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04-22-2024 City Council Regular Meeting MinutesCHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2024 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Charlie Howley, Public Works Director/City Engineer; George Bender, Assistant City Engineer; Jerry Ruegemer, Parks and Recreation Director; Andrew Heger, Fire Chief; Lance Pearce, Lieutenant; Andrea McDowell- Poehler, City Attorney. PUBLIC PRESENT: Debbie Larson, 931 Penamint Court Jodi Edstrom, Library Director for Carver County Patrick Jones, Chanhassen and Victoria Library Branch Manager Juan Roman, 731 Bighorn Drive Tim Stewart, 7287 Fawn Hill Road Jody Bunkelman, 7615 Laredo Drive Allen Kreemer, 7615 Kiowa Avenue Andrew Klinkner, 7606 Kiowa Avenue Arlis Bovy, 7339 Frontier Trail PUBLIC ANNOUNCEMENTS: 1. Proclamation: Kim Meuwissen Day Mayor Ryan read the proclamation declaring Kim Meuwissen Day on April 25, 2024. The City Council took a photograph with Kim Meuwissen. Kim Meuwissen read a statement summarizing her career and thanked city staff for the positive work environment and opportunities. Mayor Ryan voiced appreciation for the support of the City Council. 2. Presentation of Certificates of Appreciation and Maple Leaf Awards to Outgoing Commissioners City Council Minutes – April 22, 2024 2 Mayor Ryan provided an overview of the service of previous commissioners and presented a maple leaf award to each outgoing commissioner. The City Council took a photograph with the commissioners. 3. Invitation to Arbor Day Celebration – May 4, 2024 Mayor Ryan read a statement about the Arbor Day Celebration. She invited residents to attend the Arbor Day Celebration on May 4, where they can help plant trees. 4. Presentation of 2024 Arbor Day Poster Contest Winners Mayor Ryan congratulated the winners of the 2024 Arbor Day Poster Contest and thanked area elementary students for their excellent work. She announced the winners of the poster contest and invited them up to take a photograph and receive a certificate. The winners took a photograph with the City Council. CONSENT AGENDA: Councilman McDonald moved, Councilman Kimber seconded that the City Council approve the following consent agenda items 1 through 8 pursuant to the City Manager’s recommendations: 1. Receive Planning Commission Minutes dated March 19, 2024 2. Approve Claims Paid dated April 22, 2024 3. Approve the Annual Renewal of Laserfische Software Subscription Municipality Site License 4. Approve Temporary On-Sale Liquor License to St. Hubert Catholic Church 5. Approve Temporary On-Sale Liquor License, July 3 & 4, 2024, Rotary Club of Chanhassen 6. Designate Official Newspaper 7. Resolution 2024-25: Resolution Calling for a Public Hearing on The Intention to Issue GO Capital Improvement Plan Bonds and the Proposal to Adopt a Capital Improvement Plan Therefor 8. Ordinance 725: Amend 2024 City Fees and Charges Schedule to add an On-Sale Intoxicating Club Liquor License Fee All voted in favor, and the motion carried unanimously with a vote of 5 to 0. City Council Minutes – April 22, 2024 3 VISITOR PRESENTATIONS. 1. Citizen Action Request: Debbie Larson Debbie Larson, 931 Penamint Court, requested improvements to Meadow Green Park and encouraged converting the existing tennis courts to pickle ball courts. She provided images to show the state of the city’s current tennis courts and the pickle ball courts located in Eden Prairie. 2. State of the Library Presentation Jodi Edstrom, Library Director for Carver County, reviewed library system achievements in Carver County. Patrick Jones, Chanhassen and Victoria Library Branch Manager, presented activities happening at the Chanhassen and Victoria library branch, including STEM programming, a quilt show, and the 20th Anniversary. Mayor Ryan thanked Ms. Edstrom and Mr. Jones for the great work they are doing at the library in Chanhassen. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATES. 1. Quarterly Law Enforcement Update Lieutenant Lance Pearce updated the Council on calls of service for 2024 quarter one including calls of service include felony crimes and non-criminal calls. He reviewed the number of traffic stops, DUIs, and vehicle crashes, noting there was a decrease in mental health calls, which he hoped could be related to additional mental health resources. He commented that high-level offenses have increased and provided an overview of current cases under investigation. Mayor Ryan thanked the Chanhassen law enforcement officers for their service. 2. Quarterly Fire Department Update Fire Chief Andrew Heger provided an update on activities that the fire department participated in during the 2024 first quarter, noting the fire department experienced an 11 percent increase. He highlighted successful calls, including a sudden cardio arrest incident. He stated that there were very few fires in the city of Chanhassen. He discussed the training activities completed each week and presented multiple slides to recap the statistics of the calls the fire department responded to. City Council Minutes – April 22, 2024 4 Mayor Ryan thanked Fire Chief Heger for the report, which demonstrated positive changes for the Fire Department. PUBLIC HEARINGS. 1. Resolution 2024-26: Cable Franchise Public Hearing Brian Grogran, Chanhassen’s telecommunications attorney, presented information regarding the legal, technical, and financial qualifications with the proposed franchise with Comcast. He discussed the authority the city has to regulate cable services and reviewed the franchise application timeline and the technical and financial qualifications. Councilman Von Oven asked if Comcast is operating in 19 states, but their LLC is only in six states. Mr. Grogran answered that Comcast has a complicated corporate tree. He stated that the operating entity assigned to this is identified in the report. He commented there are states on the east and west coast who have a different operating entity, but they all fall under the same parent company. Mayor Ryan opened the public hearing. Juan Roman, 731 Bighorn Drive, stated that Comcast does not overbuild other cable providers. He stated concerns with the Comcast cable franchise consideration since Mediacom is an incumbent cable provider. He questioned why Comcast was entering a market that already had providers. He asked the City Council to consider requiring a contractor damage liaison in the franchise contract for residents to contact if they experience any damages, report construction deadlines and delays, and consider removal of the data cap. Mayor Ryan offered the Comcast representative to respond to the concerns stated by Juan Roman. The Comcast representative stated they would respond later. Mayor Ryan closed the public hearing. Mr. Grogran explained that the Mediacom extension is short-term and will need to be reconsidered this fall. Metronet will not offer cable services, and the city cannot determine where and how the build would be completed. He stated that the liaison is addressed in the contractor issue. He will double-check the construction deadlines and delays. He commented that the city cannot insist upon removal of the data cap but can discuss the consideration with the company. City Council Minutes – April 22, 2024 5 Councilwoman Schubert moved, Councilman McDonald seconded that the City Council adopt a resolution establishing findings of fact regarding Comcast’s qualifications including legal, technical, and financial. The City Council also authorizes the staff to negotiate the proposed franchise with Comcast. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. 2. Resolution 2024-27: Accept the Bids and Award the Contract for the 2024 City Pavement Rehabilitation Project; and Resolution 2024-28: Adopt Final Assessment Roll for the 2024 City Pavement Rehabilitation Project; and Resolution 2024-29: Approving the Establishment and Execution of the Volunteer Rain Garden Program Associated with the 2024 City Pavement Rehabilitation Project George Bender, Assistant City Engineer, provided an overview of the project schedule for the 2024 city pavement rehabilitation project. He presented the proposed project areas and scope and noted that Laredo Drive was removed from the project area. He reviewed the public engagement over the course of the project. He explained the bid results and the bid selection method, which was awarded to Park Construction. Charlie Howley, Public Works Director, reviewed the single-family residential assessments for each rehabilitation type. He provided the final assessment amounts for Chan View area, Del Rio/Santa Fe area, and the Stone Creek area. He provided the assessment amounts for mixed-use property, including Chapel Hill Academy, Heritage Park, 12-unit multi-family complexes, 11- unit multi-family complexes, JZTL Coin Laundry, and Colonial Square Commercial strip mall. He noted that Chapel Hill requested a 15-year repayment term and that the Colonial Square Commercial strip mall was halved due to additional entrances. He reviewed the Chanhassen Assessment Policy, the assessment methodology, and the assessment map. Mr. Bender summarized the budget and the cost of the project, noting that the budget is currently under budget with bid amount with alternates and engineering. He explained the remaining schedule for beginning construction and final completion. He noted that the Parks Department and Rotary have coordinated the relocation of the 4th of July parade of 2024. He summarized public feedback received focused on the ‘no parking’ areas, the proposed sidewalk connections, and the assessments. He stated that one impacted property owner felt strong opposition to the proposed sidewalk connections. He explained the bid alternates for the Great Plains sidewalk extension, the Chan View sidewalk extension, and the Stone Creek area pond cleanout. He stated that an adjustment was made on the Chan View sidewalk extension after the last public hearing. Mr. Howley reviewed the rain garden program, including the $2500 payment for joining the program. He explained how the rain garden would lessen the burden on the downtown regional reuse system. He provided an overview of the private property I/I program and stated that seven properties have signed up. He provided the staff recommendation and explained the pavement management strategy and commented that the Frontier trail project has been adjusted to add additional poor OCI streets into the project because this project is under the PMP budget. City Council Minutes – April 22, 2024 6 Councilman von Oven stated that he was happy to see the preliminary notification sent out more than a year in advance. He voiced disappointment for the increase for those individuals in Chan View and asked for an explanation. Mr. Howley answered that the cost was spread around the single-family properties and the mixed-use type properties. He stated that Chapel Hill is the largest traffic generator but was based on units and not trips. Mr. Howley followed the guidance of the policy and tried to be reasonable and fair. He displayed the methodology used to calculate the assessment values, which aligned with the policy. Councilman von Oven clarified that Chapel Hill paid more, the commercial property ended up paying less, and the cost was passed on to the residents. He asked if the halving of the commercial property sets a precedent or if that precedent had previously been set. Mr. Howley responded that they are setting the precedent. He commented that corner lots in single-family neighborhoods are not assessed for roads that do not touch their driveway. He stated the assessment policy could be discussed during the workshop. He noted that there had not been a commercial property with two driveways and they did not want to lose the ability to assess a high traffic generating property for future projects. He commented that this would be a policy amendment suggestion from staff. Councilman von Oven asked if Conestoga and De Rio property owners had been notified since they were added to next year’s projects. Mr. Howley answered that they had not been notified but would be shortly. Mayor Ryan asked for an explanation of why the Chan View sidewalk was not on the south side. Mr. Bender responded that property owners did not want the sidewalk on the south side and that they expressed opposition. Mayor Ryan questioned whether the houses on the north side wanted the sidewalk. Mr. Bender answered that they did not necessarily want the sidewalk. The staff developed an alternate way to keep connectivity and a sidewalk in the area while responding to the received feedback. He stated that the north side would be the less impactful alternative. Mayor Ryan asked why it was less impactful. Mr. Bender responded there are four properties on the north side, while there are seven properties on the south side. The four properties on the north side include three side yards and one front yard. He stated it is difficult to get sidewalks in the neighborhood communities that did not have sidewalks in the past. City Council Minutes – April 22, 2024 7 Mayor Ryan asked what type of curb was present. Mr. Bender stated that there was presently no curb except on the east end of Chan View. The city was proposing to go to the standard curb for a majority, but there was some b-style curb in the project as well. He pointed out where the surmountable curb and b-style curb would be located. Mayor Ryan questioned the difference between the b-style curb and the surmountable curb. Mr. Bender explained that the b-style curb was a solid back with the gutter pain and a six-inch rise. Mayor Ryan commented that older neighborhoods prefer the surmountable curbs for children riding bikes and ease for walking. She requested feedback. Mr. Bender commented that Chan View experiences additional traffic, so more individuals expressed interest in a sidewalk for a safety perspective. This is why the city bid this area as an alternate to provide opportunities for discussion. Mayor Ryan opened the public hearing. Tim Stewart, 7287 Fawn Hill Road, stated he owns one of the 12-unit apartment buildings at 7610 Great Plains Boulevard. He commented there were new neighborhoods installed at Fawn Hill Road a few years ago. He reviewed the assessment amount and stated that the assessment is a bit high. He stated that the numbers used for trips in and out of the building per unit are not feasible. He commented that he was being over-assessed and his residents were not making seven trips per day. He stated that the interest rate over the ten-year period would be $4,800 and questioned why they were being assessed a 6.5 percent interest rate. He stated that the city should repair and replace the new driveway if it is impacted by heavy vehicles. Jody Bunkelman, 7615 Laredo Drive, commented that the sidewalk proposal would impact 150 feet of his property. He requested to not have a sidewalk with the street proposal. He stated that crossing back and forth in front of traffic did not make sense to a pedestrian. He commented that the residents have managed without a sidewalk for many years. He asked who would maintain 150 feet of sidewalk in the winter when the snowplow comes to clean out the fire station and other areas numerous times a day. He stated the sidewalk proposal did not make sense based on the sidewalk maintenance. He commented if the sidewalk is approved, there would be a blind spot on the corner with the bush planted on the property. Allen Kreemer, 7615 Kiowa Avenue, asked how the total assessment project was determined. He stated it comes out to 40 percent. He commented that he was charged 6.5 percent and did not believe he should be charged interest. He asked when the streets were repaved last, and that the neighborhood was due for maintenance. He requested the city extend the interest-free repayment period until the project is completed in June 2025. He commented that he was not in favor of the City Council Minutes – April 22, 2024 8 sidewalk since they benefit the apartments more than the single-family homes. He voiced concerns about sidewalk maintenance in the winter, especially with the possibility of hiring snow removal. He asked whether the project could include a budget for drilling holes for sump pump drains in the curbs and voiced opposition to the ramp-style curbs for numerous reasons. Jack Ogens, 505 Chan View, commented that the neighborhood has been very welcoming. He was originally excited for the roadways to be updated since they receive traffic for school drop- offs, the apartments, and as a main thoroughfare. He stated the sidewalks were not necessary from a safety concern since the road was wide enough to walk on. He commented that with the traffic during the day, vehicles drive a foot or two over in the yards, and voiced concern that a sloped curb would allow vehicles to continue to drive into the yards. He compared the old and the new assessment and commented that it did not make sense since Chapel Hill creates the most traffic. Andrew Klinkner, 7606 Kiowa Avenue, stated that the 35 percent increase on the assessment was heavy, especially when the Chapel Hill assessment and single-family homes assessments both were increased. He requested an extension of the interest-free repayment period until the project is completed in June 2025. He commented that the full curb would benefit his neighbors. He questioned why Chapel Hill drives west and then south into congestion where the new apartment buildings would be located. He questioned if there would be a way to redirect cars to go south out of Chapel Hill. He stated that if Chapel Hill would redirect traffic, a sidewalk was not necessary in the neighborhood. He asked why individuals would cross south and north on the east side and the west side of the sidewalks from a safety standpoint. He encouraged the installation of yellow lights at sidewalk crossing points if they are installed. He did not think a sidewalk would be beneficial near Laredo Drive because of the limited view with the shrubs at that location. Arlis Bovy, 7339 Frontier Trail, stated that she has lived in Chanhassen since 1961 and also owns a double bungalow at 7610 and 7612 Huron Street. She commented she received a notice that she would be assessed at about $4,600. She is not used to this amount and discussed that she would need to increase the rent for the tenants. She received another statement and the assessment increased to $12,500. She asked how she should explain this increase to the tenants. She had asked an employee at city hall about the differences in the assessment values and was told that the city made a mistake since they initially thought it was a private home rather than a double bungalow. She commented that she could not afford this increase. Mayor Ryan closed the public hearing. Mayor Ryan requested that the city staff explain the interest rate. Mr. Bender commented that the finance department establishes the interest rate based on the city’s AAA bond rating and include an additional 2 percent for the use of the money and the processing. The finance department pulls the rate as close to the date of sending out the letters. City Council Minutes – April 22, 2024 9 Mayor Ryan asked if the city had ever extended the beginning of paying interest until the end of the project. Mr. Bender responded that he was not aware of this practice, and it is written into policy that the final assessment is paid at the end of the majority of the expenditure of the city. A resident could typically expect this to occur in mid-November. Mayor Ryan asked whether, when it moves into the final year, it is just finalizing pieces of the project like planting the grass. Mr. Bender answered that the final restoration will be completed in the spring, such as the final punch list items. The substantial use is defined as the full use of the street and right-of-way. Mr. Howley commented that for residents who do not prepay this assessment value, it goes on their taxes. The finance department needs the time to receive this information and send it to the county to be included on the tax rolls. Mayor Ryan stated that there were concerns about the trip calculations and the costs related to the apartments and requested review. Mr. Howley responded that a single-family residence takes nine trips per day based on nationwide data. In multi-family residence, each unit takes 6.7 trips per day. Mr. Bender stated that there is a private parking lot adjacent to the public street. He stated anything that they damage, including a private parking lot, they will repair it. Mayor Ryan asked about the ability to redirect traffic coming out of Chapel Hill. She asked if there was signage or any other steps the city could take to help alleviate the traffic. Mr. Bender answered that they can continue using their working relationship with Chapel Hill to encourage decisions that will benefit the school and the neighborhood. He stated they have seen improvements in the previously suggested changes to traffic. He stated they can try to direct traffic, and the school has done some staggering of when students arrive to help alleviate traffic in the past. He stated that this could be an ongoing conversation. Mayor Ryan stated when the road is redone and they are fixing the gutters and curbs, she wondered if there could be any changes to the entrances and exit. She stated that the increase of assessment seems to be the main concern for residents and asked if there was another way to address the assessment. Mr. Howley stated that the cost for the original assessment and what the city received for bids were the same. Certain properties received an increase, such as the Chapel Hill Academy and City Council Minutes – April 22, 2024 10 single-family units. He apologized for the calculation and stated they attempted to provide a fair assessment. Mr. Bender stated they were attempting to come up with a fair strategy for assessment based on previous conversations with the City Council. He stated that the assessments are under the historical rate for reconstruction. He commented that if the city pays more, it would be going against the policy. Councilman von Oven asked when the last time Chan View was worked on. Mr. Howley stated that Chan View had never been addressed except for patching and small maintenance work. He stated that the cost of improvement is not anymore, and the city is happy to update the road. Councilman Kimber asked why the residents’ numbers were higher than the original assessment. Mr. Howley responded that the numbers do not cancel each other out in the commercial, multi- family housing, and school. These funds would come from the single-family residents. Councilman Kimber asked about the multi-family decrease is based on the trip assessment data. Mr. Howley answered that the difference is segregating the blue road from the yellow road. He assigned the trips and specific units to the units that are impacted most. He commented that they broke down the costs based on where the trips are generated, which decreased the amount for the multi-family units. Councilwoman Schubert stated that a majority of traffic at the strip mall comes out onto Great Plains. She commented that there is not a good procedure for these, and asked if the city is considering the traffic usage coming out on Great Plains. Mr. Howley answered that they did not complete a traffic study specific to Great Plains, and instead the trip was split 50-50. He commented that a 50-50 seemed reasonable and easy to explain. Mr. Bender commented that there were to exits off Great Plains for the strip mall. This solution seemed the most appropriate. Mayor Ryan asked why there is an intersection in the middle of the street to cross from the south side to the north side other than to appease the residents on the south side. She stated that if the sidewalk is installed for safety reasons, it should be installed on the south side. She asked how the bid alternate impacted the assessment amounts. Mr. Bender explained it is about a $233 difference and that all areas would decrease equitably. City Council Minutes – April 22, 2024 11 Councilmember von Oven asked if the alternate is eliminating the west sidewalk or all of Chan View sidewalk. Mr. Bender stated they considered moving the entire sidewalk to the north side, but it does not fit. Mayor Ryan asked if the overall size of the road is a larger width road. Mr. Bender commented that Chan View is 26 feet, while the standard size is 31 feet. Mayor Ryan clarified that the b-curve was proposed. Mr. Bender answered that the b-curve was proposed for a certain percentage of the road. He stated that the b-style curb is to match into the existing grading. He commented that if they lower the streets, there would be additional concerns. He stated that this area is flat, so they are trying to create a minimal drainage slope. He stated that Kimley Horn installed a standard apron curve to keep the water in the gutter. Mr. Howley commented that in brand new neighborhoods, it is surmountable curves everywhere. There would be no vertical curb installed. He stated that the park department would maintain the sidewalk. Mr. Bender stated that this was new information and not all residents were aware of this. Councilwoman Schubert stated that she had never felt unsafe while walking the sidewalk. She stated she would possibly walk on the street if the sidewalks crossed the road. Councilman Kimber asked if there were past years that the city has added sidewalks to the neighborhoods He stated that the assessment discusses improvements to promote the function of pavement structure. He asked if there were past projects where sidewalks were added to roads. Mr. Bender provided examples of pavement projects that considered adding sidewalks for safety concerns, including the 2023 Currie Farms project and the 2019 Lake Drive East project. Councilman von Oven stated it should be either a continuous sidewalk or no sidewalk. The disjointed sidewalk is weird. He commented that residents did not support the sidewalk. Mayor Ryan stated that if all properties on the south side are opposed to the sidewalk, it should not be added. She suggested removing bid option number two from the project. She asked about cutting the curb for sump pump discharge. City Council Minutes – April 22, 2024 12 Mr. Bender answered that the sump pump discharge was considered in the project. He commented that the residents are allowed to tie into the drain tile. The engineering department would work with them to explain how to complete this tie-in. Mayor Ryan asked whether a number for the repayment term would need to be discussed tonight. Mr. Howley stated that if they were to deviate from the policy to allow for fifteen years rather than ten years, it would need to be discussed tonight. Councilman von Oven clarified that the interest rate would be the same. Mr. Bender confirmed this information. Attorney McDowell-Poehler restated the resolution to allow for the fifteen-year extension. Councilman Kimber asked for clarification if residents could sign up for the I & I program for the rain program and repayment options. Mr. Bender answered that the rain gardens can be installed at the low points of the curb. Not all residents will qualify for the rain garden. The I & I program can be utilized until they extend beyond the grant funding. Mayor Ryan stated if there would be a strong desire for residents to install rain programs, it would be great to have the watershed districts financial support. Mr. Howley stated that the watershed purgatory has these programs, but he did not know the qualification standards. Councilman Kimber asked if Chapel Hill is aware of the construction start possibilities and if they plan to discuss the construction timeline with the school. Mr. Bender answered that the city staff will work with Chapel Hill so they have access to their driveway as appropriate. Councilman Kimber moved, Councilman von Oven seconded that the Chanhassen City Council adopt a resolution accepting the bids and awarding a contract including Alternates 1 and 3; adopts a resolution adopting the assessment roll; and adopts a resolution approving the establishment of the Volunteer Rain Garden Program for the 2024 City Pavement Rehabilitation Project, Project No. 24-01, and include the verbiage mentioned by the City Attorney in regard to the repayment period for residents. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS. None. City Council Minutes – April 22, 2024 13 COUNCIL PRESENTATIONS. 1. Report on City Manager’s Performance Review Mayor Ryan stated that the annual review was held for City Manager Laurie Hokkanen. She provided collective thoughts of the City Council based on her positive performance. She thanked City Manager Laurie Hokkanen for her great work in the community. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Councilwoman Schubert moved, Councilman von Oven 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 10:19 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Jenny Potter City Clerk