CC 2011 10 10
CHANHASSEN CITY COUNCIL
REGULAR MEETING
OCTOBER 10, 2011
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 McDonald, Councilwoman
Tjornhom, Councilwoman Ernst, and Councilman Laufenburger
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman,
Roger Knutson, Greg Sticha, and Richard Rice
Mayor Furlong: Thank you and welcome everybody. Those here in the council chambers as well as
those watching at home. We’re glad that you joined us this evening. At this time I’d ask members of the
council if there are any changes or modifications to the agenda for our council meeting this evening. If
not then we will continue with the agenda as published.
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: I’d like to extend an invitation to all residents and businesses to join the City of
Chanhassen in cooperation with our local businesses to invite everyone to the fourth and final event this
year of our special event series in 2011. It is the annual Halloween Party which will be held on Saturday,
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October 22. At this time I’d like to invite everybody to come and join all of us at the Chanhassen Rec
Center for this event. Children ages 10 and under are invited to participate in the event which will be
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from 5:30 to 7:30 p.m. again on Saturday, October 22. Activities will include family entertainment by
Don B and his variety show. Trick or treating. Some scary rooms. Some hayrides outside. Children
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games and refreshments. Pre-registration is requested and required by Friday, October 21. The day
before either at the Rec Center or at Chanhassen City Hall. There’s a $5.00 fee per child. Adults are free
and it covers all the activities. This is a fun event and I know our park and recreation commissioners get
involved and get dressed up and have a lot of fun so hope to see a lot of people at the rec center on
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Saturday the 22 for our annual Halloween party.
CONSENT AGENDA:
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Yes, I’d like to just have a brief discussion on item (e).
Mayor Furlong: 1(e)?
Councilman Laufenburger: Yes.
Mayor Furlong: Okay. If it’s brief we’ll just pick it up right away after the consent agenda, if that’s
okay.
Councilman Laufenburger: Perfect. Perfect.
Mayor Furlong: Alright. Without objection. Any other comments?
Chanhassen City Council – October 10, 2011
Councilwoman Ernst: Mayor, I’d like to talk about 1(f).
Mayor Furlong: (f). Okay. Again brief or?
Councilwoman Ernst: Brief.
Mayor Furlong: Alright, we’ll pick that up after 1. Any others? If not, is there a motion to adopt items
1(a) through 1(d)?
Councilwoman Ernst: So moved.
Mayor Furlong: Motion’s been made. Is there a second?
Councilman Laufenburger: Second.
Councilwoman Ernst moved, Councilman Laufenburger 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 September 25, 2011
-City Council Verbatim and Summary Minutes dated September 25, 2011
Receive Commission Minutes:
-Planning Commission Work Session Minutes dated September 20, 2011
Resolution #2011-55:
b. Approve Resolution Accepting $500 Donation from Community Bank
for the Senior Center Holiday Party.
c. Approval of Quote for Phone System Upgrade.
d. Approval of Fire Department Staffing Plan.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
1E. HIGH ZONE WATER TOWER PORJECT: CONSIDER APPROVAL OF DEDUCT
CHANGE ORDER.
Councilman Laufenburger: Thank you Mr. Mayor. My primary question is.
Mayor Furlong: Excuse me, maybe we can, let me introduce the topic for those watching at home. This
is related to consideration of a change order related to the high zone water tower. Actually consideration
of a deduction change order. Excuse me Councilman Laufenburger.
Councilman Laufenburger: Okay, so I know that this water tower has been subject of discussion in the
past and for my edification I’d just like to know a little bit about how a deduct change order impacts a
project. Is that something perhaps Mr. Oehme can address?
Paul Oehme: Mr. Mayor, Councilman Laufenburger. Typically a contract is signed between the
contractor and the City for X amount of dollars. A written document for a change order is drafted based
upon removal of or changing out equipment or changing the scope of a project so we’ve identified 4 or 5
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Chanhassen City Council – October 10, 2011
different items for this particular change order to try to get the cost down for this project as much as we
can so based upon what has already been approved to date, we include a change order drafted up and then
basically it’s deducted off of the contract that’s already been approved.
Councilman Laufenburger: Okay. And the questions that you ask, from an engineering standpoint, you
determined that the change will not impact the total performance of the finished project, is that correct?
Paul Oehme: That’s correct.
Councilman Laufenburger: Okay. Can we anticipate any other change orders that would deduct costs
from this?
Paul Oehme: We’re looking at, staff is looking at a few other potential change order deducts down the
road, particularly when in the process of painting and priming the tank itself, there might be some
additional deducts. Maybe we don’t have to dehumidify the tank depending upon the weather conditions
at the time of painting and priming in the interior of the tank so we’re looking at different options there to,
for potential deducts as well.
Councilman Laufenburger: Okay. Thank you Mr. Oehme. That answers my question Mr. Mayor.
Mayor Furlong: Okay, thank you. Any other questions on this item? If not, Councilman Laufenburger
would you like to make a motion to approve?
Councilman Laufenburger: I motion, my motion is to approve item 1(e). High zone water tower project,
the deduct change order in the amount of $37,707.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion?
Resolution #2011-56: Councilman Laufenburger moved, Councilwoman Tjornhom seconded to
approve Change Order #1 for the High Zone Water Tower Construction Project No. 08-03 in a
deduct amount of $37,707. All voted in favor and the motion carried unanimously with a vote of 5
to 0.
1F. APPROVAL OF FIRE DEPARTMENT JOINT PURCHASING CONTRACTS.
Councilwoman Ernst: Yeah I’m just wondering if you can validate what I’m reading from this. Is this
giving us an opportunity to really leverage some resources that we have not had in the past in terms of
volume purchasing, getting, receiving discounts and also performing some work that we may otherwise
have had to pay for? For example technical writing and that sort of thing.
Mayor Furlong: Mr. Gerhardt.
Todd Gerhardt: Laurie, you want to handle that question because we’ve had this agreement in place in
the past but they’re just making amendments to the past agreements.
Laurie Hokkanen: Yeah. We’ve been a member of the Southwest group and been attending meetings and
kind of leveraging those resources for a number of years, but not participated in the purchasing portion
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Chanhassen City Council – October 10, 2011
and then recently the City of Edina made us aware of the group out of Texas and so we haven’t identified
anything specific that we will be purchasing, but you know any time that we can take advantage of the
group buying, it’s nice to have that option. We currently do that with all of the vehicles that we purchase.
Councilwoman Ernst: Right.
Laurie Hokkanen: That way the State does the advertising. They leverage their volume discount and
saves us some staff time.
Councilwoman Ernst: Right. I think it’s a huge benefit so great.
Mayor Furlong: Any other questions? Councilwoman Ernst, could you make a motion?
Councilwoman Ernst: I’ll make a motion that we approve the third amended and restated joint and
cooperative for public safety purchasing and HGABC buy interlocal contract.
Mayor Furlong: Thank you. Is there a second?
Councilman Laufenburger: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
Councilwoman Ernst moved, Councilman Laufenburger seconded to approve the Third Amended
and Restated Joint and Cooperative for Public Safety Purchasing and HGABC Buy Interlocal
Contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
Mayor Furlong: Mr. Ayotte, welcome.
Bob Ayotte: My name is Bob Ayotte. I live at 6213 Cascade Pass and I have a request of the council to
see if they could join in partnership with other political entities in the area. I just want to go over a few
numbers to demonstrate the opportunity we might have to be of further service to your constituents. To
the residents of Chanhassen. About 30% of the city’s students attend Minnetonka schools. Not
Chanhassen District 112, but District 276. To give you a sense of the numbers, those eligible’s to vote in
Precinct 1 of Chanhassen are 1,905. Chanhassen Precinct 1 voter turnout in 2008 was 1,910. Precinct 5
had a voter turnout of 1,685 and the eligible voters for District 276 is 1,063. In Precinct 6 of Chanhassen
we had in 2008 2,117 voters and of that population there are 1,687 eligible voters for 276. Precinct 7, and
this is really skewed here. We have, which is the pretty large precinct. As a matter of fact it’s the second
largest precinct in Carver County, 2,938 were the voter turnout in 2008. We only have 70 people eligible
to vote for 276. Again to bring some visibility to it precinct number 1 in Chanhassen is the fourth largest
precinct of the 26 precincts that make up Minnetonka schools. If you take a look at the numbers, and I
will not state the numbers in public but they’re available, the voter turnout in Chanhassen for 276 board
members has been terrible. Just terrible. In the hundreds in 2009. I asked around and I’m not going to
give the specifics, and I put a request in to the Villager for an article this week in presenting what I found
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out on the street, but we have four District 276 board openings with an election in November 8 and I will
tell you that the residents are unaware so I’m approaching this council and the city staff obviously to see
what we can do to help educate our population as to what the opportunities are to influence and
participate in District 276 activities, and the reason why this is important, as you all well know because
you brought it to this point, the city of Chanhassen enjoys the fact that it’s a sought after community
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Chanhassen City Council – October 10, 2011
largely because of District 112 and District 276. So one would think that the residents of Chanhassen
would see the gains that could be made to participate in the voting process so that we can influence who
represents our District 276 that takes care of a third of our children. So I’m thinking about our websites.
City website. I’m thinking about continued involvement with the Chanhassen Villager and other areas
where we might be able to promote it. Educating staff so that when people call in they know that (a),
there’s an election and (b), where they can go to find out where they vote so as you all know voting’s very
important because that’s our voice in our government and I would make the request that you be sensitive
to the opportunities to influence the outcome of District 276. Thank you for your indulgence.
Mayor Furlong: Thank you Mr. Ayotte. Mr. Gerhardt, I know that, well just at our work session this
evening we received a presentation from District 112 that is running a referendum or having a referendum
on the same night so all Chanhassen residents will have school board elections or votes relating to the
school district on the same evening so if we can maybe, maybe you can work with the superintendent of
276 and have similar contact or link information on our website that we have for District 112 so that the
people are aware of, or if they come to us to get information there’s a way for them to get to the districts.
Todd Gerhardt: Mayor, we’ve done that. We do have a link to 276. It provides you with an absentee
ballot. It will tell you what precinct you’re in and all you have to do is put in your street address and zip
code and they’ll provide that information at the Secretary of State Office website so, we have links that
will take you to there and also links for the 112 referendum.
Mayor Furlong: So for both.
Todd Gerhardt: Yep. And we will also put something on the electronic sign about reminding people to
get out to vote and also something on our Channel 8 and to remind people to get out and vote at the
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school district upcoming elections on November 8.
Mayor Furlong: Okay, thank you Mr. Gerhardt. Thank you Mr. Ayotte. Anyone else that would like to
present this evening for visitor presentations? Seeing none we’ll move on then.
APPROVAL OF QUOTE: RILEY RIDGE PARK PARKING LOT.
Todd Hoffman: Thank you Mayor, members of the City Council. This is the John Klingelhutz property
off of Lyman Boulevard being developed by Lennar. The City as a part of that development acquired a
4.7 acre neighborhood park and tonight we would like to present a opportunity to the City Council to
advance construction of the parking lot at that location. The park was acquired from Lennar as a part of
their platting of the Reflections at Lake Riley neighborhood. The park size is 4.83 acres. Back in
February of this 2011 the City Council did approve a park concept plan, and it’s important to note that
that is simply a park concept plan. Our process is then to let the neighborhood develop and mature. Get
those neighbors and their surrounding neighbors in this park service area involved at a park and recreation
commission level to review the concept plan. Make any recommended changes and then bring that back
at a future date to the City Council prior to the first phase of development. Phase I construction is
scheduled for 2014 for Riley Ridge Park and that is one year after the Phase I development that is
scheduled for Pioneer Pass Park, another recently acquired park in our community. Tonight we’re
recommending that we take advantage of this opportunity to advance the construction of the parking lot
prior to that Phase I development in the year 2014. Some location of the park off of Lyman Boulevard.
The park and ride is located on this property and Lennar is developing the Reflections at Lake Riley
neighborhood in this location. We have a half mile service area for our parks so our goal is to locate a
neighborhood park within a half mile walking distance of all our residential properties in the community
to allow for neighbors to have access to a recreational facility neighborhood gathering site that is public
that they can reach in an evening walk or in a morning outing before work. And the primary service area
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Chanhassen City Council – October 10, 2011
for Riley Ridge will be the properties and the residences south of 212 and then north of Lyman Boulevard
running from the west at the park and ride to the east to the Eden Prairie border. That’s the primary
neighborhood that will utilize this park. However the service area will continue south to the
neighborhood at this location, and then even with the new trail underpass residents north of Highway 212
will also have access to that location. This is the park concept plan and it would show the locations of the
parking lot entrance and parking lot. It’s noted on this that that’s a 10 stall. It has been reduced to 8 to
meet our budgeted allocation for that location, and 8 stalls is still sufficient for a neighborhood park of
this size. In the future the other, this parking lot will be used as a construction access site or staging area
for the construction of the trail system. The picnic area and park shelter, a neighborhood playground, half
court basketball, open field at the bottom of the sliding hill and then this nice wooded nature loop here,
and then there will also be a soft surface overlook, trail overlook going in this location. That will be a
wood chip trail. This is the detail of the parking lot entrance drive, and the 8 parking stalls, and this site
has been prepped with a sub-grade so we’re ready to go for the construction of the parking lot. We
received two quotes, or we solicited two quotes for the project. Nodland Construction is the contractor
currently on site building the roads for the Lennar Development and then GMH Asphalt is a corporation
that just completed our city overlay projects and our city street projects so you can see the bids are very
close. Nodland was just underneath the bid by GMH. So tonight it’s our recommendation that the City
Council approve the quote from Nodland Construction in the amount of $46,677.65 for the construction
of that parking lot at the Riley Ridge neighborhood park. Funding source would be park dedication fees
and the project cost would be deducted from the $250,000 currently programmed in the 2014 CIP. The
remaining CIP dollars would then be invested in 2014 to complete, continue the construction of Phase I
developments and like I talked about earlier, future neighborhood meetings would finalize that park plan.
The schedule for this portion of the work would be complete. All construction would be complete by
November 23, 2011. The primary reason we’re recommending that we advance this construction is to
take care of the current staging. It’s real messy. Dusty. Noisy. Lots of large trucks out there. We would
like to complete the largest portion of the construction that will take place in that park. Constructing this
parking lot prior to homeowners and residents moving in. It’s just a good opportunity to take care of
construction or take advantage of that construction staging right now. Be happy to answer any questions
of the council that you have. Other than that we make a recommendation that the council approve the
quote from Nodland.
Mayor Furlong: Thank you. Questions for staff.
Councilman Laufenburger: I do.
Mayor Furlong: Councilman Laufenburger.
Councilman Laufenburger: You said that you had experience with both of these bidders. Nodland is
working in Reflections of Lake Riley. They’re doing the roads, is that correct?
Todd Hoffman: Correct.
Councilman Laufenburger: And GMH just completed the lovely parking lot, right. They’re very close.
Are you satisfied that you could not get a lower bid somewhere else?
Todd Hoffman: I think so. In that they’re that close and we’d also like to take advantage of a contractor
that we have some relationship with so we solicited these quotes from somebody who’s on site and
actively engaged and then the other contractor that we were working with downtown so being that close,
if they would have came in farther apart we would have solicited a third quote.
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Chanhassen City Council – October 10, 2011
Councilman Laufenburger: Okay. And I noticed that Nodland is from Alexandria and GMH is local
Chaska. Is there anything about buy local that comes into your evaluation in this? Is there anything in
the statute that requires anything like that?
Roger Knutson: No.
Councilman Laufenburger: Thank you.
Roger Knutson: Just the opposite actually.
Councilman Laufenburger: Thank you. I appreciate that.
Todd Hoffman: You’re welcome.
Mayor Furlong: Any other questions? Mr. Hoffman, could you bring up the picture of the park with the
trails where you said the different neighborhoods with the circle. One more. That one there. You
mentioned an underpass in Eden Prairie. That’s not on this map is it?
Todd Hoffman: Just off the map. Just to the east. So this is our corporate limits and the bridge
underneath Highway 212 is located here. The City of Chaska is currently constructing the trail that runs.
Mayor Furlong: Eden Prairie?
Todd Hoffman: Eden Prairie, excuse me. Eden Prairie’s building that to their Rice Marsh Lake Park and
then they’ll be constructing the second phase which will start at the bridge. Come down along our
corporate limits at Bearpath and connect to Lyman Boulevard. So from Lyman you’ll be able to walk
right north and then we have to start construction of our section of connector coming back to the west.
Mayor Furlong: And I assume you’re working with your counterpart in Eden Prairie to connect those
trails.
Todd Hoffman: We are.
Mayor Furlong: Okay.
Todd Hoffman: They will stop short on this project but if they have made the commitment that if we get
to this point they will make that final connection to the bridge.
Mayor Furlong: Okay. Alright. And the connection to trail, we’ve got a trail along Lyman there on the,
up to the corporate corner.
Todd Hoffman: Yep. We got here first. They’re going to get here first so we’re even.
Mayor Furlong: Alright. Okay. Thank you. If there are no other questions, any comments or
discussions on this? Or if somebody would like to make a motion.
Councilman Laufenburger: Yeah, be happy to Mr. Mayor. My motion is that the City Council approves
a quote from Nodland Construction Incorporated in the amount of $46,677.65 for construction of an 8
stall parking lot and entrance drive at Riley Ridge neighborhood park.
Mayor Furlong: Thank you. Is there a second?
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Chanhassen City Council – October 10, 2011
Councilman McDonald: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
Councilman Laufenburger moved, Councilman McDonald seconded that the City Council approves
a quote from Nodland Construction Incorporated in the amount of $46,677.65 for construction of
an 8 stall parking lot and entrance drive at Riley Ridge neighborhood park. All voted in favor and
the motion carried unanimously with a vote of 5 to 0.
TH 41 TRAIL AND UNDERPASS PROJECT:
A. APPROVAL OF JOINT POWERS AGREEMENT.
B. APPROVAL OF PLANS AND SPECIFICATIONS.
Todd Hoffman: Thank you Mr. Mayor and members of the council. This evening we have Marty Walsh
who is the Carver County Parks Director with us here this evening. This presentation is really a
culmination of a lot of years of invested time and effort on behalf of the County and then with the City as
a partner. Similar to the project we just got done discussing in the work session, the County was the
primary agent applying for the federal funds. In this case a million dollars in transportation enhancement
funds so that’s what got the ball rolling. This trail segment along 41 and then entering into the park is
really one of the top 5 or 6 major sections of trail in our comprehensive trail section yet to be completed.
The other one we just talked about with the Rice Marsh Lake is also one of those and so we’re narrowing
that window of when we’re going to complete our trail connections. In speaking with residents, the ones
that don’t have their trail yet, the ones that don’t have their Trunk Highway 41 or the Rice Marsh trail,
they’re very excited to see these projects coming up because they obviously they’re familiar with the
other trails in the community and they’re taking advantage of those as well but they’re excited to have
these closer to home. So we’ll be going through the presentation for the council and the public this
evening and then talking about the two different parts. The joints powers agreement and then the plans
and specifications so Marty, want to take it off from there.
Marty Walsh: Well thank you Mr. Mayor and council members. And for those at home that are looking
at the power point presentation and wondering what LMP stands for, that’s Lake Minnewashta Park
Trunk Highway 41 trail and underpass. Just a little bit of background information. Lake Minnewashta
Park’s been around for quite some time. It was back in the early 80’s when it was first, land acquisition
first began and we had a master plan at that point in time. It was updated in 2002. We were recognizing
that Trunk Highway 41 was a significant barrier to getting people into the park with about 17,000 vehicles
a day that drive across 41 presents again a significant barrier. In our master plan, and that’s what this
represents here, and I’ll see if this pointer. If I use the pointer here will people follow that?
Todd Hoffman: I think you have to use the mouse.
Marty Walsh: Want me to use the mouse here? Just to get people oriented. This is Trunk Highway 41
and Lake Minnewashta Regional Park which is 341 acres in size. This master plan was created in 2002.
As a part of that master plan the connection was made here, planned for a box culvert underpass near
where the well house station is for Chanhassen so what our grant application applies for is about 1 mile
worth of trail along Trunk Highway 41, and this purple line into the park here represents about a mile and
a half worth of trail which leads down to the beach area. Some additional background application as
Todd had mentioned. We did apply for transportation enhancement funds. Our initial application was
sent back in 2005. We weren’t successful that year. We did wait for the next cycle in 2007 which we
were successful. We did apply for the maximum amount, for the million dollars. The project scope if
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Chanhassen City Council – October 10, 2011
you will, again connects Longacres Drive all the way up to Minnetonka Middle School West and then
provides 1.5 miles worth of trail inside the park boundary. So about 1.6 miles inside the park, or inside
the park and about 1 mile of trail outside the park. This just represents again the work that’s planned to
take place. Again the 1 mile worth of trail segment along Trunk Highway 41 indicating Minnetonka
Middle School West here. Down to Longacres Drive and then for those that are along Lake Lucy Road,
here’s the Lake Lucy Road connection here. And then the park within the park as we talked about just a
moment ago. We are asking for approval of the joint powers agreement between Chanhassen and Carver
County. Engineering will be split 50/50 in terms of the trail and underpass. Box culvert construction will
be split 80% federal funds, 10% Carver County and 10% Chanhassen. Trail inspection construction split
is based on construction value of the project. 34.5% of that construction value is within the park
boundary and 65.5% is outside of the park boundary. Estimated project cost, about $2.1 million dollars.
Funding breakdown is $1,090,000 for transportation enhancement funds. We did get a few dollars more
for inflationary factor from the federal government. $418,000 from Carver County and $632,000 from
Chanhassen. And then again the total there $2.1 million. Timeframe here. MnDOT has reviewed our
plans. We have a few minor things that we are working to correct with them. Our consultant will make
the final changes to those sets of plans and MnDOT will review those again and we’re asking for
Chanhassen’s approval of the joint powers agreement tonight. The October timeframe, October through
December we’ll be looking for what I say is kind of the final approval plans and specifications during that
time period. We plan to do the project in January to February, thinking that will be the most favorable
time to bid the project, and that we hope to award a contract in February and spring construction 2012.
And then with that I’d take any questions that council members may have.
Mayor Furlong: Thank you. Any questions for Mr. Walsh or Mr. Hoffman? The allocation of costs, and
I think we talked about this in our work session but for others that may be interested. The length of the
trail along 41 is approximately the same as the length of the trail inside the park but it’s costing more.
Perhaps you could explain why.
Marty Walsh: I can just elaborate a little bit on it.
Mayor Furlong: Thank you.
Marty Walsh: One of the things that we talked about in our workshop session is Trunk Highway 41,
there’s significant drainage structures that are in that area that need to be upgraded. The other significant
thing that’s there is the retaining wall that’s related to the trail as you go north and I’ll flip back if that’s
alright. So in this, and it’s really going to be just off the edge of our map here is a lake area and it has a
really significant retaining wall structure that is built there so between working with what I’d say is a
fairly narrow right-of-way and some significant spots such as here and working with some topography
and dealing with drainage in those areas, that’s really where a large portion of the cost as it’s related to
infrastructure and working to get our trail within the right-of-way.
Mayor Furlong: And what was done in the design process to try to minimize those extra costs?
Marty Walsh: There was a lot that was done. Initially when we talked to MnDOT about the, particularly
the area next to the pond, we had come in with a design that we thought would work that would
essentially be a terrace. The road would be at one elevation and the trail would be at another elevation
and MnDOT felt completely uncomfortable with that sort of design and asked us to consider a bridge if
you will and we knew that a bridge cost would be really outside of the scope of this work here so what we
did try to do is come up with something that would work. Would be reasonable. It wasn’t the cost of the
bridge. It wasn’t quite what we had hoped for but now the design does bring up the trail to the elevation
of the bridge so we are getting some more retaining wall if you will, to get that design in there. The other
part of that is too that the State was uncomfortable with having storm water drainage if you will go all the
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Chanhassen City Council – October 10, 2011
way across the trail and down into the pond so we’ve asked for us to collect that at 41 and then get it
down in a manner that doesn’t cause erosion and doesn’t go across the trail.
Mayor Furlong: Safety wise from the design standpoint, the distance between the trail and the roadway
itself will be sufficient?
Marty Walsh: Yes. Yeah, it will meet all design standards.
Mayor Furlong: Okay. And approximately, remind me. I think we talked about this in the work session
as well but about how many feet are there distance between the trail and the current roadway? And that
may vary.
Marty Walsh: It will vary and again just that kind of probably…but of course right here at the retaining
wall area it will be tight. You’re still meeting standards and separated by a guardrail in terms of safety
protection.
Mayor Furlong: Okay.
Marty Walsh: As you go south of Lake Lucy Road here, we have some fairly tight constraints. There’s
large deep lots here but the right-of-way is quite narrow along 41. But then you can see in this particular
area here that our right-of-way opens up quite a bit and then for those that are familiar with Trunk
Highway 41, as you go along it almost looks like years ago somebody had graded in a bit of a roadway or
kind of a terrace if you will and our trail will be located on top of that so there’s not much of an issue
there. With regards to as you get closer down to Longacres Drive, which is off of this particular map, we
do hit again closer to some of the right-of-way issues. I would say that we have a couple of properties
where, let’s see if I, I think this is it right in this general area here where they have a driveway that comes
out from their private residence right onto Highway 41 and we know that there’s some landscaping issues
there that we’ll be dealing with because they’ve landscaped into the right-of-way and where the trail
comes through will disturb that. The other of what I would say is significant vegetation disruption will
occur right here at Lake Lucy Road and that kind of southeast quadrant of that intersection there. There
are a number of what I’d say is very large pine trees and unfortunately they will go. We are staying
outside of the private property so we didn’t have to acquire additional right-of-way but we are sacrificing
some trees there and even in that sort of scenario to convey stormwater we are putting in some small
retaining walls at that area. The other area where I’d say significant vegetation disruption will occur is
right at the box culvert. There will be no trees on both sides of this are severely impacted again just
because of the grades that are being so there will be of course disturbance in terms of general construction
activity along the corridor but where you’re going to notice what I’d say is significant impacts is to the
south side of Lake Lucy and then around that box culvert area. In that area.
Mayor Furlong: Thank you. Mr. Knutson, with regards to the joint powers agreement itself, has that
been reviewed or has, have you or someone on your staff reviewed that?
Roger Knutson: Yes we have.
Mayor Furlong: And have any questions or concerns about that?
Roger Knutson: No.
Mayor Furlong: Okay, thank you.
Councilman Laufenburger: Let me just raise one question Mr. Mayor.
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Chanhassen City Council – October 10, 2011
Mayor Furlong: Sure.
Councilman Laufenburger: Mr. Walsh, we certainly appreciate not only the work that you’ve done but
the cooperation with our own parks and recreation department and I’m very comfortable that this is going
to bring great value to not only our community but also to the park. In your presentation you spoke about
plans and approvals needed in the October through December timeframe, yet I see it on our agenda
tonight to approve the plans. Does it help that we approve now or should we allow it to ferment a little bit
before we approve it?
Marty Walsh: From my perspective it definitely helps to move forward now. We are working on, with
staff on one issue I think at this point with regards to fencing designs and that allows us some time to
work through the issues on fencing. I think there is a request for us to look into the double post design in
fencing so we are looking into that but otherwise we’re pretty well can start the plans. I think Chanhassen
has had a pretty good chance, staff has had a good chance of looking at our plans and so I think we’re
feeling pretty comfortable with moving forward.
Councilman Laufenburger: Okay.
Mayor Furlong: And in that regard I guess Mr. Hoffman with regard to the fence, where does that sit or if
we approve these plans this evening, does that. Is that going to obtain for us the type of fence design that
we’re looking for?
Todd Hoffman: Well we’re currently evaluating where we can put the double pipe rail versus a chain
link. If we do chain link at all we’ll a minimize we’ll do a coated chain link where it needs to go there.
There are two things going on. Safety and maintenance. Long term maintenance and plowing into a
chain link fence with snow loads is not a positive experience for our maintenance and it would require the
future long term maintenance of that fence so a double pipe rail is simply that. It’s two pipes and there’s
lots of room for the snow to go through. We run into a situation where we have a very high retaining wall
where that’s not going to be sufficient for safety, we may have to use the chain link. If the chain link
fencing will be minimized in all locations that we can. And the other place you will see chain link is on
the top of the box culvert where you’re providing a barrier for people who happen to be on the shoulder of
the road and might encounter the top of the box culvert with a head wall. Other than that we’ll minimize
all the locations for chain link, and if we use chain link we would coat it most likely black…
Mayor Furlong: Thank you. Any other questions on this? If not, unless there’s objection I think we can
take both of these items in a single motion. If someone would like to make a motion.
Councilman McDonald: I’ll do it.
Mayor Furlong: Mr. McDonald.
Councilman McDonald: The City Council approves the joint powers agreement between Carver County
and the City of Chanhassen for design and construction of a TH 41 trail/underpass and Lake Minnewashta
Regional Park trail.
Mayor Furlong: Okay. Do you want to also do the second one? Item 3(b) at the same time.
Councilman McDonald: 3(b).
Councilman Laufenburger: Page 267.
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Chanhassen City Council – October 10, 2011
Councilman McDonald: I’ll find it here. The City Council approves the plans and specifications for a
TH 41 trail and underpass project.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approves
the joint powers agreement between Carver County and the City of Chanhassen for design and
construction of a TH 41 trail/underpass and Lake Minnewashta Regional Park trail and approves
the plans and specifications for a TH 41 trail and underpass project. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
Marty Walsh: Thank you Mayor and members.
Mayor Furlong: Thank you for all your work and assistance on this. Appreciate it.
APPROVAL OF LEASE FOR OUTBUILDING AND SALT STORAGE AREA, 1591 PARK
ROAD, BENIEK PROPERTY SERVICES.
Mayor Furlong: Let’s start with a staff report please. Just hang on for a minute. Staff just left the council
chambers.
Councilwoman Tjornhom: Mr. Mayor, this is a good time for a joke or something.
Mayor Furlong: Only if it’s a good joke.
Councilwoman Tjornhom: That’s fine. We’ll just remain silent.
Mayor Furlong: I think this is a first. Councilman Laufenburger, quick questions of staff?
Councilman Laufenburger: I just a comment. I was out of town for a couple weeks. I came back and I
saw that the bump caused by the under, the walking culvert on 101 south, a primary artery for me in my
travels through Chanhassen, has been repaired so.
Mayor Furlong: This would be south of Highway 5?
Councilman Laufenburger: This is south of Highway 5 Mr. Mayor, correct. So I’m not sure if you had a
hand in that Mr. Oehme or if that was County or State but thank you.
Todd Gerhardt: Carver County.
Mayor Furlong: Alright. Let’s go to a staff report please. Ms. Hokkanen.
Laurie Hokkanen: We discussed at our last work session that we have a Beniek Property Services would
like to lease a portion of our old public works facility. We have an out building on the property that’s
approximately 4,700 square feet. We used it for cold storage and Beniek is a company that specializes in
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Chanhassen City Council – October 10, 2011
landscaping and snow removal. They have offices here in Chanhassen but are looking to lease this
additional space and so what we would be leasing to them is outlined on the map. It’s the out building,
the salt storage and approximately 50 feet of parking in front of both of those facilities. The lease is
th
proposed to start October 15 of this year. It would run for one year. They will provide us with a one
month security deposit as we discussed at our work session. They will pay for all of the utilities and the
City will retain responsibility for maintenance of the building as well as snow removal and exterior
maintenance. I think that’s about it. The biggest change, we’ve had some, a few minor changes in the
lease. None of them change what I just told you. The only addition is that the Beniek does plan to
sublease one of the bays for some portion of this one year lease to Dave Soliday from Game’n Ride. I
think you’ve all got a chance to see Mr. Soliday’s trailer. It’s, he rents it out for birthday parties events
and he’s just looking for somewhere to park that and the out building at public works on it’s own is too
large for him to have approached us but it works out well for him to work with Beniek. If Beniek for any
reason would want to sublease additional part of the building, that would require an addendum to the
lease and that would come back before you for approval so it just kind of worked out that they worked
this out late last week, early today and we were able to incorporate it all in the initial lease. I would like
to propose a slight change to the motion that we put in the packet because we made some changes up until
5:00 today, if we could just make the motion approval on the City Attorney doing a final review on the
lease and all the changes, that would be appreciated.
Mayor Furlong: Alright. If there are any of those changes affect the economics of the agreement in any
way then I would assume it would come back to the council, is that a fair understanding on the part of
your review Mr. Knutson?
Roger Knutson: Absolutely Mayor.
Mayor Furlong: Okay. Thank you. Any questions for staff?
Councilwoman Tjornhom: I had just one question that I think we discussed at our work session too but
the fact that we’re responsible for the snow removal and they obviously have different hours than just a
normal business so does that mean that we’re responsible for you know plowing out the parking lot for
them at 2:00 a.m.? 4:00 a.m.?
Laurie Hokkanen: You know we are currently using the old public works building for the Carver County
sheriff’s office so we’re planning on keeping up with the 24 hour schedule of plowing at that building
anyway based on that use so it just worked out for us, and instead of trying to negotiate a reduced rent or
paying them a fee for that snow removal, because we’re already going to be performing that on that
schedule, for us to just take care of it for the whole property. So I don’t see that, this lease causing an
additional burden on us.
Mayor Furlong: Okay. Any other questions for staff? No? Seeing none, would somebody like to make
a motion?
Councilwoman Ernst: Sure.
Mayor Furlong: Councilwoman Ernst.
Councilwoman Ernst: I make a motion that we approve the attached lease with Beniek Property Services
to commence on October 15, 2011 on the condition the City Attorney do a final review of the lease.
Mayor Furlong: Is that sufficient? Thank you. Is there a second?
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Chanhassen City Council – October 10, 2011
Councilman Laufenburger: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion? Hearing none we’ll proceed with
the vote.
Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve
the attached lease with Beniek Property Services to commence on October 15, 2011 on the condition
the City Attorney do a final review of the lease. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Just update on road construction. Councilmember Laufenburger talked about the small
overlay off of 101 just to the southwest of Presbyterian Homes. We had some settling that occurred
around the box culvert. Carver County came in there and did a small overlay on that section to match in
with the existing grades where that settling was occurring. The other area that’s under construction is
south of Pioneer Trail. The section owned by and operated by MnDOT by Halla Nursery. If you
remember this spring we had moguls on 101. They’re not supposed to be there so, and that was a sub-
grade issue where there’s moisture in the sub-grade that created heaving. MnDOT should finish up their
work this week in correcting that situation. Also you may have parked in the new parking lot down
below for the senior center and Chanhassen library. The contractor did a wonderful job on that project.
We had plenty of inspectors on site again.
Councilman Laufenburger: All licensed?
Todd Gerhardt: All licensed, certified parking inspectors and so it was a great team effort from
everybody here at City Hall and a few residents so, and then the rest of the projects, both Red Cedar
Point, the mill and overlays were completed with sod occurring this past week and things are wrapping
up.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? Chief Wolff, I see you here and if I can
impose upon you, I think the fire department open house is coming up this Sunday, is that correct?
Chief John Wolff: That’s correct Mayor.
Mayor Furlong: If you’d just like to make a quick invitation if you would.
Chief John Wolff: Certainly. Yeah our annual open house is this Sunday. It’s from 1:00 to 4:00 and all
are invited.
Mayor Furlong: Okay, very good. That’s a fun time. I know a lot of the families enjoy that so, either
before or after the Vikings game is usually the busiest time. Especially after the win on Sunday.
Chief John Wolff: I don’t know about this year though. I think we might have a good crowd.
Mayor Furlong: It might be a good crowd throughout the time, that could be. Alright, thank you very
much.
Chief John Wolff: Certainly.
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Chanhassen City Council – October 10, 2011
Mayor Furlong: Hope you have a good attendance at that event. And I know that a lot of our fire fighters
will be working this week with the schools as far as fire prevention week as well so we extend our thanks
to them for that. Any other questions for Mr. Gerhardt or any of his staff?
CORRESPONDENCE DISCUSSION:
None.
Councilwoman Ernst moved, Councilman McDonald 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 7:50 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
15