CC Minutes 10-26-20Chanhassen City Council – October 26, 2020
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you know figuring out a way to connect with our residents and making it fun as well as
informative so thank you for your efforts on that. Really appreciate it.
Lt. Lance Pearce: Thank you.
Mayor Ryan: Alright, thanks Lieutenant.
Lt. Lance Pearce: Thank you.
CONSIDER MODIFICATION OF WORK HOURS FOR THE BLUFFS AT LAKE
LUCY.
Mayor Ryan: Next up we have old business and this is to consider a modification of the work
hours for The Bluffs at Lake Lucy. Ms. Aanenson.
Kate Aanenson: Yes before we get to that I’d like to show the council that we’ve had a lot of
inquiries from the neighbors as there’s the change going out there so trying to get everybody
kind of directed to a website where they can find information easily. Because project started in
2018 to go in and try to find something is a deep dive so we’re trying to make it easier for them
to find out so we put this under construction projects and then under residential. Hopefully
you’re tracking it online so then you can go to The Bluffs at Lake Lucy so it goes, while is really
directed towards the Bluff at Lake Lucy it talks about the whole Park development because as
you know the fourth addition, The Bluffs at Lake Lucy is being done by a different developer but
it talk about the overview of the project. You know what’s changed on the project. What came
in as the concept. If you recall the original of the street went through and then just kind of
explaining how we ended up to where we got and the changes between, even through the
preliminary plat to getting to the final plat which is this one so to the 169 and all the conditions
of approval. So we tried to put the related resources. These are the most frequently asked
documents. The grading plan. The landscaping plan. The conservation easement so those are
easily found and then we’re working with the developer to do a project schedule so this is what
we’ve got right now and we’ll keep updating that weekly. We’ll kind of check in so that’s what
we’re working on so I’m trying to make it easier for residents who have concerns. I know the
City Forester’s probably been up there the most regarding some of that, the issues that are going
up there but I just wanted to share that with you so hopefully if there’s questions you can direct
them to us or to the website and we can help them find what they need. So with that we.
Mayor Ryan: Ms. Aanenson before you move forward, I don’t want to acknowledge this but I
just want to say how much I appreciate you taking the time and working with the team to put this
together. I mean there obviously are a tremendous amount of phone calls that have been coming
in in the past week and a half. Phone calls, emails, etcetera and just a lot of confusion. Concern.
Wondering what’s going on so appreciate just helping with kind of a first step with the
communication piece so people can look back if they don’t recall what was approved but just to
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have a better understanding of where we’re at. Where we’ve been. Where we’re at and where
we’re going is certainly helpful for us as council to help our residents understand so thank you.
Kate Aanenson: Yeah and thank you for the thank you. Again we want to be transparent. I
think sometimes the misunderstanding of how much detail goes into it. Not only between the
city staff and the engineering’s office and the City Attorney giving all the development contracts.
All the nuances in that. Field checking everything and just responding to all those concerns so
we do want to be transparent and we recognize because this is such a long project, a lot of
different changes that were made so trying to bring that all up so thank you for that and hopefully
it’s useful for the residents so.
Heather Johnston: Mayor, members of the council, if you get questions from folks let us know.
If you can send them to me or to Ms. Aanenson so that we can, she’s got, she’s got frequently
asked questions on the side and so as we start to get those we can…and help people because you
probably some of those people.
Kate Aanenson: Yes, absolutely.
Heather Johnston: You’ve gotten those more than once so what we’re trying to do is get at some
of those frequently asked questions so that then you all have a reference to point people to as
well.
Mayor Ryan: Great, thank you for pointing that piece of it out as well.
Kate Aanenson: Yeah so we’ll just keep adding to it and we’ll be working with Gonyea also.
Gonyea Companies to keep that schedule up so people can just go to there and find out what’s
going on if they have questions so thank you for that. So back to the item at hand, so at your last
you approved the development contract because things were taking so long the Gonyea
Companies wanted to pull out the grading plan so they could commence. So at your last meeting
you did approve the grading permit and development contract related to grading but you limited
the Saturday hours on the north end. Because it was on consent the applicant wasn’t here but he
would like just the opportunity just to discuss that with the council so if that’s okay he would like
to get up and talk and then if you did want to modify it we have some suggested language but
that’s however you want to proceed on that but Mr. Allen is here from Gonyea Homes.
Mayor Ryan: Okay, Mr. Allen welcome.
Mr. Allen: Mayor and council thank you for allowing for me to get up here again and plead my
case and beg. You know I’ve reached out to all of you and expressed kind of the situation. And
I’ll give you a little history. This project was brought to us earlier in the summer and we looked
at it and we’ve wanted to be in Chanhassen for a while and it was good opportunity for us and it
kind of fit our builder pool. Kind of local custom, upper end home builders so we jumped on it
and what was attractive about it is, it had preliminary plat and we were like shoot. You know we
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can get that, you know probably punch that in this year. Get it. Market the homes and kind of
get moving. The market’s good right now so we were excited about that. But once we got into it
we realized fairly quickly that there was a little more involved with, it had preliminary plat but
didn’t have watershed approval and some things took long than expected so then we shifted then
to just, and we just relayed to staff that we’ll, you know our goal would be just to get the
northeast lots. That section of lots in and there’s, the main reason for that is, it’s 15 lots and that
lower part is 16 lots but there’s less infrastructure needed up there for the amount of lots so it
was just, it made sense that we could probably hit that if weather cooperated and everything else
aligned that we could probably hopefully get those lots in at least and get some building permits
and start selling lots to our home builders. Obviously the snow last week didn’t help at all but
we’re still hopeful. Our contractors seem hopeful that we can get the grading done and get the
infrastructure in but you know, and I don’t know if they’ll need Saturdays but it’s, you know
we’re getting at the end of the construction season. I mean Minnesota as you know has a very
short construction season as it is so it’s hard to get lots in here in Minnesota but you know
especially this time of year. The days are getting shorter. If we get snow like we did the drying
days go away just because there’s less sunlight and it’s colder and everything else so I would
love, I’m asking if we could get Saturdays added for that northeast section because that’s really
what we’re focusing on first and then once we get that done we’ll move down and try to do
those. You know as the winter goes until it doesn’t allow it but you know and I think I expressed
to you, you know I think from watching the council meeting last, or 2 weeks ago it seemed like
congestion and construction up in that. You know cars and traffic was one of the main concerns
up there and during the grading part of it there won’t be, we don’t have to haul dirt out of there.
We’d do that within the site so there’d be very little traffic or big trucks or traffic generated in
that two week stretch. And then once the utilities start I can limit deliveries to weekdays so that
would limit any large you know trucks or any deliveries to the site and I think for this project for
those 15 lots we probably would have one delivery and I can make sure that happens during the
week. The only exception that I expressed is, in order to get building permits in Chanhassen we
need to have blacktop down so if we get late in the season and you never know when the asphalt
plants are going to close because it’s weather dependent. If we get to that stage and we’re really
close and we can get blacktop down. Say they’re going to close on a Wednesday and we have to
get sand and gravel in, that would be the only time that any kind of major larger vehicles would
be up working on a Saturday and that, it would have to be very unlucky for that to happen but
that is a possibility but other than that it would just be people just doing normal construction on
the site on Saturdays if they need to work on Saturdays. I mean if weather warms and stays nice
they may not even have to work on Saturdays but it would be nice to have the option since we’re
getting so kind of down to the bitter end here. So that’s my.
Mayor Ryan: Okay, it’s hard to tell with masks on if you’re going to continue. Normally I’d
defer to council for questions first but I’d like to, if you don’t mind council since I had brought
this forward initially. Would like to share a little bit more information since we’ve had our
meeting and obviously I know you reached out to everybody and you and I had a conversation at
the beginning of last week and you shared with me about limiting deliveries to the weekdays.
You know if it’s only 2 of the next 4 Saturdays you know you would be, you would try weather
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dependent as best as you could to get as much work done during the week as possible. But the
goal is to get the, that portion of the development completed so when it comes spring you’re
ready to go to sell the lots and as you and I had said or talked about, I said that I would reach out
to you know those neighborhoods or the residents that were impacted by it to get a better
understanding of where they were at and collected that information really over this past week
and weekend and so the way that, you know in addition to some of other things that I would like
to share you with the gist of the response or the majority of the residents, and thought it was
important for council to know, they were supportive of getting it done and so while they would
rather not have, have you there on Saturday they would rather have that portion of the project
completed so it can move forward and then you get to the next phase and it’s grading and ready
to go for the spring so there is that consensus amongst neighbors that they would be supportive
of what you have proposed tonight and what you’re asking for. But I will say on the flip side in
addition to, and I mentioned something to Mr. Howley last week as well that there’s just been a
few issues that I think they’re concerned about in terms of the turning of trucks. Where they
don’t stay on the street and they’re coming onto the neighborhood’s grass and I shared a list of
items that are of concern to the neighbors and I’ve asked Mr. Howley to pass that along to you. I
don’t need to disclose it publicly right now but there’s just some concerns about you know the
traffic. The parking and just some of the activity up there so I would just ask you to follow up
with Mr. Howley on that just to make sure that we’re, you know we’ve done infill developments.
The Park is a huge thing but this is truly driving through an existing neighborhood to expand to
15 houses and I just want us to be cognizant of the impact to those residents so, anyway I did
want council to know that the residents that are most impacted by this and I went out to their
association. They are supportive if they do work on Saturdays. As limited as possible but if you
had to be there on Saturdays they would rather get to the next stage so I will now ask council if
you have any questions but I did want to share that piece of information. Does anybody have
any questions?
Councilwoman Tjornhom: No, just thank you for the legwork on asking neighbors because it is
important. It’s their home and I think it is prudent to get done as soon as possible, especially
when the weather is cold or people aren’t out as much. Windows aren’t open. Now is the time I
think to get it done so they are not facing this same situation in the spring.
Mr. Allen: That would be our goal.
Mayor Ryan: Perfect. So any other questions council? So with that council I think Mr.
Aanenson…
Kate Aanenson: Yes. I believe you can just say the motion is staying. Do I have to read the
whole motion?
Andrea Poehler: They can propose the motion with the language in the staff report.
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Mayor Ryan: Okay. So I don’t know if you’ve seen the motion but the motion is to allow to
work on Saturdays and again I just, and this doesn’t have to be a part of the motion but I know
this is a third time I’m saying it. Please just follow up with Mr. Howley on some of the
construction concerns.
Mr. Allen: Yeah for sure. This is the first I’ve heard of any concerns.
Mayor Ryan: Okay.
Mr. Allen: I know there was a tree concern and I think Jill went out and met with them.
Kate Aanenson: Yep, that was today.
Mr. Allen: I don’t think it turned out being a concern after all but we’re happy, just let me know.
Mayor Ryan: It’s access. It’s more long term of where your access points and what not and
again it doesn’t have anything to do with this motion so I don’t want to muddy the waters but I
just wanted to make sure that the communication is there. You know if you ask for one opinion
or one feedback you know I got a lot. I know we all have gotten a lot about the development as a
whole and just the concern over it but just sticking to this, this is about the Saturday construction
and if you can commit to make sure some of the deliveries stay during the week like you had
said, you know I think we should be able to move forward.
Mr. Allen: Great.
Mayor Ryan: Okay. So if there is a council member that would like to make a motion and
according to Ms. Aanenson we can just reference the motion.
Kate Aanenson: Reference the motion in the staff report, yeah.
Mayor Ryan: Councilman McDonald.
Councilman McDonald: I was going to read it. Okay U, and it says period. I don’t know if
that’s your construction company or what.
Kate Aanenson: That’s the section of the development contract.
Councilman McDonald: Okay. Section U. Construction hours including pick up and deliveries
of materials and equipment and the operation of any internal combustion engine may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 5:00 p.m. on Saturdays with no
such activity allowed on Sundays or on legal holidays. Contractors must require their
subcontractors, agents and suppliers to comply with these requirements and the contractor is
responsible for their failure to do so. Under emergency conditions the limitations may be waived
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by the written consent of the City Engineer. If construction occurs outside the permitted
construction hours the contractor shall pay the following administrative penalties. First
violation, $500. Second violation, $1,000. Third and subsequent violations, all site development
and construction must cease for seven calendar days.
Mayor Ryan: We have a valid motion. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Ryan: Thank you Councilwoman Tjornhom.
Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council
approve to amend the Development Contract as follows:
Section U. Construction hours including pick up and deliveries of materials and equipment and
the operation of any internal combustion engine may only occur from 7:00 a.m. to 6:00 p.m. on
weekdays and from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on
Sundays or on legal holidays. Contractors must require their subcontractors, agents and
suppliers to comply with these requirements and the contractor is responsible for their failure to
do so. Under emergency conditions the limitations may be waived by the written consent of the
City Engineer. If construction occurs outside the permitted construction hours the contractor
shall pay the following administrative penalties. First violation, $500. Second violation, $1,000.
Third and subsequent violations, all site development and construction must cease for seven
calendar days.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan: That motion carries 5-0.
Mr. Allen: Thank you.
Mayor Ryan: Thank you.
PUBLIC HEARING: CERTIFICATION OF DELINQUENT SEWER AND WATER
ACCOUNTS TO THE COUNTY AUDITOR.
Mayor Ryan: Mr. Johnston.
Heather Johnston: Mayor, members of the council this is an annual item and people have
delayed or not paid their water bills so we certify them to go on the assessment rolls at the
County so there’s a public hearing for this. If someone has a hardship they can come forward
and indicate that that is an issue…