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CC 2016 09 12 CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 12, 2016 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, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Paul Oehme, Kate Aanenson, and Todd Hoffman PUBLIC PRESENT: Linda Boerboom 8261 West Lake Court Kari Davis 8200 West Lake Court Jennifer Simon 8221 West Lake Court John Lorence 2195 Lake Harrison Road Stephen Jones 8260 West Lake Court Steve Wanek 6615 Horseshoe Curve Emily Mattran 8210 West Lake Court James Duffey 8241 West Lake Court Mayor Laufenburger: Well good evening ladies and gentlemen and welcome to this council meeting. We’re happy to have all, those of you that are present in the council chambers as well as those of you that are watching on Mediacom cable channel at home or streaming live through your device, either mobile or permanent anywhere where you may be so welcome to Chanhassen City Council. Council members first item on our agenda is the agenda itself. Are there any modifications to the agenda? And if not we will proceed with the agenda as printed. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated August 22, 2016 Resolution #2016-57: 2. Approve Temporary Driveway Access through City Property with Zwiers in Conjunction with the CSAH 61 Improvement Project. Chanhassen City Council – September 12, 2016 Resolution #2016-58: 3. 2017 Street Rehabilitation Project: Authorize Preparation of Feasibility Study. 4. Consider Grant Proposal for Redevelopment of Chick-fil-A Site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: I failed to note earlier that all members are present this evening. Nice to have a full, 100 percent quorum. VISITOR PRESENTATIONS. Mayor Laufenburger: Visitor presentations is a time when anyone wishing to address the council on a matter that is not on the agenda this evening, you may step to the podium stating your name and your address for the record and we will ask that you will speak directly to me and I’ll direct your questions to others as necessary so is there anybody in the council chambers that would like to speak at this time? You’re welcome to step up to the podium. Somebody’s going to be first here. Jennifer Simon: I’ll go first. Mayor Laufenburger: There you go. I like your boldness. Jennifer Simon: There you go. Mayor Laufenburger: Just state your name and your address if you wouldn’t mind. Jennifer Simon: Yes, Jennifer Simon. I live at 8221 West Lake Court. Mayor Laufenburger: Nice to have you here Ms. Simon. Jennifer Simon: Thank you. Mayor Laufenburger: What would you like to address the council on this evening? Jennifer Simon: Me as well as many of my neighbors have come tonight to bring to your attention what happened at the most recent park and rec board with regards to the archery range at Lake Susan. Mayor Laufenburger: Okay. Jennifer Simon: We are rather upset that there was a recommendation going into last meeting to permanent close the archery range at Lake Susan and it was ignored at the meeting which we 2 Chanhassen City Council – September 12, 2016 find deplorable to be quite honest. When we look at the city statute or the city code, excuse me, you can see right that this Chanhassen defines firearms to include bows and arrows. If I live in my, or any one of us in our property cannot legally shoot a bow and arrow in our own yards because we’d be in violation of the city code but yet the archery range is allowed to operate 150 yards from our property lines. 150 feet and then it’s 350 feet less than what’s required by statute in order to have permission or to get a permit to shoot a bow and arrow. So we can’t shoot an arrow in our own yard but now we’re subjected to the harm that can possibly come from it. It’s very disturbing especially when you consider the amount of children and animals and all of us that live there in that yard and we’d never ever see an arrow coming and cause not only injury but harm and death to us. It’s baffling that the park and rec was able to continue with looking and exploring options to keep the archery range open. I think it’s quite clear that they were not advised by City Council or by the city attorney because had they done that and actually did some research into the law they would know that there’d be no immunity to them because we are talking about a dangerous, harmful peril that can happen and it would be a nuisance right and I think the law’s actually really well established not only in Minnesota but across multiple states and jurisdictions that if anything were to happen to us, the City would be liable so being residents the last thing I want to do is pay for insurance or pay for a claim that arises out of a harm that we could have prevented. Mayor Laufenburger: So Ms. Simon my interpretation is that you would advocate on behalf of closing the archery range, is that correct? Jennifer Simon: Yes. 100 percent closure. Mayor Laufenburger: Okay. How long have you lived in the community Ms. Simon? Jennifer Simon: I’ve been at that address for a little over a year now. Mayor Laufenburger: Okay, good. Jennifer Simon: I have one small child who’s 5. I have a neighbor who has 4 small children under the age 4. We are outside in that yard, in our front yards and walking up and down that street every day, multiple times a day. I work from home. I’m up and down the street all the time with my dog. If something were to happen, if an arrow was to come over the top of these trees you would not be able to see it. There’d be no warning. It would come out of the blue and it could be catastrophe. I mean it’s a dangerous condition. I mean the city code defines bows and arrows as a firearm. Could you imagine yourself having a firearm range in your back yard? 150 feet from where your kids play. 150 feet from where your family barbeques. 150 feet from where your animals play. 150 feet from where you have your morning coffee. If a bullet came hurtling through your back yard and hit you, it’s the same thing with a bow and arrow and that’s what we’re talking about here. Mayor Laufenburger: Okay, thank you Ms. Simon. 3 Chanhassen City Council – September 12, 2016 Jennifer Simon: Thank you. Mayor Laufenburger: Thank you for being bold and speaking at the microphone. Jennifer Simon: My pleasure. Mayor Laufenburger: Okay. Is there anybody else that would like to speak at this time? Stephen Jones: Yeah my name is Stephen Jones. I’m at 8260 West Lake Court in Chanhassen. I’m a neighbor of Jennifer’s. Mayor Laufenburger: Welcome Mr. Jones. Speak your mind. Stephen Jones: Thank you. Nice to see you. Really it boils down to moving it somewhere else that’s a better spot. The safety of course is huge. It’s convenient. It’s a nice little place to go and it’s not often very crowded compared to the other ranges around the city here, or not this city. You know the Cities. So we just have to move it because I just need you all or anybody in here raise your hand if you’re okay with an arrow sticking down in the ground or driven into a wood pile which is where I found mine which is kind of what started this whole thing so. Mayor Laufenburger: So again I’m going to interpret your words that you would be an advocate for closing or moving the range is that correct? Stephen Jones: Move it. It’s got to be moved somewhere safer. Mayor Laufenburger: Okay, and Mr. Jones how long have you lived in the community? Stephen Jones: Two and a half years. Mayor Laufenburger: Okay. Wonderful. Stephen Jones: Maybe longer. Mayor Laufenburger: And do you have children as well or not? Stephen Jones: I do. In fact my daughter found the arrow in the back yard so that was enough for me to just get pretty shook up and you know, it’s where else could it have come from you know so. Mayor Laufenburger: Sure. Stephen Jones: But I still am waiting for anybody to raise their hand if they’re okay with having. 4 Chanhassen City Council – September 12, 2016 Mayor Laufenburger: Don’t interpret our lack of response. This is a time for visitor presentations so your question is noted and appreciate your passion about this. Stephen Jones: Great, thank you for your time. Mayor Laufenburger: Thank you Mr. Jones. Is there anyone else present that would like to speak? James Duffey: Hello, my name is James Duffey, 8241 West Lake Court. Just to answer your first question, been there almost 11 years. Mayor Laufenburger: Okay. James Duffey: I would like to same opinion as Ms. Simon and Mr. Jones. I’m in favor of either moving it or permanently closing it. At the first initial park and rec meeting Todd Hoffman mentioned that he thought the arrows were ending up in our neighbor’s yards due to accidental release. That when the archer is pulling back the bow with the triggers that are apparently they’re very sensitive and it would accidentally fire. But the orientation of that, the range runs perpendicular to Powers Boulevard. The arrows that are landing are parallel to Powers Boulevard so the only way that they could be is if the person is facing 90 degrees away from the target. Mayor Laufenburger: Sure. James Duffey: Back when I was a boy or a cub scout we learned how to fire bow and arrow and it was your aimed the arrow at the ground and as you raised it up you released so safety, archer safety in the latest Chan Villager where they described this they, all the archers were saying how they want to be safe and all that. Well arrows would not be ending up in our yards if they were practicing bow and arrow safety so. Mayor Laufenburger: Well Mr. Duffey if I may speak to that. I think it’s reasonable to come to the conclusion that you did. I think it’s also reasonable to come to the conclusion that Mr. Hoffman did. The truth is we don’t know how it is that they got there but it’s not unreasonable to consider that both of the situations occurred. Most importantly I would say that yes, your City Council is concerned about public safety including the public safety that has occurred in and around our parks so. James Duffey: And just one final point then I’ll be done. The distance between the firing line and the back yards is equal to or even less than the distance to Powers Boulevard so it’s not just the people that are walking our dogs and our kids in the neighborhood that are aware of the archery range. It’s pedestrians that are going up and down that street have no idea. One of the comments that was made at our cul-de-sac meeting prior to the park and rec meeting back in 5 Chanhassen City Council – September 12, 2016 June I believe was well the archery range has been there since 1991. It’s been there for 25 years. Well our neighborhood’s been there for 25 years and we don’t know for sure whether the neighborhood came first or the archery range but a lot of the homes in our neighborhood were built in ’89, ’90, ’91 which is right around the time of the archery range. Back then the bows were not as powerful as they are today so the situation has changed. The City Council and the park and rec board need to realize that the technology has changed and adapt to the technology and the way to adapt to that is closing it or moving it to a safer location. Mayor Laufenburger: Alright, thank you Mr. Duffey. James Duffey: Thank you. Mayor Laufenburger: Thank you for coming forward. Is there anybody else that would like to speak this evening? Good evening. Linda Boerboom: Hello. I’m Linda Boerboom and I live at 8261 West Lake Court in Chanhassen and my back yard does not buffer up against the archery range. I live on the other side of the street. I had an arrow in my front yard and it was not laying down. It was into the ground on an angle so they’re coming up over the trees and I have the same concerns. I’ve lived there since 1996 so 20 years and I am concerned for our lives, our property, and just the mere fact for safety. I would like to see the range closed and moved. I’m not against archery although I don’t practice it but I don’t want to take away from the sport but when I look at it from the perspective that any of us could be at risk and our job as citizens or in the neighborhood is to bring this to your attention and vice versa that our safety is important to you guys too. Although I did come at the last meeting I’ve actually been at the last 2. I looked forward to the fact that they had closed it and were considering keeping it closed and I was so surprised when they decided to put a net. You can put nets up all day long but with that range still being there it’s going to still be used whether the net’s in place or not and then my life is at risk. My neighbors are at risk. People who come into my neighborhood are at risk. Our property. Our pets. Everybody so with that I know that you guys will take this into consideration and close that place down. Mayor Laufenburger: Can I just ask a question Ms. Boerboom, is that correct? Linda Boerboom: Yes. Mayor Laufenburger: How many times have you found arrows in your yard? Linda Boerboom: I found one and then I learned, and I didn’t know it but my. Mayor Laufenburger: So in your yard one. Linda Boerboom: I had one but my grandson had found one. 6 Chanhassen City Council – September 12, 2016 Mayor Laufenburger: Oh, recently or years before? Linda Boerboom: He must have did years before and we just never put it into context that that’s where they were coming from so. Mayor Laufenburger: Sure, okay. Linda Boerboom: And the other thing too is there’s a playground that’s right behind where, if you’re shooting your arrows here that’s right behind, it’s a whole picnic area and if it is errant arrows and somebody, who’s to say that they aren’t going to shoot it backwards so and that’s a consideration for liability for the City of Chanhassen for those families too that use that area so thank you. Mayor Laufenburger: Thank you very much for speaking Ms. Boerboom, thank you. By the way as you’re coming forward, please do. I’m told that this item will be considered at the park th and rec commission on, I believe it’s Tuesday, September 27, is that correct Mr. Hoffman? Todd Hoffman: Correct. Mayor Laufenburger: Okay so but the fact that you’re here tonight, your comments will be made part of the public record so thank you for coming forward. Your name and address please. Kari Davis: Hi, I’m Kari Davis. My address is 8200 West Lake Court also in Chanhassen. Mayor Laufenburger: How long have you lived in Chanhassen Kari? Kari Davis: About 20 years. Mayor Laufenburger: Okay, all at this address? Kari Davis: Yep. Mayor Laufenburger: Okay, alright. Kari Davis: And I do have a daughter. Mayor Laufenburger: Okay. Kari Davis: And I’m also here to advocate for closing Lake Susan Park’s archery range permanently as Mr. Hoffman had recommended along with his group that did the study. I was also disappointed that that decision was not made by the park and rec commission and I guess that’s why we’re here tonight to also share the information with you. 7 Chanhassen City Council – September 12, 2016 Mayor Laufenburger: Okay. Kari Davis: The idea came up of a temporary shelter and I can understand the idea maybe had come up. It came up you know in the moment. It hadn’t been researched very much. Mr. Hoffman is back to the drawing board on that one. I appreciate your work on that but it’s not very reassuring to the residents to have a temporary shelter because there have been a few theories about how the bows and arrows, or the arrows have landed in our yards. Another theory is it’s just you know using poor judgment. Mayor Laufenburger: Wait a minute. Kids using poor judgement, does that happen? Does that happen? Kari Davis: Yeah imagine that huh. I mean the arrows, one arrow in one case, recent case the arrows came through the woods. In another case came over the tree line so I mean you can just picture kids thinking that would be fun not knowing that there’s a neighborhood behind those trees and across. Mayor Laufenburger: Not necessarily knowing but not thinking about that right. Kari Davis: Either way. Anyway I guess the way I feel and I think the way most of my neighbors feel is the bottom line is the arrows are arriving and they’re arriving with velocity and so we are fearful for the safety of the people on our street and our pets and our property. So we’re not reassured regarding the temporary structure because it seems like the same folks who are using poor judgment you know might also arrive with their equipment in the trunk ready to shoot knowing Lake Susan Park is an established archery range and if the temporary structure is closed you know for whatever reason, the hours are over or whatever, they could do the same activity and use the same sort of poor judgment. And even more compelling example was given to me by one of my neighbors. She and her young son were out walking on Lake Susan or on the path around there in the dead of winter. Lake Susan is also an ice fishing destination and it’s so fun to take your kids down there just because to walk on an ice covered lake in the winter is such a novelty so it gets a lot of activity that way and with the idea of a temporary structure you know being removed in the fall, again archers can show up in the middle of the winter and we really have no control or monitoring to make sure that they do not practice shooting in the wintertime. So that’s a pretty compelling example to me of our concern over a temporary structure being utilized in that area. I’ve learned a lot from people in the neighborhood who are archers. We probably have 3 or 4 bow hunters on our street so we’re not anti-archery. I do agree that it should be closed. The range at Lake Susan Park should be closed down permanently. If the numbers warrant it that more space is needed for this recreational activity then I hope maybe we could have a cooperative arrangement and find a new location for an archery range. So hopefully there’s some opportunity for that. I was encouraged at the park and rec committee meeting that I think both sides said let’s cooperate. Let’s find a solution that can satisfy both sides. It’s hard for us to imagine frankly that it could be anything other than moving the range 8 Chanhassen City Council – September 12, 2016 but I would not be opposed to you know a range being created somewhere else in the city of Chanhassen or you know Carver County, somewhere else and I think there really was potential for that based on the enthusiasm of the people at the park and rec meeting too so with that I will pass on. So I had sent a letter to the editor that was published and so I just made a copy for each of you… Mayor Laufenburger: Please, thank you. Kari Davis: Thank you. Mayor Laufenburger: Thank you Ms. Davis. Emily Mattran: I guess that leaves me. Mayor Laufenburger: Good evening. Emily Mattran: I am Emily Mattran. I live at 8210 West Lake Court and have lived there since 1989 so I’ve lived there. Mayor Laufenburger: You’re the veteran. Emily Mattran: Yes veteran resident and love it in Chanhassen. And I’m following up with the same sentiments of please seriously consider closing down that archery range and at the same time seriously consider other opportunities to still provide archery in Chanhassen if that’s still a need and I would say at the park and rec committee, commission meeting there were archers there who felt that there just aren’t enough places to do their sport and so if we can be proactive on creating something else that’d be great but I do have some points I want to make sure I cover so first of all my opinion is that 2 reported arrows in the neighborhood are 2 too many. If either arrow had already hit a building, a person, a pet, I don’t think we’d even be here needing to have rd these kind of discussions. And like other neighbors have said I think we went to that August 23 park and rec commission knowing that a proposed, there was a proposed motion that the City Council approve the permanent closure and donate the equipment to Shakopee and so we were all kind of how did we come out of that meeting where now the city staff was being asked to investigate a permanent, a temporary shelter over an area in a flood zone that would need variances to even do a permanent structure so no let’s do a temporary structure and potentially cost $10,000 dollars and we were like how, wait a minute. Where did that 180 degree turn come from when I would think that original proposal was based on safety so. And I also know that one of the things that’s easy to say is well it’s been there for 25 years and there haven’t been other official reports of arrows but I do think, and several neighbors said this, there have been other arrows but it, they just hadn’t been reported before. Archery seems to be a growing sport and I would also say in the years that I’ve lived here Chanhassen is no longer a rural city and the power of a typical recreational compound bow, which is classified as a firearm, has changed dramatically in what that can do in 25 years from when that range was there and so even if there 9 Chanhassen City Council – September 12, 2016 were no arrows in our neighborhood, it seems that it would make more sense to research a new archery range that can better grow with the increasing demand since that’s what the park and recreation commission is going to be doing studying what needs are long range. That makes more sense than spending $10,000 now on a temporary structure that does not necessarily guarantee safety or address the growing demand for archery opportunities so one of the things that I’ve always appreciated about Chanhassen is let’s be forward thinking and create an improved range in a safer area that can handle more archers. For example Shakopee has 8 shooting stations. Starring Lake has 12 versus 4 at Lake Susan and then that becomes a destination spot for local and area archers and there could be park and rec programs even like their programs at Cedar Lake Farm Regional Park where they have family events and they bring in instructors and are teaching the sport in a facility that can handle that kind of activity. There also, I would like to see the opportunity explore partnerships with other local recreational groups. For example the Shakopee one partners with the Minnesota Deer Hunters Association and volunteers there assist in mowing. Doing target stands and other things to help maintain that facility and I think there are also partnerships between Carver County Parks and the City of Victoria park and rec because there’s a range out in Carver Park that could be used too. And all of these aren’t houses within shooting distance right so I would like to think that somewhere, somehow we as a city could come up with something like that with other partnerships. Is it with Carver County Parks and Lake Minnewashta? The Arboretum. The City of Chaska. I had a conversation with somebody at the new indoor gun range. They are wanting to put in an archery range there. What partnerships could we do with existing organizations already? And then the final thing that I want to cover is that municipal city code where firearms include a gun, pistol, rifle, shotgun, bb gun, pellet gun, bow or any device capable of discharging arrows, slugs, or blanks, metal projectiles or paint. And so there’s a section, it’s in 11-2, Section 1, Rules of Construction and then in Section 2 it says no bow may be discharged within 500 feet of any livestock, road, street, trail, or building unless owned by that person or unless the person has the owner’s written permission carried on his or her person. So here code says 500 feet. We have drawings that show that 150 feet from the, to the property line and 265 feet to the back of a house. So if 500 feet is safety zone for livestock, why are we allowing that within closer range to houses? And so I would like to thank you for consideration of my concerns. We have a wonderful recreational department and people who run it and I appreciate all the great things that we’ve done and I think we can do better than that range at Lake Susan and provide for more opportunities that are safe for all of us. So thank you. Mayor Laufenburger: Thank you Ms. Mattran. Is there anyone else that would like to speak? Anybody else present? Did you want to say something Mr. Gerhardt? Todd Gerhardt: Mayor, council members. Typically what we do on items that come under visitor presentations is bring it back onto our next agenda or into a work session. It would be my suggestion to direct staff to work with the park and rec commission to come up with some th alternatives and bring those back to the City Council to consider under our October 10 work session and then from that staff could update the council on the suggestions, the history, and then 10 Chanhassen City Council – September 12, 2016 from that meeting you would give staff direction to bring it on for a formal action at a regular council meeting. Mayor Laufenburger: Okay. I think that’s a good suggestion. Can you just take that as direction Mr. Gerhardt?: Todd Gerhardt: Yes. Mayor Laufenburger: Okay. Before I conclude the visitor presentation there’s a couple things I want to say. First of all I so appreciate your interest and the passion with which you speak about this. And furthermore you didn’t come with just passion but you came with knowledge and understanding and applicable words that are important to us in making decisions about this so to each and every one of you I, the matter in which you have demonstrated how to make a coordinated and a forceful presentation during visitor presentations, this is a model that I would like to see more people follow so I would commend you on all of that and I would ask you to stayed tune and see how things move up on this so not sure who the leader of the group is. I have a hunch but I just, I would ask you to take my words as compliments for the manner in which you came forward and brought your concerns, okay. And with that we will close the visitor presentations at this time. COUNCIL PRESENTATIONS. Mayor Laufenburger: Are there any council presentations this evening? I have one. I had the great pleasure of being part of the Landscape Arboretum opening of the Bee and Pollinator Discovery Center yesterday afternoon and it was not only the opening of that discovery center but it was a celebration of the Arboretum Foundation, conclusion to the Arboretum Foundation fundraising campaign over the last 5 years and to all Chanhassen residents I say you have got, if you haven’t been there you have got to go to the Arboretum. The things that they are doing out there are absolutely phenomenal. I had the pleasure of hearing the President of the University of Minnesota and the Arboretum falls under the realm of the, I’m not going to say this right but it’s the College of Natural Sciences and Food stuff. And the Dean of that college was there along with President Eric Kaler and they highlighted the incredible passion that people at the University of Minnesota have for cold hardy plants which is what the Landscape Arboretum does so to those of you that are present in the council chambers as well as those of you who may be watching online or at home, wow take advantage of it and the Bee and Pollinator Discovery Center is really quite remarkable. It’s the result of a great gift from the Tashjian Family and I would commend them but this is a, this is real jewel that is present here in our community and for us to have it here and to not take advantage of it either with an individual tour or I would encourage a membership or go there on the Chanhassen Day which is just concluded. I think it was in August if I’m not mistaken but what a remarkable achievement it is and it’s been in place almost 60 years. It was founded in 1958. I think that makes it 58 years old so quite an event. That was my presentation. Thanks. 11 Chanhassen City Council – September 12, 2016 ADMINISTRATIVE PRESENTATIONS. Mayor Laufenburger: Mr. Gerhardt, any administrative presentations? Todd Gerhardt: Just one item. We are going to hold a special City Council meeting on October rd 3 to consider re-guiding Paisley Park as an allowable use for a museum. And that will be 7:00 here in the Chanhassen City Council chambers. It’s the only item on the agenda so anybody interested to learn more about the museum and how they’re going to conduct themselves out there, we ask them to attend the meeting. Mayor Laufenburger: Okay. That item will also come before the Planning Commission is that correct Mr. Gerhardt? Todd Gerhardt: That is correct, yep. Mayor Laufenburger: So if there is, the Planning Commission is normally when public input is taken on that item right? Todd Gerhardt: Correct there’ll be a public hearing on. th Kate Aanenson: September 20. th Todd Gerhardt: 20, thanks Kate. Mayor Laufenburger: Tuesday evening, 7:00 p.m. here in the council chambers is that right? Okay. Alright. Anything else? Todd Gerhardt: That’s all I have. CORRESPONDENCE DISCUSSION. None. 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 12