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CC Minutes 9-14-20Chanhassen City Council – September 14, 2020 4 you guys. Introduce myself. My email’s on this. Website’s on it. I hope you guys will email me. I think I’ve seen a couple of you because I think I’ve door knocked your house so I’ll be out again this Saturday but again for me it’s about listening to you guys. That’s the biggest thing that I can do. I’ve done about 4,000 doors. My goal personally is 10,000 doors because I want to be able to listen to the district and be able to go to St. Paul and actually stand up and fight for the families and the businesses in my district. Mayor Ryan: Thank you. And if you just, so for people that are watching on TV or listening if you want to just share your email address and if you have a website, I’m not sure but then they can… Andrew Meyers: Yeah, so my email is VoteAndrewMeyers.com. My last name is M-e-y-e-r-s and then my email is just Andrew@VoteAndrewMeyers.com. We have a Facebook page. We’re holding a couple meet and greets. One coming up at Excelsior Brewery on the 21st so if people want to come and ask me questions. Meet me. If I haven’t met you at the door or somewhere else then hopefully I’ll see you guys there. Mayor Ryan: Great, thank you. Thank you for coming tonight. Good luck. Thank you. THE BLUFFS AT LAKE LUCY FINAL PLAT APPROVAL (THE PARK 4TH ADDITION). Mayor Ryan: Alright next on our agenda tonight is old business and it is call the Bluffs at Lake Lucy. The final plat approval. Ms. Aanenson this is you. Kate Aanenson: Thank you Mayor, members of the City Council. The request for the subdivision is a final plat which includes 31 lots, 2 outlots. It also includes the development contract and approval of construction plans and specifications. So just kind of going, can I get the? I’m just trying to get the feed on the, thank you. So I just want to review with you the phasing plan for this project. So the 1st Addition was approved after the preliminary plat and then the 2nd Addition is underway and this is technically called the 4th Addition and I just want to remind you that the 4th Addition was held under contract with Lennar and that contract terminated in May. The option to buy that property because it was 20 acres it was able to be split off from the rest of it. The rest of the project but it’s included in the PUD so they’re bound by all the standards of the PUD which includes the additional park property, the trails, the types of homes and the like that will be so it’s again when we rezoned this property it included all 191 acres so it is bound by the standards of the PUD. So again this is what the project looks like itself. So this, when the preliminary plat came through there was the not the continuation of the street so there was cul-de-sacs on Ashling Meadows. The streets don’t go through into Topaz. Lake Lucy Ridge will be a cul-de-sac and then this street will be the asphalt will be taken out and seeded. So the street, the cul-de-sac here and then the cul-de-sac here will come through and then there’ll be a cul-de-sac on this end. So the trail connections will be part, this trail connection. The sidewalk along Della Drive and then this trail will be built by the developer. Chanhassen City Council – September 14, 2020 5 The remaining portions of that will be part of the larger trail project as part of the park. I’ll show you on the plat in a little bit more detail the outlots here that would be dedicated as part of the park space. So I wanted to just start with kind of the preservation. So one of the issues that came up in the preliminary plat. So this project has to meet the conditions of the preliminary plat so the conditions that were put on the preliminary plat were a couple preservation areas and I’ll go into a little bit more detail and again additional buffer along the Ashling Meadows property. So there was also a tree preservation easement included on the, to the south of Lake Lucy Ridge and Ashling Meadows 2nd Addition so that’s this area here. In addition there was a tree preservation area. The first coming off of Della Drive and I just want to point out that the tree preservation in the yellow area, so these two in the yellow area, the preservation on Lots 1 and 2 which is down here, include high quality native woods as well as a restoration, reforestation plan done under the grid slope so there’ll be additional reforestation there. The preservation area up here which includes a portion of 3 lots, again these lots, the preservation areas are in a portion of existing lots for, so for these homes, there will be homes here so their lots are larger but the preservation’s on the backs of their lots. So the preservation on Lots 1, 4, and 5 cover existing vegetation but also serve as a buffer. But the wooded areas outside of this area here are also, whether or not preservation areas will also be some undeveloped wooded area. So the Interim City Manager and myself met with some of the neighbors to discuss the potential of additional buffering. Where we can move things around. Craig Allen representing Gonyea Homes who is developing this property also was included in that meeting to discuss the preservation and potential changes to that. Subsequent to that meeting we asked the developer to take a look at what they could do, specifically in this area. Maybe if I go back one slide where we’ve got the tree area here. This home and the proximity so this side yard subdivisions all have to have the 90 feet of frontage. Have the 7 ½ foot. Ashling Meadows is at 10 foot. Ashling Meadows up here is a 10 foot side yard so looking at what could be done there. So in following up from that meeting again the developer looking at what they could do, the City Forester and the Interim City Manager walked the property with some of the residents to kind of look at that so we’ll go through a couple of slides here. So this is showing the approximate location of the garage from the 7 ½ foot from the property line. And then again showing the property line then the garage wall. The 7 ½ foot so I’m looking at kind of the quality of the trees and I think some of the comments that the Forester communicated at that meeting was while they’re putting some spruce trees along the border they might not line up in a perfect line. They kind of got to decide or look at those placement in conjunction which is already the canopy that’s already there. Making sure it will be the most successful to kind of, so it wouldn’t be just in a complete row. They might be offset a little bit along that line to make the best buffer. So again looking at the proximity here. The 7 ½ foot, so this is kind of showing the rear stakes. Some of the trees that are there so I believe Mr. Allen is here tonight. I’m not sure if he’s stuck in the other room. To see if he could comment on that. Mayor Ryan: Mr. Allen if you’re in the other room if you’d like to come into the chambers please. Chanhassen City Council – September 14, 2020 6 Kate Aanenson: So I’ll go through a little bit more detail on the next two lots and then he can come in. There he is. So again just kind of pointing out these trees illustratively. Again this was done by Lennar finishing up the final plat so while they are specifically kind of in a narrow row here, again the Forester’s position is that when those get planted that those would kind of be spot checked to make sure that they’re, based on what other canopies are in the area, how that works out. Again some of the trees will be removed with this house so the question is, you know this proximity to the 7 ½ feet and again kind of looking at the field location of these trees. So the Topaz homes with the proposed grading plans at Lake Lucy, the final locations again should be sourced. Additional planning sites under the shaded area should be re-examined. Again that’s the Forester’s comments so with that again we ask Mr. Allen to look at whether or not additional buffer could be put because of the 7 ½ foot setback which would be this garage area. So part of the challenge with the cul-de-sac is kind of pushing that garage over so I’ll let Mr. Allen speak to what they looked at and what they felt like they could do to accommodate the additional setback. Craig Allen: Thank you Mayor, members of City Council. Craig Allen with Gonyea Company. I think the question is about the setback. Kate Aanenson: Correct. Craig Allen: We had our engineer look at it and it’s really difficult on the north side of the cul- de-sac. There’s not a lot of room there. There’s that conservation easement in place, or going to be placed over those lots so there’s not a lot of wiggle room for those lots in particular. On the south side had him really look at, I mean we would, we prefer a buffer there as well but there’s, with this plat there’s a 15,000 square foot lots and the 90 foot wide lots. I mean there’s not again there’s not a whole lot of room. I will say I can for sure get a 10 foot setback on those, to the lot on the south which would match their setback. I will try to. Mayor Ryan: We have to wait for comments please. Craig Allen: That’s what I was told Ashling Meadows setbacks were so I know we can do that and we’ll try to get more. I mean we, we’re still waiting. We just got engineering comments this week so my engineer he was waiting for those to go back and start making changes and really seeing what he can get but I know we can do 10. We’ll try to do more and for sure we’ll try to save as many trees as we can but these are custom, large you know 90 foot wide pads so the home, you know I can’t guarantee you when the home starts to get built that you know when they’re digging the basement and the roots get damaged that they’ll stay. I would think when they look at the lot they would probably try to work around as much as possible because I think they’ll want the buffer just as much but I can for sure say 10 feet and we’ll try to do more. Mayor Ryan: Okay. Thank you. Kate Aanenson: So with that I was just going to kind of through the plat. So this is the north side. There’s a larger conservation area here. You can see this area here. Chanhassen City Council – September 14, 2020 7 Mayor Ryan: One second we have to get, there we go. Kate Aanenson: Yeah oh sorry. So yeah so the larger conservation area is up in this area here. Actually goes into this lot here so I think this is where we’re saying this north area, the difference here too is that on the south side it’s side yard to side yard and in this area you’ve got a rear yard so the distance is significantly greater as far as a buffer. And just to be clear the Ashling Meadows minimum setback is 10 feet so I don’t know what the house is placed at. It looks like it’s at minimum 10 feet but that’s the setback and that’s the number I gave Mr. Allen and what would be under this PUD allows the 7 ½ foot so what I heard you say is you’d try to make the 10 foot and maybe more. Craig Allen: Yes. Kate Aanenson: Okay. Craig Allen: On the south lot. Kate Aanenson: On the south lot yeah. Thank you for clarifying that. So I just wanted to review with this PUD because this is the last part of The Park piece so Outlot A would be dedicated to the City as part of the park so Outlot C would be that northern plat that has the lots. Inset A is actually the Della Drive and Inset C is actually the stormwater pond and wetland so you can see Topaz, Lake Lucy Ridge, the two cul-de-sacs. Mayor Ryan: Can you show us where that, I’m having a hard time reading this map here. Kate Aanenson: Sure. This is the lot in question. The one on the south side. Mayor Ryan: Yep. Kate Aanenson: So that’s the lot. Mayor Ryan: No I’m just talking about the Outlot B and A, where are those? Kate Aanenson: I’m sorry. So this is Outlot A. So this is the bottom part so Della Drive would be coming in through here. Mayor Ryan: Okay. Kate Aanenson: So this is that area. So this would be part of the park property. And there’s also a stormwater pond in there and there’s trails that would connect at the end of the Della Drive tying up into the cul-de-sac here. Lake Lucy Ridge. And then there’ll be the public trail that would be built along the lake here. And then C, if I can show that. So this area, Inset C would Chanhassen City Council – September 14, 2020 8 then be and Outlot B is the stormwater pond and there’s a wetland replacement in that lot too. So this is again a part of the Outlot A so that, with this project it gives the completion of the park dedication and then also what they need for stormwater capacity and also the trail connections for the overall master plan of the park. So with that you know we went through a development contract and the plans and specs. Engineering has and staff reviewed it to make sure it met all the original conditions of the preliminary plat. If you recall when the preliminary plat was at the meeting in March there was a lot of negotiation so we came back and had them resubmit all of the changes to the final plat that were met at that meeting. You know dropping the 16 lots. The cul-de-sacs. All those were incorporated with the additional buffering so those were approved and so as we moved through the first and second phase, those are all the plans that you’ve approved. So this side really, except for the landscaping, one of the main things in the cul-de-sac remain consistent to that so with that we are recommending approval of the development contract and construction plans and making sure that we can get a 10 foot side yard buffer. Mayor Ryan: Alright thank you Ms. Aanenson. So let me take this off here. For tonight the kind of plan that we’re going to move forward with. Obviously council if you have any questions for either Ms. Aanenson or Mr. Allen we can ask those now. I know that there are residents here that want to make a few comments before council which we will allow tonight. I would just like to remind the folks that are here as well that are in the senior center that want to make comments, you know we have read the comments from the Planning Commission. The different emails. Those are all included in our packet so when you come forward to make sure you have an understanding that we’re familiar with you know the situation so if you could keep your comments not brief because I want you to be able to express yourself but I do want you to know that we did hear. We did have an opportunity to read them but I definitely welcome you forward so before I open it up to residents to come forward, council do you have any questions for either Ms. Aanenson or Mr. Allen? Councilman McDonald: No. Mayor Ryan: Mr. Campion anything? Councilman Campion: Not at this time. Mayor Ryan: Okay so Mr. Allen if you want to stand by in case some questions are directed at you. Thank you. Thank you very much. I appreciate it. So if you’d like to come forward. Any residents in the senior center may come into the chambers. Anyone in chambers may step to the podium. I just ask that you state your name and address for the record. Carla Sundem: I’m Carla Sundem, 1845 Topaz Drive. The lot in question which is the one with the 7 ½ foot setback and I know we’ve met with Craig and with a several people here and we’re just asking for more of a setback. The other side of our house has a 35 foot difference between the two homes and then this one would only be like 20 feet. It’s going to be very, I mean I think it will just look odd from the street view as well but you know we want to be able to maintain Chanhassen City Council – September 14, 2020 9 our trees. We want to be able to preserve our trees. We did watch the tree line with Jill from the City and we did notice that many of those trees are on our property but we work with Craig, anything that you can do to give us a little bit more of a setback so it looks like more of the rest of the neighborhood and even the same as like the Lennar neighborhood. Those homes all have more than 20 feet inbetween them as well and I believe that upper lots as well have more of a setback as well but we’re just looking more of a setback between the two homes because they’re two different neighborhoods but also just to keep the appearance of what our neighborhood looks like and what our home looks like on the other side of our lot. So as of right now it’s 7 ½ feet and 14 so it’s only like 21 feet versus 35 feet so anything you can do Craig we’d certainly appreciate if we’ve looked at some different options that we tried to point out to Craig and I know he’s gone back to his team and we’re just anxious to see what you guys can do. Mayor Ryan: Okay thank you. And if you haven’t signed in after you speak if you wouldn’t mind just signing onto that sheet of paper as well. Where are we at with capacity? Okay, please come forward. State your name and address for the record. Mark Gempler: Hello, Mark Gempler, 1877 Topaz Drive. Hello. Ms. Mayor. Mayor Ryan: Hello. Mark Gempler: Is it Ms. Mayor? Mayor Ryan: Yeah. Mark Gempler: She’s a good soccer player by the way. Sorry I guess. I’m just curious about the, I’m on that corner if you can maybe pull that. It’s where that cul-de-sac is being removed to the, right to the left there. Yeah that’s our house right there. How big is that kind of drawn in wooded area behind? Kate Aanenson: Area? Mark Gempler: Yeah. It’s just hard for me to tell from these maps. Kate Aanenson: I’d be guessing so. This area here. I’m guessing 30-40 feet and then it’s coming down here so that’s all being preserved and this whole area here is being preserved here. Mark Gempler: And one of, I guess my general comment was when they were taking trees down on the south side it seemed like it was more than what we had thought. I mean it was a certain percentage that overall they needed to keep and our hope selfishly was that by the time they got up to us they’d be like oh crap, we can’t take any more trees. Is there any changes in that? Are the percentages look that everything’s on track? Chanhassen City Council – September 14, 2020 10 Kate Aanenson: Yeah they’re on track for preservation so. Again the policy is how we did this is before they can begin construction we go out and put the City Forester walks all the site. They have to put tree fencing up so they stay on their property. That’s all inspected and before they can even, I mean it’s part of the construction immediately before they begin and then we actually field check it all so. Mark Gempler: Okay perfect. Mayor Ryan: And so the question is that in keep track of the percentage of trees is there a process that we keep track on? Kate Aanenson: Yep. Yeah so that’s part of when we approved the project and stayed with the original. So this was part of the original approved preliminary plat so they’re consistent with that so each project has to do. That’s where they measure up to make sure that it’s consistent with what was approved. So each phase has different conditions for preservation. So these are unique for this phase. Mark Gempler: Okay so any savings we would have got on the south side don’t translate to the north? Kate Aanenson: No, because each area is identified differently, correct. Mark Gempler: Got it. Perfect. Thank you. Mayor Ryan: Alright thank you Mr. Gempler. Mark Gempler: Appreciate it. Mayor Ryan: Anybody else that would like to come forward to make any comments? Anyone else in the senior center? Is there anyone else in the senior center from your neighborhood? If you can tell with masks on. Okay. I’ll return it to, thank you for the comments. I’ll return it to the council if you have any other, any questions or comments. Mr. McDonald? Councilman McDonald: No. Mayor Ryan: I have a couple. I don’t know, there’s Mr. Allen. You sat down. So I too walked this property with Ms. Sinclair and Ms. Johnston the other day to get a sense and while the pictures kind of show what it looks like, you know I think the house in particular. If you wouldn’t mind pulling it back up and I’m just referring to my little map here. It’s lot number 155 but that lot on the south side of, I’ll get to the north in a minute but if we can go to the south. No. I’ll work my way north. On the south side when you look at those circles where the trees going to go in and some of the pictures that we saw looked like some straggly trees there. They’re actually really large, mature, I think they were box elders but large trees and the Chanhassen City Council – September 14, 2020 11 challenge that I think that this resident is facing from my understanding, and I appreciate your willingness to start at 10 feet. I’m hoping we can go a little bit further is that when Ashling Meadows was built and I believe from my understanding it was Lundgren, that house was allowed to be built almost up to the property line so you can see how close it is so as far over as you can go onto the property there’s a line of trees and so the challenge while the trees will quote, unquote not be touched because it’s on their property and obviously the developer can’t come in and cut them down. What they can is because of this canopy, if you can imagine the trees shoot and they go over onto this development, well as I learned when the State of Minnesota if they hang over onto your property line that property owner can go up and trim up the trees. Anything that’s hanging over onto the property. So now because of this setback only being 7 ½ feet from the property line a large number of those trees that would be a great border and is you know a nice setting and a great border are now going to be trimmed up and trimmed back likely to the detriment of the tree. When you start digging 7 ½ feet you’re likely to hit the roots of the tree which will then kill the tree and it’s very close when you’re standing on that, you know we all have learned what 6 feet of social distancing is so we know what 7 ½ feet is like and that is really close to be building a garage next to a house. And so when I look at the plat generally speaking and I’m just going based on the housing numbers that I have from the print out that we approved months ago is, as I look at the configuration and I don’t, do you have any way to put this up there? Kate Aanenson: Yes. Mayor Ryan: With house numbers. Kate Aanenson: This is the house you’re looking at right here? Mayor Ryan: Right. So if you go 2 over to the right you have a large lot. Is there not a way to then shift. And I’m not an engineer so I’m not pretending to understand all the cause and effect of shifting, you know shifting lots over but that’s obviously a really large lot and it, it would allow for more spacing and potentially the maximum spacing between the current house and the 155 and I understand that you will try but I’ve also been on this where they try and then they say it just can’t be done and so I just need something more concrete than that and I’m hoping that we can get further away from the house because once you start digging and then try to plant this buffer which I know was part of what we as council asked for in the preliminary plat is those trees which is great to have but there’s no way that you’re going to have this row of trees. Then plant pine trees and then a garage all within a 7 ½ foot buffer. I mean I just don’t see how that’s even possible. So I don’t know if you can speak to that Mr. Allen. Craig Allen: I’m not going to lie it would be tough. I mean that was what was approved and that’s what we’re purchasing is what was approved so we’ll try to make it work in there. That’s where we stole the 2 ½ feet from, that lot you were talking about. That corner lot. He took I think 3 feet out of that yard but those lots aren’t perfectly straight so that goes over 3 feet but in those diagonal lots, and then you have to have a 90 foot wide lot and then the pad along side of Chanhassen City Council – September 14, 2020 12 that the building pad’s 75 feet with a 7 ½-7 ½ so as the lot pies and we had to come off the road farther because that cul-de-sac you know if the road was going straight through we could get more room but since that cul-de-sac we had to pull the house farther back so the setback off the bubble. The house is sitting farther back because of the bubble and then the lot’s diagonal so that’s why you know they’re not perfect lines so it’s, we took 3 feet from that lot and that’s equating to roughly 2 ½ feet. I think we can get more but I can’t, I can’t guarantee until my engineer really gets digging in with the final plans but I know for sure he said we could get 2 ½ feet. Mayor Ryan: 2 ½? Craig Allen: 2 ½ so 7 ½ to 10. Mayor Ryan: Right. Craig Allen: But he took 3 out of that back yard and I don’t think he can take more out of that back yard because the setbacks. You know there’s a 20-25 foot rear yard setback and then the lots have to be 15,000 square feet and you have to have room for a 90, you know you have to have a 90 foot wide lot so I’m not an engineer either but that’s my take from it is, taking 3 feet off of that corner lot’s about all he can do and then that equates to at least 2 ½ feet and we’ll try to get more. The lot beside it was a little wider than 90 so I think we might even be still in, I think that lot’s going from a 92 foot lot to a 90 and then so that’s 5 ½ feet but still with the, the way the lot, you know isn’t perfectly straight. You can still only get at least you know 2 ½ feet I know but we’ll try to get more. If that makes sense. That’s how it was explained to me and I mean if we were looking at it I could probably try to explain it a little better. Mayor Ryan: Right and I understand that. We know we agreed to this number of lots. You know I’m just wondering why you know when we’re going through this process as a final plat that we can’t work to, I mean while we maintain the number of lots because I understand that’s what we agreed to. That’s part of the purchasing agreement so dollars and cents but when we look at all those lots and the shifting of the trail and the size of the lots and I understand from the corner lots, wanting big lots for the view, etcetera, etcetera I still am concerned and I’m sure you were made well aware of my concern about this project and the impact that it has to existing residents because while we do a lot of developments across the city, this is truly an infill development and you’re going right in dead smack into an existing neighborhood. That’s going to impact residents and so I’m concerned about that. I continue to be very concerned about, like you just said you don’t know how you’re going to be able to maintain that tree loss without losing those trees. Planting those pine trees and building a garage. I mean I just, I don’t see how that is even possible. Unless you’re planting 3 foot trees. Craig Allen: Well I think the question is, how much of the existing trees on our side do we want to save or can we save or are worth saving and how much room does that leave for the trees that are in the landscape plan. The trees that are shown on the landscape plan assuming that all those Chanhassen City Council – September 14, 2020 13 trees were coming out. We’re willing to try to save as many of those as we can but I don’t know if we can save a lot of those and plant the. Mayor Ryan: Right and on the other side of those trees that you’re planning on cutting down the significant trees aren’t even on Lennar’s property or Gonyea’s property. Those are on the resident’s property so. Craig Allen: Right yeah we’re obviously. Mayor Ryan: You’re not going to obviously touch those trees but when you’re planting then you’re going to dig and plant you know spruce trees, you’re going to be digging up the roots to those trees. Again I’m just asking from a City perspective from both planning and engineering when you look at this development is there anyway that we can shift any of this and make the recommendation to shift any of these lots further to the east. Mr. Knutson you say no? Roger Knutson: Mayor, members of the council. You approved the preliminary plat. Yet you’re required to approve the final plat. If the final plat incorporates all the requirements you put in on the preliminary plat and it complies with our ordinances, if those are the case then you need to approve the final plat. Kate Aanenson: If I may Mayor I think what Jill’s comments were based on the walk, when you walked is that I think these two lots on the north and south side need specific when they come in for a building permit, I heard Mr. Allen say he’s going to get the 10 feet minimum. That we would look at those specifically to say what should be saved. What should be replaced as I reiterated in Jill’s comments, our City Forester’s comments that we want to look at where those trees would be most effective. Whether it’s existing trees. The placement of those. Like I said they probably wouldn’t line up like soldiers. It might be better to stagger those in places because what she’s saying if they’re overstory they won’t do well so we really want to be targeted and specific so I think if it’s agreeable with Mr. Allen but that would be two lots that we would take extra care in how they come in for the plans and the tree removal and field check those more specifically. Obviously we’ll have the tree preservation up there but spend more time walking those sites. We’d be willing to work with the neighbors on both of those and kind of walk those sites and kind of review the trees if Mr. Allen’s amendable on that and take more care on what we’re removing. What we’re replacing so it’s the best that we can do. So like I say it may not be lined up depending on what that canopy cover is and where it’s the best protection for the existing homes. The best opportunity for growth and the best for the buffer and I think we would certainly be agreeable. Craig Allen: And that’s what I meant by it’s going to be difficult. I didn’t mean, we want a buffer as much as they do. It’s just if we could line every lot with you know nice mature, nice trees and everybody wants that right when you’re buying a lot so we would do as much as we can to get as much of a buffer as we can. We do have to market the lot as a 90 foot lot. You know that’s what we’re buying from the seller and that’s what platted and that’s what we’re Chanhassen City Council – September 14, 2020 14 going to be selling to a home builder so, but I also think the builder’s too want a buffer and they want to have a pretty lot and a nice home eventually so I think if we all work together we can do as good a job as we can. Mayor Ryan: Okay. And then my comments stand true then when you head north. I mean I started on the south just because those were, you know that’s the closest. I mean that is a garage right 7 ½ feet from your property which is pretty severe when you’re standing there. You know and then when you work north I mean there’s a big clump of trees on the south side of the north part then there’s some newly planted evergreens there that the resident planted and I know some are on your property so I mean she, or they acknowledged that as well but there is just, there’s a big clump of trees. Ms. Sinclair did the City Forester did walk through that with the residents and I think the biggest concern is what stays. What goes. That decision making. Things getting trimmed up in the back. They understand it’s going to be a significant change from where they’re at today and that it’s going to be cut down and it’s going to look differently. I just you know it was a wake up call of what happened on the north side of the property when things just were gone and so, or the south side of the overall plat and so again I just want to express and share my concerns about the tree loss and the impact to the neighbors and the residents so. Kate Aanenson: Yeah again we on the planning staff and the City Forester would be happy when those permits come in to work with the adjoining residents to field check all those and then I think it’s going to be better for all parties that we’re all on the same page so we would be happy to do that when those permits come in. Mayor Ryan: Right, and I appreciate that and then I, in working with the neighbors I think is really important and I think that was a missed opportunity again on the south side of the overall project because then Lennar had to come back in and plant extra trees because of, you know not that they did anything wrong and I want to clarify that. They cut down what was committed to cut down but it was just, it was a shocking situation for them when it was everything was gone because what they considered trees were, you know I don’t know. The understory trees or weed trees, I don’t know what the name of it is but everything got cut and then all of a sudden it was clear cut looking out their back so Lennar did come back and plant trees and I just don’t want to have to go through that process again. I just want to make sure, and I’m asking Gonyea to do what’s right by the residents that are there today and so I know you’re a reputable builder so I hope that you do that so, that’s my question for you. I have one more question in terms of the reforestation because I think I’m a little confused on that. If you could bring that slide up. So and this is Della Drive. So did there’s a tree preservation easement and I saw in our notes where it say restoration. Does that mean that everything is going to be cut and then replanted and I think that is something we need to be very clear. Kate Aanenson: Yes. Because there was some grading in that area that will be replanted so there is some of this will be preserved but some of it will also be cut and replanted and that’s part of what’s in the development contract to get that replanted, yeah. Chanhassen City Council – September 14, 2020 15 Mayor Ryan: Okay. And so can you show the plan again? I think, and you know to the residents that are here tonight and as well as watching or watch this, this is your neck of the woods so you’ll be very familiar with what this looks like. I think you told me about this Ms. Aanenson or maybe it was Mr. Gerhardt but you know when you’re driving along Lake Lucy between Galpin and Highway 41. If you’re headed west and you look at that kind of on the west side of Lake Lucy where that steep hill that goes up. What is that neighborhood? Pinehurst? Kate Aanenson: Yeah. Mayor Ryan: Isn’t that kind of how the Lake Lucy was cut in and those, you know that slope was cut and then replanted if that makes sense to you. That’s the similar look that’s going to be here. Kate Aanenson: So yep, so the City Forester’s comments, some of this will be preserved. This is some of the higher quality those of you that live north of that area, some of the higher quality woods so actually right in this area so in order for this street to come through there will be some impact and then so in addition to the preservation area additional reforestation which they have security. Will have to post security for that, will also be carried out but yes that’s some of the significant. Mayor Ryan: So I believe you keep the trees that are on the high end of the bluff. Kate Aanenson: Yep. Mayor Ryan: Those stay and then on the lower portion is what’s being replaced. Kate Aanenson: Yep, right and that’s being impacted by the grading for the street and utilities, correct. Mayor Ryan: Okay. And then the green area is all undeveloped wood area and that all stays left alone. Kate Aanenson: Correct, that’s that preservation area. Craig Allen: The green on the? Kate Aanenson: This right here. Craig Allen: Oh okay. I thought you meant the green. The green, okay. Kate Aanenson: No. Craig Allen: Wrong green. Chanhassen City Council – September 14, 2020 16 Kate Aanenson: Don’t make anybody nervous. No those are all. Craig Allen: I want to make sure. Kate Aanenson: No those are also significant areas. So again just to be clear I mean we do ultimately there will be some grading for the trail to go through and that trail connects too so there is some impacts there but yes those are also the beautiful trees that you can see overlooking. Craig Allen: But I think in, I don’t have, I can’t see the silt fence line but in that yellow area at the top I believe a lot, I think that’s all staying. Kate Aanenson: That’s the no touch but what I’m saying to get the road in, this is the green I’m talking about. To get the road in there. Craig Allen: That green needs to be grading. Kate Aanenson: That’s grading and that will be replanted. Most of the stuff along the southern part of Ashling Meadows should be untouched and again that’s this, where the high quality trees are right there yeah. Craig Allen: Okay. Mayor Ryan: Okay thank you. Those are all my questions and comments in terms of this. Craig Allen: Thank you. We’ll do the best we can. Mayor Ryan: Okay thank you. Craig Allen: Alright. Mayor Ryan: Council any further thoughts, questions or motion as it relates to this topic? Councilwoman Tjornhom: I’ll make a motion. Mayor Ryan: Okay Councilwoman Tjornhom. Councilwoman Tjornhom: And it’s the motion that’s in our packet correct? Kate Aanenson: Yes. Chanhassen City Council – September 14, 2020 17 Councilwoman Tjornhom: Okay. I’d like to make a motion that the City Council approves The Bluffs at Lake Lucy Final Plat, Development Contract and Plans and Specifications. Councilman McDonald: Second. Mayor Ryan: We have a valid motion and a second. I have one point before we take a vote. Mr. Knutson if I could ask one more question. Can we not as part of this motion add, have them commit to the 10 feet or does that, because that’s not part of the final plat we can’t include that? Roger Knutson: You could agree to that. Kate Aanenson: He’s agreeing. Mayor Ryan: So it doesn’t have to be. Roger Knutson: It’s okay. Kate Aanenson: You can add it. Mayor Ryan: Would you mind redoing the motion Councilwoman? Sorry. Councilwoman Tjornhom: If I have the correct language for it. Alright I’ll make a motion again that the City Council approves The Bluffs at Lake Lucy Final Plat, Development Contract and Plans and Specifications with the agreement to add in the 10 feet. Kate Aanenson: On Lot 6. Councilwoman Tjornhom: On Lot 6. Kate Aanenson: Of Block. I can’t read the Block. Councilwoman Tjornhom: On Block. Kate Aanenson: 10 foot side yard setback. Councilwoman Tjornhom: I’m not hearing you. Do I have to say the exact lot number? Mayor Ryan: Lot 155. Kate Aanenson: Yeah that’s on the preliminary. It’s Lot 6 of Block. Craig Allen: Block 3. Chanhassen City Council – September 14, 2020 18 Kate Aanenson: Thank you. Councilwoman Tjornhom: Okay on Lot 6 on Block 3. And agreeing to the 10 foot setback yep. Mayor Ryan: Okay I think we have a valid motion. Is there a second? Councilman McDonald: Second. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves The Bluffs at Lake Lucy Final Plat, Development Contract and Plans and Specifications with the condition that there be a 10 foot side yard setback on Lot 6, Block 3. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Ryan: That motion carries 4-0. Alright thank you Mr. Allen and residents for coming tonight and again please work with staff as well as the neighbors. I appreciate it. Craig Allen: Thank you. Mayor Ryan: Thank you. PUBLIC HEARING: APPROVAL OF ON-SALE BEER AND WINE LICENSE FOR TS FOOD LLC, DBA MED BOX GRILL, 600 MARKET STREET, SUITE 160-170. Mayor Ryan: Under public hearing we have approval of an on-sale beer and wine license. I think that might be you Ms. Johnston. Heather Johnston: That might be me. Madam Mayor, members of the council there is the public hearing. There’s request for a new restaurant called Med Box Grill on 600 Market Street for an approval of an on-sale beer and wine license. This is a new business. It is replacing an existing business that is no longer there and their request is for an on-sale liquor license. We have done the background check and have no reason, found no reason to deny the license so. With that it is a public hearing so. Mayor Ryan: Okay perfect. Are the owners here? Would you like to come forward and introduce yourself? Please. Welcome. We read your article in the paper. Semih Ayhan: Thank you. Hello Ms. Mayor, council members. My name is Semih Ayhan. One of the owners of the Med Box Grill. My business partner. Tuncay Ozdenak: Tuncay Ozdenak. I’ll be one of the owners. Mayor Ryan: Nice to meet you.