CC VER 2019 06 24CHANHASSEN CITY COUNCIL
REGULAR MEETING
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: Thank you everybody and welcome to this evening’s meeting. To those of you
who are watching at home we have a full council chambers tonight. For the record we have all
members present this evening. Our first action on the agenda is agenda approval. I have one
change to the agenda per staff recommendation. I would like to move under New Business
number 1 the consideration of site plan review and conditional use permit up to be part of the
public hearing so since they’re the same, you know same project we’ll just do it all under one so
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I would like to move, I make a motion to move the New Business, I New Business 1 and include
it with H, public hearing number 1. Could I get somebody to second that motion?
Councilman Campion: Second.
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.
PUBLIC ANNOUNCEMENTS: PROCLAMATION RECOGNIZING GLENN
KAUFMANN AS THE ROTARY CLUB OF CHANHASSEN 2019 DISTINGUISHED
SERVICE AWARD RECIPIENT.
Mayor Ryan: First up we have a public announcement. We have a proclamation this evening.
Right there first please, thank you.
Rotary Representative: Thank you for having us. On behalf of the Rotary Club of Chanhassen
I’m happy to introduce you to our Distinguished Service Award winner Glenn Kaufmann. The
Distinguished Service Award is a nearly 15 year tradition for our Chanhassen Rotary Club.
We’re gifted in Chanhassen with a spirit of volunteerism that bolsters community and while
volunteers are generally not looking for praise or recognition we know that our community
benefits on a grand scale when individuals with passion for action are in our midst. Those
people are able to turn compassion and energy and connection into real results. They contribute
to events and monuments and parks and baseball teams. They also increase the value of
neighborhood and community for all of us who live in this Top 5 city. Most importantly they
model service. At times service above self which is a Rotary and a Lions motto. Madam Mayor
and Mr. Gerhardt we’re proud to honor Glenn and Lisa this year and thank you for your support
of a proclamation to honor this year’s Rotary Club of Chanhassen Distinguished Award winner
Mr. Glenn Kaufmann.
Mayor Ryan: Congratulations. Before I come down there and share this proclamation with you
I’d like to read a couple lines from the actual proclamation before I make it. In addition to some
of the things that you mentioned I’d also like to talk about Glenn proudly served in the U.S. Air
Force from ’87 to 2007 and has been an active member in the American Legion. He has served
at the Veteran’s Court mentor in Carver County. He has been served on the Chanhassen
Environmental Commission and is an usher at St. Hubert’s Church and as mentioned he is very
active in the Lions Club which we greatly appreciate. I think this is, you know signifies what a
great job you’ve done and continue to serve in the community. Whereas Glenn is an instant
friend to everyone he encounters. Beyond that his collaborative leadership style is inspirational.
His commitment is steadfast. His loyalty is constant. His compassion is authentic and his desire
to impact the world for a better tomorrow through service to others is both intentional and praise
worthy. Now Therefore, I, Elise Ryan, Mayor of the City of Chanhassen do hereby proclaim
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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. Congratulations.
Glenn Kaufmann: I’m a federal employee…I’m going to sprinkle joy throughout the
community.
Mayor Ryan: Congratulations and most deserving for sure.
INVITATION TO 4TH OF JULY CELEBRATION.
Mayor Ryan: The next public announcement, although it doesn’t seem based on the weather that
we could be nearing the 4th of July I’m excited to invite everyone to the City of Chanhassen’s
largest community event of the year. The 36th Annual 4th of July Celebration. This celebration
will be held on July 2nd, 3rd and 4th and the event is presented by the City of Chanhassen and
sponsored by the 2019 community event sponsors. Just to highlight some of the key activities
starting on Tuesday, July 2nd the family night at the carnival is from 3:00 to 10:00 along with
pony rides. Wednesday the excitement continues to build and activities begin around 3:30. We
have the Southwest Metro Chamber of Commerce Business Expo, Rotary Club of Chanhassen
presents the Taste of Chanhassen and beer and wine garden. We have carnival rides. Kiddie
parades, skate board competition, live music and the street dance featuring the new band the
Fabulous Armadillos from 7:30 to 11:00. And then of course on the actual holiday, Thursday,
July 4 th the events start early again with the adult fishing contest on Lake Ann at 7:00 a.m. and
then we have a variety of other activities at City Center Park and Lake Ann that includes the
fishing contest, medallion hunt, more live music, rides, concessions, beer and wine garden,
classic car show and then the parade by the Chanhassen Rotary Club so be sure to join us for a
spectacular fireworks show display at Lake Ann at 10:00 p.m. Bring your family, friends,
neighbors for these 3 days of fun and I look forward to seeing everybody there so hope to see
you on the 4th of July. If you don’t make it have a safe and fun holiday wherever you may be.
CONSENT AGENDA:
Mayor Ryan: Next we have the consent agenda. Tonight we have consent agenda items 1
through 7. All items listed under the consent agenda are considered to be routine by the City
Council and will be considered as a single motion based on staff recommendation. There will be
no separate discussion of these items. If discussion is desired by anyone on council or here in
the chambers you may request to have that item removed and have it considered separately on
our agenda this evening. Are there any items that the council would like to consider separately?
Councilman McDonald: Madam Mayor?
Mayor Ryan: Yes Councilman McDonald.
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Councilman McDonald: Yes I’d like to pull consent agenda item number 7. 3617 Red Cedar
Point.
Mayor Ryan: Okay. We will move consent agenda item D(7) to I, New Business. Oh that’s
actually old business so we’ll put it under G(1).
Councilman McDonald: Thank you.
Mayor Ryan: Thank you.
Pam Reimer: Thank you that was going to be mine, thank you.
Mayor Ryan: Alright thank you. So with the change of consent agenda item number 7 being
removed we, or moved to old business we now have consent agenda items D(1) through D(6). Is
there a motion to approve those consent agenda items?
Councilman Campion: So moved.
Mayor Ryan: Is there a second?
Councilwoman Coleman: Second.
Mayor Ryan: With a valid motion and second.
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.
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Mayor Ryan: That motion carries 5-0.
VISITOR PRESENTATIONS.
Mayor Ryan: Next is visitor presentations. Visitor presentations are included with each of our
regularly scheduled council meetings. Anyone wishing to address the council on a matter that is
not specifically on the agenda may step to the podium. Please provide your name and your
address for the record and then please address the council. You’ll have 5 minutes to present your
item. If your item or your request includes an action by the city staff or City Council please
complete a Citizen Action Request Form in the back so that we are clear on what you are asking
and we’ll appropriately follow up with your request. However if you are simply making a
comment with no action required a form does not need to be completed. We do have one already
scheduled visitor presentation by Ms. Donna Burt if you’re here.
Donna Burt: Good evening I’m Donna Burt of 6645 Horseshoe Curve, Lotus Lake shoreline
property. I’m here tonight to voice safety, environmental and property damage concerns. The
cause of these concerns are not natural. They are man made by wakes. I’m requesting five
actions of council which if implemented will help to preserve Lotus Lake for future generations
to enjoy. Because Minnesota, current Minnesota boating and city rules for Lotus Lake are not
being followed the first of these five requests is that we simply enforce the boating rules that
already exist. In order to do this we need water patrol on Lotus Lake to enforce two rules. Boats
are not supposed to create wakes inside of 100 feet of shoreline. However boats on Lotus Lake
regularly and repeatedly make wakes large enough to surf on that are well inside 100 feet from
shoreline, swim areas and other boats. Boaters are not to operate a watercraft in such a manner
that it’s wash or wake will endanger, harass or unnecessarily interfere with any other person or
property. Our property has been irreversibly damaged by wakes at an alarming rate. We have
also suffered personal injury on Saturday, June 8th while tying our boat off to the side in order to
adjust our lift we were knocked off our dock by a wake surf. The boat went by our dock a mere
25 feet out. This resulted in bruised ribs, bruised legs and bruised elbow. Additionally the swim
area of Carver Beach Park is located directly across the lake from us in the narrow section of the
lake. Also unable to absorb these wakes. On several occasions we have seen swimmers knocked
over by these wakes. It is only a matter of time before someone us seriously injured. The
second and third items I am requesting is to update city code to increase the distance of slow no
wake from 100 feet of shoreline to 150 feet from shoreline and to install buoys 150 feet from
shoreline, docks and swim areas. 100 feet is not sufficient as wakes at 100 feet out do not
dissipate enough to safely shore or other people or objects. Buoys will help assist boaters to
adhere to this rule. The fourth item that I am requesting is to update city code Section 6-49 to
reduce the water level needed to evoke a 30 day emergency slow wake. The current level set for
Lotus Lake to evoke a slow no wake is above our shoreline set at 896.8. At that level much of
our property will be under water. It seems unreasonable to allow a property of a Chanhassen
resident to be under water and still allow boats to drive by making wakes. I understand that as of
June 10th an amendment was made to lower the emergency slow no wake by 6 inches. However
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I urge you to consider it was still not enough. Even at that lowered level which was not met this
past May significant damage was caused. Irreversible damage. During the period of high water
from approximately May 30th to June 6th we lost one foot of shoreline. According to this
drawing from the City the sewer line is measured at 8 feet from our shoreline. I can assure you
that there is no longer an 8 foot buffer. Additionally as many trees around the lake are falling
our willow tree near the sewer easement is at risk due to erosion. If that happens the root
structure could impact the sewer line. Please realize I am not talking about storm water. I am
talking about raw sewage. Because Lotus Lake did not go to a slow no wake while most other
area lakes did we became a destination for this type of boating. In fact because our current water
level for an emergency slow no wake was designed to almost never be enforced we are already a
destination. As proof of this an Edina based organization is promoting wake surfing lessons
every week, June through August from a private dock on Lotus Lake in Chanhassen where you
can ride all day. My fifth and final ask is to completely restrict these boats on Lotus Lake when
the are using a ballast system for wake surfing. The lake is not large enough. Lotus Lake is not
suitable for large wakes that ballast boats create. There is simply not enough area for the wake
to dissipate before it reaches shoreline. Therefore anyone using a ballast system to create a wake
on Lotus Lake is in violation of the Minnesota Rule previously mentioned about not harassing
others with your wake. Let it be on record that this activity does endanger us, harass us and
interfere with our person and property. Council as you are aware a vast number of Minnesotans
are outdoor enthusiasts and as a result support efforts to preserve our natural resources. These
same people as well as indoorsy Minnesotans consider the lakes of Minnesota one of our greatest
treasures. Only a very small but very loud faction of your constituency own wake surfing boats.
As a Chanhassen lakeshore owner, boat owner and personal watercraft owner I am disappointed
in their enthusiasm to wreak havoc on inappropriate waters. Clearly they know better. While
everyone has the right to enjoy the public waters it should never be at the expense of others. Just
as there are laws as to how to operate a motor vehicle on our roads and there are laws as to what
types of trucks may drive on those roads, so too should there be rules for what types of boats and
are boating is appropriate for our lakes. I am confident that this issue will be served up in a
larger platform the majority of your constituents would be in favor of protecting our lakes. I
want to stress that these actions need to be implemented urgently as the damage to native and
protected vegetation and wildlife, shoreline erosion and overall water occurring at an alarming
pace. These resources are quickly being destroyed. The damage is irreversible. Thank you for
your time. You’re all welcomed to come out to my property and see the damage first hand and
the wakes that these boats make.
(A complete package and high quality pictures are available in the file regarding
“Requesting No Wake Boats on Lotus Lake”.)
Mayor Ryan: Thank you. Did you submit your, oh it was online so we have it yes. Thank you.
Real quick before you step, Mr. Gerhardt could you speak real quickly to the issuance of our, the
no wake zone ordinance that we passed and what the next step in the process needs to be.
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Todd Gerhardt: The current no wake ordinance that we passed several weeks ago needs to go
through a revision. It, the DNR and there’s several steps that need to be processed before the
council considers approval. First we need the DNR to approve our no wake and then there needs
to be a public process to get feedback on the no wake ordinance and hold several public hearings
on that and then bring it back for City Council approval and then the final document would go to
the DNR for their approval for a no wake ordinance. So our current no wake ordinance is
basically out of compliance with the DNR regulations and we have to start anew.
Mayor Ryan: Okay. So and the reason why I asked Mr. Gerhardt to address that because he
brought, he had shared that so by submitting this, your concerns and comments Ms. Burt your
request for a different low water calculation will be considered as well. So I just wanted to share
that with you.
Donna Burt’s comments from the audience were not picked up by the microphone.
Mayor Ryan: And again we’ll review the form and consider it so thank you for submitting. Go
ahead sir.
Larry Koch: Thank you. My name’s Koch. I live at 471 Bighorn Drive in Chanhassen. I live
on the west side of Lotus Lake. First of all I want to thank all of you and congratulate you on
having been elected. I realize you’re only 6 months into it but congratulations on your election.
I’m here to basically I want to reiterate exactly what the previous speaker said but I want to make
some very specific points. I’ve lived on Lotus Lake now since 1990. We faced many
challenges. The latest challenge now is wake surfing. To Councilmember McDonald’s
questions. You do need the facts. I encourage you to get the facts. I do have the facts. I have
submitted a multiple page letter along with photographs of the data involved in calculating the
damages caused by wake surfs and wake surfing. I’ve also submitted a number of pictures of
which I have copies here of the damage to our shore just this year. I want to point out these trees
here. These trees used to be primarily upright. The are now leaning into the water to the point
that according to your arborist Jill Sinclair they will need to be taken out. Currently those trees
are the only protection protecting that shoreline. So my question is, is who’s going to pay to
remove those trees when I believe as was stated by the previous speaker. The law already makes
people who create wakes that destroy property liable. You have the authority under your
nuisance statutes to stop that activity and you have an obligation to do so. So I’m asking that
you proceed with your process of amending your ordinances to regulate wake boats and wake
surfing. You’ll see in my letter that I have studied the information, the data provided by the
WSI, which I believe is the Wake Sports Industry Association. That data in and of itself, if you
apply the proper calculations to their data demonstrates that a wake boat needs to be not less than
700 feet from the nearest shore in order for that wake to be the equivalent of a boat cruising at
300 feet. So we’re talking about 5 inches for a cruising boat. We’re talking over 12 inches okay
for a wake surf boat at 300 feet. My point is that if you apply the dissipation ratio that they
themselves apply you have to be 700 feet away from shore in order to avoid that. The
unfortunate situation we have is that Mother Nature okay gave us Lotus Lake. Lotus Lake has
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areas which are approximately 300 feet wide and 800 feet wide. I live at a point that’s 800 feet
wide. The widest part in Lotus Lake, and you would never usually measure it this way is 2,000
feet but that width is only about 100 feet so in other words you could only travel about 100 feet
where the width was 2,000. The other widest portion is in what I call the south lake of the lake.
That is only about 1,045 feet so if you do the simple math of 700 feet times two it is not possible
to operate wake surf boats on Lotus Lake without causing significant damage so I ask you to
review the data. Amend the ordinances to restrict wake surf boating. Either that or I ask you to
pay for having to armor our shores because once that land is gone, one the shores are gone it’s
not going to be replaced. Nobody’s going to go and put dirt back where it was and every ounce
of dirt that comes out of that lakeshore goes into that lake. That soil is high in phosphorus.
Phosphorus is the reason we have as much of the algae blooms as we do. So we’re exacerbating
a known problem and I know the council’s probably heard many times about the algae bloom.
So we would be by not limiting this destruction of the shoreline we would be exacerbating that
problem. And it’s not like if you restricted wake boating on Lotus Lake that you would be
preventing people from having fun. There’s lots of things to go on Lotus Lake and within 10
minutes or maybe 15 minutes there are 3 major lakes in our area that can support wake surfing.
You have Lake Minnetonka. You have Lake Minnewashta and you have Lake Waconia.
Especially Lake Waconia can handle all kinds and all sizes of boats. It’s a huge one so I don’t
think there’s a reason to be able to have to use Lotus Lake in light of the fact of the significant
material damage that wake surfing cause. I would be happy to work with any of the city people
to give them the information that I provided in my letter and work with them to show the issues.
And finally I will invite each and every one of you and anybody else who wants to come and
come to my house, my property. You can see the damage first hand and you can see the action
of the wakes by the wake surfing boats. I would love to be able to permit wake surfing. I think
having fun is great but I don’t think it’s fun to destroy lakeshore and I think we have to take that
responsibility and I ask you to be bold and to take that step. To be first to protect your lakeshore.
I was here when AIS was first introduced and unfortunately we didn’t get the support from the
council at that time to try to limit Eurasian Milfoil. It’s now pretty much all over the lake so I
ask you to take bold steps. Start the regulation process. I wish we wouldn’t have to do it but
those boats just don’t belong there in the same manner, this example, you don’t land a 747 at
Flying Cloud Airport. You don’t drive a bulldozer down the street so the result is you don’t do
surfing boats on Lotus Lake. You can waterski. You can fish. You can tube. Because the
waves from those actions are minimal in compared to the wake surf so I invite all of you at any
time to come to our home so I want to thank you for your time.
Mayor Ryan: Thank you.
Larry Koch: If you have any questions let me know.
Mayor Ryan: Alright thank you.
Steve Donen: My name’s Steve Donen. I live at 7341 Frontier Trail.
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Mayor Ryan: Thank you.
Steve Donen: I want to start out by saying.
Mayor Ryan: Sir could you move the microphone a little closer.
Steve Donen: Thank you. I wanted to talk by saying that I’m honored to spend my 40th
anniversary with my favorite City Council and my favorite boating friends so.
Mayor Ryan: Happy anniversary.
Steve Donen: My wife is really glad we’re here tonight also. So I’ve been on Lotus Lake for 2
years. I was one of the original founders of the LLCA. I have great respect for Laurie and what
the LLCA is doing. I’ve been really pleased with what Laurie has been doing to help prevent
AIS on Lotus Lake. My issues are with the exaggerated presentation of JoAnn and with the
LLCA Board’s last minute additions to today’s discussions. I do not own a wake surfing boat. I
spend about 200 hours on my pontoon. 50 hours waterskiing. Many more hours swimming,
tubing, paddling, boating, canoeing, etcetera on the lake. I spend probably more time on Lotus
Lake than anyone else and I support full recreational use of Lotus Lake. Do wake surfing boats
make big wakes that can rock my pontoon boat? Sure. Sometimes but as expected when I
choose to live on a full use recreational lake. If I drive my boat at an angle to the waves they
have minimal impact. I invite the council to come out to the lake and we can all feel what
happens if you drive responsibly. Let me ask you a hypothetical question. If you buy a house
on a golf course and the golf balls keep hitting your yard causing safety issues or breaking your
windows do you ask the golf course to stop golfing? No. Of course not. You take personal
responsibility to solve the problem. Maybe protecting the windows. Sitting under a screen when
you’re outside or only go in your back yard when they’re not golfing. Again you solve it
yourself because you bought a house on a golf course. This golf course is analogous to someone
buying a house on a public access full recreational lake. They know there are boats of all kinds.
It is busy and shorelines erode. First I want to address the shoreline erosion discussion. Just
saying causes shoreline erosion will illicit immediate thought that is bad for the lake. Today’s
presentation JoAnn discussed that shoreline erosion causes water to be turbid. Nutrients as Larry
said nutrients are added to the lake and all this results in poor water quality. So let’s look at the
data. This is the data of water quality on Lotus Lake. I know you can’t see it but we found that
when the line is going up you can see further down in the lake. This is about a graph from 1980
to 2010, 2020 and the last 10 years here I’m sure when wake surfing boats were on the lake. So
it appears that saying wake surfing boats ruin the lake quality does not mean it’s true. Just
saying. It doesn’t seem to be true. Let’s try to understand why. Why is it that wake surfing
boats aren’t ruining the quality of Lotus Lake. First of all lakeshore erosion is always occurring.
When land and body of water contact each other and depending on protection levels of the
shoreline erosion will occur fast or very slow but it is occurring. Many years ago before we built
houses there was natural protection, either rocks or vegetation or both. We didn’t build homes.
They were natural, we then built homes. We removed the natural protection to put in lawns and
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sand down, sand beaches down at the lake. At this point I did an informal survey around the
lake. It appears that about, besides a few homes you’ve heard about today here, about 80 percent
of riparian owners on Lotus Lake, the shoreline is protected. Okay. Wake board boats don’t
affect those shorelines. About 80 percent of those homes. There are some that are. Okay. I
won’t argue that fact. But the other 20 percent does not have, yeah sorry. So maybe the lake is
getting better because shoreline erosion all over this lake is not as big a deal as most of the
shoreline today is being protected. We need to protect the 20 percent. The rest of it is in pretty
good shape. So if we stop or modify large wake surf boats because 20 percent of riparian owners
do not have shoreline protection? No of course not. They knew they were buying a home on a
public lake. Recreation lake. It’s like the golf course analogy. They need to take responsibility
for their shoreline. Add shoreline protection and keep it in good shape over time. 20 years ago I
eliminated shoreline protection on my land. I put in rip rap on my lakeshore before wake surfing
even existed. Since I only have 5 minutes I’m moving onto safety. Safety. A very powerful
word. All you have to say is that large wakes knock me around in my boat and all of a sudden
wakes are unsafe. But there is no data that supports, well I should say. I heard something
tonight and I apologize. I guess I didn’t realize that there was an issue today. This summer. Oh
where was I at here? But there is no data that supports there has been safety issues on Lotus
Lake tied to wake surfing activities. I am pretty sure if there had been crashes or people being
thrown off their boats or drown or hurt the press would have told us. Just saying safety views
exist sounds good but does not make it true. There are ways to mitigate large wake effect as with
golf. Drive responsibility or even modify the times of your activity. We all live on a full
recreational lake. Large wakes are expected. Since we live or use a full access recreational lake
is the responsibility as lake users to use it when conditions meet your activity needs. As an
example waterskiing is done safest, I’m a waterskiing family, when there are no other boats on
the lake so we waterski when the lake is not busy. During week days and on Saturday and
Sunday mornings. Using the lakes during these times equates to about 75 percent of the usable
hours on the lake so if your support is sensitive to large wakes where there is plenty of time
when the lake is not busy to do your activity. Again we enjoy the ability to do multiple
recreational activities on Lotus Lake. Because it is a multi-purpose lake we need to take
responsibility to use the lake when the conditions meet your activity needs. At this time I cannot
get off the topic without commenting directly on the slide regarding safety presented today by
JoAnn. The baby drowning. The kayaker getting flipped. Those are clearly inflammatory and
borderline reckless and those pictures are not from large wakes. Also the baby should have had a
life jacket on as with anyone using the lake otherwise they’re taking a safety risk. Now I want to
take the opportunity to comment on the LLCA proposal to the council.
Mayor Ryan: Mr. Donen a couple minutes please.
Steve Donen: I’m almost done.
Mayor Ryan: Okay thank you.
Chanhassen City Council – June 24, 2019
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Steve Donen: I just want to quickly comment on the LLCA proposal for the City. We support,
the members of the LLCA support all five, 5 of the 6 recommendations. Okay and I feel that you
guys would be discussing as to why. The LLCA so basically you guys the comments and you’ve
seen my presentation about, about the way that the survey was written. It was very anti wake
surfing and leading questions. I won’t give an example right now. I’ll go faster through this so
you can read my letter I sent you. But with that said we do appreciate, we do want the sign. We
do, everything else. We don’t like the buoys. The buoys going out basically cause an issue for a
lot of us who do pontoon riding. We ride the pontoons around the lake. We stay close to the
edge to get separation from boats and that happens to be about at no wake speed so there’s no
one going fast at that point. We’re going very slow on pontoon boats. And that happened to be
right about the 100 foot level so if there was a whole bunch of buoys out there at that point
they’re a safety hazard for us running around the lake, especially at night. Not only that if the
buoys are there it will force me to move out further into the lake so then it’s going to have
consequences. Now you have more boats in the middle of the lake versus on the side of the lake.
So in ending I thank you for your time and the LLCA members do strongly support 5 out of the 6
asks tonight by the LLCA board but want the sign modified to be simpler aimed at the key issues
of removing the TWC’s line.
Mayor Ryan: Thank you Mr. Donen and we did receive your email with this information so
thank you.
Steve Donen: And I do have copies…
Mayor Ryan: If you want that in the Minutes that would be great thank you.
Laurie Susla: Hello my name is Laurie Susla. I am the President of the Lotus Lake
Conservation Alliance. I would like to thank you all again for letting us speak with you in the
working session tonight. I realized I was negligent in not commenting on the water level
discussion that was to be part of our earlier discussion and just wanted to say that the LLCA
board fully supports the change to the water level. I understand we have to go through a public
hearing process but as it was voted on at the last meeting we are in full support of that. In Mr.
Donen’s comments I would just like you to take into consideration the 80 percent of shoreline
protected comment. That is I think inaccurate at best and it, there is going to be some serious
looking at what needs to be done at Lotus. It would be best to send an engineer out to actually
take a look at the shoreline to the lake. So I’m sure it’s not news to you that many of the people
here tonight are not from Chanhassen. They’re not interested in what happens on Lotus Lake.
Among the folks here tonight are boat manufacturers, lobbyists and non-Chanhassen wake
surfing organizations. These folks don’t want to see any restrictions of any kind placed on either
their sport or their pocket books. It’s important to note that the LLCA is not asking for any
changes to any laws. We’re simply asking for help with identifying the 100 foot point to protect
the shorelines of Lotus Lake. The LLCA board had the courage to address this issue even
though we knew it would be controversial because of what’s happening to Lotus Lake. Our
mission is to protect, preserve, and improve Lotus Lake and that’s why we’ve asked council to
Chanhassen City Council – June 24, 2019
12
allow the placement of buoys identifying the 100 foot point to protect the shorelines of Lotus
Lake. The bottom line is people don’t, they just don’t know what 100 feet looks like. We
learned this when we had our LLCA wide meeting. We marked that out and people were like
that’s 100 feet? They had no idea so a visual demarcation of what the 100 foot point is would
really go a long way to help Lotus shorelines. We ask council to work with us to come up with a
solution to educate the public about existing laws on Lotus Lake and to protect the shorelines of
Lotus Lake. We ask you to put Chanhassen citizens and lakes ahead of outside influences.
Thank you.
Mayor Ryan: Thank you Ms. Susla.
Jill Sims: Good evening council. My name is Jill Sims and I am Minneapolis resident so one of
your nearby neighbors but I represent the National Marine Manufacturers Association. I
appreciate you sharing our data. Minnesota is the number two registered state in the country for
registered boaters. What you saw was the Third Congressional District which has about almost
90,000 registered boats but Minnesota has 825,000. 825,658 registered boats according to, I
want to say this is 2017 numbers. We’re a big state for boating. We’re big advocates for boating
access for everyone. If you come to the Minneapolis Boat Show you’ll see people like Paddle
North and you’ll see people like Marine Max. We’re here to get everybody out on the water.
Educate them and be safe about boating. I think this is a huge opportunity to, in the work session
we brought up the DNR’s new campaign. WSIA, Water Sports Industry Association also has a
similar campaign. I think some of you may have seen these cards around. We’re happy to
supply them. They’re at no cost to you or to the lake association, whoever wants them we’re
more than happy to get them for you guys. The biggest thing here and I think you’ll even hear
from some more residents. We have a lot of residents that are in attendance. We do have a lot
of, I mean we’re a big boating state. We’re the number two boating state in the country. We’ve
got a lot of marine dealers. We’ve got a lot of people who want to boat and who have a vested
interest in boating and keeping boating access open for everyone. I really, really encourage you
to speak with the DNR. I’m happy to help arrange that for you. You may or may not be aware
but there’s a boating law administrator, Lieutenant Adam Block. He s fantastic. He is a great
resource and he can better speak to the legalities of the lakes and what you want to do but I
encourage, I really encourage a conversation with Adam and like I said I’m happy to help
facilitate it. Todd you may already know Adam. Some of the other folks at the City but I think
that’s a great resource and I mean Minnesota, we don’t have private lakes. Minnesota is a public
lakes state so I think really encouraging and looking at keeping those lakes public and open to all
if you are choosing to buy a property on a lake it is a public lake. It has public access and we
really want to help educate to make sure that that lake is being safely used for everyone and that
everyone has that opportunity. So thank you for your time.
Mayor Ryan: Alright thank you.
Adam Fletcher: Thank you council members. My name is Adam Fletcher. I’m at 6551 Fox
Path just on the north end of Lotus Lake. I’ve been on Lotus my entire life. Over 30 years. I’ve
Chanhassen City Council – June 24, 2019
13
been fortunate enough to be raised in the water sports industry and now professionally have been
in the industry for over 10 years. I sell inboard ski boats and a huge part of the work session that
we were just part of, a big chunk that seems to be missing is the experience of being on one of
these boats and even knowing what wake surfing is so the City of Chan’s got a pretty unique
situation with 3 of the largest inboard boat dealerships respectfully in the country. Owners or
employees of those companies live in Chanhassen so you have the opportunity to reach out to us.
I will give you guys all my contact information. I’d urge you to come out with us. Use us for
time on the lake. Experience these boats. Experience what we’re talking about because if you
ask me about baseball I’d have no idea. So if you have no idea what wake surfing is reach out to
us. We’d love to show you and give you that first hand experience. You don’t have to be behind
the boat but you know come out for a ride and that’s what I’d like to share with you guys so
you’ve got a ton of opportunity to reach out to professionals in the industry and not just a lot of
rhetoric and stories so I appreciate your time. Thank you.
Mayor Ryan: Thank you.
Adam Fletcher: Yep.
Jeff Gustafson: Good evening. My name is Jeff Gustafson. I live at 7405 Chippewa Trail here
in Chanhassen and I’ve been a Chan resident for just over 5 ½, well about 5 years now but I’ve
been a Lotus Lake and water sports, Lotus Lake enthusiast the last 14 years and a water sports
enthusiast my entire life. And I come from a family of water skiers. My grandfather did up into
his 70’s until he tore his hamstring unfortunately but I am a competitive water skier and a self
proclaimed environmentalist and there’s a lot of things that I hear tonight in these discussions,
both in the work meeting and otherwise that harken back to a time not all that long ago when
similar discussions were being held in lakes that I’ve been involved with. My parents cabin in
Central Wisconsin for example, around the topics of wakeboarding when wakeboarding was first
introduced. It kind of harkens back even to snowboarding when snowboarding was first
introduced. It harkens back to personal watercraft or jet skis when they were first introduced and
a lot of the themes around nuisance, around safety, around shoreline issues are very similar to
some of the discussions that were being held at that time and in my head it rings kind of like a
classic not in my back yard type scenario. I wanted to be, I just want to state that I strongly
oppose efforts to single out and restrict any specific type of boat, sports, discipline, or quite
frankly you know an activity that’s enjoyable to so many and I would ask the City Council
continue it’s education efforts to both enhance it’s own knowledge on the topic as well as to
educate the citizens of Minnesota and specifically Chanhassen around some of the existing rules
and regulations that exist. I’m willing and interested to help participate in that endeavor if
needed and desired. I’m both, I’m on the lake itself or through working discussions and
otherwise. Thank you very much and I appreciate your time.
Mayor Ryan: Thank you. Is there anyone else that would like to come forward. Oops, two more
people.
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14
Jack Goggins: Hi my name is Jack Goggins. My parents have been on the lake for roughly 5
years now. Again I’m probably the youngest one in the room so I don’t know if I carry a ton of
weight but I like to think that I’ve been around the industry long enough and around boats long
enough to be able to speak on this. So as I said we’ve been on the lake for 5 years. Roughly 200
hours a summer at least and that’s just with the engine running. We’re always out there
swimming, even in winter ice fishing or using the lake as much as we can. And at the same time
we do have a wake boat so I might be a little biased but I do have a kayak too and as much as I
can I’m out on that fishing. I’d like to say that I’ve never been tipped over in that. Even if I do
get rocked by waves if you’re out there enough you should be able to know what you’re doing
and if you stick to the side then you’re in a pretty safe spot. Also I’d like to say that non-
motorized watercraft have the right-of-way technically in the state of Minnesota so that should
be their first move to get in front of a wake boat instead of a wake boat having to look out for
them and that’s what people should be doing on kayaks and canoes. Also on the point of safety,
surfing is a lot less, or a lot safer than other water sports as you’re only going 13 miles an hour.
I’ve taught wake surfing for about 2 years and I’ve taught all the way from 5 years old to my
grandpa who’s 65 with two knee injuries and nobody’s ever been hurt on my boat and I’m pretty
lucky to say that as an 18 year old kid. I haven’t hurt anybody on my boat. Not even a scrape.
You know overall it would be tough to see it banned. A lot of people are against it but it’s a
good sport. It’s good for people to do and overall it’s a lot safer and there are ways to work
around it.
Mayor Ryan: Thank you.
Jack Goggins: Yep.
Pamela McGrann: Hi.
Mayor Ryan: Hello.
Pamela McGrann: My name is Pamela McGrann. I live at 6540 Fox Path and I’m taking a
detour to a different topic that I hope will bring a smile to everyone’s faces. You may know that
this past weekend the LPGA was held at Hazeltine and you may know that Hannah Green won.
I just wanted to mention that the entire Australian team actually stayed next door to us and my
husband and I helped out with their stay and this morning their manager came to our house and
said you know I would really like the people of Chanhassen to know that this is such a beautiful
place. It’s been so calm and conducive to I guess the kinds of things that elite athletes need to
have to win and she felt that their stay here played at least a little role in the win for Hannah and
so I just want to thank everybody for working hard to maintain Chanhassen as just a wonderful
place to live. A very welcoming place. Generally pretty happy place so some good news.
Mayor Ryan: Great thank you.
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15
Tom Devine: I’m Tom Devine. I live at 7640 South Shore Drive on Lotus Lake. I’ve been a
resident there for 27 years. I’m very familiar with a number of the issues that are before you and
I thank you for taking the time to go through the work session prior to the meeting today because
it was a wonderful opportunity to get a balanced presentation by a number of people who are
very familiar with the issues as such. There’s one issue that was not much time was not spent on
it but when Lotus Lake was, when South Lotus Lake was established, the neighborhood, that
land was owned by Herb Bloomberg who was the owner of the Chanhassen Dinner Theater and
under a very careful and long negotiation with Herb he gave up the land or sold part of the land
there which created the landing and the parking lot up above. And within that there was a study
that was commissioned at the time and a lot of work went into trying to figure out how many
boat slots should be available for parking which then creates the number of extra boats that are
on the lake over and beyond those that live on the lake. And that number was agreed to and it
was all formulated at 10 slots there that were available on the lake. The City I’m going to say
and I don’t have the exact but maybe 10 or 12 years ago added 2 more. That was without public
hearing but those were added as handicap slots and the area at the foot of the hill there, right next
to the launch ramp, those 2 extra slots were added so there’s a total of 12 public slots now there
on the lake. The issue that I want to bring up that is really not addressed is the number of boats
that are on the lake that are launched that don’t necessarily park there in the parking lot. That
number has increased fairly significantly and one of the things that I’ve got a concern about the
whole, the overall situation is it’s been talked about the increased amount of traffic that’s
occurred on the lake and what, when the Lotus Lake Association was set up, I was a part of that
group and we spent a great deal of time trying to figure out how to monitor the lake to protect the
lake from at that time it was milfoil and then it became the other aquatic invasive species and
then finally zebra mussels. At the time that all of that went together the residents then funded the
private inspections along with boy scout troops and a number of citizen volunteers. We trained
108 volunteers for the first 3 years. The DNR trained those people. We did all the inspections
and paid for inspections out of private funds from those on Lotus Lake. Eventually the City
would not support that movement to do those inspections. The group then turned to the DNR
which also at that time was not going to support the cost of doing those inspections and then it
rolled then to the watershed and the watershed did come to the table with funds and eventually
the City of Chanhassen did, was a part of the contributory plan to pay for the inspections that
have taken place. As of right now we still don’t have zebra mussels many, many years after we
started that process and I’m pleased that that’s worked out. However the issue of the boat that
are on and off the lake that come in, there’s many boats that come before 6:00 in the morning
which is the hours that were established by the City along with Herb Bloomberg originally and
there’s many boats that are on the lake after 10:00 in the evening. And the issues really circles in
and around the compliance and the sheriff’s office. Those boats that have trailers that park in the
parking lot and often you’ll see particularly in the early spring you’ll see a number of, you’ll see
15 or more trailers parked in the parking lot illegally. I and a group of the people that live in the
neighborhood have consistently called and tried to work through this both with the City and
work through it with the sheriff’s office but it comes to the very lowest priority on the sheriff’s
office in terms of coming out and actually ticketing and monitoring that traffic and the same, I
think you heard some of that and the survey really pointed out the fact that the sheriff’s office
Chanhassen City Council – June 24, 2019
16
does not, it’s a low priority. So sometimes they do get there. Sometimes they don’t and
particularly when there’s a lot of other activities that occupy the sheriff’s time particularly on
Friday and Saturday, the sheriff’s office doesn’t get onto the lake to do some of the monitoring
that some of the residents here have been talking for on both sides of the issue. The issue that I
would ask you to look at much more significantly is two things. One, I do believe that the City
should make fact based decisions and I think that that fact based decision gathering will start or
will start relative to what the issues are and what is the issues of shoreline erosion and that and
try to define that in some format. And then secondly the City should, along with the education
that we do then what we should do is be really looking carefully at what are the other options and
I believe, like what we did many, many years ago on the aquatic invasive species and on the
monitoring education is a key component. When we got 108 residents involved with doing the
inspections that’s roughly a third or that’s two-thirds of all the people that physically own land
on the lake. There’s about another 100 or 125 that had deeded access to the lake that own
property in and around the lake so those 250 we covered a lot of people with education and so
the use, the avoidance of aquatic invasive species in part happened as a result of education. I
think we really look, the council should be challenged to look as many options as they can
relative to looking at how we can support that work on an educational basis. And then gather
from that an additional survey work. Try to understand what the rest of the issues are and then
formulate a plan that’s based on the facts of much of the information that can be gathered going
forward. And I close with one last remark. I served on the Board of Regents at the University of
Minnesota for 8 years and during that period of time a lot of work, we established the aquatic
invasive specie and it was a result of the work that got started on Lotus Lake and doing those
inspections and working with the DNR and the funding came obviously from the State of
Minnesota to establish that department. And I don’t think and I’m going to go back and check
with that unit. That unit is very well established now and they’re doing a lot of physical
research. I’m going to see if they have a shoreline measurement tool other than just you know
the photos that we were looking at but to see if there’s a more significant tool that’s available
because that might be something else as this issue comes along that we might look at from a
purely research standpoint to have more fact based decisions for understanding what those issues
are. But I thank you for your time and I thank you for all your consideration that you’ve given to
the topic and again Mayor thank you for your direct work in opening the citizenry up to having
this work as part of what was your campaign approach this year. Thank you.
Mayor Ryan: Thank you. Any more visitors? Okay normally I don’t do summaries of visitor
presentations but we don’t typically have as many as we do so I’d like to just take a few
comments for those that are especially watching at home that might not be as familiar with why
the influx of people here tonight or residents here tonight discussing the wake board, surfing,
Lotus Lake concern that was brought before us and without going into too much detail we just,
we had a works session earlier this evening where we had two presentations in regards to Lotus
Lake and some of the activities surrounding it thus prompting residents to stay for the work
session to again to communicate their viewpoint on this topic. We have received numerous
emails and phone calls over the past couple weeks as soon as this got put on the agenda so we’ve
heard and even if everybody has not been responded to please know that your emails have been
Chanhassen City Council – June 24, 2019
17
received and read. So again I always appreciate and I know council as a whole appreciates
hearing from the residents. Going forward, so a lot of times the question is what next and based
on the direction that I understand council to have given in our work session in terms of the topic
as it relates to regulations on Lotus Lake, at this point we want to focus on education piece and
the LLCA put forward a sign that our city staff is then going to review to see what, you know
what that would look like and some of the process and bring that back to council to evaluate the
signage. The other decision that was made or the recommendation at this time is to wait for the
DNR to address this on a statewide level. The reason being is as, I don’t remember her name
that pointed out Adam Block. I had quoted Adam Block in my, during the work session that the
DNR, he represents the DNR and he is, and the DNR is putting forward a campaign that is Calm
your Wake for Everybody’s Sake and it is a topic that the DNR is hearing about often from
residents all across the state of Minnesota and so the DNR is aware of it and they’re evaluating it
and council has at this point recommended that we wait to see what the State does in terms of
regulation and recommendation for any changes to what is permitted and what is not permitted
on lakes. I would encourage, and so that, so in terms of the topic of water surface use and high
water occurrences on Lotus Lake that we talked about in the work session. Those are the two
take aways that I believe council has put forward is focusing on education and then waiting for
the DNR to come back to see what they have evaluated and decided over the course of this next
boating season. The LLCA also put forward in our meeting additional requests from council and
although I know you put it in a presentation I would ask that in terms of addressing AIS issues, I
know that’s a concern and you’re being proactive in requesting the treatment off ramps and
building a shack. I would ask that you fill out a form. Not to be redundant of course but I think
it helps keep track of the requests that come forward. I know we have your presentation from the
LLCA but I would like to see that so that the city staff can be sure to follow up and then that is
included in our packet so I’d like to see some follow up on that. I think that that is it. Just for
people that may have anticipated that we were voting tonight, we are not voting. There is
nothing on our main agenda for us to be voting or acting on. This was merely the beginning of a
discussion. I think we are all aware of, just because we had this conversation this is not going
away. It’s not going away in our city and it’s not going away in our state and let’s just continue
to communicate and work through the process together. I think we have a very active lake
association. Residents as a whole and I would encourage you to continue the conversation
amongst yourself as an association and homeowners and communicate with us as a council but
that’s kind of where we’re at right now. Is we’re going to focus on the education in the state of
Minnesota and then as things come forward we will continue to address them so please know
that there is no voting happening tonight. The conversation as it stands is not closed but is on
hold until we hear something further from the DNR. Any other comments from council as it
relates to that? Okay thank you.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE.
Mayor Ryan: Next on our agenda, we have the fire department and law enforcement update.
Who would like to start? And you can wait. Perfect. Thank you everybody for your
participation.
Chanhassen City Council – June 24, 2019
18
Chief Don Johnson: Good evening mayor and council. I’ll be presenting our update for June.
I’ll make this extremely brief for your sakes. We have no remarkable things to report for our
staffing. With the exception of we did, we rolled out and continue to work on the pilot program
for our weekend rollout. I’m happy to report that by June 10th all of duty crew shifts were
covered for both weekend days and our week shifts by June 10th for July so our software package
has been extremely more beneficial than we thought in helping us work through that and
empowering our staff to select shifts. Make trades and work with an operating schedule. In May
we responded to 71 calls for service which brings our year total up to about 393 and projects out
to about 950 for this. As you remember we were at 920 last year. Significant calls were 46
rescue and EMS calls with 2 motor vehicles accidents involving injury. Two fire related
responses. One to mutual aid through Eden Prairie and one multi-vehicle fire in the Lake Susan
Apartment parking lot. We had officer and leadership training as well as two sessions of live
burn training. Extremely thankful and proud of our black hat this year and Mayor Ryan and
Councilwoman Coleman for attending our black hat where we honored 4 of our folks for just
passing their 2 year probation. We were significantly proud to assist Chaska Fire and the LPGA
with the KPMG Open. We served several positions during that this past week with our staff,
both on course and in the city. As well as we’re getting ready for 4th of July events. I do have to
say please to our citizens be careful this 4th of July season. The only legal fireworks in
Minnesota are the ones purchased in Minnesota so if using other devices just remember once you
let those aerial devices go you can’t get them back so we have, we’d like everybody to practice
safe and enjoy the holidays so and also see our fire trucks and all of us out in the parade so enjoy
your 4th of July and that’s all I have for council tonight. I can stand for questions.
Mayor Ryan: Thank you Chief. Didn’t you escort some state champions as well.
Chief Don Johnson: Well thank you for reminding. Yes I did. I did get a call from the athletic
director and I believe the sheriff’s office and us we escorted the Chaska, or I’m sorry the
Chanhassen Girls Golf Team State Champs in town this last month so a little bit of an ad hoc
throw together at the last minutes but we’re used to that so we were happy to respond to that and
congratulations to their team.
Mayor Ryan: Yes thank you for doing that. I know it was very exciting for those young ladies
so thank you for doing that.
Chief Don Johnson: You bet.
Mayor Ryan: Thanks Chief. Lieutenant.
Lt. Lance Pearce: Mayor, council. Just to cover a recap the month of May real quick so we can,
I’ll leave soon. We had 58 crimes. 16 Group B crimes. 264 traffic stops last month. 5 DUI
arrests. 15 drug arrests. Crashes were up a little bit. 40 property damage and one personal
injury crash and last month we issued 57 citations. Total calls for service were 900. Training
Chanhassen City Council – June 24, 2019
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update. In May all of our deputies went through an in service training consistent with all day
firearms range and I believe that included a qualification for the year as well. Community
relations. Sheriff’s office spring Citizens Academy graduated 10 people on May 2nd and then we
also sponsored two courses through the #notme organization so we’re going to building out that
this coming year as well county wide. And then we also did a direct presentation for the fifth
graders at Excelsior Elementary on May 10th. Staffing update, we are full staff for the City of
Chanhassen. So that recaps the month of May. Month of June as you are all aware, last week
we had a rash of theft from vehicle and burglaries that unfortunately we were victim on the east
end of our county and also metro wide and I’d like to remind everybody watching to please make
sure that your vehicles are locked up. Take your valuables out of your car. Make sure you know
where your garage door opener is because that’s what they’re doing so grabbing your garage
door out of your car and then burglarizing your garage. So we’ve stepped up extra efforts in our
neighborhoods to just do a little education. We found a number of open garage doors and we’re
making sure we’re getting those closed up.
Mayor Ryan: Thank you.
Lt. Lance Pearce: Any questions?
Mayor Ryan: Council any questions? Yeah go ahead.
Councilwoman Tjornhom: I have a couple things I’d like to bring up. I think it’s important that
the people that are watching tonight and that will be reviewing the Minutes that we kind of talk a
little bit about what’s been happening as far as public safety goes and the incidents that occurred
the last couple weeks. It’s been systematic throughout the metro area of course and so back, a
while back Chanhassen used to have Beth Hoiseth and she would send out public safety alerts
when there was a break in or something was happening in or around some of those
neighborhoods and I don’t know if we have that anymore and I’m wondering what we do as a
city to alert people to a crime that has been committed and if we actually do have a process they
should follow. Who should they call? What should they expect after that phone call? And just
the process that happens once they do spot a potential crime…
Lt. Lance Pearce: Sure. Well the first answer to one your questions, there were several in there,
is to just call the sheriff’s office. 911 is completely fine whether you think it’s an emergency or
not please contact the sheriff’s office and we will respond to your call for service depending on
what that is. If it’s an after the fact thing it might be in person. It might be a phone call but
certainly if it’s any sort of an in progress thing we will respond in person. It doesn’t matter what
call it is. To address a couple of your other questions. No Beth Hoiseth obviously doesn’t work
for the City of Chanhassen anymore. With the popularity of social media we, the sheriff’s office
sends out press releases. I just completed two of them this morning for events that happened
over the weekend so those go out to all of the media outlets that we have. Some of those
incidents get posted on our own sheriff’s office Facebook, Twitter, those kind of things. I know
the City has one here. I posted one last week through the City because of what happened a week
Chanhassen City Council – June 24, 2019
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ago so we’re trying to reach out to the public in those formats. As far as the county sheriff’s
office we don’t have somebody that’s dedicated just for that so we’re trying to get the message
out to people in avenues where we think that they will actually get the information.
Councilwoman Tjornhom: That’s great to know and I think, if you go back and you read our
citizen surveys and the people of Chanhassen do feel safe. I mean they feel that this is a safe
place to live and I think that’s in large part of you and what your department does to keep us safe
but I think it just is more in people’s minds recently because of this, in lieu of the fact that there
have been a lot of thefts and there have been a lot of break in’s and just a lot of people
concerned.
Lt. Lance Pearce: Yep and I think to address some of that the current theme that we’re seeing is
opportunistic based so we’re not seeing people getting hurt. We’re not seeing that so I’m
certainly not down playing at all but it’s an opportunistic thing. They’re not breaking into your
car. They’re finding it unlocked or the windows are down because it’s finally nice outside.
Councilwoman Tjornhom: Right.
Lt. Lance Pearce: So that’s kind of what we’re seeing.
Councilwoman Tjornhom: And then if you did and forgive me if I didn’t hear correctly but
could you kind of walk me through the process of what happens when someone does call your
office and they say I think I saw someone trying to get into my car. What they can expect from
the sheriff’s office.
Lt. Lance Pearce: Sure, yep. Let’s take your scenario that you’ve given me. So some people
might thing that it’s taking us forever to get to the call when we’re looking for the people first
before coming to your house to talk to you because if you call with a I just saw somebody or I
think I saw somebody trying to break into my neighbor’s car. Well we’re going to try to find the
people. If you give us a description of the people or a suspicious vehicle, whatever the
information you give us we’re going to go try to find them first before we come back and get the
back end information so it might seem like in certain instances that it’s taking longer than you
think is reasonable but we’re actually doing the police work on the back end before we come and
get the information for the people.
Councilwoman Tjornhom: So once I dial 911 and they speak to whoever.
Lt. Lance Pearce: Our dispatcher yep.
Councilwoman Tjornhom: Dispatcher, thank you and you are dispatched out and you go out and
see what’s going on. Should they expect you then to contact them or will, if there is no incident
will, you’ll just close it?
Chanhassen City Council – June 24, 2019
21
Lt. Lance Pearce: I would say our standard practice would be to contact people. Let some
people, there’s a delicate balance in the middle of the night.
Councilwoman Tjornhom: Sure.
Lt. Lance Pearce: Because if you call me up and say I’m going to bed, I saw something a little
weird. Some car just went by. I have no idea who it is. Call you back 45 minutes later because
we’re going to wake you up. If you’re calling us and say somebody stole something from my car
yes we’re going to come back and talk to you.
Councilwoman Tjornhom: And thank you.
Lt. Lance Pearce: And that’s a delicate balance too because you know some people don’t want
to be called back either. Some people just say I’m just giving you the information and hang up
the phone.
Councilwoman Tjornhom: Exactly. But I just think that was some of the concern is I don’t
think people understand the process or what to expect because I mean most of them never had to
call you.
Lt. Lance Pearce: Correct.
Councilwoman Tjornhom: …so thank you.
Lt. Lance Pearce: Did I answer your questions?
Councilwoman Tjornhom: You did. You did very well thank you.
Lt. Lance Pearce: You’re welcomed.
Councilman McDonald: Madam Mayor?
Mayor Ryan: Yes Councilman McDonald.
Councilman McDonald: Well good evening and thanks for being here. You’ve been here on a
good night. The question I’ve got for you is that at one time we used to get these charts and
everything and it would tell how many of a particular crime we had seen during the past
reporting period and it was also a way to wrap it up for the year to date and compare that to the
previous year. I know we went to NIBRS and there was some difficulty with again correlating
between the old system and the new system but the reports you give us now it just lists the
activity codes. Is there a way to also get at least with just the NIBRS base numbers how many of
these particular ones did we see within the past month and what’s our year to date totals?
Chanhassen City Council – June 24, 2019
22
Lt. Lance Pearce: I can certainly run that. That’s easy enough to get the year to date totals to
answer that part of it. The first part of it is, it’s I’m sure Lieutenant Kittelson explained the
difficulty from the old system and the new system because it’s a completely different way of
calculating the activities so we can certainly do that for the last year and change as far as
comparison rates but to break down each individual one it would be a little difficult to do that
absent of going into each report which would be extremely time consuming to do that. And I’,
not sure what long term benefit that would.
Councilman McDonald: Well I guess what I’m looking for, just like on the fire department you
know we get things broken down into big chunks but it begins to tell us what particular areas the
fire department’s maybe spending most of their time and if there’s something we need to
consider and I guess that’s what I would be looking for here because you know every 2 years
whenever we redo the contract it would be nice to know where are we at as far as particular
crimes. Do we need to change things a little bit but something with a little bit more information I
guess to be able to tell us how things are going. I know you’re doing a great job because again if
you weren’t it’d be all over the newspaper and I know Unsie over there would be all kinds of
stories so I know you’re doing a good job. That’s not the issue but what I would like to know a
little bit is what kind of crime are we seeing within our community and what can we do about it?
Lt. Lance Pearce: Okay. If you’re looking for a data driven response I can certainly look into
that to try to break that down a little bit for you. If you’re looking for a educated response I can
certainly give that to you and I think that kind of goes back to my explanation about
opportunistic criminals.
Councilman McDonald: Right. Well how about this, I’ll talk with the City Manager and explain
to him what it is I’m looking for and we can talk about it and then I’ll let him talk to you if
there’s something that we need to do but it just, I just feel we’re missing information that we
gave up something by going to the NIBRS system. I think some of the granularity of you know
what’s going on within the community would be lost.
Lt. Lance Pearce: Okay. And I certainly understand that and that’s a, you know that NIBRS
thing is a, and I’m sure this was explained by Lieutenant Kittelson but you know this was a
required format by the FBI that’s I think Minnesota, I think there’s one other state that have not
gone to it yet so it’s, it’s a forced system that we’ve all had to go to.
Councilman McDonald: No I’m not complaining about going to NIBRS or anything like that.
You know it probably gives you better information at least on a national level and all of those
kind of things which I can understand the FBI wants. I’m just asking for what’s going on with
our community. I can’t tell by looking at this.
Lt. Lance Pearce: And I certainly understand that.
Chanhassen City Council – June 24, 2019
23
Councilman McDonald: And I’ll talk to the City Manager. Maybe he can kind of boil it down to
what it is we need or something. Thank you.
Todd Gerhardt: Mayor and council…we’ve seen the data breakdown earlier this year for some
reason we haven’t been getting that the last couple of months. I’ll show tomorrow what that is
and it’s a pie chart that shows total A offenses, B offenses, non-criminal.
Lt. Lance Pearce: And what the code breakdown is.
Todd Gerhardt: I didn’t.
Lt. Lance Pearce: You guys aren’t getting that?
Todd Gerhardt: Yep.
Lt. Lance Pearce: Okay we’ll talk tomorrow.
Todd Gerhardt: Yeah and then Lieutenant Kittelson gave a staff report with a 5 year history and
total crimes over a 5 year history back in February… I’ll send that off to council as kind of a
reminder and then I’ll work with Lance on these other reports and get those…they’ve been able
to produce them in the past.
Councilman McDonald: Okay thank you.
Mayor Ryan: Thank you. Thank you Lieutenant.
Lt. Lance Pearce: You bet.
CONSENT AGENDA: 3617 RED CEDAR POINT: CONSIDER REQUEST FOR
VARIANCES FOR LOT COVER, LAKE SETBACK, AND FRONT YARD SETBACK.
Mayor Ryan: Next we’ll go to old business and that is moved from the consent agenda to this. It
will be 3617 Red Cedar Point, consider request for variances for lot cover, lake setback and front
yard setback. Councilman McDonald you had asked to pull this off.
Councilman McDonald: Thank you Mayor. Last week when this was presented to us there was
a lot of stuff going on about we’re going to cut here. We’re going to move there and we tended
to in some respects I thought begin to lose sight of okay what’s the problem. Well the problem is
being able to park cars in a driveway and I never got an answer at that point because of all the
shifting of numbers and what we were looking at. Okay where do we stand in regard to that?
The biggest complaints that I’ve read from the residents is again they don’t want us setting a
precedence where we create something that allows someone to do parking in the street, in the
driveways and really just kind of make a bad problem even worst. I’ve been on the council now
Chanhassen City Council – June 24, 2019
24
12 years and Red Cedar Point has always been a problem. It has nothing to do the residents. It’s
just the layout and the topography of that area. I’m not sure anybody ever envisioned big houses
being built there so I think that’s what you’ve got to live with. But in the meantime we can’t just
go in there and make bad problems even worst so I would like to see tonight, walk me through
how we solved these problems. What are the numbers, especially within the driveway and the
question I’ve got is, okay can I park 3 cars in the driveway. And you know again not parallel to
the street. Perpendicular to the road. That’s how most people park so that’s what I’m looking
for is answers to that question and we didn’t even begin to touch the surface of that the last time
so that’s my concern and that’s what I’m looking for.
Mayor Ryan: I’ll turn it, thank you Councilman McDonald. I think based on what you know
what was discussed last, 2 weeks ago the driveway was the concern. The driveway, what was
happening with the garages I think was a point but as Councilman McDonald said if you guys
could just walk us through this and let us know what changes were most recently made that
would be helpful.
MacKenzie Walters: It should be up in a second. There we are. So this is what the applicant
provided at council direction. Council’s concern had been the length of the stalls and whether or
not they could accommodate the perpendicular parking of vehicles so the applicant had proposed
and provided a revision showing a 3 foot recess of the third garage stall. So that would get a 17
½ to 17.8 foot stall there that would be 16 1/1 feet wide at it’s narrowest. That would
accommodate the off street parking of one car perpendicularly.
Councilman McDonald: Excuse me. I’m just kind of a simple person from you know the
country and everything. Don’t talk to me about length of something. Are we talking about a
Suburban? We talking about a Malibu? We talking about a Toyota Corolla? You know in those
terms then I can kind of understand.
MacKenzie Walters: Your average mid sized sedan is going to be about 16 feet.
Councilman McDonald: Okay thank you.
MacKenzie Walters: Again there’s a, you know. So yep.
Todd Gerhardt: Mayor and council. Typical parking spot is 9 by 18. The one that’s in Target is
9 feet wide, 18 feet long are the lengths.
Councilman McDonald: Okay.
Kate Aanenson: So this is what we, you directed the staff to, or the applicant to do. So that’s
what represented. They redrew that and that’s what was represented tonight.
Chanhassen City Council – June 24, 2019
25
Mayor Ryan: So just to clarify because I know that we requested this but I think just for
clarification reasons what had happened was the Planning Commission had approved that green
line and then when the applicant came up and builder came up and we started, they started
playing around kind of with the numbers that’s when Councilman McDonald said I’m not sure
what these numbers are. I would like it written down to, so we could evaluate what changes
were going to be made so I just want to make sure that we’re clear on what the request was. Not
that this is what council was recommending rather that this is what we just wanted to have it, you
know in a formal manner of what they were requesting. Correct? Okay.
MacKenzie Walters: Okay.
Kate Aanenson: The green line is the Planning Commission’s recommendation correct.
Mayor Ryan: And the blue line is the applicant’s requested setback initially?
MacKenzie Walters: That is what the applicant requested when they appealed the variance and it
is also the same as was initially requested of the Planning Commission.
Mayor Ryan: And then at the Planning Commission meeting they weren’t comfortable with that
line. Rather asked for a 3 foot setback all the way across for the entirety of the garage and not
where the green line is.
MacKenzie Walters: Correct.
Mayor Ryan: Okay. And I know there’s been some back and forth on, well I’ll pause. Council
any other, Councilman McDonald do you have any further questions on the driveway at this
point?
Councilman McDonald: Well I guess what I’m looking for and what you’re kind of telling me is
that, that’s not really going to accommodate an average vehicle then when you get to the, well
the left hand side looking at the house. My right hand side because if that’s, if I’m reading this
right that’s only 11 ½ feet, is that right? Am I reading that dimension right?
MacKenzie Walters: Correct. An average sized vehicle would only be able to perpendicularly
park in front of the recessed third stall here. Not in this section.
Councilman McDonald: Okay and I know that we cannot put an ordinance in place that says
okay your car can’t overhang into the street because that’s just not practical so the only shot we
have at all this is to try to get it so that people would not create that kind of a problem to begin
with. I guess I’m having problems with the driveway you know. Had a problem last week.
Thought maybe we solved it. I’ve got a problem now. It’s great that we recessed that one part
but we really didn’t solve the problem. Tell me if I’m wrong.
Chanhassen City Council – June 24, 2019
26
Councilman Campion: One question. There is a comparison…
MacKenzie Walters: Yeah staff calculated it at an average of 4 ½ spots per property for the
surrounding parcels. Garage and driveway included.
Councilman Campion: And this property.
MacKenzie Walters: Would have 4 spots if we’re only counting the perpendicular spot with the
3 car garage and then the one spot in front of the recessed stall.
Councilman Campion: That would be a total of 4? Okay.
Mayor Ryan: And if the 2 stall garage was recessed at 3 feet does that, and you pushed the third
stall back forward so the short part of the garage is the third stall and the double garage has the 3
foot setback then do you get, are you able to set the 2?
MacKenzie Walters: Yeah so staff in response to some of the emails received from the
neighbors created a quick diagram to help visualize what that would do. If the 2 car garage is
recessed back you would get approximately 18 ½ foot stall down here because in order to make
the 16 ½ foot minimum you would push this down 4 feet and so you would create about an 18-19
foot wide section of driveway. 16 ½ foot deep at it’s lowest. That would then move out to 18 ½
at it’s widest and that would accommodate 2 average sized cars parked perpendicular in front of
the garage.
Mayor Ryan: But the concern there was the loss of garage space or house space? Or depends.
MacKenzie Walters: It would depend on how the applicant chose to configure their space.
Councilman McDonald: Okay and as I recall we talked about that a little bit and that’s what the
third stall was going to take care of was a boat which seemed to be the big thing that they were
concerned about so the other two should be a regular vehicle because I didn’t hear about
anything special that needed to go into the two car half of that. Is the applicant here tonight?
Colleen Schultz: Can I ask something to council?
Councilman McDonald: Sure.
Colleen Schultz: Hi. My name is Colleen Schultz. I actually live in Eden Prairie. Not
Chanhassen but I live really close. I’m right by Dell and 101. I’ve been a resident of Eden
Prairie since 1994 and I’ve been a licensed real estate agent since 2004. Pam has been a friend
of mine for about 24 years. The reason that I’m here tonight is just to kind of go over, when Pa
bought this property there was a variance that had been approved and that variance was very
different than what we’re looking at tonight. See the variance that was in place a year ago
Chanhassen City Council – June 24, 2019
27
actually until February of this year, that variance approved, it was approved with less parking
and with a lot more hard cover. Since that variance lapsed, Pam missed it by 30 days partly
because her dad had a heart attack and that just makes life complicated and so she was 30 days
out from being able to use that variance. But the things that she’s done to not only do what the
staff asked her to do but to go beyond that, the staff had asked her to have at least a 9 foot wide
part of the driveway be at least 16 ½ foot deep and she has created with her last revision 10 foot
wide that’s over 17 ½, 17.8 feet deep. She took the hard cover which is really important by the
lakeshore, she took the hard cover from 36 percent all the way down to 26.35 percent and in
doing that she’s created a better environment. Pam has also agreed to do the vegetation buffer
which is new for the area. It will help a lot of the problems that you guys were listening to
before about lakeshore erosion. She’s able to start that trend right on the lake. In doing all of
that it makes it a little bit harder to keep squishing the house so if she keeps squishing the house
in she can’t really go closer to the lake. You can’t go both ways. So what she is asking for is for
a variance. I know that more than 22 variances have been approved and this one is less variable,
or it’s less outside of what is actually asked for without a variance than many of the other
variances that were approved. It is a tight spot for parking. It is. That street always will be but
instead of trying to, instead of trying to make this just for Pam she’s actually with her, all of the
parking that’s inside the garage and the parking that’s outside, you can park between 4 and 5 cars
which is common for that neighborhood. It’s not a great place for extra parking and that makes
it difficult not only for anybody on that street but for the neighbors on other streets around and I
understand that all of the other streets around are also interested in the parking like throughout
the neighborhood. It makes a difference. But what I see is somebody who has tried to make
things work. What I see is somebody who has taken a variance that was approved and she’s
reduced it. She’s reduced everything that was approved before and it probably seems a little bit
frustrating and I apologize. It seems frustrating that the numbers have moved so many times but
I believe that that was her builder and Pam trying really hard to make something work in a
neighborhood where things have to be a variance in order to be built. This house is not out of
line with the other homes that have been built there. It’s not bigger than the other homes that
have been built there. It’s smaller so thank you very much for listening. I appreciate your time.
Thank you.
Mayor Ryan: You know I think, and we appreciate the, you know some of the work that the
applicant has done. I think the issue still remains and what is the decision that council has to
make is, I think it’s facing, is addressing the concern over the driveway and whether it’s the
recessed 2 car garage or the recessed 3 car garage in terms of what that allows for driveway
space because I think the long term concern is the overhang into the street on a very narrow
street. And so with all the other changes that were made as part of the entire application I know
is appreciated. The single concern that I’m struggling with is the size of the driveway and
parking of cars.
Pam Reimer’s comments from the audience were not picked up on the microphone.
Chanhassen City Council – June 24, 2019
28
Mayor Ryan: I’m going to ask you not to make comments from there please, thank you. Would
you like to address, I mean I know historically we’ve never moved a structure closer to the
water. And I was under the impression from the last meeting that the challenge with moving it
closer was then the redrawing of homes and footings, etcetera. I thought that was a concern on
why we initially didn’t, and why the Planning Commission moved the line back instead of
moving the entire house towards the lake.
MacKenzie Walters: Yeah city policy has typically been when dealing with the lakeshore
setback to look at the existing non-conformity and establish that in the variance but not to allow
the structures to move closer. It was staff’s understanding that one of the reasons for retaining
the house footprint in question was the engineered piling system that had already been planned
out.
Mayor Ryan: And that was why it ended up being what the Planning Commission recommended
versus a recommendation towards the lake.
MacKenzie Walters: Correct.
Kate Aanenson: It was also, I just want to add too then there was also the additional requirement
for the buffering so that’s required with the variance that you, to mitigate that you would do
additional landscape and the Water Resources Coordinator put that recommendation together.
Mayor Ryan: Okay. So now I’m even more confused because I thought the applicant did not
want to move it closer to the lake and was that supported by.
Kate Aanenson: I think we’re into negotiation now with what can I do to keep the building
footprint. The length. That’s what I’m hearing.
Mayor Ryan: Go ahead Councilwoman Tjornhom.
Councilwoman Tjornhom: Councilman McDonald confessed tonight that he’s just a simple
country boy I think he said. I’m not a country boy but I’m going to keep it simple too because
there’s too many lines and too many numbers and too many meetings and I just really want to
know what’s it going to take to get this done. I mean what do they need to do, what are the
magic numbers we need to see to just stamp this and be done. You know without going back and
have another meeting and negotiating and coming back with a new drawing and having to
explain everything again. I just want to know what we’re looking for.
Kate Aanenson: Sure.
Mayor Ryan: We’re not going to take any more comments please, yeah.
Chanhassen City Council – June 24, 2019
29
Kate Aanenson: Yeah so the Planning Commission came forward with the green line. So if we
go back to the green line that was the Planning Commission recommendation so both parties
appealed that. So herein lies the negotiation part.
Mayor Ryan: Right.
Kate Aanenson: If you look at where that green line falls that was the original recommendation
that appeared to be in consensus at the Planning Commission meeting. Afterwards everybody
had some other thoughts so that’s where we ended up in this back and forth.
Councilwoman Tjornhom: And so can I?
Mayor Ryan: Yeah please. I’m sorry.
Councilwoman Tjornhom: I’m just trying to understand this. So when you say that the Planning
Commission approved this and then after the Planning Commission meeting, I don’t know who it
was went home and decided they didn’t like what had just happened so they appealed the
decision.
MacKenzie Walters: There were two appeals. The neighbors felt the Planning Commission was
too generous. The applicant felt the Planning Commission had shorten the house too much.
Councilwoman Tjornhom: Okay. Alright so at the next meeting this came back. Nothing had
changed from the Planning Commission meeting correct?
MacKenzie Walters: Correct.
Councilwoman Tjornhom: At that meeting then it was proposed by the builder that the garage
stall was shorten in order to give length to the driveway.
MacKenzie Walters: Right. While retaining the initially requested blue line here.
Councilwoman Tjornhom: Okay. So here we are tonight, what do we need to do to complete
this and make it satisfactory for city code, the applicant and us?
Kate Aanenson: Okay again I’ll go back to the green line was what was recommended by the
Planning Commission so at the City Council meeting both sides were representing, one wanted
in the spirit of compromise to say I’ll move back to the green line but only on a portion of it. But
you’re still not in concurrence with the neighbors and the homeowner still would like the
additional parking so.
Chanhassen City Council – June 24, 2019
30
Mayor Ryan: Have we ever approved any structure moving closer to the water? Has there been
a variance granted because I don’t want to set that precedent of starting to moving structures
especially know that future development in this area.
MacKenzie Walters: I’m afraid I haven’t, yeah I don’t have info to answer that question. I’ve
always been informed our policy has been we do not allow stuff to move closer to the lake.
Councilwoman Tjornhom: One more simple question, so what is, what does the ordinance say?
If we’re going to not listen to the neighbors. If we’re going to just look at the facts what does the
ordinance say we can approve?
Kate Aanenson: Well they’re asking for relief from the ordinance so you have discretion. What
we deviated from is, from what the Planning Commission recommended both parties were trying
to negotiate that. So again we went by the basis of as MacKenzie said the basis of the original
variance which had lapsed so there was some feeling that we were within close proximity to that
original one based on a lot of engineering what had been done that that would be acceptable and
that’s how the green line got put in place. Which is probably closer to the shorter garages all the
way across. So can that be picked up in the garage or the house, that’s the issue and what we’re
hearing the applicant say is they don’t want to have to give up that space.
Todd Gerhardt: So Mayor, council members I think the question before you is do you feel as
though the driveway should have somewhere between 17 to 18 feet of width outside of the
garage.
Councilman McDonald: You mean depth. Not width. You mean depth.
Todd Gerhardt: Depth. And then you go to the red line, blue line, green line and I’m having a
tough time MacKenzie, I don’t know how deep your black line is into the garage.
MacKenzie Walters: So the black line into the garage is, it’s 4 feet here which is what you
would need for the wider garage and it would be 18 ½ feet here from the black line to the curb
and 16 ½ feet on this leg from the black line to the curb.
Todd Gerhardt: Okay so what this does is get you two parking stalls out on the driveway and 3
parking stalls for smaller vehicles inside the garage unless the applicant moves the living quarter
wall in the garage towards the lake inside the house and makes the garage bigger but the living
area smaller. So that’s what this option gives you.
Mayor Ryan: Recessed two car.
Todd Gerhardt: Okay so you’re getting 4-5 cars. Two outside, three inside. Okay go back to the
other one. This one gets you 3 garage stalls inside and one stall on the outside with the bumper
Chanhassen City Council – June 24, 2019
31
right on the curb. They’d better be hugging this property line or driveway line because a typical
driveway as I said is 9 by 18 and that’s 17.8 is pretty close to 18 so.
Mayor Ryan: So to reiterate for simplicity what I am hearing the three options tonight. I still
hear three. In terms of driveway is either the recessed third stall which is showing right now,
The recessed two stall which is the next slide or bumping the entire structure 3 feet towards the
lake unless we would…and then you return to the original what the Planning Commission
approved but was appealed twice. So you heard the applicant say then just move the structure
back. That would be a precedent for the City, that’s something we consider or the one recessed
or two recessed.
Todd Gerhardt: They’re already given a variance to the closest to the shore?
MacKenzie Walters: Yes we are.
Todd Gerhardt: So just a larger variance closer to the shore if we move 3 feet.
Mayor Ryan: So instead of the 21.1 foot lakeshore setback you would have to lessen that?
MacKenzie Walters: Yeah it would then be 25.1 foot lakeshore setback.
Mayor Ryan: Wouldn’t you go?
MacKenzie Walters: Variance. Setback variance, apologies. I misspoke.
Mayor Ryan: So you would add to it, okay.
MacKenzie Walters: Yeah.
Mayor Ryan: So council if we look at the motion that’s before us in terms of this it, the options
are either the, and correct me if I’m wrong Mr. Walters. If we pushed it back we would change
21.1 foot lakeshore setback to 25.1 foot. If we’re going with what is on our screen right now, the
recessed third stall the motion stays as is. If we go to the recessed two stall you read the motion
as is but you would then change the, the Findings of Fact I think instead of a 19.
MacKenzie Walters: Sorry if I may. You would just amend condition 16 to instead of being 9
foot wide with a minimum depth it’d be 17.
Mayor Ryan: 17.
MacKenzie Walters: And that would create the recessed two car.
Mayor Ryan: Right.
Chanhassen City Council – June 24, 2019
32
Todd Gerhardt: So if you want to know what your options are those are your three options.
Mayor R yan: And it’s really just at the discretion of the council deciding what is preferred with
the driveway. I mean that’s ultimately what we’re looking at is do you want, you know with the
one recessed car garage. You have one car that can pull straight in and the other one
perpendicular to the house. The recessed two car garage. Two cars could pull forward into the
driveway without hanging over and then obviously if you move the entire structure back the
entire driveway expands by 3 feet. Any further thoughts council or action? Or comments first,
Councilman McDonald.
Councilman McDonald: Well if I could Mayor. You know I’m not going to make the decision
as to what to do but you know as I said in the beginning parking is a problem. What you had
said up there about well yeah the lake and we’re squeezed between that. You’re also squeezed
between the road so it’s no matter what you do in order to make this fit within that particular lot
something’s going to have to give because I really feel strongly you’ve got to meet the driveway
parking or else we’re creating a problem that down the road we’re going to hear about because
we always do and it will be nothing that we can do about it at that point. That’s the issue is how
do you park at this house you know in the driveway? Solve that and everything else kind of falls
into place. That’s how I see it.
Todd Gerhardt: Mayor, council. If that is your criteria then it, the answer is to move the house 3
feet closer to the shore because that gives you enough width for your driveway and the back and
you keep the garage at the size it is and livable space as it is.
Councilman McDonald: And as the mayor said what are we creating if we do that?
Mayor Ryan: May I interject with that question because I asked Mr. Walters earlier about
precedent and Mr. Walters if you want to express some of the challenges particularly with this
house because of the road. Middle of the road is where this property line starts and in other
houses that could potentially come before us that is not the case so if you could just explain that
Mr. Walters that would be helpful.
MacKenzie Walters: Yeah so one of the things that makes this parcel unique and uniquely
challenging is that Red Cedar Point Road goes about, between 6 I believe and 6 ½ feet into the
property’s front line. When you look at the other properties in the neighborhood there’s only I
believe these ones here which have a similar situation, one of which has already had a variance.
One’s on the other side of the street because the road is offset out of the right-of-way. It actually
kind of has the opposite effect of this. Where the road contracts this one and amplifies the
magnitude of the front yard variance. In this case the additional right-of-way provides the only
additional driveway length between those houses and the road. Was that the clarification?
Chanhassen City Council – June 24, 2019
33
Mayor Ryan: Yes. So I think that protects us a little bit from the precedent in terms of moving
that house 3 feet closer to the lake if future projects come before us. And again I would say with
the comments from the crowd about moving the house, I know the initial concern was that from
an engineering perspective that would be too challenging. Maybe that isn’t the case anymore.
Okay.
Todd Gerhardt: Mayor, council, staff would agree with that. I mean if you looked at the one
drawing MacKenzie where the road is, it’s so far out of the right-of-way. You know we may not
be even having this discussion if the road was in the existing right-of-way.
MacKenzie Walters: Right.
Todd Gerhardt: So I think if you made an asterisk as a part of this variance and that moving the
house 3 feet closer to the lakeshore is based on the poor alignment of the roadway section.
Mayor Ryan: So then the change for the proposed motion would just be again to reiterate and
make it clear it would be a 25.1 foot lakeshore setback variance.
Kate Aanenson: We’re also increasing the hard cover so we’re going the math here if you can
just give us a few seconds.
Mayor Ryan: Okay sure.
MacKenzie Walters: It’d be a 10.4 percent lot coverage variance.
Mayor Ryan: Okay. So those are the two changes. Okay.
Councilman Campion: I’ll make a motion.
Mayor Ryan: Councilman Campion.
Councilman Campion: So my comments are just in consideration of the hardship with the, with
the road easement encroaching into their property I’ll propose that the Chanhassen City Council
approve an 8 ½ foot front yard setback, a 25.1 foot lakeshore setback and a 10.4 percent lot
coverage variance for the construction of a single family house subject to the conditions of
approval and adopts the attached Findings of Fact and Decision.
Todd Gerhardt: Modified Findings of Fact. Because we’re going to have to modify the Findings
of Fact.
Councilman Campion: And the modified Findings of Fact and Decision.
Todd Gerhardt: Because of the statements made tonight.
Chanhassen City Council – June 24, 2019
34
MacKenzie Walters: Apologies, I think this requires a little bit more pencil whipping. Because
in order to guarantee the extended driveway length we would want to the 8.5 front yard setback
variance would need to change.
Mayor Ryan: Get it right, right? No pressure MacKenzie.
Todd Gerhardt: Should be 3 feet longer.
MacKenzie Walters: No that would, the 8.5 would give you the 21.5 foot, that’s what the
Planning Commission had approved when they wanted the 3 foot longer driveway so the survey
as shown with the recessed third was with an 11 ½ foot yard setback so 11 1/2 foot from the 30
would be 18.5. If we take the 8.5 from the 30 then it would be a 21.5 foot actual distance from
the lot line to the house.
Mayor Ryan: So if you go back to the motion Mr. Walters if we could just clarify some of those
numbers so we make sure that is correct please.
MacKenzie Walters: Yep. So because we’re doing the variance, because of the way I wrote it
the variance is from the setback standard. So we have a 30 foot front yard setback. So the way
the motion was written with the 8 ½ foot front yard setback that would be 21.5 foot distance
from the north lot line to the corner of the house, which is what we want. The applicant’s
original proposal had been for 11 ½ foot front yard setback.
Roger Knutson: Just to make it clear, your proposed motion in front of us, could you read that
proposed motion with your changes.
Todd Gerhardt: With the new numbers.
MacKenzie Walters: I will type them in if I may.
Todd Gerhardt: Yep. There you go.
MacKenzie Walters: I would also request that the council ask us to amend the conditions of
approval to reflect the discussion because we’ve spelled out the maximum hard cover in the
conditions of approval and the Findings of Fact will all need to be modified to reconcile with
this.
Councilman McDonald: Well if I could I was going to bring up one of my points. I would like
you to put in there why we’re doing this because of the road and the fact that it impinges and
that’s why we’re moving the house closer to the lake.
Chanhassen City Council – June 24, 2019
35
MacKenzie Walters: Staff will add that to the Findings of Fact and Decision and that would be
then the basis for the decision if I’m correct City Attorney Knutson.
Roger Knutson: That’s correct.
Mayor Ryan: And so it needs to read the modified Findings of Fact?
Todd Gerhardt: Yep.
Mayor Ryan: Okay.
Todd Gerhardt: And that the decision for this variance is due to the fact that the road was put
outside of the right-of-way.
Roger Knutson: And that we put in the findings. Just change the word attached to.
Councilman Campion: Shall I start over?
Todd Gerhardt: He’s going to change modified Findings of Fact.
Councilman Campion: Shall I start again?
Todd Gerhardt: Yep.
Councilman Campion: Okay I’d like to make a motion, I’d like to propose 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
Decision.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Coleman: Second.
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.
Chanhassen City Council – June 24, 2019
36
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.
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.
Mayor Ryan: That motion carries 5-0.
MacKenzie Walters: Thank you.
Mayor Ryan: Thank you.
Chanhassen City Council – June 24, 2019
37
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: Thank you Mayor, members of the City Council. As you stated this is two
items put together under the one topic and I’ll go through the staff report here. This Control
Concepts was before the City Council almost a year ago. A little over a year ago and at that time
there was just some issues regarding the trail access and trying to get the building in there. They
have cut the building down by 4,000 square feet and am proud and excited to have them back on
the site. This is the last lot that’s out on Arboretum Business Park. 8077 Century Boulevard.
The building to the south is under remodel right now. The site plan review is for a two story,
54,276 square foot office warehouse and manufacturing building. As I indicated this building is
a little bit smaller than the one that was before you before. This property, the land use is office
industrial. It’s a PUD. We put that together when the Life Time project came forward so we
wanted specific uses on specific lots. Also office and manufacturing is permitted in this zoning
district. So the site plan itself is, you can see the trail to the north that goes through the site. I
guess my mouse isn’t going to work. Can you fix that too? Alright. Sorry.
Mayor Ryan: That’s okay.
Kate Aanenson: Having a few malfunctions here. Okay so the site plan itself. Again office
warehouse. The parking’s going around the building. I think one of the things that was designed
better on this site is the parking and allocation for the loading docks. I’ll let the applicant speak a
little bit more in detail to that. The building schematic, again it’s a well presented building. I
know they worked to make the design fit in to what we have for our design standards so the
applicant is proposing a building material that is multi-textural gray and exposed aggregate.
There’s pre-cast concrete panels with partition lines on the building as you can see on the
elevations here so again worked to get some revised schematics with a little bit more
architectural detail and again I’m very pleased with how the project has turned out. So the
grading plan, again a little challenging with the trail in and of itself but as you recall with the
original trail that was going before you it had steep walls and it kind of felt cavernous on the
inside so I think all of that with the regrading has been revised. The landscape plan does meet
city ordinance. The site utilities are to the subject site. There’s the stormwater pond to the north
of the site. Again they’re including containment within the site itself. Here’s a picture of the
stormwater pond that’s to the north. There’s also capturing that before it gets to that pond and
doing some dispersement there. One of the questions or concerns that engineering had looking at
that was the access to the driveway. The offset on the access but again we’re looking at that in a
little bit more detail for the trail and then the driveway how it is offset. Again I can show you
that and how to do that, this thing’s moving around sorry. So you can see the intersection, the
new intersection and then Water Tower Place. There’s a slight offset. As you know we like to,
Chanhassen City Council – June 24, 2019
38
engineering likes to have those T intersections so looking at that traffic movement, seeing if we
have good sight lines on that so that one thing we’ll be reviewing in a little bit more detail. So
with that the Planning Commission did hold a hearing on June 4th to hear the proposed
development. They did recommend 4-0, the Planning Commission was really pleased with the
redesign. Kind of making it, they lost one tenant. It was multi-tenant. Now it’s a single tenant
user but it seemed like it fit much better on the site so they did recommend 4-0 to approve it. So
with this is a drainage and utility easement vacation request and I’ll let the City Engineer go
through that.
Jason Wedel: Thank you Mayor, members of the council. So what you see on the photo to the
right, the yellow outline is the existing drainage and utility easement. That was part of the
original plat back from 1997. This current project, none of the proposed improvements actually
line up with those old easements so there’s a need to vacate the old easements to where the
actual, stormwater amenities are that we’re trying to protect and include in the easements. So
everything that’s cross hatched is basically being vacated and new drainage and utility easements
are being put in place where we need them to cover the utility and stormwater improvements.
Kate Aanenson: So with that the City Council, the Planning Commission did recommend the
City Council approve the site plan for the 54,276 square foot, two story office building. What I
didn’t show on the floorplan is that they do have room for expansion on that second floor and
then the manufacturing building subject to the conditions of the staff report, adoption of the
Findings of Fact and also adopting the resolution approving the vacation of a portion of the
public drainage and utility easements and also as with any project that comes forward there
would be new easements put in place for public utilities. The applicants are here. They have
been here so I’m sure they’d love to come talk about their project but then you’ll have to open
the public hearing for the vacation.
Mayor Ryan: Alright I’ll have the applicant come up first and then hold the public hearing
afterwards. Thank you for your patience tonight.
Jeff Gears: Thank you.
Mayor Ryan: Welcome. Please state your name for the record.
Jeff Gears: My name is Jeff Gears. I’m with the architectural firm BDH& Young and I’m the
project architect.
Cory Watkins: Cory Watkins with Control Concepts. President and owner.
Mayor Ryan: Welcome.
Cory Watkins: Thank you.
Chanhassen City Council – June 24, 2019
39
Jeff Gears: So I think staff, sure I’m not sure I have a whole lot more to offer than what staff had
reported here. I think as was noted the big change from last year is we did reduce the building
size and in doing that what it allowed us to do, previously we had the loading dock on the north
side of the building, and I can try to flip to a site plan quick. So previously the loading dock was
on this side of the building and that was essentially pushing the building to the north. I’m sorry
the loading dock was on the south side and that was ultimately resulting in some of these high
retaining walls at the trail but by reducing the square footage for the second tenant and the
building was able to shift for parking and flow around the building to work better and for the
overall site plan to fit onto the site much better.
Mayor Ryan: Great thank you. Any other comments?
Cory Watkins: Yeah Control Concepts has been around since 1980 and we’ve been in
Chanhassen since 1996. We’re over in the business park across from Lake Ann and we’re
currently over in Dell 5 and we’re looking, we’re growing which is a good problem. And so
we’re excited to stay in Chanhassen and we’re excited to see that through a strange turn of events
this all worked out better. You know small retaining walls. Less cost. It just, everything just
fits very well so we’re hopeful that you will consider the project and approve it.
Mayor Ryan: Well great. We’re glad you decided to stay in Chanhassen and we’re excited.
Council any questions of the applicant? Alright thank you.
Jeff Gears: Thank you.
Mayor Ryan: And now I will open the public hearing for, let me get this correct. I open the
public hearing to approve the vacation of drainage and utility easements at 8077 Century
Boulevard. With nobody here I will close the public hearing and return it to the council. If you
have any comments or questions. I have one question that, look at my notes here. I know that
part of the development, which I think is great. I’m happy that it’s a smaller size and the
retaining wall is smaller. I think that’s fantastic. I know in the previous concept that we talked
about last year it was a very significant retaining wall in addition to the trail and the City, you are
going to build the trail and then the City is planning on, then I mean the City would pay you
back. I remember this coming up last year as part of the CIP. Nature trail preserve and I know
last year as part of the 2019 it was a $200,000 trail and now it’s down to, do we have specific
numbers yet? Do we know?
Todd Gerhardt: It’s about $60,000.
Mayor Ryan: Okay.
Councilman Campion: Not $600,000?
Todd Gerhardt: No I’m thinking of the one that goes under 41.
Chanhassen City Council – June 24, 2019
40
Mayor Ryan: Which is a significant reduction and so I’m glad to see that but even at that, even
at the $60,000 obviously is a significant amount for the City with some of the projects that are
coming forward. Mr. Hoffman I know, we talked a little bit earlier. Is this, have you started
with the Park and Recreation Commission in terms of your reviewing of the CIP with, and the
reason why I ask this is obviously we have the underpass at Highway 41 and then the Lake Ann
trail and that’s going to be a cost to the City as well.
Todd Hoffman: Correct. Mayor Ryan, members of the council. What the applicant will have to
deliver to both the City Engineer and the Parks Director is a cost estimate for that trail.
Mayor Ryan: Okay.
Todd Hoffman: That will be approved as a part of the project. Tomorrow night the Park and
Recreation Commission starts their 2020 to 2024 CIP. There’s really not a lot going on in the
CIP budget right now with the exception of the trail to the Arboretum which is estimated at
$600,000 give or take. The current fund balance is $1.6 million and so there is the funds
available to complete this trail. It’s the final segment of the Bluff Creek master plan for the trail
that goes around and it’s really a condition of approval that was set in place some time ago with
the original concept planning or master planning for the trail in this area so confident the project
can manage it and we will continue that conversation tomorrow night.
Mayor Ryan: Perfect, thank you Mr. Hoffman. Thank you for that clarification. That was,
happy to see the reduction from the $200,000 down to the $60,000 and with an increase in funds
and the park fund I’m glad to hear that the budget is there to support this trail so thank you for
that clarification. Council any further questions, comments or action? Anybody? On the
screen.
Councilman Campion: I’ll make a motion.
Mayor Ryan: Okay Councilman Campion.
Councilman Campion: I’ll make a motion that the Chanhassen City Council approves the site
plan for a 54,276 square foot two-story office warehouse building subject to the conditions of
approval in the staff report, adopts the Findings of Fact and adopts the resolution approving the
vacation of a portion of public drainage and utility easement on Lot 2, Block 1 of Arboretum
Business Park 7th Addition.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Coleman: I’ll second the motion.
Mayor Ryan: With a valid motion and a second.
Chanhassen City Council – June 24, 2019
41
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.
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.
Chanhassen City Council – June 24, 2019
42
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.
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.
Chanhassen City Council – June 24, 2019
43
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.
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
Chanhassen City Council – June 24, 2019
44
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.
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.
Mayor Ryan: That motion carries 5-0. That was quick.
PUBLIC HEARING: 195 WEST 79TH STREET, APPROVE PURCHASE AGREEMENT
FOR SALE OF LAND TO FRONTIER LAND HOLDINGS, LLC.
Todd Gerhardt: Mayor, council members, whenever the City decides to dispose of public
property you must hold a public hearing. 195 West 79th Street is before you and an option to
purchase from Frontier Brewing Company and that’s the name we’re still using Matt?
Matt Rosati: It was trademarked so it couldn’t be used any longer…so there’s the option of
either Chanhassen Brewery or something more narrower. Unfortunately…in the process of
learning this I didn’t go in and trademark. They’re two totally different laws and it is still a
brewery in progress and unfortunately it might not be that Frontier.
Todd Gerhardt: But you can still use Frontier Land Holdings?
Matt Rosati: Yes. That’s correct. Frontier Land Holdings is…Minnesota and does not need to
trademarked.
Todd Gerhardt: Okay, and so we’re working with Frontier Brewing Holdings LLC but the name
of the brewery is probably going to be called Chanhassen Brewing Company and they’re going
Chanhassen City Council – June 24, 2019
45
to have a total of 6,053 square feet with 2,830 square feet of production area and 2,840 square
feet tap room. And Chanhassen Brewing will provide anywhere from 8 to 15 new jobs in
Chanhassen and a building will have a value of $1,425,000 and will pay a total tax of $36,000 a
year. The purchase price is $8.17 per square foot. The site is approximately 56,000 square feet
so a total purchase price of $460,000. We did create a $1,000 earnest money which would be
non-refundable if for some reason we did not close. The proposed closing date is August 31,
2019. He looks at me funny and let me, I just want to go back. I think the option agreement we
may have pushed back to, was it December, does that sound right?
Matt Rosati: The option agreement that the Attorney and I looked at was going to actually give
me a year to close on it. I don’t know that I needed quite a year but am I wrong on that?
Mayor Ryan: On mine it says June 10, 2020.
Todd Gerhardt: Okay so that’s one year. So my mistake in the staff report so closing would be
no later than June 10, 2020.
Mayor Ryan: And that is in the document?
Todd Gerhardt: That is in the document and the motion is to approve that option agreement. So
staff recommends approval of the option agreement attached to the staff report.
Mayor Ryan: Would you like to say anything further before I open the public hearing?
Matt Rosati: I know we wanted to close in August 31st. That’s a very aggressive closing for any
business to get approved through the City so I definitely appreciate the year. Kind of my time
line would be once I have access to the land complete the surveys on Phase 1, 2 so to help with
the loans so the banks are satisfied that the land is actually sellable. And then from there have a
plan submitted to the City sometime this year so I can actually have a start date after the frost of
May and that, at that point I would actually have the closing. So next spring when we are able to
build on the land.
Kate Aanenson: I was just going to add that Matt and I have spoken so he’s going to try to put
together a time line. Just some things that he has to do. Traffic study. Some soils and put that
together so that’s kind of his next step to work on to make sure that he’s going to be able to meet
those time lines so.
Todd Gerhardt: Mayor, council and Matt just so you know, you have until June, 2020 so this
option agreement gives you control of that property until June 10, 2020 so at that time you have
until June 10th to close with us.
Matt Rosati: That’s correct.
Chanhassen City Council – June 24, 2019
46
Todd Gerhardt: So plenty of time to get through the city’s approvals. Get your environmental’s
squared away and then know if you want to close on the property or not.
Matt Rosati: Perfect.
Mayor Ryan: Thank you. And then thank you Matt. Appreciate it. And then Ms. Aanenson for
the, once you get the time line or work out the time line is that something that you could share
with council?
Kate Aanenson: Absolutely.
Mayor Ryan: Obviously there’s a lot of interest with what’s going on.
Kate Aanenson: And it’s not just the Planning Commission and City Council. It’s also the time
line all the steps are included on what he needs to do. He’s got his own financials but there’s
other things for the site prep and making sure that he’s got that built into the schedule.
Mayor Ryan: Perfect, great. Thank you. Council before I open the public hearing any
questions? Alright with that I’ll open the public hearing. Anyone? No one is stepping forward
so I will close the public hearing. Bring it back to council for comment, questions or motion.
Councilwoman Coleman: I’ll make a motion.
Mayor Ryan: Councilwoman.
Councilwoman Coleman: The Chanhassen City Council approves the Option Agreement with
Frontier Land Holdings, LLC for the purchase price of $460,000.
Mayor Ryan: Do we have a second?
Councilman Campion: Second.
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.
Mayor Ryan: That motion carries 5-0. Thank you.
Todd Gerhardt: Congratulations.
Mayor Ryan: That’s exciting.
Chanhassen City Council – June 24, 2019
47
Todd Gerhardt: Wait til you go through the planning process.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: Just wanted to update the council. As you know Chelsea Petersen has left
employment with the City and I want to thank all my department heads who sat through a grueling
day of interviews with six candidates and we made the selection. We have hired Jacob Foster who
is currently the Assistant City Manager in Lake Elmo. Spent some time in Fridley as a
management analyst. Worked in the private sector under United Health as a marketing analyst.
And also worked with Hastings Visitor’s Bureau so he has some public and private experience.
Jake just really stood out in his interview and we had a nice tour in the town. Very social able and
graduated from the University of Northwest with his masters and if you’re a St. John, St. Tommy
fan he graduated from St. John’s so, and we did not hold that against him who some of us had a
son who spent one semester at St. Thomas. But he is a very bright young man and we’re excited
for him to start in mid-July and somewhere inbetween there we’ll try to get him to the council so
you can meet him.
Mayor Ryan: Great and start date, did you say a start date?
Todd Gerhardt: July, around July 22nd.
Mayor Ryan: Okay.
Todd Gerhardt: Yeah so give him some time to finish up things in Lake Elmo and take some time
off and then we’re going to put him to work.
Mayor Ryan: Perfect. Well that’s exciting. Thank you for sharing that.
Todd Gerhardt: Yeah he was just a strong candidate that stood out so we had a lot of good
candidates so it was not easy.
Mayor Ryan: Great, anything further on administrative or correspondence?
Todd Gerhardt: Nothing to add, no.
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