec Center Tree fertilization 550.00 RAINBOW TREE COMPANY 845.00 Raymond Thomas 10/18/2018 815-8221-2024 Security Escrow-Orchard Green Proj 06-04 4,000.00 Raymond Thomas 4,000.00 Scharrer Viola 11/01/2018 101-1560-3637 Refund - A Whistle and a Song 12.00 Scharrer Viola 12.00 SHERWIN WILLIAMS 10/25/2018 700-0000-4550 paint 56.76 SHERWIN WILLIAMS 56.76 SIGNSOURCE 11/01/2018 101-1120-4300 For Sale Sign -- 4x4 V-Real Estate Sign 875.00 SIGNSOURCE 875.00 Southwest Rental & Sales 10/18/2018 101-1550-4410 Skid Loader/auger rental 184.45 Southwest Rental & Sales 10/18/2018 101-1550-4410 Skid Loader/auger/dingo rental 625.16 Southwest Rental & Sales 809.61 Southwest Suburban Publishing 10/18/2018 101-1110-4340 printing/advertising 51.20 Southwest Suburban Publishing 10/18/2018 101-1310-4340 printing/advertising 76.80 Southwest Suburban Publishing 10/18/2018 101-1410-4340 printing/advertising 28.80 Southwest Suburban Publishing 10/18/2018 700-7050-4340 printing/advertising 354.12 Southwest Suburban Publishing 510.92 Studnicka Jamie & Rachel 10/25/2018 815-8202-2024 Erosion escrow-7497 Saratoga Drive 500.00 Studnicka Jamie & Rachel 500.00 Taylor Electric Company, LLC 10/25/2018 101-1350-4565 install pole mounted signal heads-78th & Laredo 2,850.00 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 6 of 7 Name Check Da Account Description Amount Taylor Electric Company, LLC 2,850.00 TFORCE FINAL MILE 10/18/2018 700-0000-4330 delivery-Mn Dept of Health 46.41 TFORCE FINAL MILE 11/01/2018 101-1310-4300 The Arbors 2nd Addition plat - City to Campbell Knutson 41.67 TFORCE FINAL MILE 88.08 The Mustard Seed, Inc.10/18/2018 101-1550-4150 edging 103.96 The Mustard Seed, Inc.10/18/2018 101-1550-4150 straw/corn shock/pumpkins 143.88 The Mustard Seed, Inc. 247.84 THIES KENNETH A 10/25/2018 101-1614-4300 Halloween party hayrides 550.00 THIES KENNETH A 550.00 TOWN & COUNTRY FENCE 10/18/2018 101-1550-4300 replace 3 panels of 6' tall fence 2,700.00 TOWN & COUNTRY FENCE 10/25/2018 101-1550-4300 repair chain link corner post damage 795.00 TOWN & COUNTRY FENCE 3,495.00 United Rentals (North America), Inc.10/25/2018 720-7025-4751 mat for stormwater project-6870 Utica Ln 787.50 United Rentals (North America), Inc. 787.50 Victor Stanley, Inc.10/18/2018 410-0000-4705 Freestanding table with seats 5,121.00 Victor Stanley, Inc. 5,121.00 Wal-Mart Stores Inc 10/18/2018 815-8221-2024 Security Escrow balance-Traffic Impact Study 632.10 Wal-Mart Stores Inc 632.10 Waste Management of Minnesota, Inc 10/18/2018 101-1550-4300 September-Lake Ann Park Maintenance 460.18 Waste Management of Minnesota, Inc 10/18/2018 101-1550-4300 August-Lake Ann Park Maintenance 244.06 Waste Management of Minnesota, Inc 10/25/2018 101-1220-4350 garbage service 80.24 Waste Management of Minnesota, Inc 784.48 WEST BAY HOMES CORPORATION 11/01/2018 815-8226-2024 As-Built Escrow - 7390 Dogwood Road 2,500.00 WEST BAY HOMES CORPORATION 2,500.00 Wieland Beth 11/01/2018 101-1130-4370 Beginning, Interm and Advanced Gov Accounting classes 120.13 Wieland Beth 120.13 WING RICHARD 10/25/2018 101-1220-4350 Station 2 cleaning 100.00 WING RICHARD 100.00 118,273.27 Accounts Payable - Check Detail-Checks (11/05/2018 - 9:17 AM)Page 7 of 7 Accounts Payable Check Detail-ACH User: dwashburn Printed: 11/05/2018 - 9:23 AM Name Check D Account Description Amount ADAM'S PEST CONTROL INC 10/18/2018 101-1170-4300 Monthly service 125.00 ADAM'S PEST CONTROL INC 125.00 Alert-All Corp 10/17/2018 101-1220-4375 Custom Fire Hat Shield Sticker 140.00 Alert-All Corp 140.00 Al-Hilwani Juli 11/01/2018 101-1533-4300 Personal Training 225.00 Al-Hilwani Juli 225.00 Amazon 10/17/2018 101-1320-4240 Steel toe boots 62.97 Amazon 10/17/2018 101-1530-4150 Fray Liquid Seam Sealant 9.22 Amazon 10/17/2018 101-1806-4130 Field Signage 25.67 Amazon 10/17/2018 101-1807-4130 Field Signage 25.00 Amazon 10/17/2018 101-1530-4130 Planter for lobby 45.15 Amazon 10/17/2018 101-1530-4130 Plant Caddy for lobby 27.91 Amazon 10/17/2018 700-7050-4705 USB to ethernet adapter 39.98 Amazon 10/17/2018 101-1160-4530 Screen protector iphone 8+ 7.85 Amazon 10/17/2018 101-1310-4120 Pry Bars for Steve F 30.32 Amazon 10/17/2018 101-1170-4110 Lanyards - Employee, Solicitor Badges 35.98 Amazon 10/17/2018 101-1170-4110 Tea for coffee area 11.99 Amazon 10/17/2018 101-1170-4110 Apple cider for coffee area 14.90 Amazon 10/17/2018 700-7043-4150 Dehumidifier 55.75 Amazon 10/17/2018 701-0000-4150 Gloves 106.75 Amazon 10/17/2018 700-0000-4240 Steel Toe Boots 62.97 Amazon 10/17/2018 701-0000-4240 Steel Toe Boots 62.96 Amazon 625.37 American Family Life Assurance Company of Columbus11/01/2018 101-0000-2008 October 2018 premium 39.78 American Family Life Assurance Company of Columbus 39.78 American Legion 10/17/2018 101-1220-4290 Chiefs meeting 37.62 American Legion 37.62 American Planning Association 10/17/2018 101-1420-4360 Kate's - APA and AICP Membership 625.00 American Planning Association 10/17/2018 101-1520-4370 Regional Planning Conference, Dinner Ticket, Loop Trail 395.00 American Planning Association 1,020.00 ANCOM TECHNICAL CENTER 10/25/2018 101-1220-4531 belt clip/antenna 94.70 ANCOM TECHNICAL CENTER 10/25/2018 101-1220-4260 magnetic mic clip 47.00 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 1 of 12 Name Check D Account Description Amount ANCOM TECHNICAL CENTER 141.70 BATTERIES PLUS 10/25/2018 400-4126-4703 12V Lead-replacement batteries for UPS 79.96 Batteries Plus 10/17/2018 101-1160-4530 SLA 12V Lead batteries 59.97 Batteries Plus 139.93 Caribou Coffee 10/17/2018 101-1120-4370 APMP Board Meeting - coffee 15.04 Caribou Coffee 15.04 Carver County 10/18/2018 700-0000-4300 Annual Maintenance on Fiber Laterals 62.50 Carver County 10/18/2018 101-1210-4300 3rd quarter police contract overtime 20,325.84 Carver County 10/25/2018 101-1160-4320 CarverLink internet/fiber-Sept 537.50 Carver County 10/25/2018 420-4217-4752 Southwest reconnection project 82,014.96 Carver County 10/25/2018 101-1160-4320 CarverLink internet/fiber-Nov 540.00 Carver County 11/01/2018 603-6302-4751 Joint Powers Agreement-Lyman Blvd Improvements 324,069.00 Carver County 427,549.80 Carver County Environmental Center 10/17/2018 101-1550-4120 Tires 86.00 Carver County Environmental Center 10/17/2018 101-1550-4120 Tires 66.00 Carver County Environmental Center 152.00 Carver County Taxpaer Services 10/17/2018 101-1120-4300 Notary Renewal 20.00 Carver County Taxpaer Services 20.00 CCP NI MASTER TENANT 4 LLC 10/18/2018 701-0000-4320 August 2018 1,241.09 CCP NI MASTER TENANT 4 LLC 10/18/2018 101-1220-4320 August 2018 116.42 CCP NI MASTER TENANT 4 LLC 10/18/2018 101-1350-4320 August 2018 3,040.06 CCP NI MASTER TENANT 4 LLC 10/18/2018 101-1540-4320 August 2018 341.88 CCP NI MASTER TENANT 4 LLC 10/18/2018 101-1550-4320 August 2018 364.02 CCP NI MASTER TENANT 4 LLC 10/18/2018 101-1600-4320 August 2018 27.92 CCP NI MASTER TENANT 4 LLC 10/18/2018 700-0000-4320 August 2018 106.94 CCP NI MASTER TENANT 4 LLC 10/18/2018 700-7019-4320 August 2018 1,700.10 CCP NI MASTER TENANT 4 LLC 6,938.43 CDW Government 10/17/2018 700-7050-4705 KVM Tripp Lite 8 port ip 1,079.85 CDW Government 1,079.85 Chanhassen Floral 10/17/2018 101-1110-4370 Flowers for family member death - Kate Aanenson 65.00 Chanhassen Floral 65.00 CLAREY'S SAFETY EQUIPMENT INC 10/25/2018 101-1220-4530 monitor service/calibration 125.00 CLAREY'S SAFETY EQUIPMENT INC 125.00 Coborn's Delivers 10/17/2018 101-1110-4370 Water for City Council 58.63 Coborn's Delivers 10/17/2018 720-0000-4370 snacks/dinner for confence 18.91 Coborn's Delivers 10/17/2018 720-0000-4370 snacks/dinner for confence 15.11 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 2 of 12 Name Check D Account Description Amount Coborn's Delivers 92.65 Colonial Life & Accident Insurance Co 11/01/2018 101-0000-2008 October 2018 premium 60.72 Colonial Life & Accident Insurance Co 11/01/2018 700-0000-2008 October 2018 premium 70.68 Colonial Life & Accident Insurance Co 11/01/2018 701-0000-2008 October 2018 premium 70.68 Colonial Life & Accident Insurance Co 202.08 CORPORATE MECHANICAL 10/25/2018 101-1220-4300 repair Carrier RTU-no cooling 301.00 CORPORATE MECHANICAL 301.00 Costco Wholesale 10/17/2018 101-1537-4130 Rice Krispies 21.98 Costco Wholesale 10/17/2018 101-1530-4130 Coffee 9.99 Costco Wholesale 10/17/2018 101-1170-4110 Office supplies - tissues, batteries, coffee creamer 88.90 Costco Wholesale 120.87 Country Inn & Suites 10/17/2018 720-0000-4370 9/10/18-9/13/18 room stay for conference 481.24 Country Inn & Suites 481.24 Cub Foods 10/17/2018 101-1220-4290 Ladder 11/Send Off - Water, Milk, Pop 36.61 Cub Foods 10/17/2018 101-1220-4290 Ladder 11/Send Off - Ice Cream 13.98 Cub Foods 10/17/2018 101-1600-4130 Plates, Forks, Napkins 20.21 Cub Foods 10/17/2018 101-1220-4290 Ladder 11/Send Off - Buns, Brats, Cake 98.56 Cub Foods 10/17/2018 101-1520-4130 Park Maintenance meeting - donuts 8.99 Cub Foods 10/17/2018 101-1220-4290 Dinner/Ladder Send off - Chips, potato salad 31.07 Cub Foods 10/17/2018 101-1110-4370 City Council - food for meeting/cookies 2.99 Cub Foods 10/17/2018 700-7019-4150 Paper Towels, Vinegar 51.79 Cub Foods 264.20 DALCO ENTERPRISES, INC.10/25/2018 101-1220-4510 toilet bowl mop/aloe wash/soap dispenser 153.05 DALCO ENTERPRISES, INC. 153.05 Danial Reem 11/01/2018 101-1539-4300 Zumba class 411.60 Danial Reem 411.60 Davanni's 10/17/2018 101-1220-4375 Open House - pizza 67.29 Davanni's 10/17/2018 101-1180-4370 Election Judge Meals - supper 107.49 Davanni's 10/17/2018 101-1180-4370 Election Judge Meals - supper 107.49 Davanni's 10/17/2018 101-1180-4370 Election Judge Meals - supper 107.49 Davanni's 10/17/2018 101-1180-4370 Election Judge Meals - supper 111.93 Davanni's 10/17/2018 101-1180-4370 Election Judge Meals - supper 107.49 Davanni's 10/17/2018 101-1180-4370 Election Judge Meals - supper 173.45 Davanni's 10/17/2018 101-1110-4370 City Council - food for meeting 109.27 Davanni's 10/17/2018 101-1110-4370 City Council dinner 114.15 Davanni's 1,006.05 Delta Dental 10/18/2018 701-0000-2013 November insurance premium 248.91 Delta Dental 10/18/2018 720-0000-2013 November insurance premium 123.28 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 3 of 12 Name Check D Account Description Amount Delta Dental 10/18/2018 101-0000-2013 November insurance premium 1,605.61 Delta Dental 10/18/2018 101-0000-2013 November insurance premium-cobra 30.20 Delta Dental 10/18/2018 700-0000-2013 November insurance premium 279.10 Delta Dental 2,287.10 Dollar Tree Stores Inc 10/17/2018 101-1560-4130 Ladies Tea supplies - reynolds wrappers, bowls 4.30 Dollar Tree Stores Inc 4.30 Domino's Pizza 10/17/2018 101-1600-4130 Teen Volunteers Party - pizza 52.05 Domino's Pizza 52.05 edarley.com 10/17/2018 700-7050-4706 4 pairs of boots 451.52 edarley.com 451.52 EMI Supply Inc 10/17/2018 700-7050-4703 Safety Storage Cabinet 879.50 EMI Supply Inc 879.50 Encryptomatic LLC 10/17/2018 101-1160-4220 PST Viewer - Support Renewal 21.36 Encryptomatic LLC 21.36 Facebook 10/17/2018 101-1530-4375 Facebook Ads 46.03 Facebook 46.03 FASTENAL COMPANY 10/18/2018 101-1320-4560 S/S Nylok 5/16-18 / 3/8 Nyln FW 20.40 FASTENAL COMPANY 10/18/2018 101-1550-4120 SP-29P drill set 129.08 FASTENAL COMPANY 10/18/2018 700-0000-4150 1/4x1/4 Muni elbow 30.79 FASTENAL COMPANY 10/25/2018 101-1320-4120 5/16-18 Nylock Z 5.06 FASTENAL COMPANY 10/25/2018 101-1320-4560 return-5/16x1/16 nylon washer -4.64 FASTENAL COMPANY 10/25/2018 101-1370-4260 hole saw 13/16 13.60 FASTENAL COMPANY 194.29 FedEx Office 10/17/2018 101-1767-4130 Softball Scorecards 71.91 FedEx Office 71.91 Ferguson Waterworks #2516 10/25/2018 101-1370-4510 LF 3 405 RW 851.39 Ferguson Waterworks #2516 10/25/2018 101-1370-4510 2-1/2 / 3 BRS 150# Thrd Comp Flg 649.38 Ferguson Waterworks #2516 10/25/2018 101-1370-4510 21/2 ICV 125-2-2-T/3 ICV 125-2-2-T/2-1/2 IC RW NRS Gate Vlv 1,681.92 Ferguson Waterworks #2516 3,182.69 Fidelity Security Life 10/25/2018 101-0000-2007 Vision insurance-November 128.94 Fidelity Security Life 10/25/2018 700-0000-2007 Vision insurance-November 23.11 Fidelity Security Life 10/25/2018 701-0000-2007 Vision insurance-November 17.16 Fidelity Security Life 10/25/2018 720-0000-2007 Vision insurance-November 2.38 Fidelity Security Life 171.59 Fire Smart Promotions 10/17/2018 101-1220-4375 Fire Truck Robot Custom Tattoo 200.00 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 4 of 12 Name Check D Account Description Amount Fire Smart Promotions 10/17/2018 101-1220-4375 Jr Firefighter Hat - Patriotic Shield 310.00 Fire Smart Promotions 510.00 Foremost Promotions 10/17/2018 101-1220-4375 Bookmarks, Litterbags 237.90 Foremost Promotions 237.90 Franklin Covey 10/17/2018 101-1420-4120 Planner, Calendar 65.94 Franklin Covey 65.94 GMH ASPHALT CORP 10/25/2018 601-6032-4751 Minnewashta Manor Street Project 16-01 134,405.67 GMH ASPHALT CORP 134,405.67 Goodwill 10/17/2018 101-1220-4375 Burn House 16.06 Goodwill 16.06 Government Finance Officers Association 10/17/2018 101-1130-4370 GFOA conference - Danielle 210.00 Government Finance Officers Association 10/17/2018 101-1130-4370 GFOA conference - Greg 210.00 Government Finance Officers Association 10/17/2018 101-1130-4370 GFOA conference - Beth 210.00 Government Finance Officers Association 10/17/2018 101-1130-4370 Beginning Accounting Class - Beth 20.00 Government Finance Officers Association 10/17/2018 101-1130-4370 Intermediate Accounting Class - Beth 20.00 Government Finance Officers Association 10/17/2018 101-1130-4370 Advanced Accounting Class - Beth 20.00 Government Finance Officers Association 690.00 GRANICUS INC 10/25/2018 210-0000-4300 Novus/Agenda annual license 8,950.00 GRANICUS INC 8,950.00 H&B Specialized Products Inc 10/25/2018 101-1530-4510 service-Modernfold meeting room wall 1,715.92 H&B Specialized Products Inc 1,715.92 Hach Company 10/17/2018 700-7043-4550 Dissolved Oxygen AccuVac Ampules 86.17 Hach Company 10/17/2018 700-7043-4550 Chemkey, Chlorine 351.67 Hach Company 437.84 Hallock Company 10/17/2018 701-0000-4150 115 VAC, 60Hz, Flush, 1.89" 158.29 Hallock Company 158.29 HAWKINS CHEMICAL 10/18/2018 700-7043-4160 Chlorine Cylinder 80.00 HAWKINS CHEMICAL 10/18/2018 700-7043-4160 Ton chlorine cylinder 160.00 HAWKINS CHEMICAL 10/25/2018 700-7019-4160 Azone 5,119.45 HAWKINS CHEMICAL 10/25/2018 700-7043-4160 Hydrofluosilicic acid/corrosion inhibitor/sodium permanganate 27,913.70 HAWKINS CHEMICAL 33,273.15 Health Strategies 10/25/2018 101-1220-4300 medical examination-Foote, D 179.00 Health Strategies 179.00 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 5 of 12 Name Check D Account Description Amount Home Depot 10/17/2018 701-0000-4150 Coupling, Conduit 19.98 Home Depot 10/17/2018 701-0000-4150 Bulbs, Tape, Photo Eye replacement 27.85 Home Depot 10/17/2018 701-0000-4150 Clamps, Coupling, Elbows, Copper Round Rod, Conduit 68.40 Home Depot 10/17/2018 701-0000-4150 Expansion Coupling 19.69 Home Depot 10/17/2018 701-0000-4120 Lawn Edging, Staples, Stakes, Landscaping Fabric 167.78 Home Depot 10/17/2018 700-0000-4550 Galvanized Steel Nipples 6.17 Home Depot 10/17/2018 700-0000-4550 Solder Kits, Coupling, Crimps, Pex Tee, Adapter, Elbow 114.03 Home Depot 10/17/2018 700-7043-4150 Squeegee, Grip, Drain Spade - WWTP Backwash & Clear Well 166.27 Home Depot 590.17 IMPERIAL PORTA PALACE 10/18/2018 101-1550-4400 portable restrooms-September 4,877.05 IMPERIAL PORTA PALACE 10/18/2018 101-1550-4400 Portable restrooms-August 4,799.80 IMPERIAL PORTA PALACE 9,676.85 Innovative Office Solutions LLC 10/18/2018 101-1170-4110 Office supplies 232.07 Innovative Office Solutions LLC 10/25/2018 101-1170-4110 office supplies 115.74 Innovative Office Solutions LLC 11/01/2018 101-1170-4110 Organizer 51.01 Innovative Office Solutions LLC 11/01/2018 101-1170-4110 Organizer, Clips, Cups, Creamer, Pens 175.90 Innovative Office Solutions LLC 11/01/2018 101-1180-4110 Creamer, Rubberbands, Tape, Pens 128.28 Innovative Office Solutions LLC 703.00 Jimmies Old Southern BBQ 10/17/2018 101-1120-4370 meeting - Franchise Fee, Fiscal Disparities discussion 55.89 Jimmies Old Southern BBQ 55.89 Jimmy Johns 10/17/2018 101-1120-4370 ISD 276 Leaders meeting - food 137.60 Jimmy Johns 10/17/2018 101-1110-4370 City Council dinner 199.77 Jimmy Johns 337.37 JOHNSTONE SUPPLY 10/25/2018 101-1190-4150 pliers/nut driver 41.40 JOHNSTONE SUPPLY 41.40 KATH FUEL OIL SERVICE 10/18/2018 101-1370-4170 Unleaded 87 Eth 10/Ultra Low #2 Dyed 85 20,635.43 KATH FUEL OIL SERVICE 20,635.43 K-BID.com 10/17/2018 101-1530-4130 Lobby Chairs 49.75 K-BID.com 49.75 Kubista Terence Kenneth 10/18/2018 101-1560-4300 British History Presentation: Wales 50.00 Kubista Terence Kenneth 50.00 Kwik Trip 10/17/2018 101-1731-4130 Lake Ann Adventure Camp - Donuts 2.99 Kwik Trip 10/17/2018 101-1220-4370 Fuel - ladder inspection 14.61 Kwik Trip 10/17/2018 101-1220-4370 Fuel - ladder inspection 23.06 Kwik Trip 40.66 Litin's Party Value 10/17/2018 101-1560-4130 Holiday Party supplies - Cups, Plates, Napkins, Placemats 55.99 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 6 of 12 Name Check D Account Description Amount Litin's Party Value 55.99 Lunds & Byerly's 10/17/2018 101-1220-4375 meeting - creamer, bakery 17.57 Lunds & Byerly's 10/17/2018 101-1220-4375 Burn house/Build - Gatorade 16.51 Lunds & Byerly's 10/17/2018 101-1600-4130 Redbird Cake - City Council meeting 74.99 Lunds & Byerly's 109.07 M3 Music N More 10/17/2018 101-1537-4300 Barnyard Boogie DJ 150.00 M3 Music N More 10/17/2018 101-1537-4300 refund-Barnyard Boogie DJ, doesn't use online payments -150.00 M3 Music N More 0.00 Main Floral 10/17/2018 101-1110-4370 Flowers for family member death - Don Nutter 69.63 Main Floral 69.63 Menards 10/17/2018 700-7043-4120 PVC, Coupling, Strap 49.92 Menards 10/17/2018 700-7043-4150 PVC Riser, ELL PVC 9.74 Menards 59.66 Merlins Ace Hardware 10/17/2018 101-1220-4375 Open House supplies 31.13 Merlins Ace Hardware 31.13 Metropolitan Council, Env Svcs 10/18/2018 101-1250-3816 SAC-September -99.40 Metropolitan Council, Env Svcs 10/18/2018 701-0000-2023 SAC-September 9,940.00 Metropolitan Council, Env Svcs 10/25/2018 101-1250-3816 SAC-September -124.25 Metropolitan Council, Env Svcs 10/25/2018 701-0000-2023 SAC-September 12,425.00 Metropolitan Council, Env Svcs 22,141.35 Minnesota Rural Water Association 10/17/2018 700-0000-4370 62.50 Minnesota Rural Water Association 10/17/2018 701-0000-4370 62.50 Minnesota Rural Water Association 10/17/2018 700-0000-4370 C Chihos 62.50 Minnesota Rural Water Association 10/17/2018 701-0000-4370 C Chihos 62.50 Minnesota Rural Water Association 10/17/2018 700-0000-4370 B Martinson 62.50 Minnesota Rural Water Association 10/17/2018 701-0000-4370 B Martinson 62.50 Minnesota Rural Water Association 375.00 Minnesota State Fire Chiefs Association 10/17/2018 101-1120-4370 Fire Chiefs' Conference - mental health training 175.00 Minnesota State Fire Chiefs Association 175.00 MN American Water Works Association 10/17/2018 101-1310-4370 Conference - George Bender 255.00 MN American Water Works Association 10/17/2018 101-1310-4360 George Bender 202.00 MN American Water Works Association 10/17/2018 700-0000-4370 Advanced Treatment Technologies Workshop-Casebeer 60.00 MN American Water Works Association 517.00 MN DEPT OF LABOR AND INDUSTRY 10/18/2018 101-1250-3818 Surcharge-September -67.09 MN DEPT OF LABOR AND INDUSTRY 10/18/2018 101-0000-2022 Surcharge-September 3,354.60 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 7 of 12 Name Check D Account Description Amount MN DEPT OF LABOR AND INDUSTRY 3,287.51 MN Secretary of State 10/17/2018 101-1120-4300 Notary Renewal 120.00 MN Secretary of State 120.00 MN VALLEY ELECTRIC COOP 10/18/2018 101-1350-4320 electricity charges 203.12 MN VALLEY ELECTRIC COOP 10/25/2018 101-1350-4320 electricity charges 98.40 MN VALLEY ELECTRIC COOP 11/01/2018 101-1350-4320 electricity charges 139.61 MN VALLEY ELECTRIC COOP 11/01/2018 101-1350-4320 electricity charges 41.70 MN VALLEY ELECTRIC COOP 482.83 MSC Industrial Supply 10/17/2018 700-7043-4530 2000 3/4"NPT POLY BOWL STD FILTER W/MANUAL DRAIN 295.20 MSC Industrial Supply 295.20 Office Max/Office Depot 10/17/2018 101-1550-4120 Journal, Markers, Pens 128.18 Office Max/Office Depot 10/17/2018 101-1170-4110 Abernathy/Light duty accommodations - Chair 279.76 Office Max/Office Depot 10/17/2018 101-1170-4110 Abernathy/Light duty accommodations - Cart 23.02 Office Max/Office Depot 10/17/2018 101-1160-4150 Pledge wipes, Duster air 12.78 Office Max/Office Depot 10/17/2018 400-4126-4703 USB Car charger and adapters 40.62 Office Max/Office Depot 484.36 Olson Annika 10/25/2018 101-1538-4300 Safe Kids Training Instruction 210.00 Olson Annika 10/25/2018 101-1538-4300 Polite Kids Training Instruction 90.00 Olson Annika 300.00 Perkins 10/17/2018 720-0000-4370 supper for conference 22.32 Perkins 22.32 Pioneer Engineering, P.A.10/25/2018 420-0000-4300 Lake Susan Trail rehabilitation 2,537.50 Pioneer Engineering, P.A. 2,537.50 Posy Floral and Gifts 10/17/2018 101-1110-4370 Flowers for family member death - Jeff Keogh 53.44 Posy Floral and Gifts 53.44 Potbelly Sandwich Shop 10/17/2018 101-1180-4370 Credit from previous bill - election judge meals -10.73 Potbelly Sandwich Shop -10.73 Potentia MN Solar 10/18/2018 101-1170-4320 August 2018 2,984.19 Potentia MN Solar 10/18/2018 101-1190-4320 August 2018 3,815.33 Potentia MN Solar 10/18/2018 700-0000-4320 August 2018 2,104.36 Potentia MN Solar 8,903.88 PRAIRIE RESTORATIONS INC 11/01/2018 720-7202-4300 Lake Ann Park Fall 2018 Buckthorn Seedling Herbicide Treatment 1,350.00 PRAIRIE RESTORATIONS INC 11/01/2018 720-7202-4300 Fox Woods & N Lotus buckthorn spray 3,020.00 PRAIRIE RESTORATIONS INC 11/01/2018 720-7202-4300 Fox Woods remnant buckthorn spray 590.00 PRAIRIE RESTORATIONS INC 11/01/2018 720-7202-4300 Oak Ponds buckthorn spray 100.00 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 8 of 12 Name Check D Account Description Amount PRAIRIE RESTORATIONS INC 5,060.00 Precision Roller 10/17/2018 101-1160-4530 Replacement Scanner glass for Beth W 67.50 Precision Roller 67.50 Premium Waters, Inc 10/18/2018 101-1550-4120 Monthly fee 11.30 Premium Waters, Inc 10/18/2018 101-1550-4120 Monthly fee 10.30 Premium Waters, Inc 21.60 PRO TURF 10/18/2018 101-1550-4300 summer lawn application 160.00 PRO TURF 10/18/2018 101-1550-4300 summer lawn application 108.00 PRO TURF 268.00 Public Surplus 10/17/2018 101-0000-2033 Auction# 2110613,2110625,2110617,2110627, 2122216 25.00 Public Surplus 25.00 RBM SERVICES INC 10/25/2018 101-1190-4300 nightly janitorial-library 2,173.05 RBM SERVICES INC 10/25/2018 101-1170-4300 nightly janitorial-city hall 2,239.99 RBM SERVICES INC 4,413.04 Revolution Dancewear 10/17/2018 101-1535-4130 Dance shoes, Leotards 1,091.90 Revolution Dancewear 1,091.90 Rockhard Landscape Supply 10/17/2018 701-0000-4150 1 1/2" gray trap - 6 ton 467.06 Rockhard Landscape Supply 467.06 Rotary Club 10/17/2018 101-1120-4360 Monthly fee - Todd Gerhardt 53.00 Rotary Club 10/17/2018 101-1520-4360 Monthly fee - Todd Hoffman 53.00 Rotary Club 106.00 Sam's Club 10/17/2018 101-1560-4130 Holiday party supplies, British Royal wedding supplies 108.25 Sam's Club 10/17/2018 101-1170-4110 bowls, plates 23.79 Sam's Club 132.04 Shorewood True Value 10/17/2018 700-0000-4150 Bench Brush Handle 11.82 Shorewood True Value 11.82 SmartSign 10/17/2018 700-7043-4150 Tags - Fire Extinguisher Must Be Inspected Every 30 Days 36.65 SmartSign 36.65 Southwest Rental and Sales 10/17/2018 101-1320-4120 Honda generator 75.98 Southwest Rental and Sales 75.98 SPRINT PCS 10/18/2018 700-0000-4310 monthly charges 51.72 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 9 of 12 Name Check D Account Description Amount SPRINT PCS 10/18/2018 701-0000-4310 monthly charges 51.72 SPRINT PCS 103.44 SRF CONSULTING GROUP INC 10/25/2018 101-1310-4300 Minnetonka W Middle School Intersection Concept 2,381.25 SRF CONSULTING GROUP INC 2,381.25 St Paul Stamp Works Inc 10/17/2018 101-1120-4300 Notary Stamp 25.45 St Paul Stamp Works Inc 25.45 Stavros Properties 10/25/2018 101-1550-4300 2nd & 3rd quarter-parking lot/lawn service 869.44 Stavros Properties 869.44 STRATOGUARD LLC 10/25/2018 101-1160-4300 proofpoint email filtering service-Nov 160.00 STRATOGUARD LLC 160.00 Sun Life Financial 10/25/2018 101-0000-2011 Life Insurance-November cobra 31.52 Sun Life Financial 10/25/2018 101-1120-4040 Life Insurance-November 29.90 Sun Life Financial 10/25/2018 101-1130-4040 Life Insurance-November 20.59 Sun Life Financial 10/25/2018 101-1160-4040 Life Insurance-November 10.53 Sun Life Financial 10/25/2018 101-1250-4040 Life Insurance-November 38.88 Sun Life Financial 10/25/2018 101-1310-4040 Life Insurance-November 40.68 Sun Life Financial 10/25/2018 101-1320-4040 Life Insurance-November 47.34 Sun Life Financial 10/25/2018 101-1370-4040 Life Insurance-November 18.60 Sun Life Financial 10/25/2018 101-1520-4040 Life Insurance-November 15.35 Sun Life Financial 10/25/2018 101-1530-4040 Life Insurance-November 6.03 Sun Life Financial 10/25/2018 101-1560-4040 Life Insurance-November 4.95 Sun Life Financial 10/25/2018 101-1600-4040 Life Insurance-November 9.58 Sun Life Financial 10/25/2018 101-1700-4040 Life Insurance-November 2.39 Sun Life Financial 10/25/2018 101-1550-4040 Life Insurance-November 29.16 Sun Life Financial 10/25/2018 101-1420-4040 Life Insurance-November 33.21 Sun Life Financial 10/25/2018 101-1430-4040 Life Insurance-November 1.98 Sun Life Financial 10/25/2018 210-0000-4040 Life Insurance-November 7.65 Sun Life Financial 10/25/2018 720-7201-4040 Life Insurance-November 2.34 Sun Life Financial 10/25/2018 720-7202-4040 Life Insurance-November 2.34 Sun Life Financial 10/25/2018 101-1170-4040 Life Insurance-November 5.31 Sun Life Financial 10/25/2018 101-1220-4040 Life Insurance-November 18.45 Sun Life Financial 10/25/2018 701-0000-4040 Life Insurance-November 28.91 Sun Life Financial 10/25/2018 700-0000-4040 Life Insurance-November 39.89 Sun Life Financial 10/25/2018 720-0000-4040 Life Insurance-November 12.00 Sun Life Financial 10/25/2018 101-0000-2011 Life Insurance-November 668.79 Sun Life Financial 10/25/2018 210-0000-2011 Life Insurance-November 6.00 Sun Life Financial 10/25/2018 700-0000-2011 Life Insurance-November 103.76 Sun Life Financial 10/25/2018 701-0000-2011 Life Insurance-November 103.76 Sun Life Financial 10/25/2018 720-0000-2011 Life Insurance-November 12.34 Sun Life Financial 1,352.23 Target 10/17/2018 101-1537-4130 Cotton balls, glue 15.69 Target 10/17/2018 101-1616-4130 Playground - Snacks, Craft Thread 23.83 Target 10/17/2018 700-7019-4150 Peroxide 13.86 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 10 of 12 Name Check D Account Description Amount Target 53.38 TBEI, Inc 10/25/2018 101-1320-4120 chainwheel assy/chainwheel helmet/chain single 2,652.00 TBEI, Inc 10/25/2018 101-1320-4120 insta-chain, wheel cover 24.00 TBEI, Inc 2,676.00 TWIN CITY SEED CO.10/18/2018 101-1550-4150 ditch mixture/straw blanket/staples 543.40 TWIN CITY SEED CO.10/25/2018 101-1550-4150 enviroblend hydromulch slick shot & tri flo 596.00 TWIN CITY SEED CO.10/25/2018 720-7025-4751 enviroblend hydromulch slick shot & tri flo 596.00 TWIN CITY SEED CO. 1,735.40 U of M Contlearning 10/17/2018 720-0000-4370 Design of Construction SWPPP conference 310.00 U of M Contlearning 10/17/2018 720-0000-4370 Wetland Delineator Certification Exam 200.00 U of M Contlearning 510.00 ULTIMATE CONTROLS ELECTRIC LLC 10/25/2018 701-0000-4551 HOA replacement final round 2,760.00 ULTIMATE CONTROLS ELECTRIC LLC 2,760.00 UNITED WAY 10/25/2018 101-0000-2006 PR Batch 00426.10.2018 United Way 28.40 UNITED WAY 28.40 USABlueBook 10/17/2018 701-0000-4150 Sanitizing Towels 79.59 USABlueBook 79.59 VERIZON WIRELESS 11/01/2018 101-1220-4310 phone charges 9/19-10/18 40.01 VERIZON WIRELESS 40.01 Vessco 10/17/2018 700-7043-4530 Union nuts, Socket inserts, O-Rings, NPT Inserts 76.88 Vessco 10/17/2018 700-7043-4150 Fitting, F&T, 1/2 OD x 1/2 NPT 60.59 Vessco 137.47 VESSCO INC 10/25/2018 700-7050-4706 wall bracket 115.00 VESSCO INC 115.00 Viking Electric Supply 10/17/2018 701-0000-4150 Steel Locknut, Cord Conn 3/4" and 1/2" 74.94 Viking Electric Supply 74.94 Wal-Mart 10/17/2018 101-1560-4130 Ladies Tea supplies - napkins, tea, creamer 36.11 Wal-Mart 10/17/2018 720-0000-4370 snacks/dinner, notebook, highlighers for conference 17.65 Wal-Mart 53.76 Wausau Tile Inc 10/18/2018 410-0000-4705 Dome-Fed Grn w/ bronze 4,046.40 Wausau Tile Inc 4,046.40 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 11 of 12 Name Check D Account Description Amount Witmer Public Safety Group, Inc.10/18/2018 101-1220-4260 Ladder Belt with Tool/Ladder Hook Extension 787.76 Witmer Public Safety Group, Inc.10/25/2018 101-1220-4260 fire swatter w/ 60" handle 313.98 Witmer Public Safety Group, Inc. 1,101.74 WM MUELLER & SONS INC 10/18/2018 720-7025-4751 Pond excavation 224.00 WM MUELLER & SONS INC 10/18/2018 720-7025-4751 Pond excavation 280.00 WM MUELLER & SONS INC 10/18/2018 720-7025-4751 Pond excavation 420.00 WM MUELLER & SONS INC 10/18/2018 720-7025-4751 pond excavation 56.00 WM MUELLER & SONS INC 10/18/2018 720-7025-4751 pond excavation 224.00 WM MUELLER & SONS INC 10/18/2018 720-7025-4751 pond excavation 552.00 WM MUELLER & SONS INC 1,756.00 XCEL ENERGY INC 10/18/2018 700-0000-4320 electricy charges 1,627.53 XCEL ENERGY INC 10/25/2018 101-1350-4320 electricty charges 28.85 XCEL ENERGY INC 10/25/2018 101-1350-4320 electricty charges 15.94 XCEL ENERGY INC 10/25/2018 101-1600-4320 electricty charges -9.26 XCEL ENERGY INC 10/25/2018 700-0000-4320 electricty charges -3.36 XCEL ENERGY INC 10/25/2018 101-1350-4320 electricty charges 11.31 XCEL ENERGY INC 10/25/2018 700-7043-4320 electricty charges 4,490.23 XCEL ENERGY INC 10/25/2018 101-1350-4320 electricty charges 11.41 XCEL ENERGY INC 10/25/2018 700-0000-4320 electricty charges 7,686.62 XCEL ENERGY INC 10/25/2018 101-1600-4320 electricty charges 12.15 XCEL ENERGY INC 10/25/2018 700-7019-4320 electricty charges 8,678.47 XCEL ENERGY INC 10/25/2018 101-1350-4320 electricty charges 14.53 XCEL ENERGY INC 10/25/2018 101-1350-4320 electricty charges 89.90 XCEL ENERGY INC 10/25/2018 700-7050-4706 St Ltg new const 788.00 XCEL ENERGY INC 11/01/2018 701-0000-4320 electricity charges 5,617.67 XCEL ENERGY INC 11/01/2018 700-0000-4320 electricity charges 4,350.82 XCEL ENERGY INC 11/01/2018 101-1350-4320 electricity charges 19,240.62 XCEL ENERGY INC 11/01/2018 101-1540-4320 electricity charges 330.45 XCEL ENERGY INC 11/01/2018 101-1600-4320 electricity charges 57.50 XCEL ENERGY INC 11/01/2018 101-1550-4320 electricity charges -151.02 XCEL ENERGY INC 11/01/2018 101-1600-4320 electricity charges 165.46 XCEL ENERGY INC 11/01/2018 101-1170-4320 electricity charges 54.76 XCEL ENERGY INC 11/01/2018 101-1190-4320 electricity charges 1,238.43 XCEL ENERGY INC 11/01/2018 101-1220-4320 electricity charges 899.75 XCEL ENERGY INC 11/01/2018 101-1370-4320 electricity charges 2,039.66 XCEL ENERGY INC 11/01/2018 101-1120-4320 electricity charges 121.54 XCEL ENERGY INC 11/01/2018 700-0000-4320 electricity charges 254.96 XCEL ENERGY INC 11/01/2018 701-0000-4320 electricity charges 254.96 XCEL ENERGY INC 57,917.88 Zoro 10/17/2018 700-7043-4120 Air Release Valve 141.79 Zoro 141.79 791,561.19 Accounts Payable - Check Detail-ACH (11/05/2018 - 9:23 AM)Page 12 of 12 CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject General Budget Sheets for Fiscal Year 2018, Period 01­09 Section CORRESPONDENCE DISCUSSION Item No: K.2. Prepared By Greg Sticha, Finance Director File No:  ATTACHMENTS: General Ledger Budget Sheets CITY COUNCIL STAFF REPORT Tuesday, November 13, 2018 Subject October Website Analytics Overview Section CORRESPONDENCE DISCUSSION Item No: K.3. Prepared By Kim Meuwissen, Office Manager File No:  ATTACHMENTS: October Website Analytics Overview City of Chanhassen All Web Site Data GO TO REPORT Top Channels Users Conversions Acquisition Behavior Set up a goal. To see outcome metrics, define one or more goals. GET STARTED Conversions Acquisition Overview Oct 1, 2018 -Oct 31, 2018 Primary Dimension:Conversion: Edit Channel Grouping To see all 5 Channels click here. Top Channels All Goals Organic Search Direct Social Referral (Other)28.3% 66%  Users  Goal Conversion Rate …Oct 8 Oct 15 Oct 22 Oct 29 1,0001,0001,000 2,0002,0002,000 …Oct 8 Oct 15 Oct 22 Oct 29 0.00%0.00%0.00% 100.00%100.00%100.00% 1 Organic Search 2 Direct 3 Social 4 Referral 5 (Other) Users 13,407 New Users 11,184 Sessions 18,221 9,039 3,876 435 340 4 Bounce Rate 62.05% Pages / Session 2.17 Avg. Session Duration 00:01:59 57.81% 74.10% 64.22% 50.97% 100.00% © 2018 Google All Users 100.00% Users City of Chanhassen All Web Site Data GO TO REPORT Page Rows 1 - 10 of 2665 Pages Oct 1, 2018 -Oct 31, 2018 Explorer Pageviews Unique Pageviews Avg. Time on Page Entrances Bounce Rate % Exit Page Value 39,628 % of Total:100.00% (39,628) 32,107 % of Total:100.00% (32,107) 00:01:41 Avg for View:00:01:41 (0.00%) 18,221 % of Total:100.00% (18,221) 62.05% Avg for View:62.05% (0.00%) 45.98% Avg for View:45.98% (0.00%) $0.00 % of Total:0.00% ($0.00) 1.6,243 (15.75%) 4,096 (12.76%)00:02:33 3,807 (20.89%)40.37%33.43%$0.00 (0.00%) 2.1,558 (3.93%) 1,359 (4.23%)00:03:53 1,124 (6.17%)76.07%70.60%$0.00 (0.00%) 3.1,190 (3.00%) 1,003 (3.12%)00:00:49 897 (4.92%)22.52%26.30%$0.00 (0.00%) 4.1,070 (2.70%) 843 (2.63%)00:03:26 418 (2.29%)81.58%63.08%$0.00 (0.00%) 5.1,009 (2.55%) 901 (2.81%)00:02:14 567 (3.11%)86.77%74.53%$0.00 (0.00%) 6.897 (2.26%) 736 (2.29%)00:01:31 555 (3.05%)44.68%41.69%$0.00 (0.00%) 7.809 (2.04%) 735 (2.29%)00:02:53 567 (3.11%)84.48%77.63%$0.00 (0.00%) 8.797 (2.01%) 498 (1.55%)00:00:39 172 (0.94%)25.00%15.18%$0.00 (0.00%) 9.708 (1.79%) 644 (2.01%)00:04:34 457 (2.51%)88.40%81.21%$0.00 (0.00%) 10.684 (1.73%) 637 (1.98%)00:01:36 336 (1.84%)89.88%78.07%$0.00 (0.00%)  Pageviews …Oct 8 Oct 15 Oct 22 Oct 29 1,5001,5001,500 3,0003,0003,000 / /780/Mayor-City-Council-Candidates /296/Recreation-Center /240/Agendas-Minutes-Videos /1018/Job-Opportunities /252/Voting-Elections /273/Halloween-Party /194/Proposed-Developments /479/Absentee-Voting /301/Gym-Schedule © 2018 Google All Users 100.00% Pageviews City of Chanhassen All Web Site Data GO TO REPORT Search Term Rows 1 - 10 of 943 Search Terms Oct 1, 2018 -Oct 31, 2018 Explorer Site Usage Total Unique Searches Results Pageviews / Search % Search Exits % Search Refinements Time after Search Avg. Search Depth 1,221 % of Total:100.00% (1,221) 1.20 Avg for View:1.20 (0.00%) 31.78% Avg for View:31.78% (0.00%) 18.75% Avg for View:18.75% (0.00%) 00:02:34 Avg for View:00:02:34 (0.00%) 1.66 Avg for View:1.66 (0.00%) 1.Pickleball 12 (0.98%)1.00 58.33%8.33%00:01:11 1.17 2.zoning map 10 (0.82%)1.00 60.00%10.00%00:01:04 1.50 3.Halloween 9 (0.74%)1.22 55.56%0.00%00:00:14 0.67 4.pickleball 8 (0.66%)1.12 62.50%11.11%00:00:19 0.75 5.permits 7 (0.57%)1.14 0.00%12.50%00:03:43 2.43 6.Early voting 6 (0.49%)1.17 66.67%28.57%00:00:25 0.17 7.halloween 6 (0.49%)1.00 33.33%33.33%00:00:34 0.50 8.Staff Directory 6 (0.49%)1.33 0.00%0.00%00:01:32 4.50 9.avienda 5 (0.41%)1.40 20.00%0.00%00:01:33 2.80 10.engineering 5 (0.41%)1.00 0.00%40.00%00:01:09 2.20  Total Unique Searches …Oct 8 Oct 15 Oct 22 Oct 29 404040 808080 © 2018 Google All Users 100.00% Total Unique Searches City of Chanhassen All Web Site Data GO TO REPORT Rows 1 - 3 of 3 Overview Oct 1, 2018 -Oct 31, 2018 Explorer Summary 13,407 % of Total: 100.00% (13,407) 13,407 % of Total: 100.00% (13,407) 1.desktop7,74157.33% 2.mobile4,84235.86% 3.tablet9196.81%  Users …Oct 8Oct 15 Oct 22 Oct 29 1,0001,0001,000 2,0002,0002,000 Device CategoryUsersUsers Contribution to total: Users 6.8% 35.9% 57.3% © 2018 Google All Users 100.00% Users City of Chanhassen All Web Site Data GO TO REPORT Rows 1 - 3 of 3 Overview Oct 1, 2018 -Oct 31, 2018 Explorer Summary 13,407% of Total: 100.00% (13,407)13,407% of Total: 100.00% (13,407) 1.desktop 7,741 57.33% 2.mobile 4,842 35.86% 3.tablet 919 6.81%  Users …Oct 8 Oct 15 Oct 22 Oct 29 1,0001,0001,000 2,0002,0002,000 Device Category Users Users Contribution to total: Users 6.8% 35.9% 57.3% © 2018 Google All Users 100.00% Users OCTOBER 2018 WEBSITE ANALYTICS OVERVIEW City of ChanhassenAll Web Site Data GO TO REPORT Language Users % Users 1.en-us 13,125 98.32% 2.en-gb 58 0.43% 3.fr-fr 53 0.40% 4.ko 11 0.08% 5.zh-cn 9 0.07% 6.en-ca 7 0.05% 7.es-xl 7 0.05% 8.de-de 6 0.04% 9.c 5 0.04% 10.es-es 5 0.04% Audience Overview Oct 1, 2018 -Oct 31, 2018 Overview  Sessions  Pageviews …Oct 8 Oct 15 Oct 22 Oct 29 1,0001,0001,000 2,0002,0002,000 1,5001,5001,500 3,0003,0003,000 Users 13,407 New Users 11,184 Sessions 18,221 Number of Sessions per User 1.36 Pageviews 39,628 Pages / Session 2.17 Avg. Session Duration 00:01:59 Bounce Rate 62.05% New Visitor Returning Visitor 24.7% 75.3% © 2018 Google All Users100.00% Users SESSIONS VS. PAGEVIEWS 18,221 Sessions vs. 39,628 Pageviews Session: The period of time a user is actively engaged with our website, app, etc. Pageview: Total # of pages viewed. Repeated views of a single page are counted. HOW ARE THEY FINDING US? 9,039 Organic Search 3,876 Direct 435 Social 340 Referral WHAT ARE THEY USING TO VIEW OUR SITE? WHAT ARE THEY SEARCHING FOR?WHAT PAGES ARE THEY VISITING? NEW VS. RETURNING VISITOR 11,267 New Visitors 3,696 Returning Visitors WHAT CAN WE LEARN? The website should continue to focus on updates for currency and accuracy for large events that bring traffic to the website such as elections.