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05-09-2022 City Council Regular Meeting MinutesCHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES MAY 9, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert, Councilman McDonald. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Kate Aanenson, Community Development Director; Charlie Howley, City Engineer/Public Works Director; George Bender, Assistant City Engineer; Kelly Strey, Finance Director; Jerry Ruegemer, Park & Recreation Director; Kim Meuwissen, City Clerk; Andrea McDowell- Poehler, City Attorney. PUBLIC WORKS STAFF PRESENT: Charlie Burke, Adam Beers, Greg Schmieg Greg Fasching, Rob Heinen, Ryan Brant, Ryan Lannon, Josh Girard, Dale Larson, Gary Berg, Mike Wegner, John Wickenhauser. PUBLIC PRESENT: Paul Granos Lotus Lake Conservation Alliance, 6663 Horseshoe Curve Larry Koch 471 Big Horn Drive PUBLIC ANNOUNCEMENTS: 1. National Public Works Week Proclamation Mayor Ryan stated it is National Public Works Week and she read the following proclamation: Whereas, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Chanhassen; and, whereas, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals who are responsible for rebuilding, improving and protecting our City’s transportation, drinking water supply, wastewater collection, public buildings, parks, drainage, and other structures, and facilities essential for our citizens; and, whereas, it is in the public interest for the citizens, civic leaders and children in the City of Chanhassen to gain knowledge of and to maintain an interest and understanding of the importance of public works and public works programs in our community; and, whereas, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association. Be it now resolved that I, the Mayor of the City of Chanhassen, do hereby designate the week May 15-21, 2022 as National Public Works Week, and I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies City Council Minutes – May 9, 2022 2 designed to pay tribute to our public works professionals, and to recognize the substantial contributions they make to protecting our community’s health, safety, and quality of life. Mr. Howley clarified National Public Works Week also includes the Parks Maintenance Team, and this year’s motto is “Ready and Resilient.” Councilman Campion moved, Councilwoman Schubert seconded that the Chanhassen City Council recognizes and designates May 15-21, 2022 as National Public Works Week. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Presentation of Maple Leaf Award to Planning Commissioner Steven Weick Mayor Ryan noted Mr. Weick was not present but showed the public the beautiful award he will receive. She shared about Mr. Weick noting he was appointed to the Planning Commission in 2013 and reappointed in 2016 and 2019. He served as Vice-Chairman from April 2015 until being elected Chairman in April 2019 serving as Chair until January 2022. Because of the respect Steven garnered from the commission and the way he managed the meetings, they continued to elect him chairman annually. Steven fostered an openness to the meetings and promoted an opportunity for greater participation and discussion. During his tenure, the commission accomplished a number of long-range projects including the update of CSAH 61 (61 Corridor) and the subsequent Land Use Amendments and the review and adoption of the 2040 Comprehensive Plan. Steven has reviewed numerous development projects during his tenure including single-family developments (Camden Ridge – The Park), multi-family housing and senior living (The Venue – Lake Place), commercial and industrial developments (Dakota Retail – Holasek Business Park), and mixed-use development (Avienda). CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated April 25, 2022 2. Receive Park & Recreation Commission Minutes dated March 22, 2022 3. Approve Claims Paid dated May 9, 2022 4. Resolution 2022-39: Call for Assessment Hearing for the Lake Lucy Road Rehabilitation Project #20-03 5. Resolution 2022-40: Designate Official Depositories for City Funds 6. Resolution 2022-41: Designate Authority for Investment and Banking Transactions and Authorized Signers on Accounts 7. Resolution 2022-42: Approve Contract for the 2022 City Tree Maintenance Work 8. Resolution 2022-43: Approve Application of Chanhassen Brewing Company to Dispense Intoxicating Liquor off premises in City Center Park Plaza during the 2022 Chanhassen Summer Concert Series City Council Minutes – May 9, 2022 3 9. Resolution 2022-44: Award Contract for 2022 Pavement Striping 10. Resolution 2022-45: Authorize execution of an Aquatic Invasive Species Watercraft Inspection Agreement with Carver County 11. Approve a Memorandum of Understanding with the Rotary Club of Chanhassen for the 2022 4th of July Celebration 12. Approve 2022 Chanhassen Farmers' Market Agreement 13. Ordinance 689: Amending the City Fees and Charges for 2022 14. Approve Purchase of Park Equipment for Roundhouse Park and North Lotus Lake Park All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. 1. Paul Granos Citizen Action Requests Mr. Granos is currently the President of Lotus Lake Conservation Alliance (LLCA) and has two requests for action this evening, the first in regard to a goose management proposal. Because of several complaints received from residents on the lake and goose problems such as feces on docks, rafts, lawns, beaches, and shoreline, they sent a survey to all members asking two questions: 1. Do you think the number of geese on Lotus Lake are problematic? 2. Do you want the LLCA to pursue some sort of action to correct that? They received over 100 respondents and 69% responded yes to question 1 and 67% responded yes to question 2. Mr. Granos gave some background about geese, noting the urban population of geese is exploding because there are no predators in urban areas. Geese can produce 2-3 pounds of feces per day which is high in phosphorous content. Female geese often nest in the same area each year and goslings will also return to the area in which they were raised to nest. The LLCA does not want to eliminate geese but rather control the population and he shared cities around Chanhassen that have a goose control plan. Mr. Granos shared there are several methods to control populations including treating the nest where the eggs are and it is too late in the season for that so the method requested would be trapping and removal. Mr. Granos shared information about goose removal, noting the contractor sets up a netted area, traps and transports the geese according to current regulations and license requirements, and then holds them until they are processed and donated to a food shelf. Mr. Granos clarified relocation of geese is not an option. He is asking the City to look at the plan submitted and decide whether they will endorse it for the LLCA. Mr. Granos continued with his second matter noting the LLCA has an active social messaging effort and will focus on boating etiquette and recommendations for any activity on the lake including water skiing, tubing, and wake boarding. The LLCA has distributed their own pamphlets and literature to their membership highlighting some standards and recommendations that are part of Minnesota boating regulations and Chanhassen City Code. Mr. Granos showed a picture of the public access on the lake with current signage that shows no wake within 100 feet from shore and 150 feet from shore for jet skis. The issue for the LLCA is whether anyone understands what 100 feet looks like on the water. The Water Sports Industry Association (WSIA) has literature on the matter and the LLCA proposes to use that same messaging and add an additional sign right at the boat launch to talk about recommendations for responsible boating on the water. Mr. City Council Minutes – May 9, 2022 4 Granos noted the lake is long and narrow with some choke points where distances are hard to visualize. The LLCA would like to partner with Chanhassen to help communicate those distances to all lake users and they do not believe the majority of users, Mr. Granos included, can tell what 150 feet is when out on the water. In addition to the signage by the boat launch, the LLCA would recommend adding some visual markers along the drive showing what 50 feet from shore, 100 feet, 150 feet, and 200 feet looks like before they get on the water. They could also paint the markings on the drive. Mr. Granos would like to partner with Chanhassen to help people visualize and understand those distances. Larry Koch approached the podium and asked to address an item on the agenda regarding the proposed change to the ordinance regarding boats. He emailed the City earlier noting there is more detail there but he would like to go over eight points this evening. Mr. Koch’s position is that there should no change to the current ordinance regarding boats in driveways and that they should not be allowed to be stored in driveways. The current ordinance has been in effect for roughly 50 years and homeowners have relied on the ordinance to make a determination of when and where to buy homes. Mr. Koch stated his opinion is that 50 years ago the City Council got it right and understood that aesthetics are important to the growth and vitality of the community. Similarly the City does not allow long-term dumpsters, non-working cars, and he does not think anyone can rationally disagree that driving down a street with boats sitting in the driveway is not as appealing as a street without boats. Chanhassen’s formula for allowing boat storage on the side yard or rear yard has been successful and they need to keep that formula. Developers and homeowners’ associations (HOAs) know the value of aesthetics and do not allow items to be parked in driveways. Mr. Koch noted 50 years ago boats were not that big and now there are boats that are 26-30 feet long and nobody wants to look down the street and see these monsters sitting there. He stated this should go to the public with a better and broader request for public input and asks the City Council not to take any action to approve the change of ordinance. PUBLIC HEARING: 1. Approval of On-Sale Intoxicating Liquor License with Sunday Sales for LTF Club Operations Company, Inc., dba Life Time Fitness located at 2901 Corporate Place Matt Unmacht, Assistant City Manager, gave a presentation on the item noting the City has received a request for an on-sale intoxicating liquor license with Sunday sales from Life Time Fitness located at 2901 Corporate Place. On November 28, 2016, City Council approved a request from Life Time Fitness for an on-sale beer and wine license. The licensed premises was restricted to the Life Café and adjacent bar, and to the Pool Bistro and outdoor pool. Life Time Fitness has renewed this license annually and has not incurred any liquor law violations or had any license rejections or revocations during its tenure. They would now like to serve on-sale intoxicating liquor in their Chanhassen facility, which requires submittal of a new liquor license application. Staff reviewed the application and determined that the Applicant has complied with all State and City requirements for an on-sale intoxicating liquor license. The building locations where alcohol will be sold and consumed have not changed from the previously approved on- sale beer and wine license, which are the Life Café and adjoining bar on the first floor, and the Pool Bistro and outdoor pool area. A public hearing notice was published in the Chanhassen Villager and sent to all property owners within 500 feet of the site. Staff has not received any City Council Minutes – May 9, 2022 5 comments from the public. Fees for on-sale intoxicating liquor licenses are based on square footage of the licensed premises. Staff recommends that the City Council approve the request. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Schubert moved, Councilman McDonald seconded that the City Council approve an On-Sale Intoxicating Liquor License with Sunday Sales for LTF Club Operations Company, Inc., dba Life Time Fitness located at 2901 Corporate Place. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Resolution 2022-46: Accept the Bids and Award the Contract for the 2022 City Pavement Rehabilitation Project; and Resolution 2022-47: Adopt Assessment Roll. George Bender, Assistant City Engineer, gave a presentation on the 2022 City Rehabilitation Project. This is the second public hearing for the project which is related to assessments. He shared a map of the proposed work areas on screen and shared a summary of public engagement that has occurred to date including an open house about the project, yard signs with a QR code, a project webpage, and a survey. Staff and the consulting engineer feel the bid amounts are good and represent a fair value. The base bid amount with alternate 1 would be $4.65 million. Mr. Bender noted it is over the engineer’s estimate but is under budget overall. He shared people are aware that construction costs are escalating rapidly and they feel that is the primary reason for the cost coming in over estimate. Mr. Bender showed the assessment amounts for the Longacres ($3,105.46), Brinker ($2557.07), and Stone Creek ($3,371.84) areas noting per the City’s assessment policy the amounts are specific to each individual area. If the project is awarded it would start in May and be substantially complete in November with some other standard punch list items finished in spring of 2023. Staff recommends the City Council accept the bids, adopt the final assessment roll, and award the bid to GMH Asphalt. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council adopts a Resolution Accepting the Bids and Awarding the Contract, and adopts a Resolution Adopting the Assessment Roll for the 2022 City Pavement Rehabilitation Project. 3. Resolution 2022-48: Approve Vacating an Easement for Public Roadway, Drainage and Utility Purposes over a Portion of Outlot A, Butternut Ridge Addition; and Ordinance 690: Request for Rezoning; Preliminary Plat with Variance to Tree Replacement Requirements to add Two Lots to the Approved Preliminary Plat. Kate Aanenson, Community Development Director, gave a presentation on the item, noting the public roadway vacation is off West 96th Street. City Council Minutes – May 9, 2022 6 Mr. Howley noted there is an existing access easement on the property to get some turnaround movement as there was not a proper cul-de-sac. When the plat goes through, eventually the road will go through there so the purpose of the easement is not needed any longer. To clean up recorded documents, they would like to vacate the easement which would be contingent on the final plat being approved down the line. Ms. Aanenson shared about tree preservation which is based on the lot size and the Applicant is requesting some variances to the tree replacement. The Applicant would still be planting the same number of trees with an adjustment to caliper size and Staff feels it is consistent based on the variance criteria. Mr. Howley noted this revision shows that they will extend an existing trail farther north to connect to another trail. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing. Councilwoman Rehm moved, Councilwoman Schubert seconded that the City Council adopts a resolution approving the vacation of the grant of permanent easement for public roadway, drainage and utility purposes dated September 2, 2009 and recorded with the Carver County Recorder’s Office as document number A509111 on October 13, 2009; approves an amendment to the Preliminary Plat with a variance to the tree replacement requirement subject to the conditions of the Planning Commission staff report dated April 19, 2022; adopts the ordinance rezoning the property from Agricultural Estate District (A2) to Single-Family Residential (RSF) District to include the additional parcel; and adopts the Planning Commission's Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS 1. Approve a Request for Subdivision Review for Two Lots and Variances for the Use of a Private Street and a Neck Lot on Property Located at 855 Pleasant View Road Ms. Aanenson noted this item appeared at the Planning Commission on April 19 and the Applicant is requesting subdivision approval with a variance for a private street and a neck lot with two single-family residences on the property. The driveway will then serve the two additional homes. The Applicant will need to install a new water hydrant and provide for storm water treatment. Mr. Howley noted the final plans are still under development, and the Applicant is still working with the Watershed District and the City’s Water Resources Engineer to finalize storm water management on the site and he thinks they can get there. The proximity of the development being on a hill makes the City very cognizant of not negatively impacting the downstream areas and developments. City Council Minutes – May 9, 2022 7 Ms. Aanenson shared about tree canopy regulations and noted the Planning Commission supported the variance for the private street and neck lot configuration and voted 6-0. Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approve the preliminary plat creating two lots with variances for the use of a private street and a neck lot on property located at 855 Pleasant View Road subject to the conditions of approval, and adopts the Planning Commission's Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Ordinance 691: Consider Code Amendment Regulating the Outdoor Storage of Watercraft on Residential Properties Ms. Aanenson stated the Planning Commission heard this matter and noted City ordinance restricts boat storage to side and rear yards and the solution would be to allow one watercraft trailer and watercraft to be stored on residential driveways between April 1 and October 1. Each homeowners’ association would have their own rules which would supersede any City rules. She noted they added definitions and limited the presence of watercraft on the driveway to one. The Planning Commission voted 5 to 1 to approve an April 1 to December 1 storage date and questioned why watercraft are being treated differently than other items such as RV’s and trailers. The City did public outreach, noting this was put in the Chanhassen Villager twice in advance of both public hearings, it was in the Mayor’s message, and on the City’s website. She shared the results noting 47 comments were received with 23 expressing opposition, 20 expressing support, and 4 indicated they would support if RV’s, trailers, etcetera, were included. The most common themes are aesthetics/lower property values, burdensome off-site storage, safety/crime/sightlines, unfair to single out boats, parking, and concerns over enforcement. Councilman Campion asked about two jet skis parked on one trailer. Ms. Aanenson thinks that would be clarified in the definition. Councilwoman Schubert asked about sightlines and clarified that the storage cannot impede road and sightlines. Ms. Aanenson replied in the affirmative noting that would still be consistent. Mayor Ryan noted they received a public comment tonight, the 47 public comments, and that Councilmembers have individually received feedback. She noted questions from residents as to why this is back when the City Council just discussed the item a year ago and wants to explain the process. This item came before the City Council one year ago and did not move forward. On a quarterly basis Councilmembers can bring forward items to roundtables where they explain what they would like to discuss and in order to move forward from the roundtable there must be a majority vote amongst the City Councilmembers. A Councilmember wanted to revisit this ordinance and it had the support of three Councilmembers which is why it came back before the City Council. City Council Minutes – May 9, 2022 8 Councilwoman Rehm stated the previous year she was not satisfied with the proposed ordinance as she thought it was too broad. She received a lot of feedback and spoke with many residents about the issue. She wanted to revisit the ordinance but to narrow it down to boats only. She is appreciative of the Planning Commission for going through the process because it is helpful to the City Council. Councilwoman Rehm does not own a boat nor does she plan to but living in Minnesota with all the lakes and living in Chanhassen with their beautiful lakes, she does not want to prevent people from being able to go on a boat ride. For example, if one wakes up and it is a beautiful day, to be able to get the boat from the driveway and be able to take it out on the lake is great. She does not think boats in a driveway are aesthetically unpleasant to look at, but she appreciates people writing and saying it is an eyesore. She noted this is Minnesota and for the most part they are pretty tolerant of boaters and boating. Councilwoman Rehm shared they received some emails about property value going down and she does not see that being the case. This is a living, breathing, active community and having access to a boat on one’s driveway makes sense. She hopes neighbors will work with one another to make it pleasant. Councilman Campion supports the ordinance because he thinks it is a reasonable use of one’s property, especially given the City of Chanhassen has five public boat launches and possibly more. It is reasonable to want a boat and have the opportunity to store it on their property. He thinks the current ordinance that allows side yard storage is more of an eyesore, and noted all of the neighboring cities allow for parking boats in driveways in the summer. He also thinks it is perfectly within the right of the HOAs to restrict the parking of boats. Councilman Campion thinks the ordinance has been difficult to enforce in the past and for the stated reasons he is in support of the proposed amendment. Councilwoman Schubert read every single email that was sent, she pondered it a lot, and thinks she swayed a little more this time around than the last time. For her personally, it comes down to reasonable use of one’s own property and the fact that there are a lot of HOAs that are allowed to make their own rules and there are plenty of residents who choose not to live in HOAs for greater use of their own property. This is Minnesota, the Land of 10,000 lakes, and there are so many people who like to enjoy the lakes and she does not want to detract or make it harder for people to enjoy the lakes on a regular basis. She noted many people do not have the ability to park on the side or back yard due to the configuration of the lot. Councilman McDonald voted against this previously and has not heard anything showing that someone with a boat has a kind of hardship that someone who owns a camper also does not have. In the reasoning that the City/State has lakes so therefore everyone should have boats, he noted people have campers and there are campgrounds around lakes so people should be able to store campers also. He believes what was passed previously was the right approach to all of this, and in looking at the emails it is the same arguments coming up and nothing has really changed. At this time, Councilman Campion has not seen anything to show that boaters are a more put-upon class than anyone else is. If they pass this he feels it is very unfair to other residents within the community and therefore he would not support it. Mayor Ryan voted against it previously and she is still against it for reasons similar to Councilman McDonald’s comments. Public comments included property rights, costs associated with boat storage, whether storage is tastefully done which is subjective to manage, and City Council Minutes – May 9, 2022 9 enforcement. In terms of property rights, the City has ordinances and codes in place for the betterment of the neighborhood and community and she does not believe it is an infringement on property rights to ask property owners to store a boat in the side or back of their yard. She noted any size boat can be in the driveway of even a very small lot which Mayor Ryan thinks is burdensome to neighbors. She does not think the cost of boat storage is the City’s responsibility. This ordinance has been in place for 30+ years. She spoke about enforcement and if they want to have a City that enforces Code violations more aggressively, she thinks that is a decision the City Council should reevaluate. She thinks April to October is absurd as that is not summer here. There are still road restrictions in April, it can snow, and now there would be boats in driveways for the majority of the year. Mayor Ryan is opposed to all storage but does not know how the City can say yes, boats are allowed but not trailers or campers. She thinks this would open up a situation they are not prepared for and will be voting against the ordinance change. She asked regarding the time frame whether there is flexibility in changing the dates from Memorial Day to Labor Day. Councilman McDonald moved, Councilwoman Rehm seconded that the City Council approve the proposed amendment to Sections 1-2 and 20-909 of the Chanhassen City Code concerning the outdoor storage of watercraft on residential properties between April 1 and October 1. Motion carried with a vote of 3 to 2. Councilman McDonald and Mayor Ryan voted nay. COUNCIL PRESENTATIONS. Councilman McDonald noted the previous Friday night was the Chanhassen Annual Fire Dinner where they announced the Fireman of the Year and gave out numerous awards for those retiring. The professionalism and enthusiasm these firemen have for their jobs always amazes him and makes him proud of the Fire Department. Mayor Ryan agrees it was a great night. Councilwoman Schubert had the honor of being there for Arbor Day with Councilwoman Rehm. She gave a big shout out to the Boy Scout and Girl Scout Troops and residents that were there helping out. A lot of trees were planted and she thinks everyone learned something new that day. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. 1. Arbor Day Foundation Letter 2. Vantage/Momentum Building Groundbreaking Invitation 3. 2022 Building Permit Activity - April Year-to-Date City Council Minutes – May 9, 2022 10 Councilman McDonald moved, Councilman Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:35 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk