CC SUM 2019 10 28CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 28, 2019
Mayor Ryan called the meeting to order at 7:05 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman
McDonald, and Councilman Campion
COUNCIL MEMBERS ABSENT: Councilwoman Coleman
STAFF PRESENT: Todd Gerhardt, Jake Foster, Roger Knutson, Greg Sticha, George Bender,
Bruce Loney, Chief Don Johnson, and Lieutenant Lance Pearce
PUBLIC PRESENT:
Larry Koch 471 Bighorn Drive
Alan Nikolai 6570 Galpin Boulevard
Jim G 3611 Ironwood Road
Joe Green Minnesota Valley Electric Coop
Dana and Mary Johnson 6671 Minnewashta Parkway
Craig Mertz 8561 Osprey
PUBLIC ANNOUNCEMENTS. None.
CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated October 14, 2019
2. Receive Park and Recreation Commission Minutes dated September 24, 2019
3. Receive Planning Commission Minutes dated October 1, 2019
4. Receive Environmental Commission Minutes dated September 11, 2019
5. Approve Contract Amendment for Kimley-Horn for Minnewashta Parkway Project
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
City Council Summary – October 28, 2019
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VISITOR PRESENTATIONS. Larry Koch, 471 Bighorn Drive asked the City Council to
consider proposed amendments to the Chanhassen city ordinances pertaining to surface water
regulations, specifically to lower the slow no wake level to 895.8 feet on Lotus Lake and
implement further restrictions. He asked that the City do a better job of cleaning leaves off of
city streets, and concurred with the request to clean up the property at 510 Bighorn Drive. Ann
Miller, 6561 Fox Path expressed concern about comments made by Dr. Dennis Petersen,
Superintendent of Minnetonka School District that the district cannot rely on resident only
students but needed open enrollment, and would like a refund on her taxes if the franchise fee
passes.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Lt. Lance Pearce presented the
monthly statistics for September, discussed community engagement programs such as the Citizen
Academy, Coffee with a Cop, training, and staffing. Mayor Ryan asked Lt. Pearce to provide the
non-emergency phone number for Carver County Sheriff’s Office which is 952-361-1231. Chief
Don Johnson presented monthly numbers for September regarding staffing, calls for service,
training, and open house activities.
PUBLIC HEARING: MINNEWASHTA PARKWAY REHABILITATION PROJECT
NO. 20-20: ORDER PROJECT AND AUTHORIZE PREPARATION OF PLANS AND
SPECIFICATIONS.
George Bender presented the staff report for this item. Councilwoman Tjornhom asked about
plans to upgrade the intersection of Highway 5 and Minnewashta Parkway. Councilman
McDonald asked for clarification of funding for this project as council members have been
receiving emails citing the unfairness to residents along the road. Mayor Ryan asked for
clarification of the traffic calming measures planned during construction, how the City will
address those safety concerns, and clarification of the Parkway designation. Mayor Ryan opened
the public hearing. Larry Koch, 471 Bighorn Drive encouraged city staff to really look at the
storm water capacities along Minnewashta Parkway, and asked for clarification on the difference
in cost between constructing a 7 ton versus a 10 ton design roadway. Mayor Ryan closed the
public hearing.
Resolution #2019-51: Councilwoman Tjornhom moved, Councilman McDonald seconded
that the City Council adopts a resolution ordering the project and authorizes preparation
of plans and specifications for the Minnewashta Parkway Rehabilitation Project No. 20-02.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
PUBLIC HEARING: CONSIDER FRANCHISE AGREEMENT ORDINANCES AND
FRANCHISE FEE ORDINANCES.
Greg Sticha presented the staff report on this item. Councilwoman Tjornhom asked if future city
councils could change the use of franchise fees to fund items other than road projects. Greg
Sticha explained that the current City Council cannot bind future city councils on the use of
City Council Summary – October 28, 2019
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franchise fees. Mayor R yan opened the public hearing. Craig Mertz, 8561 Osprey Lane voiced
his support for the franchise fee ordinances. Alan Nikolai, 6570 Galpin Boulevard asked if it
was possible to do a two tier taxing levy, commercial at a higher rate than residential before
explaining that he has a problem with instituting a flat fee of $5 per home regardless of it’s
value, and a problem with shifting funds from the library fund to the street fund. He stated he
does not support the franchise fee and feels that the issue should be decided by the voters in a
referendum. Larry Koch, 471 Bighorn Drive explained his belief that a franchise fee is the most
regressive tax you can possibly have and has the most significant impact on low and fixed
income people. He explained that he does not approve of taking money that was approved for a
library and all of a sudden shifting it to another purpose, explained that he does not think the City
is raising enough money citing the condition of Frontier Trail which is not scheduled to be
addressed in the 5 year plan, and issues with storm water drainage affecting the water quality of
Lotus Lake. Ann Miller, 6561 Fox Path asked if the City has considered the use of toll roads in
Chanhassen, and would like to see more roundabouts. Mayor Ryan closed the public hearing.
After comments from council members the following motion was made.
Councilman McDonald moved, Councilman Campion seconded that the City Council
adopts the attached franchise agreement ordinances and franchise fee ordinances. All
voted in favor, except Councilwoman Tjornhom who opposed, and the motion carried with
a vote of 3 to 1.
PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER
ACCOUNTS TO THE COUNTY AUDITOR.
Greg Sticha presented the staff report on this item. Mayor Ryan opened the public hearing. No
one spoke and the public hearing was closed.
Resolution #2019-52: Councilman Campion moved, Councilman McDonald seconded that
the City Council adopts a resolution certifying delinquent utility accounts to the County
Auditor. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS. Councilman McDonald provided an update on a conference
he attended regarding the future of public transportation using electric vehicles.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION. None.
Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the
meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The
City Council meeting was adjourned at 9:20 p.m.
Submitted by Todd Gerhardt, City Manager Prepared by Nann Opheim