CC SUM 2019 06 24CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JUNE 24, 2019
Mayor Ryan called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman
McDonald, Councilman Campion, and Councilwoman Coleman
STAFF PRESENT: Todd Gerhardt, Kate Aanenson, Jason Wedel, Todd Hoffman, Roger
Knutson, MacKenzie Walters, Chief Don Johnson, and Lt. Lance Pearce
PUBLIC PRESENT:
Larry Koch 471 Bighorn Drive
Glenn & Lisa Kaufmann 6870 Redwing Lane
Matthew Rosati 1798 Marigold Court
Anne Voas 8450 Mission Hills Circle
Carrie Barclay 6545 Gray Fox Curve
Kim Birdwell 7016 Dakota Circle
Steve Donen 7341 Frontier Trail
Darrin Minneapolis
Kari Fletcher 6551 Chippewa Trail
Adriane Gustafsen 7405 Chippewa Trail
Carol Donen 7341 Frontier Trail
Jeff Gustafsen 7405 Chippewa Trail
Katrina Fiihr BDH & Young
Tom Devine 7640 South Shore Drive
Jeff Gears BDH & Young
Cory Watkins Control Concepts
Jack Goggins 7636 South Shore Drive
Colleen Schultz 6336 Whispering Oaks Drive, Eden Prairie
Pam Reimer 3617 Red Cedar Point Road
Tim Mulcrone 7365 254th Street West, Prior Lake
Pamela McGrann 6540 Fox Path
Mayor Ryan moved, Councilman Campion seconded to approve the agenda with an
amendment moving item I(1) to be considered with Public Hearing item H(1). All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
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PUBLIC ANNOUNCEMENTS: PROCLAMATION RECOGNIZING GLENN
KAUFMANN AS THE ROTARY CLUB OF CHANHASSEN 2019 DISTINGUISHED
SERVICE AWARD RECIPIENT.
Mayor Ryan read a proclamation declaring June 24, 2019 as a day to celebrate Glenn Kaufmann
and the gifts, talents, and generous spirit he shares in serving our country, the Chanhassen
community and veterans.
INVITATION TO 4TH OF JULY CELEBRATION. Mayor Ryan outlined the schedule of
events during the 3 day 4th of July celebration.
CONSENT AGENDA: Councilman Campion moved, Councilwoman Coleman seconded
to approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated June 10, 2019
2. Receive Planning Commission Minutes dated June 4, 2019
3. Receive Park and Recreation Commission Minutes dated May 29, 2019
4. Receive Senior Commission Minutes dated May 17, 2019
5. Receive Environmental Commission Minutes dated May 8, 2019
6. Resolution #2019-30: Approve Implementing Post-Issuance Bond Compliance
Procedures and Updates to the City’s Debt Policy Regarding those Procedures
7. Item pulled for discussion by Councilman McDonald
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. Mayor Ryan presented an outline of how visitor presentations
will proceed before inviting Donna Burt to present her Citizen Action Request Form. Donna
Burt, 6645 Horseshoe Curve, Lotus Lake shoreline property owner, stated she was present to
voice safety, environmental and property damage concerns from wake surf boats. She outlined
five requests which include enforcing current Minnesota and city rules on Lotus Lake, update
city code to increase the distance of slow no wake from 100 feet to 150 feet from shoreline and
to install buoys 150 feet from shoreline, docks and swim areas, update city code Section 6-49 to
reduce the water level needed to evoke a 30 day emergency slow wake, and finally to completely
restrict wake surf boats on Lotus Lake when the are using a ballast system for wake surfing.
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(A complete package and high quality pictures are available in the file regarding
“Requesting No Wake Boats on Lotus Lake”.)
Larry Koch, 471 Bighorn Drive reiterated what was said by the previous speaker, specifically
submitting a multiple page letter along with photographs of the data involved in calculating the
damages caused by wake surfs and wake surfing. Steve Donen, 7341 Frontier Drive, and one of
the founding members of the Lotus Lake Conservation Alliance, discussed his support for Laurie
Susla and her work with the LLCA, but stated his issues are with the exaggerated presentation of
JoAnn Syverson and with the LLCA Board’s last minute additions at the City Council work
session. He voiced his support for full recreational use of Lotus Lake, addressed the fact that 80
percent of the shoreline on Lotus Lake is protected, and discussed safety noting he was not in
favor of placing buoys at the 100 foot mark. Laurie Susla, President of the Lotus Lake
Conservation Alliance, spoke in support of changing the high water level mark on Lotus Lake,
and the need for buoys marking 100 feet. Jill Sims with the National Marine Manufacturers
Association provided data on the number of registered boats in Minnesota and educational
information they can provide and offered to arrange a meeting with the DNR’s Boating Law
Administrator Lt. Adam Block. Adam Fletcher, 6651 Fox Path, having lived on Lotus Lake his
entire life and being raised in the water sports industry, a professional for the past 10 years and
sells inboard boats, he invited anybody to join him on his boat to experience what it’s like to be
on a wake surfing boat. Jeff Gustafson, 7405 Chippewa Trail, being a competitive water skier
and a self proclaimed environmentalist, discussed that this discussion around wake surfing
harkens back to previous discussions when wakeboarding, snowboarding, and personal
watercraft were first introduced and noting that he strongly opposes any efforts to single out and
restrict any specific type of boat, sports, or discipline. Jack Goggins, 7636 South Shore Drive
discussed that his family does own a wake boat and also a kayak and that he enjoys spending 200
hours every summer on the lake. Pamela McGrann, 6540 Fox Path discussed the fact that the
Australian golf team associated with the winner of the LPGA tournament Hannah Green, which
was held at Hazeltine Golf Course, commented on how beautiful and calm Chanhassen was as a
place to stay during the tournament. Tom Devine, 7640 South Shore Drive provided background
information on how Herb Bloomberg developed the property around south Lotus Lake and the
negotiations that occurred for the boat landing and public access. He discussed the education
and fact gathering process and the possibility of the City of Chanhassen discussing with the
University of Minnesota, of which he served on the Board of Regents for 8 years, to help with
the educational component of this issue. Mayor Ryan closed by commenting that no voting
action would occur at this meeting and the council will continue to wait and see what action is
taken by the DNR.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE.
Chief Don Johnson presented the May monthly updates on staffing, training, calls for service,
Black Hat ceremony, assisting Chaska Fire with the LPGA KPMG Open event at Hazeltine Golf
course, and safety tips for the 4th of July. Lt. Lance Pearce presented May monthly updates
regarding crime statistics, training, citizens academy, and staffing. He provided an update on the
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rash of thefts from car vehicles and burglaries. Councilwoman Tjornhom asked about the
process of notifying residents of potential public safety concerns. Councilman McDonald asked
about getting report comparisons from the NIBRS system on monthly and year to date trends.
CONSENT AGENDA: 3617 RED CEDAR POINT: CONSIDER REQUEST FOR
VARIANCES FOR LOT COVER, LAKE SETBACK, AND FRONT YARD SETBACK.
Councilman McDonald explained the reasons why he pulled this item off of the consent agenda
and asked for clarification to his questions. MacKenzie Walters presented the staff report and
update on this item. Colleen Schultz, Pam Reimer’s realtor and friend, provided background
information on the variance that was previously granted for this piece of property and the
circumstances that led to it expiring. After discussion, questions and clarification of the
proposed motion, the City Council made the following motion.
Councilman Campion moved, Councilwoman Coleman seconded that the Chanhassen City
Council approves an 8 ½ foot front yard setback variance, a 25.1 foot lakeshore setback
variance and a 10.4 percent lot coverage variance for the construction of a single family
house subject to the revised conditions of approval and adopts the modified Findings of
Fact and Decisions:
1. The applicant must apply for and receive a building permit.
2. Driveway slope shall not exceed 10 percent.
3. A title search for the property should be conducted to ensure any/all existing
easements are documented.
4. The applicant must enter into a roadway easement over the existing portion of the lot
covered by street pavement and curb.
5. A new 1” = 20’ scale survey should be provided as part of the building permit
application clearly showing the proposed setbacks and lot coverage for the proposed
house and structures. This survey should also correctly note the 100-year FEMA
floodplain and should show the lowest floor not less than three feet above the regional
flood elevation.
6. At least one tree must be planted in the front yard, if one is not present after
construction.
7. The applicant must revise the silt fence placement to exclude the 28” oak tree from
the grading and construction limits and locate tree protection fencing around it.
8. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side of the lot encompassing all existing trees. This must be
done prior to any construction activities and remain installed until all construction is
completed. Any trees lost to construction activities shall be replaced.
9. No equipment may be stored within the tree protection area.
10. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
11. The 228 square foot rear patio area is understood to be the property’s water oriented
structure.
12. Lot coverage may not exceed 3,170 square feet.
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13. A permanent 20’ native vegetated buffer must be installed along the shoreline using
native species with permanent buffer monuments. The buffer may work around the
path and stairs. The buffer must be designed and installed by an experienced
professional in native shoreline restoration. Design plan must be approved by the
Water Resources Coordinator.
14. Develop and implement a shoreline restoration plan that is designed and installed by
an experienced professional in native shoreline restoration that will improve
ecosystem health. The plan may incorporate use of the existing riprap. The design
plan may require additional approvals and must be approved by the Water Resources
Coordinator.
15. The property owner must reduce hard cover associated with the driveway and patio
through the use of pervious paver systems reviewed and approved by the Water
Resources Coordinator.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: APPROVE VACATION OF DRAINAGE AND UTILITY
EASEMENTS AT 8077 CENTURY BOULEVARD (CONTROL CONCEPTS); AND
CONSIDER A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT FOR
DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR FOR PROPERTY
LOCATED AT 8077 CENTURY BOULEVARD (CONTROL CONCEPTS) AND ZONED
PLANNED UNIT DEVELOPMENT (PUD).
Kate Aanenson presented the staff report and Planning Commission update on this item. Jason
Wedel presented information regarding vacation of the drainage and utility easements. The
applicant Cory Watkins, President and owner of Control Concepts and the Project Architect Jeff
Gears with BDH & Young reviewed changes made to the site plan since the last time they were
before the City Council. Mayor Ryan called the public hearing to order. No one spoke and the
public hearing was closed.
Resolution #2019-31: Councilman Campion moved, Councilwoman Coleman seconded to
approve adoption of a resolution granting the vacation of the atypical portions of drainage
and utility easements of Arboretum Business Park 7th Addition, Block 1, Lot 2; and
approve the site plan for a 54,276 two-story building, plans prepared by Loucks and BDH
& Young dated 05-03-20, subject to the following conditions and adopts the Findings of
Fact:
Building
1. The building is required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
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3. Building plans must include a code analysis that contains the following information: Key
Plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers,
Separated or non-separated, Fire resistive elements (Ext walls, Bearing walls - exterior or
interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel
distance), Minimum plumbing fixture count.
4. Detailed occupancy-related requirements will be addressed when complete building plans
are submitted.
5. Structure proximity to property lines (and other buildings) will have an impact on the
code requirements for the proposed building, including but not limited to: allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
6. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
Engineering and Water Resources
1. The applicant shall provide a traffic memo, prepared by a licensed traffic engineer,
evaluating conflicting driving movements with Water Tower Place and the northern
driveway access
2. Vacate drainage and utility easements except the standard 10-foot wide easement
associated with the front of the parcel in addition to the standard 5-foot wide easement
associated with the side and rear portions of the parcel.
3. The wetland, wetland buffer, and the Bluff Creek Overlay District on the site shall be
preserved and protected in perpetuity. Staff recommends that the developer dedicate
those areas to the city to ensure conservation of these critical areas.
4. Provide a permanent 20’ easement over the trail throughout the parcel.
5. The applicant shall remove all existing fence located on the east side of the property.
6. Apply for an Encroachment Agreement for the private sidewalk.
7. Provide top of wall and bottom of wall elevations for entire retaining wall build, which
includes retaining wall built below grade, i.e. bottom of wall.
8. Replace any striping removed in Century Boulevard.
9. All striping and signage shall meet the requirements of the MN-MUTCD manual.
10. Indicate lineal (running) slope design for the trail. Trail slopes shall meet ADA
requirements.
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11. Staff recommends the installation of a gate valve downstream of the trench drain to
isolate possible hazardous material from entering the storm system. The operation and
maintenance plan for the storm system should include the procedure for this isolation
protocol.
12. Salvage existing topsoil and indicate stockpile location.
13. Water main fittings shall be epoxy coated.
14. Core drill to existing sanitary sewer main will require the installation of a boot at
connection.
15. As the developer will be required to remove all material surrounding the existing public
sanitary sewer manhole that is being proposed for connection, Public Works will inspect
and determine if repair or rehabilitation of the manhole is required (e.g. rebuilding
chimney, installing I/I barrier, etc.).
16. Appropriate city permits for construction within the public right-of-way shall be obtained
prior to construction. Work within city streets requires a traffic control plan.
17. A preconstruction meeting with Public Works and Engineering shall be scheduled by the
contractor prior to working within the public right-of-way and the connection to any
public utilities.
18. Identify stockpile locations on plan.
19. All call-outs on construction plans that reference a detail shall be updated to incorporate
the sheet the detail is illustrated on and the detail number referenced for construction.
20. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, RPBCWD, Board of Water and Soil Resources, PCA,
etc.).
21. A SWPPP shall be submitted for review that meets the conditions of the NPDES
Construction Permit
22. Provide design details for the stormwater management systems and associated hydrology
models.
23. The applicant shall assess alternatives to conveying stormwater system discharge on and
across City property that will not cause erosion or degradation.
24. The applicant shall demonstrate through modeling that the receiving municipal
stormwater system has adequate capacity to accept the increased drainage volume.
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25. Provide a planting and revegetation plan specific for grading within the bluff impact zone
and the wetland buffer.
26. Provide boring locations on grading and stormwater utility plan sheets.
Environmental Resources
1. The applicant shall revise the landscape plan to meet minimum requirements for the north
bufferyard. Plantings shall be located between trail and parking lot.
2. The applicant shall protect existing trees to be preserved along Century Boulevard. Tree
protection fencing shall be placed at the dripline or greater distance prior to any
construction activities and maintained until construction is complete. Any trees that die
will be required to be replaced.
3. The trail alignment within the Bluff Creek Overlay District shall be field inspected and
approved by the city prior to any removals and construction activity. No live, significant
oak trees shall be removed for trail construction.
Fire
1. There is only one hydrant on the property. Several are needed to meet minimum spacing
requirements per MN Fire Code.
Parks
1. The developer shall be responsible for planning, engineering, and constructing the
“wetland trail.” Connection points for this new trail shall be the terminus of the Trotters
Ridge trail, the intersection of Century Boulevard and West 82nd Street, and the
intersection of Century Boulevard and Water Tower Place. Bid documents, including
plans and specifications, shall be approved by the Park & Recreation Director and City
Engineer prior to soliciting bids. Project bidding shall occur in a competitive
environment with a minimum of three bids being received. The results of the bidding
process shall be reviewed with the Park & Recreation Director and City Engineer prior to
award. Cash payment for trail construction shall be made from the City of Chanhassen to
the developer upon completion, inspection, and acceptance of the trail.
2. Trail easements within Lot 2, Block 1, Arboretum Business Park 7th shall be dedicated to
the city to accommodate the “wetland trail”.
Planning
1. The applicant shall enter into a site plan agreement and provide the security required by it
prior to receiving a building permit.
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2. A separate sign permit application, review and approval shall be required prior to site
sign installation.
3. The building needs additional articulation to break up long expansions of wall area on the
north side of the building.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING: 195 WEST 79TH STREET, APPROVE PURCHASE AGREEMENT
FOR SALE OF LAND TO FRONTIER LAND HOLDINGS, LLC.
Todd Gerhardt presented the staff report on this item. Matt Rosati was present to answer
questions. Mayor Ryan opened the public hearing. No one spoke and the public hearing was
closed.
Councilwoman Coleman moved, Councilman Campion seconded that the Chanhassen City
Council approves the Option Agreement with Frontier Land Holdings, LLC for the
purchase price of $460,000. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt explained that an Assistant City
Manager has been hired, Jacob Foster who will begin mid-July.
Councilwoman Coleman moved, Councilman Campion 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 9:30 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim