CC 2010 06 28
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JUNE 28, 2010
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Litsey, Councilwoman
Ernst, Councilwoman Tjornhom, and Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd
Hoffman, Roger Knutson, Greg Sticha, and Terry Jeffery
PUBLIC PRESENT:
Jessica Miller CenterPoint Energy
Mark Fischer 2407 Bridle Creek Trail
Scott Walz 9117 Springfield Drive
Todd Neils 990 Saddlebrook Curve
Liz Hoffman 6891 Utica Lane
Mike & Kressin Krause 7050 Utica Lane
Steve Hansen 5723 Kipling Avenue, Minnetonka
Larry Lovig 2475 Gunflint Court
Nate, Ben, Hayden, Grant, Baseball Concession Stand
Hans, Brander and Thorson
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PUBLIC ANNOUNCEMENTS: INVITATION TO 4 OF JULY CELEBRATION.
Mayor Furlong: Thank you and good evening everyone. Welcome to those joining us here in
the council chambers, as well as those watching us at home. We’re glad that you joined us this
evening. At this time I would like to ask members of the council if there are any changes or
modifications to the agenda that was published. Otherwise without objection we’ll proceed with
that agenda. To begin with this evening I’d like to extend an invitation to our, to everyone and
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this really is an everyone event. To our 4 of July event coming up on July 3 and July 4, this
coming weekend. We’ll be, our annual celebration as a city of our country’s independence. This
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is a 2 day celebration on the 3 and the 4. Festivities sponsored by the City of Chanhassen, the
Southwest Chamber of Commerce, the Chanhassen Rotary Club, many other individuals,
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volunteers participate as well. Just a summary of some of the activities. On July 3 the farmers
market will be held in City Center Park from 9:00 to 1:00 a.m. Other activities begin at 3:30
with the Business Expo, the Taste of Chanhassen, carnival rides and games, 3 on 3 basketball
tournament, camel and pony rides, musical performance by the Wandering Bartletts and the
every popular street dance by Casablanca Orchestra begins at 7:00 p.m. that evening. Stick
around. That’s a full day of activity and we have tens of thousands of people come out. Over
10,000 people come out during the day for all that. Great family activity. A great chance to see
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neighbors and catch up. And then on Sunday July 4, events again start early out at Lake Ann,
7:00 a.m. with fishing contest and other activities. There’ll be live music at City Center Park.
Chanhassen City Council - June 28, 2010
Games, carnival rides again. Classic car show and then at 2:30 the Chanhassen Parade
sponsored by the Chanhassen Rotary Club will begin. Be sure to stop by the new Chanhassen
high school to check out the Chanhassen Red Birds baseball game at 6:00 p.m. on Sunday, July
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4. After the parade. And then for the spectacular fireworks over Lake Ann beginning at 10:00
p.m. It is going to be 2 days of a lot of fun and I hope to see everybody out there. Just a great
time and we have hundreds of people that are involved with putting this on, from the Rotary
Club and all their volunteers, the City staff, the County staff, the fire department, the Chamber of
Commerce. A number of our businesses contribute. This is really a community event and it’s a
lot of fun for everybody. Anybody who’s been there knows how much fun it is and again look
forward to seeing everybody out there. We’d like to proceed now with the next items on our
agenda.
CONSENT AGENDA:
Mayor Furlong: I’ve asked staff to give a presentation on item 1(e) so I’d like to move that
down because there have been some questions about some of the grants and really how this fits
into our CIP. I’d like them to talk about that and I’ve had some other people ask questions about
these types of improvements so I’ve asked staff to expand upon that a little bit. We’ll pick that
up probably after item 4 on our agenda. Are there any other items that members of the council or
others present would like separate discussion on or questions on? And this would be items 1(a)
through (m). If not, is there a motion to adopt the consent agenda. Councilman McDonald?
Councilman McDonald: Yes Mr. Mayor. I’d like to make a motion that we adopt the consent
agenda. However I am recusing myself from item (d).
Mayor Furlong: Okay, thank you. So that motion would be to adopt items 1(a) through (m),
excluding (e) which we’ll pick up later and Mr. McDonald would recuse himself from item 1(d).
Is there a second to that motion?
Councilman Litsey: Second.
Mayor Furlong: Made and seconded.
Councilman McDonald moved, Councilman Litsey seconded to approve the following
consent agenda items pursuant to the City Manager’s recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated June 14, 2010
-City Council Verbatim and Summary Minutes dated June 14, 2010
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated June 15, 2010
Resolution #2010-61:
b. Approve Resolution Accepting Lake Ann Park Concession Stand
Donation from CAA and Various Contractors.
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Chanhassen City Council - June 28, 2010
Resolution #2010-62:
c. Chanhassen Station: Concur with Bid and Recommend that
Southwest Transit Award a Contract to Shaw-Lindquist Associates, Inc.
Resolution #2010-63:
d. Medical Arts Parking Lot Rehabilitation Project 10-05: Approve
(Councilman McDonald recused
Plans and Specifications; Authorize Ad for Bids.
himself from the vote on this item.)
f. Approve Amendments to City Code Concerning Chapter 1, Definitions and Chapter 20,
Signage, Parking and Road Classification.
g. Approve Fireworks Display Permit for July 4, Lake Minnewashta, Americana Fireworks
Display Company.
Resolution #2010-64:
i. Approve Resolution Accepting Grant from CenterPoint Energy in
the amount of $1,894 for Confined Space Heat/Ventilation Unit and Gas Ammonia
Detectors for the Fire Department.
j. Approve Pay Equity Report.
k. Approval of Temporary On-Sale Liquor License, Harvest Festival, August 21 & 22, St.
Hubert Catholic Community, 8201 Main Street.
l. Approval of Amendment #1, Water Tower Antennae Agreement, Nextel West
Corporation, West 76th Street Water Tower.
Resolution #2010-65:
j. Accept Donation to the Senior Center from the Family of
Rosemary Smith.
All voted in favor and the motion carried unanimously with a vote of 5 to 0 except on item
(d) where Councilman McDonald recused himself from the vote. 1(d) passed with a vote of
4 to 0.
VISITOR PRESENTATIONS:
Mayor Furlong: One of the items that we just approved was the acceptance of a donation from,
for our fire department. A grant from CenterPoint Energy and Jessica Miller is here this evening
with CenterPoint Energy to make a presentation. Good evening. Please come forward to the
podium.
Jessica Miller: Hi, I’m Jessica Miller. I’m a Field Supervisor from CenterPoint Energy. The
Community Partnership Grant offers an opportunity for CenterPoint Energy to partner with local
fire and police departments supporting our shared commitment to safety. Through the grant
program we are able to help cities leverage local funds to purchase needed safety equipment or
support safety projects that are important to your community. I’m glad to be here today to
present a Community Partnership Grant check to the City of Chanhassen for $1,894 that will be
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Chanhassen City Council - June 28, 2010
used to purchase a confined space heat ventilation unit and two single gas ammonia detectors for
the fire department. Thank you.
Mayor Furlong: Thank you. This is, just real quick. CenterPoint Energy has made a number of
grants to our city. We appreciate this one as well as the other ones in the past so we really
appreciate…
Chief Roger Smallback: Yes, they’ve been very generous with us in the past and it’s greatly
appreciated by all members of the fire department. Thank you.
Mayor Furlong: Also tonight we have a number of other people here that we wanted to
recognize and thank and this relates to our Lake Ann ballfield concession stand. On our consent
agenda just now the Council approved a donation from a number of individuals and businesses
for the remodeling of the concession stand. Lake Ann Park ballfield concession stand was
originally donated to the City by the American Legion back in 1988. Over the ensuing years the
space has become inadequate for a concession stand which was it’s original purpose. The long
term plans would call for a replacement structure that would include a covered shelter and
modern restrooms and that is still our long term goal and objective. However the Chanhassen
Athletic Association and Little League baseball program led by Todd Neils had a desire to invest
and make the current stand more usable today. Working with various city departments and a
host of community businesses and individual volunteers the association and city representatives
put forth a plan to remodel the existing structure. Steve Hansen with Hansen Hometech
Incorporated accepted the volunteer position of leading the construction efforts and drawing up
the plans. Mark Fisher, owner of Milestone Builders and Remodelers worked tirelessly
providing the necessary framing, structural siding and finish carpentry work free of charge.
Mike Krause owner of K2 Electric donated the electrical and lighting fixtures and all the labor
involved in their installation. Jeremy Shrebel with the Excel Mechanical discounted plumbing
work and the Home Depot of Chaska discounted their building parts as well. The Chanhassen
Athletic Association acting as the project sponsor purchased materials and helped coordinate
volunteer labor. They will continue to invest in the structure completing some of the final work
over the next few months. In total these contributions from across the city volunteer efforts
resulted in an investment of over $21,000 to the Lake Ann concession stand and on behalf of the
City Council and all the residents we want to recognize and thank everyone involved with that.
So tonight I’d like to invite up a few people to receive some plaques for their recognition. Todd
Neils. Steve Hansen. Mike Krause. And Mark Fisher as well. And I think we have some other
people with the Athletic Association if I’m not mistaken as well. That was the purpose. Do you
guys want to come up too?
Todd Hoffman: Championship game’s tomorrow night. Head on out there to Lake Ann.
Mayor Furlong: At this time then I’d also like to, as part of our regular agenda, invite anyone
else that would like to address the council as a part of visitor presentations. Okay, then what
we’d like to do is move on with the next items on our agenda and receive our monthly updates
from our sheriff’s department and fire department. Let’s start with Lieutenant Jim Olson from
the Sheriff’s Department. Good evening Lieutenant.
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Chanhassen City Council - June 28, 2010
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATES.
Lt. Jim Olson: Good evening and thank you Mr. Mayor and City Council. Hate to follow that
group. I would like to officially say that I do believe that the drought is over with all the rain that
we’ve gotten recently. It’s been a pretty wet month. I want to start out a little bit with the
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fireworks. With the 4 of July. July 4 is right around the corner and we normally start getting
calls for fireworks complaints around the city. A good rule of thumb is if it goes boom or if it
flies in the air it’s illegal. There are some legal fireworks that you can buy at retail
establishments around the city as well as around the state. The legal ones include sparklers,
ground spinners, fountains, snakes, glowworms and party poppers. Any firecrackers, including
Lady Fingers and Black Cats, those are illegal. Fireworks of any type, legal or illegal cannot be
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used at any Chanhassen park, and this includes the 4 of July celebration at Lake Ann. Please be
respectful of your neighbors and if you do have more specific questions you can certainly give
me a call and tomorrow we’ll be putting on the, examples of legal and illegal fireworks on the
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city web page. We’re getting that on the web page for tomorrow. And then with the 3 and 4
of July festivities, this is going to be a very busy and enjoyable weekend around the city and I’m
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just asking that drivers use a little bit of extra caution. On the 4 there will be road closures
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starting at about 12:30 with some of the local roads and then about 1:30 for West 78 to Kerber
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Boulevard between West 78 and Santa Vera Drive so use caution and pay attention to the signs
and the barricades for that. I also wanted to remind everybody that glass bottles and hard alcohol
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are not allowed in city parks and this includes the Taste of Chanhassen on July 3 here at City
Center Park. We’ve also had some garage burglaries around the city of Minnetonka. We have
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not had any here in the city of Chanhassen at all but they’ve had around 15 or 16 since June 15.
We did have one burglary here in the city the beginning of June where somebody had went into a
kitchen window. Had cut a screen and they crawled in through a kitchen window and there was
property that was missing from that burglary. We did recover most of that property. Not all of it
but most of it and there are charges that are pending from that but this is a good time to remind
folks to close their doors and windows. Close, make sure your garage door is shut. Crime
continues to be down around the city but residents still need to protect themselves. And I wanted
to thank Paul Oehme for some recent projects which I think are going to help traffic safety
around the city of Chanhassen. Merging lane extension at Highway 5 that I know that you were
a part of that intersection with Powers Boulevard. Northbound Powers Boulevard to go
eastbound on Highway 5. I think that’s going to help the City an awful lot. As well as Powers
Boulevard, the turn lanes that will be going on and that will be starting shortly with that project.
Turn lanes going in at both Kerber Boulevard and Lake Lucy Road. I know that’s been an
ongoing problem with that area so that will be a good thing. Get that, both those projects going
and done and so thank you Paul for that. And was there any questions at all? For the City
Council this month I provided the Sheriff’s officer, excuse me. The Sheriff’s Area Report for the
month of May, the citation list as well as the Community Service Officer report for the month.
Were there any questions in reference to the reports by any of the City Council?
Mayor Furlong: Any questions for the Lieutenant? No?
Lt. Jim Olson: Crime continues to be down and that’s a good thing so.
Mayor Furlong: That’s good.
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Chanhassen City Council - June 28, 2010
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Lt. Jim Olson: Have a happy 4. Thank you.
Mayor Furlong: Thank you Lieutenant. Chief Smallback is here this evening with the fire
department. Good evening Chief. Still holding onto the check I see.
Chief Roger Smallback: Pardon me?
Mayor Furlong: Still holding onto the check.
Chief Roger Smallback: Again a public thank you to CenterPoint for their generosity. I have as
always a number of call volume statistics. We finished the month of May with 43 calls for
service in May which was pretty consistent with historical averages. For June it’s a much
different story. Month to date for June we were at 76 calls for service, which is very
significantly above average. No rhyme or reason for it. It’s somewhat of a mystery I guess in
that we have not had any weather related calls. Generally in the summertime, May and June you
get the weather watches and the severe thunderstorms and lightning strikes and you know we’ve
been very fortunate in that we’ve not had any of those calls but they tend to inflate the statistics
but the exceptionally high number for this month is an aberration. Year to date we’re at 313
calls. Calls for service. It is halfway through the year now. We’re at the end of the second
quarter. Going on with the statistics again, at this time last year we were at 266 calls for service
so we’re 47 calls above last year’s volume. Another interesting statistic for mid-year. So far in
the first half of 2010 the Chanhassen firefighters have completed 1,859 hours of training so
training is a big part of what goes on over there. In June there was one residential structure fire
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in Chanhassen that occurred on June 5 at 1914 Powers and there was a residential home on 63
Street. We, we being the fire department, were just clearing another call when this call for the
house fire came in so we had a lot of people were already at the station or in trucks and we were
able to get there very quickly. Unfortunately the first arriving units observed heavy smoke and
fire coming from the front of the house. It was a very significant fire. No injuries but very
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substantial damage to the house so a very unfortunate fire. June 27 we were called mutual aid
to Chaska for a house fire involving a lightning strike there. That’s a recap of our calls to date.
Any questions?
Mayor Furlong: Any questions for the Chief? No? Thank you.
Chief Roger Smallback: Thank you.
RENEWAL OF PERMIT FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES).
Mayor Furlong: I think we’re going to hear a few more acronyms as we hear the staff report so,
we always enjoy those but Mr. Jeffery is here this evening. Good evening. Let’s start with the
staff report please.
Terry Jeffery: Good evening. Mr. Mayor, members of the council. Before I get too much into it
I wanted to make clarification. That part which we are approving starts on page 6 of your packet
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Chanhassen City Council - June 28, 2010
and looks like what is up on the screen so it isn’t the draft, that portion of the report that says
draft… It is this document that the Minnesota Pollution Control Agency is adopting. This is our
fourth annual meeting for the annual report for our permit which was issued in 2006. It expires
in 2011. There are six minimum control measures that need to addressed in the permit and our
specific permit has 57 best management practices within it. I’m not going to go through the
minutia of all that. I just want to touch on the highlights of it, to give everybody an idea of
what’s going on currently and what we’re going to be doing as we move into the future. Seven
staff members representing six departments are responsible for this permit and then it is always
intended to improve water quality. That’s the reason behind it. That’s the goal of it. We are
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required to submit an annual report on June 30 of this year. Minimal Control Measure 1. This
is our education outreach. We’re really, we’re continuing the same programs that we’ve been
doing in the past. We’re utilizing different events that we have. Jill Sinclair runs the Arbor Day
event. Valuable opportunity to get information out to people. Arboretum last year sponsored the
Waterocity. The City of Chanhassen participated…and then there are other programs that we
run that may not directly be related to storm water and such as the Water Wise Program but have
direct benefits so we can capitalize on. There have been partnerships that we have. Metro
water…is a consortium of water resources departments throughout the Twin Cities metropolitan
area. It’s a chance to share resources, ideas. It’s kind of hard to keep up with all the rules that
are going on so it’s a really good opportunity to be involved in that. Metro Blue is a private
organization that, that really holds educational courses for residents. The rain garden courses are
what we have done through them in the past. They have other ones. Then we have, we continue
to cooperate with, or collaborate with Carver County…Minnehaha Creek Watershed District and
others where possible. Then there are five volunteer groups. St. Hubert’s has been…they have a
group of kids that come out and work with us, whether it be sensing the storm drains or planted
areas and then Boy Scouts of America. The last year the Kerber Pond area was planted by Ryan
Rogney. An Eagle Scout…and then the typical media outlets that we use. Our web site.
Publications. Have articles and hot line. Minimal Control Measure 2. There’s a tremendous
amount that’s involved in this. This is tonight. This is why we’re here tonight. This is the
public involvement. We also have the web site where all of this is published. My contact
information is on there and people can call me throughout the year and discuss. Minimum
Control Measure 3 is our illicit discharge detection and elimination. Here’s one of those
acronyms. IDDE. Making sure that what is going through the storm sewer system is storm
water is what it boils down to. Really it’s our in-house inspections and education with the staff
that we’ve been working on. As well as the ISTS, that’s the individual sewage treatment
programs that the building department monitors. And last year there were 184 inspected.
ISTS’s. Only 3 were to be found failing and those are in, either have been or in the process of
coming into compliance right now. Minimum Control Measure 4is the one I think everybody is
most familiar with. This is the construction site runoff program. Last year there was 16 sites in
the city of Chanhassen that were greater than 1 acre, which is the threshold for the small site
construction permit. Those are inspected weekly and within 48 hours after a rainfall. They are
done collaboratively with the City of Chanhassen and with Carver Soil and Water Conservation
District. There were 21 notices of violations and all a notice of violation is, is that there’s
something that’s not in compliance with your SWPPP permit. You can take time to remedy that
situation. Of those only one have gone through an actual stop work order which I think speaks
volumes to Krista Spreiter in the office who’s always trying to get ahead and work with the
developer. Work with the contractor rather than relying on coming in afterwards with…
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Chanhassen City Council - June 28, 2010
Minimum Control Measure 5 is post construction control. This is the inspections of all the
structural best management practices we have. Our whir structures…environmental manholes
which Mike Wegler in the Streets Department maintains throughout the year for us. 678 in-
house man hours were devoted to the maintenance of our existing storm sewer structure. That
doesn’t include projects or contractors that were brought in to do some larger projects as we’ve
been finishing in-house. Such as Pleasant View. We did some repair on Pleasant View. A little
tricky over the narrow roads and hard to do in-house and Cheyenne Spur. Did some work in
there. And then this is also where we look for chances to partner with private residences. With
the Pontiac Circle mill and overlay we had a huge response when we asked if anybody would be
interested in putting rain gardens within their private property. I think we had 40 plus residents
that wanted to do it. It really wasn’t practical for a number of reasons. It was pared down to 11.
The City put them in. They are responsible for the long term maintenance…technical guidances
to go through it but have heard back from several of the residents this year. They were holding
up at this point. Minimum Control Measure 6. The last one is good housekeeping. This is what
is the City. What are we doing about our facilities to make sure that we’re… This is your street
sweeping and sump manholes… I think the most important thing to look at here is the, we were
able to clean out all of our sump manholes last year and all of our environmental manholes. We
were able to inspect 21 of our 64, in the staff report, in the NPDES permit it says 39 outfalls. It’s
really 64. That will get changed. To back up an MS4 outfall, we obviously have more than 64
outfalls or ponds and stuff. What we’re concerned about is the MS4 outfalls are permitted
outfalls which are anything that discharges to water of the state or outside of our jurisdiction so
in the City of Eden Prairie, Shakopee, Victoria or Chaska or MnDOT right-of-way. So there’s
69 of those outfalls. 64 rather. There’s 39 identified when we originally started mapping but
over time as we’ve gotten a better idea of what’s going on, we’re at 64 right now. 21 of the 64
were inspected last year. We are a little bit behind schedule of where we want to be but I see no
reason we won’t be in full compliance by the end of this permit cycle. And then the construction
of public works facility actually resulted in 5 of the best management practices on the Minimum
Control Measure 6 being completed. They were items like the fuel system that’s out there.
Indoor, the indoor car washing facility. As we move forward, I’ve got to emphasize 2011 this
permit expires. PCA has yet to issue guidance as to what that means. If we will just continue,
we’ll just roll over the existing permit or if there’s going to be other, other requirements. We do
know that with some things that have happened to some other communities nearby that how we
assess and determine pond maintenance is going to be incorporated into the next permit. I think
we’re already ahead of that curve a little bit. Last year we inspected, we sampled 11 ponds.
Cleaned out 5 and we’re developing, I’m not sure if that really, they’ll allow us to say here’s our
priority ponds that we should target at this point. Otherwise we’re waiting on PCA guidance to
on where to go from this point on. Cartegraph is a software package we’re working with WSB
and Associates and Cartegraph software manufacturing to develop an asset management package
that we can use for sewer and water, storm sewer, streets, parks, all of our infrastructure to know
what’s there. What maintenance is done. What maintenance needs to be done. Work orders to
try all of that asset management. State contract for the Minnesota Pollution Control Agency will
review in July which will then allow Barr Engineering to continue working on the Bluff Creek
TMDL. That should be finished the end of this year. Working with Krista Spreiter and Kim
Meuwissen in our office to update the web site. Right now make it a little more navigable. User
friendly to find water resources. Right now we’re got some of it in the planning so…just make it
easier to use. And then I’m meeting with Carver County next week to discuss collaboration with
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Chanhassen City Council - June 28, 2010
education. We met in February with Chaska, Carver County and Chanhassen because Carver
County and Minnehaha Creek have full time employees. People on staff so they’re developing
materials. It seems to be more efficient if we were to utilize their expertise and materials to
develop them rather than recreate some things so I’m meeting with them next week to discuss
that. That’s our future. I have nothing else at this time. Happy to answer any questions you
have.
Mayor Furlong: Thank you. Any questions of Mr. Jeffery at this time? No? Appreciate all
your efforts and work that goes into this big project. We need to have a public hearing tonight, is
that correct? Mr. Gerhardt, do you have something?
Todd Gerhardt: Terry, when we submit this report to Minnesota Pollution Control, did we get
any feedback from them on other communities successes or watershed districts? Because we go
through a lot of work on this and I’m just wondering is there any feedback? Is anybody
tabulating the results of this or any measurements that give us feedback?
Terry Jeffery: There’s nothing specific to our annual report that I have received in terms of
feedback. The Pollution Control Agency though does meet…database on best management
practices that have been employed in other communities so that, people in our position can
access them and find out ways…not working but specific to the annual report I have not received
any feedback at this time.
Mayor Furlong: Thank you.
Councilman Litsey: Great job.
Mayor Furlong: At this time then I will open up the public hearing and invite any interested
party to come forward and provide comments to the council on this matter. Seeing nobody, then
without objection we’ll close the public hearing and bring it back to council for comment and
action. This evening there’s a request for authorization, correct? Mr. Jefferies with the regard to
the permit. The small MS4 form, is that correct?
Terry Jeffery: That is correct.
Mayor Furlong: So is there any, any discussion? If not is, would somebody like to go ahead and
make a motion. Councilwoman Tjornhom?
Councilman Litsey: I was almost going to say.
Mayor Furlong: Oh I’m sorry.
Councilman Litsey: No, no. That’s alright.
Mayor Furlong: I’ll reserve the second for you Councilman Litsey.
Councilman Litsey: Alright, thank you.
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Chanhassen City Council - June 28, 2010
Councilwoman Tjornhom: I’ll make a motion that we approve the report, is that right? Do you
want me to read the whole thing? Let’s see, I make a motion that we approve the Annual Report
of 2009 authorizing the mayor’s signature in submittal to Minnesota Pollution Control Agency.
Mayor Furlong: Thank you. Is there a second?
Councilman Litsey: Second. Thank you.
Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none, we’ll
proceed with the vote.
Councilwoman Tjornhom moved, Councilman Litsey seconded that the Chanhassen City
Council authorizes the Mayor to sign the City’s National Pollution Discharge Elimination
System (NPDES) Phase II Annual Report, as attached to this memorandum, and
authorizes the distribution of the Annual Report to the Minnesota Pollution Control
Agency. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: I know you had mentioned in your report that there are a number of different
members, 7 members of the staff I think you said and 6 different departments that are involved
with this so please extend our appreciation to all of them as well.
Terry Jeffery: Thank you.
CONSENT AGENDA: E. APPROVE RESOLUTION FOR GRANT APPLICATION
FOR ROADWAY AND TRAIL IMPROVEMENTS AT TH 101 AND PLEASANT VIEW
ROAD.
Mayor Furlong: Let’s pick up item 1(e) at this time. This is an item that I asked staff to give a
little more information. We’ve had different grant applications come forward and I wanted to
clarify a little bit, just the scope of this project as well as the consistency with our
Comprehensive Plan so Mr. Oehme, can we go to you for a staff report?
Councilman McDonald: Excuse me Mr. Mayor, before you start I am recusing myself from this
discussion so I will leave.
Mayor Furlong: Thank you Mr. McDonald. Sorry, forgot that.
Paul Oehme: Mr. Mayor, City Council members. Staff is requesting by this item that the
council approve a resolution supporting a grant application for road and trail improvements at the
intersection of 101 and Pleasant View Road, as shown on the drawing here. This grant
application is through the Minnesota Agreement Program. Through MnDOT that provides
funding for construction projects that are developed and administered by local agencies and
provide a benefit to both the local community and the trunk highway system. These funds are
intended to pay for a portion of the construction cost of the project. The City would be
responsible for any right-of-way, utilities relocations, design, environmental documentation,
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Chanhassen City Council - June 28, 2010
those type of things. But it’s a great, I think it’s a great program. We’ve partnered with other
agencies to improve the trunk highway system in the metro area. This year there’s $4 million
dollars that’s available for the, through this program which is about a million dollars higher than
it has historically been, so again the grant application is at the intersection of 101 and Pleasant
View which is shown in the drawing here in the upper northeast corner of the community. Staff
has been monitoring the intersection, this intersection for several years and in discussion with
our law enforcement agencies and MnDOT, we do look at the trunk highway system as it comes
through our community. Not just Highway 101 but also Trunk Highway 5 and Trunk Highway 7
as well and Trunk Highway 212 and this intersection, it seems to have recently had some
accidents and some congestion at this intersection. We also have received comments from
property owners in this area that they’d like to see something different done at this intersection.
Unfortunately we did discuss installing a signal with MnDOT at this intersection but has not
come up to that level of warranting for a signal at this intersection so we’re looking at other
improvements. MnDOT did assist us in acquiring traffic counts at this intersection and turning
movements at the intersection as well so I just wanted to give a thanks to them for helping us out
with anything in conjunction with this application as well. The intersection currently as it exists
today, north is to your right here. There is a right turn lane going into Eden Prairie and there’s
also a right turn lane going onto Pleasant View Road into the City of Chanhassen. There’s one,
there’s a through lane also at this intersection. And based upon the observations that we’ve had
and the traffic or the accidents that we’ve observed, a lot of the problems at this intersection can
relate to left turning movements at this intersection. For example in peak p.m. periods there’s
typically a significant amount of traffic back-up on 101 trying to make a left onto Pleasant View
into Chanhassen and with the oncoming traffic on southbound 101, sometimes there’s some rear
end accidents that have occurred at this intersection and then also some side on collisions when
traffic southbound 101 is trying to make a left turn into Pleasant View and some of the traffic
northbound is trying to get a way around the traffic that is stopped on the through lanes and there
has been in the past been some conflicts at that location. So in reviewing the traffic accidents
and the intersection, this is the improvements that we’re coming up with. Kind of hard to see a
little bit at this drawing but what the main improvement would be is a left turn lane on 101. A
normal 300 foot turn lane to help alleviate some of the potential rear end collisions that we’ve
seen at this intersection. And then also both southbound and northbound and widening out the
intersection. The pavement here shown in yellow is thee widening of the roadway section.
There is also proposed to be a right turn lane on Pleasant View heading southbound on 101 as
well. There has been some delays there that we want to try to alleviate as well. In conjunction
with the roadway improvements we’re also looking at some drainage improvements as well.
Curb and gutter along the west side of 101 along with some storm sewer improvements and
shoulder improvements as well shown in the blue. In conjunction with that, those improvements
to the trunk highway, staff is also looking at some trail improvements to this corridor. As you, as
council may recall, last council meeting staff did give a little presentation on interconnecting trail
systems to other communities and at this location that is one of the trail sections that we’d like to
look at connecting to Eden Prairie and to Minnetonka. Trail improvements are shown in this
drawing. Basically from the intersection of Pleasant View, south side of Pleasant View. We
would extend a trail crossing to the north side of Pleasant View and then extend the trail along
101 within the right-of-way along 101 up to Town Line Drive and at Town Line Drive there’s a
regional trail system that picks up on 62 and then heads into some other parks out to the
communities to the east of here as well so that is definitely a needed trail connection to other
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Chanhassen City Council - June 28, 2010
communities in the region as well. So with that, that’s basically the scope of the grant and of the
project. Staff has estimated the construction for the project to be $445,000 at this time. We’re
estimating that the City share of that cost would be in the range of about $90,000 plus any
additional right-of-way that would be needed for the project. And then if the grant would be
approved, we would potentially start construction as early as August of next year. So with that,
if there’s any questions I can try to answer, I’d be more than happy to.
Mayor Furlong: Any questions from members of the council. Councilwoman Ernst.
Councilwoman Ernst: Paul, could you explain, so I heard you say $90,000 plus for the right-of-
way. What are we looking at in terms of the additional cost?
Paul Oehme: Well the $90,000 would be, we’re estimating just for the engineering cost for the
design and the construction administration of the project. The plus is the right-of-way. We don’t
know, we haven’t gone through an appraisal process yet on the needed right-of-way out here so I
don’t know exactly what the cost for that right-of-way needs would be at this time so that’s what
we need it for right-of-way.
Councilwoman Ernst: So why does Eden Prairie feel that it wouldn’t be beneficial to their
residents? I mean I know that they’re waiting for the turn back project but I’m curious to.
Paul Oehme: Yeah, staff has just had some preliminary discussions with Eden Prairie and based
upon what we received back from them, they don’t feel at this point in time that the benefit for
the improvements that we’re talking about would benefit a significant amount of their residents
at this intersection so a lot of the residents access Eden Prairie via Dell Road at this location.
There’s more people on 101 accessing city of Chanhassen than there would be from Eden Prairie
so, so based upon the access, the amount of traffic volume at this intersection, that’s basically
what we’ve heard that they would not want, are not willing to support the improvements at this
time. They’re looking long term down the road. They’d really like to see this whole corridor
looked at. Another study completed upgrading the whole corridor from 62 all the way down to
Trunk Highway 5 and doing it all at once instead of trying to piecemeal things together so. You
know from staff’s perspective it’s tough to you know, make that, you know that leap at this time.
One, MnDOT really doesn’t have any funding available for that. For that ultimate improvements
at this time and it’s just you know, staff feels that we need to do something now and try to make
improvements as potential funding becomes available.
Councilwoman Ernst: So if we apply, I mean if we submit the application for this grant and it
goes through, I assume that when we get the grant that it has to go specifically for the intentions
that we submitted it for, correct?
Paul Oehme: Correct.
Councilwoman Ernst: So if the cost goes significantly over the $90,000. Say it ends,
hypothetically, you know $450,000. Do we still have to move forward with that?
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Chanhassen City Council - June 28, 2010
Paul Oehme: No. There’s always, you can always back out on this. On these type of
applications. So we’re not locked into spending or making those improvements. You know
we’re only taking it to a very preliminary design level at this time. There might be some things
that we’re not aware of out in here in the corridor after we get it surveyed or what not so we need
to find out those. That information and obviously make sure that our budgets are correct this fall
if we move forward with the project or not.
Councilwoman Ernst: Okay. This was one, this was in our strategic plan, was it not? Or not?
I’m trying to recall if it was one of the items on there.
Todd Gerhardt: I think it showed up in our CIP as one of our wish list items but since it’s a
MnDOT roadway system, we’ve been hesitant to put any money aside for it other than trying to
take advantage of these safety improvement grants that are out there.
Councilwoman Ernst: Okay. So then it’s probably the bigger one that I’m looking at is this
safety issue for, I mean we incorporated it all into one, right? The trail and the roadway.
Paul Oehme: Exactly.
Councilwoman Ernst: Okay, thank you.
Mayor Furlong: And I think, I guess the question there, the safety and mobility. This is very
similar to what we’re trying to do for example at Minnewashta Parkway and Highway 5.
Improving the intersection with turn lanes from a safety standpoint, correct?
Paul Oehme: Absolutely.
Mayor Furlong: There again that is a MnDOT, that’s a State road so we can’t just put money
towards it. Explain a little bit about this, this grant process here. This is funds that are
specifically set aside for improvements to the state trunk highway system?
Paul Oehme: Yep.
Mayor Furlong: That are to work with local governmental units.
Paul Oehme: Exactly. Yeah, it’s a partnership. That’s what MnDOT likes to call it. It’s
basically MnDOT’s willing to spend a significant amount of money for improvements not just
that benefit their local trunk highway system but also access mobility issues to the local system
as well so it’s kind of a win/win both for MnDOT and the local so I like the program. I wish
there was actually more money in the program because it is a very competitive program that a lot
of cities have applied for grants for this, for these dollars.
Mayor Furlong: So if we are successful, and if the council moves forward and approves the
application, we are successful in receiving, or being awarded the grant money, it’s, it recognizes
the importance of this project relative to other projects across the state system?
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Chanhassen City Council - June 28, 2010
Paul Oehme: Yes.
Mayor Furlong: State highway system.
Paul Oehme: Absolutely and specifically in the metro area.
Mayor Furlong: In the metro area so within the metro district.
Paul Oehme: Exactly.
Mayor Furlong: Those receiving grant dollars are those most important.
Paul Oehme: Yeah, and it does cost some dollars to put these grant applications together so you
know staff has talked to MnDOT specifically about this intersection. They’ve helped us out with
some traffic data, collections and any other information, accident records as well so based upon
their feedback, they are you know encouraging us to submit it because they are, they review
these applications and see what comes through so they think it’s a decent project.
Mayor Furlong: Okay, very good. Any other questions?
Councilman Litsey: Just quickly.
Mayor Furlong: Please, Councilman Litsey.
Councilman Litsey: Would it enhance our, I don’t know if that’s the right word to use but in
terms of submitting the grant application, if we had Eden Prairie partnering with us. Would that
make it more attractive do you think to the process?
Paul Oehme: It would but it’s not necessary at this time.
Councilman Litsey: The only thing I comment too, I’m in favor of moving ahead with it. I’m
not real taken aback by Eden Prairie’s reluctance or unwillingness to help out with this because I
think it does have a direct benefit and I think that the likelihood of getting that whole corridor
done in the foreseeable future is pretty remote so I would wish they would partner with us. I
don’t know if you can re-approach them during this interim period to see if they might
reconsider.
Paul Oehme: We will definitely. Especially if we move forward with the grant application. We
submit the grant and by chance we are awarded the grant dollars, we get only half the work with
MnDOT, or with Eden Prairie to make these improvements because some of the drainage
through the intersection actually ends up in Eden Prairie’s system so we need to definitely work
with them on that.
Councilman Litsey: So I guess I would just encourage to try and see if we can persuade them to
come in as partners.
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Chanhassen City Council - June 28, 2010
Paul Oehme: Absolutely.
Todd Gerhardt: I’ll set up a meeting with Scott Neal and Gene Dietz, the Public Works Director
over there and sit down and we haven’t had a discussion on 101 in a while and maybe talk big
picture and see where the future lies there and see what their real interest is in this area.
Councilwoman Tjornhom: I have a question.
Mayor Furlong: Yes, Councilwoman Tjornhom.
Councilwoman Tjornhom: And honestly I drive this intersection every day. My children do also
so I understand the safety concerns. My, I think maybe that question has been already answered
with Councilman Litsey’s question but you said that Eden Prairie has more of an interest of
redesigning the whole corridor in that area and not just piecemealing it together. And this is a
project that’s over half a million dollars and so I just wanted some reassurance that we’re not
going to be spending half a million dollars and 5 years later they’re going to be redoing it.
Todd Gerhardt: And I think that’s what Gene Dietz’ comments were too is that the
improvements that are going to occur here would probably, most of them would be spoiled if the
101 was totally rebuilt and he preferred to see the entire alignment designed and built.
Councilwoman Tjornhom: Who is that? I don’t know who that is.
Todd Gerhardt: Gene Dietz is the Public Works Director from Eden Prairie.
Councilman Litsey: Okay, sorry. Thank you.
Todd Gerhardt: But you know Paul already hit on it. The likelihood of funding being available
to do 101, you’re talking probably $25 million.
Councilwoman Tjornhom: No, and I totally agree but it still is something in the back of my
mind. I’m sure everybody’s mind thinking boy, you know that would be a shame.
Councilman Litsey: To dig it up in 5 years.
Paul Oehme: I mean we have looked at that and in very preliminary terms that is going to have
to be a retaining wall if the project is built on the west side of the road to make sure that that’s as
far back in the right-of-way as we can get it and some of the storm sewer structures too, we’re
looking to make sure those are in the right location and everything so, so we’re looking at kind
of the big picture too. Make sure that we look out and make sure that whatever we put out here,
you know if we do make improvements in the future, that a lot of that infrastructure can be re-
used again.
Councilwoman Tjornhom: Yeah and I’m sure anyone that lives in that area will tell you a
thousand times over that it needs to be done. You know turn lanes and the paths and everything,
it’s just right now really inconvenient and dangerous for everybody so I hope we get it.
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Chanhassen City Council - June 28, 2010
Mayor Furlong: Yeah, and I think Councilwoman Tjornhom you raise a very excellent point.
We never want to spend any money now to have it be wasted or torn up again and I know that’s
why staff for example is working with MnDOT, they have in the staff report they talked about
the overlay that’s scheduled for this section of road. We need to continue to work with them to
please hold back, stay back so we don’t do that. There are other examples where that happens
and, and residents, citizens normally with justification get frustrated when they see that because
there isn’t a lot of dollars to begin with to do everything that’s needed so, but I think, and I liken
this back to I agree with you. Anybody who drives that intersection knows that improvements
need to be made from a safety standpoint. Mobility standpoint and it’s very similar to the work
that we’ve got scheduled over at Minnewashta Parkway and Highway 5. Again an intersection
that everybody knows needs to be improved long term. Four lane. Median divided and as much
as possible again in this, in that project the goal is to make whatever improvements we make to
the extent possible, those that would survive ultimately to what we think the plan might be. And
whether it’s retaining walls or other things I think we need to look for those opportunities so we
can minimize that. Again, this corridor has been, there’s been anticipated improvements to this
corridor for many, many years and to continue to wait for those to happen, I don’t know if that’s
prudent because people are driving it every day and we know that the need is now so. The other
thing is with this project we’re coordinating our trail connection from Pleasant View up to 62,
which was one of the items that we talked about in our work session last week of connecting
trails from a safety standpoint. Anybody who’s driven down 101 has looked at the 101 trail on
the west side of the road knows what that has done for safety for pedestrians and bicyclists and
such and again, that was done at a time when we thought the corridor might be upgraded and
improved, and yet it’s been used.
Councilwoman Tjornhom: And that’s what I was going to say. I’m amazed about, is the usage.
You know it’s really used so we need a trail and this would also be a needed addition to
connecting it someday.
Mayor Furlong: Okay, thank you. Any other questions or comments on this? I would certainly
move recommendation or approval of staff’s recommendation. Was there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Second. Any further discussion? If not we’ll proceed with the vote.
Resolution #2010-66: Mayor Furlong moved, Councilwoman Tjornhom seconded that the
City Council approves a Resolution of Support for a Grant Application for Roadway and
Trail Improvements at TH 101 and Pleasant View Road. All voted in favor and the motion
carried unanimously with a vote of 4 to 0. (Councilman McDonald recused himself from
the vote).
COUNCIL PRESENTATIONS:
Mayor Furlong: One thing I would say publicly. I know the council’s familiar with it because
tonight on our consent agenda the council affirmed the approval of Southwest Transit’s awarding
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Chanhassen City Council - June 28, 2010
of the construction bid for Chanhassen Station, which is the parking ramp and transit station
that’s going to be located in our downtown near the Dinner Theater and so construction of that is
starting, will be moving forward. Southwest also received, approved this at the commission
meeting about a week ago and, the same resolution and about 10 days ago now and they received
MnDOT’s approval as well so I think our’s was the last approval for that so. That’s been a
project that’s been many years in the works, as we all know and it’s nice to see that that will be
moving forward and we’ll probably see some dirt moving here in the coming weeks with
completion sometime next year. And I think there’s planning to be a ground breaking in the next
couple weeks.
Todd Gerhardt: Yeah.
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Mayor Furlong: I think they’re looking at Monday the 12 at this point.
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Todd Gerhardt: Oh the 12 now?
Mayor Furlong: There’s been some movement but we’ll coordinate that with the City as well.
Todd Gerhardt: As soon as we hear we’ll get it out to council and plan accordingly.
Mayor Furlong: Any other comments, presentations from the council?
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Mayor, City Council. The Mayor and I had discussions this afternoon to talk
about some of the improvements that are going to occur on Powers Boulevard. Similar to
Pleasant View and 101. Paul, do you have the map for Powers?
Paul Oehme: Here’s a, these drawings, this is from a plan set that the, for the County overlay
project on Powers Boulevard. The improvements I think have been awarded by the Council, or
the County Board. This project’s moving forward. It’s a safety improvement project and also
preservation project on Powers Boulevard. Basically starting north of Santa Vera, all the way
out to the county line. A lot of the improvements that will be taking place are turn lanes and, left
turn lanes. This will be guardrails. New striping. Some drainage improvements as well so
specifically in the section of Kerber Boulevard, that’s going to get a left turn lanes, both on the
east side and the west side onto the development. Lake Lucy Road also is another turn lane. The
intersection that’s going to get turn lanes. That one has been known to have some accidents and
then also on Pleasant View is going to get a turn lane too. A left turn lane on southbound.
Southbound Powers Boulevard so a lot of turn lane improvements. A little widening,
shouldering improvements so it’s a needed project as the sheriff had indicated so looking
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forward to moving forward with that project. It’d just be construction sometime after the 4
there’s a pre-construction meeting this week, or on…
Todd Gerhardt: Some of the key intersections are the ones at Powers and Lake Lucy. Currently
there’s smaller right turn lanes and then there’s a solid line. When you have a solid line you’re
not to go around the car that’s trying to make the left hand turn so there’ll be a left turn lane
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Chanhassen City Council - June 28, 2010
added at Powers and Lake Lucy and then a through lane so you won’t see those cars skirting
around and the car heading south will be able to see oncoming traffic. So the left turns are
important there. Another one where we have a lot of accidents are at Kerber and Tecumseh and
so again turn lanes, left turn lanes there and defining more of those right turn lanes.
Councilman Litsey: Are they looking at the left turn lane at Carver Beach or?
Paul Oehme: I think there is a left turn there.
Councilman Litsey: That would only be one. They can go both ways.
Todd Gerhardt: There’s right turn lanes on Carver Beach.
Councilman Litsey: It’d be south.
Todd Gerhardt: Yeah, south.
Mayor Furlong: Southbound would be the primary flow of traffic.
Paul Oehme: There’s no, yeah. On southbound there is no left turn lane there right now but.
Mayor Furlong: I’m guessing the traffic counts though relative to Kerber, relative to Lake Lucy
Road and to Pleasant View.
Paul Oehme: I think you’re right.
Councilman Litsey: No, that’s great. Every time I make a left turn there, you kind of look in
your rear view mirror waiting for someone to screech so, their tires so that’ll be great.
Mayor Furlong: And this is a County project and I know Paul you and Mr. Gerhardt and others
have been working closely with the County over the years trying to move this project forward so
it’s.
Paul Oehme: It’s about 3 years so a lot of the work, yeah and actually there’s a significant dollar
amount that the County received through a grant application as well so yeah that’s, it’s nice to
see the fruits of your labor in that.
Mayor Furlong: I would say at least 3 years. It’s been a long time needed but it’s nice to see it
moving forward and so I think those people, those residents see construction on Powers will be
inconvenienced during the construction period as always but it will again improve safety and
improve mobility and that’s the goal.
Todd Gerhardt: And the acceleration lane at Powers and Highway 5 as you head east on
Highway 5 is open now and work’s been completed. Guardrail put in place and talking with Dr.
Lano, he’s a little disappointed that he doesn’t get to see the crashes anymore outside his office
because that was bringing business in right and left for him.
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Chanhassen City Council - June 28, 2010
Mayor Furlong: Maybe we could paste some pictures on the outside of his windows so.
Todd Gerhardt: I was being facetious. He doesn’t want any more clients but that was a very
difficult intersection there and we’re trying to make those same improvements at 101 and
Highway 5 and Dakota and Highway 5 also and we continue to make application as we have in
the past.
Paul Oehme: Market Boulevard and 101 South is also on the list too. Getting back to Powers
real quick too. The County’s not anticipating the Powers Boulevard to be any detour or shut
down so we’re anticipating that construction may happen under traffic so that will hopefully
help.
Councilman Litsey: What’s the completion estimate?
Paul Oehme: I don’t have the exact date but they told me in August so I don’t know if it’s early
August.
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Todd Gerhardt: Yeah, construction will start after the 4 and completion towards the end of
August. Before school is the goal.
Mayor Furlong: Alright. Very good. Thank you for that update. Anything else Mr. Gerhardt?
Todd Gerhardt: I got an email today, we’re looking for volunteers for the Red Bird game here
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on the 4. With some people being out of town we need additional volunteers. The Red Birds
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are playing this Sunday on the 4 and so if anybody’s looking to help out in concession stand or
tickets and a variety of other, have them contact me here at City Hall. 952-227-1119 and see if
we can’t help out. They’re expecting big crowds. That’s it.
Mayor Furlong: Okay. Good, any questions for Mr. Gerhardt or his staff? One comment that I
will make and it’s to Mr. Hoffman, our Director of Park and Recreation. That is tonight when I
thanked the many volunteers for their work at the Lake Ann concession stand, I don’t think I
specifically thanked you for your time and effort because I know that was a large part of it and
helping coordinate the, sometimes people come forward with desires and wants but helping to
coordinate those and turn that into actual completion of work is commendable so thank you for
your time and effort on that and all the other things you do of course but I appreciate it and
wanted to make sure you recognized our appreciation.
Todd Hoffman: You’re welcome.
Mayor Furlong: Anything else?
CORRESPONDENCE DISCUSSION:
None.
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Chanhassen City Council - June 28, 2010
Councilwoman Tjornhom moved, Councilwoman Ernst seconded to adjourn the meeting.
All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City
Council meeting was adjourned at 8:10 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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