CC 2015 01 12
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JANUARY 12, 2015
Mayor Laufenburger called the meeting to order at 7:00 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT:
Mayor Laufenburger, Councilwoman Tjornhom,
Councilman McDonald, Councilwoman Ryan, and Councilman Campion
STAFF PRESENT:
Todd Gerhardt, Chelsea Peterson, Paul Oehme, Kate Aanenson, Todd
Hoffman, and Roger Knutson
Mayor Laufenburger: Our first order of business is the swearing in or the oath of office. Todd,
I’ll let you take and give us direction on this.
Todd Gerhardt: Yep, we’re going to start with Mayor elect Denny Laufenburger. If you can
come down.
Assistant City Manager Chelsea Peterson administered the Oaths of Office to Mayor
Denny Laufenburger, Councilwoman Elise Ryan, and Councilman Dan Campion.
Mayor Laufenburger: So let me extend an official welcome to this council meeting. All those
that are present in the council chamber as well as those of you that may be watching on
Mediacom Cable Channel number 8 at home. This is the start of a new council and I thought I’d
give an opportunity for council members if they would like to make a comment at this time,
they’re welcome to do so. Councilman McDonald.
Councilman McDonald: Thank you Mr. Mayor. I can say it officially now. I think this is a very
exciting time. All the time I’ve been on the council the mayor had been a very consistent
position. As I tweeted out today, it was with kind of bitter sweetness that we start the new
council but I definitely look forward to it. It should be very much fun and exciting and I know
that we are going to follow in the footsteps of Mayor Furlong so I’m very enthusiastic to be part
of this new council Mr. Mayor Laufenburger and look forward to serving you for at least the next
2 years. Thank you very much.
Mayor Laufenburger: Thank you Jerry. Councilwoman McDonald. I mean Tjornhom. Excuse
me McDonald. I’ve got a pattern here you know.
Councilwoman Tjornhom: I know, I know. I’ll answer to anything actually so it’s alright. I am
just delighted about this evening and the fact that Denny Laufenburger is now Mayor
Laufenburger of the City of Chanhassen. I look forward to working with you and serving under
you as our new mayor and I know that the future is bright for Chanhassen and I want to welcome
Elise Ryan and Dan Campion to the council also. This is a bright new side of the table I think.
You know fresh ideas.
Chanhassen City Council – January 12, 2015
Mayor Laufenburger: I can feel the tilt.
Councilwoman Tjornhom: That’s right. And so I just want to welcome you too. It’s always an
honor for me to serve. I know it will be for you also so welcome and I look forward to working
with you.
Mayor Laufenburger: Thank you Bethany. Councilmember Ryan.
Councilwoman Ryan: Thank you Mr. Mayor. It is truly an honor to be serving the people of
Chanhassen. Thank you for entrusting me with this great responsibility. I am looking forward to
a productive 4 years working alongside Mayor Laufenburger, Councilwoman Tjornhom,
Councilman McDonald and Councilman Campion as well as Mr. Gerhardt and all of the great
professional staff we have here at, in Chanhassen. As I thought about this new endeavor I
couldn’t help but think about the great people who have sat on this council before. Each person
that took the oath of office did so because they wanted to be a part of something bigger than
themselves. They wanted to give back and serve the community in which they lived. They
wanted to contribute to the betterment of Chanhassen and make it a great place to live, work and
in many cases raise a family. The distinguished list of former councilors working with the long
serving staff members have built something special. They have built Chanhassen. I am
energized, confident and ready to be an effective member of City Council. I will be cognizant of
how and why decisions have been made in the past. I will be thoroughly engaged with the issues
we face today and forward thinking as we carefully plan for the future. I will make myself
available to you as it is important that you will be listened to and fairly represented on council. I
look forward to having the opportunity to meet you, work with you and understand your
concerns and needs. Our former mayor, who is here tonight, said something at his last meeting
that had a very powerful impact on me. He said that we as council make decisions that effect the
lives of those we don’t know or may never know and that to me emphasizes the great
responsibility that comes with holding this seat. So please know this, whether I know you or
don’t, whether you have lived here for 25 years or just 2 months I’m here to work diligently on
your behalf. I am optimistic about the next 4 years and I know that Chanhassen will continue to
thrive. Again thank you. Thank you for this remarkable opportunity and this remarkable honor.
And one more thing, I have to give a shout out to my alma mater the University of Oregon, Go
Ducks. Thank you.
Mayor Laufenburger: Thank you Councilwoman Ryan. Councilman Campion.
Councilman Campion: Thank you Mayor Laufenburger. I look forward to serving with you, as
well as Councilman McDonald, Councilwoman Tjornhom, and Councilwoman Ryan. Thank
you Chanhassen. This is a great honor and a great responsibility and I’m excited to serve. I plan
to consider every item that’s brought before us as a council very carefully. Listen to all sides on
issues. Do my research and make decisions that I believe are in the best interest of all
Chanhassen. I’m excited to get to work and thank you again.
Mayor Laufenburger: Thank you Dan. I’d like to say what an honor it is to greet you as your
new mayor. I’m very grateful for this opportunity to serve and I look forward to working with
other members of the council, the many commissioners and the city staff as we seek to make
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Chanhassen City Council – January 12, 2015
Chanhassen an even better place to live and work. These opening comments are not my own
words. They are the exact words from Mayor Tom Furlong of 12 years ago as he assumed the
role of mayor of Chanhassen on January 13, 2003. Though they’re not my own they absolutely
express my sentiments today. All those who have served before me as mayor began their terms
with similar feelings of gratitude, humility, and love for the city and for our people and for the
record let me publicly acknowledge those who have served in this role before me. From 1964 to
’71, Gene Coulter. From 1972 to 1976, Al Klingelhutz. Mr. Chanhassen. From ’77 to ’80,
Walter Hobbs. From ’81 to ’88, Tom Hamilton. From 1989 to ’96, Don Chmiel. From ’97 to
2000 it was Nancy Mancino. In 2001 and ’02 it was Linda Jansen and in ’03 to 2014 Mayor
Tom Furlong. Each of these served out of their passion for the future of Chanhassen. Each had
visions and plans for this city. What Chanhassen is today has it’s roots in the sum total of all that
they, their respective councils and the city professional staff have collectively contributed
through leadership and service to this city that we call home. Now the Lord willing, I will your
mayor for the next 4 years. Though I can’t predict with certainty what issues or situations may
arise in these 4 years, I can make 3 commitments that reflect how I will attempt to deal with
these circumstances. First of all to the citizens of Chanhassen, I will do my very best to listen to
and understand your perspectives, your concerns that you bring to me and to your council. I will
respect your rights and your passion for what makes Chanhassen and your neighborhoods a great
place to live. And I will regard each of you with the grace and dignity that you deserve
regardless of your status, your beliefs, your values or your family heritage. Second, to the City’s
professional staff, to employees, to volunteers, to commissioners, I will work to provide clear
communication and direction from the council so that you know what is expected of you in
serving the people of Chanhassen. I will strive with the council to be consistent and predictable
in our actions and our decisions and I will do my very best to not give you any surprises. And
thirdly to my fellow council members, I will seek to honor and dignify both the office that you
hold and the manner in which you choose to serve your constituents, the people of Chanhassen.
You didn’t choose me to be your mayor. We sit alongside the winners. That’s the way elections
work. Over time I hope to earn your trust and your confidence just as we all try to do the same
with the people that we represent and though we may not always agree I hope that our diversity
of experience and diversity of viewpoints will bring a richness and a depth to our discussions and
an understanding and a respect for our decisions. Now Chanhassen is a great community. Over
the last several years Chanhassen and our citizens have been received numerous awards and
recognition. Now the awards often reference our parks. Our trails. Our education opportunities.
Our downtown culture. Our small town celebrations. Our industry and jobs. Our investment in
our neighborhood parks. Our efficiency of service in our public safety. On behalf of all of us
who call this home I say thank goodness for Chanhassen. There is a character, a quality of life
and a pride that we have that is unique in this region. Yet a frailty exists. Our life as we know it
could be shattered by a natural disaster. By wide spread medical catastrophe. A personal
tragedy could effect a family in a neighborhood. We may feel like we are that bucolic, friendly,
all American town that is insulated from what we hear about from other parts of the nation or the
world. We are not immune. The acts of terrorism and violence that we hear about, the
manifestation of greed and desire for power that visits upon other towns and regions, that could
happen here and shatter our comfortable and our happy existence. There’s no guarantee that
these won’t happen in Chanhassen. We must be vigilant and alert. As members of this
community and the region we must not allow complacency to creep into our lives and our
citizenship. For be assured it is in our apathy. Our tolerance for the subtle demonstrations of
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Chanhassen City Council – January 12, 2015
disrespect. Our lack of attention to the core of our character. The almost imperceptible erosions
to the foundations of this community. Any of these could set us on a path much different than
the one we now enjoy. Thank goodness for Chanhassen because indeed goodness dwells in
Chanhassen. In our neighborhoods. It also lives in our churches. In our civic organizations and
service organizations like Rotary and Lions Club. In our veterans groups, American Legion.
The Legion Auxiliary. Beyond the Yellow Ribbon. It lives in our youth organizations. CAA.
CC-United. Boys and girl scouts. It lives in our schools, both public and private and their
respective boards and their parent organizations. Goodness dwells in our businesses and our
industry. Retail stores and the groups to which they belong. In our opportunities for
volunteerism and philanthropy like the Pinkie Swear Foundation. Treehouse. Love in the Name
of Christ. Arboretum. A Better Society and many more and most importantly there is goodness
and strength in the people and families in our community. From the youngest toddler, to the
idealistic youth, to the responsible parents and to the experience and wisdom of our seniors.
Goodness abounds in Chanhassen and if you ever begin to question or doubt the presence of that
goodness for any reasons just remember these words of Maryann Williamson and I quote. Try to
see the good in others. When you’re tempted to judge someone, make an effort to see their
goodness. Your willingness to look for the best in people will subconsciously bring it forth.
Goodness is about character, integrity, decency, honestly, kindness, civility, generosity, moral
courage, respect, fairness and most importantly goodness is about how we treat other people.
My vision for Chanhassen is that we will work in cooperation to preserve and protect the
goodness, the character, the quality of life and the pride that we have in Chanhassen. Goodness
has found a home in Chanhassen. Let’s all work together to make sure she takes permanent
residence here. To close with Mayor Furlong’s words of 2003, your ongoing feedback will be
critical for us to be able to realize this vision. I encourage anyone to contact me or any council
member or city staff on how we can preserve and protect our community and make Chanhassen
an even better place to call home. Thank you and let’s get on with business. Now I know some
of you may want to look for some ducks or some buckeyes so let’s take a short recess. 5 minutes
or so and then we will return to the agenda for the evening and Chelsea, if you have the
documents we can sign those documents as well so thank you for coming. We’ll be in short
recess.
There was a short recess at this point in the meeting.
Mayor Laufenburger: Alright, we will reconvene this meeting of the Chanhassen City Council.
Council members, are there any modifications to the agenda? And if not we will proceed with
the agenda as printed. Okay.
ORGANIZATIONAL ITEMS.
Mayor Laufenburger: Next on our list, on our agenda is the organizational items. There are
three things that we as a City Council are charged to do at the first meeting of the year. One is to
appoint an official newspaper. Also a council member to act as Acting Mayor and a council
member to join our Finance Director as a member of the Fire Relief Association Board of
Trustees. In your packet that you have in front of you, the Chanhassen Villager replied with a
quote for services to be the official newspaper and they were the only one that replied so may I
have a motion to accept the Chanhassen Villager as the official newspaper of Chanhassen.
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Chanhassen City Council – January 12, 2015
Councilwoman Tjornhom: So moved,
Mayor Laufenburger: Thank you Councilwoman Tjornhom. Is there a second?
Councilman McDonald: Second.
Mayor Laufenburger: Thank you Mr. McDonald. Any discussion?
Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council
make the appointment of the Chanhassen Villager as it’s official newspaper. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: Next item is to appoint a council member as Acting Mayor. This is a
member of council that acts or serves in the absence of the Mayor, whether it be presiding over
council meetings or standing in at ceremonies or executing official city documents in the absence
of the mayor. Any council member comment on that? Comment or motion.
Councilman McDonald: Mr. Mayor.
Mayor Laufenburger: Yes sir Mr. McDonald.
Councilman McDonald: If I could I would like to nominate Councilwoman Tjornhom to fill the
position of Acting Mayor.
Mayor Laufenburger: Alright. Is there a second?
Councilman Campion: Second.
Mayor Laufenburger: Thank you Mr. Campion. Any discussion? I would just offer that
Bethany, Councilwoman Tjornhom has served as Deputy Mayor or Acting Mayor a number of
times and has filled that role very exceptionally so I think that would be a good choice.
Councilman McDonald moved, Councilman Campion seconded that the City Council
appoint Councilwoman Bethany Tjornhom as Acting Mayor. All voted in favor and the
motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: Our last official appointment is to appointing a council member to serve
on the Fire Relief Association Board of Trustees. Any comment or motion on that?
Councilwoman Tjornhom: Mr. Mayor?
Mayor Laufenburger: Yes Councilwoman Tjornhom.
Councilwoman Tjornhom: I would like to make a motion to elect Councilmember McDonald.
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Chanhassen City Council – January 12, 2015
Mayor Laufenburger: Okay. I’ll take that as a motion. Is there a second?
Councilwoman Ryan: Second.
Mayor Laufenburger: Thank you Ms. Ryan. We have a motion and a second. Any discussion
on the motion?
Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council
appoint Councilman Jerry McDonald to the Fire Relief Association Board of Trustees. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC ANNOUNCEMENTS:
None.
CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom
seconded to approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated December 8, 2014
2. Receive Park and Recreation Commission Minutes dated November 25, 2014
Resolution #2015-01:
3. Highway 101 (Pioneer Trail to CSAH 61) Project 14-08:
Approve Joint Powers Agreement between the City and Carver County for
Environmental Assessment and Preliminary Design.
4. Award of Bid, Two Fire Department Command Vehicles, Capital Improvement Project.
5. Deleted.
Resolution #2015-02:
6. Approve Resolution Modifying Storm Water Fees for Chanhassen
Retail Fourth Addition (Noodles Site).
7. Approval of Temporary On-Sale Liquor License, Chanhassen Rotary Club, February
Festival, February 7, Lake Ann Park.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS:
None.
NEW BUSINESS: CONSIDER AMENDMENT TO CONSERVATION EASEMENT;
LOT 4, BLOCK 1, MINGER ADDITION; 2224 LUKEWOOD DRIVE; MICHAEL &
MEGAN MEYER.
Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this is
consideration for the homeowners requesting release of a part of the conservation easement in
order to construct a swimming pool on the subject property at 2224 Lukewood Drive. The
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Chanhassen City Council – January 12, 2015
subject property located here in yellow is Lot 4, Block 1 of the Minger Addition. The
conservation easement was put in place when this subdivision was created in 1994 and at that
time it was just a straight 50 foot easement around the, pretty much a 50 foot. Some areas are
30, around the perimeter of the property and then through the backs of the lots of the subject site.
The conservation predominantly was on the rear and at that time, as was the conservation
easement was constructed, it said that no structures were permitted in that area and in addition
tree removal and grading was also prohibited. The existing conditions on this, there is a swing
set in this area. Again that was done without permit and this isn’t the original owner of when
that went in. When this property was subdivided the original driveway going back to the
existing home followed along this line. Back in this area here so the conservation easement
currently has lawn and a play structure, a sandbox, a fire pit, an existing woods within it and
that’s in this area here. If approved the play structure and sandbox and the like would be
removed and the wooded area which, this area here which contains oaks, lindens, elms and ash
and maple would remain and again there’s several large oaks within this area outside of that. In
this area too so there are some significant trees. So the proposed area for the swimming pool to
go in, so this would be the location of the swimming pool is in an area that really is non-wooded.
It’s fertilized. It has hard surface coverage on it so with that, the staff felt that because it met the
impervious surface requirements and it wasn’t being impacted significantly with trees that the
staff felt that modification to the easement would be okay. Would be advisable. So we are
recommending that you approve the amendment to the conservation easement again with the
conditions that we stated and just a majority vote of the council is required and I’d be happy to
answer any questions you have.
Mayor Laufenburger: Thank you Ms. Aanenson. Council members, any questions of staff?
Councilwoman Tjornhom: I have one.
Mayor Laufenburger: Councilwoman Tjornhom.
Councilwoman Tjornhom: Kate when, generally when pools are put in I thought, what is the
rule when it comes to pervious versus impervious surfaces?
Kate Aanenson: The pool itself we don’t count. It’s just the decking around the pool that counts
towards the impervious. Not the, because the, part of what we do for water quality and quantity
is that the pool is actually holding water if it rains. It’s not dissipating it so we don’t count the
pool area itself. Just the decking around it.
Todd Gerhardt: The applicant…the impervious surface coverage.
Kate Aanenson: Yeah. Yeah, the 25 percent. I also did hand out to you, we did receive letters.
Some emails and so I did put those on your desk because they came in after the packet went out
so there are some people in support and someone that is opposed to the request also. So there
was two emails from neighbors in support and one visit and then an email phone call from
someone that was opposed.
Mayor Laufenburger: Councilwoman Tjornhom did you have another question at this time?
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Chanhassen City Council – January 12, 2015
Councilwoman Tjornhom: No.
Mayor Laufenburger: Okay, alright. Any other questions from council to staff?
Councilwoman Ryan: Mr. Mayor I have a question please.
Mayor Laufenburger: Councilwoman Ryan.
Councilwoman Ryan: In looking at the map I noticed that, I believe one that you showed with
an overview of the neighborhood. Is there a swimming pool to the west?
Kate Aanenson: Yes. There was an easement encroachment in this area here. When this house
originally came in there was some easements granted. Encroachment agreement for the house.
Easement, excuse me encroachment into the easement to get the house on there because there
were other significant trees to be saved and then a pool was granted for encroachment on that lot
here.
Councilwoman Ryan: And so when the developer came in and the City in 1994 established this
50 foot buffer, do we know why they put that in if they’re granting?
Kate Aanenson: Sure. Maybe I’ve got an additional slide here that might show some more
detail. This is the house when it first went in. Went into that easement area. Again as I stated
this is the original driveway kind of came through here. Kind of it was a little bit circuitous and
went to the, this is the original home for this area before it was subdivided so there was some
encroachment into that easement for the location of this house to preserve some trees. This one
was given a pool and this home down here, there was actually someone that removed some trees
and because that was significantly heavily wooded we actually had them replace the trees that
were cut down to put up a fence and they did apply to get a fence and that was denied because of
the significant amount of trees. Again the interpretation on this is there’s already a structure, or
the staff’s recommendation because there already is a structure there and the significant trees are
there, there’s no significant trees there. They’re on the other side of the lot that the staff felt
comfortable allowing the pool to go in at that location. This location excuse me.
Councilwoman Ryan: Okay, thank you.
Mayor Laufenburger: Any other questions from council?
Councilman Campion: But besides the trees in that conservation area, there was no other
targeted natural conservation?
Kate Aanenson: No. No. Again you know we don’t get a lot of requests so it’s not something.
You know we take each one on a case by case basis. We don’t get a lot of requests. Most of the
people that move into these areas, as we always advise people that are looking at wooded lots
and we had this conversation with the Planning Commission too when we’re looking at wooded
lots, if your desire is to have a sport court or something that you probably want to look at a lot
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Chanhassen City Council – January 12, 2015
that has not significant trees in the area. Again in this area where the pool’s going, no significant
trees will be removed and that was really the goal. For the preservation easement.
Councilman Campion: Okay.
Mayor Laufenburger: Any other questions Mr. Campion?
Councilman Campion: No.
Mayor Laufenburger: Okay. Kate, Ms. Aanenson I have a couple questions. Do we have any
other conservation easements in place in the city?
Kate Aanenson: Yes, on numerous subdivisions.
Mayor Laufenburger: Okay. So it’s common practice for a conservation easement to be in
place. Have any of them been amended before? You made reference that there was, even in this
area there’s an encroachment amendment. Is it reasonable practice for us to amend a
conservation easement?
Kate Aanenson: Again we always look at the practicality and look at, is there a rational basis to
do that and advise them that we wouldn’t support it or if we could support it and look at each one
on a case by case but we don’t have a rash of them.
Mayor Laufenburger: And it sounds like your reference to the property in this southeast area of
this Minger Addition, that these are easements that we watch over and we are, we’re the stewards
of these easements so we have to make good decisions about, especially when those easements
are violated without permission, is that correct?
Kate Aanenson: Yes. I think what we’ve learned too is the neighborhoods on that, the neighbors
in these subdivisions take ownership of that and that’s one of their source of pride is that they
have a nice. If you look at the aerial it is a heavily wooded subdivision. It’s a beautiful
subdivision and so that they take pride in that so often they might be this person that would call.
Someone in the subdivision saying someone’s trimming a tree. We want to make sure they’re
not clear cutting, those sort of things so I think the owners also take pride in that.
Mayor Laufenburger: Okay. Let’s see. Just a, I’m remembering some language in previous
council meetings. There was discussion about a preservation easement and a conservation
easement. Is there a distinction between that and is that a question that I should address to you
or?
Kate Aanenson: I would address it to the city attorney please.
Mayor Laufenburger: Okay. Mr. Knutson, can you weigh in on that? I know you’re not, I
didn’t give you a heads up on that but I think you’re always prepared for these sorts of questions
anyway.
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Chanhassen City Council – January 12, 2015
Roger Knutson: I hope so.
Mayor Laufenburger: Okay. Can you just, what’s the difference between a preservation
easement and a conservation easement?
Roger Knutson: The title isn’t as important as to what’s the substance of what the easement
says. Conservation easements are by statute. Preservation easements are not. Really the, the
real distinction is what is in the text of the easement. What are you protecting? How can it be
amended? That sort of thing.
Mayor Laufenburger: Okay, so then I should ask this question. We must also have preservation
easements in place in Chanhassen, is that correct Ms. Aanenson?
Kate Aanenson: That’s correct. That’s correct.
Mayor Laufenburger: Okay, alright. I realize that you know this council is learning a little bit
about this as we go along here.
Kate Aanenson: Yes.
Mayor Laufenburger: Is it in our authority, just a moment. Is it in the City’s authority to make
this amendment or do we have to go beyond the City Council to approve this amendment to the
conservation easement? Mr. Knutson.
Roger Knutson: The landowner has asked for your permission to do it and you are the grantor of
the, the grantee of the easement so yes I think it’s within your authority.
Mayor Laufenburger: Okay so we have been granted the easement by the original property
owner. That would be the Minger’s, is that correct?
Roger Knutson: Minger’s, that’s correct.
Mayor Laufenburger: So it’s in our authority to manage and control this easement and include,
including amending it.
Roger Knutson: Certainly. Someone can always challenge anything that you do but yes.
Mayor Laufenburger: Okay, alright. Thank you. Alright, any other question of staff? Okay,
Ms. Councilwoman Ryan.
Councilwoman Ryan: To your point Mr. Mayor, your question, so then do we also have the
authority to lift or change what is classified as a conservation area? Or who, what I’m getting at
is if many people along this road are going into the easement then does that say that that land
isn’t really a protected area. So do we have the authority then to change that classification of the
land?
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Chanhassen City Council – January 12, 2015
Roger Knutson: Not unilaterally. The landowner would have to agree.
Mayor Laufenburger: So we can’t act capriciously and arbitrarily. We can only, we have been
granted the stewardship of this easement. It’s our responsibility so the only thing that we can do
is if a, if a property owner comes to us and asks for an amendment to that easement, then we can
modify the easement. But I interpret this to mean that we cannot just say the easement
disappears and you can do whatever you want with your property, is that correct Mr. Knutson?
Roger Knutson: That is correct Mayor.
Mayor Laufenburger: Okay, alright.
Councilwoman Ryan: But about the conservation area. Not the specific property but that, the
whole area that I’m assuming it goes to the other side. I mean there’s homes on the other side of
that kind of grassland.
Kate Aanenson: Yeah this is the entire easement running along the northern perimeter. Running
along the easterly perimeter, southerly and then going to the backs of lots. That’s where the
easement runs so all we’re addressing is the one lot with the request tonight and that would just
be the amendment to that easement.
Mayor Laufenburger: On their property only. Okay.
Todd Gerhardt: Kate do we have a conservation easement on the Timberwood side of the
subdivision to the north?
Kate Aanenson: No, we do not.
Todd Gerhardt: Okay. I think that’s the question right? Mayor, council members. This is the
first amendment that we’ve made to a conservation easement. What we’ve kind of handled in
the past was encroachment agreements into conservation easements so we’re modifying our
practice. This allows the public an opportunity to come in and state their views on any
amendment that may occur so you may want to open it up for public comment and solicit any
input you may want on that.
Mayor Laufenburger: Okay, thank you Mr. Gerhardt. If there’s no further questions for staff at
this time, is the applicant present tonight and would he or she like to come forward and address
the council? And I would simply ask that you state your name and your address for the record
and then address your comments to the council. So step forward right by that microphone. That
little, pretend you’re Madonna and talk into the microphone.
Michael Meyer: Michael and Megan Meyer. We are the property owners at 2224 Lukewood
Drive here in Chanhassen. We did request the amendment. Originally we did actually request
an encroachment into the area. We worked with Jill Sinclair on that. Jill came out and took a
look at the property to make sure that we weren’t going to be taking down any trees or
encroaching on any of that area. We did that at the advice of our neighborhood from two doors
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Chanhassen City Council – January 12, 2015
down who did get an encroachment agreement a few years ago and were allowed to purchase
their, or to put their pool in. When our application for the encroachment agreement went in, we
heard back from Attorney Knutson that we couldn’t be granted the encroachment at which point
I actually contacted Councilman McDonald and through his guidance steered us towards this
direction so that’s kind of how we arrived here today requesting the amendment was through
attempting a couple other avenues and we weren’t able to do that so that’s kind of why we’re
here tonight.
Mayor Laufenburger: Okay. Alright. Any questions of the applicant from the council? Alright,
thank you very much.
Megan Meyer: Thank you.
Mayor Laufenburger: As Mr. Gerhardt has suggested I would now open this opportunity for
public comment. If there is any member, any public present we will invite comment on this
particular amendment. And if you’d like to if you step up to that same friendly microphone and
state your name and address please.
Ann Healy Allen: Good evening council members. My name is Ann Healy Allen. I live at 2250
Lukewood Drive. The property immediately to the west of the applicant and I thank you for the
opportunity to present comment tonight. Just first a little background on the property two doors
down with their pool. They did not do their due diligence when they purchased their property
and were not aware of the easement and had originally expected to put a large pool in the
northwest corner of their property. They weren’t the original owners. They didn’t build the
house and through the process they learned of the easement and through the process they ended
up with a smaller pool tucked up against their house to minimize the impact in this area and
encroaching trees and other things. So just some additional background to the history and the
precedence set by those actions as well as we’re talking about them here tonight. We bought our
home in, my family and I bought our home in 1999 after looking at probably more than 20
properties in the area and what attracted us specifically to this property was the natural beauty.
You feel like you’re in nature. It’s very wooded. There’s lots of wildlife. It reminded me of the
home that I grew up in and as we researched prior to making a decision to buy the project, buy
the property we discovered the conservation easement and that was a benefit to us to, knowing
that the natural beauty would be protected for all time. Forever basically is what the
conservation easement says. We learned of this project that our neighbors, and we love our
neighbors. They’re great neighbors in the few years they’ve been there they’ve been wonderful
neighbors and so we’re not opposed to them having a pool. We’re simply opposed to granting an
amendment into this conservation area for several reasons. As I said we learned about the
project when the postcard came in the mail. I think it was Monday of last week asking for
written comment the following day. It was difficult to get that done. The information provided
online was incomplete for us or any neighbor in the area I believe to make an informed and
knowledgeable decision about the project. The plan shown online did not include, did not show
the full conservation easement as it exists today. It only showed the area that they were
requesting be amended. It also did not show any required fence which is a requirement of any
pool so no one could visualize where that was at. Nor did it show any drainage that would be
addressed with this project. There’s a lot of flooding in the area and that’s a problem and in
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Chanhassen City Council – January 12, 2015
talking with the city staff I’ve learned that there is a plan for a, I forget the name for it. A
concrete ditch on the north side of the property to help deal with that. That’s not shown on the
drawings online either. Further there is no copy available in the link provided by staff nor
elsewhere that provides access to the actual conservation easement itself. The only information
about the conservation easement is the comment from staff that this request does not negatively
impact trees and therefore it’s being approved. That’s the only information when in fact the
conservation easement is much more broad reaching than simply dealing with trees. So for those
reasons I don’t anyone could make an informed decision on whether to support it or not. We
have gone forward and done, excuse me, additional research and we believe that as we said there
are conservation easements throughout Chanhassen and they’re provided for good reason. It’s
good environmental planning. They are not tree protection instruments only but they protect the
entire environment. The wildlife. The natural beauty and of course the trees. But they’re there
for good reason and they’re there for the good of all of Chanhassen. The residents of the
neighborhood and the residents that they impact beyond the immediate neighborhood. Certainly
approving this amendment would set a precedent. We’ve already been talking about the other
modifications that were made in the area and perhaps that makes people feel more comfortable
approving additional amendments so I think it provides an opportunity for creep into
amendments in this area and other areas. That’s my husband. Coming late from work. So I
think that’s a dangerous precedent to be setting by making this approval. As the plan showed
this impacts 17 properties in the Lukewood neighborhood. It’s not just about the Meyer’s. It’s
not just about us. It’s a far reaching and protects many aspects of the environment, specifically
reading some language from the easement itself, it grants quote, the City a permanent
conservation easement over, under and across the premises. In addition to protecting trees the
conservation, that was end quote after premises. Excuse me. In addition to protecting trees the
conservation easement states that quote, the following are prohibited in perpetuity on the subject
property. A quote, constructing, installing, or maintaining anything made by man including but
not limited to structures, buildings, and walkways. Certainly the pool, the concrete deck around
it and the fence would all violate this portion of the conservation easement. Second quote,
excavation or filling, end quote. The proposed in-ground pool requires, is large and requires
significant excavation and therefore violates this portion of the conservation easement as well.
Third quote, activity detrimental to the preservation of the scenic beauty, vegetation and wildlife.
There’s several varieties of wildlife that travel through this conservation corridor. Deer. Turkey.
Fox. Coyotes. We had a fawn born in my back yard. Mallard ducks come with their ducklings
and as you, you know if you would put up the sketch of the whole easement throughout the
neighborhood again please. You can see how it provides a corridor east to west, north to south
and all the way around for those wildlife to travel. Eliminating one section from that corridor is
really going to interrupt that travel of that wildlife. The proposed amendment also extends the
conservation easement farther than is necessary for the pool and deck design that is shown. I
don’t know if there’s an opportunity to show a drawing or, you should have a copy of it in your
packet as well. It looks like this.
Mayor Laufenburger: I think it was the.
Todd Gerhardt: You can lay it on the counter and the camera will zoom in on it.
Kate Aanenson: It’s on the screen right now.
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Chanhassen City Council – January 12, 2015
Ann Healy Allen: Actually this is different. This is provided in my packet. Is this a good place
to do that?
Todd Gerhardt: Put it right on top of that.
Mayor Laufenburger: Just a moment Ms. Allen. It is the council, it’s the document that’s part of
what was stapled and it’s the last page of that stapling. Just for reference if you could give us an
opportunity to see that.
Ann Healy Allen: Certainly, thank you. And so it is different than what’s provided by staff.
This was provided to me by staff when I visited her office on Friday. And you can see the
proposed pool in this area, as staff has mentioned. The conservation area which goes in this,
across this dotted line and over here, the northwest corner is larger than required by this
proposed plan. You can see here there’s 16.5 feet between the edge of the concrete deck and the
northern property line. The fence could be put right immediately to the north of the pool,
thereby not needing this extra northern space of 16 ½ feet. The whole pool project itself could
be moved down closer to the house as the neighbors did 2 doors down. Could be moved down
probably as far as 15 feet and that would provide another 15 feet at the north end that would not
need to be included with this amendment. If the amendment were approved as it is and then the
pool was shifted to the south, which may make more sense for drainage issues in the area
anyway, then you’ve got a large area to the north of the pool that anything could be built on.
There’s no longer a conservation easement in that area. I don’t know if these neighbors have
plans for a future property owner could put a storage facility there. A gazebo. Anything in that
area. And similarly we have the same condition to the west. Or the east rather of this. This line
here is what staff had said their drawing showed is where the proposed fence would be. But the
conservation easement goes all the way out here 8 ½ feet past where the fence would be so if this
amendment were approved as presented the fence could be moved adjacent to the pool or it could
be moved all the way to the west 25 feet from the pool and that allows a large area there again to
the east of the pool where any structure could be built. A beautiful art studio. It has wonderful
views for that. It could be a wood working shop. A storage facility. A gazebo. The sky would
be the limit in that area. So I think the area shown in this amendment is certainly much larger
than what would be required to put the pool in the northwest area of the lot.
Mayor Laufenburger: Any other comments Ms. Allen?
Ann Healy Allen: Yes, thank you. Just a little bit more. And then lastly the pool, it is a large
design. It’s 62 feet in length, which is pretty large. Just to put that in perspective the distance
across the back of their home is 54.5 and it includes kitchen, bathroom, you know all the living
space across the back so it is a large design. But having said that you could still fit it here in the
hash marked area and not require any amendment to the conservation easement. There is some
wooded area here that’s not protected by the conservation easement but I don’t think we have
any survey of what trees are in there or where they’re located. When I view the property, or is
there a survey?
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Chanhassen City Council – January 12, 2015
Kate Aanenson: No but the City Forester did look at that and it was her recommendation that
there are some significant trees still outside of that and by the construction as shown on that
drawing would impact some of those trees by the time you dig so that was her concern with that
location.
Ann Healy Allen: And I think if that’s…trees and construction are a concern then we need a
specific survey that shows where those trees are located. I went and looked at the property and it
looked to me like most of this southern area is inhabited by buckthorn, which is an invasive
species. What I saw was a tree in this area here near this X which was planted by the previous
owners a year or two before these owners moved into the property and then a similar sized tree a
little bit larger over in this area that would be outside the easement and then I saw 2 trees in this
area that appeared to be just inside the easement. Again it was not an official survey but it didn’t
seem like there were any right there that would be…
Kate Aanenson: Sure and I can only go by the comments that the City Forester made and she
felt that there were several large trees outside of the easement that would be impacted. Not
buckthorn type, no.
Ann Healy Allen: And if trees are going to be impacted by construction then we should consider
all trees that would be impacted by the construction. In this plan, in the plan shown by staff it
doesn’t look at trees outside of the Meyer’s property. We in fact have 5 trees along this property
line. One possibly two that are within the conservation easement and would be negatively
impacted by any excavation and compacting and traveling of heavy equipment. Those types of
things so those should be surveyed, positioned and information should be provided on what the
impact of this pool would be on those as well. There may also be some up in this area in the
property owner to the north in Timberwood that could be affected by this construction as well.
So in summary I think there are several reasons to vote against this amendment. It does not need
to be as large as it is shown in this area. It does not take into consideration the impact on trees
around it. And finally the conservation easement in 3 key areas. Excavation, man made
structures, and the preservation of the natural beauty and wildlife of the area. Removing this
section from the conservation easement would negatively impact the wildlife that travels around
that corridor and around the entire area and have impacts beyond just myself and our
neighboring property owners. So thank you for your time. Any questions?
Mayor Laufenburger: Thank you Ms. Allen for your preparation and your diligent work on this
behalf and your willingness to stand in front of that microphone. I know that can be
intimidating. Thank you very much.
Ann Healy Allen: Thank you.
Mayor Laufenburger: Any questions of staff as a result of the comments from the public?
Before that, is there anybody else that would like to speak from the public? Please step to the
microphone and state your name and address please.
Jeff Cobb: My name is Jeff Cobb. I am actually here to represent the contractor. I’m not a
resident of this fabulous city but.
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Chanhassen City Council – January 12, 2015
Mayor Laufenburger: State your name and address again please.
Jeff Cobb: Jeff Cobb. I live in St. Michael. 404 Elder Avenue, St. Michael.
Mayor Laufenburger: Okay, thank you Mr. Cobb.
Jeff Cobb: One thing I should commend. Congratulations on your new position by the way. I
should commend the city because this is the toughest city by far to construct a swimming pool in.
There’s been a lot of other cities that actually have carbon copied you guy’s kind of model so
you know good for you guys. Mr. Gerhardt I think is correct when he stated before that you
guys are looking at the proper avenue for allowing a homeowner now versus the neighbor a
couple houses down that went through the other process to try to put his pool in so I truly believe
from a contractor’s point of view you guys are approaching this the proper way to allow this
homeowner to enjoy their you know private property rights. However I don’t know the
neighbors, I haven’t met them yet. I have nothing against them. She’s got some valid points
however this really comes down to this homeowner trying to accomplish enjoying private
property rights. There will be silt fence installed along the property lines. There’ll be no trees
on their property that will be affected. We looked at all different kinds of avenues on where to
put this pool and it will not go in the side ways. When you construct a pool and you do any
excavation you need to stay outside of the drip line of any tree because there’s roots. There’s
things that will damage that tree down the road so you don’t even want to travel across these
roots so this is, this is what these homeowners are requesting is that location that is in there. I
think the due process with Jill and the other engineers and people in the city here that have gone
through this process are, have really understood this and looked at this and it’s conforming with
the neighborhood in my opinion when you look at two houses down with another one. She
brought up, the neighbor here brought up some drainage issues. Fencing issues. There is a
drainage plan that was applied for during the permit process and that during the construction and
inspection process is when all of that gets dealt with and will be obviously taken care of
properly. I’ve been doing pools for 28 years. It’s my profession and I mean to please this
homeowner and I usually try to get everybody in the neighborhood so happy they put a pool in
too so if you have any other questions I’m open.
Mayor Laufenburger: Thank you Mr. Cobb. Any questions? Mr. Campion.
Councilman Campion: I have one. You mentioned the fence that would be going in. Can you
say a little bit more about that?
Mayor Laufenburger: I think you were referring to a silt fence during construction, is that
correct?
Jeff Cobb: Silt fence, yep. Yes.
Councilman Campion: So just during construction.
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Chanhassen City Council – January 12, 2015
Jeff Cobb: Yeah. That silt fence is put in place so that any silt or dirt, soil, if it downpours does
not damage any other property other than this property in the construction zone area only. As far
as permanent fence, that is applied for as well and that is put up and installed and that’s when the
silt fence comes down when the yard’s finalized and the permanent fence is put up at that point.
Councilman Campion: Okay.
Mayor Laufenburger: Any other questions at this time? Mr. McDonald.
Councilman McDonald: Question. Thank you for addressing the suggestion of orienting the
pool east/west and the reasons why we can’t do that. On the north/south axis is there a reason
why the pool couldn’t shift to the south?
Jeff Cobb: Well I mean it could move a foot or two, 10 feet either way but we have setbacks
from the home. We have setbacks from side property. Rear property lines that need to be met
and all of them would be met once this conservation easement is vacated in this area where
there’s no trees. That was a driveway in the past for this old farm property.
Councilman McDonald: Okay, thank you.
Kate Aanenson: I just have a question on the setback from the house. What setback from the
house were you talking about?
Jeff Cobb: There’s a minimum setback from the footings of the house to the footings of the
pool. It’s a minimum of 10 feet.
Mayor Laufenburger: Is that, that’s part of our city ordinances is that correct?
Kate Aanenson: Correct.
Jeff Cobb: It’s pretty much standard, blanket in the state.
Mayor Laufenburger: And this new plan does comply with that Ms. Aanenson?
Kate Aanenson: It’s in excess of 10 feet.
Mayor Laufenburger: It complies in that it’s more than. It’s at least 10 feet.
Kate Aanenson: Yes, that’s correct.
Mayor Laufenburger: Okay. Alright. Okay.
Councilwoman Tjornhom: I have.
Mayor Laufenburger: Yes, Councilwoman Tjornhom.
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Chanhassen City Council – January 12, 2015
Councilwoman Tjornhom: Excavation was brought up and so perhaps you Mr. Cobb or Kate can
talk about the plan for excavation. I know that you know obviously there’ll be a hole dug and
that excess dirt will have to go somewhere. Fill probably brought in so what is the plan for that?
Jeff Cobb: All of that is addressed during the permit process as well.
Councilwoman Tjornhom: Okay.
Jeff Cobb: And that will be through the inspection process. You know and all that will be taken
care of during that time.
Councilwoman Tjornhom: So at that, during the construction of the pool we will have inspectors
coming out to make sure that everything is being complied with when it comes to what we
require?
Jeff Cobb: Yeah this, and definitely the inspectors you have here do not let anybody get away
with too much you know so you should commend them.
Mayor Laufenburger: Ms. Aanenson, maybe you can clarify for us. The only action that we’re
concerned about tonight is the modification to the, or the amendment to the conservation
easement. Anything that comes along regarding construction of the pool, that’s not being
addressed at this time, is that correct?
Kate Aanenson: Right although there’s some sort of a nexus between the two but yes. That’s
what the request is for tonight is to amendment. To amend the.
Mayor Laufenburger: Correct but the builder’s compliance with the city ordinances, that will be
dealt with through the building permitting process, is that correct?
Kate Aanenson: Correct.
Mayor Laufenburger: Okay. Okay. Alright, thank you Mr. Cobb.
Councilwoman Ryan: Mayor?
Mayor Laufenburger: Oh excuse me. Councilwoman Ryan.
Councilwoman Ryan: Two questions, and maybe Ms. Aanenson you can help. So if the setback
minimum is 10 feet, I couldn’t find the numbers on here. Where are we at?
Todd Gerhardt: 18 feet.
Councilwoman Ryan: 18, okay. And then you mentioned about the drip line and that’s why
you’d be unable to orient the pool east/west. Have you looked at the drip line for the set of trees
that was mentioned prior on the neighbor’s property?
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Chanhassen City Council – January 12, 2015
Jeff Cobb: They will not be affected because we are, we’re 12, 11.5 feet on that neighbor’s side.
They won’t be affected.
Councilwoman Ryan: Thank you.
Mayor Laufenburger: Thank you Mr. Cobb. Ms. Allen, did you have another comment or
question?
Ann Healy Allen: I do.
Mayor Laufenburger: And just ask that you keep it brief if you can alright.
Ann Healy Allen: Yes certainly. First of all the setback was mentioned at 18 feet which is the
distance from here to here when in fact the setback is I believe is to the edge of the pool, not the
edge of the concrete.
Kate Aanenson: That’s, yeah.
Ann Healy Allen: So you would have, you’d have 18 plus 13 that you could move the pool in
the southerly direction and still meet the setback requirement. Is that correct?
Mayor Laufenburger: I read, I don’t read it that way Ms. Allen. I read that the edge of the pool,
if in fact the setback requirement is 10 feet and right now according to this it’s listed at, is it 12
Ms. Aanenson? Is that correct? And then you talk about another 18 feet so it can’t move 30
feet.
Kate Aanenson: This distance right here, if I may is 18 feet. This decking right here is arbitrary.
Oh, sorry.
Mayor Laufenburger: Yeah, thank you very much.
Kate Aanenson: Thank you. So this distance right here is 18 feet.
Mayor Laufenburger: Yes.
Kate Aanenson: This concrete deck is an arbitrary. That’s the concrete patio around the
decking. That could be a lot narrower. You know that’s really the designer’s choice for what
they want for decking around the pool.
Mayor Laufenburger: Okay.
Kate Aanenson: Okay, so I think that’s the question is if, if the pool itself have to be the 10 foot
separation. There is flexibility in that separation from the house. If that’s how you’re
understanding.
Ann Healy Allen: Yes, that’s my understanding.
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Chanhassen City Council – January 12, 2015
Kate Aanenson: Yeah, right.
Ann Healy Allen: That it could move to the south.
Kate Aanenson: Because you have a concrete patio here and another concrete patio here so that
separation, here you’re going to be closer but if you’re taking it from this back then it would be
the back of the house.
Mayor Laufenburger: I think I’m confused Ms. Aanenson. Is the 10 feet setback from, you
place your red dot over a little bit.
Kate Aanenson: That’s the edge of the pool.
Mayor Laufenburger: Yeah, yeah.
Kate Aanenson: Okay, this is just concrete decking.
Mayor Laufenburger: Yep.
Kate Aanenson: This right here so that’s.
Mayor Laufenburger: So where does the 10 feet begin?
Kate Aanenson: From the footings of the house.
Mayor Laufenburger: Okay, so those footings that you’re at right now?
Kate Aanenson: Yes.
Mayor Laufenburger: Versus the footings over on that.
Kate Aanenson: There is a footing over here too so there’d be a separation of 10 feet that way
and 10 feet.
Mayor Laufenburger: Yeah. Oh there’s clearly 10 feet there, yeah.
Kate Aanenson: Yes, so I’m saying.
Mayor Laufenburger: So realistically if the distance from the edge of the, if the edge of the pool
to the edge of the concrete is, let’s call it 12 feet and then the edge of the existing concrete to the
footing where the pool equipment appears to be identified, that could be moved to within 10 feet
of that and still be in compliance with the setback?
Kate Aanenson: Correct. So you’ve got some flexibility here and some on, so some on the west
side and some of the north side there.
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Chanhassen City Council – January 12, 2015
Mayor Laufenburger: Okay.
Todd Gerhardt: So it can move south 21 feet.
Kate Aanenson: Something like that, yeah. You’d just reshape the existing patio.
Mayor Laufenburger: Sure.
Todd Gerhardt: Because you’ve got at least 10 feet difference from the concrete patio to the
pool.
Mayor Laufenburger: Thank you Ms. Allen.
Ann Healy Allen: Thank you. Just one other comment concerning the trees. Our, the drip line
of our trees does extend well beyond the 11 feet between the pool structure and our property line.
It goes well into the middle of the pool structure here so that would be worth considering as well.
Thank you.
Mayor Laufenburger: Thank you.
Jeff Cobb: Can I speak again please?
Mayor Laufenburger: You get the last word Mr. Cobb and make it brief please.
Jeff Cobb: There is each individual homeowner has air rights on their property. Their trees do
not.
Mayor Laufenburger: Just a moment. Is that true Ms. Aanenson?
Kate Aanenson: I’ll let the City Attorney address that question.
Mayor Laufenburger: Mr. Knutson, is that true? We have air rights?
Roger Knutson: I’m not sure what he’s talking about. You own.
Mayor Laufenburger: The vertical.
Roger Knutson: Yes, above.
Mayor Laufenburger: Okay, alright. Very cool. Alright, so continue Mr. Cobb.
Jeff Cobb: And these trees do not go anywhere near their pool concrete excavation site.
Mayor Laufenburger: Well there seems to be some disagreement on that but I’ll accept
comments Mr. Cobb.
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Chanhassen City Council – January 12, 2015
Jeff Cobb: Feel free to talk with whoever’s been on the site that’s been at the city, or Jill and
whoever else been out there.
Mayor Laufenburger: Alright, thank you Mr. Cobb. Any other member of the public that would
like to speak to this at this time? Okay. Let’s bring it back to council here for a second. Any
questions for staff as a result of the public comment?
Councilman McDonald: Mr. Mayor.
Mayor Laufenburger: Mr. McDonald.
Councilman McDonald: Currently on the site Ms. Aanenson is a swing set that evidently takes
up a large portion back there. Is that concrete, gravel or what’s the surface of that particular
structure?
Kate Aanenson: It’s my understanding that’s concrete.
Ann Healy Allen: It’s not. It’s gravel.
Todd Gerhardt: No.
Kate Aanenson: Gravel, which we consider hard surface coverage.
Councilman McDonald: Okay. If we move the pool back we don’t affect the play set then, is
that right?
Kate Aanenson: Correct and that was some of the rational basis that the City Forester looked at
in location of, or amending the conservation easement is because this, we consider this a hard
surface coverage. Compacted gravel as hard surface so we’re saying that’s already been
impacted by hard surface coverage in that area.
Councilman McDonald: Okay so, and if we go and put the pool in where it’s currently planned
for, at that point that area would go away as a part of putting the pool in, is that correct?
Kate Aanenson: Correct. Except that it’s not going to go all the way to the edge. This looks
like it goes closer to the edge. The pool doesn’t go that far back.
Councilman McDonald: Right but the hard surface area, then the gravel and everything, would
that be part of what’s excavated out of there?
Kate Aanenson: We would recommend that be removed, yes.
Councilman McDonald: Okay, so then at that point we end up regaining roughly, what is it? 10
feet. A little bit more than 10 feet so we regain that area back into the pathway toward the back
of the property then.
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Chanhassen City Council – January 12, 2015
Kate Aanenson: A portion of that, yeah.
Councilman McDonald: A portion of that.
Kate Aanenson: Because some of it’s going to go further to the, further to the west.
Councilman McDonald: Okay so I don’t know, if the square footage might be equal or greater
than.
Audience: That area’s not currently fenced however.
Councilman McDonald: Well the fence isn’t going to extend all the way to the edge of the
property line either. I haven’t heard anything that says the fence is going to extend all the way
back and there’s no requirement that it would go that far back either.
Ann Healy Allen: There’s a sketch of it in this drawing.
Mayor Laufenburger: Let’s do this. Ms. Aanenson, did you have another question Mr.
McDonald? At this time.
Councilman McDonald: Well I guess I’m getting toward what my point is but go ahead.
Mayor Laufenburger: Ms. Aanenson can you just clarify for us, what is the action that is before
the City Council tonight?
Kate Aanenson: Your action is to consideration of amending the conservation easement.
Mayor Laufenburger: Okay. And the, and our consideration is either to accept or deny the
amendment as it’s presented, is that correct?
Kate Aanenson: That’s correct.
Mayor Laufenburger: So it’s not in our responsibility or our approved action tonight to re-design
the features of this amended easement, is that correct?
Kate Aanenson: That’s correct.
Mayor Laufenburger: Okay.
Kate Aanenson: Can I qualify that in just saying.
Mayor Laufenburger: Sure you can.
Kate Aanenson: You could modify the amended amount that you’re looking at. The amendment
to the conservation easement, you could modify that.
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Chanhassen City Council – January 12, 2015
Mayor Laufenburger: Okay. Could it also be that we would request staff to work with the
applicant to bring back a modified amendment to the east, is that also a possibility?
Kate Aanenson: Yes.
Mayor Laufenburger: Mr. Knutson is that a possibility?
Roger Knutson: Yes.
Mayor Laufenburger: Okay, alright. Okay now Mr. McDonald, do you want to continue with
your question? I just needed that clarification on what’s our responsibility tonight.
Councilman McDonald: Well I think having said that, there is no point in going forward. It’s
just we either accept it or we ask that it be modified. Then it makes absolutely no difference at
that point what happens to anything else or where the distances are so it’s pointless to ask those
questions so I would yield.
Mayor Laufenburger: Okay. Anybody have any other, or any council members have a question
of staff as a result of the applicant? I do Ms. Aanenson. There was mention of the placement of
a concrete ditch. Do you know anything about a concrete ditch out on the north side of the
property or running through into the north side of the property?
Kate Aanenson: No, I think there was just some concerns about drainage from, that again we
weren’t here to discuss all those issues regarding that but that was some of the concerns that
were brought up.
Mayor Laufenburger: Okay. Let’s see.
Todd Gerhardt: Mr. Mayor, I think they talked about a drainage swale on the west side of the
pool is what I think the property owner was talking about.
Mayor Laufenburger: Okay, alright. And that swale could be concrete. It could be hard surface.
It could be even just a depression.
Kate Aanenson: Correct, correct.
Mayor Laufenburger: Alright, okay. Well I guess I would open up for any council comment at
this time.
Councilwoman Tjornhom: Mr. Mayor.
Mayor Laufenburger: Councilwoman Tjornhom.
Councilwoman Tjornhom: Thank you. I believe Mayor Laufenburger brought up the point twice
tonight about what we were really here to do and that is to decide whether or not to grant or to
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Chanhassen City Council – January 12, 2015
allow the amending of this conservation easement and my question I usually ask when it comes
to these circumstances is the request reasonable and I believe Ms. Aanenson said that you know
she believed it was because of the practicality of it all and I’m very leery of taking someone’s
backyard and redesigning it especially when it’s their backyard and it’s their private property and
so I believe that leaving this the way it is would be a mistake. Granting them the easement is the
right thing to do. They have a right to enjoy their property at a reasonable level and so I will be
in favor of granting this request.
Mayor Laufenburger: Okay, thank you Ms. Tjornhom. Any other comment or, from council?
Mr. McDonald.
Councilman McDonald: Yes Mr. Mayor. I think as the applicant said I was contacted about this
and I did give advice as to what to do and basically the reason I gave advice is that we come up
with a lot of these where people do not ask the City. They act and then we’re forced to react or
we’re forced to do something and I do applaud the applicant because again I suggested that he
work with staff and try to come up with a plan that would be acceptable and it sounds as though
he did that so I thank you for doing that. Having said all that, well I have to address the issue. I
mean the biggest concern that the neighbors to the west have got is that it’s going to upset kind
of the balance of nature. Well I’ll tell you I’ve seen enough of these within Chanhassen that
whatever man does it does not upset the balance of nature. Deer will still go through there.
Turkeys will still go through there. Wildlife will adapt. They always do and it will be back to
the way it always was. I think that I do agree with the premise that again it’s private property
and as much as possible a person should be able to enjoy their property. This is a good
compromise in the fact that if they go in any other direction that they would legally be allowed to
go in, you’re going to lose a lot of trees down there and I think that will impact wildlife a lot
more than putting in a pool. So I too would be in favor of accepting this and moving forward
again with this so I will be voting for it Mr. Mayor.
Mayor Laufenburger: Alright. Thank you Mr. McDonald. Any other comment?
Councilwoman Ryan: Mr. Mayor I’ll make a comment please.
Mayor Laufenburger: Councilwoman Ryan please.
Councilwoman Ryan: I struggled with this when I first read it, about it in the packet. I did go
and visit the site and just looking at the land behind your homes. I know it is not very wooded
but it is grass and understanding the views from both of your property and what you like to do
with your property. I definitely respect the rights of private property owners and what you do to
your land. However in this case I feel like we are setting precedent to grossly encroach a
conservation easement. I would be, before making a final decision on whether or not a pool goes
in or what you choose to do with your property, I would be in favor of a modification of this
amendment and somehow redesign to bring it closer to the house to have less of an impact on
this conservation easement so my recommendation would be a modification of the amendment or
I will not be able to vote in favor. Thank you.
Mayor Laufenburger: Thank you Ms. Ryan. Any other comment?
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Chanhassen City Council – January 12, 2015
Councilman Campion: Yes, I’ll comment Mr. Mayor.
Mayor Laufenburger: Mr. Campion.
Councilman Campion: I agree with many of the comments made by Councilwoman Tjornhom
and Councilman McDonald. I believe that this is a sensible proposal. As they have it laid out I
believe it has the minimal amount of impact to the trees in the area and thus the least amount of
impact on the wildlife. I will be supporting the amendment as proposed.
Mayor Laufenburger: Alright, thank you Mr. Campion. Well it’s quite interesting. This
amendment has taken on great magnitude for a couple of reasons. First of all this is the very first
council meeting of this new council and what you’re seeing is a result of everybody wants to be
very, very, hopefully very smart and very intelligent and very responsive regarding this so
there’s a lot of detail that’s been paid attention to and I think that’s good because that sets the
stage for how we will deal with these issues in the future. Let me again say that I’m pleased to
have the Meyer’s as residents of Chanhassen. It sounds like they have great plans for their
family. Their, is it a daughter, is that correct? And I applaud the Allen’s for doing the research
that was necessary to speak your view as well. I still have to come back to what, the question
that I asked Ms. Aanenson and that is that this council, we can’t make a decision about what this
pool design looks like. We can make suggestions and we can encourage the proper placement of
the pool to do the least amount of disruption to the grass space or to the conservation easement
but if we were to grant this easement then we are essentially granting the Meyer’s the ability to
do what they choose to as long as it complies with our ordinances with that property that is in the
easement as it’s described. Is that correct Ms. Aanenson?
Kate Aanenson: That’s correct.
Mayor Laufenburger: Okay. So I think that the, in this case based on, I would agree with Mr.
McDonald that for the most part what man attempts to do to maybe disrupt nature, nature has a
way of overcoming that. I’ve noticed that in previous properties that I’ve owned. As much as I
tried to put a fence to deter deer from eating in our garden, they would find a way in there
anyway so I think that the animals, the critters, those critters, they will find a way to make use of
the land that’s available. So I would, I think that it’s important that we, we understand and
acknowledge that the property owners have come to us following our process, albeit very
constraining for Mr. Cobb and apparently the reputation that Chanhassen has but we do that for a
reason. Because we want to make sure that we’re protecting that which we have in Chanhassen
so with that being said, is there a motion?
Councilman McDonald: Mr. Mayor.
Mayor Laufenburger: Mr. McDonald.
Councilman McDonald: Make a motion that the Chanhassen City Council approves the
amendment to the conservation easement for 2224 Lukewood Drive.
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Chanhassen City Council – January 12, 2015
Mayor Laufenburger: Is there a second?
Councilman Campion: Second.
Mayor Laufenburger: Thank you Mr. Campion. We have a valid motion. Is there any
discussion?
Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City
Council approves the Amendment to the Conservation Easement for 2224 Lukewood
Drive. All voted in favor, except Councilwoman Ryan who opposed and the motion carried
with a vote of 4 to 1.
Mayor Laufenburger: Thank you Ms. Aanenson. Thank you public.
COUNCIL PRESENTATIONS.
None.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: Well I’d just like to publicly recognize Mayor Laufenburger for his appointment
to the Transportation Advisory Board. We are looking forward to his leadership on that board as
they review plans for the upcoming year for a variety of public road projects. And also Mayor
Laufenburger and I will be hosting the 112 Easterly Carver County Leaders meeting here Friday
morning at 7:30. This is where mayors and administrators meet with 112 Superintendent Bauck
and his staff to talk about collaboration and upcoming projects in and around the area. All the
mayors and city managers from Carver, Chaska, Victoria attend that meeting so we’ll be hosting.
That’s all I have.
Mayor Laufenburger: Thank you Mr. Gerhardt. I just would like to acknowledge that we have a
new City, Assistant City Manager joining us for the first council meeting. No reflection that Mr.
Gerhardt didn’t make any mention of this Chelsea but.
Chelsea Peterson: Thank you for acknowledging me Mr. Mayor.
Mayor Laufenburger: We’re pleased to have Chelsea Peterson join us as Assistant City
Manager. We look forward to a long and wonderful relationship so thanks for joining us
Chelsea.
Chelsea Peterson: Thank you very much.
Todd Gerhardt: Yeah, thanks Chelsea.
Chelsea Peterson: Thanks boss.
Todd Gerhardt: The last one wasn’t like that.
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Chanhassen City Council – January 12, 2015
Mayor Laufenburger: Also just regarding administrative presentations, over the next couple
weeks I’ll be meeting with each of the individual departments. Department heads and
departments just to introduce myself and make sure they get a chance to see my face so I look
forward to that.
CORRESPONDENCE DISCUSSION.
None.
Councilwoman Tjornhom moved, Councilwoman Ryan 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 8:35 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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