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CC 2017 10 09 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2017 Mayor Laufenburger called the meeting to order at 7:10 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom and Councilwoman Ryan COUNCIL MEMBERS ABSENT: Councilman McDonald and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman and Roger Knutson PUBLIC PRESENT: Nicole Nejezchleba 2851 North Manor Road Lita Cantin 6694 Nez Perce Kathy Kladek 6321 Minnewashta Woods Drive Cindy Kelley 6331 Minnewashta Woods Drive Mary Hughes 2741 Sandpiper Trail, Excelsior Frank Ernst 840 Cree Drive Mayor Laufenburger: Thank you and welcome to this council meeting. To those of you that are in the chamber with us this evening as well as those watching on Mediacom cable at home in Chanhassen or those that are watching via our website livestream. Thanks for joining us. For the record we have Councilmember Ryan, Councilmember Tjornhom, and myself here this evening. Councilmembers McDonald and Campion are both excused this evening. They’re traveling on business. First thing I’d like to do is council members are there any modifications to the printed agenda you have in front of you this evening? Alright, therefore we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: ANNOUNCING CHANHASSEN AS A WINNER FOR THE 2017 VOICE OF THE PEOPLE AWARD FOR EXCELLENCE IN MOBILITY. Mayor Laufenburger: I do have a public announcement I’d like to make tonight. Let me find it here. Just as a matter of information, every 2 or 3 years Chanhassen conducts a citizen survey of Chanhassen residents and we do this to kind of keep our fingers on the pulse of what the citizens of Chanhassen are thinking about our community and we recently were informed that the community of Chanhassen received what’s known as the Voice of the People Award for Excellence in Mobility and I want to read just a portion of this press release. This is dated nd October 2. The National Research Center Inc., NRC has announced Chanhassen, Minnesota Chanhassen City Council – October 9, 2017 winner of the Voice of the People Award for Excellence in Mobility. This award only given to top performing jurisdictions that best listen and act for the benefit of their communities. Based on responses from the National Citizens Survey, which by the way was conducted here in Chanhassen, I believe it was last summer, is that correct? The National Citizens Survey, residents in our community reported the highest ratings for this category, mobility, compared with all other participating jurisdictions. The Voice of the People Award stand alone as the only award given in local government based on community opinion. The perspectives of the residents themselves determine nominees for the very best of community engagement, safety, mobility, foundations of livability, recreation and wellness, education and enrichment, natural environment, built environment and economy. Of the communities that participated in the National Citizens Survey in 2016 winners and finalists for excellence in these categories received the highest overall levels of satisfaction from residents. Chelsea has this been posted on our website? Chelsea Petersen: I believe so. Mayor Laufenburger: Okay. The important thing is this award is not given to the City Council. It’s not given to city staff. This is recognition of the responses by the citizens of Chanhassen so thank you to the citizens of Chanhassen for acknowledging their own community with this Voice of the People Excellence in Mobility award. Thank you. CONSENT AGENDA: Councilwoman Ryan moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated September 25, 2017 2. 2040 Comprehensive Plan: Authorize Distribution for Jurisdictional Review. All voted in favor and the motion carried unanimously with a vote of 3 to 0. VISITOR PRESENTATIONS. Mayor Laufenburger: Next item on our agenda is visitor presentations. Visitor presentations are part of every council meeting that we have. This is an opportunity for anyone wishing to address the council on a matter not on the agenda they may step to the podium. Just as a reminder on every printed agenda there is guidelines for visitor presentations. We welcome visitor presentations and anyone indicating a desire to speak will be acknowledged by the mayor. That’s me. They will state their name and address and topic. Remarks should be addressed to the City Council as a whole and not to any specific member or to any person who is not a member of the council and if there’s a number of individuals present to speak on the same topic we’d ask that you designate a spokesperson to summarize that issue. We ask that you limit your comments to 5 minutes. During visitor presentations council and staff listen to comments. We’ll 2 Chanhassen City Council – October 9, 2017 not necessarily engage in discussion and council members or the city manager may ask questions in order to gain a thorough understanding of your concerns, suggestions or request. And lastly please be aware that disrespectful comments or comments of a personal nature directed as an individual either by name or inference will not be allowed. Personnel concerns should be directed to the city manager. It’s just a nice reminder of how we view visitor presentations here in the chambers of the Chanhassen, City of Chanhassen council so if there’s anybody that would like to address the council on a matter that is not on the agenda this evening you’re welcomed to step forward to the microphone and state your name and address. Your name and address please. Frank Ernst: Frank Ernst, 840 Cree Drive, Chanhassen. Mayor Laufenburger: 843. Frank Ernst: 840. Mayor Laufenburger: Cree. Frank Ernst: 8-4-0 Cree. C-r-e-e Drive. Mayor Laufenburger: Welcome Mr. Ernst. Frank Ernst: I’m happy to say that part of what I had to say tonight has already been announced and that is under guidelines for visitor presentation and particularly the part stating please be aware that disrespectful comments or comments of a personal nature directed at an individual either by name or inference will not be allowed. There’s been a great deal of public comment at the last couple of council meetings. At one meeting, standing room only. 20 people or more testifying on an issue. A petition with over 800 signatures presented. What was the result? Residents were called out individually. There were threats made that the room would be vacated and the position in my, the petition was in my opinion dismissed as residents fear of change. I spoke at the last meeting about the inappropriate emails my wife and I received following that meeting. I can only assume this reaction was because we spoke in opposition to some council member wishes. I was given the consideration of the council listening to my comments but I have no reason to believe that any inappropriate behavior will be addressed. I have not been able to find a code similar to the ones stated for visitor presentation for the council to follow when they deal with the taxpaying residents of Chanhassen. So I’m here tonight to ask are there behavior or ethical standards for the council member or do they not have ethics? If there are standards could they be included on the council website. Put them where residents can see them so they know what they can reasonably expect if they have the courage to come speak to this body. If there are not standards set can the issue be addressed? Can this matter be included on the agenda council at a future meeting? Soon. Can it be addressed so the citizens can see, hear and have input in developing some reasonable standards. 3 Chanhassen City Council – October 9, 2017 Mayor Laufenburger: Thank you Mr. Ernst. Is there anyone else who would like to address the council at this time? Okay at this time I will close visitor presentations. MINNWASHTA MANOR STREET IMPROVEMENT PROJECT NO. 16-01: PUBLIC HEARING ON SUPPLEMENTING THE ASSESSMENT ROLL. Mayor Laufenburger: Is there a staff report this evening? Mr. Oehme, is this your’s? Paul Oehme: It is. Mayor Laufenburger: Alright. Paul Oehme: Mayor, City Council members, good evening. This is a continuation from last council meeting’s update on the Minnewashta Manor street and utility project and this evening we’d like to hold a public hearing to consider a supplemental assessment document for this project. The agenda for tonight, just I’ll give you a brief background again on the project. Where we’re at. Review the construction phasing that we’re working on and then the new schedule moving forward and then. Mayor Laufenburger: Mr. Oehme, let me interrupt you just for a second. Just for those people in the chambers let me just talk about this process. I will first ask for a staff report. Then I will open the meeting, ask the council members if they have any questions of staff. After that time I will then open a public hearing and members of the community that are present can speak relative to the staff report and the anticipated action. And then I will close the public hearing and then it will come back to the council for discussion and potential action so public hearing will occur in just a few minutes. Thank you Mr. Oehme. Paul Oehme: Thank you Mayor. So the Minnewashta Manor project is again it’s a complete street reconstruction project with utilities consisting of 1.1 miles approximately of streets. Streets included are North Manor, Washta Bay Road, Tanagers, Sandpiper Trail and Minnewashta Woods Drive and then also Orchard Lane. A block of Orchard Lane. The original schedule was to start in late May with tree removal and the contractor did start on time. Utility work did begin in June but substantial has been delayed for several reasons. And then the original or the wear course, the final lift of asphalt is still to be completed next year. The original project was phasing was divided into two areas of the project. The area in green. That’s the area that the contractor started on first and we didn’t want to break up or have all the streets ripped up at the same time and the contractor just working on a section of the project just helps with access and mobility and just helps with neighbors getting into their house a little easier. The schedule delays were mainly because of mismarked underground utilities by the private utility companies. Some of these underground utilities are mismarked about 7 feet which delay the contractor. We had to move some of these utilities or have to work around them which delayed or slowed down the contractor in some instances too. We did also have our current labor, up to 14 days of rain delays for this project. The staff did look at because of these delays 4 Chanhassen City Council – October 9, 2017 what the potential impacts to the schedule would be. We found out that it was most likely not going to be able to complete the project this year so what staff did, we know we can finish phase 1 and then we did add in Tanagers Lane, a block of Tanagers Lane in darker green here and then North Manor Road to this year’s project and what staff is proposing is to delay the Washta Bay Road here in yellow to phase 2 now which would start next year. But just an update on the progress to date. We have completed all the paving work on North Manor Road. Most of the driveways have now been paved in the lighter green area here. We have completed all the utility work on North Manor Road. We have completed now the watermain in Tanagers Lane here. In the darker green area. I believe on Wednesday the contractor will start on the storm sewer on Tanagers Lane. And then also this week we’re looking at building the road in North Manor as well and then once that section of road is built then we’ll jump to Tanagers Lane and rebuild that section of road so we’re still anticipating, even with all the weather delays we’ve had of pouring th curb the week of October 16 and then grading. Tolerancing the road on North Manor and rd Tanagers the week of the 23 and paving that week as well and then restoration would take place shortly thereafter. So still the goal is to try to complete a project by the end of this month. So, but for next year we’re, again the area in yellow is phase 2. We’re looking at starting that project we hope in early May and having the project completed paving and restoration done by middle of July. So with that, with the delays and the changing conditions that we’ve had in this project staff did have concerns about how the assessments would be handled this year. We did look at several options we talked about at our last meeting with either keeping the assessments the way they are. They were approved by the City Council in January of this year as the original project had indicated. The other option that we talked about last council meeting was maybe to assess the projects on the properties in phase 1 where all the streets would be completed and that would include all North Manor and then that section of Tanagers too. And then deferring the assessments until next year for Washta Bay. And the third option that we talked about was postponing all the assessments for all the residents for the entire project until next year when the project will be completed so based upon council’s comments from last meeting staff is recommending number 3 and that is consistent with what is in your package and the resolution that is attached. With that if there’s any questions I’d be more than happy to answer them. Otherwise I’d recommend that a public hearing be open. Mayor Laufenburger: Okay, in a moment I’ll open the public hearing but let’s see if there’s any questions from council at this time. Any questions of council? Councilmember Ryan, go ahead. th Councilwoman Ryan: Just a curious how the meeting went on October 5. An update. Paul Oehme: Yep. So we did have a neighborhood meeting last Thursday and I think it went well. It was just an open house meeting where residents could come and go and staff, we did have 3 staff members there. I think there was a total of 6 property owners that attended so I think most all the property owners there I think they had their questions answered and I think it really went well. We had a good discussion with them. Councilwoman Ryan: Alright, thank you. 5 Chanhassen City Council – October 9, 2017 Mayor Laufenburger: So can you go back to the three colored, there. So the dark green is not currently paved is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: The light green is currently paved. Paul Oehme: That’s correct. Mayor Laufenburger: And the yellow portion has no work done on it. Paul Oehme: That’s correct. Mayor Laufenburger: Okay, so next spring you’ll remark the utilities in the yellow portion, is that correct? Paul Oehme: Yep, and I believe some of the utilities, the small utilities have already been moved out of the way now. Mayor Laufenburger: Oh they have? Paul Oehme: Yeah, so I think we’re pretty set for next year and I don’t think we’re going to have too many problems now with, like we did the beginning of this year. Mayor Laufenburger: Okay. So the light green, the curb and pavement is in. Paul Oehme: Correct. Mayor Laufenburger: The dark green, there is no curbing in right now. Paul Oehme: Correct. Mayor Laufenburger: So it’s still, it’s dirt. Paul Oehme: Yep but we’re going to try, the schedule is to have curb in by the end of the week th of the 16. Mayor Laufenburger: Right. And are, is water flowing and waste water in place? Paul Oehme: Yep so we have completed all the sanitary improvements on Tanagers that were in the contract. All the watermain is in on North Manor and the services to the households are back in service at this time. They’re off of temporary water. Tanagers Lane is still on temporary 6 Chanhassen City Council – October 9, 2017 water at this time but we anticipate by the end of this week that should be off the temp water as well. Mayor Laufenburger: Okay, alright. Todd Gerhardt: North Manor has sewer? Paul Oehme: There was no sewer improvements on North Manor that were needed so, yep. Mayor Laufenburger: Alright so with exception of Tanagers and North Manor, people do have paved roads. Not a finished wear course but it’s the initial paved. Paul Oehme: That’s correct and most of the driveways are now paved as well too. We had to remove a section of their driveway just to match in the curb. The new curb and stuff so. Mayor Laufenburger: So is there any area here where the driveways are not completed? Paul Oehme: Tanagers Lane is not completed yet and then North Manor is not completed. I think there’s maybe one or two driveways we’re still looking at paving this week in that lighter green phase 1 area. Mayor Laufenburger: Okay. And are we, I know one of the concerns that was expressed at the last meeting related to communications. Have you followed through on your communications plan, number one? Two, invite all of the neighbors got notice about the open house, is that correct? Paul Oehme: That’s correct, all 59 property owners. Mayor Laufenburger: And so water is turned on for everybody now so, is that correct? Paul Oehme: Well Tanagers Lane still, everybody has water it’s just Tanagers Lane. Mayor Laufenburger: Still is temporary. Paul Oehme: Temporary water, correct. Mayor Laufenburger: Okay, alright. Okay. And have you had since our last council meeting have you had any significant blips in your work schedule of any sort? Paul Oehme: No, we have had a couple rain delays since last council meeting but that hasn’t impacted our schedule. 7 Chanhassen City Council – October 9, 2017 Mayor Laufenburger: Okay, alright. Well with that, and just to, can you go back to your recommendation Mr. Oehme? Okay. So you don’t have a copy of the resolution in your slides do you? Paul Oehme: I do not. Mayor Laufenburger: Okay, alright. So the recommendation is to go with number, there we go. Paul Oehme: Yep, here’s the proposed motion. Mayor Laufenburger: This is the motion but essentially it is to delay the assessments on all properties, including those properties that will be substantially completed this year. Paul Oehme: That’s correct. Mayor Laufenburger: Okay, alright. Okay with that I’d like to open the public hearing on this project, Minnewashta Manor Street Improvement Project 16-01 so the public hearing is open. If there’s anybody who would like to address the council relative to this project in any way please step up to the podium. State your name and address and we’ll welcome to have you. State your name and address please. Nicole Nejezchleba: Good evening council members. My name is Nicole Nejezchleba and I live at 2851 North Manor Road in Chanhassen. Mayor Laufenburger: You’re in the dark green area is that correct? Nicole Nejezchleba: In the non-paved dark green area, correct. Yes. I would just like to thank city staff for working with the neighborhood. We’ve made some progress with communication. I understand we have a new employee and that I think is going to be helpful with communicating with the neighborhood. I want to thank council members for listening to our complaints and the neighbors are very excited about scenario 3 which is postponing it for everyone until the project is completed next year so the neighbors are in support of that. That’s all I wanted to say tonight. Mayor Laufenburger: Alright, thank you Nicole. Nicole Nejezchleba: Thank you so much. Mayor Laufenburger: Is there anybody else who would like to speak to the council on this matter this evening? Please, state your name and address. Mary Hughes: Yeah my name is Mary Hughes, 2741 Sandpiper Trail in Excelsior and I am in the light green where we have road and we actually have driveway but there are people around 8 Chanhassen City Council – October 9, 2017 us who do not have their driveways yet. Also what has not been completed in that part where we do have road is all of the back fill where the curbs are. That has not been done yet. Mayor Laufenburger: Are you talking about the landscaping behind the curbs? Mary Hughes: Well even just filling in with the dirt for now because you know it’s rather treacherous right along the curb in some spots. There’s still holes in different places and so we have actually had, I’m not sure any update on what they’re doing as far as sod or any of that kind of stuff so those kind of things have not been addressed or completed yet in the first phase and, I mean the first things that came to us was that our part of this project was supposed to be done in the second week of July and now we’re into October so I’m not seeing that in the timeframe anywhere. I’m just if you can address that. Mayor Laufenburger: Just a second. Were you able to be at the open house Mary? Mary Hughes: I was not. We were out of town. Mayor Laufenburger: Okay, alright. Okay. Did you have any other questions or comments? Mary Hughes: Nope, that’s it. Mayor Laufenburger: Okay. Mr. Oehme you want to speak to that update on some of the aesthetics besides the curb and the road? Paul Oehme: Exactly, yep. Thank you Mayor. So that is one thing that is a little bit delayed but it’s still looking at having that restoration done by the end of the month here. With the weather delays that we’ve had these last couple weeks it’s just been hard for the contractor to get out and place the topsoil and fill those back areas because we’re going to be tracking mud up and down the road and placing that topsoil in that muddy areas is just not very helpful I guess. So they are going to be out there this week putting the topsoil and grading in back of the curbs as well and they should be out there in the next 2 weeks too. The rest of the month actually with the restoration as well and putting the sod down this year. Mayor Laufenburger: So the contractor’s responsible for putting the sod in place and returning it to essentially the condition it was before the road was taken out, is that correct? Paul Oehme: That’s correct, yeah. Putting the topsoil back in. Filling in those divots in the area, the voids in back of the curb and then sod again as well. Mayor Laufenburger: Okay, alright. Paul Oehme: And they’re also responsible for maintaining the sod for 30 days as well. 9 Chanhassen City Council – October 9, 2017 Mayor Laufenburger: Okay, alright thank you. Is there anybody else who would like to speak at the public hearing on this project? Mary Hughes: I just had one more question. Mayor Laufenburger: Let me just ask that you come up to the microphone Mary so, your voice probably projects really well at home but not so well here. Mary Hughes: But there’s so few of us here. I just had one other question that you said that they maintain it for 30 days. Now if we’re talking like a frost or a hard freeze or any of that, does that impact this then or they’re, can this, I guess my question is, is it possible that that will be delayed until like next year? Paul Oehme: Yes. Yeah typically we maintain it for 30 days and then we’ll look at it in the spring as well too and typically we’ll have to have the contractor maintain it longer than that. Mary Hughes: Okay, thanks. Mayor Laufenburger: Okay. Todd Gerhardt: Paul there’s warranty work associated with that too. Paul Oehme: Right. Todd Gerhardt: For some reason the sod doesn’t take that we have at least a one year warranty on trees and sod. Paul Oehme: Yeah there’s some trees in the contract too that will be planted and it’s a one year warranty for the contractor to maintain those. Mayor Laufenburger: Is there anybody else who would like to speak? Alright, at this time I’m going to close the public hearing and bring it back for any further questions. Any further questions of council? Of staff? Okay Mr. Oehme. Todd Gerhardt: Mayor, council, the resolution that you were looking for on page 6 and 7 of the staff report. Mayor Laufenburger: Yes, and depending upon the action that comes here, this was made part of the packet so this was made available to the public, is that correct? Todd Gerhardt: And Paul this references your item 3? Paul Oehme: It does. 10 Chanhassen City Council – October 9, 2017 Mayor Laufenburger: Okay. Mr. Oehme, is the contractor that has done the work so far, are they the contractor that have been awarded the bid for the yellow part of the project? Paul Oehme: It is all one contract. Mayor Laufenburger: So it is one contract, okay. Paul Oehme: Correct. Mayor Laufenburger: And how do we pay them? Do we pay them on, based on milestones or work completed? Paul Oehme: Yep, work completed. So most of the items, pay items that we look at like the aggregate base that they put down or the curb and gutter, those type of things, those are all unit prices so we, after a month of work we tally up, count up, calculate how much material they’ve actually done. How much work they’ve done on site there and then pay them accordingly for that work. We always hold retainage as well. Five percent of the total contract, we would hold that until the end of the project. Mayor Laufenburger: That’s kind of like, that’s leverage we use is that correct? Paul Oehme: Just to get them back out and get things done so that’s our leverage. Mayor Laufenburger: Okay, so the same group of people will be back next spring so if there’s any work that needs to be done on the sod or any what would be described as warranty work they’d be doing that is that correct? Paul Oehme: That’s correct. Mayor Laufenburger: Okay. I want to talk about how these assessments are recorded. Now if we move forward with, oh let me back up. How many of the 59 property owners, benefiting property owners have paid their assessment already Mr. Oehme, do you know that? Mr. Gerhardt. Todd Gerhardt: Four individuals have paid off their entire assessment. Three of which are title companies. So there’s three properties that have sold during this time and then at that time the title company satisfied the outstanding amounts for the assessments. One property owner did pay off their entire assessment out of the four. So three by title companies, one by a resident. Mayor Laufenburger: So if we were to pass the resolution the way it was, the way it’s been identified, what do we do with those people that have essentially already paid their assessments? 11 Chanhassen City Council – October 9, 2017 Do we keep it? Do we return it to them? I know this is minutia but I’m interested in hearing how we handle this. Todd Gerhardt: Well from a staff perspective we would contact the one property owner that has paid their assessment and rebate them back their assessment for one year. Mayor Laufenburger: Okay. Todd Gerhardt: And then as to the 3 individuals that settled as a part of the sale of the property, it would be staff’s recommendation not to get involved with those 3 individuals. Mayor Laufenburger: So in other words we just, we would, essentially we would keep that. Put that money in the fund that would be used to pay for this. And of course that eventually that assessment then would not be recorded with the county because we don’t need the county to collect that money, is that correct? Todd Gerhardt: Correct. It was totally paid off at the time of sale. Mayor Laufenburger: Now the assessment was not yet issued. How is it that the title company knew to collect that money? Todd Gerhardt: Title companies call us. Well they should call about sewer and water bills too but sometimes they don’t and, but they call about existing assessments and any pending assessments when they do a title search. Mayor Laufenburger: Okay. Todd Gerhardt: So they contact our finance department to see if there’s any pending or existing assessments. Mayor Laufenburger: Okay. So essentially what you’re saying is if any of these 59 homes are sold within the next period of time a title search would find oh, there’s some assessments that would be due on this property. Todd Gerhardt: Yes. If the title company calls. Mayor Laufenburger: Okay. If they don’t call? Todd Gerhardt: Then it’s an issue usually between two property owners. Mayor Laufenburger: Okay, alright. Let’s see. Any other questions, comments, or is anybody would like, anyone like to make a motion this evening? 12 Chanhassen City Council – October 9, 2017 Councilwoman Tjornhom: I’ll make a motion. Mayor Laufenburger: Councilmember Tjornhom, go ahead. Councilwoman Tjornhom: I’d like to make a motion that the City Council adopts the supplement to the assessment roll and resolution for the Minnewashta Manor Street and Utility Improvement Project number 16-01. Mayor Laufenburger: Okay. We have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Okay, any further discussion? Councilwoman Ryan: Mr. Mayor? Mayor Laufenburger: Councilmember Ryan, go ahead. Councilwoman Ryan: Yeah I would just like to commend Nicole and your neighborhood for coming, and I know Mary you did this at this last meeting but again for just coming prepared and asking the right questions and challenging when challenging needed to take place and I just appreciate that your participation and all of your neighborhood’s participation in this process so I just wanted to acknowledge it and tell you thank you. Nicole Nejezchleba: Thank you. Councilwoman Ryan: That’s it, thank you. Mayor Laufenburger: Alright thank you council member. I would, I do want to just restate this for the record. I’m reading from the resolution so that you understand what we’re about to pass here. The resolution includes that the interest accrued on the assessments prior to this resolution will be cancelled. Now we’re saying that because didn’t we previously say that interest would nd accrue on October 2? Paul Oehme: We did. Mayor Laufenburger: Is that correct? So we’re wiping out that interest. The amended assessments, a copy of which is attached and made part hereof is hereby accepted and shall constitute the special assessment against the land. We’re simply saying that what’s attached here is the assessments. And then we’re also saying that we are extending this period of, for 10 years. Now wouldn’t we normally extend that payment for 8 years Mr. Oehme? 13 Chanhassen City Council – October 9, 2017 Paul Oehme: Our practice has been for assessments for 10 years for reconstruction projects and then for the rehabilitation projects those are 8 years. Mayor Laufenburger: Okay, alright. And again we identified the interest amount. Prime plus 2, is that correct? Okay. See if there’s anything else. Okay, I think that’s it. st Todd Gerhardt: October 1 of 2018 would be the assessment hearing date. Mayor Laufenburger: Right, so we will have another assessment hearing on October, I don’t think we need to, no. It’s just saying that’s when interest begins to accrue. Todd Gerhardt: Oh, interest. Mayor Laufenburger: So we will, and of course anybody, anybody who wants to pay their assessment prior to us reporting it to the county they’re welcomed to do that and they should do that no later than? st Paul Oehme: October 1. Mayor Laufenburger: 2018. Okay, I just wanted to clarify that. Alright there being no further discussion all those in favor of the motion to adopt the supplement to the assessment roll as stated in the motion please signify by saying aye. Resolution #2017-65: Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the Chanhassen City Council adopts the resolution amending the assessment roll for the Minnewashta Manor Street and Utility Improvement Project No. 16-01. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Mayor Laufenburger: Thank you very much council. I’ve just got to get my technology in order here. Okay. That concludes our business for this evening. COUNCIL PRESENTATIONS. Mayor Laufenburger: Is there any council presentations? Actually I would like to take this time to engage in some conversation with city staff. Mr. Knutson, I need your good counsel on this okay. This issue that was raised during visitor presentations last week and then also this week, I just need some clarification on this. Mr. Knutson are you familiar with the facts or the information presented related to the statements made by Mr. Ernst and associated citizens last week? Are you familiar with that? Roger Knutson: Yes Mayor I am. 14 Chanhassen City Council – October 9, 2017 Mayor Laufenburger: Okay. In your judgment has there been any illegal activity on the part of either party or any parties in this situation or the circumstance? Roger Knutson: None that I’m aware of Mayor, no. Mayor Laufenburger: Okay. Is there a process Mr. Knutson, statutorily is there a process whereby a member of a City Council can be removed from office? And if so for what reason? Roger Knutson: There are a number of situations under which a councilmember can be removed. None of them have anything to do with anything that’s been discussed. Mayor Laufenburger: Okay. Roger Knutson: There’s, I won’t read you the whole list but for example. If you don’t attend a city council meeting for 90 days for any reason the council can say you’re off the council. But then if you return, like you were in the hospital or something like that, and then if you return after 120 days or after whenever then you get reinstated. Or if you’re violated in 3 separate civil lawsuits of violating the open meeting law you can be removed. And there are a number of other items. The most common one I guess would be when a council member leaves the city permanently. Mayor Laufenburger: So if their residence changes outside of the city. Roger Knutson: Yes, if you decide to move to Florida you can’t be at your new residence, you can’t be a member of the City Council any longer. Mayor Laufenburger: Okay. Are there some elected officials that can be removed from office? Is that statutory? Roger Knutson: It’s both statutory and Constitutional. Mayor Laufenburger: Okay. Roger Knutson: State legislators, the Governor, Secretary of State, State Auditor, Attorney General, District Court Justices, Supreme Court Justices. There’s a list in the Constitution of things that, for which you can removed or impeached. Mayor Laufenburger: Okay. Alright, well I want to speak to this just a little bit. I think it’s important to recognize that we as a city council and my role as mayor is to enforce what I would consider civil dialogue in this council chambers. Unfortunately I am not responsible for any citizen’s actions, with the exception of criminal activity. I can’t mandate how people behave outside of these council chambers when they’re acting in non-official or non-public capacity. I make no judgment, personal judgment on how people behave themselves in their own lifestyle. 15 Chanhassen City Council – October 9, 2017 But I think that actions in a council meeting are certainly my responsibility and I have an obligation and a responsibility to take steps that I can to ensure that the dialogue, the manner in which arguments are presented inside this council chamber are honorable to both the chamber and to the people present and I recognize that there are times that people’s actions, their passion falls outside of that reasonableness. I can’t change history. I can only attempt to influence what the future looks like. I think it’s a privilege to have a voice in this chamber, whether you’re an elected public official. Whether you’re staff or whether you’re a visitor and I would hope that at any point in the future all citizens and all people serving the public would regard that as an important roll to disagree but not be disagreeable. I don’t think rude is an argument. I don’t think boorish behavior is an argument. I honor passion and conviction but I also honor and respect people who treat others respectfully and I’ll just leave it at that. ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Any administrative presentations Mr. Gerhardt? Todd Gerhardt: I’ve got a couple for the council. Lieutenant Kittelson, our Community Development Director Kate Aanenson and myself are going to sit down with the Autoplex President here tomorrow afternoon to talk about events that the Autoplex puts on. We have a permitting process. We expect them to follow what they put in the permit. Sometimes it gets out of their control on number of people that participate in their open houses. Their forums. Their events and so when that happens we try to sit down with the individual and talk about what measures we can take to keep it orderly and the Autoplex did hold another event several weeks ago where we had illegal parking. Speeding. Demonstrations of what people’s automobiles can do from squealing tires, acceleration, a variety of things but similar to any other special event, we like to sit down with the organizers and see what we can do to have a safe, organized event that doesn’t infringe on surrounding property owners and neighborhoods so I just wanted council to know that that meeting will be held tomorrow. And I also have. Mayor Laufenburger: While you’re looking for that could you, can you or Mr. Oehme speak to Powers Boulevard opening into Excelsior? th Todd Gerhardt: I can speak to that. The date has still stayed the same. October 13. I know it seems. Mayor Laufenburger: A lot of people in Excelsior want to come to Chanhassen, you know that right? Todd Gerhardt: And vice versa I think. Mayor Laufenburger: Sharing commerce, exactly. 16 Chanhassen City Council – October 9, 2017 Todd Gerhardt: Especially if they have kids in the school district. And then I also have this week City Administrators meeting. It’s going to be held in Chanhassen where all the Carver County administrators get together and share our thoughts and usually there’s a topic or we talk generally of what’s going on in each community so, and that will be this Thursday. And then Kate will be representing city staff this coming Friday at the Community Leaders Meeting 112 in Carver. Carver will be presenting their comp plan is why Kate is attending to hear their summary of their Comprehensive Plan and also to tour the new elementary school in Carver that just opened. Mayor Laufenburger: Alright. Todd Gerhardt: And that’s all I have. Mayor Laufenburger: Okay. CORRESPONDENCE DISCUSSION. None. Councilwoman Ryan: Mr. Mayor if I, I don’t have a question on the. Mayor Laufenburger: Councilmember Ryan go ahead. Councilwoman Ryan: Thank you. I don’t have a question on the correspondence packet but just to follow up in your statements. Mr. Knutson and I will also ask your legal opinion or if there is, is there any code of conduct or ethics that the City does post? Or I know that there’s something on the League of Minnesota Cities guidelines there but, I mean are there, if visitors or people are curious about what they can expect is there something that we should make available or have available? Roger Knutson: Mayor, members of the council. To the best of my knowledge the council has not adopted a Code of Ethics or anything like that. Most, very few cities have. The mayor runs the meeting and tries to maintain decorum but as far as an ordinance or a policy that the City’s adopted, I’m not aware of it. Maybe Todd is. Todd Gerhardt: No. I think we had a practice that was deemed childish I think is the best way to put it and council never did adopt it. It came from somebody’s kindergarten class of how they were going to act. We’ve got adults in here and act like adults so. Mayor Laufenburger: Any other comment? Councilwoman Ryan: Nope, just wanted to ask. Mayor Laufenburger: Alright, can I have a motion to adjourn? 17 Chanhassen City Council – October 9, 2017 Councilwoman Ryan moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 3 to 0. The City Council meeting was adjourned at 7:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 18