CC Minutes 9-14-20Chanhassen City Council – September 14, 2020
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Councilman Campion: Second.
Mayor Ryan: Thank you Councilman Campion.
Councilwoman Tjornhom moved, Councilman Campion seconded that the City Council
table item H-1 on the agenda. All voted in favor and the motion carried unanimously with
a vote of 4 to 0.
Mayor Ryan: That motion carries 4-0 and it will be tabled.
Mark Kelly: Thank you Mayor and council.
Kate Aanenson: Mayor I’d also like to, there are residents following this issue so I just want to
make sure that we are transparent in keeping them in the loop so we have the name of some of
the neighbors that were at the Planning Commission and may be here tonight so we’ll make sure
we circle back so they understand where we are in the process and what’s going on. If that
makes sense.
Mayor Ryan: That would be great and if not I’m sure they will follow up so I appreciate it.
Thank you for being here tonight. Thank you.
Mark Kelly: Thank you Mayor.
Mayor Ryan: Thank you.
CONSIDER AN APPEAL OF THE BLUFF CREEK OVERLAY DISTRICT BOUNDARY
DETERMINATION MADE BY A CITY ADMINISTRATIVE OFFICER FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 212 AND
POWERS BOULEVARD.
Mayor Ryan: Kate have you caught your breath yet? Right I know. We went right up to it.
Well thank you. Alright next up we have item number 2 and that is an appeal of the Bluff Creek
Overlay District boundary.
Kate Aanenson: Yes, so this like the item before you would have heard is actually an appeal of
an administrative officer. You don’t see these too often but the Planning Commission serving as
the Board of Adjustment hears relief from ordinances but they can also appeal any decision made
by an administrative officer which would be the planning staff in most cases. So in this
circumstance, this was an appeal made by administrative officer so I’ll kind of just briefly go
through that. These are in some of your attachments but this regards the Bluff Creek Overlay
District so I’ll go into that in detail. But to help us based on the opinion that the staff had made
we went to an outside source and that’s included in your packet and that was WSB. So they
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were our consultants on this. Specifically Andi Moffat and the person who’s now employed by
the City Matt Unmacht so both of those people reviewed the original interpretation made by staff
and so we stuck by our original interpretation. So the applicant, Mr. Erhart appealed that
decision so the Planning Commission did take that under consideration and I’ll go through that
now. So that just kind of frames up the issue if that makes sense so, so here we are. Appealing
the determination. So the location of the site is just north of the intersection, or just south of the
intersection of 212 so this is the approximate 3 acres right here. So here’s 212, Powers
Boulevard. Avienda just up here to the northwest. This property is guided for office industrial.
If you recall we had actually had a medical office user go on the site and about 10 acres with the
current zoning. So just to give you a brief history of the Bluff Creek management plan, the
overlay district runs the entire length of the city so in order to accommodate acquiring all the
overlay district the City made the decision that we do it incrementally so we’ve identified that
and then we said you can, you know prima facie evidence to show that that line is wrong and
they’ve reviewed that. In this circumstance we did review that but the only other way we could
acquire all this property would be to go out and buy it all which at the time even today couldn’t
do it. Some of the properties in the urban service area. Some wasn’t so we did on a project by
project basis. So again it was put in place in 1998. Protect the Bluff Creek corridors. Some of
the wetlands. Some of the bluffs and then the significant trees so it’s not all of, sometimes it
might just be a wetland and sometimes it might be the significant trees. So again this is the
overlay district as it runs through Mr. Erhart’s property. So this is kind of that area that we’re
looking at right here. So here’s the entire length of the overlay district. So I just want to give
you a couple examples of how we’ve applied the overlay district. So we were talking about this
project. This is the property on Mr. Erhart’s property so the Bluff Creek Overlay District so in
order to preserve the area that was in the overlay district, so we either, we can’t just take the
property so we use tools. We use the zoning tools so we actually gave them smaller lots and they
dedicated that and we got some forested areas there. Then we also use on the property on Arbor
Glen, we have a cul-de-sac there and they dedicated additional wetlands and they dedicated the
primary zone. So Arboretum Business Park, again dedication of the primary overlay district and
on item one we iterate some of the benefits of the preservation. It has value because they’re also
counting that towards their green space. So especially in a commercial business you can put
more pavement here because you’re providing more green space so there is benefit. And a
perfect example of that is actually the Avienda where we, the trees. So I want to reiterate, it’s
not always wetland. It could be slopes or trees so in this circumstance we have 17 acres so that
allows them to maximize internally but then they preserve that area so each project that comes
in, it’s unique in how we apply that. So part of the overlay district again looking at the drainage
area. Again this goes back to the WSB analysis of the site so looking at this and the drainage
area. They felt that it was important to keep that in so this is the area here of that drainage area.
While it is cropped there’s also providing drainage areas so they did recommend as it gets closer
to the wetland taking, not including that. So the line’s slightly adjust but then it’s still
approximately 3 acres that we believe should stay in the overlay district. Again existing
conditions you can see kind of that drainage way coming through here. The slopes. And then
this is again the approximate area requested to be removed. And then the conclusion really of
the study was that the number of area that would qualify to be included in Bluff Creek Overlay
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District the majority of the area drains to Bluff Creek so that has impacts to Bluff Creek in itself
and the majority of the area contains either excessively steep slopes, erodible soils, woodland or
grassland habitat. And there’s one small area within the parcel within the sub-district, sub-
watershed district that does not drain to Bluff Creek and that small area they would recommend,
had recommended taking out. So the Planning Commission held their public hearing on August
18th. The motion to affirm it but then the motion failed on a 2 to 3 so because this wasn’t a super
majority vote that automatically gets appealed up to you so with that we and the Planning
Commission stand by the original recommendation of keeping that area within the primary
zoning district.
Mayor Ryan: Could you just clarify the vote that’s written kind of strangely.
Kate Aanenson: So a person made a second and then they voted against their own motion so
yeah.
Mayor Ryan: So the motion was at the Planning Commission, I just want to make sure I
understand this. The motion was to keep the boundary as is currently set. And they.
Kate Aanenson: Voted 2 to 3 against that motion.
Mayor Ryan: Against that motion but then nothing came of the, and then I think what I read and
watched some of it was that they, that they didn’t feel like it was, that they should be making the
final decision and it should come to council.
Kate Aanenson: Yeah, correct.
Mayor R yan: For this, okay. Thanks for that clarification. I have others but I’ll open it up to
council or is Mr. Erhart here?
Kate Aanenson: Yep he’s here.
Mayor Ryan: I couldn’t see you behind the mask.
Kate Aanenson: Did you have a presentation Tim?
Tim Erhart: I have a few comments.
Kate Aanenson: Okay.
Mayor Ryan: Alright.
Tim Erhart: If this is the right time.
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Kate Aanenson: Yeah sure I just want to.
Mayor Ryan: You want to come forward and then we’ll ask, we’ll see if there’s any questions
for just state your name and address for the record please.
Tim Erhart: Yeah, my name is Tim Erhart. Live at 9611 Meadowlark Lane, Chanhassen.
Appreciate the time that you’re giving me to kind of present our desires and arguments on this.
My wife and I purchased the entire area, 120 acres 40 years ago when we moved to Chanhassen.
We spent the last 40 years a great hobby of converting what was a dairy farm into a wilderness
preserve. It was a magnificent site to start with already existing ponds and wetlands. There was
a lot of cornfields. A lot of manure piles and a lot of fences rolled up all over the place that you
could run into if you weren’t watching so we spent, I guess we spent weekends and weekends
and weeks cleaning it all up and converting it to what it is today. We planted thousands of trees
and actually built 4 ponds on the site. Starting in ’81 when we had approval from Frank Fox and
Jim Wilson who each have 40 acres to the north, we started building trails. I’ve got trails in my
blood I guess so the time we maxed out before the Gonyea development we had 4 ½ miles of
trails running through Jim’s and Frank’s and well the City at one point later and our land so
essentially had 275 acres of preserve land. Pretty fun stuff. Today those trails that we built are
now at the heart of Fox Preserve. And one of the things we’d like to see if some people using it.
I’ll talk about that in a second. Our property is guided for two different uses and the eastern, and
the biggest part of the area is guided for residential and we look forward to actually start that
process here in the next year. I’m working with the City. To the west around the intersection of
212 and Powers, that’s intended for officially office and/or industrial. Separating those two areas
is a very high ridge that’s heavily forested and of course has a trail running through the center of
it. This ridge we hope will eventually be incorporated in what is now Fox Woods Preserve as the
area develops. Our vision for this site is a neighborhood where hundreds of people have the
same opportunity we’ve had for the last 40 years to enjoy the amenities of the trails. The ponds.
The prairie. The trees and right out their back door which is what we’ve enjoyed so much. The
site we’re here to discuss today of course is right at the intersection. A small area of 3, maybe a
little bit more than 3 areas. Excellent access to the freeway. It’s accessed through an already
opening on Powers Boulevard just to the south and right next door all the extensive trails and
everything that is involved with Fox Woods Preserve and a bike trail connection between
Bandimere Park and Powers Boulevard is planned which would go right through the property. I
cringe at the idea and I believe so does Kate, the idea of an industrial building going on this
premiere site. Or a multi-tenant office building. It’s too beautiful and too prominently located to
see that. What we see is a corporate headquarters or medical office building or potentially
apartment buildings. These are the only uses that are going to bring people to use the asset that
we have in the park. Making it an industrial building or a multi-office just simply won’t bring
the people that we think that whole area is designed to serve. Today the site is basically under
current ordinance I believe is 9, you mentioned 10. Yeah I’m not sure. Is it 10? Yeah which
gets to the issue that we’re requesting here today and discussing. We contend that right next
door as described by Kate there’s 3 additional acres and we’re requesting that it be joined to the
10 acres to give the site the size big enough for a large single use company or enterprise to make
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the investment necessary to see the vision that we have for this site and that is again Class A
office. Three stories. Lots of people. Accessible to the park. As Kate said some 10 years ago
Fairview Clinic was very serious at building a, or Fairview Hospitals was very serious to build a
clinic in the area. What they were looking for, or planning on building was 160,000 square foot
facility in two phases. To do that the City cooperated and we moved the original Bluff Creek
primary zone line slightly to the east to give us another acre or two and then objection noted to
everybody we ended up having to put in a plan for a multi-story parking lot to make the land big
enough for them to do what they wanted. The project was approved by the City but didn’t get
built due to economic factors at the time but we learned several lessons. One is there is a need
for Class A office in our area. Examples are the 212 Medical Center in Chaska and of course our
own Life Time Fitness. The 212 Medical Center is located on 15 acres where Life Time Fitness
is located on 12 acres but their parking is shared with their fitness center so in fact they’re able to
get more office on their 12 acres. If they didn’t have that they’d have to have more. Over the
years we’ve had several inquiries from people looking for an area for a single use office
complex. In almost all those cases they’re asking for 15 to 20 acres and 9 to 10 acres just isn’t a
starter so none of the conversations went anywhere. As Kate said the City maintains that that 3
acres should be incorporated in the park when the area develops attitude. The Fox Woods
Preserve which is 80 acres today. Our intent is to contribute, not include 15 acres additional to
the park when this area around the intersection there develops, not including the 3 acres we’re
discussing today. That would bring the park to about 100 acres. We think that dedicating this
small area to the park is not the best use of the land. Given the accessibility to 212 and is that
this site is much better suited to serve our community commercially yielding much needed tax
revenue. And more, and almost as important bringing more users to the assets we have in the
preserve. Prior to COVID the park was hardly ever used. I worked it. Walked it. Kept trails
clean. Even while part of the City. You very rarely see anybody in there. Today I’m amazed
that we’re actually seeing some of the original horse riders that used to ride in this before the
City now using the park trails so there’s a real need to get some users in this park. To get to the
12-15 acres that I think we need to market this, you know we need to move the line to the east
once again. Right now it cuts through kind of a middle of this hill that was shown on your map
there. There’s some trees located on both sides. There are some hills but no different than the
other hills in the area. Nor the trees. During the past years Kate and I and others have had
conversations about how to determine the location of the boundary line. The ordinance says we
shall determine by using the topographic survey, a flora fauna survey, and soil data. But
nowhere in the ordinance does it tell you exactly how to apply the information and where to
place the line. It says specifically that it’s up to the city planner at his or her discretion. My
view of that is that it’s very difficult to assign what’s the right location and that that there’s no
wrong locations and there’s no absolutely right locations. I think there’s justification to look at
that position of the line and accommodate what we think that this property should be used for
and allow us to market this property with a specific size of 12 to 13 acres so we can get a start a
conversation about somebody investing in this property. It’s very difficult today to go look at
where this line is, for someone to say oh yeah it’s clear. This is where the line should located.
Our proposal has the line start at a long, prolonged hill that is highly vegetated. In fact it’s the
ridge that I referred to earlier. It’s very clear to someone on site that there’s some, there’s a land
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difference at this point. The land to the east then would be identical to what’s in Fox Preserve
today and the land to the west which we are proposing to add to development would be the same
as the 9-10 acres that’s currently there. This site is unique and it could contribute to our
community at large as a high value asset. It’s proximity to transportation. It’s unique and it’s
very favorable in it’s ability to isolate sometimes potentially can put to use surrounded by nature,
ponds, hills, trees, hiking, bike trails. We are requesting to move the line to what we think is not
the right or wrong location nor was there any mistake made but we’re just saying this is a more
appropriate explainable position and allows the City I think and us to meet our goals to make this
into another opportunity to get another Life Time Fitness or something like that. Really high
value user to our community so with that, that’s my comments about it. I think, I hope I was
able to explain why we’ve spent so much time on this over the years so thanks.
Mayor Ryan: Great thank you Mr. Erhart. Appreciate your comments. Council I’ll open it up
for discussion or questions for either Ms. Aanenson or if you have questions specific to the land.
Obviously Mr. Erhart would be able to answer those as well so any thoughts, comments? Go
ahead.
Councilwoman Tjornhom: And forgive me, maybe I didn’t catch this in your presentation or
Kate in your’s but Tim you talked about years ago you had talks about this site possibly hosting a
medical building. Is that correct?
Tim Erhart: Yep.
Councilwoman Tjornhom: And so when you had those discussions for both of you I guess, was
that line ever in these discussions?
Tim Erhart: Oh yeah. Very much so.
Councilwoman Tjornhom: And was there a discrepancy then?
Tim Erhart: The initial line was like much of the Bluff Creek overlay lines were made from
aerial photos so at the time, the first one was on a fence line because you could see that one side
of the fence was pasture. The other side was cultivated field. And then when Fairview came in
that’s, if you look at the ordinance that’s when you’re supposed to review the original line. It
kind of assumes that there is going to be some adjustment based on data the developer brings in
so at that time we did make, correct me if I’m wrong Kate but we did make an adjustment to try
to increase the size.
Kate Aanenson: I’ll just to what you’re saying. I don’t disagree with that but I would just add so
while we were done by aerials, so the original Bluff Creek overlay was also done by an
engineering firm so it also included, not just aerials but reforest, we looked at forestry. We
looked at the creeks. Where the water was moving through the wetlands so there was, it was, it
had some impurical data you know so that’s wetlands but then we also said you know there
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might be areas that minor tweaks need to be made so we agreed on that one so, but yes there was
a big retaining wall. The cost of putting in the large parking ramp had an impact on that for sure,
yep so yes.
Tim Erhart: Did that?
Councilwoman Tjornhom: It did not. I’m sorry.
Kate Aanenson: We left the line the way it was when it came here.
Councilwoman Tjornhom: I need clarification.
Kate Aanenson: The line did not, the line did not go further up. It elongated so it didn’t go up
further at this way. At the time that Fairview came in.
Mayor Ryan: But did the line change when this project came forward? Did at the time you
moved the, did that line alter from when the proposal came in did the line alter with this
development?
Tim Erhart: I thought it did.
Kate Aanenson: I don’t think so. There’s two changes that were made. Originally you had
zoning for 3 acres for an office building for yourself so when Fairview was looking because the
City chose to land it, so there’s some things going on at this intersection too. So there’s some
excess land that we worked up…that was impacted by some of the grading limits. So that was
included in it. In addition there’s a lift station that needs to be built here so no development can
occur on this part here until the City, working with Mr. Erhart has to construct a lift station. So
there are some other costs and the market was starting to change right about then but yes, there
was a large retaining wall on the back and again they had to do, they had underground parking
for the doctors and like but then the guests all had, there was a parking ramp and that was on the
north side correct. So yes.
Mayor Ryan: And wasn’t there an issue that they were going to have to cut into the bluff?
Kate Aanenson: They put a retaining wall right at the bluff correct. You are correct. So the line
didn’t move but the retaining wall there.
Mayor Ryan: And maybe even bigger picture for your question Councilwoman, has the line
ever moved over the course of when it was first established? Has the line moved?
Kate Aanenson: So we go back to the original report that was done by the watershed district
also, so the first line is what was put in the Bluff Creek plan. Then the watershed district made
comments on that and then to do an outside, another review of it, it went to WSB to say here’s all
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the impurical data. Does this make sense and that’s where they said some area might want to
come out. A small area but they thought the original recommendation seemed to make some
sense. That was how they came back.
Councilwoman Tjornhom: I’m going to think about this for a while…
Mayor Ryan: Any other questions? Go ahead.
Councilwoman Tjornhom: I guess what I don’t, I mean in all due respect Kate, I mean the
answer is they seemed to feel it made sense or they seemed.
Kate Aanenson: No I’m saying based on impurical data that’s what they stood by their
recommendation.
Councilwoman Tjornhom: Okay.
Kate Aanenson: That’s their professional recommendation.
Councilwoman Tjornhom: Okay so that’s what I’m saying I heard seems and I thought…
Kate Aanenson: I’m sorry. I didn’t mean to seem wishy washy.
Councilwoman Tjornhom: No, no, no, I just wanted to make sure I understood you.
Kate Aanenson: It was their recommendation yes. Obviously the council has the ability to make
those changes. We’re just giving you the data that we said supported what the original thought
process was.
Mayor Ryan: I think something to think about, and this is specific to your question because I
made note of it is that, and I don’t know where it is in the notes. It says, oh I just wrote it down
here. It says that the review process, like the lines can be changed but it’s usually done as part of
the review process for future development because there is no definitive understanding of why
that line was there.
Kate Aanenson: Thank you for bringing that up. I meant to bring that up. Thank you. That’s a
good point and that’s what the Planning Commission discussed too. So if you look at all the
other projects that we’ve moved the line, there’s been a project involved with it. As I stated
before there’s value in that property. It obviously has value to Mr. Erhart. It has value.
Mayor Ryan: Right.
Kate Aanenson: So when we look at that with a project you can say well you can compress
some of the density and use that for your green space. That’s one way of like Avienda. So
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there’s different ways to attribute that and that’s kind of what the Planning Commission was
wrestling with too because it’s, okay so his position which I completely understand. He wants to
be able to market 13 acres. He doesn’t want to say well maybe if you bring something in that
they really like you know and we can work out that you’re going to use that as your open space
or your green space so that kind of puts a cloud over what he’s trying to do. But we’re saying it
makes it easier for the staff to understand you know kind of like when we do a subdivision.
What do we gain and what is the developer getting so it’s kind of that trade off.
Mayor Ryan: Right and for me I read it, my interpretation is a little bit different. That leads me
to believe that the line is arbitrary and that’s where I struggle with it is that if then we change it
based on a development and it’s just because it’s part of a development, then we’re doing it
because of a development versus the fact that you know whether it’s a development or the
landowner wants to sell, to me it just that line seems arbitrary and that’s where, that’s how I
interpreted it so…
Kate Aanenson: Yeah. So because I made the statement at the Planning Commission and let me
clarify that again. I said it’s easier for us to look at the value of that, we’re losing all that green
space when you have a development so you could pack more on the 10 acres because you’re
preserving the 3. That was my intent. If I wasn’t clear on that I apologize but I understand what
you’re saying.
Mayor Ryan: Right and then that’s where I come down to the, where this line is drawn.
Whether it’s part of a development or because an individual wants to sell 13 acres versus 10
acres, it speaks to me that that line can be moved but I’ll reserve further comments for other
council. Other comments or questions. Councilman Campion?
Councilman Campion: I have a question. Is there a map of this that’s more clear? Did the
Erhart concept map to me looks pretty clear. Yeah there is an attachment, what the last
attachments.
Tim Erhart: Mayor Ryan can I make one comment regarding that?
Mayor Ryan: Please.
Tim Erhart: I want to also say we are not out trying to sell this property at any given time. We
are in no rush. We have the patience to wait for the right user to come along so we’re not here
trying to get this through and then all of a sudden try to pawn it off on somebody as a long term.
Mayor Ryan: No understood. It was more just it spurred when Councilwoman Tjornhom asked
the question about past lines etcetera, it was more of how official are these lines so but thank you
for answering. Go ahead Councilman Campion.
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Councilman Campion: It’s along those lines. I thought that was one of the most clear maps to
look at when trying to picture the change?
Kate Aanenson: This one?
Councilman Campion: No, so in the item.
Mayor Ryan: This one right here. The last one as part of your attachments.
Kate Aanenson: I don’t know if that’s in the power point. I don’t think so. I don’t think that’s
in the power point. I can put it up on the screen if it’s.
Councilman Campion: And I guess the last image in the power kind of showed it as well so the
extra 3 acres that you know he’s looking to be classified as developable, it is under our
jurisdiction to make that determination. It’s not a part of the Bluff Creek Overlay District.
Kate Aanenson: Well you would be the administrator. That’s the policy would be that the staff
would make, the developer would provide or the owner would provide some impurical data why
they believe it’s where it is and we would say why we think it’s either correct or incorrect.
Councilman Campion: But I mean part of me feels like we’re in a way handcuffing him because
he did a good job preserving the land and planting trees and all that. You know to say that no,
that should be part of the preserve right?
Kate Aanenson: Okay, so when they develop the rest of the area which will all be subdivided
then?
Councilman Campion: I’m having a hard time seeing the property lines of what Mr. Erhart
owns.
Kate Aanenson: Yeah so he owns all this property up here. All of this. All of this except for
West 68th Street. All that’s his so ultimately this will all be residential, except for the park. Let’s
go back to, I think if we go back to, so this is the low density. So if you look on Fox Woods is to
the north. That street will come down. The Comprehensive Plan shows the connection. Mr.
Erhart pointed that out. Access to the property approximately here and that road ties, goes all the
way up to Fox Woods. Subdivision. That’s the Gonyea homes up there. Does that make sense?
Councilman Campion: Right. Right. Right.
Kate Aanenson: Yep so then this is the park. So ultimately this will be developed. I think
you’ve got a few more acres you can develop that’s closer to 101. The rest of it you need to have
this lift station built for it, yeah. Does that make sense?
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Councilman Campion: No.
Heather Johnston: Madam Mayor, can I just clarify a little bit from my, I’m going to dial it
down to my basic understanding of this because I’m not a planner. Really the question is so the
line was originally established based on the impurical data and that line hasn’t changed. The
question before the council really is typically what would happen is you may end up changing
the line in the context of an overall development. As you can see this is kind of designed to be
developed at this point in time but typically you would take into account those trade off’s.
Similar to some of the tree discussion that we had earlier right? When a development is
occurring you might say okay we’re going to move this preservation area over here but you do
that in the context of an overall development and that was somewhat of what the Planning
Commission was saying is typically we would do that when we have a development in front of
us and so this is not, this is sort of not our typical process and so we think if we’re going to go
away from our typical process that the council should be responsible for that because typically it
would be in the context of an overall development so that you could as Kate said earlier
understand some of the trade off’s and so it’s really that question of is, you know are you
comfortable making sort of a change from your typical process in which you would consider this
kind of a change. Is that fair Ms. Aanenson?
Kate Aanenson: Thank you. That was a much easier read. So you know so there’s a lot of
things that are going to happen on this other part of the property. You know there’s going to be
this street’s going to get connected. We’ll have the through street coming up into Fox Woods.
So there’s kind of two separate processes. One is the office piece and the other part is the
residential piece so.
Mayor Ryan: But all the same landowner.
Kate Aanenson: Correct. Yep.
Mayor Ryan: Councilman McDonald.
Councilman McDonald: Yeah I mean I can see where our normal process is but we’re
handicapping the landowner because he can’t sell saying that well you may be able to get the 3
acres or you may not, depending upon what you try to bring in here. At that point you’ll never
develop the land because what developer is going to take on that risk of okay, I’ll invest some
time and effort in doing plans and all like that and we’ll go away and we’ll roll the dice and see
what can happen with the City Council. There’s got to be another path here to be able to market
the land with those 3 acres and then at the same like we do with any other process be able to
evaluate it as to whether or not to accept or reject the plan or you know what we normally do
with development. Otherwise as I say this will never get developed. So I think we’re putting a
restriction on the landowner where he cannot fully develop this property. I mean I hear what you
say about the residential property and yeah all of that will come in at some point but how is that
going to be a trade off against what we’re trying to sell as an office site? It’s two different
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developments so I guess I’m more in favor of, I mean I’ve seen the property. I’ve been out there
numerous times and I just fail to see how taking this out of the Bluff Creek overlay district
affects the overlay district. I just don’t see the connection there and I see something that really
harms someone and the utilization of their property more than it helps us to keep it in the natural
state which is undeveloped. Kind of help me through all that. I just, there’s got to be another
path here to where Mr. Erhart can market and develop the land but yet at the same time we’re
going to have a say as to what goes in there and what it looks like.
Mayor Ryan: Thank you Councilman McDonald. And I mean I tend to agree. Obviously my
concerns early on, or my comment early on about the line being arbitrary. I still believe that in
this situation and for me obviously one you’ve been on that land for years as you shared and you
care about the land. The way you replant your trees. You know the wetland care that you’ve
taken. I know how much that site means to you so I think that’s really important that you’re not
just wanting to add it for development sake and so I value that sentiment as well but it was really
the last line in the discussion part that reaffirmed my feelings about this when it says this site will
provide more value for Chanhassen residents as a commercial site than it’s open space and I’d
rather have a good project that has with the additional 3 acres then an average project and a
process where then we ultimately may have to give it or make some changes. You know let’s
make the site the best that it can be and if it’s that additional 3 acres so we can get a quality
project in there, I know that the parkland that is already there and utilized will continue to be a
benefit for whatever that user is and as well as the future development of the residential
components that will come in the future so you know I think making, I understand the changes
obviously in the previous conversations. I’m always concerned about tree preservation and
protection so I’m not, you know it seems like I’m doing a 180 on this one but for me I think
because of the totality of the land that you own and how it’s been developed over the course of
these years, I know that this additional 3 acres isn’t going to be a detriment to the overall site. So
any other further comments, questions or a motion?
Councilwoman Tjornhom: Yeah I agree with Mayor Ryan and Councilman McDonald. I just
think there has to be a path of flexibility for you because the Mayor’s right that I would much
rather see a high quality product on that spot than having to compromise because of 3 acres so.
Mayor Ryan: Councilman Campion any further thoughts?
Councilman Campion: I’m in agreement with the discussions as well.
Mayor Ryan: Okay. With that so I think it would be a change in the motion.
Kate Aanenson: We would change the motion…and Findings of Fact that support the change so.
Mayor Ryan: So if you go to the second attachment for Findings of Fact and Decision adjusting
the boundary, because as in the notes you can see that then you have to approve a motion
Chanhassen City Council – September 14, 2020
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approving the applicant’s boundary delineation and adoption of the corresponding Findings of
Fact.
Kate Aanenson: Correct.
Mayor Ryan: Okay thank you.
Councilman McDonald: Okay exactly where are you in?
Mayor Ryan: So if you, when you click on the item on the agenda.
Councilman Campion: It’s the second attachment.
Mayor Ryan: If you go to the very bottom it’s the second attachment.
Councilman McDonald: Okay under Decision?
Kate Aanenson: No under attachments.
Councilman Campion: Yeah Findings of Fact and Decision adjusting the boundary. Yeah I’ll
make a motion.
Mayor Ryan: Alright I think Councilman Campion’s going to make a motion.
Councilman McDonald: Okay I’ll let him do it.
Mayor Ryan: Okay, thank you. Councilman Campion.
Councilman Campion: I will try. Stand by for assistance. I propose a motion that the City
Council approves the request to adjust the boundary delineation of the Bluff Creek primary zone
boundary and adopts the Findings of Fact and Decision adjusting boundary.
Mayor Ryan: Yep. We have a valid motion. Is there a second?
Councilman McDonald: I’ll second.
Mayor Ryan: Thank you Councilman McDonald.
Councilman Campion moved, Councilman McDonald seconded that the City Council
approves the request to adjust the boundary delineation of the Bluff Creek primary zone
boundary and adopts the Findings of Fact and Decision adjusting the boundary. All voted
in favor and the motion carried unanimously with a vote of 4 to 0.
Chanhassen City Council – September 14, 2020
35
Mayor Ryan: That motion carries 4-0.
COUNCIL PRESENTATIONS.
Mayor Ryan: Are there any council presentations tonight? You know I’m going to, I don’t have
a presentation but tonight on our consent agenda we accepted a couple of donations so I just
want to recognize that T-Mobile for the Senior Center Drive In Ice Cream Social and Concert
donated $2,400 from T-Mobile. And then they did another donation for, on August 13th a Back
to School Kids Concert and donated $1,750 for this kids concert held on August 13th at the Rec
Center so I just wanted to thank T-Mobile and their regional marketing manager Tony Weirs for
that donation to the City for both the Rec Center and the senior center. And then finally we
approved a resolution accepting donations totaling $40,134.43 from area businesses for our 2020
Community Event sponsorship program so we have a list of those sponsors. I know we continue
to recognize them through our social media but just want to thank all of our local sponsors in
Chanhassen for supporting our community events. We couldn’t do the events without you so
appreciate your donations. And that’s it for me for council presentations. Anyone else with a
council presentation?
ADMINISTRATIVE PRESENTATIONS.
Mayor Ryan: Anything on the administration. Administrative presentations?
Heather Johnston: Madam Mayor and council the only thing was what you mentioned earlier
which is the Red Birds will be recognized at our next meeting so.
Mayor Ryan: Oh great, next meeting perfect. Thank you.
CORRESPONDENCE DISCUSSION. None.
Councilman McDonald moved, Councilwoman Tjornhom seconded to adjourn the
meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The
City Council meeting was adjourned at 8:45 p.m.
Submitted by Heather Johnston
Interim City Manager
Prepared by Nann Opheim