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CC SUM 2018 11 26 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES NOVEMBER 26, 2018 Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was started with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Greg Sticha, and Roger Knutson PUBLIC PRESENT: Norma May 2050 Clover Court Nicole Nejezchleba 4150 Red Oak Lane Judy Wollan 7972 Autumn Ridge Way Suzanne Flake 7973 Autumn Ridge Way Chad Herman 4150 Red Oak Lane Jim Cradit 8469 Powers Place Tim Crain 1956 Andrew Court Sue Pekarna 2090 Clover Court T. Kroells 1071 Chaparral Court Joel Nybeck 7404 Frontier Trail Mack Titus 2747 Century Trail Steven Brown 6330 Elm Tree Avenue Julia Coleman 434 Mission Hills Way East Bob Heise 8591 Flamingo Drive Joel & Sharon Dudziak 8557 Powers Place Gloria Leone 8584 Powers Place Carole Fandrey 8186 Powers Place Dick Brown 263 Orchard Lane Mary Ann Carr 8547 Powers Place Julie Skoog 2400 Harvest Way Cheryl Yoes 7861 Autumn Ridge Avenue Carrie Barclay 6545 Gray Fox Curve Kauthar Al-Mottahar 9570 Jefferson Drive #2 Barb Youngburg 2035 Chicory Way Charles Johnson 6970 Nez Perce Drive Gerald Schmitz 6360 Forest Circle Charlie Pickard 1215 Lilac Lane City Council Summary November 26, 2018 Bill Coldwell 3501 Shore Drive George Prieditis 7401 Frontier Trail Craig Mertz P.O. Box 261, Chanhassen Dave Nickolai 552 Mission Hills Drive Randy Raddatz 6340 Elm Tree Drive Steve Stamy 491 Bighorn Drive Larry Kerber 6420 Powers Boulevard Charles Littfin 7609 Laredo Drive PUBLIC ANNOUNCEMENT: Mayor Laufenburger read an invitation to the Tree Lighting st Ceremony being held on December 1 at City Center Park. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Ryan seconded to recommendations: 1. Approve City Council Minutes dated November 13, 2018 2. Receive Park and Recreation Commission Minutes dated October 23, 2018 3. Resolution #2018-56: Certify Water Hook-Up Charges 4. Pulled by Councilwoman Ryan for discussion. 5. Tort Liability Limits 6. Approve Geotechnical Consultant Contract for TH 101 Improvements, Pioneer Trail to Flying Cloud Drive All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Chief Don Johnson invited Joe Brennan, his wife Rochelle and two sons to join him where he presented Rochelle with flowers, Joe Brennan with a signed black helmet and axe while reading his list of accomplishments during 20 years of service on the fire department. Mack Titus, 2747 Century Trail provided an article from the Washington Post regarding police dealing with mental health issues, complimented the City on the publication of the Chanhassen Connection, and complimented Mayor Laufenburger on his professional handling of meetings. Robert Heise, 8591 Flamingo Drive expressed concerns with short term rentals associated with Airbnb and VRBO. There was a short recess at this point in the meeting. 2 City Council Summary November 26, 2018 FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Chief Don Johnson presented the statistics for staffing, calls for service, training, and special events. Lt. Eric Kittelson presented the monthly numbers for calls for service, training, and community relations update. Councilwoman Ryan asked about mental health crisis training for law enforcement. CONSENT AGENDA: 4. LAKE DRIVE EAST STREET IMPROVEMENT PROJECT NO. 18-02: ACCEPT FEASIBILITY STUDYL; CALL PUBLIC HEARING. Councilwoman Ryan asked that this item be pulled from the consent agenda to request an alternative bid. Resolution #2018-57: Councilwoman Ryan moved, Councilman Campion seconded that the City Council accepts the feasibility report adding alternative bids for the Lake Drive East Street Improvement Project 18-02 A, B, and C, and calls for the public hearing to be held on December 10, 2018. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REVIEW FINAL DRAFT OF 2040 COMPREHENSIVE PLAN. Kate Aanenson presented the staff report on this item. Councilwoman Ryan asked for clarification of traffic and housing numbers. PUBLIC HEARING: CONSIDER FRANCHISE AGREEMENT ORDINANCES AND FRANCHISE FEE ORDINANCES. Paul Oehme and Greg Sticha presented the staff report on this item. Mayor Laufenburger opened the public hearing. Craig Mertz, P.O. Box 216 and an attorney explained that impossible for the public to expect that the City is going to come up with a formula for spreading the pavement management program costs that is going to be fair to every property owner in the city. Dick Brown, 2630 Orchard Lane asked if he has to pay for the street assessment for Orchard Lane plus a franchise fee. Dave Nickolai, 552 Mission Hills Drive, representing the Mission Hills Garden Home Association, stated they are not opposed to a franchise fee but believe a compromise needs to be worked out with those people living in neighborhoods that maintain their own private streets. Tim Crain, 1956 Andrew Court, also living in an association with private streets, asked that they get a fair share of the franchise fee taking into account they do not live on streets owned and maintained by the City of Chanhassen. Charles Littfin, 7609 Laredo Drive asked if the council has taken into consideration people who have been assessed for street projects be excluded from a franchise fee. Randy Raddatz, 6340 Elm Tree Drive explained that the new proposed franchise fee opens up all kinds of issues and concerns, taxpayers paying for tax exempt organization to cover the franchise fees, and his belief of not giving money to government up front and saying trust me. Nicole Nejezchleba, 4150 Red Oak Lane expressed concern with the percentages between commercial and residential properties and voiced belief that the percentage should be the same for both. Cheryl Yoes, 7861 Autumn Ridge Avenue and secretary of her townhome association, explained how their association runs a tight 3 City Council Summary November 26, 2018 financial budget to take care of their private roads and properties. Charlie Pickard, 1215 Lilac Lane stated he felt like the residential franchise fee was regressive and would impact low income housing units. Steve Brown, 6330 Elm Tree Avenue discussed how road use in the future may change and would favor paying as needed. Sue Pekarna, 2090 Clover Court reiterated the concern about living on a private road within an association and that the council reconsider the percentages between residential and commercial. Chad Herman, 4150 Red Oak Lane asked for clarification on what is being proposed with assessments and franchise fees, that this issue is self inflicted because the City picked an arbitrary PCI number of 70 and his belief that the PCI number could be lower. He believes the City does not need to impose the franchise fee and needs to tighten their belt. Bill Coldwell, 3501 Shore Drive voiced his support for the franchise fee because the City does not want to let the PCI index drop too low. Steve Stamy, 491 Bighorn Drive explained that the City can change the use for franchise fees in the future without notifying citizens and asked if the formula for assessments will change in the future. Larry Kerber, 6420 Powers Boulevard explained that because he lives on a county road his belief that he will not benefit from the use of franchise fees on local city streets. Jim Strommen, an attorney with Kennedy and Graven in Minneapolis, explained that the franchise fee process is regulated by the Minnesota Public Utilities Commission and discussed the regulations covering collection of franchise fees by cities from utility companies. Mayor Laufenburger closed the public hearing. After comments from council members it was the consensus of council not to take action on this matter at this time. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. Mayor Laufenburger reminded people of the Truth in Taxation hearing being held on Monday, December 3, 2018. CORRESPONDENCE DISCUSSION. None. Councilwoman Tjornhom moved, Councilman Campion 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 9:50 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 4