CC Minutes 7-13-20Chanhassen City Council – July 13, 2020
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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