CC VER 2020 07 13CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2020
Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag led by Boy Scout Daniel Bozanich.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Tjornhom, Councilman
McDonald, Councilman Campion, and Councilwoman Coleman
STAFF PRESENT: Heather Johnston, Jake Foster, Charlie Howley, Kate Aanenson, Greg
Sticha, Jerry Ruegemer, George Bender, and Roger Knutson
Mayor Ryan: Good evening again everybody. Thank you for joining us tonight. For the record
we have all of our council members present this evening so our first action is our agenda
approval. Council members are there any modification to the agenda as printed? If not we will
proceed with the published agenda.
PUBLIC ANNOUNCEMENTS:
Mayor Ryan: There’s a couple public announcements not on the agenda but a few things I’d like
to say real quickly. I’d like to welcome our Interim City Manager Heather Johnston. This is her
obviously her first council meeting with the City of Chanhassen but she has been with the City of
Burnsville for a number of years so this is definitely not her first rodeo but we’d like to welcome
Heather and let her know that we’re glad that she’s part of the team. She’ll be a great asset to
leading the charge as we look for an interim, or a full time city manager and really appreciate
your leadership and communication so far so welcome aboard. Next I’d briefly like to address a
question that has been directed at me over the past couple of weeks and I’m sure has been
directed at some other council members and that question is about whether or not Chanhassen
will be mandating masks. As I have exchanged emails and spoken with many of you, all with of
course varying opinions and very strong opinions on whether we should or should not mandate
masks. It has been a topic that is not yet been discussed by City Council. It has been the
practice of this council since the beginning of our emergency declaration to strictly adhere to the
guidelines and executive orders coming from the Governor’s office. As we know Governor
Walz has been very intentional and aired on the side of extreme caution with the many executive
orders that have been issued by his office and there has not yet been a mandate so at this time
we’ll continue following what the recommendation has been by the Governor and adjust
accordingly as things may change and from my understanding they may take it under
consideration this week. There is a couple things that I’d like everybody to note. That while a
city mandate has not been issued we do encourage those that are coming into any of our public
facilities to wear a mask and we also encourage and support our local businesses to make the
recommendations that they deem appropriate for their businesses to keep their patrons safe. And
finally if there’s anyone here, any council member that wants to add this topic to a future
Chanhassen City Council – July 13, 2020
2
discussion or meeting obviously can do so and for the public as I’ve said in the number of
conversations that I’ve had on the phone and email exchanges, that if you want this topic
discussed by City Council we do have a form called the Citizen Action Request form. It was
used tonight by Daniel who is going to be joining us later. Any resident can fill out this form
and that’s a topic of discussion that then the City Council would take under review so the form is
on our website. We have hard copies here and I welcome anybody to take that to utilize that
form if there’s a topic that you would like us to discuss.
CONSENT AGENDA: Councilman Campion moved, Councilman McDonald seconded to
approve the following consent agenda items pursuant to the City Manager’s
recommendations:
1. Approve City Council Minutes dated June 22, 2020
2. Receive Planning Commission Minutes dated June 16, 2020
3. Receive Economic Development Commission Minutes dated May 12, 2020
4. Resolution #2020-44: No Parking Pioneer Trail for Chaska Mountain Bike Park
5. Resolution #2020-45: Establish New Polling Place Location for the 2020 Elections
6. Award Downtown Pavement Marking Contract
7. Resolution #2020-46: Appoint Election Judges for State Primary and General Elections
and Approve Rates of Pay
8. Award Contract for Lift Station #17 Rehabilitation
9. Resolution #2020-47: Approval of Bond Proceeds Reimbursement
10. Approve City of Chanhassen COVID-19 Preparedness Plan
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: DANIEL BOZANICH CITIZEN ACTION REQUEST.
Mayor Ryan: We did have a form that was submitted. Daniel if you’d like to come up to the
podium please. After you did such a nice job leading us in the Pledge. So welcome. So if you
want to come to the podium and if you wouldn’t mind just stating your name and address for the
record please.
Chanhassen City Council – July 13, 2020
3
Daniel Bozanich: Okay my name is Daniel Bozanich and my address is 17855 Live Lane, Eden
Prairie, Minnesota.
Mayor Ryan: Great, thank you. And if you want to go for it. We saw the form but if you want
to explain it to us that would be great.
Daniel Bozanich: I also have a handout.
Mayor Ryan: Oh perfect. If you want to hand it to Councilman Campion he’ll pass them along,
thank you. Alright go ahead.
Daniel Bozanich: So as I said my name is Daniel Bozanich and I’m from Troop 347 in Eden
Prairie, Minnesota and I’m doing an Eagle project and my beneficiary is Chapel Hill Academy
just down the street. So part of the project is lighting up their flag pole and so the light I’m
choosing is a solar light that would go on top of the flag pole and I chose this particular light
because it will light up the flag pole better than a ground light that’s solar. And the problem is
the flag pole is 25 feet tall or so and I can’t reach the top of the flag pole so I need help of the use
of like a cherry picker or something to get up to the top of the flag pole and the school has a good
relationship with the fire department so I contacted them and they said they were willing to do it
as long as I got council approval.
Mayor Ryan: Awesome, very cool. And so the flag, you’ll get the light on top of the flag pole
and then it shines down.
Daniel Bozanich: Yes.
Mayor Ryan: Okay, and there’s obviously no issues with the height requirement or lighting
anything. How long, so this is through for your Eagle Scout project.
Daniel Bozanich: Yes.
Mayor Ryan: And you worked with your school to come up with this idea because if we’re
going to have the American Flag lit 24 hours a day, which is awesome, council do you guys have
any questions or thoughts for Daniel or comments? Go ahead Julia.
Councilwoman Coleman: Well thank you Daniel for your bravery to come speak before council.
I can’t imagine being your age and having the guts to do that. Bonus points to parents in the
room. I just had a son and I would be so proud if mine were standing up here doing that so you
know this has my support.
Mayor Ryan: Dan, Jerry, Bethany. Bethany?
Councilwoman Tjornhom: Good evening Daniel, how are you?
Chanhassen City Council – July 13, 2020
4
Daniel Bozanich: Good.
Councilwoman Tjornhom: Good. So did Chapel Hill approach you? Do you attend Chapel
Hill?
Daniel Bozanich: I used to attend Chapel Hill through 8th grade. I’m in 10th grade right now so.
Councilwoman Tjornhom: Okay, okay. And did you come up with this plan all on your own?
Daniel Bozanich: Yeah when they came to me I came up with it.
Councilwoman Tjornhom: And do you have a special skill or talent that would allow you to
come up with such, are you an engineer?
Daniel Bozanich: No, I mean I just thought it would be pretty nice. That would be a way to
light up the flag pole.
Councilwoman Tjornhom: Okay. Alright well thank you so much. It’s a great project.
Mayor Ryan: Go ahead Dan.
Councilman Campion: Daniel great job. This is a great idea. Good job taking the initiative and
reaching out to the school and the fire department and having the courage to come before us so
you did a good job.
Mayor Ryan: Councilman McDonald?
Councilman McDonald: Well welcome to the council. I appreciate you coming. You know
every year we get at least one boy scout, sometimes two and they come up with the most
amazing projects and I think this fits right into that category and I know that every one of those
projects, you know the City has benefitted from so I really appreciate the idea you came up with.
I think it’s something that will lighten up the corner so thank you and yeah I’ll support 100
percent and I’m glad to hear the fire department’s already agreed to do it and supports it so I say
let’s get her done.
Mayor Ryan: Awesome. Does the fire department want to make any comments or just the
nodding of the head?
Fire Department Representative: We’re onboard and we’re proud…
Mayor Ryan: Well Daniel I think you have all of our approval. We’re all very proud of you.
We appreciate you taking the time to put together this presentation. Coming before council.
Chanhassen City Council – July 13, 2020
5
Going through the necessary steps with you know talking to the fire department and we’re all
very proud of you and glad that the American Flag will be lit 24 hours a day so congratulations.
Good luck and we’ll definitely want to see an update once it’s, when it’s lit and you’re standing
down below so congratulations to you and you have all of our support.
Daniel Bozanich: Thank you.
Mayor Ryan: Yep thank you. Alright are there any other visitor presentations for tonight? Sir if
you would step forward.
Richard Hamblin: My name’s Richard Hamblin, 340 Sinnen Circle here in Chanhassen and I’m
here to address the assessments that were mailed to us and on your chart that you had here earlier
you had Marsh Drive outlined as one of those projects and I think it was something like
$850,000 to repave it. They filled our potholes and we get potholes every year which is pretty
typical.
Mayor Ryan: Sir is this for, sorry to interrupt. Is this for our road, one of our road project
discussions?
Richard Hamblin: Yes. Yes.
Mayor Ryan: So when we get to that we’ll have the public hearing and at that time if you want
to come forward.
Richard Hamblin: Oh okay so I’m out of order. Okay.
Mayor Ryan: Just a little ahead of schedule. But yes when we have the public hearing and I open
up the public hearing then just come forward and state your name and address again please.
Thank you. Other than that any other visitor presentations? Okay.
APPROVE A REQUEST FOR VARIANCES TO PERMIT CONSTRUCTION OF A
BUILDING ON AN OUTLOT AND FROM THE STANDARDS GOVERNING WATER
ORIENTED STRUCTURES AT 3920 WHITE OAK LANE.
Mayor Ryan: So next we have old business and Ms. Aanenson you’re up first for the variance.
Kate Aanenson: Thank you Mayor, members of the City Council. I’m not sure the applicant’s
in here. I think he might be in the other room. Mr. Lundeen?
Mayor Ryan: Mr. Lundeen if you’re in the senior center if you want to come into the council
chambers please. We should start hearing footsteps soon. So for those of you that are viewing at
home and even those in the council chambers.
Chanhassen City Council – July 13, 2020
6
Kate Aanenson: There he is.
Mayor Ryan: Come on in. We for social distancing rules and capacity in this room we have
limited numbers allowed in the chambers and so our overflow seating is in, is in the senior center
so throughout tonight as we have applicants and folks here for the public hearing there may be a
little bit of a delay but that’s just because we’re waiting for people to come into the chambers.
But welcome and go ahead Ms. Aanenson.
Kate Aanenson: Thank you. This item did appear before the Planning Commission on June 16th
for the public hearing and then the City Council here we are tonight so the variance is to build a
building, constructed on an outlot and a second water orientated structure. So the property is
actually split by Minnewashta Parkway. When this subdivision on White Oak Lane was created,
we put that in an outlot because the County wouldn’t record it as one tax ID because of the
division between the two. Typically we put an outlot in the area to make sure that the house
doesn’t get put on there. Sometimes one property will go tax forfeit or the like, more than likely
not in this circumstance but typically we don’t allow out buildings on outlots. So this property
again is split by the road and it’s currently used as their beachlot. As you can see here this would
be the beachlot property. I’m going to go back and grab my red pen here. So this is the beachlot
property. The existing house so they cross the street so the purpose of the structure right now,
water orientated structure, our ordinance allows one and the purpose of having the building
would then be to not have to haul the things across Minnewashta Parkway. So here’s the outlot
as it exists now with the dock and the boat, fire pit and proposed structure. So the reasons that
they requested for the hauling equipment back and forth and just the screening of the shed by the
vegetation so we did get some comments on that and they felt like it was in good taste. I think
some of the planning commissioners were concerned about people on the lake are concerned
about water orientated structures and some planning commissioners felt that maybe is over reach
and some planning commissioners felt that it is a good thing to regulate this. So the city code
building an outlot again typically don’t do that. They do allow water orientated structure. The
applicant was asking for something a little bit larger. The staff is sticking with our typical 250
square feet. The Planning Commission split on this for the reasons I described earlier so it was
3-3. Because it wasn’t a super majority under our rules of variance process it would then
automatically get appealed to the City Council. Again the staff felt staying within the 250 square
feet of the water orientated structure seemed consistent with existing policy. So again the
Planning Commission split 3 votes so here we are with the appeal process so the staff is sticking
by it’s original recommendation and there was one email in favor and then there was another
email that was concerned but after they got some more information they withdrew their objection
to that. So again this is isn’t a public hearing. This is just an appeal process. The applicant is
here but we’re, we are recommending our original which was the not to exceed the 250 square
feet for the structure, water orientated structure. So with that I’d be happy to answer any
questions that you may have.
Mayor Ryan: Council any questions at this point? Go ahead Councilman McDonald.
Chanhassen City Council – July 13, 2020
7
Councilman McDonald: Who actually owns the lot?
Kate Aanenson: Mr. Lundeen.
Councilman McDonald: Okay so it is his lot?
Kate Aanenson: Yes.
Councilman McDonald: Okay.
Kate Aanenson: But the County wouldn’t put it under one tax ID.
Councilman McDonald: Okay. Thank you.
Mayor Ryan: Ms. Aanenson I know there were some conversation at, you know at the Planning
Commission in terms of the, because right now you talk about the two structures and obviously
the one was put in before there were any shoreland guidelines, right?
Kate Aanenson: Fire pit.
Mayor Ryan: The fire pit. And then in terms of size, I don’t know if the applicant was asked
this question or it was just brought out about you know in order to meet the size of the storage
unit that he needs for some of, or they need for some of their materials if they change some of
their, it’s really hard cover right? It’s just that they have.
Kate Aanenson: Yeah.
Mayor Ryan: So if they change some of the hard cover to accommodate the size increase, was
that something that the applicant agreed to or didn’t want to go through that.
Kate Aanenson: I think they want to stay with their same. We’ve actually provided both
motions for you if you want to do it so he was asked to reduce the square footage to be consistent
so.
Mayor Ryan: Okay.
Kate Aanenson: You can ask him directly if you.
Mayor Ryan: Alright I will in one second. And are there any other, you said there’s no other
cases in, on Minnewashta that have any overages?
Kate Aanenson: No. I wouldn’t say that.
Chanhassen City Council – July 13, 2020
8
Mayor Ryan: Okay.
Kate Aanenson: We have a number of non-conforming beachlots on most of the lakes that we’re
going back to the early 80’s so we have permitted those and they are legal non-conforming so,
and since they are legal non-conforming we’ve added the conditional use. Some of them want to
do canoe racks. Some of them also want to put in the portable bathrooms for the summertime for
use so yes there are some that exceed that.
Mayor Ryan: Okay. But and I’ll invite you up because I think one of the questions is, and I
know concerns for lakeshore properties is that you know what is it going to be used for. Is it you
know strictly for storage? Is it going to be for bathrooms? Is it a boathouse with bars, etcetera,
etcetera or is this really a storage unit that because of the fire pit area they’re 90…
Kate Aanenson: That’s a great question because they’re all different types of uses. Some of
them are for boat storages and some of them have plumbing and the like right.
Mayor Ryan: Right exactly. So if the applicant wants to come forward and state your name and
address for the record please.
Chad Lundeen: Yes thank you for having me, Chad Lundeen, 3920 White Oak Lane in
Excelsior, Minnesota.
Mayor Ryan: And if you want to answer a couple of the questions that I just asked in terms of
use primarily.
Chad Lundeen: Yes so primary use would be for storage and I think they had written up the
report and given a pretty good summary of the reasons that we’re trying to justify that was you
know safety of our little ones crossing the parkway without having kayaks and paddleboards and
things in your hands. Number two just security of the items. To get them under lock and key
because the public beach is right there and pretty well within eye sight. So that’s probably the
main thing and just really the convenience of it from it’s about a 300 foot walk from the front of
our garage down to the waterfront so to haul them back and forth is quite a task.
Mayor Ryan: And across Minnewashta Parkway?
Chad Lundeen: The parkway correct, yeah.
Mayor Ryan: Okay, okay.
Chad Lundeen: And we live right on where it’s a curve so there’s a lot of times where we’re
stepping out to cross with the kids and then here comes a car zooming and we have to step back.
Mayor Ryan: Right.
Chanhassen City Council – July 13, 2020
9
Chad Lundeen: So we try to be really cautious with the little ones because we’re there.
Mayor Ryan: Okay. And currently do you leave your, the kayaks and paddleboat and what not,
that just is left outside right now?
Chad Lundeen: Good question. We’ve done a little bit of each. We’ve tried to go back and
forth when we can. Often times if there’s not two adults to help with that then we may leave
them down there overnight and just kind of take our chances. And then you know as we put
things away sometimes we’ve been putting them in the boat and up on the lift to just kind of hide
them but you know we see people swimming right there watching us do it so if they so desired
they could come and take it that evening.
Mayor Ryan: Okay. And again I know I should say primary, secondary. The only use is going
to be for storage?
Chad Lundeen: Correct, yep. No entertainment and no plumbing and electric or anything like
that.
Mayor Ryan: Right okay thank you. Council do you have any questions of the applicant at this
time? Go ahead Councilman McDonald.
Councilman McDonald: Well as you can tell what came back from the Planning Commission
evidently tied on all of this. Staff’s only recommending 250 square feet. Can you live with 250
or why do we need to go to 340?
Chad Lundeen: Sure good question. So as a part of this process we learned that we were already
in violation. We purchased the place one year ago and then found a need for this storage shed
and when we applied for the variance we found out that the patio blocks and the fire pit was
already at 260 so we said we are willing to adjust that and get the, and we’re flexible on the size
of the shed. We just chose 8 by 10 for the request simply because we have a paddleboard that’s
11 feet long and we thought we could get it inside there if we angled it. If that makes sense. We
also just thought like it’s really a shame to have a nice fire pit and patio block and tear that up
and have it look worst than it was just to get the shed which we felt like there’s a need for that
shed. Does that answer your question?
Councilman McDonald: Well yeah I think you clarified something for me. I was thinking the
shed was 340 square feet but you’re talking about the variance for the area you want to have with
hard surface.
Chad Lundeen: Right. So 8 by 10 shed or something similar and then the existing quote
unquote structure is patio block and fire pit which I guess I would argue and the reason that one
of the council members from the Planning Commission brought the motion to pass for all 3 was
Chanhassen City Council – July 13, 2020
10
he said I’m looking at the picture from their dock or from the lake and you wouldn’t know
there’s anything existing right now. You can stand on the dock and you don’t see the patio at all
other than maybe a couple rocks around the fire pit so as far as setting the precedent, I know you
have to protect that and be careful not to bend all the rules, but I don’t think if we, especially if
we tuck that shed under the greenery, I don’t think you’d have a lot of people on the lake saying
hey how come they got to have multiple structures. They don’t realize there’s one there to begin
with as a patio. Does that make sense?
Councilman McDonald: Yeah that makes perfect sense. I understand a little bit better now. The
shed size you’re talking about is really kind of a minimal shed size.
Chad Lundeen: Very minimal.
Councilman McDonald: In order to make all of this and then as far as the additional square
footage, well that’s made up by the patio block and the fire pit and in order to get down to the
250 thing you’ve got to start tearing stuff up and at that point you no longer will probably have
two concentric circles. You’ll probably have something else so okay, I understand what it is
you’re looking for. Thank you.
Chad Lundeen: And at the last meeting we did say that we were willing to, probably the fire pit
would be what we’d take up just because the paver stones would probably be the easiest to pick
up.
Emily Lundeen: I’m his spouse.
Chad Lundeen: My wife.
Emily Lundeen: Sorry, we had hockey.
Chad Lundeen: Running little ones around.
Mayor Ryan: Go ahead.
Councilwoman Tjornhom: Excuse me if I didn’t see the staff report but are there any details
about the architecture of the shed or the materials that are going to be used?
Chad Lundeen: No.
Councilwoman Tjornhom: Are there any stipulations about that?
Chad Lundeen: We were just, we gave a couple photos of something that we thought we might
try to put in there and we didn’t want it to be a junky looking tin shed.
Chanhassen City Council – July 13, 2020
11
Councilwoman Tjornhom: Well that’s what I’m concerned about…something like Flamingo
Pink something.
Emily Lundeen: Ideally it would match our house like in color and trim as best we could so it
would be, no it wouldn’t be plastic.
Chad Lundeen: I think first and foremost we don’t want it to be something that is seen.
Councilwoman Tjornhom: But we don’t have anything put in the report or conditions with that?
And I trust you but I’m just , I’ve seen a lot of stuff.
Emily Lundeen: And we have too. It would be as classy as a shed can be. I’m not if it can be
but we will try.
Mayor Ryan: Could you just say your name as well for the record?
Emily Lundeen: Sorry Emily Lundeen. Sorry.
Mayor Ryan: That’s alright, thank you.
Chad Lundeen: Yeah and we would like it to even have like little flower box with the window or
something that looks cute if you can see it at all. We really want it to be hidden.
Kate Aanenson: So you could certainly add architectural…
Councilwoman Tjornhom: No and I don’t want to, I just it’s a little, you know when you’re just
allowing someone a shed, everyone has their bubble of what a shed looks like and just to be
courteous to your neighbors and somebody else to make sure it does fit in.
Emily Lundeen: And I’m not sure if Chad said this but I grew up on a lake and he grew up at the
cabin so we, we very much take like…seriously. We totally get why these variances are there.
Like we’re not trying to make our lakefront look anything more than what it is. We just also
want to be a little more functional for the situation that we’re in with an outlot and I’m sure you
all went through all that too so I mean we totally get it. We’re not, we’re new on our lake but
we’ve, we’re very familiar with what it can look like and why we wouldn’t want it to look like
that.
Chad Lundeen: It’s a little bit what bothers us now is when we do leave the paddleboards and
everything down there it’s sitting out and just doesn’t look clean and neat and we’d prefer it to be
behind doors until you want to use that item and bring it out.
Mayor Ryan: Okay thank you. Any other questions council? Alright thank you.
Chanhassen City Council – July 13, 2020
12
Chad Lundeen: Thank you.
Mayor Ryan: Appreciate it.
Chad Lundeen: Appreciate your time.
Mayor Ryan: Council any discussion on this item? Anybody?
Councilman Campion: I’ll make a motion.
Mayor Ryan: Okay Councilman Campion.
Councilman Campion: The Chanhassen City Council approves a variance to permit a building to
be constructed on an outlot, approves a variance for a second water oriented accessory structure,
and approves the variance to request to exceed the 250 square foot water oriented accessory
structure size limit, subject to the conditions of approval and adopts the attached Findings of Fact
and Decisions.
Mayor Ryan: Alright we have a valid motion. Is there a second?
Councilman McDonald: We have a valid motion and a second.
Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City
Council approves a variance to permit a building to be constructed on an outlot, approves
a variance for a second water oriented accessory structure, and approves the variance
request to exceed the 250 square foot water oriented accessory structure size limit, subject
to the following conditions of approval and adopts the attached Findings of Fact and
Decisions:
1. No trees, shrubs, or native vegetation shall be allowed to be cleared for the grading or
construction of the building.
2. The applicant must apply for and receive a zoning permit.
3. The installation of the shed shall not encroach into any recorded drainage and utility
easement associated with the outlot.
4. The combined area of both water oriented accessory structures may exceed 250 square
feet.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0. Thank you.
APPROVE REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA
PUD.
Chanhassen City Council – July 13, 2020
13
Mayor Ryan: Alright Ms. Aanenson I believe.
Kate Aanenson: If we can call in the next applicants please.
Councilman Campion: Now paging.
Mayor Ryan: The applicants for I think they’re here. Or there they are. One more coming?
Mark, welcome. Ms. Aanenson go ahead.
Kate Aanenson: Thank you. As you recall we discussed this at your last work session. We kind
of went through the updates from the Level 7 Development. This item did appear at the Planning
Commission for public hearing on June 20th and here we are today. Again just a reminder that
this is the 118 acres just south of Lyman Boulevard and immediately west of Powers Boulevard.
We put some of the background in there. Not even including the AUAR but we’ve been working
on this specific plan with this development team, this LLC group since 2017 and we’ve gone
through a lot of iterations but I’m really pleased as we’ve gotten to this level of, no pun intended,
that we’ve kind of worked through a lot of things. I think sometimes having that space in there
kind of refines some things that making it a better project. So the summer of this request tonight
is two fold. One is to rezone it to the PUD Regional Commercial and then also to approve the
preliminary plat. So if you recall at your last meeting as a part of the, at your last meeting we
approved, one of the things that needed to be amended and that was the city code allowing for 30
percent residential. As we went through this we decided as a group that really the residential is
going to be the driver for the other office a nd the retail so we needed to make that change first so
I’ll go through a little bit more detail on that. So that’s one thing is the PUD will be changed and
then also approving the preliminary plat. The 2017 approval process, we approved all the
wetland alteration permits and then we also granted conditional use for the Bluff Creek Overlay
for development within the Bluff Creek Overlay District and that was to allow the continuation
of Bluff Creek Boulevard. So the driver on this is the development table. I think the Planning
Commission got a little bit confused because we were kind of comingling the PUD density in
this but this is the layout of the plan and so each project within this plan comes back through the
entire process. So it will be measured up against the PUD standards that we put in place. The
design guidelines and so each project will have an opportunity for a public hearing before the
Planning Commission and then you ultimately see it too but this lays out again the square
footages, densit ies and the particular uses and the road layout and I’ll go through that in a little
bit more detail too but again we do have a mix of housing in there and that’s mostly on the
western side of the development. So the first thing is then consistency with t he rezoning to PUD.
As I mentioned earlier we put, did only one, there’s only one regional mall in the city. I think
the Planning Commission was concerned that we were going to drop another 30 percent up to
600 units somewhere else in the city. We don’t have that zoning anywhere else then you’d have
to grant that approval and re-guide something so this would be the only place where we’ll have
this type of PUD development. So the design standards as I mentioned earlier really drive this
document. So the y’re tied to the plat which we’ll talk about in a minute. They’re tied to the
Chanhassen City Council – July 13, 2020
14
development plan which I just showed you and then Avienda has their own design guidelines so
they kind of all work in tandem so they again we went through some of the things that seemed a
little bit more restrictive and tried to build a little bit of flexibility in those. As we know we
really capped the square footage of certain uses which we can’t really predict 3, 4, 5 years out so
we try to build in some flexibility so we didn’t have to come back and be amending it all, all the
time and I think everybody felt comfortable. The Planning Commission did. Staff and the
developer had some good ideas and I think moving forward we’re in a good place. So the
district master plan aga in kind of breaking down how the development may come about. So if
you’re looking at the colors on here, the retail district moved to the north. That was one of the
biggest changes on this project which the developer mentioned or went through in their last one
so the retail is now on the north side which really reduced the grading so there’s a large retaining
wall on that south end which is no longer there so now we’re able to use the footprint and have
the underground parking and the retail on the north side also will have, be somewhat recessed
from Lyman Boulevard as that grade is quite a bit higher. Multi-family housing again will be
adjacent, that’s area number 4 adjacent to Lyman Boulevard and then we’ve always stated that
there’d be transitional low density housing, smaller lots, single family lots adjacent to the
neighborhood immediately to the west. I have a multi-family housing project against that Bluff
Creek area proposed right now is potentially senior housing. Again taking advantage of the area
in the preserve there for the Bluff Creek Overlay District. And then the mixed use district, that’s
where there will be a hotel and a lot of the office and some other support retail. And then
number 2 area is the village concept. That’s where the largest apartment building would be and
then a lot of the other kind of specialty retail and additional restaurants so again as the developer
mentioned more than likely the housing might come in first but they can all go independently.
The main thread to make this all happen is the continuation of Bluff Creek Boulevard as it goes
from Powers Boulevard continuing east to west. So as I mentioned the PUD ordinance works
with the design guidelines. Those were included in your packet and we spent a lot of time going
through refining those. Again making sure that they met the high architectural standards that we
talked about before. Again meeting some flexibility for individual retailers that have their own
branding and how they work within those design guidelines so I believe this is really, more time
to think through as we were working through the big project so very pleased with the changes
that were made.
Mayor Ryan: Kate can I.
Kate Aanenson: Yeah go ahead.
Mayor Ryan: Or Ms. Aanenson could I interrupt you real quickly?
Kate Aanenson: Yes.
Mayor Ryan: And when you talk about flexibility, I mean I think that word always makes
people nervous. So when you say with different retailers bringing in their own brand. They’re
Chanhassen City Council – July 13, 2020
15
still, you know the building itself is still under the same guidelines but if they have some element
that kind of identifies that their brand that’s what’s allowed.
Kate Aanenson: That’s a great way to say it.
Mayor Ryan: Okay.
Kate Aanenson: That’s a great way to say it or some signature item that would, that lets you
know it’s their’s and also in the signage, that will be one of the things too but thank you for
commenting. That’s a better way to say it, yep. So the sign plan we spent a lot of time on too.
There was a couple of large signs along this bottom, this retaining wall along here and then some
flags that were along there too so those all have been changed up so I think it’s a lot more
tasteful coming up from the south when you’re actually seeing the buildings themselves as
opposed to what would have been in the back that would have been service. Because more of
the retail would have had more of the service drives there so I think architecturally it’s going to
be more pleasing to see office and that look and then also that big retaining wall’s gone. So if
you’re looking at all these sign factors here, so these are all laid out and those are the kind of,
because this would be the largest retail center besides the downtown. It has well thought out
signage and so that again we took another look see at that and made some changes on that. The
materials stay the same. So there’s different types of way finding signs. Kind of the major
tenant signs and then a monument signs and those are all specifically placed and already
identified so that makes it easier when the developer’s looking at the property know what’s laid
out in front that’s different than what they would get from just their own wall signage but these
area just kind of that way finding. So the one thing we did agree to is making the one larger
sign, Avienda. Giving that sense of place as you’re coming up on 212 to be able to see that and
that was, this is the view shed so you get an idea that it’s not perspective because it sits back
quite a ways. I’ll help you find it right there. So that was one of the things that was brought up
and I think that’s much more tasteful than having all those flag signs that were on there before.
And then this would be the other larger sign which would be at the entrance coming in off of 212
crossing into Powers and then also coming, you can see that then here illustratively. That would
be like that so that’s kind of your gateway sense of entry there. Sense of arriving at a place. And
this would be the other entrance coming in from the other side of Bluff Creek Boulevard coming
in from the neighborhood side. Again the sense of place and then the way finding or the
directional signs. So this is what we talked about with those individual kind of the signature
trademark kind of signs. That’s where they would show some of their character. That might be
some of the awnings and that sort of thing too. So that’s the PUD in itself. So we’ve got those
rules put in place which are unique attributes to that project. Then the second part of the
application is the preliminary plat. So this plat now has 19 lots and no they didn’t acquire more
land they just split them up differently. Again the preliminary plat, you can combine lots but if
they were to subdivide another lot in the future some revision would then have to come back to
you but if they combine lots, if they get a bigger user and they thought that that can be
accomplished administratively but they’ve identified all those lots for the uses that they’ve
shown on the original development plan. So again Bluff Creek Boulevard is what they talked
Chanhassen City Council – July 13, 2020
16
about at the work session. This is the big lift right here is getting the grading for all that and then
getting this main thread. So these are the two main threads and one of the big changes that they
talked about was not making this continuous loop all the way around the project. So for the
engineering part of it, you can see the differences from the original project. The complete loop
and now it doesn’t go all the way through so. And then utilities.
Mayor Ryan: Ms. Aanenson could you go back to that real quickly again?
Kate Aanenson: Yep.
Mayor Ryan: Because that was one of my questions about that. So now there’s no through road
connecting on the west.
Kate Aanenson: It’s a private street. Yep. There’s a pedestrian map that you asked and I’ll
show that to you.
Ma yor Ryan: Okay perfect.
Kate Aanenson: When we get to the end. I know that was one of your requests.
Mayor Ryan: Thank you.
Kate Aanenson: So the grading, this was the, there was a big, you can see where the red was,
these are big retaining walls so that’s now been eliminated again which I think makes a much
better plan and there will still be retaining walls along Lyman Boulevard as I mentioned.
There’s a big change in grade right there if you look out there now. So that’s I think a much
better plan. Stormwater, they had been working on the stormwater plan. They were trying to get
their grading going so a lot of that trying to accommodate that and working through some
changes on that based on the initial mass grading and then converting those to permanent
structures during the buildout phase. Sanitary sewer and water is all available. And then this is
the pedestrian circu lation plan that you had asked for. If there’s questions on that I’ll let the
applicants talk about that but that was one of the things you had talked about so we’ve got the on
the public street, which is Bluff Creek Boulevard and Bluff Creek Parkway. There’s sidewalks
along that. There’s a continuation through the main core and that’s the highest density and the
highest concentration of the retail and also this side coming through for the pedestrian
connection. So if you had any more questions on those, some of those connections like from the
hotel to the restaurants and the like I’d let the developer speak to that. So with that again the
Planning Commission did recommend approval. We are recommending approval of the
rezoning and the preliminary plat and adopting the Findings of Fact and Decision and with that
I’d be happy to answer any questions.
Mayor Ryan: Thank you. Council do you have any questions? I just have one final question
Ms. Aanenson in terms of, you talked about the retaining walls on the south end. Just the
Chanhassen City Council – July 13, 2020
17
screening. You know obviously the screening is a big issue when you start talking infill
development. We you know are talking about it now with Lennar development and that’s just
housing. Obviously we have houses on the south side of that development and we’re going from
dark space at night to bright lights and buildings and what not so I know you have the big chunk
of the bluff maintained but how about the, where the retaining wall is removed. What type of
screening is there?
Kate Aanenson: I apologize. I didn’t put the landscaping plan in but that was one of the
discussions that we had that they felt strongly about was the continuation of the landscaping
through Bluff Creek Boulevard is one issue. We’ve had some problems maintaining it but
they’re willing to take that over and still put that in. We’ve talked about the transition up on the
top. There will be landscaping on that and then also as we look, that was one of the things we
talked about where I did have the retaining wall doing some treatment on the top or the bottom
so I think that would still be, each project as it comes in would then also have to meet that but
there are some framework landscaping that they’d have to match up to. Just like we do with a
subdivision.
Mayor Ryan: Right.
Kate Aanenson: There’s the overall landscaping plan that they’ll have to follow and securities
for that, yeah.
Mayor Ryan: Okay because I’m thinking of, and I can’t think of the neighborhood but the
Lennar development that’s down on the southern part. I just want to make sure that when, you
know when that, I don’t know what phase it is. I didn’t pull it up on mine. Phase 3 I think it is.
Kate Aanenson: Oh you’re talking about on this phase?
Mayor Ryan: Or district I should say district.
Kate Aanenson: Yeah.
Mayor Ryan: Oh there it is. Yeah so for District 3 along that southern part just want to make
sure that there’s enough screening because that, does that not abut at all to the neighborhood or is
it angled enough away? Maybe it’s angled enough away.
Kate Aanenson: Yeah so the one that’s going to have the most impact is the low density one.
Mayor Ryan: Okay.
Kate Aanenson: Yep and we’ve talked about working with that neighborhood regarding
matching some of the grades. That’s going to be a future discussion because there’s some
Chanhassen City Council – July 13, 2020
18
drainage issues on the back there but certainly that, when they come in with that plan they’ll
show the landscaping for that.
Mayor Ryan: Okay.
Kate Aanenson: But this one actually is sitting up a little bit higher and it’s actually overlooking
if I can go to this, we had that illustrative slide here. Actually overlooking kind of the right -of-
way, MnDOT right-of-way.
Mayor Ryan: Okay so it’s angled enough away.
Kate Aanenson: Correct.
Mayor Ryan: Okay.
Kate Aanenson: Correct but that doesn’t eliminate still you have the issues on the north side of
Lyman too and just transitioning those buildings and the lights and all that as we look at those
site plans.
Mayor Ryan: Okay. And Mr. Nordland are you speaking tonight? Is the applicant not?
Mark Nordland: They’re just here to answer questions.
Mayor Ryan: I mean I know you’ve been at a lot of our meetings. I know you’re kind of getting
used to…so if you wanted to say something you’re welcome. Council any further questions,
comments or action for tonight?
Councilman McDonald: Madam Mayor I’d be glad to do the proposal for this. I would propose
that the City Council approves rezoning of 118 plus or minus acres from Agricultural Estate
District (A2) to PUD Regional Commercial including Exhibit A, Avienda Design Standards.
And B, the City Council approves the amended subdivision preliminary plat creating 19 lots, 3
outlots, and dedication of public right-of-way as shown in plans prepared by Landform dated
May 1, 2020 subject to conditions in the staff report. And the City Council adopts, also adopts
the attached Findings of Fact and Decision.
Mayor Ryan: Thank you Councilman McDonald. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Ryan: Thank you Councilwoman Tjornhom. With a valid motion and a second all those
in favor please signify by saying aye.
Chanhassen City Council – July 13, 2020
19
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City
Council approves the following:
PUD
The City Council approve the Rezoning of 118+/- acres, from Agricultural Estate District, A-2,
to PUD Regional Commercial including “Exhibit A Avienda Design Standards”.
SUBDIVISION
The City Council approve the amended Subdivision Preliminary Plat creating 19 lots, 3 outlots
and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to
the following conditions:
Engineering
1. If subsequent phases require retaining walls they shall be privately owned and
maintained.
2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical
sections to identify a corridor for installation of private utilities such as power,
communication, gas, etc.
3. The applicant shall show the road profiles and a horizontal alignment table in the plan set
for all public roads prior to final plat.
4. The public roads constructed with this development are: Bluff Creek Boulevard,
Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed
with this development will be privately owned and maintained.
5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers
Boulevard that includes two -lane entry into the roundabout. The city requires this
Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane
only.
6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near
the r esidential areas of development. Specifically, the applicant shall incorporate
pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda
Parkway.
7. Trails and pedestrian walks not located within public right-of-way shall be privately
owned and maintained.
8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median
refuges per the MnDOT standard details.
9. Sanitary and water main structures shall not be located within landscaped medians or
roundabouts. Final review of the location of sanitary sewer mains and water mains, and
their appurtenances, will be conducted prior to final plat and/or permitting.
10. All sanitary and water mains constructed within the right-of-way shall be publically
owned and maintained.
11. Private sanitary and water mains shall inspected and constructed to meet the city’s
requirements for public utilities.
Chanhassen City Council – July 13, 2020
20
12. The developer will be required to complete the water main loop along Lyman Boulevard.
13. Permanent stormwater management controls and the associated permits are required in
accordance with all underlying jurisdictional authorities, including but not limited to the
Riley Purgatory Bluff Creek Watershed District, prior to construction activities.
14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
15. The portion of the development with single-family housing must pay a water and sanitary
service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up
fees would be paid with the building permits.
16. The developer shall work with the Building Department to determine the city SAC and
WAC fees for commercial and multi-family buildings. The hook-up fees for commercial
and multi-family buildings are due with the building permit at the rate in place at that
time.
17. The developer shall adhere to all conditions and comments associated with the Carver
County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any
requir ed funds for the installation or improvement of traffic signals as required by Carver
County.
18. It is the applicant’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT,
Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA,
etc.).
19. A drainage and utility easement shall be placed over any outlots.
20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the city.
Landscaping
1. Parking lot islands shall be linear areas incorporating planting area and stormwater
management.
2. If the applicant chooses to install the minimum requirement sizes of parking lot
landscaping islands, then silva cells, engineered soil or other accommodations must be
used.
3. No more than 20% of the total trees should be from any one genus and no more than 10%
should be from any one species.
4. A reuse watering system should be considered to irrigate all plantings within the site.
5. Drought tolerant plants shall be incorporate into the overall landscape plan.
6. Proposed landscaping plant materials shall be selected based on site conditions.
7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial
areas and a minimum of 30-35% or higher in residential areas.
Chanhassen City Council – July 13, 2020
21
8. Any landscaping located within the ROW shall be covered by an encroachment and
maintenance agreement.
Park and Trail
1. Incorporate meaningful park-like places, including the provision of appropriate recreation
equipment, site furnishings, and landscaping adjacent to residential components.
2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket
trail easement over the entire preserved area to accommodate the installation of natural
surface public trails.
3. Provide an attractive public trail connection from the north entering the Bluff Creek
Overlay District.
4. Incorporate traffic calming into all pedestrian crossing locations.
5. Full park dedication fees shall be collected per city ordinance in lieu of requiring
parkland dedication.
Building Official Comments
1. The buildings are required to have automatic fire extinguishing systems.
2. A final grading plan and soils report must be submitted to the Inspections Divisio n before
permits can be issued.
3. Retaining walls over 4 feet high require a building permit and must be designed by a
professional engineer.
4. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
5. Building plans (when submitted) must include a code analysis that contains the following
information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and
Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls,
Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required
(Common Path, Travel distance), Minimum Plumbing Fixture Count.
6. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
7. Structure proximity to property lines (and other buildings) will have an impact on the Code
requirements for the proposed building, including but not limited to allowable size, protected
openings and fire-resistive construction. These requirements will be addressed when
Chanhassen City Council – July 13, 2020
22
complete building and site plans are submitted.
8. Every building, containing any plumbing fixtures and/or receptors, must have its own
independent connection with a public or private sewer, except that a group of buildings may
be connected to one or more manholes which are constructed on the premises and connected
to a public or private sewer. (MSPC 713.0)
9. The developer must submit a list of proposed street names for review and approval prior to
final plat of the property.
Fire Department Comments
At the time of site plan, review the design for the private street, adjacent to the preservation area
that accesses the Senior Housing and Townhouses needs to accommodate for emergency
apparatus.
Conditional Use Permit
The Conditional Use Permit was already approved and will be reaffirmed with the revised
preliminary plat with City Council approvals.
The Chanhassen Planning Commission recommends that City Council approve the Conditional
Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff
Creek Boulevard subject to conditions in the staff report:
1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the city.
2. The developer shall provide t he city with a management plan for the area and submit to the
city for review.
3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other
property corner and at an angle of deflection greater than seven percent, but in no case
shall they be greater than 150 feet apart.
4. The developer shall not encroach into the Bluff Creek Primary Zone.
5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or
create a 20 foot buffer from the Primary Zone.
6. The bu ffer will be required to have a vegetation management plan and soil amendments.
Wetland Alteration Permit
The Wetland Alteration Permit was already approved will be reaffirmed with the revised
preliminary plat with City Council approvals.
Chanhassen City Council – July 13, 2020
23
The Chanhassen City Council approve the Wetland Alteration Permit to 4.4659 acres of
permanent wetland impacts subject to conditions:
1. The applicant needs to supply the needed additional information to the city. The
additional information is needed to determine if the project meets the WCA requirements.
2. A Technical Evaluation Panel (TEP) meeting is needed to review the application.
3. If the application is deemed to meet the avoidance and minimization criteria of the WCA,
a mitigation plan that adequately replaces wet land functions and values is needed.
4. City staff has reviewed mitigation options. City staff recommends the applicant provide
wetland mitigation via the purchase of wetland bank credits at a rate of 2:1, in accordance
with WCA requirements. This condition has been met - see attachment.
5. The applicant shall contribute $300,000 to the city for water quality improvement
projects within the watershed.
And adopts the attached Findings of Fact and Decision.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0. Thank you. Thank you Ms. Aanenson.
CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD
CONSTRUCTION CONTRACT FOR LAKE LUCY ROAD REHABILITATION
PROJECT.
Mayor Ryan: Alright Mr. Howley you’re up next and the first, we have two public hearings
tonight. One for the Lake Lucy Road project and then obviously we’ll get to the other road
projects next but let’s start with the Lake Lucy.
Charlie Howley: Thank you Mayor, council. Lake Lucy Road Rehabilitation Project and I want
to make sure to distinct that this is a separate stand alone project. We refer to it as the MSA
project. It is not the Lake Lucy Road that’s buried in the next one that we’re going to talk about
which is t he 2020 street recon. This is both consideration of holding an assessment hearing and
considering award of contract. Again tonight’s action. Of course we had a work session where
we talked about some strategies but originally we wanted to conduct a public hearing for the
proposed assessments. We would consider the approval of the assessment roll and then consider
authorizing the construction contract to move ahead. Project area and scope for your review.
This is Lake Lucy Road between Trunk Highway 41 and Galpin. It is identified as a collector
street and a designated MSA route with a total of .7 miles. It’s planned for a mill and overlay.
The existing bituminous trail would be a full depth reclamation. We would redo some ADA
Chanhassen City Council – July 13, 2020
24
pedestrian ramps. There’d be spot curb and gutter replacement. We would add two driver
feedback speed signs. We would include some enhanced pedestrian crossings. Striped
crosswalks and signage that aren’t there today. Utility repairs including replacing bolts on
watermain valves. Repair replacement of deficient storm sewer structures. Replacement of
storm and sanitary manhole castings that don’t meet current standards and we’re also adding 3
new drainage structures to prevent localized flooding. The project was bid on June 18th. We got
6 bids. Low bid was 2.3 percent below the estimate. Came in at $678,935 dollars. This project
is subject to our assessment policy and results of that calculation are $3,718 and 15 cents per unit
and the units are shown in blue. There are 20 of them. Which is just a snug underneath what we
estimated in final design due to the bid coming in a tad low. The overall funding summary, total
project cost is just over $800,000. MSA funds were planned to be used to the tune of $595,000.
That would be everything that would be eligible for MSA funds. The streets and that sort of
stuff. The utility funds would pick up the utility work and then the 40 percent resident assessed
values of $74,500. The overall project schedule. We are at the point in the project that’s
highlighted in yellow. Between the last meeting and this meeting we did hold a public info
meeting at Manchester Park just last week. We had about 7 people show up. Turned out to be a
pretty successful meeting. Tonight we’re considering award of the contract and adoption of the
assessment rolls. If we moved forward tonight with the project we would start construction in a
couple weeks time and the substantial completion date would be September of this year. These
were the original motions for tonight but I will withhold this slide until we get formal direction
on whether we will adopt the assessment roll and/or award the project so at this point I’m ready
to take any questions or we can move ahead with the public hearing.
Mayor Ryan: Alright first I’ll ask council if there’s any questions before opening the public
hearing. With no questions at this time I hereby open the public hearing. Please step forward
and state your name and address for the record and this is for the Lake Lucy MSA project.
Heather do you know if anybody, Heather?
Heather Johnston: Yeah, no I’m just looking at the phone.
Mayor Ryan: And do you know if anyone was in the senior center? For Lake Lucy.
Jake Foster: I think George is in there too.
Heather Johnston: Yeah they’re watching it.
Charlie Howley: Nobody here.
Mayor Ryan: Okay alright. And I know we had our phone lines open as well so just want to
make sure no phones are coming through.
Charlie Howley: Usually they tell us if there’s anybody on the phone. There’s Matt.
Chanhassen City Council – July 13, 2020
25
Matt Kerr: No.
Charlie Howley: Nope, nobody on the phones.
Mayor Ryan: Okay. And nobody in here. Alright I will close the public hearing and return it to
council for conversation or motion. I’ll actually add real quickly just for those that, you’re
going to hear tonight earlier this evening in our work sessio n we had a conversation around these
projects. We were presented with new information in terms of funding for our, a lot of our road
projects coming from the State and it’s called Municipal State Aid and the Municipal State Aid
comes from the gas tax and since the, you know since the pandemic started people have been
staying home and not driving as often and so the funds available coming from the State have
significantly decreased and so the State has decided not only to withhold funds that they
typically advance that we have depended on for some of this years and next years projects but
they also have changed the amount that they’re distributing to municipalities and they’re
reducing that by 15 percent and so that puts us in a very challenging situation as a council.
When we look at the road projects that we have before us tonight, 3 months ago when we, when
we were having these conversations and we knew what we had budgeted for we were ready to
move forward. We had seen the bids. We had hoped the bids would come in less than what was
projected and they did but here we are today and I think we all know a lot has changed over the
last month. Not even 3 months but certainly in the last month and a lot has changed from what
we know coming from the State and where we’re at as a city and so when we’re looking at
projects like this, Lake Lucy and the street projects. The 2020 street projects for the city you
know council and the discussion tonight that we had as a work session is we feel it is very
important that we live within our means and only do the projects and spend the amount of money
that we have budgeted for this year and so that was really the crux of the conversation that we
had earlier tonight and we have asked council, or what we’ve asked staff to do knowing that at
this time we’re not prepared to increase the amount of money that we’re going to spend on road
projects this year that would then set us up for increased levies without further discussion.
We’ve asked Mr. Howley and Mr. Sticha and the r est of staff to come, to take the next two
weeks and come back to City Council in two weeks at our next meeting and propose a new plan
that says these are the road projects that we can do and we can do those by staying within the
budget that we have established. And so this puts you know the council in a challenging
situation to have to pick and choose. That’s why we’re going to lean on staff to make sure that
they give us those recommendations but you know the bottom line is that you know all of us on
co uncil felt it was really important that we set a certain amount that we wanted to spend on roads
for this year and that’s all that we’re going to be able to spend and we have to figure out what
that looks like and that may mean pushing some projects into next year so I wanted to preface
any motion that we have going forward. We’re still going to hold the public hearings because
the assessment amounts wouldn’t change. If your road project is chosen to move forward the
assessment amounts won’t change so we still want to have the hearing tonight. Get your
feedback and then that will also be taken into consideration when Mr. Howley is going through
this process. So I know the folks that are here that haven’t spoken you know can absolutely
speak at the next public hearing but that’s, again that’s really where we’re at and that’s the
Chanhassen City Council – July 13, 2020
26
situation we’re faced with. We don’t know how we’re going to end up this year from a budget
standpoint and so to be committing to road projects and spending beyond what we have we just
are certainly not comfortable doing so. So with that explanation I still look to council if there’s
any other comments that you want to add onto what I just shared or if there is a motion for this
evening. Or questions of staff.
Councilman McDonald: Madam Mayor do we need to do a motion to table this then? For two
weeks or is that, no? Okay.
Roger Knutson: I would recommend that the motion you consider to table it for two weeks.
Councilman McDonald: Okay, I would make that motion to table and continue discussion on
this particular resolution then.
Mayor Ryan: Before I accept that motion do we still have to accept the, we don’t accept the
assessment roll though because we haven’t awarded anything.
Roger Knutson: You’re continuing the decision on whether to adopt the assessment roll and
continuing the decision to whether you award the contract in two weeks.
Mayor Ryan: Okay. Okay. So if you don’t mind restating that, that would be great Councilman
McDonald.
Councilman McDonald: Madam Mayor I would make a motion to continue this item both for
the awarding of a contract and also for the acceptance of the assessment roll.
Roger Knutson: For two weeks?
Councilman McDonald: For two weeks.
Roger Knutson: Or your next council meeting.
Councilman McDonald: Or our next meeting, whichever comes first.
Mayor Ryan: Perfect. We have a valid motion. Is there a second?
Councilman Campion: Second.
Councilwoman Tjornhom: Second.
Mayor Ryan: Councilman Campion, we have a valid motion and second.
Chanhassen City Council – July 13, 2020
27
Councilman McDonald moved, Councilman Campion seconded that the City Council table
adopting the assessment roll and awarding the construction contract for Lake Lucy Road
Rehabilitation Project for two weeks. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0.
CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD
CONSTRUCTION CONTRACT FOR 2020 STREET REHABILITATION PROJECT.
Mayor Ryan: Mr. Howley.
Charlie Howley: Thank you Madam Mayor and council. Got another power point here for the
next one which is another project similar to the Lake Lucy MSA project although this one is not
MSA eligible. It is our annual street improvement program and this one we call it’s Project
Number 20-05 but it’s six distinct neighborhoods and again the original intent was to hold an
assessment hearing and consider adopting the assessment roll and consider awarding the
construction contract but all of your previous comments on Lake Lucy project apply here as well
where we’ve got some funding challenges that we need to certainly work through. Nonetheless
short presentation and then we can move ahead with the hearing. This project area in scope as I
mentioned is six distinct project areas. Two of the neighborhoods would be rehabilitated by a
mill and overlay. Those would be the Redwing and the Lake Lucy neighborhood areas. Four of
the neighborhoods would be rehabilitated by a full depth reclamation. That would be the
Trappers Pass area, Marsh area, Choctaw and Kurvers neighborhood areas. Again there would
be spot curb and gutter replacements. Utility repairs. Replacing bolts on watermain valves.
Replacement of manhole castings that do not meet current standards and minor stormwater
improvements. The project was bid on June 19th and we received 3 bids. The low bid came in
1.3 percent below the estimate and so the total bid on all six neighborhoods was just a bit over
$4.8 million. The assessment summary was based on a neighborhood by neighborhood basis.
Thought that was the fairest way to do it rather than one large project because of the different
rehabilitation techniques that we are doing within each neighborhood so the six neighborhoods
there have the assessment amounts listed on the screen. The total project cost was $5.1 million
and then it would have been funded by our city revolving assessment fund, utility funds and
assessments to the residents. Project schedule was very similar to Lake Lucy MSA. Again after
our last meeting we did hold a public info meeting, that was last week and we held that at Lake
Ann Park shelter. Pretty good turnout. And tonight was going to consider adopting the
assessment rolls and awarding the contract. If it was to get awarded tonight we again would start
at the end of July. The substantial completion of this project would be in November. However
we did allow some flexibility with the contract whereby the contractor could do some wear
course paving next spring so the ultimate completion would have been June of next year. So that
said we’ll hold on these two motions and I can stand for questions on these projects.
Chanhassen City Council – July 13, 2020
28
Mayor Ryan: Alright. Council before I open the public hearing any questions for Mr. Howley?
Okay I hereby open the public hearing. Please come forward and state your name and address
for the record.
Richard Hamblin: Is it my time now?
Mayor Ryan: It’s your time.
Richard Hamblin: Great. I’m Richard Hamblin, 340 Sinnen Circle, Chanhassen. I live off of
Marsh Drive. Drive on Marsh Drive every day and the street gets potholes in it but the City has
done a fine job of filling the potholes so the street is really not in that bad of shape so if you’re
looking to delay a project delay that one. You can wait a year, two years, three years on that one,
just fill the potholes every spring and we’re good to go. Where I see pavement really, really
deteriorating badly is what they call alligatoring and that’s where it’s literally crumbling. It’s
just all broken up everywhere. Marsh Drive is not in that bad of shape. So in my opinion yeah
we get potholes. It’s not perfect. Brand new pavement but it’s not terrible. It’s very drivable so
in my opinion I don’t want to pay that assessment. You know I try to live within my means as
well and so if the City wants to do the same spend your money somewhere else where it can be
better used. That’s my point.
Mayor Ryan: Great, alright thank you sir. I appreciate it. Go ahead. Just state your name and
address for the record please.
Robert Myers: Robert Meyers, 8131 Dakota Lane.
Mayor Ryan: Thank you.
Robert Myers: So I’d like to just start out and say that yes we don’t really need the street
improvements. There’s just some potholes and you can easily repair those. This is just poor
timing during the Coronavirus outbreak. People are losing their jobs. I have a neighbor that lost
his job and on top of that the State budget is looking severely weaken by the pandemic. The
State’s budget projection is a $2.4-$2.6 billion shortfall and we need in Chanhassen contingency
plans for delayed property tax receipts, reduce special tax and fee revenues and so on. Our taxes
are already too high. Carver County collects the highest property tax in Minnesota. The highest.
And you’ve got all these projects. It’s crazy. The average for every house is $2,992. 1.04
percent of the value. And the City’s also collecting franchise fees on our electric and gas bills
and now you want to assess each of us another $2,303. People I stay at home. I work from
home. I see kids riding their bikes. Their skateboards. Families taking walks continually up and
down the street and now you want to tear it up and we’re going to have dust and trucks for a year
and they’re all at home and where are they going to go? We’re going to live through all this
noise and construction while we’re trapped in our houses. We enjoy taking a walk, getting fresh
air and enjoying nature. We need that so it’s troubled times. Don’t take that away now please.
Chanhassen City Council – July 13, 2020
29
Mayor Ryan: Okay thank you sir. Appreciate it. Is there anyone else that would like to come
forward or any phone calls coming in? No phone calls coming in? Alright anybody before I
close the public hearing. Anybody else here that would like to come forward and speak. You’re
welcome to even just state your name and address and whether you’re for or against that’s, you
don’t have to make any long speech but if you’d like to just come forward you’re welcome. Yes.
Karen Klinsing: Hi I’m Karen Klinsing, 8090 Hidden Court and to reiterate what the gentleman
ahead of me had said. I don’t think Hidden Court is in all that tough shape. If you are looking to
save money it could easily be postponed 1, 2, 3 years and that would be totally fine and I was
really taken aback when the assessment came because we had gotten a postcard and I remember
that there was 5 areas but there was a couple that were going to be postponed and so the last I
knew our area was going to be postponed and so imagine my surprise when we get this $2,300
bill in the mail. And just like the other gentlemen we have neighbors that they work retail.
They’re unemployed so this is just a really bad time to be assessing $2,300 bill on a road that
really is not in need of a full fix. Full repair.
Mayor Ryan: Wonderful. Thank you for coming forward. Appreciate it.
Karen Klinsing: Thank you.
Mayor Ryan: Is there anybody else?
Matt Kerr: There is a phone call on the line.
Mayor Ryan: Okay.
Charlie Howley: Hello City of Chanhassen.
Joel Matthews: Hi I’m calling about the Marsh Drive project.
Charlie Howley: You bet. You’re live at the council meeting. Please state your name and
address for the record and then give us your comment.
Joel Matthews: Absolutely. My name is Joel Matthews and I’m at 8081 Hidden Circle. And I’d
just like to take on the other residents basically say…delaying the Marsh Drive project. I agree
with some of the comments on Marsh Drive…certainly are at the point of needing major repair.
We have water drainage issues. We did have, we had damage to vehicles on the road and so I
really in favor of supporting the Marsh Drive project for this year. I totally understand if it gets
delayed because of funding options but I would advocate very strongly that our roads are
showing they’re 34 years old wear and tear at this point in time and they need to be replaced for
our safety and property damage standpoint.
Mayor Ryan: Alright thank you sir.
Chanhassen City Council – July 13, 2020
30
Joel Matthews: Thank you. I appreciate your time.
Mayor Ryan: Thank you for calling.
Charlie Howley: That was our first call ever.
Mayor Ryan: That was our first call and it worked well so thank you.
Charlie Howley: It did once I turned the microphone on.
Mayor Ryan: Alright anybody else that would like to come forward. We’ll wait a couple more,
or another minute to see if anyone else calls in.
Charlie Howley: Madam Mayor we did receive via phone call and then follow up email I think
officially as an objective to the assessment. I don’t know if you were planning on reading that
after this or if Kim gave you those or not.
Mayor Ryan: She did not, no.
Charlie Howley: George which one was it? Do you remember? Was it in the Trappers Pass
area?
George Bender: It’s I believe 89 Cascade Circle.
Charlie Howley: 89 Cascade Circle.
George Bender: Yep. And his name is Jay Beaudry. Came in through public comments and I
thought Kim was going to give them to you.
Mayor Ryan: Oh no I didn’t get that so if George if you don’t mind. Could I just read it into the
record please just since it did come into the public comments. I did not get that. Thank you.
Okay just to read it what was just shared. So at 89 Cascade Circle. Jay Beaudry, B-e-a-u-d-r-y
and he is impacted by the proposed Trappers Pass assessment and he wanted to officially have
my objection to the project and the assessment amount noted and then shared some comments as
it relates to the overall project and his objection so that will be, Mr. Beaudry will, I’ll pass that
along to Mr. Howley and obviously Mr. Bender has this as well so that is into the record and will
be considered so thank you for submitting that. With no other individuals coming forward I will
close the public hearing and return it to council for a comment or motion and again I won’t
repeat myself in length as I shared earlier when we were talking about the Lake Lucy project but
again we are, we are looking to re-evaluate all of our road projects for 2020. We appreciate your
input coming tonight to share you thoughts on your specific roads but we will be revisiting this
Chanhassen City Council – July 13, 2020
31
potentially if there’s a motion to do so in 2 weeks and take up, or to continue the conversation at
that time so with that I will turn it over. Councilman McDonald.
Councilman McDonald: Thank you Madam Mayor. I will basically make the same motion I
made before where we will look at continuing this resolution for a period of 2 weeks. We will
delay the assessment hearing or the acceptance of the assessment I guess and we will also delay
the awarding of any contract for 2 weeks.
Mayor Ryan: We have a valid motion. Is there a second?
Councilman Campion: Second.
Mayor Ryan: Councilman Campion with a second.
Councilman McDonald moved, Councilman Campion seconded that the City Council
tables adopting the assessment roll and awarding the construction project for the 2020
Street Rehabilitation Project No. 20-05 for two weeks. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0. And for those of you that are here tonight and those that
are watching at home, so what that means is while there will not be a public hearing associated
with this because your comments have been heard tonight, you may certainly write in emails that
are considered by council and staff but at the next meeting all that we will be doing is taking
action and choosing the projects and the projects that we’re moving forward based on where we
at from a funding perspective so if you have further comments or questions please feel free to
direct them to council or to Mr. Howley who’s the head engineer and public works director for
the City and I’m sure, I don’t know if you have your cards available tonight but his information
is online or Mr. Bender. Please get their information and if you have further questions or
comments don’t hesitate to reach out to either one of those of anyone council but we will take
these street projects. Take that matter up again in 2 weeks so thank you for being here tonight.
We appreciate you coming in and then we’ll move forward in 2 weeks so thank you.
COUNCIL PRESENTATIONS.
Mayor Ryan: Any council presentations tonight? Councilman McDonald.
Councilman McDonald: Yeah Madam Mayor. What I’ve been doing over the past few weeks as
it deals with the COVID virus and the impact upon the community, I’m on the Southwest Transit
Board and we provide public transportation and I just, I’ve been trying to give at least some
updates so that everyone is aware of what’s happening with public transportation. We held a
meeting again today with our lobbying group, the Suburban Transit Association where we’ve
looked at trying to determine what’s the new normal. What’s becoming apparent right now is
that because of the COVID pandemic and everything work habits have definitely changed. A lot
Chanhassen City Council – July 13, 2020
32
of people are working from home. There’s been a real reluctance to reopen downtown
Minneapolis. The office buildings and such. There’s a lot of issues associated with that. What
all the transit providers are looking at is, well whereas before there may have been at 7:00 two or
three buses we’re lucky to get one bus now so there just aren’t that many riders and what the
associatio n, everybody is looking at is how can public transit serve it’s constituents and residents
in the future and we’re trying to work through all of that. We do feel that there is a great need
within our community for public transportation. We’re not sure exactly what that looks like. At
least in our area we have Prime which does fulfill some of that role and it had been very
successful and it’s even suffering somewhat because of this. We’re trying to work through
issues of safety. How can people feel safe on a bus. Public transportation. We’re working
through all of those issues but we are trying to put together something so that public
transportation is part of our community. It’s just right now what I can’t tell is exactly what that’s
going to look like because it is a moving target and as things begin to gel out a little bit more I’ll
bring back you know hopefully some more positive news and such but I do want everybody to
know that there is public transit available within our community. Southwest Transit Prime is still
taking orders and we’ve redone the way that all of that works to keep both the drivers and riders
safe so there are rules in place there. But we are trying to make sure that within our communities
we do not lose the option of public transit.
Mayor Ryan: Thank you Councilman McDonald. Appreciate your involvement and advocacy
for public transportation in our community with Southwest. I see the Southwest Prime buses still
heavily in operation or they seem to be because I know obviously there is that need but just
appreciate the information tonight but really the, the help and you advocating to continue to have
this offered in our city because it is vitally important so thank you for that. Any other
comments? I would just like to, it seems like it was so long ago. The 4th of July but it wasn’t
and I would just like to extend thanks and appreciation on behalf of council to our parks and rec
department, the fire department, the Carver County sheriff’s office for making it happen. And I
also want to say to council you know thank you to all of you for sticking through it and even
though we kept getting you know the I don’t know if we can do this. I don’t know if we should
be able to do this and we never wavered in that and really pushed forward and so I just, I was
really proud. Heard a lot of very positive feedback. Also would like to say, I shouldn’t forget
the Rotary for having the flyover. But just those, you know those few things that are very
symbolic to this country but also to our community to have the flyover and the fireworks. I just
was very proud to have that continue in our community and have the opportunity to celebrate our
great country so thank you to everybody that was involved to make it happen. It went off very
well. There were no issues that night and so thank you to council and thank you to staff and the
fire department and Rotary and the sheriff’s office for making that happen. It was a special
celebration so in strange times it was really neat to say that Chanhassen was one of the cities that
moved forward with the fireworks. I thought that was pretty awesome so.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION. None.
Chanhassen City Council – July 13, 2020
33
Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the
meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The
City Council meeting was adjourned at 8:20 p.m.
Submitted by Heather Johnston
Interim City Manager
Prepared by Nann Opheim