CC 2014 07 14
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 14, 2014
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag which was led by Boy Scout Geoff Olson from Troop 330.
COUNCIL MEMBERS PRESENT:
Mayor Furlong, Councilman Laufenburger, Councilwoman Ernst,
Councilwoman Tjornhom, and Councilman McDonald
STAFF PRESENT:
Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Jerry Ruegemer,
and Roger Knutson
PUBLIC PRESENT:
Chris Larus 7018 Dakota Circle
Heidi Garcia 7018 Dakota Circle
Larry Koch 471 Bighorn Drive
Chris & Geoff Olson 402 Cimarron Circle
Sharon McCotter 7000 Utica Lane
Nate Herman, Sathre-Berquist 150 Broadway Avenue So, Wayzata
Mayor Furlong: Thank you Geoff. Welcome. Welcome to everybody here this evening in the council
chambers as well as those watching at home. We’re glad that you joined us this evening. At this time I
would ask if there are any changes or modifications from members of the council. I understand Mr.
Gerhardt that item H(1) is requested to be removed this evening. Is that correct?
Todd Gerhardt: Yes, Mayor, council members. You should have a letter in front of you from Darlene
Drachote requesting an additional period of time for their application.
Mayor Furlong: Okay, thank you. Item H(1) will be removed and brought back at a subsequent council
meeting then. At that point are there any changes or other modifications from members of the council
with regards to tonight’s agenda? If not we’ll proceed with the agenda as published.
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA: Councilwoman Ernst moved, Councilman Laufenburger seconded to
approve the following consent agenda items pursuant to the City Manager’s recommendations:
1. Approval of City Council Minutes dated June 23, 2014
2. Receive Planning Commission Minutes dated June 17, 2014
3. Westwood Church: Withdraw Request for Rezoning and Land Use Amendment
Resolution #2014-46:
4. Approval of Resolution Appointing Election Judges and Establishing their
Rates of Pay
5. Approve Repeal of Chapter 5, Article II, Division 5 of Chanhassen City Code, Dangerous and
Potentially Dangerous Dogs
Chanhassen City Council – July 14, 2014
Resolution #2014-47:
6. TH 101 MN River Flood Mitigation and CSAH 61 Trail Improvement
Project No. 13-04: Approve Resolution and Agreement for DNR Trail Grant Funding
7. Approve Extension of Agreement to Allow an Auto Repair Garage on Property Zoned Planned
Unit Development (PUD), 7900 Kerber Boulevard, Douglas Hansen
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
Larry Koch: Good evening.
Mayor Furlong: Good evening.
Larry Koch: My name’s Larry Koch. I live at 471 Bighorn Drive here in Chanhassen and I’m here to
bring an update regarding the proposed rules that the Riley-Purgatory-Bluff Creek Watershed District is
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proposing to pass and I sent a prior email describing what happened on July 2 which was the last
meeting but just for the record. Over 125 citizens, both of Chanhassen and Eden Prairie showed up at that
meeting and I don’t have the exact count but I believe it was over 20 people presented objections to the
proposed rules particularly as they apply to single family residents and particularly buffer requirements
and stormwater management requirements on existing single family units. On that basis. No vote was
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taken but it’s my understanding that the rules may be the subject of the upcoming July 28 meeting of the
Watershed. And that, although we don’t have a specific agenda we believe that will be the case and is my
understanding at that point is the last opportunity for citizens and cities to on the record voice their
objections should they believe that the passage of the rules is not appropriate for whatever reason. Maybe
because they lack authority, which some people have indicated that they believe that the Watershed lacks
authority to pass the rules because of the ordinances passed by the City of Chanhassen and Eden Prairie
with respect to surface water management and shoreline management so they believe that under the
statutes the watershed district no longer has that authority. In any event we believe that the rules, those
rules as they apply to existing single family dwellings are inappropriate because they would basically
appropriate for the benefit of the district and take away the use of up to 20 feet. Not up to, at least 20 feet
of the shoreline, from the shoreline up to the home. Without any compensation. So just wanted to bring
you up to speed on the current situation and encourage you to support Mr. Jeffrey’s letter objecting to and
pointing out the problems with the rules and I think it would be appropriate. I don’t know your
procedure, if you would send a letter in support of Mr. Jeffrey’s and have a representative of the City of
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Chanhassen at that July 28 meeting to basically voice your concerns about the rules. As far as the cities
are concerned I think the one of the issues I see is that the procedure, no procedure has really been laid
out in any detail as to how these rules as they pertain to single family dwellings would be administered.
It’s my understanding that one of the problems is, it could be an administrative nightmare for the City
considering the fact that the City already has rules in effect that govern these two issues so just to
summarize it, encourage the council to, if there is a way to express their and repeat the concerns over the
rules. If appropriate having City Council to either confirm or state their position because if these rules,
I’m told if these rules are adopted this will be basically the last opportunity to put on the record any legal
or other objections to these rules should any party want to appeal the rules either to the District Court or
the Soil and Water Conservation Board. And if you give me just a minute I want to check my notes here.
I believe I’ve covered it all so thank you very much.
Mayor Furlong: Okay. Thank you. Do you have a question?
Councilwoman Ernst: Please Mr. Mayor.
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Chanhassen City Council – July 14, 2014
Mayor Furlong: Yes Councilwoman Ernst. Todd I think we talked about this when Laurie was here and
mentioned this the last time but the City really, correct me if I’m wrong but the City really doesn’t have
any voice in that, is that correct? I mean we can express our opinions and I know I have actually made
calls to some of the members of the Watershed but, and challenged them on these rules but I am curious
to know whether or not we really have a voice in that rule. In those rules.
Todd Gerhardt: Yeah. We’re communicating with the Riley-Purgatory-Bluff Creek Watershed District
and talking about their proposed rule changes or the procedures that they’re going through. Trying to
fully understand what their legal right is in this process and it’s kind of like an onion. You keep peeling it
back and peeling it back and you keep finding you know other issues.
Mayor Furlong: And your eyes keep watering every time, yeah.
Todd Gerhardt: Yeah, and Roger’s involved and he is in contact with them and you know we’ll have an
opinion here in the near future of exactly what’s going to happen and what authority we have and what
they have in moving ahead with the suggested plan modifications.
Councilwoman Ernst: Okay, thank you.
Mayor Furlong: Thank you. Others that would like to comment under visitor presentations this evening?
Anyone else? No? With that then we’ll move to our next item on our agenda.
PUBLIC HEARING: CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENT;
LOT 18, BLOCK 1, COLONIAL GROVE AT LOTUS LAKE.
Mayor Furlong: So let’s start with a staff report please. There will be a public hearing on this matter as
well. Mr. Oehme.
Paul Oehme: Yep, thank you Mayor, City Council members. The property owner who lives at 7018
Dakota Circle is planning to build an addition to his existing house. The roof that would potentially
overhang an existing drainage utility easement. The property in question again is at Dakota Circle which
is just west, or east of Lotus Lake show in the drawing here. The easement in question is shown in pink
as well. The house addition is planning to go in this vicinity. Permanent residential structures cannot be
built in drainage utility easements, therefore the property owner has requested that this drainage utility
easement be vacated. There is currently no city infrastructure, stormwater or utilities in this area.
Likewise there is no private utilities, gas or election in this easement and the City does not think we, has
determined that this easement is not necessary at this time. Therefore staff is recommending that the
easement be vacated at this time. With that if there’s any questions I’d be more than happy to try to
answer them. Otherwise I would request that a public hearing be opened at this time.
Mayor Furlong: Okay, thank you. Any questions for staff? Mr. Oehme is there, I realize there are no
utilities in that area but is that area used at all for stormwater drainage and surface drainage from either
the properties to the east or south?
Paul Oehme: No.
Mayor Furlong: Based on the grades or anything that flows through that area.
Paul Oehme: Not that we’ve identified. Dakota Circle flows to, it’d be the north. Northwest area and
everything else basically flows to the lake so there really isn’t any drainage other than what’s on the
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Chanhassen City Council – July 14, 2014
current property that would flow through this area so we have determined that the easement is not
necessary at this time.
Mayor Furlong: So nothing from any neighboring properties that might surface drain through that area?
Paul Oehme: Not that I’m aware of, that we found.
Mayor Furlong: But you did look for those?
Paul Oehme: Staff did look, correct.
Mayor Furlong: Okay. Alright. Thank you. Any other questions? If not, let’s go ahead and we’ll open
up the public hearing and invite all interested parties to come forward and address the council on this
matter.
Heidi Garcia: Thank you Mr. Mayor, members of the council. My name’s Heidi Garcia and my husband
Chris Larus and I are the homeowners of the property. When this plot was first established, that easement
I believe was set in place before it was subdivided and in the over 60 years that that, that division has
been in place there have never been any utilities placed there or any drainage usage from anyone. It was
established as a just in case because of the neighboring development as well but it’s never been utilized
for that and we are not requesting actually to even infringe in that area on the footprint but rather the, it’s
a few inches of roof overhang that would hang over in that area and again it’s never been used and my
understanding is that it never would be used by any of the utilities or the City so we’re hoping that we can
get rid of that and put on a little bathroom so.
Mayor Furlong: Okay. Alright, thank you.
Heidi Garcia: Thank you.
Mayor Furlong: Anyone else that would like to address the council on this matter? No? Seeing none
we’ll, without objection we’ll close the public hearing. Bring it back to council for questions and
comments. Any comments or thoughts? Councilman Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. Kate or Paul, have we had any communication at
City Hall from anybody, from any of the neighbors to the south or to the east or west?
Paul Oehme: No we did notify the residents of the vacation and this public hearing and we have not to
my knowledge had any feedback from any of the neighbors in this area.
Councilman Laufenburger: Okay, thank you.
Mayor Furlong: Any thoughts or comments? I mean based upon what we’ve heard this evening and the
information in the staff report it seems reasonable to go ahead with the vacation. I’d be interested in any
other thoughts or comments. If not would somebody like to make a motion.
Councilwoman Tjornhom: I’ll make a motion.
Mayor Furlong: Councilwoman Tjornhom.
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Chanhassen City Council – July 14, 2014
Councilwoman Tjornhom: Mayor I’d like to make a motion that the City Council adopts a resolution
approving the vacation of the drainage and utility easement over Lot 18, Block 1, Colonial Grove at Lotus
Lake according to the recorded plat thereof.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: Second.
Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll
proceed with the vote.
Resolution #2014-48: Councilwoman Tjornhom moved, Councilman McDonald seconded that the
City Council adopts a resolution approving the vacation of the drainage and utility easement over
Lot 18, Block 1, Colonial Grove at Lotus Lake according to the recorded plat thereof. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Thank you everyone involved. That completes our items of new business this evening
with H(1) being removed earlier as part of the adoption of the agenda. With that we’ll move to council
presentations.
COUNCIL PRESENTATIONS.
Mayor Furlong: Any comments from members of the council.
Councilman Laufenburger: I have one.
Mayor Furlong: Councilman Laufenburger.
Councilman Laufenburger: Thank you Mr. Mayor. Just over the last few weeks Chanhassen as a
community has been host to some significant sporting events and I just want to draw attention to a couple
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of them. First of all the weekend of June 19, 20 and 21 the 40 Annual All-Star baseball game which
is conducted, or baseball tournament which is conducted for graduating seniors from all across the state of
Minnesota, and what was interesting is that Chanhassen was once again, as it was in 2011 was called
upon to host this event at Storm/Red Bird Stadium because Chaska Athletic Park was flooded. Now
that’s, I mean that’s an issue of itself. The ball park down there and I know that they plan to put a levy in
so it doesn’t flood in the future but it was very resourceful and forward thinking of the organizers of this
event to consider Chanhassen and prepare for it, and at the last moment, just 4 days before the tournament
was scheduled to begin in Chaska, a decision was made to move it to Chanhassen and there were a lot of
people that were involved in putting that together. All members of this community who have a great deal
of pride in the facilities at Chanhassen High School and also a pride in our community so that was one
example. And then this past weekend the Annual Jim Hanus Gopher Classic Legion Baseball
Tournament was conducted at Chanhassen. Chanhassen was one of 16 sites around the country and again
the community, the volunteers, those people who support Legion baseball and Post 580, the local Legion
Post that supports the tournament, again showed true colors in making it a wonderful experience in spite
of the fact that all the games on Friday morning were rained out so we’re dealing with water on all fronts.
Yet nevertheless all star baseball and legion baseball continues to go on and it’s exciting to see
Chanhassen as a favored destination for events like this and the high school lacrosse and you name it.
People want to come here. Why? Because our Fourth of July Parade is the best small city parade in
America so I just wanted to highlight those two things as important elements to the thread of the
community of Chanhassen responding to the need when it’s necessary so thank you Mr. Mayor.
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Chanhassen City Council – July 14, 2014
Mayor Furlong: Absolutely. Thank you. Councilwoman Tjornhom.
Councilwoman Tjornhom: I have a question for that, do we Denny, maybe Councilman Laufenburger
you probably know or City Manager, somebody knows what kind of impact that has on Chanhassen as far
as hotels. Do we know like do they stay in the city or do we have any information on that?
Councilman Laufenburger: I don’t have quantitative numbers but I can tell you that the people who came
to Chanhassen, there was a large contingent of supporters of the baseball team from Omaha, Nebraska
and also from Renner, a suburb of Sioux Falls, South Dakota so in that case those teams did stay at local
hotels and restaurants and enjoyed their experience immensely and I know many of them showed up at
the American Legion for breakfast on Saturday morning so that was an impact. Same thing is true when
the All Star Baseball tournament was here. There were services that were provided by local restaurants
and local grocery stores and stuff like that so there’s certainly an impact but not only quantitatively but
qualitatively. The name Chanhassen is associated with being responsive and being ready to serve the
events that come to our venue so that’s all good.
Mayor Furlong: Any other comments? Mr. McDonald.
Councilman McDonald: Yes Mr. Mayor. Last Monday it was my honor and privilege, I attended the
Black Hat Ceremony for the fire department.
Mayor Furlong: Thank you.
Councilman McDonald: And I will say that it was quite the turn out. It’s very interesting to see the new
members receive their black hats. The camaraderie of the fire department is just amazing and it did
welcome me into the proceedings and I was very grateful for that but I think it was a very good ceremony
and I think the fire department is doing well is what I would report back to the council.
Mayor Furlong: Thank you for the report. Thank you for attending as well. I’m glad that you did. Any
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other comments? I’d like to talk a little bit about the July 3 and I guess July 2, 3 and 4 events. Just
a few people, some of our tens of thousands of our closest friends I think were here for that event but
there was a lot of effort that went into making that event run as smoothly as it did and it was, I want to
just extend thanks to everybody that participated but certainly to the Chanhassen Rotary Club. Southwest
Metro Chamber of Commerce. The City, County staff, everybody that was involved. It just takes a lot of
volunteer time and effort and the result of that was seen by everybody having a great time. I know that all
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of who were there, whether on the 2, the 3 or the 4, some or all of those events just the weather could
not have been better but above all it was everybody, good people having a good time and that’s what
small towns are all about and so when people talk about the small town feeling they get, you can even
have that among 10,000 people at a street dance or 15 plus thousand at a parade. Just to view the parade
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and I know others that were involved with it or there was just fantastic. Looking down West 78 with
crowds on both sides and planes flying overhead and the bands playing, it’s just, it was just a fantastic
experience for all involved. Whether you’re in the parade. Whether you’re watching it or whatever so to
everybody that was involved a special thank you. We really appreciate everyone’s effort and I know
plans are already started for next year and we’re looking forward to that as well so thank you for that.
Councilwoman Ernst: Mr. Mayor if I could add to that?
Mayor Furlong: Councilwoman Ernst.
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Chanhassen City Council – July 14, 2014
Councilwoman Ernst: I know that there were some concerns that the Taste of Minnesota in Waconia was
going to interfere with our Chanhassen event but to me it looked like it didn’t interfere at all so I think the
numbers were bigger and better than ever and it happens every year where it gets bigger and better so.
Mayor Furlong: Yeah. Jerry Ruegemer is here with the Park and Rec Department. Anything you want to
add or any comments you want to share with the council this evening?
Jerry Ruegemer: Good evening Mayor and council. I just wanted to thank, I saw many of you at the
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event through the course of the 2, 3 and 4 so just wanted to thank all the council members that really
give us the support and encouragement to create these types of opportunities for our community so like
Mayor Furlong said, the weather was absolutely perfect from a spectator and worker standpoint so that
really helps us out. And you know we had a great number of our city staff and county staff and all kinds
of volunteers that help out with the event so it does take a lot of people to put that together and we have a
lot of these meetings prior to the event insuring that everything does go smooth so it’s not just us that puts
it together. It’s really a big effort from everybody across our community so thanks again for everybody
attending the events and giving us the opportunity to provide a great marquee event so thanks again.
Mayor Furlong: Thank you. Any other comments? Discussion from the council. If not, Mr. Gerhardt.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: Mayor, council I have one item. We’re going to have the honor to thank Mike Wegler
for his 29 years and 10 months of service with the City of Chanhassen. Mike is our Street
Superintendent. He’s held that position for the last 19 years and Mike has done a fantastic job. Talking
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about the 4 of July, Mike makes sure that the barricades are in place. Directing traffic during the event
and Mike is also the lead in the snowplowing system that goes through Chanhassen and also our street
maintenance and Mike has been a loyal employee for the City of Chanhassen and it’s going to be a sad
day the end of this week I think is his last day is Friday but he has just done a fantastic job. It’s kind of a
thankless job at times when the Carver County Sheriff’s Office gives him a call at 2:00 in the morning
and saying it’s time to get out there and salt the streets and so, but Mike does a great job. Has done a
great job for us and look forward to the celebration that we’re going to put on for him on Wednesday at
noon.
Mayor Furlong: Good, thank you. Any questions for Mr. Gerhardt or staff? Mr. Oehme, street projects.
How are they coming? Specifically local projects.
Paul Oehme: Sure.
Mayor Furlong: We’ve had some updates on the 101 and others but maybe you could just give us an
update.
Paul Oehme: Sure. So our local street projects, 2014 street reconstruction project is going more or less
on schedule even with the weather delays that we have right now. Kiowa Trail is being sub-cut right now
so all the clay is being removed and the new street section is being installed. All the utilities are currently
in so by the end of the week we should be getting pretty close to pouring curb on that project. And then
Minnewashta Shores neighborhood we’re putting in watermain right now so that’s ongoing and making
good progress there.
Mayor Furlong: Okay, good. Thank you. Mr. Laufenburger.
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Chanhassen City Council – July 14, 2014
Councilman Laufenburger: Yes Paul, can you talk just a little bit about Lyman? Is Lyman on schedule to
be completed before school starts do you think or no?
Paul Oehme: It’s going to be real difficult I think right at this point. They have run into several
roadblocks I would say.
Councilman Laufenburger: Water related roadblocks?
Paul Oehme: Mainly water related roadblocks I would say. There’s some private utilities conflicts that
have been dragging the project on a little bit early on. Delayed them a little bit but water related projects,
they have a huge, a large crossing of the Bluff Creek culvert that they’re putting in right now in the last
couple weeks they’ve just been delayed on that project, or that section of the work to get going on so
making progress on the new retaining walls. The sub-cut. Those type of things but in terms of installing
the utilities and some of the, the earth work has just been very slow going right now so. We did have a
meeting with Carver County and the contractor today and we’re encouraging then, you know they’re
getting more forces out there and try to do what they can to speed up the operation so hopefully we’ll see
a little bit more progress here in the next couple weeks if weather does allow it.
Councilman Laufenburger: I just, as it relates to school. I mean there’s a lot of people that use that road
on the way to school.
Paul Oehme: Absolutely, yeah.
Councilman Laufenburger: School buses and private automobiles as well. I know that would be a big
impact.
Paul Oehme: Exactly so we’re looking at every option we have right now to try to get at least a portion of
the road opened if we can so.
Councilman Laufenburger: Thank you Mr. Oehme.
Mayor Furlong: Are you keeping the school district up to date on the progress so they’re aware of
potential problems?
Paul Oehme: I believe the school, or Carver County’s the lead on that one. They’ve been keeping
communications open.
Mayor Furlong: Okay, good. Thank you. Any other questions for Mr. Gerhardt or his staff? No?
CORRESPONDENCE DISCUSSION.
Mayor Furlong: Any comments? Questions?
Councilman Laufenburger: Just one.
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: This citizen request tracker that’s now in place. Laurie I guess you’re the
expert on that that’s present here. What are we doing to promote that with citizens? Has that showed up
in the Villager yet do you know?
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Chanhassen City Council – July 14, 2014
Laurie Hokkanen: I don’t but Richard is here. Maybe oh, shoot.
Councilman Laufenburger: Well I just think what a great way for people to engage personally with these
sorts of things and I, as I was reading that I’m thinking wow. Let’s do a lot to get that in the hands of the
citizens so.
Laurie Hokkanen: Yeah we’ve done a news flash. We’ve promoted it through our Facebook and Twitter
pages. There’ll be an article in the upcoming Connection coming out about it.
Councilman Laufenburger: Good, okay.
Laurie Hokkanen: But it is, it’s really helpful for us too because someone can send not only a description
of what their issue is but they can quickly send a picture and exact location without much more effort on
their part and it can sometimes save us the, having to send staff to do an on site inspection. We can say
oh yep, we see what you’re looking at and take care of it that much more quickly.
Councilman Laufenburger: Great way to innovative technology so congratulations.
Laurie Hokkanen: Thank you.
Councilman Laufenburger: Thank you Mr. Mayor.
Mayor Furlong: Did you say innovative?
Councilman Laufenburger: Yeah, innovative.
Laurie Hokkanen: Highlight that Todd.
Councilman Laufenburger: I did that for Todd’s benefit.
Todd Gerhardt: Add that to the list.
Mayor Furlong: There you go. Any other comments? Questions this evening. If there’s nothing else to
come before the council we will be continuing our work session items back in the Fountain Conference
Room. Is there a motion to adjourn?
Councilman McDonald moved, Councilwoman Tjornhom 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 7:35 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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