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CC 2013 07 22 CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 22, 2013 Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha, and Roger Knutson PUBLIC PRESENT: Laurie Susla 7008 Dakota Avenue David Walstad 10071 Great Plains Boulevard John Chadwick 4477 Manitou Boulevard, Excelsior Steve Ach Lennar Jeff Fox Excelsior Nick Polta Pioneer Engineering Mayor Furlong: Well good evening everyone and thank you for coming to our meeting this evening. We’re happy for those of you that are here in the council chambers who chose to join us and for those watching at home as well. Thank you for being with us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not, without objection we’ll proceed with the agenda as published. PUBLIC ANNOUNCEMENTS: INVITATION TO CHANHASSEN DAY AT THE ARBORETUM, AUGUST 2. Mayor Furlong: I’d like to start this evening with an invitation to the Chanhassen/Carver County Day at nd the Arboretum on Friday, August 2. The Minnesota Landscape Arboretum in partnership with the City of Chanhassen and Carver County invites all Chanhassen residents to come and enjoy a free day at the Arboretum. The Arboretum admission will be waived throughout the day from 8:00 a.m. to 8:00 p.m. with residents with valid ID. I would encourage all residents to go. Use this opportunity to get out and experience one of Chanhassen’s natural treasures. At 10:00 a.m. there will be a special welcome from the Arboretum Director, Ed Schneider, Carver County commissioners, Councilor Tjornhom will represent the City in the great hall and the visitor’s center. A variety of activities are planned throughout the day and they include nature and garden walks. Guided tram tours. The master gardeners will be at the information desk to respond to questions. There’ll be children’s activities and other events so it’s certain to be a good day. This year’s summer exhibit at the Arboretum is Gophers in the Garden and as part of the summer emotion’s series out at the Landscape Arboretum. Please visit the City’s website for more information on times and activities and I hope you all come out and enjoy this event, and I’d like to, I’m going to be out of the town but I’d like to thank Councilwoman Tjornhom for agreeing to be there and welcome everybody on our behalf as well as I’d like to thank the Minnesota Landscape Arboretum for again hosting this event and opening it’s doors for free admission to all of our residents. It really is a nice event and we’re very grateful for what they do in this area and our community. Move now to items under our consent agenda. CONSENT AGENDA: Chanhassen City Council – July 22, 2013 Mayor Furlong: I will say too that item number 5 had some, was modified and that has been distributed to the council members and the effect of that modification was generally to take out irrelevant aspects or immaterial aspects of those items. Is there anyone that would like any items, items E, 1 through 8 for separate discussion? Anyone in the chambers? Okay, is there a motion to adopt items E, 1 through 8? Councilwoman Tjornhom moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of Minutes: -City Council Verbatim and Summary Minutes dated June 10, 2013. -City Council Work Session Minutes dated June 10, 2013. -City Council Work Session Minutes dated June 24, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 18, 2013 -Park and Recreation Commission Verbatim and Summary Minutes dated June 25, 2013 Resolution #2013-36: 4. TH 101 GAP Project (Pioneer Trail to CR 61): Approve Resolution of Support and Priority Designation. th 5. The Preserve 5 Addition, Chanhassen Residential Development Partners as amended: a. Final Plat Approval. b. Approval of Plans and Specifications and Development Contract. c. Approve Addendum to Development Contract. 6. St. Hubert Catholic Community, 8201 Main Street: Approve Requests for Temporary On-Sale Liquor Licenses, August 17 & 18, September 28, and October 11. th 7. Verizon Wireless: Approve Lease Agreement for Downtown Water Tower, 500 West 76 Street. Resolution #2013-37: 8. Resolution Approving Decertification of Tax Increment District #8. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Laurie Susla: Hi. My name is Laurie Susla. I live on Dakota Avenue in Chanhassen and I just had a quick question for council. I noticed an item in the agenda for the working session this evening about the road reconstruction funds actually being hundred, I believe it was $171,000 over budget and I was wondering if that was the City portion that was over budget or the, if the citizens were actually slightly over charged for the road construction that was going on this summer. Or did I read that wrong? Todd Gerhardt: Under budget. Laurie Susla: I’m sorry, I misspoke. Under budget. So with the excess funds, are those going to be returned to the folks who paid for the reconstruction? The homeowner part of that. Todd Gerhardt: The homeowners were charged based on bids received. 2 Chanhassen City Council – July 22, 2013 Laurie Susla: Right. Todd Gerhardt: So they saw their proportionate cost reduced as a part of that in the final assessment. Laurie Susla: Oh perfect. So in other words the money that is, the surplus is strictly a City surplus. Todd Gerhardt: Yes. Laurie Susla: It’s not coming from the citizens at this point. Todd Gerhardt: Correct. The City’s portion. Laurie Susla: Thank you. I just was curious about that. Thank you very much. Mayor Furlong: Anyone else for visitor presentations? Good evening sir. David Walstad: Good evening. My name is David Walstad. I’m at 10071 Great Plains Boulevard. That’s just across from Halla Nursery, if that helps. So just south of Pioneer Trail and I was looking at the agenda for the working session and it talks about item 4 which is the Highway 101 GAP project that is, the funding of which is being requested through the legislature next year and I just had some general questions. I saw part of the documents that were supplied online included a Paul Oehme. I believe it’s Oehme. Mayor Furlong: Yes. He’s our City Engineer. David Walstad: Right. The letter to Todd Gerhardt regarding the Pioneer Trail to CSAH 61 and I just had a couple questions on that. Just regarding the routes that are being developed. I’m sure everyone here aware is this has been a long term project and we had maps done in 2007 that included four alternate routes, one of which went within 30 feet of my property and we’ve been kind of hanging on waiting to see what’s going through this and I understand there’s a whole development process but my first question was in regards to, are those prior development plans going to be revamped or all new or how does that work? Mayor Furlong: Mr. Oehme, would you like to respond? Paul Oehme: Sure, Mayor, City Council members. We will have to go back and re-evaluate that 2007 corridor study. Those alignments that were originally identified in that document will be re-evaluated plus we’ll add to them but we have to look at all the alternatives when we go through the environmental documentation process but typically you know what we’re finding is the least cost. The best alignment is typically using the current corridor. The current alignment of the road but straightening out as much as we can. We kind of use that same process on the same section of 101 north of Pioneer Trail so, we’d still have to evaluate all the alignments and look for opportunities to save costs and reduce the amount of environmental impacts but we’ll definitely look at the existing corridor alignment very hard so. David Walstad: Okay. And I saw there was $6.8 million in the proposal as far as land acquisition. I was just kind of curious if that involved, you know how that was determined. If that was just kind of a ballpark or. Paul Oehme: Yeah. David Walstad: …specific properties that would be designated. 3 Chanhassen City Council – July 22, 2013 Paul Oehme: Well what we looked at, the current corridor and what would it take to improve that section of roadway to the four lane design. In looking at what adjacent properties would need for strip takes or twelve takes and that’s the estimate that we have currently. David Walstad: Okay and my last question is regarding the, I call it the yellow brick house. I guess I don’t know who bought it or who lives there currently but there’s a home that was on that road that was, they were making an attempt to designate it as a historic site and how much of an impact that would have on your route choice. Paul Oehme: It definitely plays a factor into the selection of the corridor. At this time I can’t exactly how much it will play a factor into where the alignment of the new roadway would go but it will be a factor, yeah. It’ll be re-evaluated again. David Walstad: So my last, I’m sorry, my last, last. I guess a future update, when would we be looking at when those kind of decisions would be made? Paul Oehme: Sure. Well there’s no funding right now for this section of roadway. David Walstad: Assuming you got the funding from the State next year. Paul Oehme: Right, so I mean if we get funding that’s one of the first things that we’ll have to do is look at hiring a consultant first off to start looking at the environmental documentation work. After we get that contract approved, one of the first things we do is always try to have a kick off meeting with the neighborhood just to let you know about the project. When it’s coming. Kind of the steps involved with it. Timeframe, those type of things so we always try to engage the property owners as much as we can in this process. David Walstad: Alright, thank you. Mayor Furlong: Okay, thank you. Anyone else for visitor presentations this evening? Alright. Thank you. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Good evening Lieutenant. Lt. Jeff Enevold: Good evening Mr. Mayor and council. Have a short power point presentation for you here. Last year at this time I presented to you a study that showed the Uniform Crime Report to our key financial strategy cities and that came out from the BCA again this month so I thought I would bring that back to you and compare 2012 to 2011 and see where we stand with that. And you can see here our key financial strategy cities and how we compare. The white numbers are 2012 numbers and then you can see at the bottom there’s a comparison there between 2011 and 2012. You can see that we fared under Part I and Part II crimes of all of the key financial cities and we’re also under on a number of sworn officers. We’re at 15 and the average is 26 in both 2011 and 2012. Any questions on that? Councilman Laufenburger: How many of these cities are contract with, like we contract with Carver County? Lt. Jeff Enevold: There’s only one and that’s the City of Andover and that’s why I don’t have any statistics for them. They don’t give those statistics. 4 Chanhassen City Council – July 22, 2013 Councilman Laufenburger: But the rest of these are all independent police departments. Lt. Jeff Enevold: Police departments, that’s correct. Councilman Laufenburger: Okay. Lt. Jeff Enevold: The next one kind of breaks out the Part I crimes and you can see where we stand on Part I crimes. Again the City of Chanhassen is under for all comparison key financial strategy cities so again this is a pretty safe community that we live in here and that we have. What I did is I looked at the three cities that I thought were closest to the city of Chanhassen so I pulled out all the others and did a comparison and you can see how we compare to the City of Farmington, Lino Lakes and Rosemount. We’re actually over a little bit in Part I crimes when we compare to them and under for Part II crimes and you can see the average sworn officers for those three communities is about 22 and again we’re at 15. And the last few slides are just some of the community involvement that we’ve been involved in here th recently. Obviously the 4 of July celebration was a great success. You can see a couple of deputies up there enjoying some of the great food that we had at the celebration there. Mayor Furlong: And working hard. Lt. Jeff Enevold: Absolutely, yes. And you can see the sheriff’s car in the parade. I think that was me leading the parade there. There’s my mug shot there too and you’ve got Bob Zydowsky in the squad car th here and we just had a wrap up here with Jerry and Mitch about how things went with the 4 of July celebration and we all came to consensus that this was probably one of the smoothest and best organized celebrations that we had so it really went off well and it was great teamwork by everybody. Public works, parks, public safety, everybody. And the last community involvement we had was the public safety camp. I know the Mayor was there at the end. We had the State Patrol helicopter show up and the kids really enjoyed that. The pilot gave a great talk about you know what he does for the State Patrol. And this was Thursday last week, and if you remember that was one of the hottest, muggiest days of the year so far so the fire department was luckily there and he was hosing down the kids and they had a blast yelling and screaming and enjoyed that so thanks to the fire department. And the last one here is the bike rodeo. This was a big success. They really enjoy this. We set up a course where they go through a serpentine course and they have to stop at stop signs and show us their hand signals and they really enjoy that and all the kids had a great time, even though it was such a hot day. We really had a great time and Beth Hoiseth, let me just put in a plug for her. She does such a great job of planning and organizing this event and every year it’s a great success so thanks to Beth for all the time she put into making this successful. And that’s what I’ve got for you. Any questions, comments, concerns? Mayor Furlong: Thank you Lieutenant. Questions for Lieutenant Enevold. Councilman Laufenburger. Councilman Laufenburger: Thank you. Lieutenant, your team does a wonderful job and I marvel at the efficiency, especially when compared to some of the other key financial cities. I do have a question maybe I could ask you to prepare for August when you come and meet with us in August. I’d like to know a little bit more about what you and the school resource officer, that’s Bob Zydowsky right? Lt. Jeff Enevold: Correct. Councilman Laufenburger: What you do to prepare for the school year. I’d just like to know what are the anticipated issues that you feel that the kids in school participate in or what key elements that Bob needs to be prepared for and what kind of support does Bob have? Is there a seminar he goes to or anything like that but if you could just be prepared to speak to that in August I’d appreciate that. 5 Chanhassen City Council – July 22, 2013 Lt. Jeff Enevold: Absolutely. I’ll bring Bob here and he can speak to that. Councilman Laufenburger: Alright, thanks Jeff. Lt. Jeff Enevold: Terrific. Anything else? Mayor Furlong: Thank you. Other questions? Mr. McDonald. Councilman McDonald: Yeah, and again I thank you for all the work you do and I think the statistics kind of prove you out. What my question is, I’m just wondering if we can get a copy of your presentation? Lt. Jeff Enevold: Absolutely. I can send that to Laurie and then she can get it out. Councilman McDonald: Thank you. Lt. Jeff Enevold: Absolutely. Mayor Furlong: Other things? Thank you. Lt. Jeff Enevold: Great, thanks Mr. Mayor. th Mayor Furlong: Appreciate the presentation. Appreciate the department’s involvement in the 4 of July as well. Chief Wolff is here this evening, representing the Chanhassen Fire Department. Good evening Chief. Chief John Wolff: Good evening Mayor, good evening council. Tonight’s report, we swore in 4 new fire th fighters on July 8 at our annual Black Hat Ceremony where the fire fighters go from their yellow probationary fire helmet to their black helmet. Had a big crowd there. The families were invited and members and retired members. Also that night we introduced 3 new probationary fire fighters and our recruiting efforts have been very, very strong. This is the first year we actually have a waiting list. We have 5 people that also qualified. We just don’t have space for them. No one’s retiring. People love being a fire fighter and, but it’s nice to have that list too so if we do lose someone that we don’t expect that we’ll be able to tap in. Had a couple promotions. One of my squad leaders, Matt Warden, Lieutenant Warden was promoted to Captain and he’ll be taking over our safety program. And to replace Lieutenant Warden or Captain Warden we promoted Fire Fighter Adam Norcutt and Adam’s got 3 years experience with us but he had 4 years with Woodbury Fire so he was, came kind of with some extra experience and did really well in the testing process. On calls year to date we’re 30% above last year but last year was 30% below average and at least at this point it ended up kind of smoothing out so we’re right on the 5 th year average almost to the percentage so kind of where we would expect to be in terms of call volume. 4 th of July for the fire department started early at 3 minutes after midnight on July 4 we had a house fire. First substantial house fire of the year. It was very close to our Station 2 and we had a quick response from Lieutenant Keusman and Engine 21. I’ve been to a lot of these fires when you don’t get there quickly and they end up being kind of a disaster for the family but this fire started in the garage. The car caught on fire and pretty much was contained to the garage because of the quick response and the excellent tactics of the fire department. We brought in some mutual aid partners that evening also to th support us there so the fireworks started at 3 minutes after midnight on the 4 for the fire department. thrd Otherwise a very quiet day. We also supported the events for the 4 of July. The events of July 3 with the kiddie parade and the street dance. We had a safety tent there. Had our trucks in the parade and so forth so, and then also supported the Lake Minnewashta fireworks too for later on that evening. We’re 6 Chanhassen City Council – July 22, 2013 th looking forward to assisting the city with the National Night Out on August 6 which is a big event for us all and I know we have a lot of neighborhoods on tap and Beth does a wonderful job getting us engaged with that, as I know a lot of you do too. We’re also going to be involved with the Miracles for Mitch th Triathlon on August 17 and a new event called the Tonka Mud Run which is being sponsored by a non- profit that supports Children for Hunger worldwide and it’s a group that’s based in the, kind of the lake region and they have secured the Lake Minnewashta Park to run this mud run and these mud runs are these popular events that you see all around the country and so they’re using that sort of theme to try to raise some funds for their fundraiser and they’ve asked for our support and so we’re going to help them th on the 24 of August. So take any questions. Mayor Furlong: Great. Questions for Chief Wolff. Councilman McDonald. Councilman McDonald: I just wanted to say that I appreciate the work you do and everything and we’ve made comment before about those feedback cards and I really appreciate you continuing to put those in because it does show the level of service and everything that we’ve giving to the community. And yeah, the fact that you could contain the fire to the garage, whether it was luck or just you know your expertise, we’ll go with that but I think that the community owes you a great deal of thanks and really appreciate the work you’re doing so thank you. Keep it up. Chief John Wolff: Thank you. We’ll take a little bit of luck when we get it. Mayor Furlong: Okay. Any other comments? Very good, thank you. Chief John Wolff: Thank you. JEURISSEN FIRST ADDITION/CAMDEN RIDGE, 1500 PIONEER TRAIL: A. JEURISSEN FIRST ADDITION, APPLICANT/OWNER: BRUCE JEURISSEN: REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL AND APPROVAL OF DEVELOPMENT CONTRACT. B. CAMDEN RIDGE, APPLICANT: LENNAR/OWNER: BRUCE JEURISSEN: 1) REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R); PRELIMINARY PLAT OF APPROXIMATELY 36.2 ACRES INTO 32 SINGLE FAMILY LOTS, 26 TWINHOME LOTS, AND 7 OUTLOTS; AND A CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. 2) CONSIDER APPROVAL OF DEVELOPMENT CONTRACT FOR GRADING PRIOR TO FINAL PLAT APPROVAL. Mayor Furlong: We have a number of items here but let’s start with a staff report please, and Ms. Aanenson maybe you can kind of explain through the different items that will be before the council this evening. Kate Aanenson: Thank you Mayor, members of the City Council. While this is one property there is a couple different motions and through this presentation tonight you’ll see how they’re all inner related but if it’s okay with you I think it’d be nice just to put it in one motion. They’re all intertwined. Inner dependent on each other. So with that this application, it’s for a 36 acre parcel located in what we call the 7 Chanhassen City Council – July 22, 2013 2005 MUSA area located on 1500 Pioneer Trail. The request is for a rezoning from agricultural to a PUD-R and a subdivision review with a conditional use permit. The subject site is zoned agricultural and it is guided for medium density which means it has to have the minimum of 4 units an acre. Medium density goes from 4 to 8 units an acre and this project is right at the 4 units. 4.03 units an acre. The existing conditions on this property. The site currently gains access via Pioneer Trail, hence the address through this access. There we go again. Thanks. Let me just go back here for a second. Okay, subject site. 36 acres. And A2 and the medium density. So this is the existing conditions. Again the 36 acres. The 1500 Pioneer Trail address is based on this current driveway access coming up. Going underneath the 212 bridge and currently accesses the farm property this way and there’s a narrow, also another driveway that services the property that’s being farmed in this area. So the creek separates the two so topographically they’re different in how we saw them and through the Comprehensive Plan which I’ll address in a little bit more detail. There are a lot of moving parts on this property and it tends to be more complex in how it’s developed so there was this area did have an alternative urban review on it and assessments were made on that and I’ll go through that in a little bit more detail. Access to the property. The Bluff Creek corridor. The PUD requirements. The shoreland district requirements and then some other issues that we want to address on that Outlot C which is why there’s a separate development contract. I think the biggest difference on this project, which we haven’t done too much in the city where you have an underlying property owner that’s selling a portion of the property for development. Holding the rest in reserve and then dedicating a part of that to meet the requirements for that project, for the subdivision to go forward and then preserving a part of that to be determined in the future and I’ll go into more detail on that. So the alternative urban areawide assessment review for the 2005 area did one thing. We had one project that came in, Liberty on Bluff Creek where we, that triggered the environmental assessment. Instead of looking at that one piece in a vacuum, we studied that whole 600-700 acres and decide what was the best way for that to get serviced. Not only through road access but also provide sewer and water throughout this entire area so Liberty on Bluff Creek was the first project to go through. Then we did get some entitlements on this property that we’re looking at today and that plat went away. The Creekside plat which you have a copy, a picture in your staff report. That project also had close to 140 units on it. Then we look at Pioneer Pass. That one is underway. There’s very few lots left in that th subdivision and then finally the Preserve which you did just approve now. The 5 Addition on that plat so those developments are moving along and selling out. The existing conditions, again let me just go back a second for the assessments. Want to mention a couple things on the assessments and that’s in detail in your staff report and that was, there was an assessment for the AUAR that was attributed to each property so when those properties come in they’ll pay for that. Their portion based on the acreage. Then there’s also assessments in detail regarding the sewer and water that would provide sewer and water, was put in place that gives this property the ability to develop by putting that in. In addition the road, Bluff Creek Drive is the access point, the main collector for these properties. So the assessments then would be for, as they’re itemized in the staff report, for the MUSA expansion, Trunk 101, the Bluff Creek improvements and then there’s a total assessment for the property based on the previous entitlement that was given for this property, and I know you’ve had some discussions and there’s some correspondence in your packet regarding that specific issue. So again the existing conditions on the site, when we looked at the alternative areawide review and we looked at the, how this property would be developed. It wasn’t ever contemplated that something on that lower bluff would be developed because of the steep slopes that are identified here. The creek and the like so if we go back to this area here you can see how the Bluff Creek goes through the entire length here. We’ve got the city trail that goes down. It will continue down through that area but that was an area, because of the low lands and the flood plain down in the area closer to 212 it was not contemplated that that would be developed. So the subdivision that’s moving forward is actually on this top piece up in this area here, and then we have the separate outlot which I’ll go through in a little bit more detail. So this project when we looked at it, it came in, again to meet the 4 units an acre they had, the applicant had looked at doing an RLM. Similar to what they had done over at Reflections but that subdivision required numerous variances and the staff was uncomfortable giving that many variances on that type of a project so we worked hard, and with their good engineering they put 8 Chanhassen City Council – July 22, 2013 together the PUD but the PUD also, same with the low density, there’s an expectation that with that you’re providing some additional preservation of open space. Because the developer wanted to use everything on the northern half of the creek, the preservation then, and to meet the shoreland regulations, had to move to the south of the creek. So the development standards, intent, lot coverage are all set forward in the PUD ordinance which is attached as a part of the staff report so we felt this was the best tool to move forward. Again to meet not only the 4 units an acre but to provide the flexibility on those lots. The applicant too has provided house sizes that we know can meet those lots on all those so if you look at the twinhomes that are also on this project, it’d be similar to what they’ve done in Vasserman Ridge where they have twinhomes and single family homes, same developer so we have a history of how they’ve worked with that in the city. So the other issue then would be the shoreland district because Bluff Creek segments the two pieces of property so there’s a shoreland district line. There’s a hard cover requirement. Shoreland district calculations and then the total shoreland area has to be provided for. So there’s a lot of engineering and a lot of calculations on this project. So then within the PUD this would be the property that’s being developed so that plat shown on the northern part here would be the plat itself. This Outlot B is required for dedication in order to one, accomplish the PUD ordinance and also to accomplish the shoreland regulation requirements of that 50% open space so this is a required extraction for preservation. We’ve shown the shoreland protection ordinance on line on that so that’s a requirement for the lot sizes that have to go within that area. So Outlot C wants to be held by the underlying developer. Excuse me, underlying property owner to be determined in the future. So as we stated in the staff report, preservation of that, there is a farm road that gets to that property now. We have put together in our ordinance what we believe is the right language for that access to get to that Outlot C and saying that we want to see how that would be determined in the future. Again the original AUAR did not contemplate this area being developed so we’re saying if it can be developed, you need to go back and amend the AUAR and show us how we can get sewer and water and a road to that area. So this would be st the Jeurissen 1 Addition so this plat needs to happen, and again these need to happen simultaneously so the development for Camden Ridge would be on Outlot A. Outlot B would then be the preservation area needed for again the shoreland regs and the open space for the PUD and Outlot C would be still maintained by the underlying property owner. So this would be the subdivision for Camden Ridge. So this would actually be the plat. The developer also wants to proceed with grading so we’ve also included in here another piece, just to keep it as simple as we can, another piece to keep the developer moving and that would be a development contract to allow for grading but that development contract is also tied to another project and that would be the property to the north to get access to this site, and that’s this piece th right here. With the 5 Addition this access is being platted. That gives them the ability to get down to the property that they need to to grade so that also has to be executed because we cannot give them grading permission until they have, so there’s actually dedicated right-of-way to get to that property. On the subdivision itself there’s a 70 foot change in grade between the northern end and the southern end and there’s some pretty substantial retaining walls in the area. The one retaining wall on the north is up to 9 feet in height in one area and it runs the length of 420 feet and that’s this area right here. And then the one in the middle. Mayor Furlong: I’m sorry. Kate Aanenson: I’m sorry. Mayor Furlong: Which area? Kate Aanenson: Right here. Sorry, moved too quickly there. Mayor Furlong: Thank you. 9 Chanhassen City Council – July 22, 2013 Kate Aanenson: About 420 feet up to 9 feet in height. This would be just south of the Fox parcel where there’s a significant tree stand to the north so they actually moved that street down, preserving those grades and then putting that retaining wall so again doing a lot of engineering. Looking at the best way for the road configuration. Best layout for the lots. A lot of different designs and this seems to be the best location for the roads and the configuration of the plat. The next retaining wall is in the middle of the site here between the backs of these lots and that’s about up to about 3 feet in height and that’s about 287 feet long. So it goes back about 3 or 4 homes. And then there is another retaining wall around the stormwater pond and that’s about 122 feet along the side here and that will also be fenced. We’re along 212 here so we’re anticipating providing additional buffer for noise attenuation along that side of the road and then the other part of the grading, because this is, the conditional use requires if you’re grading within the Bluff Creek area, that does require a conditional use so we want to control that. It appears that some of the trail might be encroaching on some of that grading would be so that mitigate that but the other recommendation we had on try and reduce that one recommendation would be change some of the, whether it’s a walkout, lookout type home or providing some additional small walls. Again the condition we have on those retaining walls is those belong to the homeowners association to maintain and not the City so that would be a condition of that and that would be in the development contract. As I indicated the conditional use is to cover those grading within the corridor on that map I just showed you and that kind of follows, this is the primary corridor here. Again some of the city’s trail might contemplate edging into that grading itself so that trail that we’ve got in place that goes up to, terminates right now as you go underneath Bluff Creek would then come down. We’ve got a city stormwater pond with a connection of th the plat here on the Degler, the Preserve 5 then this trail would then continue on down until such time that we connected to that property going to the south. Sewer and water, again would be coming off of Bluff Creek Drive. As I indicated that’s part of the assessments that’s being paid for the, with this project to cover those. I did want to comment on a stormwater fee on that. There’s a note that was brought to our attention here at the end of the day. I’m on surface water management fees in your staff report and it talks about treating the 16.05 and then there’s an assessable number of 17.05. I think it should maintain the 16.05. The City Engineer’s looked at that so the calculations would change on that so the final fees for the stormwater at final plat would be $104,930.25 so that would be a change in the conditions of approval and into the development contract on that. Todd Gerhardt: Which page Kate? Kate Aanenson: I’m on page 16. The bottom of 16. Did you want anything else on that Paul? Mayor Furlong: I’m sorry, the acreage is changing from 17.05 to? Kate Aanenson: Well if you look at the top of page 17 it says 16.05 in the beginning of this document on page 16 it says 16.05. There’s just one place where they use the math, that’s calculated at the 17.05 for the acreages so I think that was. Mayor Furlong: Okay. Kate Aanenson: Did you have anything else to add on that Paul? Tree preservation. The areas that are in the darker color are those areas to be removed and try obviously saving everything along the creek corridor and then that as you move towards the property to the north, again trying to save those trees up in that area. So again a landscaping plan that meets city ordinance. Again trying to continue. This is MnDOT property along this area here. There’s a stormwater pond and a wetland up in here. Again try and provide significant vegetation here where we can provide the buffer. I know that was some of the challenge for the developer and their engineer to try to, on those lot configurations. They’re narrow but they’re deeper, again to provide for that noise attenuation. A better buffer. Parks and recreation. This neighborhood would then use the new Pioneer Pass park in this area here so the parks recommendation 10 Chanhassen City Council – July 22, 2013 then would be just take park and trail fees based on that number of units and that would be no additional park with that. They would use the existing neighborhood park. So with that we are recommending the st final plat for Jeurissen 1 Addition and a development contract, the rezoning of the subdivision, and conditional use permit for Camden Ridge and then development subject to the conditions of approval of the staff report. In addition I would also recommend that you approve the A, B. A and B, 1 and 2 with the only modification then would be the stormwater fees. And I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff at this time? Councilman Laufenburger: I have Mr. Mayor. Mayor Furlong: Yes, Councilman Laufenburger. Councilman Laufenburger: Kate can you go back to an overlay that shows Outlots B and C kind of in a raw? Kate Aanenson: Can you see that? Councilman Laufenburger: Yeah that’s good. Okay. Outlot B, right there. Just a little bit south of where your arrow is. There, that area. Is that part of what you described as flood plain? Kate Aanenson: As you get down towards the bottom part it’s called Zone A. I think it might be helpful if we look at this, the topography here. Councilman Laufenburger: Okay, that’s fine. Kate Aanenson: So it’s just kind of more illustrative to kind of understand. So if you look at where the development’s occurring up in this top part here. Councilman Laufenburger: Right, and that would be north of the creek correct? Kate Aanenson: Correct. The creek runs right through here. Councilman Laufenburger: Yeah. Kate Aanenson: So then you’ve got the shoreland and then this area on the south side where the trees are, in this area here, would be Outlot B and then the current farming operation would continue then on this portion here. Councilman Laufenburger: Okay. Kate Aanenson: With a continued access through the, through some of that preservation area so one of our conditions then was to define how that access is being used because again that Outlot B needs to be dedicated. Councilman Laufenburger: When you say dedicated, it needs to be specifically dedicated as shoreland. Kate Aanenson: Preservation. Councilman Laufenburger: Does it become city. Preservation, right. Not conservation but preservation. 11 Chanhassen City Council – July 22, 2013 Kate Aanenson: Preservation, right. For the PUD. Councilman Laufenburger: So where you have, where you have the little finger right now, that land is not being worked by the property owner, correct? Kate Aanenson: Correct. Councilman Laufenburger: And so the determination has been made that that area specifically straight south of the word creek, as I’m looking at it. Right, straight south. That would be part of Outlot B but not Outlot C? Kate Aanenson: Correct. I’m not sure this, I’ve got this exactly where they’re showing all of Outlot C. If that’s exact definition there. Councilman Laufenburger: Okay. It just seemed to me that there was a large portion of land south of the creek that you were including as Outlot B versus Outlot C. Kate Aanenson: No. Councilman Laufenburger: Okay. Right there. Kate Aanenson: Yeah, I’ve got the acreage in the staff report here. Mayor Furlong: What page is that on for the? Kate Aanenson: Oh I’ve got to go back to that drawing, thank you. Councilman Laufenburger: This portion right here seems like, why is this portion part of that creek area? There. Yeah, I’m thinking of specifically you’re taking a large, Kate you know the topography. You folks have done this. Kate Aanenson: Yes. Councilman Laufenburger: So if, it just looks like that little trapezoid or whatever, parallelogram that’s part of Outlot B could just as well be part of Outlot C. Kate Aanenson: It could be. It could be. Well again if you look at what we contemplated in the, when we did the original environmental documents for this, we didn’t contemplate any development below the creek. Councilman Laufenburger: Okay. Kate Aanenson: And actually the other uses for this could be, it could be for an enhanced wetland, which the other project contemplated. Providing better water quantity and quality and enhancing that. The natural features in that area. I think the developer was reluctant to dedicate that entire amount but we felt it could be I think in, and so we said that we would at this time hold any opinion on that until they would go through the demonstrate that it could be buildable. That you could get access to it. If you look at the area to the, let me go to the map here again. If you look at this overall area, there is significant grades coming in this way. And then from the south. Significant grades. There is a development, or anticipated development potentially a cul-de-sac coming in here. 12 Chanhassen City Council – July 22, 2013 Councilman Laufenburger: In there? Okay. Kate Aanenson: But whether that can make it all the way up here, we don’t know. Councilman Laufenburger: Okay. Kate Aanenson: Again whether or not that still can meet sewer and water availability, we still don’t know. So that would have to be an amendment, a decision to be made later. Meanwhile we have a developer that would like to proceed so we’re saying well, we’re not, we never anticipated that. We don’t believe it can be but if the developer wants to demonstrate it can be we’ll listen to that but we don’t know. st Councilman Laufenburger: Okay. So just for my simple mind, Jeurissen 1 Addition is the development of Outlot A? Kate Aanenson: Correct. Councilman Laufenburger: Thank you. Kate Aanenson: Well no, it’s actually three lots. So Jeurissen creates outlot, Jeurissen Addition creates 3 lots. Councilman Laufenburger: Only one of which is scheduled for development at this time. Kate Aanenson: Correct but Outlot B must be dedicated too. Councilman Laufenburger: Okay, so it’s not going to be developed. It must be dedicated at this time. Kate Aanenson: Correct. That’s how they’re all intertwined, correct. Mayor Furlong: And I guess going back to that with regard to Outlot B, I think that slide right there says there’s a requirement as part of the PUD. Is that part of the PUD ordinance that requires the? Kate Aanenson: Yes. Shoreland and the PUD ordinance requires that preservation. In order to get the PUD you have to give us, you know the first item is you’re preserving something. You’re doing something different otherwise this would be a standard subdivision. What you’re preserving is the other side of the creek, which probably isn’t buildable anyways but you’re preserving something. Mayor Furlong: And so with Outlot B, that’s not 50% of A so. Kate Aanenson: No. Mayor Furlong: So when you talk about open space, what is it, where do you get 50% open space from there? Is that from area calculations? Kate Aanenson: Yeah. It actually includes all the other outlots up here too, which would include this outlot here. Mayor Furlong: Okay. Kate Aanenson: And the stormwater ponds, it includes all these little outlot pieces. 13 Chanhassen City Council – July 22, 2013 Mayor Furlong: Okay. Alright, and so the size of B gets the entire development up to that 50%. Kate Aanenson: Just makes us to the 50%. Councilman Laufenburger: Yeah, okay. That explains it. Thanks Kate. Kate Aanenson: I’m sorry, I didn’t understand your question. Mayor Furlong: Other questions for staff at this time? Councilwoman Tjornhom. Councilwoman Tjornhom: In the staff report I know there was some discrepancy about borders and exactly figuring out where the Bluff Creek Overlay started and ended and I think the last council meeting or two council meetings we had that same discrepancy so can you kind of go through who and how these lines get determined? Kate Aanenson: Sure. On the last one, the staff did not make the applicant do a delineation of that which is, because we thought by taking the other we had accomplished that. In this circumstance we actually had them provide that, delineate that. Typically we walk those so it’s kind of prima fascia evidence. You go out there and you look and see you know where the water, actually the wetland boundary is. Are there significant slopes. Anything over 30% you can’t build on so you try to finalized or fine tune that line. What we say on our official document is that we believe this is the starting place for the overlay district but certainly there’s other evidence that can say that you know it’s been modified or altered or it’s, we can move that so. Councilwoman Tjornhom: Can you tell me, does it matter what time of year you’re looking? Kate Aanenson: Well I’ll let the City Engineer but you know as far as the slopes and the trees it’s not going to matter. You know the hydrology issue but I think the engineers know how to calculate for that. Paul Oehme: Typically when we’re delineating wetlands it’s during the summer months and there’s a set point in the fall where you typically cannot get a good calculation or good determination of wetland location so there is a time of the year where it’s most appropriate for determining those wetlands and then the setbacks and the delineations. Councilwoman Tjornhom: And so does staff only determine those boundaries when a development is in front of you or do you just kind of already have a map of that whole district? Paul Oehme: Well we’ve got a general idea of where the wetlands are through our Carver County but to delineate specifically wetlands, we always work with the developer to determine those delineations specifically. Kate Aanenson: Otherwise there’s other areas that are not wetlands, so I be clear on that, are also in the Overlay District. Sometimes it can be a steep slope. Heavily wooded area so that’s something that we would work then to negotiate with the property owner to say well, you’re getting more hard cover but in fact if you preserve these trees you can use that as your green space. So that would go towards your, if you’re doing a PUD or something, towards your required hard cover so that’s a project by project. If you go back when we originally put this in place, we looked at trying to you know try to purchase all that. We decided we’d do it incrementally as we look at each project to say what makes sense under each project. Is it something we would alter? Something that we maybe not feel as strongly about when it comes in but we look at those on a case by case basis so that’s why we didn’t do them all at once. 14 Chanhassen City Council – July 22, 2013 Mayor Furlong: Okay. Councilwoman Ernst. Councilwoman Ernst: Yeah Kate, can you tell me how the percentage rate was derived at? I mean how. Kate Aanenson: Percentage rate? For the assessments? Councilwoman Ernst: Yes. Kate Aanenson: I’ll let the City Engineer. Councilwoman Ernst: The 6%. Mayor Furlong: The interest rate? Councilwoman Ernst: Yeah. Paul Oehme: The interest rate? Councilwoman Ernst: Sorry. Sorry, I meant the interest rate, right. Paul Oehme: That was determined boy back in 2005-2006 when that project went through. Staff and the finance department and our bonding agencies looked at what was the appropriate assessment amount and the payback times and the 6% was the number that was determined. I can’t remember the specifics of both but with the interest rates, back in the prime rate was back in that time but that’s the number that was originally, or was set on for the interest rate for the assessments. Councilwoman Ernst: So for the piece of the property that has no access to it, we’re charging 6% interest for that property, is that correct? Paul Oehme: It was an area calculation for the assessments. There was actually 3 assessments for this parcel. For this area to development back in 2005-2006-2007 so we had to look at it on a systematic methodology where we looked at how much potential developable square acreage is under these, or is in each of the parcels that were being looked at for development. We looked at how much preliminary amount of wetland that we could determine were on each of these parcels. We took that out of the assessment calculations and then we looked at right-of-way as well for primarily the Bluff Creek Boulevard right-of-way so if there’s a parcel that was looked at for development that was being assessed, we took out the right-of-way for that piece so that’s generally how the assessments were looked at. You know this parcel originally was looked at for more higher density and there was you know talk about density transfers to make those assessments work so in the area calculation so that was the methodology that we used. Again we try to standardize our methodology and our assessment practice for each of these parcels and that’s how assessments were originally calculated. Councilwoman Ernst: But is that common practice we would charge an interest rate such as this on property that really has no access? Paul Oehme: Well I mean. Councilwoman Ernst: For a parcel like this. 15 Chanhassen City Council – July 22, 2013 Paul Oehme: You know we’ve charged 6%, 7% in the past for assessments for developments too so the interest rate back in 2005 I think was appropriate. Mayor Furlong: Mr. Oehme, just for clarification. The 6% interest is an annual interest rate on the assessment that’s, the unpaid assessment, correct? Paul Oehme: Correct. Mayor Furlong: So it’s basically an interest charge on the assessed amount that’s unpaid. Paul Oehme: Correct. Correct. Mayor Furlong: Okay. Councilwoman Ernst: And that’s the 600 and some thousand dollars. Mayor Furlong: That’s would be the assessed amount perhaps with accrued interest. Paul Oehme: Exactly. That’s what. Mayor Furlong: So that’s the interest, Mr. McDonald. Councilman McDonald: Yeah I think the question is, and it’s no so much the interest rate but why was that property even assessed if it’s not buildable? Paul Oehme: Well I think it goes back to, again to what the AUAR had talked about the MUSA and what our original guidance of that property was. Kate Aanenson: This is what the project was assessed. This is what the assessment went onto this project so there was entitlement on that project. It did receive preliminary plat approval so this is the project, 146 units. There was a viable project that was in place and that project didn’t come to fruition but that project was. Councilman McDonald: But at that point that’s not Outlot C. Kate Aanenson: They did the density transfer so they took what they could and put it up here. Could they have maximized even more? Yes but they didn’t at that time so. Again this project is coming under less than that. They’ve chosen to go with the 4, the minimum 4 units for the project that they want to do so that could affect it too depending on the number of units you have so. Councilman McDonald: So actually the project changed from 2006 to today but our practice is to assess when you bring the project in. Paul Oehme: Right. We had to recoup our costs for the infrastructure put in to service and develop these parcels. Mayor Furlong: What’s being described as Outlot C today, was there any expectation of development occurring on that back when the AUAR was completed? I thought I heard you say that there… Kate Aanenson: No, it was always intended that if there’s something that could be built on there because there was limited access, that it’d be transferred up to the north side. 16 Chanhassen City Council – July 22, 2013 Mayor Furlong: Okay, so there would be no expectation of development on Outlot C. Kate Aanenson: Correct. That was always the intention on the environmental. Mayor Furlong: And that’s what was included in the AUAR. Kate Aanenson: Correct. Mayor Furlong: When that was developed. Todd Gerhardt: Mayor, council if I could add on the interest rates back in 2006 prime was anywhere from 7 1/2 to 8 percent. So our practice is typically 2 percent above prime now so back then my guess it was 2% above what we may have issued bonds for. Mayor Furlong: Other questions for staff at this point? Councilwoman Tjornhom: Just one more. Mayor Furlong: No, that’s fine. Councilwoman Tjornhom: We’re you know going to be doing a PUD on this property and usually that means that we get a little something more than we normally would so tell me how we are benefitting, if that’s a fair question. Kate Aanenson: It’s a very good question. Which is why we thought preserving that southern piece, that would have for us. Councilwoman Tjornhom: Outlot C. Kate Aanenson: Outlot C. Councilwoman Tjornhom: And B. Kate Aanenson: And B, right. That was our original direction. The developer, working with the underlying property owner didn’t want to do that. I think we don’t know again if Outlot C can get access to it. Can get sewer and water to it so we’ve just taken the position that maybe at a future date it, it just continues to be farmed or becomes a wetland or something else, or the underlying property owner can demonstrate that he can get access to it and can get sewer and water to it, then maybe it could be developed. But you’re at the minimum for the requirements for the 50%. It’s at the minimum. Councilwoman Tjornhom: Okay. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Sorry. Kate one more question. So can you tell me if there is anything that we, the City could have done in this situation to have avoided being in this type of a situation? Kate Aanenson: Well. Councilwoman Ernst: I know it’s kind of a loaded question. 17 Chanhassen City Council – July 22, 2013 Kate Aanenson: Well the developer chose, the person that had the property chose not to go through forward and sometimes that happens. While you could have come in with a different project on this site too. Somebody could have come in with townhouses or higher density and then this you know, a lot of different scenarios could have happened. We don’t control that part of the market and that happened with the turn down so. Councilwoman Ernst: And I’m thinking of that little parcel. Kate Aanenson: Oh. Mayor Furlong: Which one? C or? Kate Aanenson: The access. Councilwoman Ernst: Yeah. Mayor Furlong: This? Councilwoman Ernst: Right. Mayor Furlong: Yeah I guess I had a question on that too. Is that that, is that what’s being referred to in, the primary access is from that road right there that you’re drawing now. Kate Aanenson: Correct. Mayor Furlong: But the staff report talks about this development, the road’s being longer than what’s allowed under current ordinance. And I guess my question is, when the first development came through, the Creekside, we had a second access there. A full street access up to the property to the north. Kate Aanenson: I don’t believe so. That was a lot of discussion. If you remember we had quite a few discussions with the property owner to the north regarding that. Mayor Furlong: Absolutely but I think, if you go back. Kate Aanenson: To that drawing? Mayor Furlong: To that drawing. There. There was a lot of discussion but I think in the end, this was approved with this access. Kate Aanenson: I just want to be clear that this is just illustrative. I’m not sure this is the plat. Mayor Furlong: Understand. Kate Aanenson: And if we can go back really quickly, just to make sure that we’re all on the same page on this. If we go back to this map here. The complexity here is, you’re mixing two different zoning districts. The property to the north, we’ve looked at it could be regional commercial or an office park. Either one. Different types of uses. That you don’t want cut through traffic. But the bigger issue is, this is owned by MnDOT, this triangle piece and then this is a wetland. It’s not a stormwater pond so we were trying to hug the bottom of this property as we go through that as a 30 foot right-of-way in our mind and then emergency access with you know 7 ton design, 20 foot of pavement width just to get through 18 Chanhassen City Council – July 22, 2013 there because we’d have to work with MnDOT when we’re adjacent to that wetland. In looking back through the notes, I did go back and look through what we had for discussion. I know Mr. Fox had discussions with Mr. Chigelo at that time talking about access to, how would this property be served coming from the south or to the north and little more problematic trying to go along some of that MnDOT right-of-way so I think hugging that, which is what we needed for emergency access was what the staff felt would be sufficient as did the fire marshal. And reduce the number of units too. So if you go back to the first one, excuse me, 146. Now we’re down to 50 something so. Mayor Furlong: Right but I think, so part of this is we really don’t know what’s going to happen up to the north. Councilwoman Ernst: Right. Mayor Furlong: And part of my concern is that they, you know the ordinance is in place to minimize, and this goes back to I think that ordinance came in after what was Yoberry at the time that was coming through the development. Kate Aanenson: Yeah. Mayor Furlong: And the issues we had there and then the council after that said, you know let’s put some limits on that. To me I think right now there’s no, there’s nothing up north. There’s no way to access this development from the north anyway until something develops to the north but I think we should at least preserve the full right-of-way on this and it looks like, if you go back to the site plan for this development. Kate Aanenson: Sure. Mayor Furlong: And again we can, just any of those is fine. There seems to be plenty of space with those outlots there with the lot to the east of that to be able to preserve the right-of-way for future access, depending on what it is so what I’m saying is reserve it now to a full public street right-of-way that’s typical and then evaluate what’s going to happen. Kate Aanenson: Sure. I would just add on that, I’d let the engineer address that but it’s terribly steep right through here. That’s why they made this lot so big so whether or not we can make that happen, because there’s a substantial retaining wall in that area too so I’ll let their engineer address that, if that’s alright when they come up to speak. Mayor Furlong: Oh, their engineer? Kate Aanenson: Yep. Just to, yeah just I think… Mayor Furlong: And that’s fine and I realize it’s not… Kate Aanenson: No, because we went back and forth on this issue and I mean I think Mr. Polta examined it pretty closely. I just want to make sure we all understand the complexity of that issue so. Mayor Furlong: And that’s fine. We’ll defer to that. I just think there’s good public value for connecting, keeping the option open in the future to connect neighborhoods. Kate Aanenson: Agreed. 19 Chanhassen City Council – July 22, 2013 Mayor Furlong: So Mr. Laufenburger. Councilman Laufenburger: Thank you Mr. Mayor. Kate can you go back to the Creekside, just for a second? The photo you had there. So do I understand correctly that the, I realize this was never developed but it was, was this the basis for the assessments? Kate Aanenson: Correct. Councilman Laufenburger: Okay. And the basis for these assessments included the transfer of density from what we are now calling Outlot B and C into current Outlot A, is that correct? Kate Aanenson: I’ll let Paul answer that question. Paul Oehme: The density from. Councilman Laufenburger: The density from B and C was transferred up into the top in order to, and then that was, the assessment was based essentially on the entire property. Kate Aanenson: Correct. Paul Oehme: It was minus, I would just clarify, minus the wetlands that were known at that time so basically all of B, most of Outlot B has wetlands associated with it so there’s a substantial amount of acreage there that was also deducted from the assessment acreage. So mainly C. Councilman Laufenburger: Okay. So if the assessments which we are asking to be paid when this goes to development or goes to. Kate Aanenson: Final plat. Councilman Laufenburger: Final plat, which is what we’re going to be voting on tonight, is that correct Kate? Kate Aanenson: You’re working on preliminary plat now. Councilman Laufenburger: Okay, but if at some point in the future it’s determined that Outlot C can support some development, do we assume correctly that those assessments have already been paid? Paul Oehme: Yes. Correct. That’s our recommendation is to have the assessments paid for Outlot A all at this time. Councilman Laufenburger: Okay. And that would include, so the benefit, I don’t want to say this incorrectly. The benefit would be that if Outlot C ever is developed they would be developed without any further assessments due to the City, is that correct? Paul Oehme: Correct. Mayor Furlong: For the assessments that were already, Bluff Creek Drive. Paul Oehme: Right. Mayor Furlong: The AUAR costs for those. 20 Chanhassen City Council – July 22, 2013 Councilman Laufenburger: If there was other activities or other things outside of what was covered, then those would be assessed. Paul Oehme: Right. The assessments are currently levied against this property owner, or the property would be all paid off. Councilman Laufenburger: And those levies, those were identified in the staff report as the MUSA, Trunk Highway 101/Lyman and the Bluff Creek Boulevard. Paul Oehme: Correct, those three. Kate Aanenson: Right because there may be additional trunk charges to hook up somewhere else. Paul Oehme: Correct. Councilman Laufenburger: Okay. Councilman McDonald: But maybe if I could, okay you say that he wouldn’t owe any but by my calculations he would. You took a density transfer out of Outlot C in order to allow this development to be made. Now we are releasing Outlot C. He still gets his development based upon lower density at this point so the area that it was calculated for is still the same. That hasn’t changed. We’ve just released Outlot C. If it’s ever developed in the future as part of anything else, it should be assessed because at that point you’re now allowing development to occur on that particular outlot. So I don’t see how, granted with this development it was paid for but now you’re releasing it so it doesn’t make any difference. It was to try to get this development developed. Paul Oehme: Correct. Councilman McDonald: And you needed the density transfer. Now you no longer need the density transfer but you’re still assessing the same area with lower density in the development so you don’t need Outlot C so we’re releasing it so that in the future if you want to develop it you can but if you do then it should be assessed because now you’re going to have to bring sewer and water into Outlot C. Am I correct in that or? Todd Gerhardt: Yeah and you know, right now staff has deemed Outlot C as undevelopable and the AUAR that we did in the area called it as undevelopable. We did the calculations for Bluff Creek Drive, or Boulevard based on an acreage basis and subtracted out wetlands and so how you spread those assessments can only go to the parcel that’s developable. You put them on Parcel C, you don’t know if it’s developable so you know down the line if it is, then depending on where sewer and water and access is going to be gained, that will be the cost beared by that development. Councilman McDonald: Right because at this point the only way you’re going to develop that, you’re going to have to come in from the south. You can’t come in from the north. You can’t come in from the, well actually it’s what, the southwest. You can’t come in underneath the bridge on 212 so you’re barred from that. You can’t come in directly to the west because there’s lots already there so you’ve only got one area of access and that’s through another piece of property that they wanted to develop that and include what is now Outlot C, you’ve still got to get sewer and water up there so there should be an assessment for that because the original calculation was not made to get water and sewer into Outlot C. 21 Chanhassen City Council – July 22, 2013 Todd Gerhardt: Correct. Mayor Furlong: And I think Mr. McDonald, if the City puts sewer and water in to someplace, we will assess for that. Obviously these assessments were not related to sewer and water type assessments. It was for the planning and the construction of Bluff Creek Boulevard and for the other components but what I heard Mr. Gerhardt say, correct me if I’m wrong, is that it was based upon developable area. Not necessarily the density within that area, right? Kate Aanenson: Correct. Mayor Furlong: Is that correct? So the fact that there was some density transfer from C, or what today is we’re calling C up to A would not have affected, it doesn’t effect the area because the area is still the same. Councilman McDonald: Right, the area is still the same. Mayor Furlong: So what I’m hearing is, what was assessed is effectively based upon the area within Outlot A today, which is what staff is recommending should be the part that gets paid. So there was no. Councilman McDonald: I think we’re talking about two different assessments then aren’t we? Mayor Furlong: Well the assessment, maybe backing up then. The assessment that was put on the property back a number of years ago, which has been accruing that 6% interest related to what? It was the AUAR cost, Ms. Aanenson. Kate Aanenson: Yes, it’s on page 7. So it’s the 2005 MUSA expansion. Trunk 101/Lyman Boulevard. Bluff Creek Boulevard improvements, which did include the trunk sewer and water and road because you need that road and that sewer and water to get, to be able to develop this piece. Mayor Furlong: To service Outlot A. Kate Aanenson: Correct. Yeah, correct. So those are the assessments. So then there’s a total so those would be the three. Mayor Furlong: And what I’m hearing here is all of those assessments relate to what’s currently being proposed to be developed. Is that? Kate Aanenson: That’s our opinion, correct. Mayor Furlong: Okay. And I’m sure we’ll hear from the developer as well. Councilman Laufenburger: So Mr. Mayor, just one more question. So on page 7 Kate, specifically it shows that the Bluff Creek Boulevard improvements, that assessment of $601,212.65, if those st assessments were made today on Jeurissen 1 Outlot A as compared to Liberty at Creekside, which was in 2006, would those assessments be identical today that they were back then? Kate Aanenson: Yes. Councilman Laufenburger: Okay there. That answers it for me. 22 Chanhassen City Council – July 22, 2013 Mayor Furlong: Okay. Any other questions? If not I do want to invite the applicant, or their representatives to come forward and they may have some comments on these and other aspects. Kate Aanenson: There’s kind of co-applicants here. You have the underlying property owner, Mr. Jeurissen and then you have Lennar representing their plat so, I don’t know how you. Mayor Furlong: Great. I’ll defer to the two parties to who wants to speak first because we’re interested in what you both have to say. John Chadwick: Thank you very much folks. I’m John Chadwick. I have a little handout here. I’ll start that first. My name is John Chadwick. I’m here on behalf of the landowner, Bruce Jeurissen. I reside at 4477 Manitou Road, Excelsior, Minnesota. It’s good to be here. I’ve been here before on behalf of other landowners and you know seeing the fire folks and the police folks up here reminds me what a great country we live in and we have the right of freedom of speech and that’s what I’m intending to exercise tonight. The right of dissent. The right of public assembly. All those good things and I also know that we only know what we know. We only know what people tell us. That’s the basis here and so with that in mind there are a couple issues that I’d like to take up on behalf of Mr. Jeurissen, who’s with us tonight. Thank you Lennar folks for letting me go first. I don’t know if that’s right or wrong but anyway thank you. The first one, if you read there in item 15 you have an item 15. I think it’s probably on page 28 of your handout. Page 28 and it talks about the language on the, how do you get in there to Outlot C and it says that it must be closed. I mean that’s the first line and then it says you have to keep using it and so I have offered up some revised language and Kate if you could go back to existing conditions. That one that had kind of the topographic to it and you can kind of see, there’s a roadway going in and then there’s the driveway that’s owned, Outlot D and it comes in like this and there’s a park that goes north to Outlot A. Yep, close that. Absolutely makes sense. Going back to the west Outlot, if you’re going to Outlot B and C’s, well it says to keep that open but I didn’t feel that that language was particularly clear as written. I did offer up this language earlier in the day. It didn’t I guess meet muster but I’m offering it up again. I learned at 4:51 today that it didn’t meet muster so anyway there it is. We’re just trying to be real clear. Yep, knock her out for Outlot A. I get that. Yes, we need to keep it open for Outlots B and C and there is a driveway easement. Excuse me, a driveway access permit that Mr. Jeurissen has with MnDOT and that is what allows him to get that equipment in and out and underneath Highway 212 and so together with his Outlot D that he owns. That driveway that comes in off of Pioneer, and this driveway permit that he has, that’s what allows him to get into B. There’s nothing else to close as regards to B and C. Mayor Furlong: Can we just take maybe these one at a time. John Chadwick: Please. Mayor Furlong: I guess Ms. Aanenson your comments or thoughts on the proposed changes. Councilwoman Tjornhom: Before is there a better map that we can see that, those driveways better? Kate Aanenson: I can blow that up. Councilwoman Tjornhom: Thank you. That helps me a lot. Kate Aanenson: So when you come under 212, the road splits going to the north. That road will be vacated because it’s being platted. Everything going to the north. This is the road we want, this is the road we want. This road is going over the southern area that’s being preserved. Outlot B and we just want to put limitations on that so it’s, since it’s a preservation area to meet the intent of the shoreland district and the PUD that it’s limited for farm practices and a certain width and that’s what we put in 23 Chanhassen City Council – July 22, 2013 there. I think based on the plat being approved, I can check with the City Attorney but with the plat being approved, the northern access is going away because you’re approving a plat over that so I don’t know if it’s redundant or if it’s necessary but. John Chadwick: Oh that’s correct, yes. Mayor Furlong: And I guess I’m concerned why you want to close the access to A just at this time. You have the words at this time which implies to me that at a future time you would open that up under your proposed changes. John Chadwick: Oh, well it just said it must be closed. Before it didn’t say when. Kate Aanenson: Well once you record the plat then I’m assuming that the property would then transfer to the Lennar and they would have control over that, and you’re on this portion of MnDOT’s right-of-way on that so I’m assuming that would go away. Todd Gerhardt: Mayor, council. Maybe if the existing driveway access to Trunk Highway 212 must be closed with the exception of the, for exception for the use for agricultural purposes only. Mayor Furlong: To Outlot C. Todd Gerhardt: Correct. Mayor Furlong: Since Outlot B’s going to be dedicated. Todd Gerhardt: Yeah, just put the word exception in there for agricultural purposes. Kate Aanenson: And we did specify with on that too. Mayor Furlong: I’m sorry. Todd Gerhardt: Except for agricultural purposes. Kate Aanenson: Can I get clarification what number you’re on, I’m sorry. Todd Gerhardt: 28 of 32, 15. John Chadwick: Item 15. Mayor Furlong: Page 28. Kate Aanenson: Okay, I’m having a hard time following, I’m sorry. Okay. Yeah, so we did specify too the width of that, and I’m not sure if that’s covered in this one or not. That’s what I was trying to. John Chadwick: Yes I think it is. Mayor Furlong: So I’m sorry, the suggested language Mr. Gerhardt is modifying the staff’s proposed condition and that is how? Todd Gerhardt: Put in the words, for the exception of agricultural purposes only. 24 Chanhassen City Council – July 22, 2013 Mayor Furlong: Where are you putting that in? Todd Gerhardt: Taking out this access may be used for. Mayor Furlong: Okay. Todd Gerhardt: Except for agricultural purposes. He needs to go across Outlot B and we’ve decided 26 feet would be appropriate. Mayor Furlong: Okay, is that, Mr. Chadwick is that acceptable? John Chadwick: 26? Agricultural? We’d be able to get in across… Mayor Furlong: You had 26 in your proposal. John Chadwick: Oh, for what purpose. Yeah the question I guess comes up, it’s agricultural. What’s permitted under your code now and why would you change that? Access today is now permitted for in the code. Kate Aanenson: Well I guess we were concerned if it would become a grading operation. You could go sorting of materials on there. Something like that so. John Chadwick: And that’s permitted. Mayor Furlong: What is that, Outlot C is currently zoned what? Kate Aanenson: Agricultural. Mayor Furlong: Agricultural so I’m assuming with this plat, anything allowed under agricultural would still be allowed and if there are changes there are changes. But that would be to any agricultural zoning in the city. John Chadwick: So would it be fair to say that the zoning is agricultural and whatever purposes are allowed under agricultural would be allowed, or I mean that’s what I would think. You enforce the same code on everybody across the whole community as opposed to just singling one guy out and say you can only do. Kate Aanenson: Well let me just clarify that for a second because it is being farmed my concern would be if we operated a mining operation or something, we’ve got all that traffic going underneath something that maybe wasn’t designed. How it’s being accessed now is for agricultural purposes. I’m not sure that easement’s designed, if it became some other use under the agricultural zoning so I just would like to check on what the zoning district does permit on that just to be clear on that so. Mayor Furlong: So that is something that we can look at. The expectation would be for similar purposes as is currently being used, correct? John Chadwick: I think as permitted under the law. Mayor Furlong: Well and I think that’s what, Ms. Aanenson if I’m hearing you correctly. Kate Aanenson: Right. 25 Chanhassen City Council – July 22, 2013 Mayor Furlong: We need to look into that. Kate Aanenson: Yeah. There might be some other uses that might be conditional uses that would require certain improvements or the like so, whether or not those could be. Mayor Furlong: Alright. John Chadwick: I guess part of the reason I’m pretty insistent on that is we’ve got a long standing visit going on with MnDOT and getting somewhere but not very far very fast and so I think it’s critical that we keep going with you know what’s available under the current law and not give up any rights here if we don’t have to get that opportunity to do that. Mayor Furlong: Okay, so that can be investigated between now and final plat, is that correct Ms. Aanenson? Kate Aanenson: Yes. Mayor Furlong: Okay. Alright. John Chadwick: Thank you. Great idea take them one at a time. Now, and you folks were just working on kind of a thorny issue on assessments and I appreciate that and this has been a long, a long and interesting path that this land has taken and item 20, discussion same page and there’s assessments that you’d say okay, there’s about 22 acres of usable north of the creek and there’s about 8 acres south of the creek, and that 8 acres came up from a court case that Mr. Jeurissen pressed through the courts here in Minnesota and but yet the notion is, you know what we’re just going to kind of collect them all right now. We also, and not giving any credence to the fact that there are 5 acres that he’s continuing to retain. And that, and you’re kind of saying well you know what, we don’t think, or some people don’t think that that’s usable. Please demonstrate that to us later that it is usable but in the meantime we want the money anyway and when I look at that, you know pay for all of it but determine it later you know up or down, that feels like a little bit of guilty until proven innocent. I think in our country we do it the other way. We’re innocent until proven guilty so I would ask that you apportion that. Think about apportioning that. If you can’t, if we don’t know for sure it’s bad we’ll call it, we’ll use that word, why are you making it bad and taking it out of the equation day one? That’s the first thing you know. And the second thing is, it gets a little bit snarly because we’re saying that’s not accessible to Bluff Creek but yet this is a Bluff Creek $601,000 assessment. You know why did he get charged in the first place? You know is it usable or is it not usable? If it’s usable, then great. Let it sit on the south side and pay it later. If it’s not usable, why did it get charged in the first place? So there’s been some long, drawn out dilemmas on this. And then the next part, the interest on the assessments. This piece of ground, 22 acres, 25 acres, however many you want to say is bearing $847,000 worth of assessments. That’s something like $40,000 of assessments on the usable acres and then the interest was deferred on that. But however that land was trapped because that land could never grow a crop in Chanhassen, Minnesota that’s legal that could pay off $40,000 an acre so that had to sit there and wait to be paid. It had to wait to be paid until it could be th developed because you couldn’t sell it for ag land for that price and we knew that as of June 16, 2013 there wasn’t access to this property. This property has only been emancipated this evening on an action th earlier on the Jeurissen, excuse me on the Degler 5 Addition that allowed access so it was bound up. It was locked up. It could not have any way to access it. It had no way to pay the freight on that and the City’s out collecting 6% interest knowing full well the guy can’t pay it. Got him locked up. He can’t get there. Only tonight is it now available to him so it say gee, we’d like the $601,000 plus another $195,000 of interest by the way and you know we couldn’t use it for public infrastructure. That’s what we’re th paying for but it was a private matter that had to be solved and that’s what the June 16 thing said. So 26 Chanhassen City Council – July 22, 2013 that just, and that, my statement on why does a private developer, private person have to do that. That is on page 17 of 32. June 18 Planning Commission. 1, 2, 3, 4, 5, 6, 7, about eighth paragraph down. So, and I’ve talked it over with Bruce. He says yeah, you know of course give me assessments once I’m able to use it but how can you charge me assessments when I can’t use it. I can’t get there. I really was locked in. I had no way to pay it so I’d really ask your thoughtful consideration on that matter. And then at the bottom of the page I put in a revision. There was as written. Unless Bluff Creek Boulevard improvements are, an assessment and then you can see mine with red. If you’d consider that as being a way to be reasonably fair to somebody who’s been waiting for a long time and didn’t have access until this evening. I’m grateful that he has access this evening. I appreciate that. Thank you. And happy to answer any questions. Mayor Furlong: I guess just one question I had just looking at what you handed out tonight. That was a little bit different than what we had received over the weekend, is that correct? On this issue because, well it looks like it just looking at what we received versus this one. It’s a little bit of a different argument than… John Chadwick: Yeah you know it really is because over the weekend I said, gee it’s tough to, I had sent out something or I gave it to Bruce and I don’t know who all got it but it said ought to make the interest rate fair instead of the bank, the City scalping him because the costs are considerably less for interest than the 6%. He’s got no way to get there to pay it and you start thinking about no way to pay it whatsoever with the crop that’s there. He’s bound in. I mean he’s locked in so yes, that is a different way to look at it. Mayor Furlong: Alright. Thank you. Any questions for Mr. Chadwick? Councilman McDonald. Councilman McDonald: Yeah we get down to the whole thing about assessments and that’s kind of what my questions and everything was about but who approached the city to incur these costs? How did that come about? What do you know what about? John Chadwick: It’s my understanding that the City put together the entire project and then they handed out assessments based on acreage and then each landowner was asked to accept those assessments. Councilman McDonald: But someone has to initiate that we’re going to do development of land. Who was that? Who triggered the assessments? I mean the City doesn’t just go out and assess land unless someone asks them I want to do a development and we have to provide certain infrastructure and those things and so then we go out and do the studies as you heard and that’s where the assessments come from. Who started all of this? John Chadwick: I think it actually started on the old Bernardi parcel, which Town And Country’s first deal. Liberty, it’d be on the west side of this whole study area. And they needed sewer and water to come in, or more importantly I guess the lift station access on Mr. Degler’s property and then it’s kind of triggered well we have to do this. Then we have to do that. Then we have to put in the entire Bluff Creek Drive in order to make it happen. Councilman McDonald: At the time was Town and Country looking out for your, Mr. Jeurissen’s interest or were they independent and just grabbing up land and saying that well I think we want to do here City. Why don’t you look at this. Who was the underlying. What was the back story in all of this because it wasn’t the City going out and deciding to do an assessment and assessing your client. Someone came to us and said, we want to do this development. What do you as a city, what do you expect from us? Who were the initial players in all of this? 27 Chanhassen City Council – July 22, 2013 John Chadwick: Town and Country had two parcels. They had one on the west. The Bernardi parcel and they had this piece of Mr. Jeurissen’s. Councilman McDonald: Okay, so they were acting in Mr. Jeurissen’s best interest at that point. John Chadwick: They were acting in their own best interest. Councilman McDonald: Did they have a contract with Mr. Jeurissen on this land? Did they have some claim to the land? John Chadwick: Yes and regardless of whether it was Town and Country owning it or Mr. Jeurissen owning it, there could be no development until this land was emancipated. Councilman McDonald: But that doesn’t necessarily stop anyone from wanting to do development. If Town and Country, which also owned the parcels to the west were now looking and at one time they were going to develop most of this southern part of this section down here, they would ask the City to do all that because that was their plans. At that point they had perfect access because they had all the land contracts. John Chadwick: Sir I would disagree. Councilman McDonald: Okay well that’s what I’m trying to find out. John Chadwick: The River Rock Drive was not there so they did not have perfect access. They could not get to, back to Bluff Creek Drive any better than I could before your action this evening. Without trespassing. Councilman McDonald: Then why did they come to us? Why did they ask us to perform work that cost the City money and, I don’t understand that part of it. John Chadwick: Well, we’re into it. Here we go. You approved a project for Mr. Degler in 2006. Part of those conditions were to provide access, River Rock Drive. That access, that easement rather was not collected at that time so, I mean Town and Country was right there wanting to get going and the market changed on them. I get that but there was a plat approved, and I don’t think that plat was approved that said guess what Town and Country you are on your own to find your access. It was, it didn’t, I don’t think it said that. I’m happy to be corrected if it said that but I think it might have been silent on that but the easement was never collected so nothing could happen. Councilman McDonald: But all this was done in anticipation of Town and Country doing a development on this property, is that right? John Chadwick: Absolutely. Councilman McDonald: Okay, so the City did what was asked of them. I guess I’m having a hard time understanding why you think the City should eat the cost of doing this when we were asked to perform and we did perform. John Chadwick: Okay, if we had kept that preliminary plat going. Let’s say the one that was Town and Country. Kept it going, kept it going through 2012 and you said okay, I want to build it. And then we’d all be looking at ourselves and say you know what, you don’t have access. Can’t build it. So sorry. 28 Chanhassen City Council – July 22, 2013 Todd Gerhardt: Mr. Mayor, council. That’s an untrue statement. At any time that the Preserve development would have come in we would have taken that right-of-way with whatever addition but we didn’t take it for the first addition because Town and Country didn’t ask for it. It wasn’t until six months ago when Lennar came in and asked for access so we waited until the Fifth Addition, which is before you tonight is when we’re taking the right-of-way and if we took the right-of-way right away in the beginning, we would have never required Mr. Degler to build the road. We would have just taken the right-of-way. John Chadwick: Oh, totally agree but we wouldn’t be waiting and waiting and waiting for a closing. The cost of who’s building that road is maybe not fully in the public view here but the fact is it could have got going had we had that easement. True or false? Easement was there in 2009. Could we have gone in 2009? Todd Gerhardt: Yeah, if you would have been there and asked for it but nobody was asking for it. John Chadwick: But why would you ask for it when you’re approving a plat already in 2006 that says go ahead and go, wouldn’t that be kind of an automatic that you? Todd Gerhardt: It wasn’t until 6 months ago when Lennar came in and said we need access. John Chadwick: But the guys in 2006 also needed access. Todd Gerhardt: Yeah, and we have it in the development contract that we would provide access. Didn’t say when but it said we would provide it. John Chadwick: Granted. Todd Gerhardt: Right? John Chadwick: So as soon as you provide it Bruce will pay. Got it. That’s all I’m saying. Mayor Furlong: Okay. Thank you. Anything else? John Chadwick: No I’m good, thanks. Mayor Furlong: Thank you Mr. Chadwick. Representatives from Lennar are here. Good evening. Steve Ach: Good evening Mr. Mayor, council members. My name is Steve Ach with Lennar. I think Kate stated out the evening saying it is a pretty complicated issue. A lot of moving parts here and I think our part is a little more static than everything else so, we’ve worked through quite a few of the issues with staff and I think coming here this evening I knew the biggest issue would be with the Jeurissen plat and the assessments and some of the history there so, we’re pretty comfortable with our application. Mayor Furlong: Okay. Steve Ach: I guess just one clarification I had Kate though with the plat for Jeurissen. The action tonight, is that for a final plat or does it have to come back again? I thought the Outlot plat was a final plat tonight. Mayor Furlong: This says preliminary and final but is that for all? 29 Chanhassen City Council – July 22, 2013 Kate Aanenson: It might be for the Jeurissen. Yeah, just for the Jeurissen First Addition for the, there’s two plats. Jeurissen First Addition and then the second one is for Camden Ridge is the second plat and that’s only preliminary. Steve Ach: Yep. Kate Aanenson: Correct. Mayor Furlong: Can you clarify on a picture which is which? Kate Aanenson: Yep, so this is Outlot A. So that’s only getting preliminary. They’re just going to get what their desire tonight is to get a grading permit. Mayor Furlong: And that’s, Outlot A is Camden Ridge are the same? Kate Aanenson: Correct. Then Outlot B is a requirement for, that has to be recorded with a preservation easement with the preliminary, with the final plat. But if they’re doing preliminary and final, I have a question for the City Attorney then on the. Steve Ach: For the Jeurissen First Addition? Kate Aanenson: Yeah. Do you too? Steve Ach: Well I don’t. I thought it was final plat this evening. Kate Aanenson: Okay. Steve Ach: And the only reason I bring it up is I heard conversation earlier about uses in agricultural district but it’s going to come back at final. Kate Aanenson: Well, well I have a concern about that too because I just looked up the uses there because they’re crossing over what will then be the city property. The preservation easement. I just want to be clear on that, what’s permitted in that zoning district. I just need the City Attorney’s opinion on this so, because they’re crossing over Outlot B on that preservation area. The reason why we put in there agricultural purposes, if you look at what’s permitted in the A2 district, and if we have buyers on the north end, if Mr. Jeurissen chose to sell it to somebody. If he chose not to farm it a number of years or to try to develop it, here’s what’s permitted in the A2 district. Private stables. Arboretum. Daycare. Group home. Single family dwellings. Of course they can be on septic and well so that would be coming off a private road going through our’s so our intention was not to have cross through but again in good faith saying Mr. Jeurissen can continue to farm, we said we will let you continue to farm so if we’re going to open it up to anything permitted in that A2 district across the property, again going to say I don’t, I’m not sure if that’s what we want and I would ask the council for some consideration on that. Mayor Furlong: Okay. Kate Aanenson: And that’s where we tried to narrow that definition. Mayor Furlong: Okay. So we just jumped back to the access but if I can, I want to clarify, for the council and for anybody else that maybe is confused, there’s a Jeurissen First Addition and there’s a Camden Ridge and most of the night we’ve been talking about Outlots A, B and C. So can you tell me what is 30 Chanhassen City Council – July 22, 2013 included with Jeurissen First? Okay, I just heard a, I want to make sure we have some clarification because when we, if it’s preliminary and final, that’s different than just preliminary. Roger Knutson: Yes. Mayor Furlong: Okay, so Mr. Knutson. Roger Knutson: Jeurissen First Addition is Outlots A, B, C and D. Kate Aanenson: Right, so it does include the farm access road as a requirement with this addition. Mayor Furlong: Okay. And Camden Ridge. Roger Knutson: That is just a preliminary. Not just. Only. Mayor Furlong: Okay but that covers Outlot A only. Roger Knutson: They’re going to replat it into Outlot A. Steve Ach: We’ll replat Outlot A into those lots. Roger Knutson: Yes, yes. Mayor Furlong: So the first step with the Jeurissen First Addition is to take the entire property and create Outlots A, B, C and D? Roger Knutson: Yes. Kate Aanenson: Correct. Mayor Furlong: And then Camden Ridge is a site plan Outlot A. Roger Knutson: It’s preliminary plat for Outlot A. Mayor Furlong: The preliminary plat for. Roger Knutson: To replat Outlot A into lots and blocks. Kate Aanenson: Right, preliminary and a development contract to allow them to grade. Mayor Furlong: Prior to final. Kate Aanenson: Correct. Mayor Furlong: Okay. Kate Aanenson: So again because we are final platting that, that’s why the issue of the driveway came up and they certainly want to understand what that means to them as the developer, what could happen on that property to their buyers to the north. Mayor Furlong: Okay, that helps me so hopefully it helps other people. Does that help you? 31 Chanhassen City Council – July 22, 2013 Steve Ach: Yes it does and I just wanted to make sure that if it is final tonight because the primary purpose for the outlot plat, as Kate started out this evening, it’s one large parcel and we’re really creating the outlots for conveyance purposes. Lennar is buying Outlot A. Mr. Jeurissen is retaining B, C and D. Mayor Furlong: Okay. Steve Ach: So we’re going to come back and replat Outlot A but it kind of affects our closing too so that’s why I want to make sure it was final this evening. Mayor Furlong: So you wanted to confirm that the Jeurissen, the creation of the four outlots was the final. Steve Ach: Right. Mayor Furlong: And that is correct before us tonight. Kate Aanenson: Right. Mayor Furlong: And then your’s is preliminary. The replatting of A is preliminary. Steve Ach: Absolutely. And again we’re fine with the conditions that are set forth in our report. We worked forward and backwards on this for quite a while. Mayor Furlong: Okay. Alright, thank you. Alright. Before you sit down sir, any questions? Or maybe you can sit if there aren’t any questions. Okay. Are you comfortable with what’s been discussed here tonight then as far as the. Steve Ach: Yes. Mayor Furlong: The discussion. Okay. And just to clarify, we did, we did talk about preserving the entire width right-of-way on that north connection and I just, I think that’s something that we’d like to do so if you have some questions about that. Steve Ach: Yeah, I was just talking with Nick, the engineer. We can probably do it but as Kate pointed out, this doesn’t really do any justice to what’s out there. There’s a lot of steep slopes. Mayor Furlong: Understand. Steve Ach: I think providing the right-of-way, we can certainly do that. Mayor Furlong: And I think the key is, to put it in an area where, with the slopes you have the best chance of putting in an access road. Steve Ach: I think Kate had a map up there earlier that showed the wetland off to the edge so there’s some other things we have to navigate through but it sounds like we can do that. We’ll take a closer look at it between now and the final plat. Mayor Furlong: Our challenge as a council has been connecting neighborhoods over time and this gives us the flexibility to look for options in the future. To have those options. 32 Chanhassen City Council – July 22, 2013 Steve Ach: Certainly. Mayor Furlong: Of connections so thank you for that. And that can be, the location of that and everything can be clarified prior to final plat. Working with staff. Steve Ach: I think to me that is a condition that we could look at that and just see the actual width and the exact location. Mayor Furlong: Figure out the best spot, okay. Alright. Thank you. Okay let’s, there was a public hearing at the Planning Commission for this. I don’t know if there are any public comments. Aside from that, Mr. Fox. Jeff Fox: Good evening Mr. Mayor and council members. Mayor Furlong: Good evening. Jeff Fox: Question regarding the wall. The 9 foot wall. Is there a fence planned for the top of that wall? Kate Aanenson: Is there? 9 feet, it has to be doesn’t it? Jeff Fox: Yeah, I think Paul said anything over 4 had. And how far is the wall off the lot line? Kate Aanenson: Could I ask Mr. Polta, the engineer for the project to come forward and maybe he could address the more specifics on that and I can go to that slide. Mayor Furlong: Good evening. Nick Polta: Mayor, council members. My name’s Nick Polta. I’m with Pioneer Engineering. The wall at it’s closest point I believe is 20 feet from your property line. There should be enough room for a geogrid and the construction of the wall. Jeff Fox: The other concern I have is with the, I think it was the previous Town and Country project had the access point going into the right-of-way area. Now it looks like it’s going into what’s called the tree preservation area so I presume the tree preservation area is going to be altered and there’s some steep slope in that area where we’re going through this tree preservation area. And who’s absorbing the cost of that because originally it was going to be coming to our develop, buildable area. At this present time the tree preservation area as far as I know is not part of the buildable area so who’s paying the cost to get it to that area that’s usable for us and is it going to be within the tree preservation area and altered for that reason? Mayor Furlong: Well I guess, Ms. Aanenson. Kate Aanenson: Sure. I guess going back to what we talked about before, depending on what those end uses are and how that looks, you know we’ve walked your property a couple of times looking at the tree line. We kind of agreed that some of the steeper part along the bottom, some of that area might come away. We’d have to look at that but we look at that when your project comes forward. Whatever shape that takes. Jeff Fox: Who’s paying for that cost? Because originally it was going, it was not going to be on our property. It was going to be in the right-of-way and there’s a cost for us to take care of it from the 33 Chanhassen City Council – July 22, 2013 property line to the buildable area. Now it becomes to the Jeurissen, or to the property to the south of us through the tree preservation area. Kate Aanenson: Our typical ordinance is that we provide access to the edge of the property and the other property owner would pick it up on the other side. Jeff Fox: So we’ll be responsible for the tree removal? The retaining walls along with the road to build through there. Kate Aanenson: Yeah again our goal is to put that road in such a place that we minimize that and that’s I think the challenge that we’re looking at tonight. We don’t have enough information but we can certainly look at that. Jeff Fox: I just wanted to go on record so. Kate Aanenson: Yeah. And we’ll look at that with you. Jeff Fox: Thank you. Mayor Furlong: Well and you know I think working together. If there’s a preferred. Jeff Fox: Well I didn’t know any bit of this was going on. I had no notice of this until I pulled it up online and looked at it myself. I didn’t get notified of any of this. Mayor Furlong: Okay. Okay, thank you Mr. Fox. Any other public comments tonight? Let’s bring it to council then for discussion. Number of items in front of us but I’ll start the discussion by saying it’s nice to see another plat in front of us. See development occurring so thoughts and comments. Councilman Laufenburger: Mr. Mayor, I just have a question for Kate. Mayor Furlong: Sure. Councilman Laufenburger: I think I got the answer from you earlier that no assessments were made against Outlot C back in 2006. Kate Aanenson: No, I think what the City Manager said is there was an area wide assessment across all the property, minus the wetlands. Councilman Laufenburger: Is that right? Kate Aanenson: Yes. Councilman Laufenburger: Okay. Todd Gerhardt: Outlot C still doesn’t exist until you take action tonight. Mayor Furlong: But that area was not considered as part of the area that was included in the assessment calculation? Paul Oehme: Well yeah, minus the wetland. The wetland was removed from the area wide. 34 Chanhassen City Council – July 22, 2013 Councilman Laufenburger: Okay, let’s not talk about Outlot C. The area south of Bluff Creek on the Jeurissen property, was any of that, with exception of the wetland, was any of that considered in the assessments? Were the assessments based on any property south of Bluff Creek? Paul Oehme: South of Bluff Creek, I mean if it wasn’t. Councilman Laufenburger: If it wasn’t wetland. Paul Oehme: If it wasn’t wetland. Councilman Laufenburger: That acreage was considered. Paul Oehme: That would be considered as assessable, correct. Councilman Laufenburger: Okay. Then I also heard a comment that if it’s determined that Outlot C, after Outlot C is made later tonight, if Outlot C is determined to be buildable, there could be assessments for sewer, water and road, is that correct? Paul Oehme: Under the scenario of building an Outlot C, that would be completely development driven. They would have to provide a place to hook up to city sewer and water. The City would not get involved typically with those type of projects and would not assess back to them. That would have to be development driven so we’re just trying to recoup the costs for our infrastructure that was put in back in 2005-2006 and we went with the best information we had at the time. Councilman Laufenburger: And the best information we had at that time was Liberty at Creekside, Town and Country. Paul Oehme: Correct, and that was forthcoming. Todd Gerhardt: And Mayor and council, we’ve been through enough assessment hearings to know that the time to contest an assessment is prior to the close of the public hearing. Town and Country was the property owner at that time and so that kind of dictated the final chapter of how assessments were going to be allocated against this property. Not to say that Mr. Jeurissen can’t ask you to reallocate those at this time, which he’s doing this evening. Mayor Furlong: Okay. Thank you. Other questions or comments. Councilman McDonald. Councilman McDonald: Well I guess I have a question and I’m not quite sure how to put it together. I mean you, this land is very troubled. There was an owner that was going to do something so we did what we were supposed to do and the assessments are part of that. Have we had any other properties that change and we’ve had to do things, you know recalculate assessments or redo things years later because market changed or something? Todd Gerhardt: Yeah, on the Preserve. The Ryland development. We reallocated the assessments on Sever Peterson’s piece back to those developable parcels in the area after they came in with their subdivision. They were reallocated. Councilman McDonald: Okay what, the original allocation fees and everything, what happened to those? Did we give money back? What was the, what did we do? 35 Chanhassen City Council – July 22, 2013 Todd Gerhardt: No, they were divided amongst the existing property there. The land to the west of Outlot C has a future access. There’s some assessments against that down the line so green acred right at this point. Mayor Furlong: Mr. Knutson. Roger Knutson: Mayor, members of the council. Anytime there’s an assessment imposed and subsequent to the assessment the property is subdivided, you have to apportion that assessment that was against the big parcel into smaller parcels or one of the parcels or some of the parcels and that’s not an uncommon occurrence. What you want to be careful of, and I’ve seen this happen in some places where cities haven’t been careful. If you apportion it wrong against a parcel that’s not likely or will not develop, then it’s going to go tax forfeit so you want to make sure you apportion it appropriately to take it, with that concern in mind. Councilman McDonald: Well see that’s part of my confusion in all of this because I know that what Mr. Jeurissen is asking for is what 20% either go into an escrow or something and what I’m trying to understand then is at some point if Outlot C can be developed by either land to the south or to the west or somebody such as that, things would be reallocated at that point? Roger Knutson: No. Councilman McDonald: No, okay. Then is that where the comment comes in that we wouldn’t assess the Outlot C because it’s already been assessed? I’m just confused about where all this money and what it kind of goes it. That’s the problem I’m having trying to sort through this. Todd Gerhardt: Today you have the opportunity to put all the assessments on Outlot A or 80% on Outlot A, 20% on Outlot C. Staff recommended not to put anything on Outlot C because we deem it as undevelopable but have allowed the developer, or the property owner Mr. Jeurissen to do research. Figure out how it might be developable but we weren’t willing to take the risk of putting any assessments on Outlot C, and that’s what we’re talking about. We’re measuring risk here. Councilman McDonald: Right. Todd Gerhardt: And putting the public at risk of losing those dollars down the line. Councilman McDonald: Okay, I can understand that part of it and I agree with that logic. That makes sense. What I’m having trouble with is this 20%, where does, I mean that’s almost like asking us to reduce the assessment on Outlot A by 20% when in effect you’re getting your money’s worth for the work we did for Outlot A so you should pay the full amount. Outlot C, again it gets tangled up because it was part of the Town and Country. I understand they needed it but they weren’t going to develop it either but because of the product it all got wrapped in together and they asked for all of this assessment so they had a legal right to do so. They commit people because they had a legal right. And you know you can contest it, you’re right at that time and now your past it. Now you’re coming back after the fact, almost 6 years. You just can’t do that. So my question about C is that at some point, at some point if it’s developable it’s going to be part of an assessment. Someone’s going to come in and say I want to put roads. I want to do all this and we’re going to assess it based upon what, no. We’re not going to assess it? Todd Gerhardt: No. Councilman McDonald: See, that’s where I’m having trouble. 36 Chanhassen City Council – July 22, 2013 Todd Gerhardt: Yeah. Roger Knutson: The developer will put in those improvements. Todd Gerhardt: Yeah. The City isn’t going to initiate a road project to serve Outlot C. Councilman McDonald: Right. Todd Gerhardt: Just like Lennar is here. Somebody’s going to potentially come through Sever Peterson’s property and put a cul-de-sac in and somehow utilize or access this outlot, if they can. Councilman McDonald: Okay, then explain to me what does the assessment buy? What do I get for paying those fees? Paul Oehme: The current assessment? Councilman McDonald: Any assessment. Paul Oehme: Well the $600,000 is for the road improvements for Bluff Creek Boulevard, the collector roadway. Mayor Furlong: Which is north of the property. Paul Oehme: North of the property. It buys you the water to service the property. Potable water. It buys you sewer to extend to this property to hook up to city sewer services and then stormwater management as well for the collector roadway so it’s the infrastructure necessary to service the parcel itself. Councilman McDonald: Okay, and that’s what I thought it was for and you keep confusing me with all this stuff. And that’s why we would charge them in the future on Outlot C because now you’re going to provide. Okay see, you’re going to provide this stuff. You’re telling me we already paid for it so he doesn’t have to pay for it again but he’s, that’s where I’m confused. You need to help me get through this on Outlot C. Mayor Furlong: On page 7 of the staff report. If I’m correct here Ms. Aanenson. Kate Aanenson: Correct. Mayor Furlong: These are the items that were included, that were included on the existing assessments, correct? Paul Oehme: Correct. Mayor Furlong: And they include the 2005 MUSA expansion project, the 101/Lyman Boulevard, all these components. Kate Aanenson: If I may Mayor. Mayor Furlong: Yep. Kate Aanenson: We met with all the property owners, Paul and I and Kimley-Horn over a year. 37 Chanhassen City Council – July 22, 2013 Paul Oehme: Over a year. Mayor Furlong: In what timeframe did you have those? Kate Aanenson: 2005 because there’s no way any one of these property owners could make their development happen unless we all worked together. We needed a collector road to go through that was identified in the AUAR, which is Bluff Creek Boulevard. That road needed to go through for them to get access between Audubon and Powers Boulevard so we spent a lot of time trying to figure out how to make that road happen. With that we brought in the trunk utilities. Had that not happened we would not be sitting here today because we wouldn’t have projects going on in that area so that was the trunk project. As the City Manager stated, lots of times developers can just tie onto their own project without a city project but we were the engine that provided the mechanism for this, all these properties in the 2005 to go forward and if I pull up the aerials, so this is the road that we looked at. Bluff Creek Drive coming in and we worked, we tried to, that road but tweaked so many times trying to make sure that we didn’t do it to any one property owner’s detriment. Not all of it ended up in that, and a lot of the, working through elevations of the sewer line. The water line. Making sure that all the properties could be served off that. This piece of property up at the top is topographically gets serviced off of this road. That’s the only way they can develop is coming off that road which the City built and assessed including the trunk sewer and water. If, in the future someone gets, if MnDOT vacates this right-of-way and if someone, and Mr. Jeurissen can make the sewer and water line work and comes in, he would have to pay to hook on, with all the assessments pay to hook on for using the City’s sewer and water. And maybe pay for the cost of the road. Depending on how that development works. Councilman McDonald: Okay. That makes some sense, thanks. Mayor Furlong: Okay, thank you. Other comments and thoughts regarding the items before us. I guess maybe try to lead through, with regard to the Jeurissen First Addition which is the creation of Outlots A, B, C and D. One of the issues there was the driveway access. Ms. Aanenson mentioned that as part of this, as part of this Outlot B would be dedicated to the City. Become City property, is that correct Ms. Aanenson? Kate Aanenson: That’s correct. Mayor Furlong: Okay. Kate Aanenson: Or have a preservation easement. If Mr. Jeurissen wants to hold that we’d put a preservation easement over it limiting it’s use. Mayor Furlong: Until such time, but. Kate Aanenson: In perpetuity because that will always be required for the shoreland district regs and for the PUD ordinance, and it’s at the minimum for the area. Mayor Furlong: Okay. And is that dedication or preservation occur at the time of the Jeurissen First Addition? Kate Aanenson: Correct. Mayor Furlong: Or, not at the Camden Ridge? 38 Chanhassen City Council – July 22, 2013 Kate Aanenson: Correct, because it’s under Mr. Jeurissen’s control so we’d have to get it at the time of final plat with Mr. Jeurissen. Mayor Furlong: Okay. So what you were raising with the item is that because the access to be across the city property. Kate Aanenson: Correct. Mayor Furlong: On Outlot B, that it was your recommendation to limit that use to agricultural purposes. Kate Aanenson: Agricultural, yeah for farming purposes and again you go look at what the city ordinance says it’s much broader and I just want to make sure it’s clear that there’s not unintended consequences there for when you have a subdivision to the north, if there’s other uses that you may or may not deem necessary going across a preservation area. Mayor Furlong: And I guess Mr. Knutson, is the, as the staff report currently recommends it says the words, and I’m reading on page 28 of 32, item 15. It says agricultural purposes. Does that meet with what staff is recommending? Roger Knutson: Yes. Mayor Furlong: It’s not necessarily to everything that might be included in A-2? Roger Knutson: That’s my understanding what staff’s recommending. Mayor Furlong: Okay. Roger Knutson: I have some suggested, just tweaking on the language. Mayor Furlong: For this item? Roger Knutson: Yes. Mayor Furlong: Okay. Roger Knutson: The existing driveway access to Trunk Highway 212 must be closed except for access for agricultural purposes only on Outlot C and then continue on with the rest of that paragraph. Mayor Furlong: Okay. Is the council comfortable with that item? Any objections to that suggested change? Then I guess the next item was with regard to the assessments that are being requested to be allocated, a portion of which to A and to C. We’ve had a lot of discussion. Staff is recommending that all of the assessments be included on A. Thoughts and comments on that? Is there support for that, for staff’s recommendation or support for the applicant’s? Councilman McDonald: Well now that I understand this a little bit better, I can see the logic of what the City is doing and I can understand why Mr. Jeurissen is asking us to do this now but again it’s the risk to the City because I don’t know if Outlot C can be developed and at that point I don’t know that we can ever recover any of those costs so I’m not sure that I would be in favor of taking that kind of risk for the City. I think that yeah, it’s fair what we’re asking to put it all on the Outlot A so I would support that. Mayor Furlong: Okay. 39 Chanhassen City Council – July 22, 2013 Councilman Laufenburger: I would too Mr. Mayor. The action that was taken, I believe Kate you described in ’06, is that when the assessments were issued? Is that right? It seems to me that that decision was made based on the best information available at that time and there isn’t anything that substantially changes that information according to our best data right now. Outlot C is not developable and if the, if Mr. Jeurissen can prove that it is developable then he gets the, I mean he can develop it if he chooses to so I would support that as well. I would support staff’s recommendation on that. Mayor Furlong: Okay. Councilwoman Tjornhom: And Mr. Mayor I think I would too but part of the thing that I find complexing to me is the fact that I asked Kate earlier about what we were getting for having a PUD and I believe her answer was we were going to have Outlot C and B remain the way they are. Kate Aanenson: I’m sorry. Councilwoman Tjornhom: Or maybe I didn’t hear you correctly. Mayor Furlong: Just B. Kate Aanenson: Just B, yep. Just B. Mayor Furlong: Which B preserves an extension of Bluff Creek corridor. Councilwoman Tjornhom: Right. Kate Aanenson: Exactly. Mayor Furlong: It was a similar type of corridor that was preserved with the property to the north when that. Councilwoman Tjornhom: So Outlot C had nothing to do with that rationale then for the PUD? Kate Aanenson: Well, the staff’s opinion that it should but you know we met the minimum for the shoreland district and for the PUD as far as requirement for the 50% so we met the minimum. Again in good faith we said we’ll decide that later. We’ll pay the assessments now. We’ll decide that later if it can be developed and there’s a way to get to it, that decision can be made at a later date. Councilwoman Tjornhom: Would they have received a PUD if in your opinion Outlot C was developable? Kate Aanenson: Well, there’s no access to it. Councilwoman Tjornhom: Right, but if there was would they still be getting a PUD? Kate Aanenson: Well they still would have to preserve 50% open space so they would, you know they’d have to dedicate more open space so it’d reduce the amount of potential buildable correct. Or buildable area, correct. 40 Chanhassen City Council – July 22, 2013 Mayor Furlong: Okay. So there’s support then for staff’s recommendation with regard to the allocation of the assessment in it’s entirety to Outlot A I’m hearing as well. And then with the other question with regard to the interest component, thoughts and comments there. Is there support? Kate Aanenson: Yeah, my same argument. Mr. Oehme made it clear that even at that time in ’06 policy would have made it possible for us to be charging in excess of 8% interest, is that correct? Is that right? So 6% seemed, again I’m supporting the decision that was made by the council in ’06 and I’ve got nothing to suggest that that was a bad decision so I would support that same interest rate. Mayor Furlong: Okay. Councilman McDonald: I guess the thing that gets me, I understand what Mr. Laufenburger is saying and you know I support it. The problem is, if you go back in 2006 the plans were to build it so this wouldn’t have been that big of a problem. I mean everybody wanted to do this so the fact that they didn’t, they had already made the commitment to do something. They backed out later. We did what we do as a city. We assess so. Mayor Furlong: Well and charge interest on assessments that are made until they are paid. Councilman McDonald: Right, and that’s normal. I mean 6% back then would have been within what the policy limits that we’ve kind of codified since then so we’re doing the, we’re treating him the same way we treated every other citizen in this community when it deals with assessments. Mayor Furlong: And there are still other outstanding assessments on other properties that were assessed at the same time as a part of this and all of those are paying 6% interest I assume, or being. Councilman Laufenburger: Being charged. Mayor Furlong: Those unpaid assessments are being charged at 6% so. Okay. Okay, I think I understand then where the council is on those items. With regard to the development itself, and now I’m moving to the Camden. Is there any other issue with regard to the Jeurissen First Addition that council had questions on or concern? Then let’s move to the Camden Ridge. Thoughts and comments. Concerns about that. Again it appears to me to be a nice development and good balance between types of properties. Meets the ordinance. I do think and I appreciate the representative from Lennar agreeing with trying to locate that right-of-way access to the north and that’s something that can be, we have to make sure that that’s in there. Maybe the comments or the minutes or however we need to do that but that will be incorporated and worked out with property owners prior to the final. Kate Aanenson: Then the only other thing I had on that Mayor if I may is, Mayor and council is the clarification on the fee. Get that new number for the stormwater fees. Mayor Furlong: And the stormwater fees and which condition number was that? That’s on the Camden, right? Kate Aanenson: Correct. Councilman Laufenburger: Page 16 and 17. Mayor Furlong: Of the same staff report? 41 Chanhassen City Council – July 22, 2013 Kate Aanenson: And it’s on, conditions of approval it’s on page 30 but on 16 and 17 is where I went through and showed you what the, so if you go to page 30. Mayor Furlong: Do you have the condition number Ms. Aanenson? Kate Aanenson: Yes. Number 10 on page 30. Under Water Resources. Mayor Furlong: The number should be how much? Kate Aanenson: It should be $104,930.25. Mayor Furlong: $104,930.25 and that’s on 16.05 acres. Kate Aanenson: Yeah, so that would be the trunk fees paid at the time of final plat. Mayor Furlong: Okay. Any other thoughts or comments on the development? Again, there’s a lot of issues that we have to deal with and that’s fair and fine but it’s nice to see development coming in and people wanting to continue to build homes in Chanhassen and it seems to be a nice development. Mr. Laufenburger. Councilman Laufenburger: Yeah I was just going to say that it seems to me that this topography is going to present some challenges to the builder and I expect that they’ll continue to cooperate with the City in trying to address some of those challenges and just speaking personally I, looks like this might be a property that if it were available right now I might be moving into it instead of moving north of Highway 5. Mayor Furlong: We can keep that off the record if you’d like. Councilman Laufenburger: No, I’ve been very strong. I think south of Highway 5 has great quality of life and I’m pleased that a family with a young boy is going to be moving into our property but I’m excited for Lennar. It looks like this will be a great addition to that area. And also for Mr. Jeurissen. I think this is going to be a good property development for his property as well. Mayor Furlong: Point of clarification Mr. Hoffman. The trail that will extend south from the existing trail. Will that be put in as part of the development as well or is that something the City will be subsequently? Todd Hoffman: It will be put in as part of the development and then. Mayor Furlong: A credit? Todd Hoffman: Yeah, the cost for the bituminous and the rock and the storm sewer structure will be paid back to Lennar. Mayor Furlong: Okay. Credited against their park dedication fees or paid back. Todd Hoffman: Correct. Mayor Furlong: Okay. And that’s consistent with what we’ve done with other developments? Todd Hoffman: Yes it is. 42 Chanhassen City Council – July 22, 2013 Mayor Furlong: Any other questions or comments? Let’s go ahead with a motion then. We can go, is a single motion okay Mr. Knutson? Roger Knutson: Yes. Kate Aanenson: Yeah, I was going to say. Mayor Furlong: Okay. I’m sorry. Kate Aanenson: I was just going to point out that the motion I have in here is just for the Camden Ridge so you may want to just read the one that’s in your, apologize for that, for the staff report. Mayor Furlong: So the one that’s in the staff report you’re saying is it complete? Kate Aanenson: For the first, for Jeurissen First Addition. Yes, that would be correct. Mayor Furlong: Okay. And then we also need. Kate Aanenson: I do have the one for the second. Mayor Furlong: Okay. So if I’m correct, we have the Jeurissen First Addition and we have to amend the language on condition 15 as recommended by Mr. Knutson, correct? And then on Camden Ridge. Kate Aanenson: Stormwater fees. Mayor Furlong: Stormwater fees which is condition 10. We have to correct that number. And then also the language for the right-of-way dedication. How does that incorporate into the motion for the preliminary? Kate Aanenson: That’s actually part of the development contract for the First Addition. Mayor Furlong: For the? Kate Aanenson: Oh, actually. Mayor Furlong: No, this would be part of the Camden Ridge I believe, wouldn’t it? Kate Aanenson: Actually I apologize. My recommendation on here is for all the motions that are in front of you tonight. Mayor Furlong: Okay, so we can go off the screen. Kate Aanenson: Yes you can. Mayor Furlong: But with regard to that right-of-way dedication. Kate Aanenson: We’ll use the City Attorney’s language that was stated earlier. Roger Knutson: That’s the closing… 43 Chanhassen City Council – July 22, 2013 Kate Aanenson: Yep. Mayor Furlong: No, that was, we’re talking about two different things I think. Kate Aanenson: Okay. Mayor Furlong: Condition 15 dealt with the existing access, driveway access underneath Highway 212. Access to allow. Roger Knutson: Mayor, if I understand what you’re talking about now an access in the Camden Addition. Mayor Furlong: In the Camden Addition, making sure that that northern access, that right-of-way is the full right-of-way for a public street. Roger Knutson: We’ll add that as a condition to preliminary plat approval for Camden. Mayor Furlong: Okay, and so what number would that be? Kate Aanenson: Number, on page 28, number 15. Mayor Furlong: This is page 28 of the Camden Ridge? Kate Aanenson: Correct. It says existing driveway access to 212 must be closed. Mayor Furlong: No, that’s not it. Councilman McDonald: No, Mayor’s talking about the other access. Mayor Furlong: Northern access. Kate Aanenson: Okay. It’s not in here. The only place it was placed in was in the Preserve because that’s the part of the plat that it would go with, if I’m correct. Mayor Furlong: How about engineering conditions, would be a good place Mr. Oehme? Kate Aanenson: That’s where I’m looking. Paul Oehme: Yes. Mayor Furlong: Engineering condition 22. Is that reasonable? Roger Knutson: Sure. Mayor Furlong: Any other components before we get into a motion here? Mr. Laufenburger, would you like to make a motion? Councilman Laufenburger: Sure. Mr. Mayor I move that the Chanhassen City Council approves the final plat for Jeurissen First Addition and a development contract with legal counsel recommendation on wording changes to item 15. And the stormwater fees, Kate the stormwater fees are also part of the Jeurissen One, right? 44 Chanhassen City Council – July 22, 2013 Kate Aanenson: No. Councilman Laufenburger: Okay, alright. So that’s the final plat for Jeurissen First Addition and a development contract using the City Attorney’s language for item number 15 on access from 212. And recommend that City Council approve the rezoning, subdivision and conditional use permit for the Camden Ridge development subject to the conditions of the staff report and adoption of the Findings of Fact and approve the development contract to permit the grading of the site prior to final plat approval with modified stormwater fees, as outlined under condition 10 in the amount of $104,930.25 and engineering condition number 22, preserving a northern right-of-way or preserving a right-of-way to the north, to the property straight north of Camden Ridge. Paul Oehme: 60 feet wide. Councilman Laufenburger: 60 feet wide. Kate Aanenson: No, 26 feet. Councilman McDonald: No, no. We’re talking two different accesses. Kate Aanenson: Oh, I’m sorry. Okay. I keep…I’m sorry. You’re right. You’re right. Mayor Furlong: I’m glad I’m not the only one. Yes, Mr. Knutson. Roger Knutson: If you’d rather say rezoning, subdivision and conditional use permit etc, say the rezoning, preliminary plat and conditional use permit to just make it clear what we’re approving. Councilman Laufenburger: Okay. So the language would read, move to approve the rezoning, preliminary plat. Kate Aanenson: Sorry. I’m sorry. I was going to edit it on the fly. Councilman Laufenburger: And conditional use permit for Camden Ridge development citing both the stormwater fees and the engineering condition number 22 for the northern right-of-way of 60 feet. Councilwoman Ernst: Second that. Mayor Furlong: You’re brave. Thank you. Any questions, especially clarification on the motions before us. I want to make sure it’s clear for everyone so. I think it is. Thank you for everybody for working through those. Again, a lot of minutia here but overall a good development and benefit for all and will be a nice addition. Nice new number of homes for families to move into the area so with that is there any other discussion? Hearing none, we’ve had a motion that’s been made and seconded. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve st Jeurissen 1 Addition plat subject to the following conditions: st 1. Dedicated access to Outlot A must be provided prior to recording the Jeurissen 1 Addition plat. 2. The existing driveway access to TH 212 must be closed except for access for agricultural st purposes only on Outlot C , Jeurissen 1 Addition. An access easement across Outlot B, st Jeurissen 1 Addition shall be recorded which shall follow the existing driveway alignment with a 45 Chanhassen City Council – July 22, 2013 width of approximately 26 feet. Said easement shall be vacated should alternate access to Outlot st C, Jeurissen 1 Addition become available. 3. Unless the Bluff Creek Boulevard Improvement assessment, City Project 06-05 levied against the property is paid in full before the final plat is recorded, the assessment is reapportioned against Outlot A. The principal of $601,212.65 was deferred until development and it has been accruing 6% since 2009. As of June 6, 2013 the assessment amount due was $796,302.31. 4. The Bluff Creek Overlay District primary zone, “Outlot B” shall be conveyed to the City by warranty deed free and clear of any encumbrances or a preservation easement acceptable to the City shall be established over Outlot B before the final plat is recorded. 5. Before any development plans are submitted for Outlot C the property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the City to determine the exact watershed zone st boundary on Outlot C, Jeurissen 1 Addition. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, st environmental science or other related profession. Development of Outlot C Jeurissen 1 Addition would be inconsistent with the adopted Alternate Urban Areawide Review, AUAR. Any development would need to conduct additional environmental documentation or review or request an amendment to the 2005 AUAR. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves rezoning from Agricultural Estate (A-2) to Planned Unit Development-Residential (PUD-R), preliminary plat of approximately 23 acres into 32 single family lots, 26 twinhome lots and 7 outlots; and a conditional use permit to allow for development within the Bluff Creek Overlay District for the Camden Ridge development subject to the following conditions and adoption of the Planning Commission Findings of Fact: Building Conditions: 1.Demolition permits are required for the removal of any existing structures. 2.Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3.A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4.Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5.Each lot must be provided with separate sewer and water services. 6.The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 46 Chanhassen City Council – July 22, 2013 7.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Engineering Conditions: 1.The developer must obtain right-of-way for the part of River Rock Road that connects to Bluff Creek Boulevard. 2.The proposed “Easement Detail” must be revised to include how the easements around the perimeter of the twinhome lots will be platted. 3.The developer’s engineer must adjust the grading on the trail near Outlot F so that it will meet ADA standards. 4.The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out. 5.Additional information needs to be noted (such as elevation points between the lots) between lots on the north side of Street B to show the grading will allow water to drain away from the structures. 6.The final plans must note the survey benchmark on the plan set. 7.The final plans must note the existing and proposed elevations at the corners of each lot. 8.The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. 9.Walls taller than 6 feet shall not be constructed with boulder rock. 10.Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back of the lots. 11.A Homeowners Association must be created to take ownership of all retaining walls and the draintile along the face of Retaining Wall B. 12.Local streets must be within a 60-foot wide right-of-way. 13.At final plat, the Engineering Department will review the profile of Street A between stations 2+00 and 4+00 to ensure the profile meets the minimum length requirements for vertical curves. 14.The proposed centerline grade at the intersection of River Rock Drive and Street A must not be greater than 3%. 47 Chanhassen City Council – July 22, 2013 15.The existing driveway access to TH 212 must be closed except for access for agricultural st purposes only on Outlot C, Jeurissen 1 Addition. An access easement across Outlot B, st Jeurissen 1 Addition, shall be recorded which shall follow the existing driveway alignment with a width of approximately 26 feet. Said easement shall be vacated should alternate st access to Outlot C, Jeurissen 1 Addition become available. 16.The developer’s engineer must design a Street C typical section. 17.The development is adjacent to Bluff Creek Boulevard and is therefore subject to the arterial collector fee at the time of final plat for Camden Ridge. The fee shall be $55,030.56 ($2,400 st x 22.9294 acres of Outlot A, Jeurissen 1 Addition). 18.The developer’s engineer must incorporate pressure-reducing valves and a surge protection system into the watermain plans. 19.The developer’s engineer will ensure that CBMH-102 does not conflict with the nearby watermain. 20. Unless the Bluff Creek Boulevard Improvements assessment, City Project 06-05, levied against the property described on Exhibit “A” is paid in full before the plat is recorded the assessment is reapportioned against Outlot A. As of June 6, 2013, the assessment amount with accrued interest was $796,302.31. 21.Water and sewer hook-up fees must be paid at the time of final plat. 22. P reserving 60 feet of right-of-way to the property straight north of Camden Ridge. Fire Conditions: 1.A three-foot clear space must be maintained around fire hydrants. 2.Temporary street signs must be installed prior to home construction. 3.No burning permits will be issued. Any trees removed must either be chipped on site or removed from site. 4.Water mains shall be made serviceable prior to combustible construction. 5.Posts, fences, utility boxes etc. shall not be placed near fire hydrants which would hinder firefighters to quickly locate and/or operate fire hydrants in a safe manner. Natural Resources Conditions: 1.The applicant shall increase bufferyard plantings to meet minimum requirements. 48 Chanhassen City Council – July 22, 2013 2.The applicant shall plant a minimum of 130 trees in the development. 3.The applicant shall diversify the plant schedule so that no one species comprises more than one third of the total number of trees. 4.The applicant shall specify vegetation proposed for Outlots A, B and C. 5.The applicant shall submit a revised landscape plan to the city prior to final approval. 6.The applicant shall preserve trees #1301, 1302, 1303. These trees along with trees #1393- 1398 shall be protected by fencing prior to and during any grading or construction activities. 7.The developer shall install signage at lot lines to demarcate the Bluff Creek Primary Zone. Parks Conditions: 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2.Construction of Bluff Creek Trail from its current southerly terminus, extending between the new homes and Bluff Creek to a terminus point at TH 212. The developer shall provide design, engineering, construction and testing services required of the “Bluff Creek Trail.” All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, asphalt surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. Planning Conditions: 1.The developer shall pay $6,285.00 as its portion of the 2005 AUAR prior to recording the final plat. 2.The developer shall prepare a noise analysis for noise generated by traffic on Highway 212. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes as specified by the Minnesota Pollution Control Agency, which shall be implemented by the developer. 3.The Bluff Creek Overlay District primary zone, Outlot “B”, shall be conveyed to the City by warranty deed free and clear of any encumbrances or a preservation easement acceptable to the City shall be established over Outlot B before the plat is recorded. 49 Chanhassen City Council – July 22, 2013 4.Before any development plans are submitted for Outlot C, the property owner shall provide appropriate technical information, including but not limited to a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact st watershed zone boundary on Outlot C, Jeurissen 1 Addition. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related profession. st Development of Outlot C Jeurissen 1 Addition would be inconsistent with the adopted Alternate Urban Areawide Review, AUAR. Any development would need to conduct additional environmental documentation or review or request an amendment to the 2005 AUAR. st 5.The property owner must advise the city of the intended use of Outlot C, Jeurissen 1 Addition, and how it shall be accessed. This Outlot may not be developable or accessible in the future. 6.Final plat approval will be contingent on the developer resolving the access issue. Either an access easement or right-of-way must be in place prior to any site development. 7.Individual lots may not exceed the maximum hard cover per lot established in the compliance table. Water Resources Conditions: 1.Land disturbance within the first twenty feet of the Bluff Creek Overlay District setback shall not be allowed unless the applicant can demonstrate that the goal cannot be achieved without the proposed disturbance. 2.A mitigation/restoration plan must be provided for any disturbance within the Bluff Creek Overlay District or setback from the BCOR. 3.Trail must be aligned to minimize the encroachment into the BCOR primary zone and minimize loss of natural vegetation and habitat. 4.Efforts must be made to minimize the number of inlets into each pond. 5.The proposed ponds must be designed with a forebay. 6.The plans must demonstrate how water quality basin #1 and water quality basin #3 will be accessed. This includes all inlets, outlets and filtration benches as well as sediment removal from forebay and water quality volume. 7.The stormwater design shall, to the greatest extent practicable, seek to maximize infiltration, extend detention times and protect Bluff Creek from scour and other erosive conditions. 50 Chanhassen City Council – July 22, 2013 8.The applicant must evaluate downstream flow conditions as indicated in Section 19-144. 9.A Surface Water Pollution Plan and all required elements must be provided to the city for review. This plan must be compliant with NPDES requirements as well as the requirements of Chapter 19 of city code. 10.SWMP trunk fees due at final plat are estimated to be $104,930.25. 11.The development must comply with the MN Rules chapter 6120 and the DNR must issue their concurrence to this effect. 12.No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. Grading activities have been observed within this area along the south side of Bluff Creek. The applicant should submit a plan for the revegetation of this area that incorporates native plants and is consistent with the City’s Bluff Creek Natural Resources Management Plan Appendix C. Any such areas that have been disturbed through the removal or addition of soils material prior to approval shall be addressed prior to commencement of other grading activities but no later than seven (7) days from approval. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approves the Development Contract for grading of Camden Ridge subject to the following conditions: th 1. If the Preserve at Bluff Creek 5 Addition final plat is not recorded, the developer for Camden Ridge must acquire the right-of-way for River Rock Drive South to connect to Bluff Creek Boulevard. 2. The developer’s engineer must adjust the grading on the trail near Outlot F. 3. The contours near the northwest corner of Pond 2, between Lots 6 and 7 must be smoothed out. 4. Additional information needs to be noted (such as elevation points between the lots) between lots on the north side of Street B to show the grading will allow water to drain away from the structures. 5. An escrow totaling $105,376.87 (110% of the estimated erosion control for this development) is required before site grading begins. 6. The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. 7. Walls taller than 6 feet shall not be constructed with boulder rock. 8. Retaining Wall B must be moved so that it is outside the drainage and utility easement at the back of the lots. 9. An escrow totaling $66,709.50 (110% of the estimated cost of retaining wall construction) is required before work on the retaining walls begins. 51 Chanhassen City Council – July 22, 2013 All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everybody. Appreciate all your help. That completes our items of new business this evening. Let’s move onto Council Presentations. COUNCIL PRESENTATIONS: Councilman McDonald: Yes, as everyone on the council knows I’m part of Southwest Transit and we’ve started going through a number of things dealing with light rail as it comes down to Eden Prairie and so there was a meeting last week with the Mayor and Mr. Gerhardt, kind of preliminary to just kind of look at you know the effect upon the cities. What’s going to happen is, is that Southwest is going to put together kind of their position paper on all of this as to what’s going to happen to Southwest Station, the light rail and all of those things. That will be sent down to the City so we will be getting a paper from Southwest Transit that we’re going to ask that the cities review, edit and then approve and then with that we will be able to talk with kind of one voice and give direction back to staff at Southwest Transit as to how the cities feel that Southwest Transit should proceed in the future so I just wanted to bring everyone up to date on that. And you should see it probably before, about the end of July you should get, I don’t know if it will be in time for our first meeting in August or not but that is the plan is to try to get it you know down to City Councils by then. Todd Gerhardt: I have Len Simich already scheduled for our work session first meeting in August. Councilman McDonald: Okay. Todd Gerhardt: And I think he plans on presenting that paper to the council. Councilman McDonald: Okay. Mayor Furlong: Thank you. Other council presentations? Councilwoman Ernst. Councilwoman Ernst: Yes I would, thank you. So I just wanted to really congratulate Paul. We had, I sit on the Metro Cities Board of Directors and we had a vacancy for a TAC position. The Transportation Advisory Council position and there were approximately 8 candidates that submitted their resume for this position and obviously it was a no brainer that there was a consensus that Paul was the best candidate for the position. With his leadership skills, his project management skills and all the road construction projects that you’ve had and the successes with those, as well as having the resources and the network for obtaining funding for these projects so congratulations Paul. Well deserved and I’m excited that you’re going to be the best candidate for the position. Excited to see what you’re going to do with that so. Paul Oehme: Thank you council member. Yeah, looking forward to my service on the committee so. Councilwoman Ernst: Great. Mayor Furlong: Thank you. Other council presentations? Mr. Laufenburger. Councilman Laufenburger: Oh Mr. Mayor I try to reserve my comments about the Red Birds because. Mayor Furlong: When? 52 Chanhassen City Council – July 22, 2013 th Councilman Laufenburger: Anyway, on June 9 the City dedicated Lake Ann Park pavilion in the name of Al Klingelhutz and it was a beautiful day up until about 1:00 at which time it rained and rained out the game that was scheduled for that day against the St. Peter Saints, Mr. Hoffman. Now the St. Peter Saints are going to return to Chanhassen’s Storm Red Birds stadium this Thursday night and well take up th exactly where we left off on June 9 and Mary Jane Klingelhutz will be throwing out the first pitch and she’ll be surrounded hopefully by kids and grandkids and we’ll have just a festive night. It’s also the last home game of the regular season for the Red Birds who are currently in second place in the Central Division of the River Valley League vying for a number one seed perhaps in the State tournament so everybody is welcome. Come on out. Enjoy some Red Birds fever. It’s hot. Catch it. Mayor Furlong: And that’s this coming Thursday? Councilman Laufenburger: This coming Thursday. Mayor Furlong: At what time? Councilman Laufenburger: 7:30 p.m. at Storm Red Birds Stadium. Mayor Furlong: Very good, thank you. Other council presentations? This is our first meeting since the th July 4 celebration and I know all of us were there at some part. I just want to make special mention and thank the city staff, Mitch, Jerry, Todd. Everybody in the park department but it goes way beyond that. I know the streets department and the sheriff’s office with their involvement. The fire department. The Rotary Club. There just are so many people that Southwest Chamber of Commerce with the Business Fair. Beyond the Yellow group was involved. The Senior Commission did bingo. We had Taste of Chanhassen. Really was a fantastic city wide celebration over 3 days and the weather couldn’t have been better and I think because of that the crowds were larger than ever and that’s wonderful because it just meant that that many more people were having a great time and enjoying what we have here in Chanhassen so thank you to everybody involved. If I haven’t mentioned your name, it’s not on purpose but I’m sure I’ll be criticized for it but don’t let that stop everybody from really, really appreciating all the good things we have here and being grateful for them and at the same time looking forward to next year and doing it even better. We do have some other things coming up tonight soon. First of all National th Night Out will be on August 6, if I have my date correct there. I was talking to Beth Hoiseth. She is coordinating that again this year. Our Crime Prevention Specialist. She said we’re approaching 50 neighborhoods to have parties that evening. Will be just a great time. If there’s a party in your neighborhood, please go. If there isn’t one in your neighborhood and you’d like to host one, please call Beth and get in touch with her and I’m sure she’d be happy to help you. Also I want to thank the Senior Center for hosting myself and Mr. Gerhardt and Ms. Hokkanen the other evening, last Thursday evening to give a presentation update on the going on’s. It was a great event and good time and we have a couple things to work on, as usual. Some questions were raised but we can get to that. You did? Todd Gerhardt: Yeah, Todd solve that one. Mayor Furlong: Good, good, good. And then upcoming, which hasn’t been mentioned much, the library. th The Chanhassen Library will be celebrating it’s 10 anniversary already this coming month so August th 17 they’ll be having some events. Take a look for those and I encourage people to stop up for that. Lots going on in the area so no excuse for not getting out and having fun. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes. 53 Chanhassen City Council – July 22, 2013 rdrd Councilman Laufenburger: Is the Tour de Tonka this weekend? August 3? Oh, August 3. Not this weekend. Two weekends away, okay. Mayor Furlong: Two weekends away. Another opportunity to get out and have fun so. If there’s nothing else for council presentations, is there administrative presentations? Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS. thrdnd Todd Gerhardt: I just want to thank the Mayor for such wonderful weather on the 4, the 3 and the 2. He did a great job. Unfortunately I dropped the ball when it came to the senior picnic. It was a little humid and hot but you know, but thank you for such a beautiful day. And the, I got to throw the first pitch out against the Storm and the Cubs and they 10 run the Cubs so that’s always good. We didn’t fare so well with the Vics but still beautiful night. Councilman Laufenburger: But who threw that pitch? Todd Gerhardt: The mayor from Victoria. But road projects, moving along fairly nice. We just got the first lift down in Greenwood Shores and Chaska Road area. Starting to work in the Melody Hill area now and access the Bandimere is open and paved so now they’re working on the next segment from Bandimere down to Pioneer and so that project’s moving along. Getting out and moving dirt. That’s about it. Mayor Furlong: Pleasant View and 101? How’s that project coming along? Paul Oehme: Mayor, it’s coming along. Xcel’s scheduled to be on site this week to move some power poles on the east side of the road, then we can pave the turn lane and the through lane and shift all the work to the west so we’re hopeful Xcel will be out there this week and so we can start making some good progress on the west side. Mayor Furlong: Is it still on schedule? When is it scheduled to be completed? Paul Oehme: The completion is the end of August so it’s going to be tight but we’re still pushing for that as long as we get some good weather I think we’ll be fine yet. Mayor Furlong: And what’s the timing on the pedestrian crosswalk over on 41 by Chaska Road? Paul Oehme: Yeah, we’re still working through some issues there with MnDOT. There was some permitting hurdles that we’ve been working through but we’re anticipating getting approval this week so that’s, not as much infrastructure has to go in there. We hopefully that once we get the permit, it goes fairly quickly. The contractor’s ready to go on that one. Mayor Furlong: Okay. And the other street projects up on Chaska Road there, that neighborhood. Melody Hills. Paul Oehme: Yeah, Melody Hills, all the roads have been milled now. Most of the utilities have been installed so now we’re working on grading the road out and paving in about a week. Week and a half maybe. Mayor Furlong: And the other neighborhoods those are on track? 54 Chanhassen City Council – July 22, 2013 Paul Oehme: Yep. Yeah we’re still tracking there. Sandy Hook, we’re replacing hydrants and some storm sewer improvements so we’re making some good progress there. Mayor Furlong: Alright, very good. Thank you. Any other questions for Mr. Gerhardt or his staff? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: We will continue our last item under the work session immediately following the meeting here but if there’s nothing else to come before the council this evening, is there a motion to adjourn? Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 9:30 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 55