08-14-2023 City Council Regular Meeting MinutesCHANHASSEN CITY COUNCIL
REGULAR MEETING
MINUTES
AUGUST 14, 2023
Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of
Allegiance.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Schubert, Councilman
McDonald, Councilman von Oven, and Councilman Kimber.
COUNCIL MEMBERS ABSENT: None.
STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager;
Eric Maass, Planning Director; Charlie Howley, Public Works Director/City Engineer; Don
Johnson, Fire Chief; Jerry Ruegemer, Parks & Recreation Director; Bob Generous, Senior
Planner; Andrea McDowell Poehler, City Attorney; and Kim Meuwissen, City Clerk.
PUBLIC PRESENT:
Senator Julia Coleman
Cara Means-Thompson, The Grief Club of Minnesota
PUBLIC ANNOUNCEMENTS:
1. Thank Senator Julia Coleman
Mayor Ryan invited Senator Julia Coleman to the podium. She thanked Senator Coleman for her
efforts and accessibility to listen to the needs and concerns of the City of Chanhassen. She
recognized the legislation Senator Coleman implemented that saved taxpayers’ dollars. Senator
Coleman previously served as a City Councilwoman.
Senator Coleman thanked the City of Chanhassen for welcoming her and reflected on her
experiences as a Councilwoman. She restated her commitment to the City of Chanhassen moving
forward.
CONSENT AGENDA: Councilman McDonald, Councilman Kimber seconded that the
City Council approve the following consent agenda items 1 through 14 pursuant to the City
Manager’s recommendations:
1. Approve City Council Minutes dated July 24, 2023
2. Approve City Council Special Meeting Minutes dated July 17, 2023
3. Receive Economic Development Commission Minutes dated July 11, 2023
4. Approve Claims Paid dated August 14, 2023
5. Appoint Youth Commissioners to the Economic Development Commission, Park and
Recreation Commission, and the Environmental Commission
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6. Approve Temporary Modification of the Licensed Premises to serve Beer in the Hackamore
Brewing Company Parking Lot Area
7. Approve Quote for Lake Susan Park Ballfield Reconstruction
8. Approve the Site Plan Agreement between the City of Chanhassen and Life Time Inc. for the
Construction of a Pickleball Facility, Including Indoor and Outdoor Courts
9. Adopt Updated Drug, Alcohol, and Cannabis Testing and Drug-Free Workplace Act Policy
for Non-Commercial Drivers (Non-DOT) to Incorporate the Legalization of Cannabis
10. Resolution 2023-64: Approve Purchases for Annual Lift Station Maintenance
11. Resolution 2023-65: Approve Application of Holy Family Catholic High School to Conduct
Off-Premise Lawful Gambling at Axel’s Bonfire Restaurant located at 560 West 78th Street
12. Resolution 2023-66: Grant of TH 101 Highway Easements
13. Approve First Amendment to the Development Contract between Dakota Retail LLLP and
the City of Chanhassen
14. Approve 12-Month Extension to Approved 10-Foot Shoreland Setback Variance for Property
at 3609 Red Cedar Point Road
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
Cara Means-Thompson is the Clinical Operations Director and Co-Founder of the Grief Club of
Minnesota, which is a 501(c)(3) organization located in Chanhassen since August 2022. She
explained that the Grief Club of Minnesota provides a place for children, teens, and families to
connect, grieve, and heal. Staff members have actively worked in this field for a combination of
44 years. Ms. Means-Thompson shared that the Grief Club is a place for families and children to
work with professional licensed mental health counselors for support and work within groups to
share their stories. The Grief Club has an art room, play therapy modalities, traditional talk
therapy, and group therapy. Ms. Means-Thompson shared that 84,000 children in Minnesota will
experience the death of a parent or sibling by the age of 18. She stated they had conducted 53
Grief Support Groups and over 700 individual counseling sessions. The Grief Club is
philanthropically funded, so there are no costs to the clients.
Mayor Ryan thanked Ms. Means-Thompson for visiting and sharing about their mission and for
all the work they do in Chanhassen, which is very much needed.
PUBLIC HEARINGS.
1. Resolution 2023-67: Adopt Resolution Approving Vacation of Public Drainage and
Utility Easements and Public Right-of-Way Over Lot 1, Block 1, and Outlot A,
McGlynn Park 2nd Addition; and Approve the Preliminary and Final Plat,
Development Contract, Site Plan, and Wetland Alteration Permit for Audubon
Business Park
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Senior Planner Bob Generous shared that the Applicant is requesting a vacation for specific lots.
The lots were platted in the 1980s, and nothing has been added to the site since that time other
than a daycare. He shared that the vacation is conditioned upon the simultaneous recording of the
final plat of Audubon Business Park, which will provide adequate platted public right-of-way.
He stated that the Staff recommends approval of the request.
Mr. Generous shared the information for Planning Case #2023-16 Audubon Business Park. He
shared information about the existing site, which is vacant and has not been used for many years.
He reviewed the subdivision site buildings, which meet city code standards. He also shared an
overview of the building’s architecture and materials. Mr. Generous believes this will be a great
addition to the Chanhassen community. There are six wetlands on the site. Four of these
wetlands will be filled, which will comply with the Wetland Conservation Act. The Planning
Commission held a public hearing to review this development on July 18 and addressed public
concerns with traffic and noise issues. They recommended approval for the development.
Mayor Ryan asked Mr. Generous about the height differential between this building and the Xcel
building to the West. Mr. Generous stated that the high-maintenance building would be
comparable, but the main Xcel building is a bit shorter. The look and feel are similar. Mayor
Ryan asked about the traffic impact during the construction time. Mr. Generous stated that the
construction will occur at similar times. There is some grading that will need to be completed on
this site and the Xcel site. Mayor Ryan asked if there would be truck construction traffic on
Highway 5 or on Audubon. Mr. Generous stated that for this site, they will go in on Audubon to
enter the site. Councilman McDonald asked which business was coming in here. Mr. Generous
stated it is a local business but did not disclose which business.
Mayor Ryan opened the public hearing. There were no public comments.
Mayor Ryan closed the public hearing.
Councilman von Oven moved, Councilman McDonald seconded that the Chanhassen City
Council adopt a resolution approving the vacation of public drainage and utility easements
and public right-of-way over Lot 1, Block 1, and Outlot A, McGlynn Park, and Oultlot A,
McGlynn Park 2nd Addition, according to the recorded plat thereof, Carver County,
Minnesota, subject to the conditions of said resolution; and approve the preliminary and
final plat, authorize execution of the development contract, authorize the execution of the
Site Plan agreement, and approve the Wetland Alteration Permit for Audubon Business
Park subject to the conditions of the staff report, and adopts the Planning Commission’s
Findings of Fact and Recommendation. All voted in favor, and the motion carried
unanimously with a vote of 5 to 0.
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GENERAL BUSINESS
1. Ordinance 713: Amending Chapter 14 of the Chanhassen City Code Concerning
Smoking in City Parks; and Ordinance 714: Amending Chapter 11 of the Chanhassen
City Code Concerning Cannabis Use in Public
City Attorney Andrea McDowell Poehler explained that this identifies the current legislation for
cannabis use in public places. She defined what is considered as a public place. This legislation
does not account for edible usage. Ms. McDowell Poehler shared the ordinance for smoking
inside and adjacent to public parks and shared the definitions of smoking and electronic devices.
Councilman von Oven asked to review the State legislation. He asked if the legislation implies
cannabis usage outside of these three places. Ms. Hokkanen stated that the City is given the
authority to ban the usage in specific locations, which led to this ordinance. Mayor Ryan asked if
there needs to be specific language to include trails. Ms. Hokkanen stated that this ordinance
would cover trails for cannabis usage. Councilman von Oven asked why there were two
ordinances rather than just one ordinance. To address the locations, there needed to be two
ordinances. Councilman von Oven encouraged adding all types of smoking to the second
ordinance. Ms. Hokkanen suggested bringing this motion back to include the proper definitions.
Mayor Ryan encouraged passing the cannabis ordinance tonight since it is now legal.
Councilman McDonald stated that cannabis seems more harmful than tobacco. Councilman von
Oven stated that the ordinance considers the impacts on others. He stated concern about the
impact of second-hand smoke on children. Councilman McDonald stated that smoking does not
harm others. Ms. Hokkanen would like to review the authority the City has regarding the use of
tobacco.
Councilwoman Schubert moved, Councilman Kimber seconded that the Chanhassen City
Council adopt an Ordinance Amending Chapter 14 of the Chanhassen City Code
Concerning Smoking in City Parks. All voted in favor, and the motion carried unanimously
with a vote of 5 to 0.
Councilwoman Schubert moved, Councilman Kimber seconded that the Chanhassen City
Council adopt an Ordinance Amending Chapter 11 of the Chanhassen City Code
Concerning Cannabis Use in Public. The motion carried with a vote of 4 to 1. Councilman
von Oven voted nay.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION.
1. 2023 Second Half Suburban Rate Authority Assessment
2. 2023 Building Permit Activity
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Councilman Kimber moved, Councilman McDonald 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 7:59 p.m.
Submitted by Laurie Hokkanen
City Manager
Prepared by Kim Meuwissen
City Clerk