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CC VER 2020 10 12CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 12, 2020 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilman Campion, and Councilwoman Coleman COUNCIL MEMBERS ABSENT: Councilwoman Tjornhom STAFF PRESENT: Heather Johnston, Kate Aanenson, Charlie Howley, Jake Foster, Jerry Ruegemer, Greg Sticha and City Attorney Roger Knutson Mayor Ryan: Again good evening everyone and welcome to our council meeting. To those of you that are watching at home or livestreaming from the Chanhassen website, thank you for joining us. For the record we have 4 of the 5 council members present tonight. Councilwoman Tjornhom is absent with an excused absence. Our first action is our agenda approval. Council members are there any modifications to the agenda as printed? Alright if not we will proceed with the published agenda. PUBLIC ANNOUNCEMENT: Mayor Ryan: We have one public announcement tonight that’s not listed but we have a long time retiree who’s in the room with us now. We have two. And Mr. Knutson I know you weren’t looking for a big farewell ceremony but we wanted to recognize you and share with you our appreciation for your long standing service to the City of Chanhassen so I’d like to read a letter on behalf of council to you. Dear Roger, Mr. Knutson, back in 1983 the City hired you as it’s city attorney. On behalf of the City Council I want to thank you for 37 years of service to the City of Chanhassen. People who have worked with Roger over the years will tell you that his commitment to high quality and timely work is rivaled only by his dedication to the work and the clients he served. Unusual for many lawyers Roger’s known for his reserved nature and concise responses. His letters were two sentences and the second sentence was quote, call me with any questions. This is because Roger wanted to give broad guidance to help cities make decisions and arrive at the opinion that was best for their circumstances. You have spent countless hours sitting through meetings with city businesses, property owners, residents, city staff and city council meetings listening to discussion, debate, dissent, emotion, dissemination and decision. His responsiveness was legendary. Whenever you called him he always picked up his phone. When asked for your advice and recommendation you used your years of experience, knowledge of city code, administrative laws and regulations, legal precedence, state statute and Constitution and stated quote, council may do what it wants. Roger was the go to person to keeping us out of trouble while helping the council understand the flexibility allowed under the law. He Chanhassen City Council – October 12, 2020 2 encouraged city councils to make the decisions they needed to make. In addition to guiding the city through countless development deals Roger helped the City clean up it’s ordinances, getting rid of outdated ones or redundant state law. He also helped change land use regulations to ensure compliance with the state regulations. No small task. We’ve mentioned some of how his extraordinary work on specific development or a case but there are so many that this letter you would need a ream of paper to print. We didn’t want it rolling all the way out. Roger has never been one to seek credit for his accomplishments. A win was the City’s win. No matter how crazy the environment is Roger could always be counted for his strong, steady manner. You’ve always been available to provide advice and direction promptly responding to city requests for information, process requirements, legal standards, ordinances and agreements and contracts. We will miss your wisdom, your kindness and quiet confidence. Thank you for your service and enjoy your well earned retirement. Sincerely all of us at the City Council so thank you. Congratulations. And we will present you with this Maple Leaf Award and council would you join me with your masks on out front with Mr. Knutson please. Mr. Gerhardt, welcome back. Please state your full name and address for the record. Todd Gerhardt: For those people that don’t remember me I’m Todd Gerhardt, 1330 Stratton Court. Previous city manager for the past 20 years here for the City of Chanhassen and I’ve had the pleasure to work with Roger for 34 years and Roger was kind of a mentor to me as I started out in this field and coaching me along, along with Don Ashworth and I got to say Roger is very quick to get to the point and he wouldn’t keep you on the phone long so he wasn’t looking to get billable hours up and for those people that haven’t been to his office, and if you’ve been in my office, there would be paper all over my desk and at Roger’s desk there would be absolutely nothing on his desk. The only thing Roger had was a file cabinet behind him and city code books for each city he represented. And in most cases he didn’t even pull out the code books because he had them memorized pretty much. But the bit story that I always remember is that prior to Roger working for the City it got to the point where councils wouldn’t make the tough decisions like you guys make today and what they would do is leave it up to applicants or developers to end up taking us to court and that is not something the court process is set up for. And what Roger did is he came in and established strong land use regulations and something that staff and administration could enforce and to the glee of many judges that did not have to sit there and try to make a decision if McDonald’s should go ahead or not. And so Roger thank you for your strong leadership, your wisdom, and your short letters. They’re very appreciated and your calmness. You kept us all calm when dealing with personnel issues and development issues so I wish you the best. It’s not about you Roger. It’s about us talking about you and giving us the opportunity to share our thoughts and appreciation for everything that you’ve done for us over the years and we wish you the best. I can tell for the last 3 months you’ve got to get into a routine. You don’t know what that routine is but you don’t have to get up at 7:00 or anything like that but, and don’t interfere with your wife’s routine. I found that out early. And but I wish you the best and thank you for your outstanding service. It’s very much appreciated by the entire city here and your fingerprints are all over Chanhassen so thank you. Roger Knutson: Thank you. Chanhassen City Council – October 12, 2020 3 Mayor Ryan: Thanks Todd. Any other comments? Okay, go ahead Councilman McDonald. Councilman McDonald: Well as a fellow attorney I wish you the best. I look forward to that day myself but being an attorney it’s always kind of tough because you’ve always got that one more client and it’s just like you want to see them through this and so it’s very difficult to decide on this day I’m walking away so I appreciate you thinking about us and trying to get us to a place where we could move on and we weren’t left in a lurch without you so thank you very much for that. And just for the record I want to say that I requested cake because a retirement is not a retirement without cake but I was overridden so I’m sorry about that Roger but yeah, I wanted to make sure this was something you will always remember but again thanks for your many years of service. Mayor Ryan: I didn’t override. I know I don’t usually eat the cake but I didn’t override. Heather Johnston: That was my compromise. Roger not wanting us to… Mayor Ryan: Thank you Councilman McDonald I appreciate it. CONSENT AGENDA: Mayor Ryan: Okay next we have the consent agenda. Tonight we have consent agenda items number 1 through 8. All items listed under the consent agenda are considered to be routine by the City Council and will be considered as a single motion based on staff recommendation. There’ll be no separate discussion of these items. If a discussion is desired by anyone on council or here in the chambers you may request to have the items removed and have it considered separately on our agenda this evening. Are there any items that the council would like to consider separately? Councilman Campion: Yes Madam Mayor. I would like to remove item D-4 to be discussed separately. Mayor Ryan: Alright. Item D-4. The zoning permit, okay. And I would like to remove D-7 and that is the grading permit and development for the Bluffs. Are there any other items to be removed from the consent agenda? Alright. With that could I get a motion to approve consent agenda items 1 through 3, 5 and 6 and 8. Councilman McDonald moved, Councilman Campion seconded to approve the following consent agenda items pursuant to the Interim City Manager’s recommendations: 1. Approve City Council Minutes dated September 28, 2020 2. Receive Planning Commission Minutes dated September 15, 2020 Chanhassen City Council – October 12, 2020 4 3. Approve Code Amendment to Permit the Construction of Certain Structures on Outlots 4. Item removed for separate discussion by Councilman Campion 5. Approve Updates to City’s Purchasing Policy 6. Resolution #2020-57: Accept a Donation from Charter Bank for the Senior Center 2020 Holiday Party 7. Item removed for separate discussion by Mayor Ryan 8. Pervious Paver Operations and Maintenance Agreement with 2061 Pinehurst Drive All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. And we will start under, well we’ll move that to old business so F-1 will be your’s Councilman Campion. D-4 will move to F-1 and D-7 will be moved to F-2. VISITOR PRESENTATIONS. None. CONSENT AGENDA: 4. APPROVE CODE AMENDMENTS REQUIRING ZONING PERMITS FOR ALL STRUCTURES THAT DO NOT REQUIRE BUILDING PERMITS. Mayor Ryan: Let’s move to F-1. So old business here which is the consent agenda item number D-4. And that is the approval code amendment requiring zoning permits for all structures that do not request a building permit. Ms. Aanenson. Kate Aanenson: Yeah I can answer if there’s a specific question I could answer that but the intent of this is, we have a lot of people that put up structures that don’t require permits. They could be an outdoor fire pit. Fence. A smaller fence. A dog run. Those sort of things. And so instead of trying to inform them of potential setbacks, encroachments into easements, being a good neighbor it saves us a lot of time on the front end as opposed to on the other side when it goes up and we have an unhappy neighbor and we spend a lot of time trying to resolve the issue. There’s no fee involved in this but somehow the Planning Commission got off on that but there is no fee involved with this. It’s really just informational. We do have a number of residents that do call in and ask whether or not they need, if they need a permit so we always try to use it as an educational opportunity so again just it formalizes that process. We always say to people so the intent then again is to not charge a fee but to inform people and try to be a good neighbor and just try to be proactive. Mayor Ryan: Councilman Campion. Chanhassen City Council – October 12, 2020 5 Councilman Campion: That, so I did call last week and I spoke to MacKenzie about this and you know in detail and it sounded like a permit was required. Kate Aanenson: It’s a zoning permit. So what it does like if you’re going to put in a for example you’re going to put in a large outdoor kitchen, then you may not think you need a permit and you put it up and your neighbor’s concerned about it so what we do is we just ask that you draw it on a piece of paper. Show us where you’re going to put it. We make sure that it sits within the setbacks and then you’re on your way. So it’s really just informational so we would advertise that you just need to check in. It’s kind of formalizing that process so when we say permit it’s not a fee permit. It’s just checking, it’s a process, the mechanism that we use that we attach it to your building permit or your site plan so when someone comes in that they know that that meets the requirements. So the neighbors, we could tell the neighbors yes they checked with us. It meets the standards. Councilman Campion: Okay so if tree houses were called out in the write up that I saw. Kate Aanenson: Well most tree houses aren’t built in trees so if it’s you know so again if they’re close to the property line or something like that, we had litigation on one that was a swing set that went in and somebody graded it to make it level and they actually caused a lot drainage in the Lake Susan Hills area so lots of time people also grade to put something so we just ask a couple of questions you know to try to figure out what they’re doing so just again it solves problems down the road because this is what we get on the back end. The neighbor calls hey, the person next door to me is grading a lot. I’m not sure what they’re putting in. We don’t know either so we’re trying to do an educational component of that to explain to the residents when they should call and find out information so then we’re informed and we don’t have to stop and go back and try to solve these problems on the back end. Councilman Campion: So what guides whether a tree house or you know the outdoor kitchen does require the building permit? Kate Aanenson: For structurally for height. Those sort of things. If there’s gas running to it. Those sort of things. Councilman Campion: So I guess I’m not following exactly. So if someone comes in and they are putting in a tree house for example, what would define if they do or do not require a permit? A building permit with inspections. Kate Aanenson: I would guess the size. You know we don’t require a building permit for a swing set either. You know we just like to know that they’re not in an easement. Councilman Campion: Right, yeah I mean my concern is just that, I did build a tree house recently myself and I looked into it and you know I couldn’t find anything that defined you know Chanhassen City Council – October 12, 2020 6 what size of a tree house. There wasn’t any reference that I could find to tree houses and therefore what then guides based on this size you do then need a building permit? Kate Aanenson: Okay I’m going to stay away from the building permit. That’s really not the issue. The issue is are you in a drainage easement? Are you too close to the neighbor’s property? Are you over your hard cover? Those are the sort of things we check with on. You know most of the time it’s building in easement. Grading where you shouldn’t be or proximity to your setbacks because we do have setbacks for accessory structures so I’m leaving the building permit. It’s mostly just checking where you’re putting it on the property and are you grading, those sort of things. Councilman Campion: Okay so the Planning Commission reviewed this and they were. Kate Aanenson: Their concern was they thought there was a fee attached and when, you know there was just two of them so, I mean it was 2-2 so it was. Councilman Campion: Yeah my concern is just it doesn’t sound like that was really settled or agreed to you know if it was 2-2. Kate Aanenson: Correct. Councilman Campion: So I would prefer that it be. Kate Aanenson: Remanded back? Councilman Campion: Yeah, in the Planning Commission and have a more conclusive recommendation because otherwise I fear that this will just potentially open a can of worms and pushing a lot of things toward staff that. Kate Aanenson: That’s fine. I understand what you’re saying. I’m just saying that we’re managing a lot of ends on the other side of trying to get in the middle of two neighbors and this is trying to prevent those sort of things but we can take it back if that’s what the council’s desire. Councilman Campion: I’m interested to hear you know the thoughts of the rest of the council. That’s just how I felt about it. Mayor Ryan: Well I’ll jump in here real quickly while the rest of council, we can just kind of work our way down. Kind of similar comments. You know when I was reading through the Minutes you know it got a little bit off track in terms of the requiring a permit and I think it was alluded to that we were considering it as a council a $50 permit fee and then all of a sudden that caught my attention of you know when it’s used as you’ve stated Ms. Aanenson that this is really an educational tool. That then all of a sudden it’s going to morph because the thought is if you’re now requiring these permits then there has to be inspection to follow up on these permits Chanhassen City Council – October 12, 2020 7 which then will take more staff time and then all of a sudden we’re in a situation where we’re charging residents to draw on a piece of paper and come into City Council or come into city hall to get approval of it so it ends up being a bigger deal than it is. You know and also it was 2-2 because some of the commission thought it was a little broad at this point and so while I agree with the intent behind it Ms. Aanenson as well as what Mr. Walters has expressed to avoid more issues on the back end for you, if I’m looking at it I would rather have more clarification or identification as what Mr. Walters said in his report, that there’s really just a handful of things that are pretty common place that are repeated issues with neighbors. If those are identified in this policy or in this, you know for a zoning permit then that’s easier for a resident to understand and follow through and I just get worried about the slipper slope with now going with more staff time and now it needs to have a $50 fee or whatever it is. Kate Aanenson: We’re still spending a lot of staff time. We’re just trying to do it on the other end and I think we just need to work through that to explain it better. Mayor Ryan: Okay. Kate Aanenson: If you want us to go back and you know we’d be happy to do that. Mayor Ryan: Okay. Council other thoughts? Councilwoman Coleman: Yeah I agree with your concerns. At first blush this kind of comes across like a burden for our residents if they’re just trying to do something relatively small so I would like to get a more concise decision from the Planning Commission. Mayor Ryan: Okay, thank you Councilwoman. Councilman McDonald. Councilman McDonald: Well yeah I guess I’ve been around both Planning Commission and council long enough to know that I can understand the frustration about the back end problems. I’ve seen enough of them so I guess I’m a little bit torn on this. I understand that this would be something that’s good to have so that at that point someone isn’t building in an easement or they’re not you know taking care of their permeability requirements. So that’s always been something I’ve kind of wrestled with is the fact that somehow the City does need to get some of this information out there. This would apply to like retaining walls that I’ve seen people build that take up you know permeability and those things. Sport courts where we’ve actually had to go in and tell people they got to do something with their Sport Court. That’s a lot of money. That’s a big investment. So I can support what everybody’s wanting is to go back to the Planning Commission and try to get a little bit more definitive on where this is at so I’m okay with it. Overall I support the need for it but at the same time I can understand yeah we should define it a little bit better too. Mayor Ryan: Thank you councilman. So any other questions or comments for Ms. Aanenson? If not then the motion would just change to have it return to Planning Commission for review. Chanhassen City Council – October 12, 2020 8 Kate Aanenson: Planning Commission yep. Mayor Ryan: So Councilman Campion if you want to, since you had pulled it off if you want to make that motion. Councilman Campion: Yeah so I move that the item be remanded to the Planning Commission for additional discussion and recommendation. Mayor Ryan: We have a valid motion. Is there a second? Councilwoman Coleman: So moved. Seconded. Mayor Ryan: Thank you Councilwoman. Councilman Campion moved, Councilwoman Coleman seconded that the code amendment requiring zoning permits be remanded to the Planning Commission for additional discussion and recommendation. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. Thank you. CONSENT AGENDA: 7. APPROVE DEVELOPMENT CONTRACT FOR GRADING PERMIT FOR THE BLUFFS AT LAKE LUCY. Mayor Ryan: Next up is for you Ms. Aanenson as well and it’s a grading permit for The Bluffs at Lake Lucy. Kate Aanenson: You have a question for me? Do you want me to just explain what they’re doing? Mayor Ryan: No thank you, whoever just pulled up the map. I appreciate it. Two questions. I’ll get to the grading piece but a quick comment about the development contract. On, oh I have it my notes here, it’s on I think it’s on page 8. It talks about the construction hours and you know the 7:00 to 6:00 Monday through Friday and then additionally on Saturday and I would like to you know of the lower portion of the bluffs, I think Saturday work is acceptable and understandable. I think with that small area on top of, where you’re building right into, right next to residential to have construction traffic. That is a narrow street. There is nowhere to go and to have that on a Saturday I think is going to be extremely frustrating to residents so I don’t know if there’s any flexibility in. Kate Aanenson: They wanted the cul-de-sacs but they don’t want any noise on Saturdays is that what you’re saying no noise on Saturday? Chanhassen City Council – October 12, 2020 9 Mayor Ryan: No so I’m saying that the cul-de-sac to the south, you know the lower one. Kate Aanenson: Yeah. Mayor Ryan: You know if construction was happening on a Saturday down there I think is understandable but to have construction traffic and building going on Monday through Saturday in that small space seems excessive to me. Kate Aanenson: I’ll let Charlie, that’s our general practice. Yeah. Charlie Howley: Madam Mayor, council I would say two questions. One I guess I would ask the City Attorney if we have city code allowed construction hours can we, with a development contract just change that? I presume the answer is yes. Roger Knutson: Your presumption is correct. Charlie Howley: Okay, alright. So you guys could direct us to change that in the contract. Now the way contractors are going to build stuff it would be very difficult for them to kind of only work in one area and not in others so it’s either don’t work on Saturday or work on Saturday. I really think from a constructability aspect I mean we could ask for it but they would probably end up not working anyways. Mayor Ryan: I mean those are two pretty different sites. I mean in terms of access. I mean one is coming off of Galpin where there is, other than one resident right there, there isn’t anyone around just like the rest of the whole project. When you come off Lake Lucy and you drive through that neighborhood it’s, I mean there’s nowhere, there’s just not a lot of space up there. It’s really tight and I think it would be extremely disruptive on a Saturday and I know that there’s other developments but most of those developments are more in open space. This is a really tight space and I just, I think offering them the courtesy to not have round the clock construction on a Saturday is warranted. I don’t know how the rest of council feels or Ms. Aanenson if you have any. Kate Aanenson: Well I would say I’d give them the choice on the bottom half. My only point is that I’d say sometimes when you have an open area because that’s the area they want to work first in is my understanding to get open so. Mayor Ryan: Is which one? Kate Aanenson: The top piece so yeah. Charlie Howley: The preconstruction meeting is tomorrow I believe where all those types of details get talked about. Chanhassen City Council – October 12, 2020 10 Kate Aanenson: Yeah. Charlie Howley: We as a staff really we’ve got some maybe some off the cuff ideas of how they’re approaching it but who’s to say that they need to balance dirt and they have to go from one area to the other like continually. Mayor Ryan: Right. Charlie Howley: So that’s why I say if the council chooses not to do it all, maybe give them the option on the south area but I doubt they’d be able to do much in one area that they wouldn’t be working on in both areas. Again we’ll know a lot more tomorrow that’s for sure. Mayor Ryan: Right. Right. Did Gonyea buy the whole thing? Kate Aanenson: Correct. Yep, yeah. So one of the things that they had talked about is moving stuff back and forth and we told them they’d have to come back out and around because we didn’t want them, that was the residents were adamant about that. That was one that they talked about when they were going to start the tree clearing. We said no. You can’t work between the two. You have to go out and around but to Charlie’s point if they’re doing some balancing up on the top half they’re know more of the details on that but yeah. Mayor Ryan: Well any thoughts on Saturday construction? Kate Aanenson: If I can just add one other thing. I know they were trying to get that open. It just extends the timeline is the other thing so just to think about. So you’re extending that, you know what I mean? So those days you can’t work you push it further so it’s a longer project, if that makes sense. I mean I understand the Saturday thing completely I mean that’s a quiet time. Mayor Ryan: And I get inside. I mean once they make it inside and they’re going the structure on the inside. I just you know it was painful, very painful for the residents on the south side for the construction. The time. You know they tend to work a little bit longer. A little bit later. It is literally in these people’s back yard. You know I just was hoping for some consideration for Monday through Friday to have a lot of work going on you know however many houses, and house up top is a lot and then to have it continued on a Saturday so obviously that’s my ask. Council can mill it over a little. Councilman Campion: What is the schedule? When is the estimated completion? With working Saturdays. Kate Aanenson: I’m not sure but I’d just saying it would extend it for sure if you lose a day. Chanhassen City Council – October 12, 2020 11 Charlie Howley: Yeah I’m not sure, we’re going to learn that tomorrow at the pre-con. But without question they were planning on working 6 days and only can work 5. Whatever they wanted to get done this fall they’re going to be delayed. Councilman Campion: Right it’s another 20 percent. Charlie Howley: A trade off might be extending the work hours on Monday through Friday. Kate Aanenson: That’s what I was going to say or go later on Saturdays or extend the hours. I mean it’s dark out by, or start later on Saturdays or something. Councilman McDonald: Is there also a time limit on this? I mean in the contract it talks about November 15th for the wear course on public streets. Is that part of what they’re trying to get done? Charlie Howley: Again we’ll learn tomorrow what they’re trying to get done by this fall. It’s my understanding that this is just to get going on tree clearing and grading and you know they’re a temporary mat is what the project engineer is telling me. We’re just trying to get some temporary roads built for the winter time. Nothing kind of in the permanent condition. Kate Aanenson: Yeah November 15th if I may, I believe is you have to have, if you’re going to put asphalt down that’s typically our standard time you have to have it down. Typically that’s our standard time. You have to have it down. Typically that’s when the asphalt plants usually close somewhere around there so. Charlie Howley: Yeah that’s a good guiding deadline because even if the plants were still open the temperatures just don’t cooperate with compaction on asphalt so even if a plant was open later than that we wouldn’t allow that but you know sometimes the plants close on Halloween too so. Mayor Ryan: And I guess I mean and I understand that. I’m not even talking about putting in roads or trees clearing. People have blowers and chainsaws going at all hours of the day and night every day of the week. I get that. I’m talking not even just the noise issue but when you have I mean we all know what’s going on right now just with all the hail damage in the city and you have trucks and tractors and cars and everything and there’s just up on that top part there’s just, there’s nowhere to go up there and now all of a sudden not only 5 days a week when maybe you’re working but on the weekend you have random people walking around when you’re home with your family and I just feel like that on a Saturday is extremely intrusive so, and but that’s just my opinion so. Noodle on it. We’ll go to the grading. I can’t think of another way. Think about it. It’s obviously part of the entire motion. Is the development contract and the grading so you can come back to that. You know give it some thought. I just before coming in I got an email about the grading. I was just focused really in pulling it off was about the development Chanhassen City Council – October 12, 2020 12 contract but this has to do with the lower portion. A resident along I think that’s Topaz. Anyway his question was that they’re marked for trees already. I know you walked the property. Kate Aanenson: Yes. Jill did yes. Mayor Ryan: And, or Jill did. And that he was very surprised at how far into the bluff area that they’re cutting and tree removal is going to take place and so the question is, and I answered him and explained that you know real quickly that that’s just the cut of the road and there’s reasons for it but, and that there’s going to be reforestation and all of that so I mean I understand but is there anyway to move that cut back at all or is that what the engineers have decided and then that’s what it has to be? Charlie Howley: Madam Mayor can I maybe have you tell me is it in this area right there? Mayor Ryan: Yes, yes. Yes I think it’s. Charlie Howley: Okay because these are houses are going in. Mayor Ryan: Correct it’s where no home are and it’s where that cut is and it’s into the bluff. Charlie Howley: So here’s why it’s shown the way it is per my engineering opinion. Not having talked to their engineer about why things are laid out. Right here is about a 28 foot cut. 28 feet down so how do you, there’s a couple ways which you could tie into existing conditions with a 28 foot cut. One would be build a 30 foot retaining wall right here and not go up that slope. The economics probably just do not work nor would we, you know 30 foot retaining wall and a little residential street so what they did is they went on a 2 to 1 cut slope which is even more aggressive than normal cut slopes which are 3 to 1 or 4 to 1, so this is even tighter than a normal cut slope. 2 to 1 and then they build a wall. I think this wall is like 8 feet tall maybe at it’s highest point right up there. So it was the developers and their engineers kind of most cost effective way of cutting that road in as opposed to building again a 30 foot tall retaining wall right there so is the question is there another way to do it? The answer is yes. But they have no proposed to do it that way for I presume economic reasons. Kate Aanenson: Let me back up on that. We spent a lot of time on that with the preliminary plat. I know the City Forester did too to get the road design on that. To get the capacity for that road to come through and not to have the slope too close to the road so there was a lot of different iterations under preliminary plat. I can’t comment to the tree staking because I wasn’t out there. I know Jill did recommend and I talked to the City Engineer about it too, between the two cul-de-sacs there’s some significant trees that we’re going to alter some of that trail to save of those large oaks that are in that area so we can kind of more field work that when she walked it with the developer. We’re going to work on that to just alter that a little bit to save more trees. Chanhassen City Council – October 12, 2020 13 Mayor Ryan: Yeah and I think the, and I understand all this. I just wanted to ask publicly you know this was a concern of mine when we first talked about because you know this is part of the Big Woods that is special in this area and part of their back yards and so the concern is that you know even with the tight grade or the 2 to 1 grade that they’re proposing you know for their benefit is now there is just significant tree loss in that area and it goes right up to the property line and it’s just a disappointing feature so I just didn’t know if there was anything that could be altered at this point knowing that the likely answer was no but just wanted to bring it forward because it’s just, it’s a challenge and disappointing so, but thank you for the clarification and the explanation. Especially with the way that it’s cut will help me articulate it when I speak to them. So back to the. Councilman McDonald: Development contract. Kate Aanenson: Work hours. Mayor Ryan: Thank you. Any further thoughts. Councilman McDonald: We can table it because it sounds like you all would like to talk to. Kate Aanenson: If you table it you’re pretty much knocking them out for 2 weeks. They’re pretty much, they can’t move forward with the project. The County’s been holding them up for 5 weeks to get it recorded so we broke the grading out separate from the plat so. Mayor Ryan: So no. Kate Aanenson: But I mean it’s kind of punitive. I think they’ll take the, you know if you restrict and then they could come back ask later for different hours if things are going well that’s their prerogative too. I’m guessing the City Attorney said they could come back and amend that so you know if you wanted to restrict it now and then they could work through that and come back and ask if it’s working well with the neighbors or maybe some Saturday hours if it’s going well. Councilwoman Coleman: I like the option of restricting it right now and seeing, but leaving the option if they want to do Saturdays on the lower end. Mayor Ryan: Thoughts council. Councilman Campion: That sounds reasonable. I mean removing it altogether, if I was living next to it I don’t know which one I’d rather have. You know a project that last an extra 2 weeks or you know one that consumes a couple Saturdays. Mayor Ryan: I think it will be more than a couple Saturdays. Chanhassen City Council – October 12, 2020 14 Councilman Campion: Well then it would be more than a couple weeks. I mean there’s some trade off there right so. So whatever you’re saving in your Saturdays it’s going to last so many more weeks right and the other thing is if you consider COVID and potential more staying at home, you know you’re equally as likely potentially to be impacted during the week as you are on the weekends. Mayor Ryan: Fair enough. Kate Aanenson: So having said that we’ll have a construction meeting tomorrow so we’ll know more so whatever you give them they can always come back but not giving them anything is a lot harder yeah. Mayor Ryan: Right, and yeah and maybe they have ideas or options or one or the other but I’d rather you know personally set that restriction. Have them think it over. Think of ways to be creative with it. Again it’s not the tree cutting. It’s not making the roads. Let’s get those started and moving forward. I understand all that. It’s more of when really the construction of all the, you know the happenings going on with the overall construction of that it would be nice but. Heather Johnston: Madam Mayor just for clarification you just mentioned you know not the tree cutting…and it’s a challenge because it sounds like we’re trying to tell them what they can do on Saturdays which and I turned to Charlie. He’s done a lot of project management. I mean I don’t know… Mayor Ryan: I’m not suggesting. I’m not telling them, I’m saying let them decide. I’m just throwing out different pieces of it so they can come back with, if they don’t like not working on a Saturday and they come back and say well this is what we would like to do on a Saturday and this is what we won’t do on a Saturday and they come back with us that’s, I mean obviously we have to have a pretty straight forward recommendation of either you’re working or not on Saturday and then they have the ability to come back before council if they don’t like it, correct? Kate Aanenson: Yeah. Charlie Howley: Yeah we don’t want to get into managing the types of work they can do. It’s either in that north portion they’re just working on Saturday. Kate Aanenson: Right. Charlie Howley: And if we are, if you are going to split it to the south portion you okay on Saturdays and the north portion on Saturday, we want to be very clear about where that demarcation line is so it would either be this kind of blue property line right there or kind of right there. Like this portion of the trail. Is that considered the north part or the south part? We would need to give them that kind of line of demarcation. Chanhassen City Council – October 12, 2020 15 Kate Aanenson: That was getting more detailed than me. Charlie Howley: So they’re going to ask, they’re going to say well can I go down that trail and if we go ahhh. Councilman McDonald: Well I just the thing is to the Mayor’s point, we probably do not have enough of an idea of what they want to do and to just give them a blank check is not what we want to do either so if restricting them with the ability to come back and explain to us why it’s important then we can make a decision so I would go with your motion that you’ve outlined. Councilwoman Coleman: Did someone write it down? Mayor Ryan: I think you just have to, well I’ll ask Mr. Knutson but you just have to amend the development contract? Roger Knutson: Right. It hasn’t been adopted yet so you could say for example if you wanted to you approve the development contract agreement for The Bluffs at Lake Lucy as presented one change, the hours for construction are limited to 7:00 a.m. to 6:00 p.m. on weekends period. Kate Aanenson: On the north part. Mayor Ryan: Do you want to just do the north part? Councilman McDonald: I thought you wanted to do both. Mayor Ryan: Do everything and then they can come back. Councilman McDonald: Yeah because they may be linked together right? That’s why we wanted them to come back. Mayor Ryan: I’m flexible with the lower portion being able to work on a Saturday because it’s not such a tight configuration so, but you suggested that that would be too challenging. Charlie Howley: I’m saying it might be based on how they stake their work. They may say well we can’t really do much on the south part anyways if we can’t work simultaneously with the north part. Mayor Ryan: Right. Charlie Howley: I don’t know that. I’m speculating that. Kate Aanenson: Well wouldn’t we just leave it in then? Chanhassen City Council – October 12, 2020 16 Roger Knutson: Then you could, if they, if you approve something and you discuss and they say that won’t work, then they can come in and ask for it to be amended. Councilman McDonald: Right. That would be the point of it is that, if that’s not feasible then fine. Tell us why. That’s all we’re asking. Charlie Howley: Well I think what would happen is say, they wouldn’t have to come back and say anythi ng. They’d just say we’re not going to work on Saturdays on either portion which is fine right? They wouldn’t come back and say change it to say no work on Saturday. If you give them half. Roger Knutson: They wouldn’t have to use it just because you gave them the flexibility. Charlie Howley: Correct, correct, correct. So that gives them the flexibility, the option to continue to work on Saturdays just on the south half. Councilman McDonald: I guess I would expect them to come back and tell us why they need to do it but if you think that that will work and they’ll say ah just to hell with you guys. We’re not going to work on Saturday. Okay fine, so be it. I just want to make sure everybody’s got the options available and we’ve made it clear that okay if this isn’t going to work tell the council why and we’ll debate it and vote on it from that standpoint but the way it’s currently written it’s too much of a free card and that’s not what we want to do. Blank check. Yeah we don’t want to do that. Heather Johnston: Madam Mayor, Councilman McDonald, I think…and their whole entire schedule is built on our current ordinance and so even if you, so you currently give them that and they will just come back and say we’re being delayed. And what you’re hearing from Charlie is that they often work on the construction site as a whole and so it maybe isn’t practical for them and so even it might be good to give him the permission to do…but practically you’re still going to be delaying them…and again I’m speculating but they have built an entire construction schedule on being able to work according to what is currently in the ordinance so that’s I think what they’re expecting and I think it would be… Mayor Ryan: And I will say that I am not practically concerned about Lennar’s construction schedule as I am about the residents that are living there and the interference of their weekend you know on their Saturday so this has been a thorn in a lot of residents side for a lot of reasons and I just, if you go up to that neighborhood which I know you all have it is an extremely tight space and it is literally in people’s back yards and so I just think that giving them Saturday where they don’t have people wandering around in their back yard would be a benefit. And if they can’t do it and it delays them and they come back and say it’s going to take us an extra 6 months, well then I think all of us on council would say that seems ridiculous and you know we’ll consider something else but at this point let’s see if they can manage the project with one less Chanhassen City Council – October 12, 2020 17 day for the top and not the bottom and go from there so Julia, or Councilwoman Coleman if you are ready for a motion. Councilwoman Coleman: I am. I just had one more question to Mr. Howley’s point. Do I need to mention anything about the specific line of anything? Charlie Howley: I think as staff we can point them in the right direction without it being in the motion. I just want to feel comfortable are we talking about this line that I’m hovering over or are we talking about that line that we’re hovering over? Roger Knutson: You could attach a map to the permit. Charlie Howley: Yeah. Mayor Ryan: I don’t have a preference on that line. I mean I would defer to your judgment on that of what you know what you talk about with them. You know to help with their efficiencies. I think that. Charlie Howley: Then I would pick this spot over here because at least it gives them that amount on a Saturday to maybe start working on. Mayor Ryan: Okay. Councilwoman Coleman: Sure. Charlie Howley: So you don’t have to include it in the motion. Councilwoman Coleman: Okay. So the City Council approves a grading development contract and the updated overall development contract for The Bluffs at Lake Lucy with an amendment restricting construction hours on the north portion of the development to 7:00 a.m. to 6:00 p.m. Monday through Friday. Roger Knutson: And allowing construction on the south part on Saturday. Councilwoman Coleman: Allowing construction on the southern portion of the development on Saturdays from, was it the same timeframe? Roger Knutson: As depicted on the attached map. Kate Aanenson: I think if she just amends the one part isn’t that? Mayor Ryan: Yeah because it’s Saturday still… So just start again and just do the northern part because the rest of it… Chanhassen City Council – October 12, 2020 18 Councilwoman Coleman: Alright, the City Council approves a grading development contract and the updated overall development contract for The Bluffs at Lake Lucy amending the construction hours on the northern portion of the development from 7:00 a.m. to 6:00 p.m. Monday through Friday. Mayor Ryan: We have a valid motion. Is there a second? Councilman Campion: Second. Councilwoman Coleman moved, Councilman Campion seconded that the City Council approves a grading development contract and the updated overall development contract for The Bluffs at Lake Lucy amending the construction hours on the northern portion of the development from 7:00 a.m. to 6:00 p.m. Monday through Friday. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4 to 0. Thank you Ms. Aanenson. Kate Aanenson: Yep thank you. Mayor Ryan: And Mr. Howley. And that’s it for old business. No public hearings. No new business and so we’re moving to council presentations. COUNCIL PRESENTATIONS. Mayor Ryan: And I have a council presentation tonight as we are, even though he’s not done with us after this meeting because he has to stay a little bit longer after the meeting and then a little bit more work but we are wishing Greg, Mr. Sticha our Finance Director farewell and good luck so I’d like to read a little letter for you. Since this is your last official meeting. Dear Greg, on behalf of the City Council I would like to thank you for your 15 years of service to the City of Chanhassen as it’s Finance Director. You have played a significant role in the financial health and stability of the City and we are indebted to you for sharing your professionalism and expertise in helping maintain the City’s AAA bonds rating. You have managed to keep budgets balanced and insured transparent financial reporting all while keeping your sense of humor and commitment to providing the best information for all of us council members to make financial decisions. Your colleagues will remember you, your stage advice with some of these following statements. Quote, this council will never go for that. The second one, if it were up to me. I think we might have heard that tonight as a matter of fact at our work session. Personally I want to thank you for your leadership of the Economic Development Commission. Your willingness to take on this new assignment to help with the long term economic growth of the City is much appreciated. We will miss you here at the City of Chanhassen and wish you the very best in your future. So thank you for all of your hard work and we wish you the best of luck in the future so thank you Mr. Sticha. Chanhassen City Council – October 12, 2020 19 Greg Sticha: It’s been a pleasure working with all of you. Appreciate it. Mayor Ryan: Council any other comments for Mr. Sticha? Councilman McDonald. Councilman McDonald: Yean as I said earlier I really appreciated you know working with you and you being here and I did rely upon you quite a bit for the financial history and what was going on and the details and all of those things so I didn’t have to get it that deep into the minutia so I really appreciate all the help you gave to me and all the council members throughout the years I’ve been here. Wish you the best of luck going forward. Hate to lose you but I understand why but good luck and thank you for all the years you’ve been here. Councilman Campion: Greg good luck in your new endeavors. I appreciate you putting up with my poorly worded questions over the years and doing your best to get me what I was really after but not saying properly so I appreciate that. And yeah best of luck in what comes next for you. Councilwoman Coleman: Thanks Greg. I had only managed you know a family budget coming into council and you took hours after work to sit down and pour over the budget and the funding mechanisms and I remember saying explain it to me like I’m 5 and you were able to do that and help me to have a good grasp on this sense so I really appreciate your time and going above and beyond consistency so good luck. Mayor Ryan: You’ll be missed so best of luck to you Greg. Any other council presentations tonight? No? ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. Mayor Ryan: And council we have a few more items left to talk about from our work session so we will have a little bit longer this but for now we will, I’d look for a motion to adjourn the meeting. Councilman McDonald moved, Councilwoman Coleman 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 7:55 p.m. Submitted by Heather Johnston Interim City Manager Prepared by Nann Opheim