CC VER 2020 01 13 CHANHASSEN CITY COUNCIL
REGULAR MEETING
JANUARY 13,2020
Mayor Ryan called the meeting to order at 7:08 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman
McDonald, and Councilwoman Coleman
COUNCIL MEMBERS ABSENT: Councilman Campion
STAFF PRESENT: Todd Gerhardt, Jake Foster, Kate Aanenson, Charlie Howley, George
Bender, Todd Hoffman, Ryan Pinkalla, and Roger Knutson
PUBLIC PRESENT:
Steve Donen 7341 Frontier Trail
Jim Boettcher 7476 Crocus Court
Larry Koch 471 Bighorn Drive
Greg Fletcher 7616 South Shore Drive
Noah & Elijah Patterson 408 Santa Fe Circle
Jeff Gustafson 7405 Chippewa Trail
Mark von Oven 6655 Horseshoe Curve
Harold Worrell Boylan Shores
JoAnn & Marc Syverson 489 Pleasant View Road
Jay Warmuth 7340 Kurvers Point Road
Slammer Stamy 491 Bighorn Drive
Adam Fletcher 6551 Fox Path
Mayor Ryan: Again good evening everybody. Happy New Year and welcome to our City
Council meeting. To those of you that are watching at home or livestreaming from the
Chanhassen website, thank you for joining us. For the record we have one council member
absent tonight. Councilman Dan Campion is absent but our first action is our agenda approval.
Council members are there any modifications to the agenda as printed? If not we will proceed
with the published agenda.
PUBLIC ANNOUNCEMENTS. MAYOR'S ADDRESS.
Mayor Ryan: First up is public announcements and I would like to say a few words to kick off
the new year. Good evening again Chanhassen and happy new year to you all. As we kick off
2020 I'd like to take a moment to reflect on the year we had. The many great accomplishments
and some of the challenges and touch on the year ahead. Last year when I was inaugurated I said
Chanhassen City Council —January 13. 2020
that the foundation of my leadership was going to be based on five pillars. I called them the five
C's. Community, communication, collaboration, commitment to excellence and Chanhassen.
These core C's continue to be a focus and a guide. Community. First I want to express my
gratitude to the many residents over the course of this past year who took the time to come to a
meeting and took advantage of the newly implemented community action request form. This
tool proved to be very successful as it helped staff and council understand your request.
Appropriately follow up with you and maintain a record and a correspondence, transparency and
follow through. With the number of hot topics that we had last year your attendance at meetings,
emails and phone calls showed your interest in the decision we as council were making. I
personally appreciate your feedback, questions and involvement and I know that the members of
this council share that sentiment. We are better at our jobs because of you and I ask that you
continue to stay involved in 2020. Commissions are a prime example of community at work and
how you can get involved. We had an incredible number of members of this community apply
for commissions last year and we hope that same turnout again. The application process is now
open and we are accepting applications through January 31St. Please consider applying. It is a
great opportunity to influence change, be involved and bring forward new ideas and perspective.
Our commissions have a pulse on the community and are invaluable to us as council. With the
number of community events it was great to see so many people participate. Bringing residents
together to create a sense of community is one of our continued goals. Whether it was an event
focused on building community, a senior outing or an educational event hosted by our
Environmental Commission our residents continue to be at the forefront of why we do what we
do and I encourage the commissions and staff to continue to find new ways to connect our
residents and create that important sense of community. I again ask you please stay engaged in
the year ahead. Your participation is paramount. Communication. Increased communication
was a focus for us last year as we wanted our residents to be informed about what was happening
here at city hall. Facebook, Twitter and the Chanhassen website continue to be a key method for
us to keep you informed and on notice. Additionally for public hearings or listening sessions we
included one page informational inserts in the Chanhassen Villager. This resulted in a higher
turnout at these events so our residents could be heard and knowledgeable on the topic at hand.
For decisions that involved a policy change or a significant impact on the broader community we
held listening sessions solely to provide residents a chance to share their opinions, ask for more
clarification or simply seek information. This gave council an opportunity to simply listen as no
vote would be taken at that meeting. It gave us time to reflect on the feedback that you and staff
provided. We will continue this practice in 2020. I also heard from seniors expressing concerns
about the ability to stay in Chanhassen for the long term. While senior housing developments
were booming affordable options remain scarce. I'm delighted to share that staff is working
diligently on making another affordable senior housing option a reality. Again your feedback
and initiative can influence change. We recognize that communication is a two way street. It
isn't just us talking to you but us taking time to listen so thank you to the many residents that
encouraged staff, council members and me to come to their houses to better understand the issue.
It was important to sit at your table, stand on your dock or meet in the street to listen and learn
from you. Please continue to do this in 2020. We are going to continue to find ways to be more
effective in our communication efforts. There is a need and an opportunity to utilize technology
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Chanhassen City Counci I January 13. 2020
to increase our communication effectiveness. For example many residents have requested real
time updates on street projects because waiting for website updates can often cause frustration
due to it's limitations. Implementing innovative platforms will connect us with residents
lessening challenges associated with these projects. Being forward thinking and in our
communication strategies will strengthen the relationship between residents and city hall.
Collaboration. Last year we were successful on many occasions working with our residents to
find solutions. If we weren't able to resolve it we continued to work together to find a pathway
forward. It starts with a phone call or an email and I encourage you to continue this this year.
Last year we established a new commission,the Economic Development Commission. One of
the goals for 2020 will be to have a laser focus on our business community. In February the
EDC will be hosting a business community forum and open house to listen and learn from you.
So tonight I ask business leaders in the community to come forward with your plans and ideas.
You've lived and worked in this community. Help us identify those gaps and opportunities. Tell
us how we can improve as a city and what the city can do to help you become more successful.
It is imperative that we grow,that we are positioning the city as the premiere place to develop
and grow. There are existing businesses looking to expand. There are businesses in neighboring
cities looking to move and developers looking for a home for their latest project so we must
make this an attractive city and a place for them to do business. Let's find opportunity for
public/private partnerships as we know it's an innovative way to grow our community. Let's
collaborate. We are ready to work with you and the door of opportunity is open in Chanhassen.
Commitment to excellence. This commitment came into play more than once this past year.
Starting early in 2019 we were challenged with the development otherwise known as Prince's
property. With a lot on the line and a big outpouring of support from the community council was
committed to getting it right by saving open space, lowering the density, and protecting natural
buffers between the neighborhoods. We negotiated and I'm proud to say that we are part of one
of the biggest park acquisitions in the history of the city. There is still more development to
come with this property and we will continue to hold Lennar accountable and be committed to
this excellence. There were a number of new businesses that opened this past year, all moments
certainly to be proud of but a great example of excellence when it was proposed to council that
the Applebee's building be removed so a bank could be built our pledge to this community's
request we were determined to find an alternative solution and Tequila Butcher now calls that
space home and what a success it has been so far. There will continue to be more opportunities
and more challenges that come our way. I've asked our city manager to have customer service
be a focus in 2020. We as a city should be providing our residents and all who come into contact
with Chanhassen a positive experience. We should be held to high expectations and we must
stay committed to excellence in all areas of business. And finally Chanhassen. Two very hard
decisions came before council this year. They were the implementation of a franchise fee and
approving a levy increase that went beyond and above new growth. These two tax increases
were discussed repeatedly and weighed heavily as we heard volumes of input from our residents
but ultimately these decisions fell on council to make. I can say personally it would have been
easier as a first term mayor to reject both and carry on. However I believe that the time was
now to make the tough and possibly, and probably the unpopular decision so that Chanhassen is
prepared not just for the year ahead but through deliberate investment we will be better
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Chanhassen City Council —January 13. 2020
positioned for long term success. With more development on the horizon and an increased
demand for services and amenities to match the needs of our residents it will take a valiant
council to plan, to push and to prepare for what's next for Chanhassen. It will neither be easy
nor simple but is a challenge that I know we as council can handle. Our mission statement is
quote, "Chanhassen is a community for life, providing for today and planning for tomorrow." It
is now 2020 and the start of a new decade. It is time to plan for tomorrow. A new decade is not
only symbolic but we are at the time where it is vital that we look beyond simply keeping the
status quo or setting us up with easy choices. We need to move the needle. If we want
something we've never had we need to do something we've never done. It is time to be bold,to
be innovative and set our sights on advancing our city into the new decade. Our strategic goals
must align with a vision. That is why I'm asking council tonight as we continue considering, as
we enter this new decade and establish key financial goals for 2020 that we think not only of the
year ahead but for the decade ahead. Let's work to find sensible, strategic ways to invest in our
city. I look forward to working with council, with city staff and our energetic and engaging
community. It is time to elevate Chanhassen as we move to the next decade. Thank you again
and happy new year. Next on our agenda is the consent agenda.
CONSENT AGENDA:
Mayor Ryan: Are there any items that the council would like to consider separately? Yes
Councilman McDonald.
Councilman McDonald: I'm fine with the consent agenda but I think you skipped organizational
items.
Mayor Ryan: I did, I just saw that. I heard Roger whispering over there. Can we finish with
consent or should we go back?
Todd Gerhardt: You can finish consent.
Mayor Ryan: Okay. Mr. McDonald did you say you had something for consent?
Councilman McDonald: No I'm fine with it.
Mayor Ryan: Okay. Just noting my error.
Councilman McDonald: I was just making a suggestion.
Mayor Ryan: No I like it. I like it. It's good. Alright so I'll say again is there a motion to
approve consent agenda items number 1 through 9?
Councilwoman Coleman: So moved.
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Chanhassen City Council —January 13, 2020
Mayor Ryan: Is there a second?
Councilman McDonald: I'll second.
Councilwoman Coleman moved, Councilman McDonald seconded to approve the following
consent agenda items pursuant to the City Manager's recommendations:
1. Approve City Council Minutes dated December 9, 2019
2. Approval of a Three Lot/Four Outlot Subdivision with Variances at 6760 Minnewashta
Parkway (Boylan Shores)
3. Resolution #2019-01: Accept Public Trail and Utility Improvements in Arbor Glen,
Project No. 2017-05
4. Approve Consultant Agreement for 2020 Pavement Rehabilitation Project No. 20-05
5. Approve Consultant Agreement for Geotechnical Services for Project No. 20-05
6. Approve Joint Powers Agreement with the City of Victoria for Minnewashta Parkway
Improvement Project
7. Award of Bid for Building Department Software Purchase
8. Award of Bid for LED Lighting Retrofit for City Hall, Library and Public Works
9. Approval of Temporary On-Sale Liquor License, St. Hubert Catholic Community, Cana
Dinner on February 15, 2020
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
ORGANIZATIONAL ITEM.
Mayor Ryan: Alright now we'll hit, throw the car into reverse and go through organizational
items. Mr. Gerhardt is there anything you'd like to say?
Todd Gerhardt: Yes.
Mayor Ryan: Alright.
Todd Gerhardt: Each first meeting of every new year council makes organizational items in
appointing council to certain positions and designating official newspaper and we have one
request for official newspaper. It's the Chanhassen Villager and their rate did go up from last
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Chanhassen City Council —January 13. 2020
year 3 percent and that was based on postage increase this past year and every resident has the
opportunity to receive a free subscription. If they are not receiving a free subscription please
contact the Chanhassen Villager and they will make sure that you get one. And staff is
recommending the Chanhassen Villager as the official newspaper for the city of Chanhassen. Do
you want to take them all in one? You want to take them individually?
Mayor Ryan: I think we are prepared to take them all in one, yes.
Todd Gerhardt: Okay. The next one is Acting Mayor. Council selects one individual council
member to serve in the absence of the mayor to act as the acting mayor and so one of the four
members here can be the acting mayor.
Mayor Ryan: Okay thank you. Do you want to talk about the?
Todd Gerhardt: The next one is Southwest Transit Commission. Jerry and Bethany serve on the
Southwest Transit Commission and Bethany's term goes until the end of 2020 so your just filling
Jerry McDonald's vacant seat as his ended December of 2019.
Mayor Ryan: Alright.
Todd Gerhardt: And then appointment to the EDC. We had a vacancy where one of the
members could not fulfill their obligation and staff is recommending Mr. Schafer fill that
position. It was Ms. Heinze that could not fill her position based on work and family issues
could not fulfill her obligation on the EDC and we're recommending Mr. Schafer. And then the
last one is an appointment to the youth commission to the Park and Rec Commission. Zoe
Erplelding has applied and would like to be appointed to the youth commission on the Park and
Rec Commission. The Fire Relief Board was not on my list but that is another one and
Councilmember Julia Coleman is currently sitting on the board and staff is recommending her
reappointment.
Mayor Ryan: Perfect,thank you Mr. Gerhardt. Any questions council? If not I would look foe
motion.
Councilwoman Coleman: I'll make a motion. I'll make a motion that the Chanhassen City
Council makes the following appointments. That the Chanhassen Villager is it's official
newspaper. Councilmember Dan Campion is Acting Mayor. Councilmember Julia Coleman and
the Finance Director be appointed to the Fire Relief Association Board of Trustees.
Councilmember Jerry McDonald to the Southwest Transit for a 3 year term Seat A.
Commissioner Adam Schafer to the Economic Development Commission for a term from
January, 2020 to April, 2023 and Zoe Erpelding as a youth commissioner to the parks and
recreation commission.
Mayor Ryan: We have a valid motion. Is there a second?
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Chanhassen City Council —January 13, 2020
Councilwoman Tjornhom: Second.
Councilwoman Coleman moved, Councilwoman Tjornhom seconded that the Chanhassen
City Council makes the following appointments. That the Chanhassen Villager is it's
official newspaper. Councilmember Dan Campion is Acting Mayor. Councilmember Julia
Coleman and the Finance Director be appointed to the Fire Relief Association Board of
Trustees. Councilmember Jerry McDonald to the Southwest Transit for a 3 year term Seat
A. Commissioner Adam Schafer to the Economic Development Commission for a term
from January,2020 to April,2023 and Zoe Erpelding as a youth commissioner to the parks
and recreation commission. All voted in favor and the motion carried unanimously with a
vote of 4 to O.
Mayor Ryan: That motion carries 4 to 0.
Todd Gerhardt: Thank you.
Mayor Ryan: Thank you.
VISITOR PRESENTATIONS. None.
PUBLIC HEARING: CONSIDER APPROVAL OF SLOW NO-WAKE ORDINANCE
FOR LAKE LUCY,LAKE MINNEWASHTA, LOTUS LAKE AND LAKE SUSAN.
Mayor Ryan: Mr. Hoffman are you going to take that. Consider approval of slow no-wake
ordinance for Lake Lucy, Lake Minnewashta, Lotus Lake, and Lake Susan.
Todd Hoffman: Mayor Ryan, members of the council thank you both. Ryan Pinkalla with our
engineering department and myself will be handling this one tonight. We've got a presentation
that is not too long and then we'll go right into the public comment period. So the amendments
being proposed are to modify the slow no-wake elevation on Lotus Lake. It's a modification is
lowering it by a half a foot so we'll get into that and show that a little bit later in the presentation.
Adopt slow no-wake elevations for Lake Lucy and Lake Minnewashta. Those currently do not
have an elevation established. And then adopt procedures for implementing the emergency slow
no wake so in that event when the rain does, we do have excessive rainfalls and there is a need
that the procedures are pretty smooth and it doesn't take council action where you have to wait
for a future meeting to implement those needed amendments. Purpose of the code amendment is
to minimize shoreline erosion during periods of excessively high water when shorelines, docks
and boats are most susceptible to erosion or damage caused by wave action. Some background.
It's Section 6-49 of the city code which addresses slow no-wake restrictions on two of the city
lakes currently. The current restrictions for slow no-wake, Lotus Lake at 896.8 and Lake Susan
and 882.5. There were no elevations included in the city code for Lake Minnewashta or Lake
Lucy. The proposed ordinance that we're discussing this evening includes the following
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Chanhassen City Council —January 13. 2020
elevations. Lotus Lake,that reduction by half a foot from 896.80 to 896.30. Establishing an
elevation on Lake Lucy at 957.24. Lake Minnewashta 945 and Lake Susan at 882.50. So I
talked about the reduction on Lake Lucy, or excuse me on Lotus Lake. Elevations were added
for both Lake Minnewashta and Lake Lucy. They had not previously been in the ordinance.
And the ordinance version also includes the addition of that language that I touched on,the
process of implementing the slow no wake includes who is responsible. How long it will be in
place and how notice will be provided to the public. What actions are necessary to finalize the
changes to the city ordinance? It's necessary to approve, obtain approval from the Minnesota
Department of Natural Resources. The process for approval includes holding a public hearing.
Public input meeting was hosted on October 16, 2019. The summary minutes of the comments
received,the comment cards we received that night and the online survey results are included in
tonight's packet that you have. And then this evening an account of the statement of each person
testifying tonight will be included with the City submittal to the DNR and so that's where we're
at tonight. Revise public hearing to City Council January 13th. You can either revise or approve
the ordinance tonight after hearing the public comment. Then the City, Ryan and others within
the organization will submit this to the DNR for their review and approval and then they have
120 day review period. As long as the City, or excuse me the DNR does not extend that another
120 days we would be looking at a May 2020 City Council approval of the final ordinance after
it's been reviewed by the DNR and signed off by the commission to the DNR. Recommendation
tonight, and this is in your packet as well is that the City Council approves the draft ordinance
amending 6-49 which establishes water level at which slow no-wake restrictions apply for Lotus
Lake, Lake Lucy, Lake Minnewashta and Lake Susan. This ordinance also gives the Public
Works Director the authority to enforce the elevations at any time water levels exceed these
levels. This ordinance shall be in effective immediately upon it's passage, publication and
approval by the commissioner of the Minnesota Department of Natural Resources and again
those are the same elevations that were shown earlier. Tonight during the public hearing each
presenter that presents will have no more than 5 minutes to speak. Please keep that in mind as
you approach the podium. Please state your name and address for the record. If other presenters
before you have stated what you wanted to say you can simply state that you concur with the
previous presenter rather than repeating what they said. And this meeting is being video
recorded to ensure that all comments are accurately entered into the record and then submitted to
the DNR for their review. So to the public thank you for participating this evening and I'll let
the council take it from there and open the public hearing.
Mayor Ryan: Great,thank you Mr. Hoffman.
Todd Hoffman: Or ask questions of staff if you have any.
Mayor Ryan: Perfect. Before we go to the public hearing, council any questions of staff at this
time? No, okay. So understandably the majority of the people here in this room are here for the
public hearing tonight. As Mr. Hoffman pointed out some of the guidelines for what we are
looking for you for tonight. I would like to add one more element to that. As you come forward
if you could please let us know if you are in favor or against the ordinance from the onset so we
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Chanhassen City Council —January 13, 2020
have an idea of where you're coming from in terms of your comments. Obviously this has been
a conversation and something that council has reviewed with you individually as a group over
the past really I'd say 6 to 9 months. Whether it was folks coming to visitor presentations.
We've been out at your homes. We've had conversations. We've received your emails. We've
had multiple, we had a work session. We've had a public comment session at the library so we
are,we are familiar with not only this topic but a lot of your opinions so please I ask that tonight
as we start this new year that we're respectful of each others comments. Give each other their 5
minutes that are due and then just come forward and share your feelings on the proposed
ordinance so with that I hereby open the public hearing. Please step forward and state your name
and address for the record. Anyone?
Bill Moffly: My name's Bill Moffly. I live at 6651 Horseshoe Curve and represent the Lotus
Lake Conservation Alliance. I live in the narrowest part of the lake and I endorse the lowering
of the level of the lake to 896.3,the 6 inches. And you know you may hear more, and I know
you've heard a lot about you know what's going on with erosion, etcetera. Almost every boat
that goes through Lotus Lake passes in front of my house multiple times. You know in terms of
programs for remediation,proper lake front vegetation, allowing residential remediation my
understanding is that it's been very difficult for property owners on the lake to get permits to do
things like riprap and enhance what they've got in front of their houses. And I also think that
enforcement of regulations that are already on the books will go a long way towards remediating
a lot of the erosion. Speed. Distance from shore. Distance among boats. You know common
courtesies that we posted on the lake as folks come into the lake. I think lowering it to 896.3 feet
will also not reduce the availability of use on the lake. One of the later presenters I think is
going to talk a little bit about what we might lose as residents. I also think that this is an issue of
you know if we were to take more drastic measures we would lose property value, investments in
boats made by residents, etcetera so I'll let it go there. Thank you.
Mayor Ryan: Great,thank you.
Todd Gerhardt: Mayor you mind if we put the proposed ordinance up on the screen?
Mayor Ryan: Yes please do.
Todd Gerhardt: So people can reference the numbers as stated.
Mayor Ryan: Perfect, good idea. Thank you.
Chuck Peterson: Chuck Peterson. Everybody doesn't like any new rules but anyway so we've
been on the lake for 30 years. We've been wake surfing on the lake for 16 years. I'm very
familiar with every foot of shoreline on that lake. Thousands of feet of swampland that's out
there. There's a couple thoughts with all of this. Last spring we had a real good meeting talking
about the wake surfing thing and it really came down to safety was the issue back then but now
it's turned into erosion, which we talked about but the reality of it is nothing's changed in 30
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Chanhassen City Council —January 13, 2020
years so you can talk about the narrows. You talk about where people have riprapped. Nobody
has ever had any problem getting the riprap done and in the narrows area you look at it about
every other house has their house riprapped properly. They have some that have done it based
on the way the DNR would suggest it and there's no problem. You go across the way and if
you're on the city side where there's, I counted about 20-30 feet of riprap that's on that side, we
had solid as a rock. Never had a problem. If you go north of there about 1,000 feet in the
swampland and walk that,there's no problem in there because it's natural and the whole issue
with the erosion is really hard for me to understand but, so the issues of safety and erosion were
last spring. I want to clarify this. 896.8 is the, some ordinary high water mark but it's not the
100 year water mark correct? So that's, we're already taking a hit of 6 inches and if you drop it
again this should also change the survey lines and the setbacks on everything that goes on on that
lake so when you take a look at the development side of it I think you know I don't think that
this has ever been brought up because nobody wants to realize that if you drop that down further
you've got to go back further and all of a sudden you've got a lot more land that could be
developed. Watershed control is also ignored a few of our requests because I think watershed
needs to understand what are they going to do with the level of the lake. You can do all these
things with the wake boarding and say when is the lake level going to go down or up but what's
the true level of the lake going to be? It's a very, very shallow lake. You're going to end up
with more mud on thousands of feet of swampland that's out there right now and I'm really
concerned about that. It may not be an issue but watershed has ignored those questions in this
whole issue. It hasn't been a problem for 16 years. I'm very familiar with a lot of people on
Lotus Lake that have their grass right down to the lake and yes it gets really wet when it rains but
you know that's how they decided to develop their property and if you decide to develop that
property and there's 25 people out of 250 that create this because of an erosion issue I think it's
heading in the wrong direction for that. I'm not saying that we don't need to have some
restrictions. Once in 30 years. We've got a permanent dock. The water almost came up to the
level of the dock once and that's it and that's because the City told us we had to have a dock that
could only be 3 1/2 feet deep when the DNR says it could be 4 feet deep so I have a pretty good
gauge on how this whole lake gets managed and we all have to deal with it so DNR, they manage
shoreline distances for wake. They do it real well with 10,000 or 15,000 other lakes. We don't
need to have Lotus be the one that says it has to be different because the distance from the
shoreline, and I will agree that when you go through the channel if you take straight down the
middle of the channel and if you're going wide open with the wake you're going to be that
distance, very close to what the DNR says is the maximum you can be so it's, so maybe there's
something to do with the channel piece of that thing but thanks for listening.
Mayor Ryan: Thank you. is there anybody else that would like to come forward?
Larry Koch: Playing chess here. But that's okay. Thank you Mayor,thank you council
members. Appreciate your opportunity. Happy New Year. Glad to see Councilperson Coleman
back. Thank you very much for taking the time. I'm going to be reading this statement fairly
quickly since we have 5 minutes even though we haven't had many speakers but in connection
with this I am resubmitting, I have copied here for the record my prior letters on these topics
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Chanhassen City Council—January 13, 2020
with attachments. In addition I'm submitting,I'd like to resubmit, I'm not, don't have another
copy but the report that was done by Mr. Merritt who was a former DNR hydrologist on this
whole topic and I think it's very important that that be part of the record and forwarded so Mayor
I'll commence now with my specific comments.
Mayor Ryan: Okay.
Larry Koch: The stated purpose of the proposed change in the ordinance is to minimize
shoreline erosion during periods of high water when the shoreline is most susceptible to erosion.
That is a perfectly laudable goal and something that we should advocate for. Reducing erosion is
the proper goal because erosion leads to more soil in the lake. More soil leads to more
phosphorus. More phosphorus leads to more algae some of which is either sickening and can be
deadly. Luckily this past year we had record amounts of water which did flush these water
bodies. I do know something about that. I do sit on the watershed, Riley-Purgatory watershed
board. I'm not here to speak for them. Many times we have different opinions. Let me
continue. The proposed ordinance would set the slow no wake level at the ordinary high water
mark. My first question is, who recommended or decided that the ordinary high water mark was
appropriate? Was there a scientific study done to determine whether or not the ordinary high
water mark is the appropriate level to set the slow no wake level in order to minimize erosion?
I've not seen any such report. If there is one I'd like to see it. Secondly I've not seen any
comments by the environmental committee. I think it would be appropriate if we're going to set
a level that we have some input by the environmental committee. The purpose, as I said the
purpose of this is to set the level for slow no wake to minimize erosion. Setting at the ordinary
high water mark is ineffective. Is too high and the reason for this is because at that level the
ordinary high water mark, everything above that, the landowner owning that lakeshore owns it so
any water going over that level is trespassing on that person's property. So one inch below the
ordinary high water mark a wake is going to go over that and is going to be trespassing so that's
why 1 propose that the ordinance should set the slow no wake level at 895.8 feet which is
basically 6 inches lower than the ordinary high water mark and it should even be lower so that
the wakes created by the boats that are using our lake do not go over the ordinary high water
mark and trespass on people's property causing additional erosion. It is shown that a cruising
boat at 100 feet, which is our slow no wake zone on this lake, creates a wake of over 5 inches so
in order to keep the wake from going over onto people's property the level, the slow no wake
must be set by math okay at least that 5 inches if not lower than the ordinary high water mark. In
addition we have boats operating on this lake now that create wakes that are 11 to 19 inches at
100 feet from the boat so if we allow boats to operate within 100 feet we have the possibility of
wakes in excess of 11 3/4 inches crashing onto the shore meaning we're going to have 8 inches of
water, up to 8 inches of water or more going over on people's property causing further erosion.
And Mr. Merritt in his study, and he reviewed several pure review, scientific articles by major
universities stated that boats creating enhanced wakes, in other words wakes more than the
typical waterski boat or fishing boat create more damage and should not be allowed on these
boats to operate at anything other than slow no wake because of their design and operations. So
therefore this amendment,this ordinance should be amended to have the lower levels. In
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Chanhassen City Council —January 13, 2020
addition this ordinance should be amended to provide that we should be allowing boats with
wakes, especially enhanced wakes on our lake anytime that Minnetonka is closed or
Minnewashta is closed or Lake Riley are closed because if we don't close them then we're going
to have this influx of boats from lakes that are clearly infested. And I'll just mention that it is,
although the DNR says that Lotus Lake is infested with zebra mussels there is some doubt to
that. Okay so I want to make that point. And lastly I want to comment on the gentleman who
spoke, Mr. Peterson. I've been on this lake for 30 years also. I have seen significant changes in
erosion. Maybe he doesn't, I see it. I'm on the narrows. I presented before about the issue
particularly with the narrows causing erosion. One of the problems with our lake, Lotus Lake is
that we have a significant amount of the lakeshore that are wetlands and these wetlands can't be
protected no matter what you want to do with riprap and it is not as stated before it is not easy to
get a permit to do riprap particularly because of the DNR and the watershed district so it's very
difficult to take any action to adequately protect the shoreline. So I'd ask you to lower the levels
to 895.8 feet. No using enhanced wakes on our lake at any level. And then finally not to allow
enhanced wakes or boats, close our lake down as far as slow no wake anytime Minnetonka or
Minnewashta or Lake Riley are closed so that we can limit the spread of zebra mussels. I'm
sorry for speaking so fast but I wanted to get this. And I'm also going to submit this for the
record as well.
Mayor Ryan: Alright thank you Mr. Koch.
Larry Koch: Thanks for your time.
Mayor Ryan: Thank you.
Steve Donen: Steve Donen, 7341 Frontier Trail, Chanhassen, Minnesota. Thank you for
allowing us to give our presentations today. A couple things. I am in support of the ordinance as
it is written. As it is being recommended. Secondly I'm going to give some quick background
as to the, where this no wake started at. Where did the 896.8 fit? Original number come from.
Back in 2007, actually between about 1997 and about 2005 we had numerous city council
meetings, discussions about this topic. There was 100 foot level recommendations. There was,
there was ordinary high water level recommendations and those were two areas that were always
bounced around as what we use for no wake on Lotus. There was a couple emergency city
council basically no wake ordinances installed for short term emergencies during that period.
The City kind of got sick of this and said we'll put together a city task force of citizens to work
on this. I was one of those. It was a group of people who were diverse in their thought. Some
people wanted no wake. Like what Larry is discussing and some people like me wanted to have
no no wake limits okay so very diverse group of thinking. Five people. Four from on the lake.
Two people from off the lake. Basically the task force came up with two things that they agreed
on. They agreed on two things. One is it's a shared responsibility to protect the lake and the
homeowners. Anything ordinary, anything that's ordinary level, normal levels the group agreed
that's a responsibility of the homeowners and lakeshore owners to manage and control. In other
words ordinary high level seemed like a pretty normal level of the lake. That was agreed by this
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Chanhassen City Council —January 13. 2020
group who was a diverse group that that should be the level that should be chosen as the no
wake. That that would be the level where people on the shoreline, owned shorelines are
responsible for managing it. Anything above that, anything above the, a non-normal level as you
might call it would be considered a place where we should put on a no wake so as opposed to
Larry's comments really what this group was saying is ordinary level, ordinary level water plus
waves and wakes you should manage it as a lakeshore owner. That was the group. What the
group then had to work on was what level should that be? At the time we agreed that an
extraordinary event which had occurred about 4 times over the last 30 years was the 100 year
flood level which is where the 896.8 came from, okay. So now what are we talking about now?
Well we're talking about 896.3. That seems like a pretty reasonable level. It does still maintain
a,when things are at a pretty normal level of the lake,the ordinary level,the citizens are
responsible when it gets above that. The City helps out and shuts down the lake. It's a pretty
reasonable number. Is there a way for me to put my graph up here? The next piece that I wanted
to quickly go over is, is what happens when you do the levels we're recommending. So there's
3,000 data points that are managed by the DNR since 1967 that represent the level of Lotus
Lake. Of those levels the average level of this lake was 896.55 okay. That's 9 inches away from
the ordinary high water mark. So we're only talking about a 9 inch difference. The average
level of the lake over 40 years and the level you're recommending is 9 inch difference. Now at
this point if you do the average or do standard deviation calculations that means that this lake
will be over that level 5 percent of the time. Okay so 5 percent of the time the level will be over
this 896.3 and the lake will shut down. If you then go and do what Mr. Koch is recommending
you're now 3 inches away from the average level of the lake. In other words the lake runs
average. 895.55 and Mr. Koch wants it .25 feet above that. 3 inches okay. 3 inches. So the first
rain that happens when the lake's at the average,the lake shuts down. If you do the average over
the 40 years 30 percent of the time the lake is shut down with Mr. Koch's recommendation. 30
percent of the time we don't have use of the lake. Wakeboard boats would have no use ever. So
is that fair? Is it the right answer? Obviously not. One month out of our summer on the
average. Last summer we would never use the lake of any boats. The other one that you always
hear about is water quality. I'm getting so sick of this as an example. I keep saying. You've
seen it before. Here is the Secchi disk. That's the level you can see down into the lake whenever
you put a disk down. That's the clarity of the lake number. It's a pretty good number. Pretty
perceptive. It's a pretty good precision number. It's been taken every year for, back in 1980 it
started. If you look at this curve carefully, you see how it's going up? That means that you can
see further down into the lake so everybody who sits up here and says to you the lake is looks
horrible. It's worst. There's no data to support it. The data supports that the lake is getting
better. And that is from the watershed and it's from the watershed numbers and it says for years
from 1979 to 2017 there's a strong evidence that a trend of increasing water clarity on this lake.
That's Lotus Lake. Written on the forms.
Mayor Ryan: Mr. Donen will you just be mindful of time.
Steve Donen: I'm done.
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Chanhassen City Council —January 13. 2020
Mayor Ryan: Okay thank you.
Steve Donen: So in conclusion you've done a nice job on what you've chosen for your
ordinance.
Mayor Ryan: Great, thank you.
JoAnn Syverson: Good evening. JoAnn Syverson, 489 Pleasant View Road. I want to thank
you for considering lowering the no wake trigger on Lotus to 896.3. It's certainly much more
realistic for today than the antiquated 896.8 but I'm going to make the case for the trigger to be
895.8. What do these numbers mean? I mean we've got all these numbers. What do they mean?
Well I think what we can do is think, get a picture of what they mean and what does it look like?
What does 896.3 look like? Well let's think back to last Fourth of July. As I was sitting there
looking at my dock that was under water I could see what it looked like and I was told that on
Fourth of July we had not reached the 896.3 or even the 896.8 levels so Lotus Lake according to
these numbers should not have had restrictions which it didn't have. So what did it look like?
Well besides the dock under water with water splashing all over it, there was a phenomenal
number of boats out there because the boats from Minnetonka and Minnewashta that had no
wake restrictions came over to our lake so all day long we saw numerous wake boats circling our
lake along the shores. To the point where you know you couldn't get out there in a kayak or a
paddleboard or swim. I mean it was unbelievable. Also let's visualize what my shore line
looked like. Well luckily I didn't have too much damage because of the way I am positioned on
the lake but I had friends who were on the narrow parts of the lake that had significant damage
and even riprap going down. Now if the City declares 896.3 on the lake as the trigger point this
next Fourth of July will likely look like the last Fourth of July and even more weekends in the
summer will look like it did last Fourth of July. You know it's 2020. It's not 2006. It's not
even 2017. Every year the number of wake boats has increased tremendously. Every year has
made a difference. It is not 2017. The boating industry has developed the technology to create
boats that recreate ocean wakes so that people can surf behind them. These wakes do damage
shorelines and the lake. We have hundreds of studies that prove this. So our lake, Lotus Lake is
just too narrow and too shallow to accommodate wake boats but then you add the deepen waters
during high rains and the damage is significantly increased. So I believe that you need to lower
the no wake trigger to 895.8 to accommodate all these types of wakes that unfortunately are
being generated on Lotus Lake. Thank you.
Mayor Ryan: Thank you.
Mark von Oven: Good evening. Mark von Oven. I'm at 6655 Horseshoe Curve. I am in favor
of the amendment as proposed and I'm a wake boarder and I'm asking you to lower the level at
which there is no wakes so how does that make sense? Well I'm also a lake owner and I also
believe in short that the same problem with this country is kind of happening right now. There's
not enough compromise and this is a beautiful compromise. You had up there on the screen
earlier and I don't, I didn't have it memorized but Chanhassen's city slogan, planning for today
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Chanhassen City Council —January 13. 2020
and preparing for tomorrow or something of that course. This is all exactly along those lines.
This level will reduce the number of days that I get to wakeboard but it's the days where I
shouldn't be wakeboarding anyway because that level is the ordinary high water level and what
is special about that level? What's special about that level is these groups don't have to come in
here every year lobbying you for a different level because you're tying it to something logical.
You're tying it to something the DNR sets. People who have expertise and who are not being
paid to do a study for the wakeboarding side or the get rid of wakeboarding side so I think you're
doing a really, really smart thing here. I think the DNR will agree and I hope you approve the
amendment.
Mayor Ryan: Thank you. Is there anyone else that would like to speak tonight? Alright going
once. Going twice. I don't see any movement. Alright with that I will take a motion to close the
public hearing,
Councilwoman Coleman: So moved.
Mayor Ryan: Is there a second?
Councilwoman Tjornhom: Second.
Councilwoman Coleman moved, Councilwoman Tjornhom seconded to close the public
hearing. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The
public hearing was closed.
Mayor Ryan: The public hearing is closed and we will bring it back to council for question,
comments or any action. Anybody have any questions of council based on the feedback or
information? Councilman McDonald.
Councilman McDonald: Thank you Mayor. Over the past year I visited with many of you
about all of this and one of the things I have for staff is at one point I had asked about what's the
impact of all these numbers as far as how long will the lake be closed and I'm not sure if public
works had an opportunity to put together that graph or not but there was initially a graph at one
time but it was the scale was quite large. I'm just wondering if city staff had an opportunity to
relook at that?
Todd Gerhardt: Ryan do you have that graph that shows the number of times the lake would be
closed based on elevations?
Ryan Pinkalla: We did the expanded scale, the one that you're referring to and beyond that we
didn't do a smaller scale version for the past only 5 years.
Todd Gerhardt: Okay what years were they?
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Chanhassen City Council—January 13, 2020
Ryan Pinkalla: I believe it was the extent of our data I think was from about 1987 to present.
Todd Gerhardt: Okay, do you have that here tonight?
Todd Hoffman: It's similar to the graph that Mr. Donen put up.
Ryan Pinkalla: Yeah it was the same data actually.
Todd Hoffman: So we'll find it.
Councilman McDonald: Okay well no I thought that maybe Mr. Donen may have gotten his
information from you because that's pretty much the graph I was looking for was something to
kind of look at the impact last year based upon the various points of where these numbers were.
What I was looking for and I think that I'm trying to get a handle on is okay, if we close Lotus
Lake what's the impact not only upon the rest of the community but upon the homeowners
themselves so that was a question I had and that was something I was trying to get at was to see
just how reasonable all these numbers actually were. That was my only question for staff.
Mayor Ryan: I think Councilman McDonald actually I have the information for you. I don't
have the graph but I obviously had a similar question for staff and Ryan forwarded the email and
so I think the question was at the proposed or alternative recommendation of the 895, I think at
the time it was .5. If you look at the number of days above elevation according to Ryan in 2019
it would be 180 days above elevation. In 2018 it would result in 133 days above that elevation.
In 2017 it would be 178 days and in 2016 it would be 250 days above that elevation so that was
what Ryan had forwarded us. Is that what you were looking for Councilman McDonald?
Councilman McDonald: That's what I was looking for.
Mayor Ryan: Okay.
Councilman McDonald: Thank you Mayor.
Mayor Ryan: Yep.
Councilwoman Tjornhom: I have a question. In our past conversations and public comments
it's been brought about acquiring DNR permits for improving your lakeshore and some people
say it's very difficult to get a permit from the DNR and the watershed district and other people
seem to feel that it has not been an issue and so could someone please give me some clarification
on that issue because I really does make a big difference how your lakeshore is maintained when
it comes to shoreland protection.
Ryan Pinkalla: So the permits through the DNR are, anything below the ordinary high water
level of the lake is regulated by the DNR so as far as the permitting process, I mean that you
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Chanhassen City Council January 13. 2020
know it's kind of their jurisdiction. The watershed district does have their own rules as well but
they do not regulate below the ordinary high water level either so they would only be enforcing
shoreland ordinances for themselves.
Councilwoman Tjornhom: So will changing these numbers then make it more difficult to
acquire a permit?
Ryan Pinkalla: Changing this level should not affect that at all.
Councilwoman Tjornhom: Okay. Thank you.
Audience: I know my goatee is as white as Jerry's up there but 30 years ago you had to.
Mayor Ryan: Sir? This public comment,the public hearing is closed.
Audience: Oh sorry.
Mayor Ryan: Council any further questions? I just have a couple, or one question and this is for
Mr. Knutson. Is when water comes onto your shore, I mean is that considered, can a thing be
trespassing? I guess 1 was a little confused about, I know obviously people can trespass but can
water?
Roger Knutson: Depending on how you're using the term. If you're using it that it's a legal
term, legally trespassing water can't trespass.
Mayor Ryan: Can't or can?
Roger Knutson: It's not a crime for the water to come on your property.
Mayor Ryan: Okay. And then clarification on our enforcement,when we have the County
come, how many times currently do we have the County come out? Is it based on what our ask
is of the City? Could somebody provide clarification on what relationship? Mr. Hoffman I'm
looking at you.
Todd Hoffman: For enforcement?
Mayor Ryan: Yes.
Todd Hoffman: Yes so Carver County is responsible for surface water enforcement in our
county and they come out, we don't direct that but we can certainly request that if there's a
particular issue on a lake,kind of a hot spot if you will that we can request that that they do
additional enforcement. If they have the time and the resources to do that then the can go ahead
and react to that situation.
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Chanhassen City Council January 13. 2020
Mayor Ryan: Okay. And I'll ask Charlie if you're familiar, I know you are new so I hate to put
you on the hot seat but I know you're familiar with watersheds and lake issues with Prior Lake.
Are you familiar with lakes closing based on other lakes closing?
Charlie Howley: Oh Madam Mayor, I have not heard that anywhere else but I don't pretend to
know all the lakes in the metro area but we don't have anything like that down where I'm at.
Mayor Ryan: Okay. And Mr. Knutson are there legal grounds to close based on other lakes
closing?
Roger Knutson: No.
Mayor Ryan: Okay.
Mayor Ryan: That's all of my questions. Council are there any further comments or a motion
for the proposed motion?
Councilwoman Coleman: I'll make a motion. The City Council approves the draft ordinance
amending Section 6-49 which establishes water levels at which slow no wake restrictions apply
for Lotus Lake, Lake Lucy, Lake Minnewashta and Lake Susan. This ordinance also gives the
Public Works Director the authority to enforce elevations when the water levels exceed these
elevations. Recommended changes to the slow no wake elevations for each lake are Lotus Lake
896.30, Lake Lucy 957.24, Lake Minnewashta 945.00, Lake Susan remains unchanged at
882.50.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Ryan: With a valid motion and a second are there any comments that anybody would like
to make before we vote?
Councilwoman Coleman moved, Councilwoman Tjornhom seconded that the City Council
approves the draft ordinance amending Section 6-49 which establishes water levels at
which slow no wake restrictions apply for Lotus Lake, Lake Lucy, Lake Minnewashta and
Lake Susan. This ordinance also gives the Public Works Director the authority to enforce
elevations when the water levels exceed these elevations. Recommended changes to the
slow no wake elevations for each lake are Lotus Lake 896.30, Lake Lucy 957.24,Lake
Minnewashta 945.00,Lake Susan remains unchanged at 882.50. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
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Chanhassen City Council —January 13, 2020
Mayor Ryan: That motion carries 4-0. And Mr. Hoffman if you would be so kind to, do you
have the timeline again? Could you just throw that back up on the screen just so, so the
ordinance is approved this evening and then how will we make it publicly known that the DNR
responded to us?
Todd Hoffman: It will be back here at a City Council meeting for your final approval and once
we've received that notification from the DNR then it will be published in a packet and
recommended that the City Council authorize or make that final approval so the public will have
access to that information.
Mayor Ryan: Okay perfect, thank you Mr. Hoffman. Alright next is New Business.
AWARD OF BIDS FOR LYMAN BOULEVARD IMPROVEMENT PROJECT.
Mayor Ryan: Alright Mr. Bender.
George Bender: Good evening Mayor and council members. I'll be presenting tonight the
award of the, recommendation of award of the Lyman Boulevard project from Galpin to 41.
This is similar to the presentation that you saw in October with some updated information
because the project was recently bid. For a little background, for anyone that this may be new
information for the yellow colored area along Lyman Boulevard and Trunk Highway 41 is the
project area. This is the last section through Chanhassen that is in need of an upgrade. The
existing conditions are two lane rural section roadway. Significant areas along this section are
where there are poor subsoils. With wetlands present on each side of the roadway, crashes
through this section are low and existing ADT levels are about 6,000 vehicles per day with a
projection in 2040 to increase to 11,200 vehicles per day. The County has pursued two federal
grant applications with the support of council and neither of them have been successful. The
County did secure roughly $2.2 million dollars in grants to fund the intersection at Trunk
Highway 41 and Lyman. New information is,this isn't new information yet. The project was
originally bid on May 2nd of 2019. Those bids were rejected due to being what was considered
too far over the engineer's estimate which equated to about 15.8 percent and that amount was
roughly$1.2 million. Chanhassen would also have seen a cost share of about $273,000 over the
amount that's been estimated per the joint powers agreement that was established. Here's a
closer description or view of the project layout. You know the city border is right in this area so
a significant portion of this project is in Chaska and we're focused on the portion in Chanhassen
but the joint powers essentially it's part of the entire project here. These improvements that are
proposed are reconstructing the roadway to an urban section which includes adding curb and
gutter to correct poor soil areas and reconstruct the road to a 10 ton roadway design. Three
roundabouts will be constructed at Norex, Peavey, and Trunk Highway 7 as shown near here and
here. And pedestrian trail would be constructed on the north side of Lyman Boulevard and
upgrades to the stormwater treatments would also be part of the project. So new information for
this evening is the project was rebid on December 10th. The engineer's estimate was $7.525
million dollars. Four bids were received and opened by Carver County. Eureka Construction
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Chanhassen City Council January 13. 2020
was the low bidder at$5.75 million. This equates to roughly 3 percent over the engineer's
estimate and that's why we're here tonight for council recommendation to Carver County is
because the JPA indicates that if the amount, bid amount comes in over the engineer's estimate
that the council has to make that recommendation to the county board. So pretty good range
from $7.7 to $8.6 so it's definitely felt that competitive bids were received. From a funding
perspective, even though that it's 3.3 percent over the engineer's estimate the key is the actual
cost to Chanhassen are under the estimated amounts. It's a somewhat small amount of around
$37,000 but it is under so there's past history on this but you know that has been previously
discussed and you know the key part is just essentially getting to the estimated versus the actual
funding splits. This is an upgraded projection for the City of Chanhassen's MSA funds. It was
negotiated with the County and a funding agreement and that's been highlighted in this.
Chanhassen will not see a charge until 2021. Considering the project's going to be for the most
part completed in 2020 that's deemed to be a pretty good deal so $1.5 million was originally
proposed to come out in 2020 of the MSA funds that backed up a year. Carver County is also
going to provide a no interest loan per se and front some of the cost for the City to the tune, it
was originally proposed to be $728,000 which when you see the $145,600 that's 5 years into that
$728,000 number. With the actual bids year 5 is going to shrink $33,000 to a little bit under
$112,000 so that in itself is you know the County is helping the City with that. As far as talking
to the other project partners MnDOT's reviewed the bids. Concurs with the project award as
does Carver County. Neither really feels that this project's going to get any cheaper at this point.
It was bid in a very favorable time. There was a good response to the project and the bids were
within a reasonable range. To date Chaska has been non-committal in their date regarding
recommendation. I did check with Carver County today and they still have not gotten a formal
concurrence yet from Chaska. They have also not indicated why Chaska is not giving that
recommendation one way or the other so. You know of the project partners their cost went up
the most so that's about the only thing in looking at the numbers that I could take away from it
but that doesn't mean that's part of their thought process.
Mayor Ryan: But the project will still move forward with or without Chaska?
George Bender: I don't have a copy of their JPA.
Mayor Ryan: Okay.
George Bender: If it's similar to our's their council would have to give approval or concurrence.
So the schedule is basically to have the City Council recommend award by Carver County. Start
construction in spring and even though it's a very big project the project documents are requiring
completion in 2020 so I would assume that it will practically go right up to winter.
Todd Gerhardt: So George what was the original bid amount back in May?
George Bender: I believe it was $8,889,000 roughly. I'd have to look that up for confirmation.
I do have that number here.
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Chanhassen City Council —January 13, 2020
Todd Gerhardt: So roughly$137,000 less by waiting to rebid it? Or$1,137,000. $1,137,000
sorry. Forgot a number. Big number.
George Bender: Yeah I was correct. It was $8,889,000 and some change. So essentially it is a
much better deal. They did make a few changes when they rebid the project. The engineer's
estimate went down about $150,000 but overall you know the project went down well over a
million dollars and so it seems like it was a good decision to wait 6 months so.
Mayor Ryan: Great.
George Bender: You know I've personally worked with Eureka Construction before. They are a
good contractor so you know if there was any concerns relative to who got the project I don't
think that that's really applicable at this point. So that leaves me with the City Council
considering a recommendation to approve a resolution to award the low bid to, for this project to
Carver County for Eureka Construction and I'll stand for questions.
Mayor Ryan: Great thank you. Council any questions? I don't have any questions but Mr.
Bender could you go back to your funding page please? One more slide. And this is more just
for a point of clarification because when you look at this and I'll ask Todd, or Mr. Gerhardt to
speak on it but this was a section of road that gave council a lot of heartburn over the past couple
years and we did talk about it but because of the joint powers agreement that's been in place
since 1994. Again updated in 2008 and it's a significant, an important road for the continuation
of Lyman Boulevard. It's something that the council agreed to move forward on it but Mr.
Gerhardt if you want to add any comments to this I think it's important to highlight just because
it is a significant amount coming out of our MSA funds.
Todd Gerhardt: Sure Mayor. Can you bring up the map that showed, that one. Okay. Where
you see Chanhassen High School, Lyman Boulevard, the blue line that goes south is called
Audubon and half of that road is within Chanhassen and half is within Chaska and Chaska rebuilt
Audubon I would say approximately 15 years ago and that is why we are picking up more of
Lyman Boulevard and it's not going all the way to 41. It's really going to Peavey. The two
grants that Carver County received is for 41. The yellow line to the east and the little bit up to
Peavey so that portion of Lyman is our responsibility based on the agreement that we had with
Carver County and Chaska because Chaska paid for Audubon Road in Chanhassen so we're
paying for more of Lyman Boulevard that sits in the city of Chaska.
Mayor Ryan: And if you flip to the next slide, an important part of or I suppose either slide
works but important part of this segment of road because when you look at the volume it's not as
high as some other areas that may need attention but the importance of this is because of the
development that's happening there. We have a large commercial industrial site right there as
well as leading to the high school and then ultimately when Avienda gets developed it's going to
be a high traffic road and definitely needed the upgrades but I just want to comment on it
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Chanhassen City Council January 13, 2020
because it is, it is a significant hit to our MSA dollars and I think there's a decimal error in your,
unless I read it wrong. The MSA funds. So is it, it's the $1.6 million in 2021?
George Bender: Are you looking in 2021?
Mayor Ryan: Yep.
George Bender: That's the $1.5 million plus the $145.600.
Mayor Ryan: And so in 2021 it's the, it's all of it and then taken off$145,000 for the remaining
year out of MSA, is that what we're doing?
George Bender: Essentially it's.
Todd Gerhardt: If you remember we went to a legislator last year to try to received $728,000 in
State funding.
Mayor Ryan: Yes.
Todd Gerhardt: So that's the $145,000 over the 4 year period with the exception of 2025 and
that's less because of the savings of$37,000.
Mayor Ryan: Okay so that was the gap that we were looking to cover.
Todd Gerhardt: Yes.
Mayor Ryan: Was coming out of the MSA.
Todd Gerhardt: Yes.
Mayor Ryan: Alright perfect.
Todd Gerhardt: And go back to that other map. The Mayor's absolutely right that this road is
going to see substantial traffic increase where it says Lyman Boulevard. Existing signal.
There's a 700,000 square foot office industrial facility going into that location with probably
close to 800 new jobs. Also Victoria families with high school kids use this as an access to get
to the Chanhassen High School and there's talk amongst Carver County and Victoria to get
Lyman Boulevard extended over to Bavaria Road and that Victoria, Chaska and Carver County
are working on an agreement to extend that road over so you will see substantial traffic increase
for that. Not just to get to Avienda but also to 212 and other amenities in that area.
Mayor Ryan: Perfect. Thank you Mr. Gerhardt. Council any motion?
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Chanhassen City Council —January 13. 2020
Councilwoman Coleman: Sure I'll make a motion. The City Council approves a resolution
awarding the low bid received from the Lyman Boulevard improvement project to Eureka
Construction Inc.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Tjornhom: Second.
Resolution #2019-02: Councilwoman Coleman moved, Councilwoman Tjornhom seconded
that the City Council approves a resolution awarding the low bid received for the Lyman
Boulevard Improvement Project(TH 41 to Galpin Boulevard) to Eureka Construction Inc.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Mayor Ryan: That motion carries 4-0.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Todd Gerhardt: I'm excited to announce that we've hired a new Water Resources Coordinator.
Matt Unmacht. He comes to us from WSB. He's worked for them for 5 years under their
Director of Water Resources Andy Moffat and Andy has been our interim Water Resources
Coordinator and so I'm excited. Charlie's excited. Jake's excited because we've talked to this
young man for several months and Ryan I think even, yeah Ryan met him and so it took a little
convincing but we got him and I sent his dad an email and told him I definitely will not break
him as we have him here and his dad is the Executive Director of the League of Minnesota
Cities. Previous Scott County Administrator and I think City Manager in Savage also so, and he
is not an Iowa Hawkeye fan like his dad so that's even better and he's ready to row the boat and
check our wetlands and support the University of Minnesota.
Mayor Ryan: Perfect,thank you Todd.
CORRESPONDENCE DISCUSSION. None.
Councilwoman Coleman moved, Councilman McDonald seconded to adjourn the City
Council meeting. All voted in favor and the motion carried unanimously with a vote of 4 to
0. The City Council meeting was adjourned at 8:30 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
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