CC Minutes 2001 09 10CHANHASSEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 10, 2001
Mayor Jansen called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCILMEMBERS PRESENT: Mayor Jansen, Councilman Peterson, and Councilman Boyle
COUNCILMEMBERS ABSENT: Councilman Labatt and Councilman Ayotte
STAFF PRESENT: Todd Gerhardt, Andrea Poehler, Teresa Burgess, Bruce DeJong and Todd Hofknan
PUBLIC PRESENT:
Mitch & Kathy Freiderich
Roderick Franks
Jim Grillo
Jay Rubash
APPROVAL OF AGENDA:
6901 Redwing Lane
8694 Mary Jane Circle
19598 Quinn Circle NW, Elk River 55330
HTPO, Eden Prairie
Mayor Jansen: Good evening. Thank you for joining us. We have a couple of changes to the agenda that
I'll mention now in case there's anyone here waiting for these items. We are deleting under new business
the 2000 audit presentation and under new business also agenda item number 4 because we only have 3
council people here. We need a 4/5 vote on that particular item so we have removed items 2 and 4.
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman Peterson moved, Councilman Boyle seconded to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
b. Amend Cooperative Agreement with the City of Victoria - Tristan Heights Project 01-07 as
amended by staff.
c. Approve Easement Agreements for BC-7 & BC-8 Utility Extension, Project 00-01.
d. Resolution/12001-57: Approve Consultant Work Order and Authorize Preparation of Feasibility
Study for Extension of West 78th Street.
f. Award of Bid for Meter Replacement Program - PW0240.
f. Resolution/12001-58: Approve Change Order for BC-7 & BC-8, Trunk Sanitary Sewer Project
00-01.
h. Approval of Bills.
i. City Council Minutes dated August 27, 2001
City Council Meeting - September 10, 2001
City Council Work Session Minutes dated August 27, 2001
Award of Bids for Replacement Telephone System for City Hall, Public Works, the Recreation
Center, and Fire Station.
Resolution/12001-59: Approve Resolution Calling for Public Hearing to Consider Establishing a
Tax Increment Housing District No. 8, Presbyterian Homes, Villages on the Ponds.
All voted in favor and the motion carried unanimously 3 to 0.
VISITOR PRESENTATIONS: None.
APPROVE REQUEST FOR PROPOSAL SEEKING FEASIBILITY STUDY AND DESIGN AND
CONSTRUCTION CONSULTANT FOR CITY TRAIL CONNECTORS; TH 5 AT BLUFF
CREEK; TH 5 AT RILEY CREEK; AND TH 101 SOUTH FROM LAKE SUSAN DRIVE TO
BANDIMERE PARK.
Todd Hoffman: Mayor Jansen, members of the City Council, thank you. I'll put this map up on the
overhead. We're talking about this evening is three individual projects that the city needs to get a jump
start on for next year's construction season so it will take some planning work and grading on these
projects. The first one, or the first two actually are underpasses at Highway 5 and currently MnDot is
completing the reconstruction of Highway 5 and the construction of the access boulevard. And there are
two underpasses. Two underpass locations for a total of four underpasses that are culverts at these two
locations. The first.., at Bluff Creek and that's directly north and east of the Chanhassen Recreation
Center. The second one is right at Lake Ann Park at Riley Creek. This is at the comer of Prince's studio.
What MnDot is completing is the north trail all the way along West 78th to the access boulevard to
downtown here onto Highway 41 so people coming down at Powers Boulevard, Galpin Boulevard, will
have access to that trail. Then those.., goes out underneath the road and will maybe utilize these two
underpass locations. IfMnDot stops their construction...the connection atthe Recreation Center is fairly
simple and straight forward. We have an 8 foot concrete sidewalk in the center of the site. All we have to
do is make a connection to it .... at Riley Creek at Lake Ann is a little bit more complex. There are really
three different scenarios that could occur there. The first would be lying directly west along the southern
ditch line of Highway 5, connecting up to the comer of Audubon and TH 5 at Prince's studio. The second
would be to connect directly back east, and you might do a combination of these. The Park Drive, the
access as it goes into the industrial park at that location. And third, it would be to continue straight south
along one side of the bank or the other side of the bank of Riley Creek. And really what we're trying to do,
if you think about it at that location, all the pedestrians, all the homeowners here to the south will be
coming up either on Audubon or Powers... obvious destinations for those people on this side of Highway 5.
So those two need to be studied. Some cost estimates prepared. I've included them in the 2002 capital
improvement program. We do not have a cost, or a dollar cost allocated as yet. Get these studies
underway and... The third item is the Highway 101 south, Lake Susan Drive. Extending the park trail
construction. What I characterize this as is the missing link between our north and our south trail systems.
The southern part of our city we have a nice trail, Pioneer Trail and then we also have the southern.., gravel
trail that goes along the railroad.., down here. As these neighborhoods continue to grow they would like
access to the main trail system to most of the downtown. Likewise the greater community in the north, the
large community in the north would like access to the new community park here at Bandimere Park. Often,
half the people have been on bike rides.., and they call and they say well I headed south or headed north and
all of a sudden boom, nowhere to go but the ditch line or the shoulder of Highway 101. When will that trail
City Council Meeting - September 10, 2001
be completed and so... knocked out of it's first place running by 101 north and the council is moving
forward with studying and completing that project. This is probably second on the list and I think... So
what I'm asking the council this evening is for your approval to solicit different firms, feasibility studies for
future design and construction services for these three projects. All of them being funded from Fund 410
for Park Acquisition and Development.
Mayor Jansen: Any questions for staff?
Councilman Boyle: I don't have any.
Mayor Jansen: Seeing no questions, if I could have a motion please.
Councilman Boyle: I'd make a motion that we recommend the City Council approve to connect, we look
at a proposal seeking feasibility studies and design and construction consultation for the following
connectors.
Mayor Jansen: And a second?
Councilman Peterson: Second.
Councilman Boyle moved, Councilman Peterson seconded that the City Council approve the request
for proposals seeking feasibility studies and design and construction consultation for the following
city trail connectors: TH 5 at Bluff Creek; TH 5 at Riley Creek; and TH 101 South from Lake Susan
Drive to Bandimere Park. All voted in favor and the motion carried unanimously 3 to 0.
2002 BUDGET: DEBT SERVICE AND APPROVAL OF PRELIMINARY 2002 TAX LEVY.
Mayor Jansen: We have the debt service and approval of the preliminary 2002 tax levy, and Bruce I didn't
have a chance to ask you. Do you just need a majority vote of those?
Bruce DeJong: Yes.
Mayor Jansen:
Bruce DeJong:
Bruce DeJong:
Mayor Jansen:
please.
Okay. So we're okay. Great.
... but you do have to have a special meeting for the, we have to certify the tax levy...
Mayor Jansen: Within 3 days?
3 days. So that will be the earliest...
Certainly agree. Fortunately with the preliminary levy and not the final, okay. Staff report
Todd Gerhardt: Mayor, City Council members. Our Finance Director has put a power point presentation
together to give an overview of the 2002 tax levy that is being requested.
Bruce DeJong made a power point presentation to the City Council on the 2002 tax levy and debt service.
City Council Meeting - September 10, 2001
Mayor Jansen: Nice presentation.
Bruce DeJong: One other thing that I did want to mention is that in discussions with Mark Ruff... changed
from last year's assumptions.., so with your indulgence, we may make some minor modifications to
that.., but keeping the overall debt levy the same. Just adjusting which funds will receive...
Mayor Jansen: Okay, very good. And as far as where the council is on reviewing budgets, though we have
received the preliminary drafts from department heads, council still has the detail review to go through with
each of the departments as to programs that they're proposing and where the funds are actually allocated to
so we're only a small step into the process at this point. But because of the State requirement that we
approve the preliminary tax levy by the end of this week, we move into at least a rough guess on staff's
part as to what that need is. But as Bruce just point out, once we get more of the specifics and we've got
some detail and staff has had an opportunity to really look at these numbers even harder, we can always
reduce this. We can't go above this number. Were we to encounter situations as we go through with
department heads, programs that we would like to add or additional services or you name it, if there's a lift
upwards, we cannot increase above the amount that we set tonight. So in the survey of, I do tend to follow
staff's direction, especially this early in the budgeting process. And looking at the increases that is
proposed in expenses, we're looking at a higher proposal so far of this 5.6% increase in the departmental
expenses. And the main increases are covering the State funding that we'll no longer be receiving because
of changes in the tax laws. And then also a 47% increase in the debt levy so those are the significant.., or
things that are basically outside of our control as we go through this budgeting process. So with that said,
are there any questions for staff? We can move into comments.
Councilman Peterson and Councilman Boyle asked questions of Bruce DeJong for clarification on the tax
levy and debt service.
Mayor Jansen: And I guess what I would maybe suggest is that we've got 2 ½ months to ponder that as a
proposal and maybe look at it a little closer with staff as to the actual impacts. And part of what we have
to look at is $625,000. $668,000 in lost revenue so we need to be a little cautious when we're quoting this
34% increase. It's not that our expenses are soaring to a point that we need this 34% increase. It was
anticipated by the legislature when they made the changes that they did, that there were going to be some of
these impacts on... and we're going to feel more of that this year and hopefully not have to experience that
further into the future. So this is a...
Councilman Peterson made a comment at this point in response to Mayor Jansen.
Mayor Jansen: But then we also have the recommendation.., conservative to the bonding taken is one of
our goals and we'll certainly try to accomplish having our bond rating to improve so that the cost of money
to our residents isn't as high as it is... we've been making some nice progress there. So if it were increased
to the level that was recommended, which is 15%, we'd be going to 3 ½... so we're still above that
currently... And again I guess what I would encourage is because this is a preliminary tax levy, and we're
certainly throwing out some ideas and concepts here this evening, it might behoove us to listen to our
experts at this first stage in the process. Go in with our department heads and again see what the nuts and
bolts are of their budgets and walk through that detail and we can make whatever changes we feel are
necessary, as being discussed here this evening, with that final levy .... at least leave the options open
and.., one of the things that staff has continually encouraged us to do is to leave them the options available
so that at least they can take a look at the details and the impacts which certainly there are some comments
here this evening that give them a little direction as to where council may be going. But I guess I'd
City Council Meeting - September 10, 2001
encourage us to step up and support staff with the preliminary tax levy point and then we can decide if we
need to tighten the belts and philosophically make changes...
Councilman Boyle: I agree with your comments. I have some other questions but...
Bruce DeJong made a point of clarification to the council.
Mayor Jansen: One of the pieces of information you're able to get us closer to the final levy setting was
a... as to how it would impact our individual homeowners. Would you anticipate that by the time we're
approaching the final levy setting again this year that you might be able to come up with a rough guess?
Bruce DeJong: Yes...
Mayor Jansen: Even though we may be looking on paper as though we're having this big increase, it may
in fact, with what you're saying, with all of the increase in valuations, it may be a minor effect or a
lesser... Any other questions or comments? Okay, if we're ready then for a motion. I'd like to have a
motion please.
Councilman Peterson expressed his reasons for not making a motion.
Mayor Jansen: I'll make the motion and I would maybe echo part of what Councilman Peterson just said.
However, at this point it's early in the process, I would like to respect staff's recommendation and give
them the opportunity to continue to explore and give us information as we get down to the final levy setting
so I'll make a motion that the City Council approve the staff recommendation as submitted. Is there a
second?
Councilman Boyle: Second.
Resolution#2001-60: Mayor Jansen moved, Councilman Boyle seconded that the City Council adopt
the preliminary tax levy of $5,351,650 for the general fund, $1,134,435 for special assessment debt,
$316,472 for general obligation debt, and $1,030,481 for market value debt. Mayor Jansen and
Councilman Boyle voted in favor of the motion. Councilman Peterson voted in opposition. The
motion carried with a vote of 2 to 1.
COUNCIL PRESENTATIONS: COUNCIL/COMMISSION LIAISON UPDATE.
Mayor Jansen: If we have any updates on our commissions from liaisons. I was present at the last
Planning Commission meeting and I would say that there really weren't any major issues that came up.
Everything went very smoothly so I don't have any updates for Planning Commission so why don't we
move onto Administrative Presentations.
ADMINISTRATIVE PRESENTATIONS: TH 101 UPDATE.
Todd Gerhardt: Mayor and Council members. Teresa is here to give you an update on the 101 project.
Staff had the opportunity to meet with residents.., here a couple of weeks ago to talk about, well Lezlie
addressed Teresa with the issue of maybe the City taking back Highway 101 for reconstruction. And from
that we asked Lezlie if she would go back to Hennepin County and City of Eden Prairie to look at what
City Council Meeting - September 10, 2001
they think of that option and Teresa has had conversations, I think it was last Friday regarding that project
and she can update you today.
Teresa Burgess: This is the first time I've talked about 101 that the room's not packed, standing room
only. I do assume there are people at home who are listening and I know we have at least one council
member who's not familiar with this project. The tumback project is a process where MnDot allows the
project to go back to a county or city. Up until this time they've been contemplating a tumback to the
county between Hennepin and Carver. In a conversation we had with MnDot we came up with, what about
turning it back directly to the City of Chanhassen. At that time everything kind of broke loose and in the
last couple weeks we have.., again. And on Friday I met with MnDot to discuss where we go from here.
They have had conversations with Hennepin County and Carver County, both have stated a desire to at
least look into the option. What we are proposing is that if reasonable, which would mean a minimum level
of service is D, we would be looking at 2 lane with shoulders and bike path and/or pedestrian trail on the
side. We have not gone into detail of what the widths are but we would be looking at a direct tumback to
Chanhassen. At this time Carver and Hennepin are still interested in the tumback to them, but they have
not committed to that and are meeting tomorrow with Eden Prairie to discuss the options to see if they are
in support. Certainly we need Eden Prairie's support because it does sit on the border between Eden
Prairie and Chanhassen. One of the options would be for the two cities to take the road back and split the
jurisdiction. The other being of course directly back to one city. Chanhassen has expressed at a staff level
that we believe that it is in Chanhassen's best interest and we'd be willing to take on that maintenance
responsibility. We would receive what is referred to as MSA, Municipal State Aid financing for that
roadway. That financing goes towards maintenance of the road and also for the eventual reconstruction in
20 or 30 years. At this time we do not know if it's viable. We are still in the process of reviewing that.
The city currently has traffic counters out on Highway 101. They were in place today. They're taking new
counts. We took counts in May. MnDot has requested that we re-do those counts to confirm the numbers.
We are also in the process of doing hand counts at Pleasant View, Valley View and West 78th. What those
hand counts do is they sit at a comer, you may have seen them several times and wondered what are those
people in the chairs doing. They sit at the comer and count how many people mm left, right or go straight.
And we are doing that with a consultant service. We have hired Benshoof and Associates to go out and do
that work for us. We do not have enough staff to do it. That will be done before September 19th so we can
turn it in to MnDot along with traffic counts. MnDot will perform the level of service analysis. If we meet
the minimum level service analysis of D with the two lanes and the mm lanes at those intersections, then we
will pursue a two lane with shoulder and bike path and/or trail. Now a lot of that does.., with the
neighborhoods. We have not done that yet because we do not know... Also at the time we have level of
service determined we need the council to see if they are still willing to move forward. I realize that this is
something that's new to you and we have not talked about this. If the City, at a council level support
taking back this project. One of the things we've looked at very preliminary, how much it would cost us to
maintain the roadway. We are estimating in 2001 dollars approximately $12,000 per year to sand,
snowplow, crack seal, patch covering 101 assuming that we can start using tumback funds. Obviously
maintenance at this time is significantly higher due to the poor quality of the roadway. If there's any
questions I'd be happy to answer them.
Mayor Jansen: Any questions for staff?
Councilman Peterson: Tumback funds...
Teresa Burgess: Tumback funds would address the functionality of the road. The actual signals may or
may not be eligible depending on how that road is classified for functionality. The other thing that I have
City Council Meeting - September 10, 2001
been informed is that the municipal turnback is different than county turnback. For a county turnback it
would not qualify for signals as I understand, nor would it qualify for storm drainage or curb and gutter or
trails. Under municipal tumback, that would be considered an urban upgrade to bring... It would qualify.
If the signals do not qualify under the turnback program, there are a couple of other options including a
cooperative agreement. Those signals were considered under the county turnback plans originally
discussed so it is possible they would be allowed with this project.
Mayor Jansen: Well I want to thank staff for working as diligently as you have with MnDot and coming
up with a proposal like this and now approaching our partners on this and going to Eden Prairie tomorrow,
I will be curious to hear the feedback from that discussion. See how amicable they are towards this
proposal but thank you. I think it's certainly sounds encouraging.., keep us in the loop as you proceed.
Teresa Burgess: Council should be aware that this process may have some impact on the time line for the
bike path that is currently in the works. That will be something we'll be keeping tracking and...the recent
work that we've been doing with MnDot we have asked these...to not get too far down the road until we've
had these discussions to see if the counties are interested... That will not delay us if we do choose to move
forward with the trail next year. Hopefully we'll be actually bringing that...
Mayor Jansen: Great. And then somehow working with Representative Workman to come up with some
money for it. Just wonderful. Anything to add Todd?
Todd Gerhardt: No. One thing for Teresa, when were you thinking that we would go to the neighborhoods
on this?
Teresa Burgess: Once we determine this does meet the level of service D.
Todd Gerhardt: And then it's just the traffic counts?
Teresa Burgess: Then it's the traffic counts and MnDot will need a couple of weeks to analyze that data.
They are very anxiously awaiting it... by the end of September. In fact Benshoof should have their report
to you by September 21st and we'll have it couriered up immediately as soon as we have it on our desk...
Once we have that in the office...take 2 to 3 weeks depending on their current workload. We'll have an
answer on level of service and be able to have detailed discussions on who takes the road and how we
pursue this... MnDot has asked if we would be willing to re-work on our agreement with HTPO to revise
our feasibility study from simply a trail to a full blown road construction.
Todd Gerhardt: But that would have to come back to the council.
Teresa Burgess: That would come back to council for approval because that would be a change in scope.
Todd Gerhardt: So by our September 24th meeting you should be able to give council an update as to the
results of the traffic counts and MnDot's review of those.
Teresa Burgess: That data will still be raw. We'll have just turned it in on September 21st. We won't
have a MnDot response yet, but we should have it by the first meeting in October.
Todd Gerhardt: So from that meeting in October we would look to council for direction to go ahead and
meet with neighborhoods...
City Council Meeting - September 10, 2001
Mayor Jansen: Very good.
Todd Gerhardt: Second item that I just want to make council aware of that will probably come out in the
newspapers Thursday is the metro goose hunt that started roughly 2 weeks ago. We have received a few
phone calls regarding the shooting that occurs in Chanhassen. It was a year ago the City Council
established the hunting zones for shotguns. Right now it's down in the northeast comer of 101 and Lyman
where the Klingelhutz farm... We have received a few calls regarding that. Not really concerns regarding
the danger, just the sound that the shotguns make and should they trust to have their kids out or not. There
probably will be a petition sent through the City Council here in the next month or two regarding that. We
did have an incident where somebody was outside of that shooting zone and we addressed that individual
and it was a dispatching issue with that too so we addressed that issue with the dispatchers too. The
dispatch all, and so I just wanted to make sure you're aware of that...
Mayor Jansen: Alright. Anything else? Motion to adjourn.
Councilman Peterson moved, Councilman Boyle seconded to adjourn the meeting. All voted in favor
and the motion carried. The meeting was adjourned at 7:55 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim