CC VER 2020 05 26CHANHASSEN CITY COUNCIL
REGULAR MEETING
MAY 26, 2020
Mayor Ryan called the meeting to order at 7:00 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, Charlie Howley, Todd Hoffman, Roger
Knutson, Richard Rice, Matt Kerr, Kim Meuwissen, MacKenzie Walters, and Alison Vance
PUBLIC PRESENT:
Woody Love Barrington Way
Ken Ashfeld 6480 Yosemite
Mayor Ryan: Good evening again everyone. Thank you for joining us tonight. I hope that
everyone had a happy and safe Memorial Day weekend. We of course missed celebrating with
all of you as well as the Legion but I hope that you all had an opportunity or took the opportunity
to honor those that gave their lives for our freedom. I did receive some photos from residents
yesterday after the 3:00 call to Taps playing bugles and trumpets so I appreciate you sending me
those photos and for doing that. For tonight I would like to again review the guidelines since we
are still operating under the remote meeting statute I will be asking each council member for a
verbal acknowledgement throughout the agenda item and then ask for a roll call vote if required
before moving to the next agenda item. No council member will be holding chats or discussions
through the Zoom application and all discussions will be made public. For the record we have
all of our council members present tonight both via Zoom as well as in the council chambers.
Our first action is agenda approval. Council members are there any modifications to the agenda
as printed? Councilman McDonald?
Councilman McDonald: No I have none at this time.
Mayor Ryan: Councilwoman Tjornhom?
Councilwoman Tjornhom: No.
Mayor Ryan: Councilwoman Coleman?
Councilwoman Coleman: None from me.
Mayor Ryan: And Councilman Campion?
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Councilman Campion: None.
Mayor Ryan: Thank you. So we will move forward with the published agenda. It’s nice having
some of you back again. I’m used to looking at your faces on the screen.
PUBLIC ANNOUNCEMENTS. PRESENTATION OF CERTIFICATES OF
APPRECIATION TO OUTGOING COMMISSIONERS.
Mayor Ryan: Tonight we have a public, two public announcements. We will be presenting
Certificates of Appreciation to outgoing commission members as well as Maple Leaf Awards to
outgoing commissioners. We are incredibly grateful for the amount of work and
accomplishments that you all have provided for the City and it goes without saying that the
council, and we could not do our job without your hard work so thank you very much. I’m going
to read these, a little bit about each of the commissioners and then we have for social distancing
and spacing we have some commissioners that are here but in the senior center and other
commissioners joining on Zoom so appreciate your patience as we work through this. Tonight
the first Certificate is for Meredith Petouvis from the Park and Recreation Commission.
Meredith Petouvis served as a member of the Park and Recreation Commission from 2017 to
2020. Meredith was an active commissioner that lent insight and vision with the Park and
Recreation System Plan and the Lake Ann feasibility study. Her commitment to seeking
feedback, having well thought out comments and sound recommendations will truly put her
stamp on these historic projects that will serve the recreational and social needs of our current
and future residents. Meredith along with her family members attended and volunteered at many
community events. Her attendance provided insightfulness which proved to be a better result to
our residents and participants. Meredith always look interest and participated with the annual
capital improvement plan. Her attention to detail was unmatched and always strived to be a
good steward of Chanhassen’s tax dollars. Meredith made a lasting impression on the Park and
Recreation Commission and the Chanhassen community. Congratulations on a job well done
and we will get that Certificate in the mail to Meredith. Thank you Meredith. Next we have
Rachel Popken with the Environmental Commission. Rachel was appointed to the commission
in 2017 and brought creativity, passion and knowledge to the commission. While serving on the
commission she contributed to the following accomplishments. She helped coordinate the Earth
Hour event in 2019 with Paisley Park. She assisted with the development of public education
pieces focused on the commission’s chosen environmental topic each year and donated her time
and talent to help create the energy efficiency promotional items for the commission’s Business
Expo display in 2019. Rachel’s talent and creativity was an asset to the commission and she will
be greatly missed. Thank you Rachel. Keith I believe you are here. If you would like to come
in Keith. Welcome. Keith and family. Alright. Why don’t you stand right up here where the
little X is. I’ll read this to you and then I will, or the little line right up front there. I’ll read this
to you and then I’ll come and hand you your certificate. Thank you for being here tonight.
Keith was appointed to the Environmental Commission in 2017 and brought leadership and
commitment to all of the commission’s endeavors. In 2018 he served as Vice Chair to the
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commission and was elected Chair in 2019. While serving on the commission he contributed to
the following accomplishments. He championed the commission’s recommendation that the
City become a GreenStep City. He provided public education at the July 3rd Business Expo and
fall workshop as well as many articles for the Connection. Participated each year with his family
at the annual Arbor Day celebration with tree planting to honor the spirit of the day. Keith was a
valuable member of the commission and his involvement will be greatly missed. Thank you for
your service. Next we have the presentation for the Maple Leaf Awards.
PRESENTATION OF MAPLE LEAF AWARDS TO OUTGOING COMMISSIONERS.
Mayor Ryan: Mr. Tietz I believe you are here as well. Hello there. Come on forward. There’s a
little marker on the floor up there. John was appointed to the Planning Commission in 2015 and
served until April, 2020. John’s knowledge and experience as a landscape architect gave him
great insight and he raised the quality of review of developments. During his tenure the
commission accomplished a number of long range projects including the updates of the 61
corridor and subsequent land use amendments in the review and recommendation of the 2040
Comprehensive Plan. Some of the projects that were reviewed during John’s tenure include
Paisley Park Museum, Chick-fil-A, west water treatment plant, Mission Hills Senior Housing,
the Riley Crossing Senior Living, the Venue, the list keeps going. Panera, Tweet Dental, the
2040 Comprehensive Plan, Avienda, Holasek Business Park, Camp Tanadoona community room
and dining hall and the Park subdivision. We so greatly appreciate your service.
John Tietz: Thank you. Can I just say something now?
Mayor Ryan: Absolutely.
John Tietz: Well it’s been a pleasure and an honor to serve on the Planning Commission for 5
years. Quite an enjoyable experience and it couldn’t have been done without the great support of
the staff. We just have an excellent staff. They’re always well prepared with great information
and Kate and Bob and Sharmeen and MacKenzie, we could go on and on. Jill and George and
who am I forgetting?
Kate Aanenson: Erik.
John Tietz: Erik and there have been a few water people go through but it’s been great and I
really enjoyed it so thanks again.
Mayor Ryan: You’ll be greatly missed…
Mayor Ryan: Alright next we have Mark Undestad and I believe he’s joining us via Zoom.
Yes?
Kate Aanenson: Yep.
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Mayor Ryan: Do we get to see him or does he just hear us? Well I will begin reading and if we
can get to him that’s great. Mark was appointed to the Planning Commission, there he is. Hello
Mark.
Mark Undestad: Hello.
Mayor Ryan: Mark was appointed to the Planning Commission in 2005 and served until
April, 2020. As a long time resident of Chanhassen and a developer Mark has historical
knowledge that assists in seeing the bigger picture and directing the discussion to get desired
project outcomes. Mark has been heavily involved in the non-profits in the city and executive
board as well as participating in the funding for the Veterans Monument and the Firefighters
Memorial. During his tenure the commission accomplished a number of long range projects
including the update of the 61 corridor and subsequent land use amendments and the review and
recommendation of the 2030 and 2040 Comprehensive Plan. Some of the projects that were
reviewed during Mark’s tenure include public works building, the business impact group, Dakota
Retail, west water treatment plant plan, Paisley Park Museum, Chick-fil-A, the Venue, Panera,
Tweet Dental, Avienda, Holasek Business Park, and for residential uses the Pioneer Pass
subdivision, Reflections at Lake Riley subdivision, Lake Harrison subdivision, Beehive Assisted
Living, Camden Ridge subdivision, Southwest Village Townhomes, Boulder Cove subdivision,
Mission Hills Senior Housing, the Riley Crossing Senior Living. You had an incredible tenure
on the Planning Commission and we are so appreciative of your service. Congratulations and
thank you. And we will get your award to you. Thank you Mark.
Mark Undestad: Alright thank you. It was a pleasure the last 15 years and I’d like to just thank
all the council and all the mayors and the staff, everybody has been a real journey and a lot of
fun. I will miss watching MacKenzie’s beard grow over there though. My pleasure. I
appreciate everything, thank you.
Mayor Ryan: Great thank you Mark. There may be some payback for that one but we will. The
next Maple Leaf award will go to Carol Buesgens. I believe Carol is here tonight. Hello Carol.
If you would join us right up front and center please. Mr. Gerhardt will tell you where to stand.
Thank you for coming tonight. We appreciate it. Carol was appointed to the Senior Commission
in 2007 and was an instrumental member of the commission throughout her tenure. Her
accomplishments include volunteered and became a certified technician for Car Fit to assist the
elderly in making their cars fit for their needs. Heavily involved in the Universal Design. A tool
to help seniors age in place. She always advocated to ensure seniors could grow old and remain
comfortable in this community. She volunteered at the 4th of July bingo event sponsored by the
commission. Carol has been the official bingo caller since 2011. The senior in Chanhassen are
very fortunate and honored that you were on their team always. Thank you Carol.
Carol Buesgens: Thank you. Thank you very much and I want to say to the commission that I
was so impressed with this City Council. As far as being on a commission you have, every time
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we needed something or wanted something you were there for us and for everybody in the city
and a good chance…
Mayor Ryan: Thank you. And last but certainly not least, Barbara Nevin. I know Barbara had
hoped to be here tonight but there we are, we see her in Zoom so nice to see you Barbara. Our
condolences. Barbara Nevin was appointed to the Senior Commission in 2006 and was it’s
chairman and valued member of the commission. Her accomplishments include approached
Chanhassen businesses and advocated for installation of the senior center parking spots. She
volunteered at numerous city functions such as the 3rd of July Business Expo, Arbor Day tree
planting, Memorial Day fund raising for the wounded warrior and many other social and service
programs. Volunteered on the 4th of July bingo event sponsored by the commission and was a
primary commissioner that contacted businesses asking for contributions for the 4th of July bingo
prizes. She mentored students through the Strive program, volunteered as an active member of
the Triad, a partnership between law enforcement, the community and the senior citizen
community, all working together to keep our senior citizens safe. She facilitated meetings with
the Rotary Club to raise funds for services geared towards seniors. She volunteered her time at
numerous city events to serve as a greeter, server, or any way she might be needed. She served
and promoted services for all of our veterans and especially the senior veterans. She educated
herself on topics to better serve seniors by attending workshops such as Older Adult Mental
Health. Your support to the senior center is evident and these are just a few of the things you did
that made life better and more comfortable for our senior community. You’ve been an
instrumental member of the commission. The seniors in Chanhassen were very fortunate. Very
fortunate and honored to have you on their team. Thank you Barbara.
Barbara Nevin: Thank you Elise very much.
Mayor Ryan: And here is your Maple Leaf Award and we will get it to you. I don’t know if you
can see it anywhere.
Barbara Nevin: Thank you. I can thank you.
Mayor Ryan: That is it for public announcements. Again thank you to all of our commissions.
You are a valuable asset to both the council and the community at large.
CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom
seconded to approve the following consent agenda items pursuant to the City Manager’s
recommendation:
1. Approve City Council Minutes dated May 11, 2020
2. Resolution #2020-33: Project 20-05 2020 Street Improvement Project, Approve Plans
and Specifications; Authorize Ad for Bids
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3. Resolution #2020-34: Project 20-03 Lake Lucy Road Rehabilitation, Approve Plans and
Specifications; Authorize Ad for Bids
4. Ordinance 654: Approve a Request to Amend PUD at 7801 Audubon Road (Paisley
Park)
5. Ordinance 655: Adopt Slow No Wake Ordinance
6. Resolution #2020-35: Approve Labor Agreement with Local 49 International Union of
Operating Engineers
7. Approve Temporary Outdoor Seating Policy
8. Approve Temporary Modification of the Licensed Premises to serve On-Sale Intoxicating
Liquor in Tequila Butcher’s Parking Lot
9. Resolution #2020-36: Support for Construction of a Roundabout on TH 41 at
Minnetonka Middle School West
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS. None.
PARKS AND RECREATION PROGRAMMING MODIFICATIONS.
Todd Hoffman: Thank you. Mayor Ryan, members of the City Council, tonight this is an update
on the parks and recreation programming modification. The recommendation tonight is that the
City Council authorizes the opening of all athletic facilities to groups of 10 or less effective June
1, 2020. The motion to serve smaller group interaction and training with no large practices,
scrimmages or games allowed. User groups, and that would be athletic associations, sporting
teams, baseball teams, other organizations that want to use the fields. User groups would be
required to provide a return to play safe protocol document outlining safety for their players and
coaches. Approval by the City Council is a simple majority vote. Little background of this. On
May 11th the City Council authorized the cancellation of public recreation events, gatherings and
closed public recreation facilities including athletic fields. That cancellation was in the best
interest of the public and well being of our community. Athletic associations have stayed
engaged with the community. They would like to see at least some small group practice. Some
of them will take advantage of this. Some may not. On May 13th Governor Walz issued
Executive Order 20-56 which included language related to public gatherings and
athletic/sporting events. The current recommended use of the City of Chanhassen’s outdoor
athletic facilities would include only small gatherings at this time. Larger practices, scrimmages
would be prohibited. The City would wait for additional action from the State prior to
forwarding a new recommendation to the City Council and again the recommendation given
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tonight stands and be happy to answer any questions. Take any comments or await an action by
the council.
Mayor Ryan: Thank you Mr. Hoffman. I’ll stand for questions for Mr. Hoffman. Councilman
McDonald.
Councilman McDonald: Yes thank you Mayor. I do have a question. We’re limiting this to
groups of 10 or less. What about enforcement? Are we looking for self enforcement as part of
the group to take this or what responsibility if any does the City have?
Todd Hoffman: So enforcement would be self enforcement. If somebody does give us a call
that it’s not being followed then we would follow up with a particular group or just respond at
that particular time. These would typically be in the evening. Some staff is around town and
they would just perhaps see it but there’s not going to be any active enforcement by staff.
Councilman McDonald: Okay thank you so while the answer is kind of what I wanted to hear.
Yeah we’re going to trust the groups to enforce this and we’re not going to I guess be out there
looking over everybody’s shoulder so appreciate that. Thank you.
Todd Hoffman: You’re welcome.
Mayor Ryan: Councilwoman Tjornhom any questions?
Councilwoman Tjornhom: No.
Mayor Ryan: Councilwoman Coleman any questions?
Councilwoman Coleman: None from me at this time, thank you.
Mayor Ryan: Councilman Campion?
Councilman Campion: None.
Mayor Ryan: Mr. Hoffman, if the Governor changes the recommendation, I know you had said
that then it would come back to council and maybe this is a question for Mr. Knutson in terms of
the motion. Could we, you know because as we were discussing things change rapidly and
sometimes he gives the 2 weeks notice of things are going to change but if it happens sooner
could we include groups of 10 or less you know something to the effect of, or for the direction of
the Governor?
Roger Knutson: Yes you can do that.
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Mayor Ryan: Okay. That way you know we might want to consider that council so we don’t
delay any time inbetween what the Governor is doing and we at the City Council meeting up for
consideration of the council but I was just curious about that as the executive orders change
rapidly and I know that there is a plan to continue to increase group training and to have less
burden on staff and council. We can just give that open direction so I’d like to throw that out to
council if you have any thoughts or feelings about that. If there are any other questions I would
entertain a motion.
Councilman McDonald: Madam Mayor I’ll make a motion and I’d like to modify what’s the
proposed motion and I would request the following. I propose that the City Council authorizes
the opening of all athletic facilities to groups of 10 or less or as directed by the Governor’s Stay
Safe orders effective June 1, 2020. The motion is for small group interaction and training with
no large practices, scrimmages or games allowed. User groups would be required to provide a
Return to Play Safety Protocol document outlining safety for their players and coaches.
Mayor Ryan: We have a valid motion. Is there a second?
Councilman Campion: Second.
Mayor Ryan: Councilman Campion seconded.
Councilman McDonald moved, Councilman Campion seconded that the City Council
authorizes the opening of all athletic facilities to groups of 10 or less or as directed by the
Governor’s Stay Safe orders effective June 1, 2020. The motion is for small group
interaction and training with no large practices, scrimmages or games allowed. User
groups would be required to provide a Return to Play Safety Protocol document outlining
safety for their players and coaches. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Mayor Ryan: Thank you Mr. Hoffman. Appreciate it.
Todd Hoffman: Could I provide an update on the 4th of July fireworks?
Mayor Ryan: Oh absolutely.
Todd Hoffman: As long as I’m here and standing with you.
Mayor Ryan: Yes.
Todd Hoffman: So the 4th of July fireworks planning team has met twice with another meeting
scheduled this coming Thursday, May 28th. The meetings have identified individuals for
leadership roles that will be responsible for their part of the event. The group has set an overall
goal for the event. We had four options. Right now the group is looking at Option 2 which
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would be to launch the fireworks under a drive in only theme is all compliance can be met with
the executive order established by Governor Walz. So a drive in would be park every other stall.
Stay either within your vehicle to adjacent to your vehicle if you’re going to watch the fireworks
from the park. On a typical year less than 25 percent of the people who see the fireworks in our
community are in the park and so you know you’re going to reduce that a little bit because
you’re not going to have the park completely full but there’s still a lot of people that watch the
fireworks either at home or at another location in the community. Under this assumption the
group is developing a public safety, fire department safety plan that cannot only serve the
fireworks spectators but also the residents as a whole in the community as they travel to and
from the fireworks show. The group has also identified public and private lots that can be used
for viewing and is developing a parking and staffing plan to assure the best possible outcome.
Other communities are also planning a similar event. Lakeville I know. Delano. There’s
probably others in the metro area and the state that are going to launch their fireworks as well.
Lots of people enjoy seeing them but they also like hearing them and they just like the really the
decision to launch the fireworks display in Chanhassen. Still working on the plane flyover as
well. Something I’m hearing is some neighborhoods are planning some activities surrounding
the plane fireworks and so they’re starting at 2:30 or immediately after with social distancing in
place so things like boat parades and community parades, neighborhood walks and so they’re
utilizing if we do have that plane flyover that is the signal of their start of their community
activity as well so even though we’re not doing a lot of things in Chanhassen they are pretty
significant and people are tracking what we’re doing for the 4th of July so we appreciate the
council’s support.
Mayor Ryan: Great, thank you Mr. Hoffman. Before you step down council any questions?
Councilman McDonald: Yes Mayor. Yes Mayor I have some questions. First of all I applaud
the commission and the group you put together for definitely trying to save the fireworks for the
4th of July. Thank you for doing that. The concern I have though is this thing about the drive in
approach and this has been one of the problems that I have had for some time about how we’re
going to do this. To say that people are going to need to remain their car I think is unworkable
because if you remember what the 4th of July is like around here. We’re looking at temperatures
at least in the mid to upper 80’s. Bad humidity. Mosquitoes. Kids. All of that stuff. I would
like to see something that at least allows people to get out of their car. I don’t want to see
something where we’re having to go through the park and do enforcement. I don’t believe in
that. I believe that everybody should know what the rules are for that and you know we allow
them into the park and they accept those terms and conditions so I would speak for the, try to
find some way to allow people to get out and really enjoy the fireworks because again where the
parking is at back toward the back of Lake Ann I think you’re going to have difficulty really
enjoying the fireworks because of the trees and such. I also heard that okay we’ll let everybody
park in the ballfields and those things. Please don’t do that because we have enough trouble
keeping the ballfields up and everything and all it would take is what if it’s wet or something all
along those lines you’re looking at a lot of destruction to city property. So those are my only
comments is I would like to find some way to allow people to enjoy the fireworks without being
Chanhassen City Council – May 26, 2020
10
able to get out of their cars so other communities have gone and drawn circles on the ground. I
don’t know if that’s something that we could do or if you’ve even considered that but you know
maybe something along those lines might work a little bit better but I would just like to see
everybody be able to enjoy the fireworks on the 4th of July. Thank you.
Mayor Ryan: Thank you Councilman McDonald. Okay, Councilman Campion?
Councilman Campion: I just want to say that I echo the comments from Councilman McDonald.
I believe if we can allow for people.
Mayor Ryan: You need to speak into your more microphone.
Councilman Campion: If we can allow for more than you know remaining in vehicles for people
to effectively self patrol their own safe space as they could do in the parks today.
Mayor Ryan: Okay thank you. Go ahead.
Councilwoman Tjornhom: I would echo the same thoughts as my other council members that I
think that we’re all mature enough to be able to socially handle ourself when it comes to
distancing and watching the fireworks.
Mayor Ryan: Councilwoman Coleman would you like to say anything?
Councilwoman Coleman: I’m on the same page.
Mayor Ryan: Okay. Mr. Hoffman I think you hear the support from council. You have my
support as well. Really appreciate the time and energy that’s going into this. I know that it’s,
you know you causally talk about the 4 plans but I know the 4 plans have a lot of detail around
them and there’s a lot of moving parts depending on what Governor Walz does and says and I
know that you know with you and the sheriff’s office and the fire department you know are all
very concerned about making sure that it’s safe. That it represents Chanhassen well and so we
want to make sure that we’re taking the proper steps to do just that so really appreciate your
efforts in making this happen and we appreciate you taking the feedback back to your group.
The committee and I’ll look forward to the next report. So thank you Mr. Hoffman.
Todd Hoffman: Thank you very much.
APPROVE PROCLAMATION ENCOURAGING THE REOPENING OF LOCAL
BUSINESSES.
Mayor Ryan: This item was tabled at our May 11th meeting for further consideration tonight.
Mr. Gerhardt are you going to provide an update please.
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Todd Gerhardt: Mayor, council. The Mayor is exactly right. This item was tabled at our last
City Council meeting and I think the sentiment behind that tabling was to wait and see what the
new Governor’s order was and the Governor’s order did call for opening of businesses, maybe
not to the magnitude that everybody had hoped but restaurants can open to a max of 50
individuals, tables 6 feet apart. Salons, including nail, hair can open at a 25 percent capacity
within a certain square footage so we are seeing an opening of businesses this past week. He
also allowed churches to open to a 25 percent capacity also with social distancing within the
churches so the proclamation has not changed from the last meeting and it’s there for council’s
consideration and discussion.
Mayor Ryan: Thank you Mr. Gerhardt. Councilwoman Coleman you had brought, asked to
have this on the agenda at our last meeting so do you have any further comments or updates to
the proclamation?
Councilwoman Coleman: Yeah, thank you Madam Mayor, just really quickly. You know kind
of what Mr. Gerhardt was saying. I do appreciate some of the steps that the Governor has been
taking and I applaud him for doing so but I still think more could be done. Many of our small
businesses are still suffering and we’re all well aware that the life blood of our economy and
community. The steps taken won’t help everyone who have been hurt by this pandemic. A lot
of recent news stories show how restaurants had expected inside seating on June 1st and claim
they need it to have any hope of survival. I believe this proclamation is still necessary. The fact
is our residents and businesses are still hurting. There are people who want work. People who
need to work to feed their family. To pay their mortgage who are still being crushed by the
heavy hand turning the dials here. I would still like council to consider sending this
proclamation to Governor Walz. I am open to any requested changes so it may be considered as
he continues to decide what actions to take. In my opinion at the end of the day this is about
trust. People trusted all of us when they elected us and I trust them to take then necessary steps
to protect themselves, their employees and their customers and operate a business in a way that
they can actually grow and thrive. Please consider supporting this proclamation and thank you
for bringing it back on the agenda this week.
Mayor Ryan: Thank you councilwoman. I will ask council if they have any comments or
thoughts. Councilman McDonald?
Councilman McDonald: Thank you Mayor. Yes I do and I guess I would address this to
Councilwoman Coleman. It’s kind of a question. I basically you know agree with this but what
I think is missing is I think it needs to go further and my question is this. I think that we should
probably look at reopening everything and go the way the State of Georgia has gone. South
Dakota but one of the things that I think that they do that I think is missing from this is I would
like to see information given to the public about the pandemic. You know where is it happening
at? More detailed information so that people can make up their own minds. These are factors of
risk and I think that how you take that risk is dependent upon each individual. The Governor’s
Stay at Home Order I think robs you of that decision making. It basically tells you you’re not
Chanhassen City Council – May 26, 2020
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going to be allowed to take a risk and I don’t think one size fits all so is there something in here
that would basically say it’s not only open but provide information to the public so that they can
make a decision as to whether or not they want to go out into the public?
Councilwoman Coleman: Thank you Councilman McDonald. I think that there could easily be
inserted an additional Whereas talking about the number of cases in Carver County and the rest
of the state if that’s kind of what you’re aiming at as well as information for where they can learn
more about the virus and spread?
Councilman McDonald: Well yeah that’s kind of what I’m aiming at. I mean I see the reports
and we talk about Carver County but they’re very general in nature. I mean how could I as a
resident make a decision as to whether I wanted to go to one of the restaurants when I don’t even
know if I’m going into a hot spot or you know if I know there’s certain guidelines that the CDC
and everybody says restaurants should follow. How do I know if that restaurant’s following it? I
mean that’s the kind of information I believe the public needs so that they can make a decision
and that’s what I thought is kind of missing from that and that’s why I say I think it’s more than
let’s just say open up. I think it’s you’ve got to provide information to people.
Councilwoman Coleman: Yeah I would support adding an additional Whereas with relevant
information. Thank you for that suggestion.
Councilman McDonald: Okay thank you.
Mayor Ryan: Councilwoman Tjornhom?
Councilwoman Tjornhom: Thank you. I have a few comments about this. We need a resolution
after hearing what the Governor had announced about reopening and the dates and his flexibility
even on reopening churches earlier than we had anticipated. I’m not quite sure if this resolution,
this proclamation is relevant for the events that have taken place in the past couple weeks and so
I think if we were going to issue a proclamation I’m not sure what’s worded in this proclamation
right now is relevant and while I respect Councilman McDonald’s suggestion about including
something about reporting, I think the County should be having a website that would be
reporting that information because I think this information as far as number of cases reported,
that’s changing every day and so in order to have something accurate I would think, and I
haven’t checked so if it’s my ignorance I apologize. If there is a place that you can go to on the
Carver County website health department or that reports that information already so I’m not sure
if that’s something that would be needed to be added to the proclamation if that information’s
already available so I guess I kind of stand where I did last time where I just don’t see where this
is relevant and necessary to help our businesses. I think the best way we can help our businesses
is to support our businesses. I know we do everything we can to order from our restaurants.
You know to go into town and use our businesses and I intend to keep doing that. I cannot wait
until I actually be one of those 25 percent to get my nails done again. So you know there’s hope
Chanhassen City Council – May 26, 2020
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for the future and I would just like us to come together as a community and do that so I think
that’s my opinion.
Mayor Ryan: Thank you. Thank you councilwoman. Councilman Campion?
Councilman Campion: I do support the general spirit of the proclamation but I do, I also feel
that it’s a bit outdated. You know that it could at least use at least one more Whereas you know
to address sharing of information with the public so they can make decisions on their own but
also acknowledgement of the updates since May 1st. And I would like to see businesses open
more quickly. You know restaurants opened more broadly to indoor seating and that, if that was
outlined in this document, if it had a couple more Whereas’s I could get behind it but otherwise
as it is with you know just throwing in one more verbiage around the sharing of information I
don’t feel that even that goes far enough.
Mayor Ryan: Okay thank you Councilman Campion. I have a few thoughts on this as well.
Since the May 11th meeting I was happy that Councilman McDonald suggested tabling it and the
council 4-1 to do so because it really did give us an opportunity to kind of digest again digest
what the proclamation was all about and the impacts to the community. Over the course of the
last 2 weeks I continued to reflect on it and reach out to different groups of people as well as
individuals to really have a better understanding where we stand as a community. Where we
stand within the State and it still comes back to similarly to what Councilwoman Tjornhom just
said, I believe that there is this proclamation is still very generic and it was a lot of cities have
used it and it doesn’t really speak to what the City should be doing in representation of our, both
our residents and our business owners and in conversations with you know the Executive
Director or Chairman of the Southwest Metro Chamber of Commerce and Vernelle Clayton with
Buy Chanhassen who not only runs Buy Chanhassen representing small businesses in the
community but she also has tenants in Market Square where she has been in constant
communication with her tenants to see where they’re at and she provided feedback on that
situation. It also affects our non-profit associations that both serve our community and exist in
our community and the limited access that they have to support from churches and schools since
they have been closed, that that has had a challenge. Tequila Butcher and some of our local
restaurants have been in touch with our city staff to figure out ways that they with this latest
round of executive orders that they can work efficiently. And in addition to the businesses it’s
been the Minnesota Mayors Association and our Carver County Mayors and I share this with you
because it was something that I really felt important to look into to really understand the different
viewpoints of our community as a whole because as we all know as council people we are
elected to serve all of the people in our community. Businesses and residents alike and I think
we have all heard that there are still varying opinions and feelings about the state of affairs not
only in our country and state and our community and so we really need to have a measured
approach and in the spirit of that I felt that this proclamation was still very generic. It could be
put in front of the Governor and could apply to any city and so I took a different approach and I
have a copy for all council but, which I would like to pass out now. I did write a letter to
Governor Walz because I thought it was important for us to address the specific needs of
Chanhassen City Council – May 26, 2020
14
Chanhassen and once I pass this out to council I’d like to read it so, and then we can discuss it
afterwards. And Mr. Hoffman do you mind putting this up on the screen so Councilwoman
Coleman can also read it. Thank you. So I’d like to read this letter. To the Honorable Governor
Tim Walz. The City of Chanhassen thanks the Governor for his efforts in dealing with the
vexing public health crisis of the COVID-19 pandemic. The steadfast approach, sound
judgement and deference to public health officials has helped the State of Minnesota respond to
the challenges associated with this pandemic. We certainly recognize the positive work that has
been done. The City of Chanhassen’s motto is we are a community for life, providing for today
and planning for tomorrow. We take enormous pride in our long term planning safe guarding
that the needs of our residents and business owners are being met now and well into the future.
Recognizing this commitment many small independently owned businesses have opened within
the last 2 years along side ones that have been here for a lifetime. Most of these businesses have
made significant investment in their business. Many their life savings to make their dream a
reality. These dreams are being shattered with the continuation of emergency executive orders.
For years communities have been asked to support small business. It was the inception of Small
Business Saturday. However the unintended consequence of this gradual reopening is forcing
our residents to shop and support big box retailers. While the large retailers have met some of
the needs of Chanhassen our locally owned stores are struggling and our residents have been left
without the unique and local offerings our businesses provide. The need to be safe has never
been discounted but our local businesses and their employees, many of whom are our residents
are suffering significantly. We have continued to work closely with our business community
together navigating unchartered waters but we must do more. Governor Walz the City of
Chanhassen’s urgent request to you is that the time is now to turn the dial. Our small businesses,
the heart of our community are on the precipice of collapse. To date the City of Chanhassen has
not submitted a proclamation demanding reopen Minnesota. We are neither the experts nor do
we have insight into the matrix being used. However the situation for our local businesses,
houses of worship and non-profit organizations have become dire so in response to Executive
Order 20-56 the City of Chanhassen is respectfully asking you to consider the following. Turn
the dial on June 15, 2020. In keeping with a measured approach allow municipalities to work
directly with business owners to fully reopen. On May 20, 2020 Commissioner Grove
encouraged municipalities to get creative in working with our local business community. While
potentially onerous for municipalities the City of Chanhassen is more than prepared to take this
responsibility out of the hands of the State giving oversight back to local government so that we
can do what we do best which is serve our community. Eliminate the one size fits all approach.
While we are one Minnesota our communities are each unique. While trying to avoid inequities
the in advert effect of unfairness with this approach has been created. For example restaurants
and bars are able to reopen but on patios only. However the majority of bars and restaurants in
Chanhassen has limited or no space to allow for this accommodation. While Minneapolis and St.
Paul have the benefit of expansive sidewalks Chanhassen does not. Lifetime Fitness
headquartered in Chanhassen along with the many boutique gyms and dance studios are
organized to safely reopen. Mental health legislation was an initiative you supported. It is why
allowing gyms and studios to safely reopen must again be a priority. It has been proven that
physical activity positively impacts one’s mental health. Chanhassen gyms and studios are
Chanhassen City Council – May 26, 2020
15
prepared to reopen safely. Work more closely with places of worship and industry specific
associations to understand the impact of your executive orders. While your team of medical
experts use their data points and your select group of elected officials provide advice we must
allow the professionals in each business sector and our community religious leaders to assist in
shaping the guidelines of turning the dial. Generic timelines are creating an undue hardship on
Chanhassen’s business owners. They are unable to adequately prepare be it rehiring, purchasing
PPE or the many variable costs associated with resurrecting their businesses. Reopening
eliminates uncertainty and burden. Trust the partnership between business owners and
municipalities to formulate safety preparedness plans to reopen. The guidance from the
Minnesota Department of Health, the Department of Unemployment and Economic
Development and the Department of Labor and Industry have been clearly presented. Businesses
know they must be in compliance and understand the critical nature of providing a safe work
environment. Chanhassen business owners have stated that closing was the easy part and
reopening will be much harder but they will do it safely as the future of their business depends
on it. Being a community for life is something that the City of Chanhassen takes seriously so we
will continue to encourage our vulnerable population, those in long term care facilities and
seniors to stay home and follow all recommended precautions to stay safe. Governor Walz the
City of Chanhassen is committed to work in partnership with our local businesses to ensure both
employee and public safety. It is time to put trust back into the people of Minnesota. It is time
to reopen Minnesota. Respectfully Elise Ryan, Mayor. And so to follow up on that I wanted to
share that with council tonight and this isn’t something that I don’t believe we have to vote on
this letter but I welcome your feedback. I’d like to send this, you can provide your feedback now
or through Todd later in the week but I would like to get this to Governor Walz by the end of the
week and if you’d like to join me in this I’d be happy to do so. I just again strongly feel that the
proclamation just says reopen but doesn’t provide a solution and I believe that as we represent
the City of Chanhassen and businesses and residents that it is important to provide a solution for
the Governor and I think that we as council and a strong staff we have the ability to work directly
with our business owners to reopen Chanhassen safely and soundly so I welcome any feedback
on the letter. Any more comments in terms of the proclamation.
Councilwoman Coleman: Madam Mayor if I can hop in here please?
Mayor Ryan: Sure, Councilwoman Coleman.
Councilwoman Coleman: Yeah I really appreciate the sentiment and the thoughtfulness that
went into writing that letter. I think it really captures the essence of the proclamation’s intent
while as you said it adding a personal touch to it. I would be honored to join with you on the
effort. Just one clarifying question in case I get asked. Is Governor Walz planning on making
another announcement on June 15th or was there a reason we specifically chose that date?
Mayor Ryan: He has said that he is going to, everything is reopened or the last proclamation on
the 20th they said that they were, everything goes into effect June 1st and then the next round was
coming June 15th.
Chanhassen City Council – May 26, 2020
16
Councilwoman Coleman: Great thank you. Well I will support this letter. If council feels this
offers a more personal touch and the same effect as the proclamation then I would support
moving forward with this instead.
Mayor Ryan: Thank you councilwoman.
Councilwoman Tjornhom: Mayor Ryan?
Mayor Ryan: Councilwoman.
Councilwoman Tjornhom: Yeah I really am, I want to thank you for this letter. I think you
really told our story and really kind of let the Governor know who we are as a community and
what our expectations are moving forward for all of us and I think that one statement that you
made kind of says it all and it was the statement that said the City of Chanhassen is more
prepared to take it’s responsibility out of the hands of the State giving oversight back to local
government so that we can do what we do best which is to serve our community and I think
that’s pretty much the sentiment that I feel. That you know let us help our, us get back to normal
again and so thank you very much for this letter.
Mayor Ryan: Thank you for your feedback. I appreciate it. Any other thoughts or comments?
Councilman Campion: Yeah Madam Mayor I’d just like to add yes, I support this letter. I think
it’s well written. It speaks to the unique needs of Chanhassen and businesses and residents and I
can get behind this.
Mayor Ryan: Great, thank you councilman. Councilman McDonald?
Councilman McDonald: Thank you Mayor and I would echo the sentiment that thank you for
putting this together. It is a little bit more unique for the City of Chanhassen which I believe is
important. And I think you’ve expressed quite well that while we may be one state we’re made
up of many different communities and each one of those communities is different. The thing I
was thinking about and Councilwoman Tjornhom kind of brought it up so I think you said it
without really coming out maybe the way I would like but I do believe that given knowledge we
have the ability to make decisions as to how to open businesses and how to frequent those
businesses. I don’t believe that there’s any business owner in town that is trying to lure citizens
back in so they can make them sick with the virus. I think everybody realizes that every resident
is their customer and they do want to keep them safe. Just like I’m sure every resident wants to
feel safe when they go into any business. That’s kind of my point where I come back and again
you may have said it and I’ll let it sink in for a little bit but I think power needs to come back to
the individual and the only way the individual is going to get that power back is to be given the
information and knowledge as to what is going on. I think you’ve established a good step. You
know one of the things I’ve always been concerned about being on the council and dealing with
Chanhassen City Council – May 26, 2020
17
the political structures, I think everybody overlooks the communities. I think we’re not given
our due confidence and you know due credit for what we do. I mean we’re the ones that actually
deal with people and I think that that’s important to give out that working with people we can
resolve this, not at the Governor’s mansion where he’s having to go through the legislature. He’s
got to deal with everybody. It’s a representative approach at that point. You know he’s hearing
from, it’s like lobbying. He’s hearing from people that are very good at lobbying in the medical
community but they really don’t understand the impact upon the business community and while
I’ll be the first to admit, yeah this is a very dangerous disease. There are ways to control it and
that’s where I look at where’s it actually happening? For a while no in formation was given out
and then all of a sudden we find out that where the majority of deaths have come from were
nursing homes. The elderly. Then it’s people with underlying conditions. Why can’t people be
given that information and then at that point you can make a decision. You know both from a
business standpoint and from a consumer standpoint so that’s my only point. I would just like to
hit that harder and as I say that one sentence that Councilwoman Tjornhom read out probably
does it. I mean I will support the letter. I do think it is a unique way for the City of Chanhassen
to begin to kind of stand up for our residents so thank you again for taking the time to look into
this and to write the letter. I will support it but thank you.
Mayor Ryan: Great, thank you councilman. And if you, and like I said you know we have a few
days before I’d like to have it sent to the Governor so if there’s something specific that you come
up with please do share with me but I will continue to kind of noodle over how we can get some
of the information piece into this letter. I do know that the Minnesota Department of Health does
have you know a map where you can look where the deaths and infections are, reported cases are
and I know that they update that regularly as well as on Carver County both in some of the
reports that the Chief passes along. They try to do that on a weekly basis so some of that
information is there but a lot of it is you know only going to elected officials so I think having
that public information is very important so that we can definitely encourage that. And I
reiterate your comments Councilman McDonald about you know we know businesses are going
to do it safely and some of the conversations that I had over the past couple weeks are you know
one was with a new gym owner that just bought a business and is looking to reopen but gyms are
closed and all they want to do is open and do it safely and they know that they have to do it
safely. They have to follow the guidelines set forth by the State of Minnesota and they plan to
do so but they just want that opportunity to have their members come and have a, and so he can
have a successful business and serve the community so anyways I appreciate everybody’s
support in this. Again I felt very strongly that it should represent what we all represent which is
our people and our businesses and so I very much appreciate your support on this letter and I will
send it to Todd and he can send it out to council as well and then we’ll let you know once we
send it onto the Governor so thank you.
PUBLIC HEARING: APPROVE VACATION OF PUBLIC DRAINAGE AND UTILITY
EASEMENTS AT 8005 CHEYENNE AVENUE.
Chanhassen City Council – May 26, 2020
18
Mayor Ryan: Okay next is our public hearing and it is a vacation of a public drainage and utility
easement. Mr. Howley.
Charlie Howley: Thank you Mayor, council. I’ve got a presentation here. As soon as they put it
up.
Mayor Ryan: We’re just waiting on a presentation here.
Charlie Howley: Alright there we go. So very similar to the public hearing we had at the last
council meeting. This is kind of the exact same thing. We’ve got a request to vacate existing
platted drainage and utility easements. This one happens to be at 8005 Cheyenne Avenue. This
is in the neighborhood right behind McDonalds just south of Lake Drive East on the east side of
Dakota highlighted in red. Chanhassen Estates was platted in 1966. It’s a platted lot. Lot 3
there with the orange lines on it and around the sides and rear of the lot were platted drainage
and utility easements. Sometime back in 2005 the lot lines were adjusted. Both the east and the
western lot line were adjusted and it looks like presumably to allow these additions on the back
side of the house on either end to maintain building setbacks so agreements would have been
made with Lot 2 and Lot 4 at that time to make those lot line adjustments. What didn’t happen
though is the easements that straddled the old orange colored lot lines were never adjusted and
they remain in place as of today. The genesis of this request as I understand it is the owner is
moving or somehow trying to close on a property and this is an issue with the Title company that
these easements are there so the request has been made to vacate them. Our recommendation is
to approve the requested easement vacation and the proposed motion is the City Council adopts a
resolution approving the vacation of the subject public drainage and utility easements at 8005
Cheyenne Avenue, Chanhassen subject to establishing a new public drainage and utility
easements along the same lot line, same property owners adjusted property lines.
Mayor Ryan: Alright.
Charlie Howley: So I can stand for questions and then we’ll have a public hearing.
Mayor Ryan: Great thank you Mr. Howley. We’ll go around and ask council if you have any
questions before I open public hearing. Councilman McDonald?
Councilman McDonald: No questions at this time.
Mayor Ryan: Councilwoman Tjornhom?
Councilwoman Tjornhom: No.
Mayor Ryan: Councilwoman Coleman?
Councilwoman Coleman: No questions.
Chanhassen City Council – May 26, 2020
19
Mayor Ryan: Councilman Campion?
Councilman Campion: No questions.
Mayor Ryan: I do not have any questions either so I hereby open the public hearing. Please step
forward and state your name and address for the record and if there are any phone calls for this
public hearing the phone lines are open. Any phone?
Charlie Howley: No calls.
Mayor Ryan: No calls, okay. I will close the public hearing and return it to council for any
questions or a motion. Councilman Campion.
Councilman Campion: Madam Mayor I will make a motion.
Mayor Ryan: Go ahead.
Councilman Campion: I move that the City Council adopts a resolution approving the vacation
of the subject public drainage and utility easements as 8005 Cheyenne Avenue in Chanhassen
subject to establishment of new public drainage and utility easements along the adjusted property
lines.
Mayor Ryan: Thank you councilman. We have a motion. Is there a second?
Councilman McDonald: Second.
Mayor Ryan: Thank you Councilman McDonald. We have a valid motion and a second.
Resolution #2020-37: Councilman Campion moved, Councilman McDonald seconded that
the City Council adopts a resolution approving the vacation of the subject public drainage
and utility easements as 8005 Cheyenne Avenue in Chanhassen subject to establishment of
new public drainage and utility easements along the adjusted property lines. 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 Mr. Howley.
Charlie Howley: Thank you.
APPROVE A REQUEST FOR THE SUBDIVISION OF 6.4 ACRES INTO TWO SINGLE
FAMILY LOTS AND ONE OUTLOT, PRELIMINARY AND FINAL PLAT,
DEVELOPMENT CONTRACT, AND CONSTRUCTION PLANS AND
SPECIFICATIONS FOR PROPERTY AT 1641 WEST 63RD STREET (NYE ADDITION).
Chanhassen City Council – May 26, 2020
20
Mayor Ryan: I’ll let you get set Ms. Aanenson. Wipe everything down.
Kate Aanenson: Thank you Mayor, members of the council. This item appeared before the
Planning Commission on May 5th and I’ll give a little bit more detail on that at the end of this
presentation. The application is for a subdivision on the Nye property. Planning Case 2020-06.
Just to update you we included a lot of things in your packet. A lot of information but we did
receive a phone call on Friday that was from Mrs. Barbara Solum and she is in support of the
application and that was via a phone call so I just wanted to make sure that was conveyed to you.
So the application is for 1641 West 63rd Street. As you can see shown in yellow here. Currently
it’s accessed via 63rd Street. Let’s see if I can make this a little brighter here. 63rd Street and
then off of Wood Duck Lane. So the applicant is proposing to subdivide 6.4 acres into two lots
so there’s an existing home on the property that sits in this area here and this would be the new
lot. Lot 2. So Lot 1 would continue to gain access off of 63rd Street and Lot 2 would gain access
via Wood Duck Lane. There is sewer available to the property which will go forward in a little
bit more information. That too has an existing structure that would have to come down. We
don’t allow accessory structures prior to a house being built. So as I mentioned access again
would come off of 63rd continue for the existing home so there’d just be one new home coming
off of Lot 2. The city code requires that the, that Lot 1’s existing connection and then there was
a lot of discussion of whether or not when this was subdivided to come off of 63rd Street or
coming off of Wood Duck Lane. Again looking at all the grading, walking the site with that
access could be gained off of Wood Duck Lane. The staff had recommended the Wood Duck
Lane for that southern lot. So accommodating the Wood Duck Lane there is a temporary cul-de-
sac. Again I’ll show that in a little more detail. We would take additional right-of-way. This
existing street Wood Duck Lane is 50 foot right-of-way. Our current standard is 60 so with this
we would maintain the existing development pattern. So we would take additional right-of-way.
They would dedicate that right-of-way. The road would not be constructed at this time but we
would have the dedication of that right-of-way to get to the 50 foot if that street was to go
forward in the future. Again the time to get that extraction would be with the subdivision. Again
it’s constrained by some private properties in the area. The other issue on that coming off of the,
using the existing cul-de-sac is it’s really, it’s over 1,900 feet long which exceeds our minimum
so putting a better cul-de-sac bulb on the end was also a desire. So if you look at the existing
brown is the current. So the fire department and emergency access, snow plowing and the like
would benefit from a wider turnaround at the end of that cul-de-sac so the applicant is proposing
to construct a temporary cul-de-sac at the end of Wood Duck and bring it into conformance with
city standards and ordinance. Again that’s improving the situation on the site. As I mentioned
the sewer and water are available on the southern and will be extended so Lot 1 currently has
sewer and water off of 63rd and they would remain that so this would be the only additional
service that would be added. Lot 2 would require that they be tapped in and watermains through
the Wood Duck on the south so this would also require the developer to extend the sanitary
sewer 150 feet to the property, to the terminus of the property on the south. The applicant also
delineated the wetland so that wetland would be dedicated to this Outlot A would be dedicated to
the City and there’s also wetland buffer which the proposed house would meet all the setbacks
Chanhassen City Council – May 26, 2020
21
based on the type of wetland. There is significant tree canopy. The only potential removal
would be again where the existing house is. That would be on this area here in purple proposed
for being removed. One of the other things we’re looking at with the subdivision is access to
parklands. There are two parks within the service area as required in the Comprehensive Plan so
no additional parkland would be required at this time. There’s also trails in the area. So I just
wanted to update you on May 5th the Planning Commission did hold a public hearing and the
commission took public comment. There’s neighbors that were at that meeting and Mr. Ashfeld
and Mr. Meyer both attended. Both adjoining property owners and gave their comments
regarding that. We did include a lot of the petitions in the packet. As you’re aware Mrs. Nye
tried to look at subdividing the property and there was a lot of concern from neighbors not only
on 63rd who felt they had a lot of traffic but also the extension of Wood Duck so she chose to go
forward with just a one lot subdivision and it does meet the city standards for the subdivision.
We know there was differing opinions and the Planning Commission asked a lot of questions.
One motion was floated to approve the subdivision with a requirement to allow for a private
street but the Planning Commission can’t bind the City Council to require that. It’d be a separate
variance which wasn’t noticed and that didn’t give comments for other people in the
neighborhood to go forward with. We were asked about the private street. A variance is allowed
or made for up to 4 homes on a private street but that would have to demonstrated that that’s the
best development pattern. Whether it’s preserving trees and the like. There was also a question
asked about a PUD. You need 5 acres to request a PUD rezoning which would give you some
flexibility so that would be a separate discussion at a later date by the applicant himself so what
we have before you is this application is for the one lot subdivision. So at this time that motion
failed. The first motion to request or require that there be a private street so the Planning
Commission did recommend unanimously to approve the preliminary plat with the conditions
that are in the staff report so with that we are recommending that the City Council approve the
preliminary and final plat to subdivide into two lots based on the plans before you. With that I’d
be happy to answer any questions that you may have.
Mayor Ryan: Alright thank you Ms. Aanenson. Councilman McDonald any questions?
Councilman McDonald: Not at this time, no.
Mayor Ryan: Councilwoman Tjornhom?
Councilwoman Tjornhom: Not at this time.
Mayor Ryan: Councilman Campion?
Councilman Campion: Not at this time.
Mayor Ryan: Councilwoman Coleman?
Councilwoman Coleman: Not at this time.
Chanhassen City Council – May 26, 2020
22
Mayor Ryan: I have one. Thank you for explaining. I know that we received obviously
petitions early on with the initial application or conversation. I don’t even know if an application
was formally submitted.
Kate Aanenson: Right, no.
Mayor Ryan: It was just conversation on what was going to happen to that property. So thank
you for including all that information. You mentioned about a temporary cul-de-sac. Is that
because the intent is then to build it all the way through or is that just?
Kate Aanenson: Well that would be decided on a future application. It gives the motion options
so we always try to do the best planning we can anticipating the future. Obviously there was a
lot of discussion when Wood Duck came in whether it should go through or not so if we look at
what we have in front of us here. If we can go back to this for a minute. So if the street was to
go through you’ve got a property owner here that would block that so someone would have to
acquire that portion of the property or buy that property owner out but the dedication we took on
the Nye property on the north would allow, so that would tie in so we took that initial right-of-
way there and then someone else would have to accommodate additional right-of-way there. So
with the temp cul-de-sac making it, the radius better on that for better turning movements that
solves the problem right now.
Mayor Ryan: Perfect.
Kate Aanenson: So but it also provides in the future by taking the additional right-of-way to
construct that street to a 50 foot width which would be the prevailing pattern in that area so that
would be a future decision.
Mayor Ryan: Okay and I think that’s my question and I know that it was discussed quite a bit at
the Planning Commission and you mentioned it again tonight. We have to handle each
application separately so all the plan, the future plans may be to go through. I know there’s
private property obviously along Yosemite Avenue you know and then internally but that would
be under a separate application so we can only consider what’s before us tonight.
Kate Aanenson: That’s correct Mayor so the owner of 6480 and then, which has a private drive
coming off of that currently, that was, that’s well short of 5 acres to do a PUD but could pursue
their own application. And then the other applicant at 1611 63rd Street also was interested.
They’ve got a potential wetland in the back so we don’t know what the potential of that
development is so but the best information we have that’s our recommendation and we feel
confident in that.
Mayor Ryan: Okay perfect, thank you. And you know I know there’s some folks here tonight.
We did hold a public hearing already so we won’t be taking public comment. However if the
Chanhassen City Council – May 26, 2020
23
applicant wants to come forward and say something. I’m looking at all of you not that I would
know with or without your masks but if you wanted to say a few things I welcome comment.
Woody Love: Madam Mayor...
Mayor Ryan: Could you just state your name and.
Woody Love: I was going to right after I addressed the Mayor and council and staff. My name
is Woody Love. I’m with Engel and Volkers Real Estate and I represent Ann Nye in this sale.
Ms. Nye has been a steward of the property for 35 years. Over the last year we’ve looked at
options to allow her to sell the property and move on with her life. We appreciate the time of the
staff and the Planning Commission and council has spent reviewing this so we respectfully stand
for questions.
Mayor Ryan: Thank you very much. Council I will stand if you have any questions of the
applicant, Ms. Aanenson or a motion.
Councilman McDonald: Can you put the motion back up?
Kate Aanenson: Yeah. Sorry.
Councilman McDonald: I’ll make a motion Madam Mayor.
Mayor Ryan: Thank you.
Councilman McDonald: I would propose that the Chanhassen City Council approves the
preliminary and final plat to subdivide 6.4 acres into two lots and one outlot as shown in plans
dated March the 27th, 2020 and construction plans and specifications and development contract
subject to the conditions of approval and adopts the Findings of Fact and Decision.
Mayor Ryan: Thank you Councilman McDonald. Do we have a second?
Councilwoman Tjornhom: Second.
Mayor Ryan: Thank you Councilwoman Tjornhom. We have a valid motion and second. I will
go for a roll call vote.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen
City Council approves the preliminary and final plat to subdivide 6.4 acres into two lots
and one outlot as shown in plans dated March the 27th, 2020 and construction plans and
specifications and development contract subject to the conditions of approval and adopts
the Findings of Fact and Decision:
Chanhassen City Council – May 26, 2020
24
SUBDIVISION
Engineering:
1. Private fencing extending into the public right-of-way or into the proposed subdivision
shall be removed. Continued coordination with all affected property owners shall be the
responsibility of the developer.
2. The developer shall abandon all existing wells in accordance with all federal, state and
local regulatory agencies’ standards, and obtain all necessary permits for said
abandonments prior to building permits being issued. Prior to commencement of
abandonment activities, a copy of all required permits from the appropriate regulatory
agencies shall be provided to the city.
3. The applicant shall dedicate public right-of-way adequate for a 50-foot wide corridor for
the possible future extension of Wood Duck Lane prior to recording of final plat.
4. Outlot A shall encompass the delineated wetland and also encompass the appropriate
buffer determined by the Riley Purgatory Bluff Creek Watershed prior to recording of
final plat.
5. The developer shall reconstruct the temporary cul-de-sac located at the end of Wood
Duck Lane in accordance with city Standard Specifications and Detail Plates, subject to
review and approval by the city. The extension shall be owned and maintained by the city
after acceptance of the public improvements by the City Council.
6. All retaining walls exceeding 4’ in height shall have plans and details prepared by a
registered engineer prior to issuance of a Notice to Proceed.
7. The developer shall extend the existing public sanitary sewer main within Wood Duck
Lane right-of-way. All extended sanitary sewer mains shall be public sanitary sewer
mains, owned and maintained by the city after acceptance of the public improvements by
the City Council.
8. The developer or their contractor shall schedule an inspection of the existing manhole in
which the extension is to be had from (MH 04-110) to ensure it is in good condition and
meets city standards. Any required repairs will be the responsibility of the developer.
9. The developer’s contractor shall schedule a preconstruction meeting with Engineering
and Public Works Utilities prior to the commencement of any work to the sanitary sewer
main extension.
10. All conditions, comments, and applicable permits required by the Riley Purgatory Bluff
Creek Watershed District shall be adhered to.
Construction Plan Review:
Chanhassen City Council – May 26, 2020
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1. On sheet 3 of 12: For clarity add a note referencing where erosion and sediment control
details can be found (currently sheet 9 of 12).
2. On sheet 6 of 12: For clarity, call out water and sanitary services to Lot 2 along with
separation requirements; update buffer strip widths according to RPBCWD rules and
regulations and the “Wetland Buffer Calculation” table, reflect changes throughout plan
set and final plat; relocate temporary barricade approximately 30 feet east in order to
accommodate snow storage; remove second temporary barricade located at
approximately station 3+00.
3. On sheet 7 of 12: Note 6 of the “Grading Notes” requires a rock construction entrance, in
accordance with city standards, however no construction entrance is illustrated on the
plans, update accordingly; Note 10 shall be updated to include 48-hour notification prior
to dewatering and approval of a dewatering plan by the city’s Water Resources
Coordinator; the “Hold Down Detail Single-Family Home” does not appear to be site
specific, update accordingly.
4. On sheet 8 of 12: Update plans to include double BMPs up-gradient of the wetland;
illustrate locations of all construction entrances for clarity; illustrate location of
“temporary parking and storage area”; update note referencing “install inlet protection on
downstream inlets” to include the intersections, or, show inset of catch basins to be
protected, for clarity; update SWPPP BMP quantities “topsoil respreads area/volume”;
under “Notes to Contractor” remove reference to “the city” for transfer of erosion control
responsibilities, this will remain the contractors responsibility throughout the life of the
project; update legend for the erosion control blanket to call out type (MnDOT Cat. 3).
5. On sheet 9 of 12: Update details to include tree protection as called out under “Erosion
Control General Notes 9.”; Note 10 and Note 1 of “Erosion Control General Notes” and
“Erosion Control Schedule”, respectively, shall include language to schedule initial
inspection with the city and provide the appropriate contact information; if the site will
include a portable restroom update the “Pollution Prevention Management Measures”
accordingly.
6. On sheet 10 of 12: Note 2 shall include language expressing the need for a
preconstruction meeting with the city prior to commencement of construction activities;
Note 6 shall be updated to allow for 48 hours’ notice; Note 9 shall be updated to reflect
PVC/PEX water services in accordance with detail 1006 as type “k” copper is no longer
allowed; as the temporary cul-de-sac detail has been modified ensure call-outs and notes
clearly indicate the areas requiring full depth street construction; it is highly
recommended that the slope of the sanitary sewer allows for better constructability as it is
currently proposed at the minimum slope, staff recommends 0.50%; begin stationing on
sheet or clearly indicate where station 0+00 is located; where the dead-end sanitary
manhole is installed, extend embankment further east to allow for proper maintenance as
plans currently illustrate a -28.00% slope immediately following casting.
Chanhassen City Council – May 26, 2020
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7. On sheet 12 of 12: Extend wetland buffer seed mix to edge of existing property line.
Parks:
1. Full park fees in lieu of parkland dedication and/or trail construction are collected. The park
fees shall be collected in full at the rate in force upon final plat submission and approval. At
today’s rate, these fees would total $5,800 (1 lot x $5,800 per lot) for the one new lot
without an existing home.
Environmental Resources Coordinator:
1. Tree preservation fencing must be installed at the edge of grading limits prior to any
construction activities.
Building Official:
1. Demolition permits must be obtained prior to demolishing any structures on the site.
2. A building permit/plans must be submitted and approved prior to construction.
3. 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.
4. Separate sewer and water services must be provided for each lot.
Planning:
1. An escrow of 110% of the estimated removal cost of the existing accessory structure on
Lot 2 shall be posted with the city prior to recording of the final plat. The accessory
structure must be removed within four months of the approval of the final plat.
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 for being here tonight.
Woody Love: Thank you Mayor, council and staff, thank you.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
Mayor Ryan: Mr. Gerhardt.
Chanhassen City Council – May 26, 2020
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Todd Gerhardt: Mayor, council I have one update for you. This past week we promoted Jerry
Ruegemer to the Park and Rec Director’s position upon Todd Hoffman’s retirement at the end of
July and he accepted so we’re very excited about Jerry’s promotion and continuing to work with
the City so we’ll keep that institutional knowledge here with the city and I think it’s well
deserved.
Mayor Ryan: Absolutely, thank you Mr. Gerhardt and please pass along our congratulations and
we’re happy that he’s been promoted to that position and I know he will do it justice so sad to
see Mr. Hoffman go but there’s Jerry, Mr. Ruegemer is fantastic so. We all know him as Jerry.
Kate Aanenson: Mayor if I could I just want to add one other thing. If you just happened to see
the Metropolitan Council projections for population.
Mayor Ryan: Yes.
Kate Aanenson: I just want to let you know that we track all that too and actually that’s kind of
one of Bob’s principal things so we were you know within 25 to 50 people there so we felt pretty
good so we’re pretty confident when we do our projections internally so we usually use the Met
Council model and then our own model when we’re tracking so pretty proud of that.
Mayor Ryan: That’s great. Thank Bob and congratulate Bob as well. That’s fantastic.
CORRESPONDENCE DISCUSSION.
Mayor Ryan: Go ahead Councilwoman Tjornhom.
Councilwoman Tjornhom: And the much of this I already closed my thing but could we address
the opening of the Farmers Market in town? I read about it. I think it is opening June 9th or does
anybody have any updates on that? Except for what I read. Maybe I’m giving the update I don’t
know so I think it closed it out but there was a mention of that and I was curious because I go to
the Farmers Market every Saturday. I think it’s wonderful and so I was enthused to see it was
opening and that we were having it again so yeah, if there’s any updates on that and I think there
was in the correspondence package or somewhere but you want me to find it?
Todd Gerhardt: Sure.
Councilwoman Tjornhom: Thanks Todd. You know more than I do.
Mayor Ryan: June 6th at 9:00 a.m.
Councilwoman Tjornhom: June 6th okay. I was just looking at that sorry. I couldn’t find but I
just think.
Chanhassen City Council – May 26, 2020
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Todd Gerhardt: Yep June 6th at 9:00 a.m. at City Center Park and they will be following all the
CDC guidelines so social distancing will be required and operated in a safe manner so we’re
excited that we are going to have a farmers market. That falls in with the rest of our restaurants
that have to operate in their patios outside their facility and with a maximum of 50 people at each
restaurant so the same thing here with the farmers market and so we’re excited too and look
forward to getting some of those fresh produce and goodies that they sell, especially those
oatmeal chocolate chip cookies.
Councilwoman Tjornhom: Or the bunches of flowers.
Todd Gerhardt: Yeah.
Councilwoman Tjornhom: Best deal in town.
Todd Gerhardt: So thank you for bringing that up though.
Councilwoman Tjornhom: Yeah.
Mayor Ryan: Yeah thank you for calling attention to that. That’s great. With no further
comment on the correspondence discussion I would entertain a motion to adjourn.
Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the
meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The
City Council meeting was adjourned at 8:25 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim