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CC VER 2020 09 14CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2020 Mayor Ryan called the work session to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman McDonald, and Councilman Campion COUNCIL MEMBERS ABSENT: Councilwoman Coleman STAFF PRESENT: Heather Johnston, Greg Sticha, Charlie Howley, Jerry Ruegemer, Kate Aanenson, Jake Foster, MacKenzie Walters, and City Attorney Roger Knutson PUBLIC PRESENT: Craig Allen 10850 Old County Road 15, Plymouth Karla Sundem 1845 Topaz Drive Mark Gempler 1877 Topaz Drive Semih Ayhan Med Box Grill Tuncay Ozdenak Med Box Grill Mayor Ryan: Again good evening everyone and welcome to our council meeting. To those of you that are watching at home or in the senior center or livestreaming from the Chanhassen website, thank you for joining us tonight. For the record we have 4 of our council members present. Councilwoman Julia Coleman is absent tonight. 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 Ryan: First up we have public announcements and there are two. There’s one on the agenda but I will. We received a public comment so I’d like to read, oh shoot she just left. Heather would you mind grabbing Kate. Heather Johnston: Why don’t we start with the Red Birds. Mayor Ryan: Okay we’ll switch gears here and we’ll go to the public announcement about the Chanhassen Red Birds. On Sunday, September 6th the Chanhassen Red Birds baseball team won their third consecutive Class B State Amateur title with a 4-3 win over Moorhead. The Red Birds finished the 2020 season with a 24 and 1 record on their way to this 3 peat. It’s incredible. The Red Birds third consecutive state title is the first time a team has won the 3 state titles in a row since 1946 and I believe that Mr. Ruegemer wants to come up and say the very last line. So Chanhassen City Council – September 14, 2020 2 congratulations to the Chanhassen Red Birds on a fantastic season or as Mr. Ruegemer says a Chantastic season. So congratulations Red Birds. Councilman McDonald did you want to share a few words as well? Councilman McDonald: Well yeah, I just want to add in my congratulations. I think this is a really truly great feat. I think it’s something that all the residents of the city should be very, very proud of. I’ve watched the Red Birds from their very inception. This team that we had this year is kind of a growth from the team from well 2 years ago that started it all off. They’ve got a good core of individuals there so I’m very proud of what the team has accomplished and I just, I want to see them do a 4 peat so you’ve got your I think goal set for next year so thanks a lot for a wonderful season. I’m just sorry it couldn’t have been the full you know 2 ½ months that it normally is so. Mayor Ryan: Yeah, thank you for the words and I know we like to celebrate at our meetings and so in the future obviously with the pandemic things are a little bit different but we’re going to do what we can to at least get a few members of the team and coaches and board in here so we can congratulate them and acknowledge this incredible 3 peat and win so congratulations to all of them and very proud to have the Red Birds part of Chanhassen community so congratulations. Back to the public comment received from Susan Borchardt. B-o-r-c-h-a-r-d-t. She sent on this past Friday she asked for an update on the memory care development on 78th and so Ms. Aanenson if you wouldn’t mind responding I’d appreciate it. Kate Aanenson: As of right now we’ve been trying to contact Elizabeth Wright and so I know she’s got a similar facility in Lakeville so we did send a follow up email today so as soon as we get that information we’ll share it. Mayor Ryan: Perfect thank you. And so Mr. Borchardt if you are watching we, Ms. Aanenson or somebody from city staff will follow up with you directly once we have more information but thank you for submitting your comment. Or your question. CONSENT AGENDA: Councilman McDonald moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the Interim City Manager’s recommendations: 1. Approve City Council Minutes dated August 24, 2020 2. Receive Planning Commission Minutes dated August 18, 2020 3. Receive Park and Recreation Commission Minutes dated January 28, 2020; February 26, 2020; and July 28, 2020 4. Receive Economic Development Commission Minutes dated January 14, 2020; March 10, 2020; May 12, 2020; June 9, 2020; July 14, 2020; and August 17, 2020 Chanhassen City Council – September 14, 2020 3 5. Receive Environmental Commission Minutes dated December 12, 2019; January 8, 2020; February 12, 2020; March 11, 2020; May 13, 2020; and June 10, 2020 6. Receive Senior Commission Minutes dated January 7, 2020; June 19, 2020; and July 17, 2020 7. Approve Updated Park and Recreation Commission Bylaws 8. Approval of Temporary On-Sale Liquor License, St. Hubert Catholic Community 9. Resolution #2020-51: Accept a Donation from T-Mobile for the Chanhassen Senior Center Drive-in Ice Cream Social and Concert 10. Resolution #2020-52: Accept a Donation from T-Mobile for the August 13 Back-to- School Kids Concert 11. Resolution #2020-53: Accept 2020 Community Events Sponsorship Donations from Area Businesses All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. ANDREW MEYERS, REPUBLICAN CANDIDATE FOR MN HOUSE DISTRICT 33B. Mayor Ryan: Tonight we have one scheduled visitor presentation. Andrew Meyers is here. I welcome you to the podium. Andrew Meyers: Thank you. Mayor, council members, thank you for having me tonight. I really appreciate it. My name’s Andrew Meyers. I am running for Minnesota House for our District. Part of my district is 4 precincts in Chanhassen so that’s why I wanted to come here and speak tonight. A little bit of my background. I was living in Minnetonka Beach. Was a council member for 4 years there. While I was living there prior I was also on the Planning Commission. I chaired the Planning Commission for 3 years. We recently moved because we had our fourth child and we needed a bigger place so now we are in Tonka Bay. You know I am running my campaign a lot on listening to the communities. I’m doing a lot of door knocking. I do a door knocking session every Saturday morning for Chanhassen so we spend a lot of time here hitting all the precincts. You know as a licensed attorney I run my own solo practice and I represent a lot of small businesses and a lot of those business have been devastated with the shut down so I’m running to rebuild the economy. I’m running to ensure that our taxes don’t sky rocket. We need somebody in there like you guys do every day looking at budgets to make sure that the money is being used wisely and to ensure that public safety is number one. You know I’m going to leave some information here but I at least wanted to stop by and give some information for Chanhassen City Council – September 14, 2020 4 you guys. Introduce myself. My email’s on this. Website’s on it. I hope you guys will email me. I think I’ve seen a couple of you because I think I’ve door knocked your house so I’ll be out again this Saturday but again for me it’s about listening to you guys. That’s the biggest thing that I can do. I’ve done about 4,000 doors. My goal personally is 10,000 doors because I want to be able to listen to the district and be able to go to St. Paul and actually stand up and fight for the families and the businesses in my district. Mayor Ryan: Thank you. And if you just, so for people that are watching on TV or listening if you want to just share your email address and if you have a website, I’m not sure but then they can… Andrew Meyers: Yeah, so my email is VoteAndrewMeyers.com. My last name is M-e-y-e-r-s and then my email is just Andrew@VoteAndrewMeyers.com. We have a Facebook page. We’re holding a couple meet and greets. One coming up at Excelsior Brewery on the 21st so if people want to come and ask me questions. Meet me. If I haven’t met you at the door or somewhere else then hopefully I’ll see you guys there. Mayor Ryan: Great, thank you. Thank you for coming tonight. Good luck. Thank you. THE BLUFFS AT LAKE LUCY FINAL PLAT APPROVAL (THE PARK 4TH ADDITION). Mayor Ryan: Alright next on our agenda tonight is old business and it is call the Bluffs at Lake Lucy. The final plat approval. Ms. Aanenson this is you. Kate Aanenson: Thank you Mayor, members of the City Council. The request for the subdivision is a final plat which includes 31 lots, 2 outlots. It also includes the development contract and approval of construction plans and specifications. So just kind of going, can I get the? I’m just trying to get the feed on the, thank you. So I just want to review with you the phasing plan for this project. So the 1st Addition was approved after the preliminary plat and then the 2nd Addition is underway and this is technically called the 4th Addition and I just want to remind you that the 4th Addition was held under contract with Lennar and that contract terminated in May. The option to buy that property because it was 20 acres it was able to be split off from the rest of it. The rest of the project but it’s included in the PUD so they’re bound by all the standards of the PUD which includes the additional park property, the trails, the types of homes and the like that will be so it’s again when we rezoned this property it included all 191 acres so it is bound by the standards of the PUD. So again this is what the project looks like itself. So this, when the preliminary plat came through there was the not the continuation of the street so there was cul-de-sacs on Ashling Meadows. The streets don’t go through into Topaz. Lake Lucy Ridge will be a cul-de-sac and then this street will be the asphalt will be taken out and seeded. So the street, the cul-de-sac here and then the cul-de-sac here will come through and then there’ll be a cul-de-sac on this end. So the trail connections will be part, this trail connection. The sidewalk along Della Drive and then this trail will be built by the developer. Chanhassen City Council – September 14, 2020 5 The remaining portions of that will be part of the larger trail project as part of the park. I’ll show you on the plat in a little bit more detail the outlots here that would be dedicated as part of the park space. So I wanted to just start with kind of the preservation. So one of the issues that came up in the preliminary plat. So this project has to meet the conditions of the preliminary plat so the conditions that were put on the preliminary plat were a couple preservation areas and I’ll go into a little bit more detail and again additional buffer along the Ashling Meadows property. So there was also a tree preservation easement included on the, to the south of Lake Lucy Ridge and Ashling Meadows 2nd Addition so that’s this area here. In addition there was a tree preservation area. The first coming off of Della Drive and I just want to point out that the tree preservation in the yellow area, so these two in the yellow area, the preservation on Lots 1 and 2 which is down here, include high quality native woods as well as a restoration, reforestation plan done under the grid slope so there’ll be additional reforestation there. The preservation area up here which includes a portion of 3 lots, again these lots, the preservation areas are in a portion of existing lots for, so for these homes, there will be homes here so their lots are larger but the preservation’s on the backs of their lots. So the preservation on Lots 1, 4, and 5 cover existing vegetation but also serve as a buffer. But the wooded areas outside of this area here are also, whether or not preservation areas will also be some undeveloped wooded area. So the Interim City Manager and myself met with some of the neighbors to discuss the potential of additional buffering. Where we can move things around. Craig Allen representing Gonyea Homes who is developing this property also was included in that meeting to discuss the preservation and potential changes to that. Subsequent to that meeting we asked the developer to take a look at what they could do, specifically in this area. Maybe if I go back one slide where we’ve got the tree area here. This home and the proximity so this side yard subdivisions all have to have the 90 feet of frontage. Have the 7 ½ foot. Ashling Meadows is at 10 foot. Ashling Meadows up here is a 10 foot side yard so looking at what could be done there. So in following up from that meeting again the developer looking at what they could do, the City Forester and the Interim City Manager walked the property with some of the residents to kind of look at that so we’ll go through a couple of slides here. So this is showing the approximate location of the garage from the 7 ½ foot from the property line. And then again showing the property line then the garage wall. The 7 ½ foot so I’m looking at kind of the quality of the trees and I think some of the comments that the Forester communicated at that meeting was while they’re putting some spruce trees along the border they might not line up in a perfect line. They kind of got to decide or look at those placement in conjunction which is already the canopy that’s already there. Making sure it will be the most successful to kind of, so it wouldn’t be just in a complete row. They might be offset a little bit along that line to make the best buffer. So again looking at the proximity here. The 7 ½ foot, so this is kind of showing the rear stakes. Some of the trees that are there so I believe Mr. Allen is here tonight. I’m not sure if he’s stuck in the other room. To see if he could comment on that. Mayor Ryan: Mr. Allen if you’re in the other room if you’d like to come into the chambers please. Chanhassen City Council – September 14, 2020 6 Kate Aanenson: So I’ll go through a little bit more detail on the next two lots and then he can come in. There he is. So again just kind of pointing out these trees illustratively. Again this was done by Lennar finishing up the final plat so while they are specifically kind of in a narrow row here, again the Forester’s position is that when those get planted that those would kind of be spot checked to make sure that they’re, based on what other canopies are in the area, how that works out. Again some of the trees will be removed with this house so the question is, you know this proximity to the 7 ½ feet and again kind of looking at the field location of these trees. So the Topaz homes with the proposed grading plans at Lake Lucy, the final locations again should be sourced. Additional planning sites under the shaded area should be re-examined. Again that’s the Forester’s comments so with that again we ask Mr. Allen to look at whether or not additional buffer could be put because of the 7 ½ foot setback which would be this garage area. So part of the challenge with the cul-de-sac is kind of pushing that garage over so I’ll let Mr. Allen speak to what they looked at and what they felt like they could do to accommodate the additional setback. Craig Allen: Thank you Mayor, members of City Council. Craig Allen with Gonyea Company. I think the question is about the setback. Kate Aanenson: Correct. Craig Allen: We had our engineer look at it and it’s really difficult on the north side of the cul- de-sac. There’s not a lot of room there. There’s that conservation easement in place, or going to be placed over those lots so there’s not a lot of wiggle room for those lots in particular. On the south side had him really look at, I mean we would, we prefer a buffer there as well but there’s, with this plat there’s a 15,000 square foot lots and the 90 foot wide lots. I mean there’s not again there’s not a whole lot of room. I will say I can for sure get a 10 foot setback on those, to the lot on the south which would match their setback. I will try to. Mayor Ryan: We have to wait for comments please. Craig Allen: That’s what I was told Ashling Meadows setbacks were so I know we can do that and we’ll try to get more. I mean we, we’re still waiting. We just got engineering comments this week so my engineer he was waiting for those to go back and start making changes and really seeing what he can get but I know we can do 10. We’ll try to do more and for sure we’ll try to save as many trees as we can but these are custom, large you know 90 foot wide pads so the home, you know I can’t guarantee you when the home starts to get built that you know when they’re digging the basement and the roots get damaged that they’ll stay. I would think when they look at the lot they would probably try to work around as much as possible because I think they’ll want the buffer just as much but I can for sure say 10 feet and we’ll try to do more. Mayor Ryan: Okay. Thank you. Kate Aanenson: So with that I was just going to kind of through the plat. So this is the north side. There’s a larger conservation area here. You can see this area here. Chanhassen City Council – September 14, 2020 7 Mayor Ryan: One second we have to get, there we go. Kate Aanenson: Yeah oh sorry. So yeah so the larger conservation area is up in this area here. Actually goes into this lot here so I think this is where we’re saying this north area, the difference here too is that on the south side it’s side yard to side yard and in this area you’ve got a rear yard so the distance is significantly greater as far as a buffer. And just to be clear the Ashling Meadows minimum setback is 10 feet so I don’t know what the house is placed at. It looks like it’s at minimum 10 feet but that’s the setback and that’s the number I gave Mr. Allen and what would be under this PUD allows the 7 ½ foot so what I heard you say is you’d try to make the 10 foot and maybe more. Craig Allen: Yes. Kate Aanenson: Okay. Craig Allen: On the south lot. Kate Aanenson: On the south lot yeah. Thank you for clarifying that. So I just wanted to review with this PUD because this is the last part of The Park piece so Outlot A would be dedicated to the City as part of the park so Outlot C would be that northern plat that has the lots. Inset A is actually the Della Drive and Inset C is actually the stormwater pond and wetland so you can see Topaz, Lake Lucy Ridge, the two cul-de-sacs. Mayor Ryan: Can you show us where that, I’m having a hard time reading this map here. Kate Aanenson: Sure. This is the lot in question. The one on the south side. Mayor Ryan: Yep. Kate Aanenson: So that’s the lot. Mayor Ryan: No I’m just talking about the Outlot B and A, where are those? Kate Aanenson: I’m sorry. So this is Outlot A. So this is the bottom part so Della Drive would be coming in through here. Mayor Ryan: Okay. Kate Aanenson: So this is that area. So this would be part of the park property. And there’s also a stormwater pond in there and there’s trails that would connect at the end of the Della Drive tying up into the cul-de-sac here. Lake Lucy Ridge. And then there’ll be the public trail that would be built along the lake here. And then C, if I can show that. So this area, Inset C would Chanhassen City Council – September 14, 2020 8 then be and Outlot B is the stormwater pond and there’s a wetland replacement in that lot too. So this is again a part of the Outlot A so that, with this project it gives the completion of the park dedication and then also what they need for stormwater capacity and also the trail connections for the overall master plan of the park. So with that you know we went through a development contract and the plans and specs. Engineering has and staff reviewed it to make sure it met all the original conditions of the preliminary plat. If you recall when the preliminary plat was at the meeting in March there was a lot of negotiation so we came back and had them resubmit all of the changes to the final plat that were met at that meeting. You know dropping the 16 lots. The cul-de-sacs. All those were incorporated with the additional buffering so those were approved and so as we moved through the first and second phase, those are all the plans that you’ve approved. So this side really, except for the landscaping, one of the main things in the cul-de-sac remain consistent to that so with that we are recommending approval of the development contract and construction plans and making sure that we can get a 10 foot side yard buffer. Mayor Ryan: Alright thank you Ms. Aanenson. So let me take this off here. For tonight the kind of plan that we’re going to move forward with. Obviously council if you have any questions for either Ms. Aanenson or Mr. Allen we can ask those now. I know that there are residents here that want to make a few comments before council which we will allow tonight. I would just like to remind the folks that are here as well that are in the senior center that want to make comments, you know we have read the comments from the Planning Commission. The different emails. Those are all included in our packet so when you come forward to make sure you have an understanding that we’re familiar with you know the situation so if you could keep your comments not brief because I want you to be able to express yourself but I do want you to know that we did hear. We did have an opportunity to read them but I definitely welcome you forward so before I open it up to residents to come forward, council do you have any questions for either Ms. Aanenson or Mr. Allen? Councilman McDonald: No. Mayor Ryan: Mr. Campion anything? Councilman Campion: Not at this time. Mayor Ryan: Okay so Mr. Allen if you want to stand by in case some questions are directed at you. Thank you. Thank you very much. I appreciate it. So if you’d like to come forward. Any residents in the senior center may come into the chambers. Anyone in chambers may step to the podium. I just ask that you state your name and address for the record. Carla Sundem: I’m Carla Sundem, 1845 Topaz Drive. The lot in question which is the one with the 7 ½ foot setback and I know we’ve met with Craig and with a several people here and we’re just asking for more of a setback. The other side of our house has a 35 foot difference between the two homes and then this one would only be like 20 feet. It’s going to be very, I mean I think it will just look odd from the street view as well but you know we want to be able to maintain Chanhassen City Council – September 14, 2020 9 our trees. We want to be able to preserve our trees. We did watch the tree line with Jill from the City and we did notice that many of those trees are on our property but we work with Craig, anything that you can do to give us a little bit more of a setback so it looks like more of the rest of the neighborhood and even the same as like the Lennar neighborhood. Those homes all have more than 20 feet inbetween them as well and I believe that upper lots as well have more of a setback as well but we’re just looking more of a setback between the two homes because they’re two different neighborhoods but also just to keep the appearance of what our neighborhood looks like and what our home looks like on the other side of our lot. So as of right now it’s 7 ½ feet and 14 so it’s only like 21 feet versus 35 feet so anything you can do Craig we’d certainly appreciate if we’ve looked at some different options that we tried to point out to Craig and I know he’s gone back to his team and we’re just anxious to see what you guys can do. Mayor Ryan: Okay thank you. And if you haven’t signed in after you speak if you wouldn’t mind just signing onto that sheet of paper as well. Where are we at with capacity? Okay, please come forward. State your name and address for the record. Mark Gempler: Hello, Mark Gempler, 1877 Topaz Drive. Hello. Ms. Mayor. Mayor Ryan: Hello. Mark Gempler: Is it Ms. Mayor? Mayor Ryan: Yeah. Mark Gempler: She’s a good soccer player by the way. Sorry I guess. I’m just curious about the, I’m on that corner if you can maybe pull that. It’s where that cul-de-sac is being removed to the, right to the left there. Yeah that’s our house right there. How big is that kind of drawn in wooded area behind? Kate Aanenson: Area? Mark Gempler: Yeah. It’s just hard for me to tell from these maps. Kate Aanenson: I’d be guessing so. This area here. I’m guessing 30-40 feet and then it’s coming down here so that’s all being preserved and this whole area here is being preserved here. Mark Gempler: And one of, I guess my general comment was when they were taking trees down on the south side it seemed like it was more than what we had thought. I mean it was a certain percentage that overall they needed to keep and our hope selfishly was that by the time they got up to us they’d be like oh crap, we can’t take any more trees. Is there any changes in that? Are the percentages look that everything’s on track? Chanhassen City Council – September 14, 2020 10 Kate Aanenson: Yeah they’re on track for preservation so. Again the policy is how we did this is before they can begin construction we go out and put the City Forester walks all the site. They have to put tree fencing up so they stay on their property. That’s all inspected and before they can even, I mean it’s part of the construction immediately before they begin and then we actually field check it all so. Mark Gempler: Okay perfect. Mayor Ryan: And so the question is that in keep track of the percentage of trees is there a process that we keep track on? Kate Aanenson: Yep. Yeah so that’s part of when we approved the project and stayed with the original. So this was part of the original approved preliminary plat so they’re consistent with that so each project has to do. That’s where they measure up to make sure that it’s consistent with what was approved. So each phase has different conditions for preservation. So these are unique for this phase. Mark Gempler: Okay so any savings we would have got on the south side don’t translate to the north? Kate Aanenson: No, because each area is identified differently, correct. Mark Gempler: Got it. Perfect. Thank you. Mayor Ryan: Alright thank you Mr. Gempler. Mark Gempler: Appreciate it. Mayor Ryan: Anybody else that would like to come forward to make any comments? Anyone else in the senior center? Is there anyone else in the senior center from your neighborhood? If you can tell with masks on. Okay. I’ll return it to, thank you for the comments. I’ll return it to the council if you have any other, any questions or comments. Mr. McDonald? Councilman McDonald: No. Mayor Ryan: I have a couple. I don’t know, there’s Mr. Allen. You sat down. So I too walked this property with Ms. Sinclair and Ms. Johnston the other day to get a sense and while the pictures kind of show what it looks like, you know I think the house in particular. If you wouldn’t mind pulling it back up and I’m just referring to my little map here. It’s lot number 155 but that lot on the south side of, I’ll get to the north in a minute but if we can go to the south. No. I’ll work my way north. On the south side when you look at those circles where the trees going to go in and some of the pictures that we saw looked like some straggly trees there. They’re actually really large, mature, I think they were box elders but large trees and the Chanhassen City Council – September 14, 2020 11 challenge that I think that this resident is facing from my understanding, and I appreciate your willingness to start at 10 feet. I’m hoping we can go a little bit further is that when Ashling Meadows was built and I believe from my understanding it was Lundgren, that house was allowed to be built almost up to the property line so you can see how close it is so as far over as you can go onto the property there’s a line of trees and so the challenge while the trees will quote, unquote not be touched because it’s on their property and obviously the developer can’t come in and cut them down. What they can is because of this canopy, if you can imagine the trees shoot and they go over onto this development, well as I learned when the State of Minnesota if they hang over onto your property line that property owner can go up and trim up the trees. Anything that’s hanging over onto the property. So now because of this setback only being 7 ½ feet from the property line a large number of those trees that would be a great border and is you know a nice setting and a great border are now going to be trimmed up and trimmed back likely to the detriment of the tree. When you start digging 7 ½ feet you’re likely to hit the roots of the tree which will then kill the tree and it’s very close when you’re standing on that, you know we all have learned what 6 feet of social distancing is so we know what 7 ½ feet is like and that is really close to be building a garage next to a house. And so when I look at the plat generally speaking and I’m just going based on the housing numbers that I have from the print out that we approved months ago is, as I look at the configuration and I don’t, do you have any way to put this up there? Kate Aanenson: Yes. Mayor Ryan: With house numbers. Kate Aanenson: This is the house you’re looking at right here? Mayor Ryan: Right. So if you go 2 over to the right you have a large lot. Is there not a way to then shift. And I’m not an engineer so I’m not pretending to understand all the cause and effect of shifting, you know shifting lots over but that’s obviously a really large lot and it, it would allow for more spacing and potentially the maximum spacing between the current house and the 155 and I understand that you will try but I’ve also been on this where they try and then they say it just can’t be done and so I just need something more concrete than that and I’m hoping that we can get further away from the house because once you start digging and then try to plant this buffer which I know was part of what we as council asked for in the preliminary plat is those trees which is great to have but there’s no way that you’re going to have this row of trees. Then plant pine trees and then a garage all within a 7 ½ foot buffer. I mean I just don’t see how that’s even possible. So I don’t know if you can speak to that Mr. Allen. Craig Allen: I’m not going to lie it would be tough. I mean that was what was approved and that’s what we’re purchasing is what was approved so we’ll try to make it work in there. That’s where we stole the 2 ½ feet from, that lot you were talking about. That corner lot. He took I think 3 feet out of that yard but those lots aren’t perfectly straight so that goes over 3 feet but in those diagonal lots, and then you have to have a 90 foot wide lot and then the pad along side of Chanhassen City Council – September 14, 2020 12 that the building pad’s 75 feet with a 7 ½-7 ½ so as the lot pies and we had to come off the road farther because that cul-de-sac you know if the road was going straight through we could get more room but since that cul-de-sac we had to pull the house farther back so the setback off the bubble. The house is sitting farther back because of the bubble and then the lot’s diagonal so that’s why you know they’re not perfect lines so it’s, we took 3 feet from that lot and that’s equating to roughly 2 ½ feet. I think we can get more but I can’t, I can’t guarantee until my engineer really gets digging in with the final plans but I know for sure he said we could get 2 ½ feet. Mayor Ryan: 2 ½? Craig Allen: 2 ½ so 7 ½ to 10. Mayor Ryan: Right. Craig Allen: But he took 3 out of that back yard and I don’t think he can take more out of that back yard because the setbacks. You know there’s a 20-25 foot rear yard setback and then the lots have to be 15,000 square feet and you have to have room for a 90, you know you have to have a 90 foot wide lot so I’m not an engineer either but that’s my take from it is, taking 3 feet off of that corner lot’s about all he can do and then that equates to at least 2 ½ feet and we’ll try to get more. The lot beside it was a little wider than 90 so I think we might even be still in, I think that lot’s going from a 92 foot lot to a 90 and then so that’s 5 ½ feet but still with the, the way the lot, you know isn’t perfectly straight. You can still only get at least you know 2 ½ feet I know but we’ll try to get more. If that makes sense. That’s how it was explained to me and I mean if we were looking at it I could probably try to explain it a little better. Mayor Ryan: Right and I understand that. We know we agreed to this number of lots. You know I’m just wondering why you know when we’re going through this process as a final plat that we can’t work to, I mean while we maintain the number of lots because I understand that’s what we agreed to. That’s part of the purchasing agreement so dollars and cents but when we look at all those lots and the shifting of the trail and the size of the lots and I understand from the corner lots, wanting big lots for the view, etcetera, etcetera I still am concerned and I’m sure you were made well aware of my concern about this project and the impact that it has to existing residents because while we do a lot of developments across the city, this is truly an infill development and you’re going right in dead smack into an existing neighborhood. That’s going to impact residents and so I’m concerned about that. I continue to be very concerned about, like you just said you don’t know how you’re going to be able to maintain that tree loss without losing those trees. Planting those pine trees and building a garage. I mean I just, I don’t see how that is even possible. Unless you’re planting 3 foot trees. Craig Allen: Well I think the question is, how much of the existing trees on our side do we want to save or can we save or are worth saving and how much room does that leave for the trees that are in the landscape plan. The trees that are shown on the landscape plan assuming that all those Chanhassen City Council – September 14, 2020 13 trees were coming out. We’re willing to try to save as many of those as we can but I don’t know if we can save a lot of those and plant the. Mayor Ryan: Right and on the other side of those trees that you’re planning on cutting down the significant trees aren’t even on Lennar’s property or Gonyea’s property. Those are on the resident’s property so. Craig Allen: Right yeah we’re obviously. Mayor Ryan: You’re not going to obviously touch those trees but when you’re planting then you’re going to dig and plant you know spruce trees, you’re going to be digging up the roots to those trees. Again I’m just asking from a City perspective from both planning and engineering when you look at this development is there anyway that we can shift any of this and make the recommendation to shift any of these lots further to the east. Mr. Knutson you say no? Roger Knutson: Mayor, members of the council. You approved the preliminary plat. Yet you’re required to approve the final plat. If the final plat incorporates all the requirements you put in on the preliminary plat and it complies with our ordinances, if those are the case then you need to approve the final plat. Kate Aanenson: If I may Mayor I think what Jill’s comments were based on the walk, when you walked is that I think these two lots on the north and south side need specific when they come in for a building permit, I heard Mr. Allen say he’s going to get the 10 feet minimum. That we would look at those specifically to say what should be saved. What should be replaced as I reiterated in Jill’s comments, our City Forester’s comments that we want to look at where those trees would be most effective. Whether it’s existing trees. The placement of those. Like I said they probably wouldn’t line up like soldiers. It might be better to stagger those in places because what she’s saying if they’re overstory they won’t do well so we really want to be targeted and specific so I think if it’s agreeable with Mr. Allen but that would be two lots that we would take extra care in how they come in for the plans and the tree removal and field check those more specifically. Obviously we’ll have the tree preservation up there but spend more time walking those sites. We’d be willing to work with the neighbors on both of those and kind of walk those sites and kind of review the trees if Mr. Allen’s amendable on that and take more care on what we’re removing. What we’re replacing so it’s the best that we can do. So like I say it may not be lined up depending on what that canopy cover is and where it’s the best protection for the existing homes. The best opportunity for growth and the best for the buffer and I think we would certainly be agreeable. Craig Allen: And that’s what I meant by it’s going to be difficult. I didn’t mean, we want a buffer as much as they do. It’s just if we could line every lot with you know nice mature, nice trees and everybody wants that right when you’re buying a lot so we would do as much as we can to get as much of a buffer as we can. We do have to market the lot as a 90 foot lot. You know that’s what we’re buying from the seller and that’s what platted and that’s what we’re Chanhassen City Council – September 14, 2020 14 going to be selling to a home builder so, but I also think the builder’s too want a buffer and they want to have a pretty lot and a nice home eventually so I think if we all work together we can do as good a job as we can. Mayor Ryan: Okay. And then my comments stand true then when you head north. I mean I started on the south just because those were, you know that’s the closest. I mean that is a garage right 7 ½ feet from your property which is pretty severe when you’re standing there. You know and then when you work north I mean there’s a big clump of trees on the south side of the north part then there’s some newly planted evergreens there that the resident planted and I know some are on your property so I mean she, or they acknowledged that as well but there is just, there’s a big clump of trees. Ms. Sinclair did the City Forester did walk through that with the residents and I think the biggest concern is what stays. What goes. That decision making. Things getting trimmed up in the back. They understand it’s going to be a significant change from where they’re at today and that it’s going to be cut down and it’s going to look differently. I just you know it was a wake up call of what happened on the north side of the property when things just were gone and so, or the south side of the overall plat and so again I just want to express and share my concerns about the tree loss and the impact to the neighbors and the residents so. Kate Aanenson: Yeah again we on the planning staff and the City Forester would be happy when those permits come in to work with the adjoining residents to field check all those and then I think it’s going to be better for all parties that we’re all on the same page so we would be happy to do that when those permits come in. Mayor Ryan: Right, and I appreciate that and then I, in working with the neighbors I think is really important and I think that was a missed opportunity again on the south side of the overall project because then Lennar had to come back in and plant extra trees because of, you know not that they did anything wrong and I want to clarify that. They cut down what was committed to cut down but it was just, it was a shocking situation for them when it was everything was gone because what they considered trees were, you know I don’t know. The understory trees or weed trees, I don’t know what the name of it is but everything got cut and then all of a sudden it was clear cut looking out their back so Lennar did come back and plant trees and I just don’t want to have to go through that process again. I just want to make sure, and I’m asking Gonyea to do what’s right by the residents that are there today and so I know you’re a reputable builder so I hope that you do that so, that’s my question for you. I have one more question in terms of the reforestation because I think I’m a little confused on that. If you could bring that slide up. So and this is Della Drive. So did there’s a tree preservation easement and I saw in our notes where it say restoration. Does that mean that everything is going to be cut and then replanted and I think that is something we need to be very clear. Kate Aanenson: Yes. Because there was some grading in that area that will be replanted so there is some of this will be preserved but some of it will also be cut and replanted and that’s part of what’s in the development contract to get that replanted, yeah. Chanhassen City Council – September 14, 2020 15 Mayor Ryan: Okay. And so can you show the plan again? I think, and you know to the residents that are here tonight and as well as watching or watch this, this is your neck of the woods so you’ll be very familiar with what this looks like. I think you told me about this Ms. Aanenson or maybe it was Mr. Gerhardt but you know when you’re driving along Lake Lucy between Galpin and Highway 41. If you’re headed west and you look at that kind of on the west side of Lake Lucy where that steep hill that goes up. What is that neighborhood? Pinehurst? Kate Aanenson: Yeah. Mayor Ryan: Isn’t that kind of how the Lake Lucy was cut in and those, you know that slope was cut and then replanted if that makes sense to you. That’s the similar look that’s going to be here. Kate Aanenson: So yep, so the City Forester’s comments, some of this will be preserved. This is some of the higher quality those of you that live north of that area, some of the higher quality woods so actually right in this area so in order for this street to come through there will be some impact and then so in addition to the preservation area additional reforestation which they have security. Will have to post security for that, will also be carried out but yes that’s some of the significant. Mayor Ryan: So I believe you keep the trees that are on the high end of the bluff. Kate Aanenson: Yep. Mayor Ryan: Those stay and then on the lower portion is what’s being replaced. Kate Aanenson: Yep, right and that’s being impacted by the grading for the street and utilities, correct. Mayor Ryan: Okay. And then the green area is all undeveloped wood area and that all stays left alone. Kate Aanenson: Correct, that’s that preservation area. Craig Allen: The green on the? Kate Aanenson: This right here. Craig Allen: Oh okay. I thought you meant the green. The green, okay. Kate Aanenson: No. Craig Allen: Wrong green. Chanhassen City Council – September 14, 2020 16 Kate Aanenson: Don’t make anybody nervous. No those are all. Craig Allen: I want to make sure. Kate Aanenson: No those are also significant areas. So again just to be clear I mean we do ultimately there will be some grading for the trail to go through and that trail connects too so there is some impacts there but yes those are also the beautiful trees that you can see overlooking. Craig Allen: But I think in, I don’t have, I can’t see the silt fence line but in that yellow area at the top I believe a lot, I think that’s all staying. Kate Aanenson: That’s the no touch but what I’m saying to get the road in, this is the green I’m talking about. To get the road in there. Craig Allen: That green needs to be grading. Kate Aanenson: That’s grading and that will be replanted. Most of the stuff along the southern part of Ashling Meadows should be untouched and again that’s this, where the high quality trees are right there yeah. Craig Allen: Okay. Mayor Ryan: Okay thank you. Those are all my questions and comments in terms of this. Craig Allen: Thank you. We’ll do the best we can. Mayor Ryan: Okay thank you. Craig Allen: Alright. Mayor Ryan: Council any further thoughts, questions or motion as it relates to this topic? Councilwoman Tjornhom: I’ll make a motion. Mayor Ryan: Okay Councilwoman Tjornhom. Councilwoman Tjornhom: And it’s the motion that’s in our packet correct? Kate Aanenson: Yes. Chanhassen City Council – September 14, 2020 17 Councilwoman Tjornhom: Okay. I’d like to make a motion that the City Council approves The Bluffs at Lake Lucy Final Plat, Development Contract and Plans and Specifications. Councilman McDonald: Second. Mayor Ryan: We have a valid motion and a second. I have one point before we take a vote. Mr. Knutson if I could ask one more question. Can we not as part of this motion add, have them commit to the 10 feet or does that, because that’s not part of the final plat we can’t include that? Roger Knutson: You could agree to that. Kate Aanenson: He’s agreeing. Mayor Ryan: So it doesn’t have to be. Roger Knutson: It’s okay. Kate Aanenson: You can add it. Mayor Ryan: Would you mind redoing the motion Councilwoman? Sorry. Councilwoman Tjornhom: If I have the correct language for it. Alright I’ll make a motion again that the City Council approves The Bluffs at Lake Lucy Final Plat, Development Contract and Plans and Specifications with the agreement to add in the 10 feet. Kate Aanenson: On Lot 6. Councilwoman Tjornhom: On Lot 6. Kate Aanenson: Of Block. I can’t read the Block. Councilwoman Tjornhom: On Block. Kate Aanenson: 10 foot side yard setback. Councilwoman Tjornhom: I’m not hearing you. Do I have to say the exact lot number? Mayor Ryan: Lot 155. Kate Aanenson: Yeah that’s on the preliminary. It’s Lot 6 of Block. Craig Allen: Block 3. Chanhassen City Council – September 14, 2020 18 Kate Aanenson: Thank you. Councilwoman Tjornhom: Okay on Lot 6 on Block 3. And agreeing to the 10 foot setback yep. Mayor Ryan: Okay I think we have a valid motion. Is there a second? Councilman McDonald: Second. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves The Bluffs at Lake Lucy Final Plat, Development Contract and Plans and Specifications with the condition that there be a 10 foot side yard setback on Lot 6, Block 3. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. Alright thank you Mr. Allen and residents for coming tonight and again please work with staff as well as the neighbors. I appreciate it. Craig Allen: Thank you. Mayor Ryan: Thank you. PUBLIC HEARING: APPROVAL OF ON-SALE BEER AND WINE LICENSE FOR TS FOOD LLC, DBA MED BOX GRILL, 600 MARKET STREET, SUITE 160-170. Mayor Ryan: Under public hearing we have approval of an on-sale beer and wine license. I think that might be you Ms. Johnston. Heather Johnston: That might be me. Madam Mayor, members of the council there is the public hearing. There’s request for a new restaurant called Med Box Grill on 600 Market Street for an approval of an on-sale beer and wine license. This is a new business. It is replacing an existing business that is no longer there and their request is for an on-sale liquor license. We have done the background check and have no reason, found no reason to deny the license so. With that it is a public hearing so. Mayor Ryan: Okay perfect. Are the owners here? Would you like to come forward and introduce yourself? Please. Welcome. We read your article in the paper. Semih Ayhan: Thank you. Hello Ms. Mayor, council members. My name is Semih Ayhan. One of the owners of the Med Box Grill. My business partner. Tuncay Ozdenak: Tuncay Ozdenak. I’ll be one of the owners. Mayor Ryan: Nice to meet you. Chanhassen City Council – September 14, 2020 19 Semih Ayhan: Nice to meet you as well. We are currently a food truck Med Box Grill expanding our business to Chanhassen with a location. We are using the space at the Market Street. It’s roughly little shy of 20 hundred square feet and we have a patio area. But the food that we have, we’ve been working with breweries, wineries for roughly 4 years. We thought it would be good addition to bring that food combined with wine and beer at city of Chanhassen. Know for Chanhassen residents our traditional food. Mayor Ryan: Great, well welcome. We’re excited for you. I know you were at a big hit at the 4th of July so I know that you’ll have a lot of support here so I’m really, we’re very excited to have you part of our city and our restaurants industry here in Chanhassen. It is located the old School of the Wise, is that correct? Semih Ayhan: Yes. Mayor Ryan: Okay. Well good and lots of family recipes I understand. Long tradition with family recipes so well welcome. We’re happy that you’re here and obviously I know it’s been a long time coming and COVID put a little bit of a pause but we’re happy that everything is moving forward and welcome to Chanhassen. Thank you. Council do you have any, oh I have to open the public hearing, excuse me. Do you have any questions for staff before I open the public hearing? Alright with that I hereby open the public hearing. Please step forward and state your name and address for the record. I see nobody here. I will close the public hearing and return it to council for any questions or a motion. Councilman McDonald: I’ll do a motion. Mayor Ryan: Thank you Councilman McDonald. Councilman McDonald: I would propose that the City Council approves the request for an on- sale beer and wine license from TS Food LLC doing business as Med Box Grill. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Mayor Ryan: Thank you Councilman Campion. Councilman McDonald moved, Councilman Campion seconded that the City Council approves the request for an on-sale beer and wine license from TS Food LLC doing business as Med Box Grill. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Chanhassen City Council – September 14, 2020 20 Mayor Ryan: That motion carries 4-0. Congratulations and welcome. Wish you the best of luck. You thought that was going to be a long one. That was pretty snappy. Can’t wait to visit you. Yes, thank you. Charlie Howley: Mayor did you say 4-0? Mayor Ryan: No that’s good, thanks for asking. No. She was not able to make this part of the meeting but thank you for checking. CONSIDER AN APPEAL OF THE CITY’S DENIAL OF AN ENCROACHMENT AGREEMENT FOR RETAINING WALLS AND VARIANCES FROM THE CITY’S PROHIBITION ON LOCATING STRUCTURES WITHIN DRAINAGE AND UTILITY EASEMENTS LOCATED AT 6893 HIGHOVER DRIVE. Kate Aanenson: Mayor I think the applicant would like to table this item so I’ll let them formally request that. To have the item tabled. Mayor Ryan: Okay, please come forward and state your name and address for the record. Mark Kelly: Yes my name is Mark Kelly. I’m an attorney. I represent Larry and Joan Synstelien who are present today. At the last meeting it became very apparent that it was in the interest of the, both the city staff’s commentary or observations and the property owner to the east with concerns of water flow which this project was all about redirecting water that hits my client in the south from 4 lots. Capturing it. Redirecting it to the city street so that their property wasn’t inundated. It’s an imperfect process. The neighbor to the east, I’m sorry I don’t remember the lady’s name, was concerned. The city staff felt that some water may be flowing towards that lot despite my client’s efforts and we filed an application for a building permit to put essentially a small berm right along the lot line to capture all the water. Redirect it to the north, to the street. Create a barrier for the property owner to the east and the city staff would, I think would benefit, the City would benefit by having their comment, we’re trying to get to a point where this matter is behind all of us and we’re done with it. Mayor Ryan: Okay. So you’re working directly with city staff. Mark Kelly: We have. I’ve been working with Mr. Ferraro and Mr. MacKenzie from time to time and they need to be able to review and comment. Ask for clarification and then report to you and to me. Mayor Ryan: Okay so you’re formally asking that we table this item to a later date? Mark Kelly: Yes Your Honor. Mayor Ryan: Okay do we have a time? Chanhassen City Council – September 14, 2020 21 Kate Aanenson: That’s what I was going to say. We also want to make sure that you’ve waived any time. Mark Kelly: Waive anything under 1599. Kate Aanenson: Okay, that’s fine. Mayor Ryan: I’m not sure what that means. Mark Kelly: State law. Kate Aanenson: The 60 day, yeah. Mayor Ryan: Oh 60 days. Mark Kelly: 60 day rules away. Mayor Ryan: Okay. I’d like to think that I knew what it meant but I still want to make sure I know. So when we table this, just for clarification for whoever makes the motion, if this is tabled you’d like to have a date. Specific date or just 60 days? Kate Aanenson: What we’ll do is review the permit and see if it, you know how it satisfies the issue and we may be back here still trying to resolve it. It may resolve the issue and then we’ll have to close, yeah. It would close the appeal. Mayor Ryan: Okay, so it just needs to be tabled. We don’t need a date? Roger Knutson: Correct. Mayor Ryan: Okay. Alright, thank you. Is council clear on that then? Okay. So if anybody would on council would like to make a motion to table this item. Councilwoman Tjornhom: I make the motion that City Council tables this motion. Do we need any numbers or anything? Roger Knutson: No. Kate Aanenson: No. Councilwoman Tjornhom: With this, okay. Item number H-1. Does it matter? Mayor Ryan: Perfect. We have a valid motion to table item number H-1. Do we have a second? Chanhassen City Council – September 14, 2020 22 Councilman Campion: Second. Mayor Ryan: Thank you Councilman Campion. Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council table item H-1 on the agenda. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0 and it will be tabled. Mark Kelly: Thank you Mayor and council. Kate Aanenson: Mayor I’d also like to, there are residents following this issue so I just want to make sure that we are transparent in keeping them in the loop so we have the name of some of the neighbors that were at the Planning Commission and may be here tonight so we’ll make sure we circle back so they understand where we are in the process and what’s going on. If that makes sense. Mayor Ryan: That would be great and if not I’m sure they will follow up so I appreciate it. Thank you for being here tonight. Thank you. Mark Kelly: Thank you Mayor. Mayor Ryan: Thank you. CONSIDER AN APPEAL OF THE BLUFF CREEK OVERLAY DISTRICT BOUNDARY DETERMINATION MADE BY A CITY ADMINISTRATIVE OFFICER FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 212 AND POWERS BOULEVARD. Mayor Ryan: Kate have you caught your breath yet? Right I know. We went right up to it. Well thank you. Alright next up we have item number 2 and that is an appeal of the Bluff Creek Overlay District boundary. Kate Aanenson: Yes, so this like the item before you would have heard is actually an appeal of an administrative officer. You don’t see these too often but the Planning Commission serving as the Board of Adjustment hears relief from ordinances but they can also appeal any decision made by an administrative officer which would be the planning staff in most cases. So in this circumstance, this was an appeal made by administrative officer so I’ll kind of just briefly go through that. These are in some of your attachments but this regards the Bluff Creek Overlay District so I’ll go into that in detail. But to help us based on the opinion that the staff had made we went to an outside source and that’s included in your packet and that was WSB. So they Chanhassen City Council – September 14, 2020 23 were our consultants on this. Specifically Andi Moffat and the person who’s now employed by the City Matt Unmacht so both of those people reviewed the original interpretation made by staff and so we stuck by our original interpretation. So the applicant, Mr. Erhart appealed that decision so the Planning Commission did take that under consideration and I’ll go through that now. So that just kind of frames up the issue if that makes sense so, so here we are. Appealing the determination. So the location of the site is just north of the intersection, or just south of the intersection of 212 so this is the approximate 3 acres right here. So here’s 212, Powers Boulevard. Avienda just up here to the northwest. This property is guided for office industrial. If you recall we had actually had a medical office user go on the site and about 10 acres with the current zoning. So just to give you a brief history of the Bluff Creek management plan, the overlay district runs the entire length of the city so in order to accommodate acquiring all the overlay district the City made the decision that we do it incrementally so we’ve identified that and then we said you can, you know prima facie evidence to show that that line is wrong and they’ve reviewed that. In this circumstance we did review that but the only other way we could acquire all this property would be to go out and buy it all which at the time even today couldn’t do it. Some of the properties in the urban service area. Some wasn’t so we did on a project by project basis. So again it was put in place in 1998. Protect the Bluff Creek corridors. Some of the wetlands. Some of the bluffs and then the significant trees so it’s not all of, sometimes it might just be a wetland and sometimes it might be the significant trees. So again this is the overlay district as it runs through Mr. Erhart’s property. So this is kind of that area that we’re looking at right here. So here’s the entire length of the overlay district. So I just want to give you a couple examples of how we’ve applied the overlay district. So we were talking about this project. This is the property on Mr. Erhart’s property so the Bluff Creek Overlay District so in order to preserve the area that was in the overlay district, so we either, we can’t just take the property so we use tools. We use the zoning tools so we actually gave them smaller lots and they dedicated that and we got some forested areas there. Then we also use on the property on Arbor Glen, we have a cul-de-sac there and they dedicated additional wetlands and they dedicated the primary zone. So Arboretum Business Park, again dedication of the primary overlay district and on item one we iterate some of the benefits of the preservation. It has value because they’re also counting that towards their green space. So especially in a commercial business you can put more pavement here because you’re providing more green space so there is benefit. And a perfect example of that is actually the Avienda where we, the trees. So I want to reiterate, it’s not always wetland. It could be slopes or trees so in this circumstance we have 17 acres so that allows them to maximize internally but then they preserve that area so each project that comes in, it’s unique in how we apply that. So part of the overlay district again looking at the drainage area. Again this goes back to the WSB analysis of the site so looking at this and the drainage area. They felt that it was important to keep that in so this is the area here of that drainage area. While it is cropped there’s also providing drainage areas so they did recommend as it gets closer to the wetland taking, not including that. So the line’s slightly adjust but then it’s still approximately 3 acres that we believe should stay in the overlay district. Again existing conditions you can see kind of that drainage way coming through here. The slopes. And then this is again the approximate area requested to be removed. And then the conclusion really of the study was that the number of area that would qualify to be included in Bluff Creek Overlay Chanhassen City Council – September 14, 2020 24 District the majority of the area drains to Bluff Creek so that has impacts to Bluff Creek in itself and the majority of the area contains either excessively steep slopes, erodible soils, woodland or grassland habitat. And there’s one small area within the parcel within the sub-district, sub- watershed district that does not drain to Bluff Creek and that small area they would recommend, had recommended taking out. So the Planning Commission held their public hearing on August 18th. The motion to affirm it but then the motion failed on a 2 to 3 so because this wasn’t a super majority vote that automatically gets appealed up to you so with that we and the Planning Commission stand by the original recommendation of keeping that area within the primary zoning district. Mayor Ryan: Could you just clarify the vote that’s written kind of strangely. Kate Aanenson: So a person made a second and then they voted against their own motion so yeah. Mayor Ryan: So the motion was at the Planning Commission, I just want to make sure I understand this. The motion was to keep the boundary as is currently set. And they. Kate Aanenson: Voted 2 to 3 against that motion. Mayor Ryan: Against that motion but then nothing came of the, and then I think what I read and watched some of it was that they, that they didn’t feel like it was, that they should be making the final decision and it should come to council. Kate Aanenson: Yeah, correct. Mayor R yan: For this, okay. Thanks for that clarification. I have others but I’ll open it up to council or is Mr. Erhart here? Kate Aanenson: Yep he’s here. Mayor Ryan: I couldn’t see you behind the mask. Kate Aanenson: Did you have a presentation Tim? Tim Erhart: I have a few comments. Kate Aanenson: Okay. Mayor Ryan: Alright. Tim Erhart: If this is the right time. Chanhassen City Council – September 14, 2020 25 Kate Aanenson: Yeah sure I just want to. Mayor Ryan: You want to come forward and then we’ll ask, we’ll see if there’s any questions for just state your name and address for the record please. Tim Erhart: Yeah, my name is Tim Erhart. Live at 9611 Meadowlark Lane, Chanhassen. Appreciate the time that you’re giving me to kind of present our desires and arguments on this. My wife and I purchased the entire area, 120 acres 40 years ago when we moved to Chanhassen. We spent the last 40 years a great hobby of converting what was a dairy farm into a wilderness preserve. It was a magnificent site to start with already existing ponds and wetlands. There was a lot of cornfields. A lot of manure piles and a lot of fences rolled up all over the place that you could run into if you weren’t watching so we spent, I guess we spent weekends and weekends and weeks cleaning it all up and converting it to what it is today. We planted thousands of trees and actually built 4 ponds on the site. Starting in ’81 when we had approval from Frank Fox and Jim Wilson who each have 40 acres to the north, we started building trails. I’ve got trails in my blood I guess so the time we maxed out before the Gonyea development we had 4 ½ miles of trails running through Jim’s and Frank’s and well the City at one point later and our land so essentially had 275 acres of preserve land. Pretty fun stuff. Today those trails that we built are now at the heart of Fox Preserve. And one of the things we’d like to see if some people using it. I’ll talk about that in a second. Our property is guided for two different uses and the eastern, and the biggest part of the area is guided for residential and we look forward to actually start that process here in the next year. I’m working with the City. To the west around the intersection of 212 and Powers, that’s intended for officially office and/or industrial. Separating those two areas is a very high ridge that’s heavily forested and of course has a trail running through the center of it. This ridge we hope will eventually be incorporated in what is now Fox Woods Preserve as the area develops. Our vision for this site is a neighborhood where hundreds of people have the same opportunity we’ve had for the last 40 years to enjoy the amenities of the trails. The ponds. The prairie. The trees and right out their back door which is what we’ve enjoyed so much. The site we’re here to discuss today of course is right at the intersection. A small area of 3, maybe a little bit more than 3 areas. Excellent access to the freeway. It’s accessed through an already opening on Powers Boulevard just to the south and right next door all the extensive trails and everything that is involved with Fox Woods Preserve and a bike trail connection between Bandimere Park and Powers Boulevard is planned which would go right through the property. I cringe at the idea and I believe so does Kate, the idea of an industrial building going on this premiere site. Or a multi-tenant office building. It’s too beautiful and too prominently located to see that. What we see is a corporate headquarters or medical office building or potentially apartment buildings. These are the only uses that are going to bring people to use the asset that we have in the park. Making it an industrial building or a multi-office just simply won’t bring the people that we think that whole area is designed to serve. Today the site is basically under current ordinance I believe is 9, you mentioned 10. Yeah I’m not sure. Is it 10? Yeah which gets to the issue that we’re requesting here today and discussing. We contend that right next door as described by Kate there’s 3 additional acres and we’re requesting that it be joined to the 10 acres to give the site the size big enough for a large single use company or enterprise to make Chanhassen City Council – September 14, 2020 26 the investment necessary to see the vision that we have for this site and that is again Class A office. Three stories. Lots of people. Accessible to the park. As Kate said some 10 years ago Fairview Clinic was very serious at building a, or Fairview Hospitals was very serious to build a clinic in the area. What they were looking for, or planning on building was 160,000 square foot facility in two phases. To do that the City cooperated and we moved the original Bluff Creek primary zone line slightly to the east to give us another acre or two and then objection noted to everybody we ended up having to put in a plan for a multi-story parking lot to make the land big enough for them to do what they wanted. The project was approved by the City but didn’t get built due to economic factors at the time but we learned several lessons. One is there is a need for Class A office in our area. Examples are the 212 Medical Center in Chaska and of course our own Life Time Fitness. The 212 Medical Center is located on 15 acres where Life Time Fitness is located on 12 acres but their parking is shared with their fitness center so in fact they’re able to get more office on their 12 acres. If they didn’t have that they’d have to have more. Over the years we’ve had several inquiries from people looking for an area for a single use office complex. In almost all those cases they’re asking for 15 to 20 acres and 9 to 10 acres just isn’t a starter so none of the conversations went anywhere. As Kate said the City maintains that that 3 acres should be incorporated in the park when the area develops attitude. The Fox Woods Preserve which is 80 acres today. Our intent is to contribute, not include 15 acres additional to the park when this area around the intersection there develops, not including the 3 acres we’re discussing today. That would bring the park to about 100 acres. We think that dedicating this small area to the park is not the best use of the land. Given the accessibility to 212 and is that this site is much better suited to serve our community commercially yielding much needed tax revenue. And more, and almost as important bringing more users to the assets we have in the preserve. Prior to COVID the park was hardly ever used. I worked it. Walked it. Kept trails clean. Even while part of the City. You very rarely see anybody in there. Today I’m amazed that we’re actually seeing some of the original horse riders that used to ride in this before the City now using the park trails so there’s a real need to get some users in this park. To get to the 12-15 acres that I think we need to market this, you know we need to move the line to the east once again. Right now it cuts through kind of a middle of this hill that was shown on your map there. There’s some trees located on both sides. There are some hills but no different than the other hills in the area. Nor the trees. During the past years Kate and I and others have had conversations about how to determine the location of the boundary line. The ordinance says we shall determine by using the topographic survey, a flora fauna survey, and soil data. But nowhere in the ordinance does it tell you exactly how to apply the information and where to place the line. It says specifically that it’s up to the city planner at his or her discretion. My view of that is that it’s very difficult to assign what’s the right location and that that there’s no wrong locations and there’s no absolutely right locations. I think there’s justification to look at that position of the line and accommodate what we think that this property should be used for and allow us to market this property with a specific size of 12 to 13 acres so we can get a start a conversation about somebody investing in this property. It’s very difficult today to go look at where this line is, for someone to say oh yeah it’s clear. This is where the line should located. Our proposal has the line start at a long, prolonged hill that is highly vegetated. In fact it’s the ridge that I referred to earlier. It’s very clear to someone on site that there’s some, there’s a land Chanhassen City Council – September 14, 2020 27 difference at this point. The land to the east then would be identical to what’s in Fox Preserve today and the land to the west which we are proposing to add to development would be the same as the 9-10 acres that’s currently there. This site is unique and it could contribute to our community at large as a high value asset. It’s proximity to transportation. It’s unique and it’s very favorable in it’s ability to isolate sometimes potentially can put to use surrounded by nature, ponds, hills, trees, hiking, bike trails. We are requesting to move the line to what we think is not the right or wrong location nor was there any mistake made but we’re just saying this is a more appropriate explainable position and allows the City I think and us to meet our goals to make this into another opportunity to get another Life Time Fitness or something like that. Really high value user to our community so with that, that’s my comments about it. I think, I hope I was able to explain why we’ve spent so much time on this over the years so thanks. Mayor Ryan: Great thank you Mr. Erhart. Appreciate your comments. Council I’ll open it up for discussion or questions for either Ms. Aanenson or if you have questions specific to the land. Obviously Mr. Erhart would be able to answer those as well so any thoughts, comments? Go ahead. Councilwoman Tjornhom: And forgive me, maybe I didn’t catch this in your presentation or Kate in your’s but Tim you talked about years ago you had talks about this site possibly hosting a medical building. Is that correct? Tim Erhart: Yep. Councilwoman Tjornhom: And so when you had those discussions for both of you I guess, was that line ever in these discussions? Tim Erhart: Oh yeah. Very much so. Councilwoman Tjornhom: And was there a discrepancy then? Tim Erhart: The initial line was like much of the Bluff Creek overlay lines were made from aerial photos so at the time, the first one was on a fence line because you could see that one side of the fence was pasture. The other side was cultivated field. And then when Fairview came in that’s, if you look at the ordinance that’s when you’re supposed to review the original line. It kind of assumes that there is going to be some adjustment based on data the developer brings in so at that time we did make, correct me if I’m wrong Kate but we did make an adjustment to try to increase the size. Kate Aanenson: I’ll just to what you’re saying. I don’t disagree with that but I would just add so while we were done by aerials, so the original Bluff Creek overlay was also done by an engineering firm so it also included, not just aerials but reforest, we looked at forestry. We looked at the creeks. Where the water was moving through the wetlands so there was, it was, it had some impurical data you know so that’s wetlands but then we also said you know there Chanhassen City Council – September 14, 2020 28 might be areas that minor tweaks need to be made so we agreed on that one so, but yes there was a big retaining wall. The cost of putting in the large parking ramp had an impact on that for sure, yep so yes. Tim Erhart: Did that? Councilwoman Tjornhom: It did not. I’m sorry. Kate Aanenson: We left the line the way it was when it came here. Councilwoman Tjornhom: I need clarification. Kate Aanenson: The line did not, the line did not go further up. It elongated so it didn’t go up further at this way. At the time that Fairview came in. Mayor Ryan: But did the line change when this project came forward? Did at the time you moved the, did that line alter from when the proposal came in did the line alter with this development? Tim Erhart: I thought it did. Kate Aanenson: I don’t think so. There’s two changes that were made. Originally you had zoning for 3 acres for an office building for yourself so when Fairview was looking because the City chose to land it, so there’s some things going on at this intersection too. So there’s some excess land that we worked up…that was impacted by some of the grading limits. So that was included in it. In addition there’s a lift station that needs to be built here so no development can occur on this part here until the City, working with Mr. Erhart has to construct a lift station. So there are some other costs and the market was starting to change right about then but yes, there was a large retaining wall on the back and again they had to do, they had underground parking for the doctors and like but then the guests all had, there was a parking ramp and that was on the north side correct. So yes. Mayor Ryan: And wasn’t there an issue that they were going to have to cut into the bluff? Kate Aanenson: They put a retaining wall right at the bluff correct. You are correct. So the line didn’t move but the retaining wall there. Mayor Ryan: And maybe even bigger picture for your question Councilwoman, has the line ever moved over the course of when it was first established? Has the line moved? Kate Aanenson: So we go back to the original report that was done by the watershed district also, so the first line is what was put in the Bluff Creek plan. Then the watershed district made comments on that and then to do an outside, another review of it, it went to WSB to say here’s all Chanhassen City Council – September 14, 2020 29 the impurical data. Does this make sense and that’s where they said some area might want to come out. A small area but they thought the original recommendation seemed to make some sense. That was how they came back. Councilwoman Tjornhom: I’m going to think about this for a while… Mayor Ryan: Any other questions? Go ahead. Councilwoman Tjornhom: I guess what I don’t, I mean in all due respect Kate, I mean the answer is they seemed to feel it made sense or they seemed. Kate Aanenson: No I’m saying based on impurical data that’s what they stood by their recommendation. Councilwoman Tjornhom: Okay. Kate Aanenson: That’s their professional recommendation. Councilwoman Tjornhom: Okay so that’s what I’m saying I heard seems and I thought… Kate Aanenson: I’m sorry. I didn’t mean to seem wishy washy. Councilwoman Tjornhom: No, no, no, I just wanted to make sure I understood you. Kate Aanenson: It was their recommendation yes. Obviously the council has the ability to make those changes. We’re just giving you the data that we said supported what the original thought process was. Mayor Ryan: I think something to think about, and this is specific to your question because I made note of it is that, and I don’t know where it is in the notes. It says, oh I just wrote it down here. It says that the review process, like the lines can be changed but it’s usually done as part of the review process for future development because there is no definitive understanding of why that line was there. Kate Aanenson: Thank you for bringing that up. I meant to bring that up. Thank you. That’s a good point and that’s what the Planning Commission discussed too. So if you look at all the other projects that we’ve moved the line, there’s been a project involved with it. As I stated before there’s value in that property. It obviously has value to Mr. Erhart. It has value. Mayor Ryan: Right. Kate Aanenson: So when we look at that with a project you can say well you can compress some of the density and use that for your green space. That’s one way of like Avienda. So Chanhassen City Council – September 14, 2020 30 there’s different ways to attribute that and that’s kind of what the Planning Commission was wrestling with too because it’s, okay so his position which I completely understand. He wants to be able to market 13 acres. He doesn’t want to say well maybe if you bring something in that they really like you know and we can work out that you’re going to use that as your open space or your green space so that kind of puts a cloud over what he’s trying to do. But we’re saying it makes it easier for the staff to understand you know kind of like when we do a subdivision. What do we gain and what is the developer getting so it’s kind of that trade off. Mayor Ryan: Right and for me I read it, my interpretation is a little bit different. That leads me to believe that the line is arbitrary and that’s where I struggle with it is that if then we change it based on a development and it’s just because it’s part of a development, then we’re doing it because of a development versus the fact that you know whether it’s a development or the landowner wants to sell, to me it just that line seems arbitrary and that’s where, that’s how I interpreted it so… Kate Aanenson: Yeah. So because I made the statement at the Planning Commission and let me clarify that again. I said it’s easier for us to look at the value of that, we’re losing all that green space when you have a development so you could pack more on the 10 acres because you’re preserving the 3. That was my intent. If I wasn’t clear on that I apologize but I understand what you’re saying. Mayor Ryan: Right and then that’s where I come down to the, where this line is drawn. Whether it’s part of a development or because an individual wants to sell 13 acres versus 10 acres, it speaks to me that that line can be moved but I’ll reserve further comments for other council. Other comments or questions. Councilman Campion? Councilman Campion: I have a question. Is there a map of this that’s more clear? Did the Erhart concept map to me looks pretty clear. Yeah there is an attachment, what the last attachments. Tim Erhart: Mayor Ryan can I make one comment regarding that? Mayor Ryan: Please. Tim Erhart: I want to also say we are not out trying to sell this property at any given time. We are in no rush. We have the patience to wait for the right user to come along so we’re not here trying to get this through and then all of a sudden try to pawn it off on somebody as a long term. Mayor Ryan: No understood. It was more just it spurred when Councilwoman Tjornhom asked the question about past lines etcetera, it was more of how official are these lines so but thank you for answering. Go ahead Councilman Campion. Chanhassen City Council – September 14, 2020 31 Councilman Campion: It’s along those lines. I thought that was one of the most clear maps to look at when trying to picture the change? Kate Aanenson: This one? Councilman Campion: No, so in the item. Mayor Ryan: This one right here. The last one as part of your attachments. Kate Aanenson: I don’t know if that’s in the power point. I don’t think so. I don’t think that’s in the power point. I can put it up on the screen if it’s. Councilman Campion: And I guess the last image in the power kind of showed it as well so the extra 3 acres that you know he’s looking to be classified as developable, it is under our jurisdiction to make that determination. It’s not a part of the Bluff Creek Overlay District. Kate Aanenson: Well you would be the administrator. That’s the policy would be that the staff would make, the developer would provide or the owner would provide some impurical data why they believe it’s where it is and we would say why we think it’s either correct or incorrect. Councilman Campion: But I mean part of me feels like we’re in a way handcuffing him because he did a good job preserving the land and planting trees and all that. You know to say that no, that should be part of the preserve right? Kate Aanenson: Okay, so when they develop the rest of the area which will all be subdivided then? Councilman Campion: I’m having a hard time seeing the property lines of what Mr. Erhart owns. Kate Aanenson: Yeah so he owns all this property up here. All of this. All of this except for West 68th Street. All that’s his so ultimately this will all be residential, except for the park. Let’s go back to, I think if we go back to, so this is the low density. So if you look on Fox Woods is to the north. That street will come down. The Comprehensive Plan shows the connection. Mr. Erhart pointed that out. Access to the property approximately here and that road ties, goes all the way up to Fox Woods. Subdivision. That’s the Gonyea homes up there. Does that make sense? Councilman Campion: Right. Right. Right. Kate Aanenson: Yep so then this is the park. So ultimately this will be developed. I think you’ve got a few more acres you can develop that’s closer to 101. The rest of it you need to have this lift station built for it, yeah. Does that make sense? Chanhassen City Council – September 14, 2020 32 Councilman Campion: No. Heather Johnston: Madam Mayor, can I just clarify a little bit from my, I’m going to dial it down to my basic understanding of this because I’m not a planner. Really the question is so the line was originally established based on the impurical data and that line hasn’t changed. The question before the council really is typically what would happen is you may end up changing the line in the context of an overall development. As you can see this is kind of designed to be developed at this point in time but typically you would take into account those trade off’s. Similar to some of the tree discussion that we had earlier right? When a development is occurring you might say okay we’re going to move this preservation area over here but you do that in the context of an overall development and that was somewhat of what the Planning Commission was saying is typically we would do that when we have a development in front of us and so this is not, this is sort of not our typical process and so we think if we’re going to go away from our typical process that the council should be responsible for that because typically it would be in the context of an overall development so that you could as Kate said earlier understand some of the trade off’s and so it’s really that question of is, you know are you comfortable making sort of a change from your typical process in which you would consider this kind of a change. Is that fair Ms. Aanenson? Kate Aanenson: Thank you. That was a much easier read. So you know so there’s a lot of things that are going to happen on this other part of the property. You know there’s going to be this street’s going to get connected. We’ll have the through street coming up into Fox Woods. So there’s kind of two separate processes. One is the office piece and the other part is the residential piece so. Mayor Ryan: But all the same landowner. Kate Aanenson: Correct. Yep. Mayor Ryan: Councilman McDonald. Councilman McDonald: Yeah I mean I can see where our normal process is but we’re handicapping the landowner because he can’t sell saying that well you may be able to get the 3 acres or you may not, depending upon what you try to bring in here. At that point you’ll never develop the land because what developer is going to take on that risk of okay, I’ll invest some time and effort in doing plans and all like that and we’ll go away and we’ll roll the dice and see what can happen with the City Council. There’s got to be another path here to be able to market the land with those 3 acres and then at the same like we do with any other process be able to evaluate it as to whether or not to accept or reject the plan or you know what we normally do with development. Otherwise as I say this will never get developed. So I think we’re putting a restriction on the landowner where he cannot fully develop this property. I mean I hear what you say about the residential property and yeah all of that will come in at some point but how is that going to be a trade off against what we’re trying to sell as an office site? It’s two different Chanhassen City Council – September 14, 2020 33 developments so I guess I’m more in favor of, I mean I’ve seen the property. I’ve been out there numerous times and I just fail to see how taking this out of the Bluff Creek overlay district affects the overlay district. I just don’t see the connection there and I see something that really harms someone and the utilization of their property more than it helps us to keep it in the natural state which is undeveloped. Kind of help me through all that. I just, there’s got to be another path here to where Mr. Erhart can market and develop the land but yet at the same time we’re going to have a say as to what goes in there and what it looks like. Mayor Ryan: Thank you Councilman McDonald. And I mean I tend to agree. Obviously my concerns early on, or my comment early on about the line being arbitrary. I still believe that in this situation and for me obviously one you’ve been on that land for years as you shared and you care about the land. The way you replant your trees. You know the wetland care that you’ve taken. I know how much that site means to you so I think that’s really important that you’re not just wanting to add it for development sake and so I value that sentiment as well but it was really the last line in the discussion part that reaffirmed my feelings about this when it says this site will provide more value for Chanhassen residents as a commercial site than it’s open space and I’d rather have a good project that has with the additional 3 acres then an average project and a process where then we ultimately may have to give it or make some changes. You know let’s make the site the best that it can be and if it’s that additional 3 acres so we can get a quality project in there, I know that the parkland that is already there and utilized will continue to be a benefit for whatever that user is and as well as the future development of the residential components that will come in the future so you know I think making, I understand the changes obviously in the previous conversations. I’m always concerned about tree preservation and protection so I’m not, you know it seems like I’m doing a 180 on this one but for me I think because of the totality of the land that you own and how it’s been developed over the course of these years, I know that this additional 3 acres isn’t going to be a detriment to the overall site. So any other further comments, questions or a motion? Councilwoman Tjornhom: Yeah I agree with Mayor Ryan and Councilman McDonald. I just think there has to be a path of flexibility for you because the Mayor’s right that I would much rather see a high quality product on that spot than having to compromise because of 3 acres so. Mayor Ryan: Councilman Campion any further thoughts? Councilman Campion: I’m in agreement with the discussions as well. Mayor Ryan: Okay. With that so I think it would be a change in the motion. Kate Aanenson: We would change the motion…and Findings of Fact that support the change so. Mayor Ryan: So if you go to the second attachment for Findings of Fact and Decision adjusting the boundary, because as in the notes you can see that then you have to approve a motion Chanhassen City Council – September 14, 2020 34 approving the applicant’s boundary delineation and adoption of the corresponding Findings of Fact. Kate Aanenson: Correct. Mayor Ryan: Okay thank you. Councilman McDonald: Okay exactly where are you in? Mayor Ryan: So if you, when you click on the item on the agenda. Councilman Campion: It’s the second attachment. Mayor Ryan: If you go to the very bottom it’s the second attachment. Councilman McDonald: Okay under Decision? Kate Aanenson: No under attachments. Councilman Campion: Yeah Findings of Fact and Decision adjusting the boundary. Yeah I’ll make a motion. Mayor Ryan: Alright I think Councilman Campion’s going to make a motion. Councilman McDonald: Okay I’ll let him do it. Mayor Ryan: Okay, thank you. Councilman Campion. Councilman Campion: I will try. Stand by for assistance. I propose a motion that the City Council approves the request to adjust the boundary delineation of the Bluff Creek primary zone boundary and adopts the Findings of Fact and Decision adjusting boundary. Mayor Ryan: Yep. We have a valid motion. Is there a second? Councilman McDonald: I’ll second. Mayor Ryan: Thank you Councilman McDonald. Councilman Campion moved, Councilman McDonald seconded that the City Council approves the request to adjust the boundary delineation of the Bluff Creek primary zone boundary and adopts the Findings of Fact and Decision adjusting the boundary. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Chanhassen City Council – September 14, 2020 35 Mayor Ryan: That motion carries 4-0. COUNCIL PRESENTATIONS. Mayor Ryan: Are there any council presentations tonight? You know I’m going to, I don’t have a presentation but tonight on our consent agenda we accepted a couple of donations so I just want to recognize that T-Mobile for the Senior Center Drive In Ice Cream Social and Concert donated $2,400 from T-Mobile. And then they did another donation for, on August 13th a Back to School Kids Concert and donated $1,750 for this kids concert held on August 13th at the Rec Center so I just wanted to thank T-Mobile and their regional marketing manager Tony Weirs for that donation to the City for both the Rec Center and the senior center. And then finally we approved a resolution accepting donations totaling $40,134.43 from area businesses for our 2020 Community Event sponsorship program so we have a list of those sponsors. I know we continue to recognize them through our social media but just want to thank all of our local sponsors in Chanhassen for supporting our community events. We couldn’t do the events without you so appreciate your donations. And that’s it for me for council presentations. Anyone else with a council presentation? ADMINISTRATIVE PRESENTATIONS. Mayor Ryan: Anything on the administration. Administrative presentations? Heather Johnston: Madam Mayor and council the only thing was what you mentioned earlier which is the Red Birds will be recognized at our next meeting so. Mayor Ryan: Oh great, next meeting perfect. Thank you. CORRESPONDENCE DISCUSSION. None. Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 8:45 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim