11-13-2023 City Council Regular Meeting MinutesCHANHASSEN CITY COUNCIL
REGULAR MEETING
MINUTES
NOVEMBER 13, 2023
Mayor Ryan called the meeting to order at 7:00 p.m. Cub Scout Pack 303 opened the meeting
with the Pledge of Allegiance.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman
Schubert, and Councilman Kimber.
COUNCIL MEMBERS ABSENT: Councilman von Oven.
STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager;
Charlie Howley, Public Works Director/City Engineer; Eric Maass, Planning Director; Jerry
Ruegemer, Park and Recreation Director; Don Johnson, Fire Chief; Lt. Lance Pearce, Carver
County Sherrif’s Office; Rick Rice, IT Manager; Kelly Grinnell, Finance Director; Ari Lyksett,
Communications Manager; Andrea McDowell Poehler, City Attorney; and Kim Meuwissen, City
Clerk.
PUBLIC PRESENT:
Cub Scout Pack 303
Chanhassen High School Robotics Team
Judy Harder, 541 West 78th Street
Chris Simmons, Managing Director, Transwestern
CONSENT AGENDA: Councilman McDonald motioned, Councilman Kimber seconded
that the City Council approve the following consent agenda items 1 through 12 pursuant to
the City Manager’s recommendations:
1. Approve Special City Council Meeting Minutes dated October 30, 2023
2. Approve City Council Special Meeting Minutes dated October 23, 2023
3. Receive Planning Commission Meeting Minutes dated October 3, 2023
4. Approve Claims Paid dated November 13, 2023
5. Adopt Earned Sick and Safe Time Policy
6. Approve Paid Time Off Conversion Plan
7. Approve an Encroachment Agreement between the City of Chanhassen and David J. Glaza
and Anjuli V. Glaza
City Council Minutes – November 13, 2023
2
8. Resolution 2023-84: Accept Public Utility Improvements in Berrospid Addition, City
Project No. 2021-10
9. Resolution 2023-85: Accept a $600 Donation from Chanhassen Nicolet Bank
10. Resolution 2023-86: Award Construction Contract for Lift Station #3 Forcemain
Replacement
11. Resolution 2023-87: Authorize Contract for Geotechnical Services for the 2024 City
Pavement Rehabilitation Project (#24-01)
12. Ordinance 719: Amending Chapter 20, Zoning of the Chanhassen City Code Updating
Development Requirements Related to Minimum Parking Standards
All voted in favor, and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS.
1. Chanhassen High School Robotics Team
The Chanhassen High School Robotics Team members shared about the First Tech Challenge
and their robotics team. They also reviewed their community initiatives, including the
Chanhassen Library Demos, Minnesota State Fair, and non-profit summer camp. The members
showed their robot in the mid-design process.
Mayor Ryan thanked the robotics team for the impact they are making in the community and
congratulated them on the great work they are doing. She invited them back to show their
finished robot.
2. Judy Harder Citizen Action Request
Judy Harder, 541 West 78th Street, requested information about environmental concerns in the
new civic campus. Mayor Ryan shared that she would communicate this information in a
mayor’s message when they receive this information.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATES.
1. Quarterly Fire Department Update
Fire Chief Johnson updated the Council on fire department staffing and training. The fire
department is running 14 percent ahead of last year. They held their annual fire department open
house and received 450 youth visits at the fire station and 500 youth visits to daycares or schools
for fire prevention month.
City Council Minutes – November 13, 2023
3
2. Quarterly Law Enforcement Update
Lieutenant Lance Pearce updated the Council on their third-quarter activity. They had 2,782
service calls in total. This has decreased 23 percent from last year. Crimes increased between the
second and third quarters, including forgery and burglary. There were 37 mental health calls,
which has decreased from the second quarter and from 2022. He reminded citizens to close their
garage doors and to remove their keys and personal items from their vehicles to prevent crimes
of opportunity. He encouraged citizens who receive fraudulent calls about owing money to law
enforcement to call the non-emergency phone number and not to submit any payments.
PUBLIC HEARINGS. None.
GENERAL BUSINESS.
1. Consider a Request for Preliminary Plat and Final Plat, Site Plan, Conditional Use
Permit, and Sign Variance for a Drive-Through Restaurant located at 800 West 78th
Street, Case of Café Zupas
Planning Director Eric Maass displayed the preliminary plat, final plat, sign variance, and the
site plan for 800 West 78th Street. He reviewed the plat and site plan request, conditional use
permit, and variance request.
Councilman McDonald asked if Café Zupas indicated their hardship in order to receive
permission for two signs at the same elevation.
Mr. Maass shared that Café Zupas had discussed the hardships with the city as a part of their
application submittal.
Councilman McDonald asked for clarification on the drive-through. Mr. Maass confirmed staff is
not recommending approval of the site plan and conditional use permit requests because drive-
throughs are no longer permitted in the Central Business District.
Councilwoman Schubert asked whether there was a potential for the online order pick-up drive-
through option like another restaurant. Mr. Maass shared that since this location was in the
Central Business District, a drive-through of any kind would not be permitted.
Councilman Kimber asked whether Café Zupas was provided an opportunity to make proposal
changes. Mr. Maass stated staff reached out to Café Zupas with the newly revised ordinance, and
they were given the opportunity to update their application. Café Zupas elected to move forward
with their proposal as originally submitted.
City Council Minutes – November 13, 2023
4
Chris Simmons, 470 North Mississippi River, St. Paul, Managing Director at Transwestern and a
representative for Café Zupas, explained companies require drive-throughs for the convenience
of customers. He reviewed Café Zupas' financial investment and time into these plans for a
Chanhassen location. He shared that sales increase by 30 percent for companies with a drive-
through window.
Councilman McDonald asked if Café Zupas had an app for customers to order ahead for pickup.
He also asked for percentages of individuals who go into the restaurant to eat versus those who
go through the drive-through. Mr. Simmons did not have a specific number but explained that
Café Zupas encourages individuals to order ahead on the mobile app.
Councilman McDonald asked whether the drive-through pickup was more important than a
drive-through. Mr. Simmons did not have a specific answer.
Councilman McDonald questioned if the two signs were on Café Zupas in other cities and if it
was important for marketing. Mr. Simmons stated it is a part of their branding. Mr. Maass shared
staff is supportive of their sign request.
Councilman McDonald inquired if Café Zupas would not come to town if they did not receive
their drive-through. Mr. Simmons affirmed that Café Zupas would not be built in Chanhassen
without the drive-through. After the pandemic, companies with pick-up windows thrived.
Councilman McDonald recalled that the Minneapolis City Council approved an ordinance prior
to the pandemic to prohibit restaurants with drive-throughs; however, they have since changed
this ordinance. Mr. Simmons stated that many companies he represents do not build in cities with
moratoriums on drive-throughs.
Mayor Ryan stated companies are leaving Minneapolis and St. Paul for reasons other than the
drive-through moratorium. She shared the drive-through and the setbacks are issues with the
Café Zupas plan. She stated they would love Café Zupas in Chanhassen, and the city has
suggested other locations where Café Zupas could be built with a drive-through.
Councilman McDonald shared he disagreed with the Mayor and believes this would be a great
opportunity to develop within the Lunds and Byerlys parking lot.
Councilman McDonald moved that the Chanhassen City Council adopt an amended
Findings of Fact and Decision approving the requested subdivision, final plat, and variance
and approving the requested site plan and conditional use permit for Café Zupas. The
motion failed for lack of a second.
Councilman Kimber agreed with the findings of fact and decision. He stated this restaurant
would do great in Chanhassen in another location. He shared the need to stick with the guidelines
proposed.
City Council Minutes – November 13, 2023
5
Councilwoman Schubert added that an additional drive-through would increase traffic during the
lunch hour and would not be favorable.
Councilman Kimber moved, Councilwoman Schubert seconded that the Chanhassen City
Council approve the Findings of Facts and Decision in approving the requested
subdivision, preliminary plat, final plat, and the sign variance, and denying the requested
site plan and conditional use permit for a drive-through restaurant, Café Zupas, located at
800 West 78th Street. The motion carried with a vote of 3 to 1. Councilman McDonald voted
nay.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION.
1. October 2023 Communications Update
2. Letter of Support for Carver County 2024 Regional Solicitation Application Minnesota
River Bluffs Regional Trail project
Councilwoman Schubert 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 8:02 p.m.
Submitted by Laurie Hokkanen
City Manager
Prepared by Kim Meuwissen
City Clerk