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CC SUM 2021 11 08CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 8, 2021 Mayor Ryan called the meeting to order at 7:02 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, and Councilwoman Schubert. COUNCIL MEMBERS ABSENT: Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Kelly Strey, Finance Director; Kate Aanenson, Community Development Director; Charlie Howley, Public Works Director/City Clerk; Jerry Ruegemer, Park & Recreation Director; George Bender, Assistant City Engineer; Don Johnson, Fire Chief; Andrea McDowell Poehler, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Representative Kelly Morrison Mack Titus, 2747 Century Trail David Gatto, 9631 Foxford Road Mayor Ryan noted Thursday, November 11 is Veterans Day and on behalf of City Council she thanked all of the U.S. servicemen and servicewomen who have served and are currently serving, noting they are heroes. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Campion moved, Councilwoman Schubert seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council minutes dated October 25, 2021 2. Receive Park & Recreation Commission Minutes dated September 28, 2021 3. Approve Claims Paid November 8, 2021 4. Resolution 2021-66: Authorize Contract for 2021 Stormwater Pond Maintenance Project 5. Approve a Request for an Interim Use Permit (IUP) for Grading in Excess of 1,000 Cubic Yards for the Creation of a Berm on Property Located at 9631 Foxford Road City Council Minutes – November 8, 2021   2    6. Assignment of Development Contract for Lotus Woods 7. Authorize Execution of Stormwater Maintenance Agreement for Lot 2, Block 1, Crossroads of Chanhassen Development 8. Approve the Park & Recreation Program Severe Weather Guidelines, Updated October 2021 9. Approve Letter of Support for University of Minnesota Landscape Arboretum "Farm at the Arb" Parking Expansion Project All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: 1. Representative Kelly Morrison Representative Kelly Morrison provided a session update, noting the State has endured challenges. During these partisan times, Minnesota has crafted a bipartisan compromise budget in each of the past two sessions and they have done it as the only divided legislature in the country. Highlights of the budget focused on Covid and recovering from the impacts of the pandemic on the economy, small businesses, and people. She stated ultimately, the House, Senate, and the Governor came together to craft Minnesota’s $52 billion budget. Higher revenues than expected and some federal money made some of this possible. Representative Morrison gave highlights of some of the Omnibus bills, noting she served on two health committees. She gave summaries on bills affecting health and human services in the State, including dental reform, enhanced asthma services, homelessness and recuperative care, youth tobacco use prevention, telehealth, expanded access to those geographically isolated, and mental health services. In terms of K12 education, the final bill included 2.45% and 2% increases in the general education formula over the next two years and made one of the largest funding increases for public education in almost two decades. She shared the public safety and judiciary bill were combined into one and attempted to strike a balance between addressing police accountability while ensuring adequate funding so law enforcement can do its job well, and protecting those most impacted by the criminal justice system. Representative Morrison shared about other bills including environmental, food packaging, emerald ash borer management, aquatic invasive species, the lawns to legumes pollinator program, investments to support veterans and preventing suicide and homelessness, restorative justice, and significant Covid and economic relief for essentials workers and businesses hit hard by the pandemic. Finally, she said the tax bill included $1 billion in tax cuts and relief. Representative Morrison noted local projects she was involved in including the Excelsior Commons Restoration, critical water infrastructure needs in Tonka Bay and Minnetonka Beach, funding to Spring Park for critical water infrastructure, and Deephaven to repair a dangerous bridge. She is pleased that the bill to provide funding to address the problematic and dangerous intersection at the entrance to Minnetonka Middle School West (MMW) went through as a grant to Carver County to help rebuild a much-needed roundabout for pedestrian, bike, driver safety, and easing of backups that occur at drop-off and pick-up time. Representative Morrison stated it is an honor to represent the District in the House and asked City Council Minutes – November 8, 2021   3    people to please contact her with any problems, and asked the City Council what their needs are right now. Mayor Ryan thanked Representative Morrison for the work she has done for the local and regional areas. Councilwoman Rehm thanked Representative Morrison for the work on the MMW roundabout noting the City Council gets many emails about traffic safety and a number of residents have been concerned about the Minnewashta Parkway temporary traffic light and the Highway 101 flashing light crosswalk. She asked if Representative Morrison receives emails from constituents about those areas and if the legislature is working on ways to make the City more walkable, bike- able, and safer for them. Representative Morrison replied she does get a lot of emails from across the District regarding traffic safety and Highway 101 and Highway 7 are big areas of concern. She noted many areas are interested in walkability and bike-ability; she is very hopeful that the federal infrastructure package that recently passed will help to make those improvements as Minnesota will get funding. She will be advocating for specific projects and asked the City Council to talk to her offline about those projects the City Council would like to see. Ms. Morrison is planning a town hall meeting on November 20, 2021 at 10:00 a.m. and it will be a water-policy theme. Mayor Ryan asked some of Representative Morrison’s goals going forward. Representative Morrison replied traditionally the second year is the bonding year so there will be a big emphasis on crafting a bipartisan bonding bill. She noted it will be interesting to see how the influx of federal money will impact that. Mayor Ryan said although it is not in Representative Morrison’s district, during the bonding tour there was a stop at the crossroads of 82nd Street for Chanhassen, Chaska, and Victoria. It is on the south side of the Arboretum and they are looking for a road reconstruction as the long-term plan for Highway 5; the only alternative route is 82nd Street. Mayor Ryan asked Representative Morrison for support in funding for 82nd Street, noting there are no funds in Chanhassen to support that type of infrastructure. She noted both Representative Boe and Senator Coleman have been involved in the tour. Mayor Ryan asked if anyone else would like to present. 2. Mack Titus, 2747 Century Trail – Citizen Action Request Mack Titus lives in Arboretum Village and stated buying a home within a community is to invest in that community with the expectation that the Public Works Department and Building Department will conduct professional inspections, in particular of roofing, siding, and driveways. He stated Chanhassen is the fourth community in which he has purchased a home; the first two conducted professional inspections, the third did not, and in his experience to date in Chanhassen, it does not conduct professional inspections. The Public Works Department does City Council Minutes – November 8, 2021   4    not have inspection reports for original or rebuilt driveways for Arboretum Village. Some of the driveways were excluded by ordinance, others were excluded by a public works right-of-way policy that reduces a portion of the driveway eligible for inspection to a small fraction of its length. In Mr. Titus’ case Public Works excludes 31-33 feet of driveway, leaving just two feet eligible for inspection. The building department allowed the Arboretum Village developer to install water dams on the rear roof to channel water away from falling onto a deck. The water dam moved the water to a corner of the building where it cascaded down onto Mr. Titus’ air conditioner; he installed gutters within weeks. Mr. Titus noted the building department did conduct inspections this year of the new roofs installed in Arboretum Village and there were two men taking photos of roofs from street level, but he did not see them go onto the roofs to inspect materials or construction. Mission statements implemented by prior City Councils have permitted slack inspections and Mr. Titus is asking this City Council to restore meaningful inspections by the Building and Public Works Departments. PUBLIC HEARINGS: 1. Resolution 2021-67: Approve Phase 2 Assessment Roll for the Minnewashta Parkway Improvement Project Assistant City Engineer George Bender gave a presentation on the Minnewashta Parkway Rehabilitation Project Assessment Hearing for Phase 2, noting the asset management of the street and utilities is part of the Chanhassen Strategic Plan. It has been a complex project and included a temporary signal at Trunk Highway 5 in association with Phase 2 construction. He showed a map showing Phase 1 and Phase 2, noting 37 properties were assessed. He said assessments are part of the City’s financial sustainability among other sources of funding for these types of projects; he showed the City’s Assessment Practice on screen, including “benefitting properties.” Mr. Bender explained the bid results and amounts for the project, including the budgeted funding of Municipal State Aid Funds, surface water utility fund, sewer utility fund, water utility fund, and special assessments for a total of $5,254,000. Mr. Bender noted it was a rehabilitation project and not a full reconstruction project which would have driven costs and assessments up significantly. He spoke about the special assessment calculation stating historically within Chanhassen the assessment costs range from $3,000-$5,000 and this project cost came in at $4,080. Mr. Bender walked through adjustments made to the overall bid cost to maintain an equitable assessment amount for the residents. Mr. Bender gave an update regarding the temporary signal at Highway 5, noting the City continues to advocate for the signal to remain until the Highway 5 expansion project begins. The City has received significant support from Carver County and local elected officials, as well as the City of Victoria. Mr. Bender noted recent discussions have been encouraging and Staff remains hopeful that MnDOT will accede to allow the signal to remain until the Highway 5 expansion project is constructed; however, a decision has not been made at this time. The City Council asked some clarifying questions regarding the tonnage of the road, speed and traffic control, and traffic calming. City Council Minutes – November 8, 2021   5    Mayor Ryan made a formal request to the Traffic Safety Committee to collect speed data on that road. Mayor Ryan opened the public hearing. Mayor Ryan closed the public hearing. Councilman Campion moved, Councilwoman Schubert seconded that the Chanhassen City Council adopt a resolution approving the Phase 2 Assessment Roll for the Minnewashta Parkway Rehabilitation Project. All voted in favor and the motion carried unanimously with a vote of 4 to 0. GENERAL BUSINESS: None. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. CORRESPONDENCE DISCUSSION: 1. Letter from Metropolitan Mosquito Control District dated October 15, 2021 Summarizing Work Done in the Chanhassen Area during the 2021 Mosquito Control Season 2. 2021 Building Permit Activity October Year to Date Mayor Ryan clarified the City Council will continue the Work Session with the remaining items. Councilwoman Schubert moved, Councilman Campion 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 7:48 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk