CC Minutes 10-11-04
City Council Meeting - October 11,2004
Councilman Ayotte: Yep.
Mayor Furlong: No, this is solving a problem so that's good. With that is there a motion
to approve.
Councilman Ayotte: Motion to approve.
Mayor Furlong: Motion's been made. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Resolution #2004-73: Councilman Ayotte moved, Councilman Lundquist seconded
to award the construction contract for the Country Oaks Drainage Improvement
Project SWMP 12-BB to Kusske Construction Company in the amount of
$18,450.00. All voted in favor and the motion carried unanimously with a vote of 4
to O.
CONSIDER RESOLUTION FOR ENVIRONMENTAL CLEAN-UP. MOON
VALLEY.
Kate Aanenson: Thank you. At your September 27th meeting you did approve the
Interim Use for the Moon Valley site. That'd be the lower area that provided a long term
grading plan to get the site cleaned up and ready for development as it comes towards the
MUSA. The applicant, Pemtom Development is going for a Department of Economic
Development grant for clean-up. Maximum amount that they are eligible for is $50,000.
As we indicated with the interim use permit, we did require that they also do
environmental review and we know that there's some lead out there from the shooting
range, so this money that they're pursuing is in order to clean up that site. We are the
pass through agency. The City of Chanhassen. That's why you're required to approve a
resolution. There is a match required by the city. Certainly as a pass through agency
we're going to put together a separate agreement of responsibility back to the developer
of their obligation. Our matching and then indemnification for clean-up, so before any
pass through would occur, first of all they have to secure the grant. Then second of all,
we would require that there be a mutual letter of understanding or indemnification on the
city's responsibility for any claim and also our match on there before we would approve
or authorize any... So we certainly don't want to increase our liability on that. So with
that we are asking that you approve the resolution included in your packet and I'd be
happy to answer any questions that you have.
Mayor Furlong: Thank you. Questions for staff.
Councilman Labatt: Kate, risk to the city. We've served as a pass through agents before
on different things. Risk exposure.
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City Council Meeting - October 11,2004
Kate Aanenson: I'm not aware. Maybe I'll let the city attorney.
Councilman Labatt: Roger.
Roger Knutson: Members of council, I don't believe there would be any. We're not an
owner and we are not someone who's contributed to it. We're a funder. A pass through
funder and we will have an agreement with them if you in fact do get the grant, requiring
them to hold us harmless and indemnify us if there's anything so I don't anticipate any
issues.
Mayor Furlong: That would hold us harmless on any liability, right?
Roger Knutson: That is correct.
Mayor Furlong: But that memorandum of understanding would also include
reimbursement of any funds.
Roger Knutson: Or match, yes.
Mayor Furlong: Or match, yes. Okay. And that's legal and authorized under the statutes
to be reimbursed?
Roger Knutson: Sure.
Mayor Furlong: Okay. Alright. Any other questions? Yeah, no. I'll bring it back to
council for comments, if there's any.
Councilman Lundquist: My shooting range is getting farther and farther away.
Mayor Furlong: Yes it is. Every single meeting.
Todd Gerhardt: Now they go back to the generators of that too. Whoever generated that
lead, they go back to them.
Councilman Lundquist: " .can prove that.
Todd Gerhardt: CSI right?
Mayor Furlong: No, this is good. It keeps the process moving forward. Sorry. But with
that is there a motion to approve. It's my sense there will be.
Councilman Labatt: Move approval.
Mayor Furlong: Is there a second?
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City Council Meeting - October 11, 2004
Councilman Ayotte: Second.
Resolution #2004-74: Councilman Labatt moved, Councilman Ayotte seconded to
approve the resolution for the funding request for the Moon Valley Contamination
Clean-Up Grant. All voted in favor and the motion carried unanimously with a vote
of 4 to O.
Mayor Furlong: Let the minutes show that Councilman Lundquist did vote in favor of
that motion.
COUNCIL PRESENT A TIONS:
Mayor Furlong: We talked earlier about the President's visit so I don't think we have to
repeat that but boy, what a wonderful day the City of Chanhassen shown in the best we
could and we should all be proud. Not only the staff, city and county level, but our
residents too. I mean it was just, it could not have been more perfect. And obviously my
proclamations with regard to weather are adhered to so that's important. Any other
council discussions?
ADMINISTRA TIVE PRESENT A TIONS:
Todd Gerhardt: I kind of gave my speech earlier on the President's visit. Again I can't
thank the County and all the other agencies that helped us with that whole process. And I
think the greatest thing is that we built relationships there. And when I say relationships I
mean personal relationships. You spend so much time with people every day up to 3 to 4
hours, 4 or 5 days in a row, you get the read on people's personalities and things like that
and they all blended together. And so when that incident does occur in Chanhassen, I
don't see any issues. I mean everybody worked together. Nobody was trying to be king
pin on this and saying I'm in control here or anything like that. You know everybody
knew what their roles and responsibilities were. I went through an agenda every day and
we start out with parking. Then we went to the sheriff's office. School district 112 was
heavily involved. They were at everyone of our meetings last week because we utilized
a lot of their facilities. The elementary school. Bluff Creek Elementary School for
parking. We had our street department put out over 500 no parking signs throughout the
residential area. Parks did a great job of laying out parking, temporary parking lots at
Lake Ann Park and the ballfields and the soccer fields. Minimal damage to the fields.
We know we got some sprinkler heads busted and some gate valves probably cracked but
can probably fix those with, in a short period of time. Worked with the vendors, Secret
Service. I don't know if you knew but John Kelly who does a lot of our real estate
dealings out of Roger's office, son was the second in command in the Secret Service
detail here in Chanhassen so it was nice getting to know him and hearing some good
stories about his dad. That we can use against him. Fire department. You know they
had their own operational plan that they put together and they were very well organized
and Chief Geske's got a great crew over there and they all work well together. We
brought Bruce in. Bruce tracked financing. We put time cards together for how much
time that we contributed to this event. Just for record keeping if anybody asked. From
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