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1i Approval of MinutesCITY COUNCIL WORK SESSION MINUTES MONDAY, NOVEMBER 15, 1999 The meeting convened at 5:30 p.m. MEMBERS PRESENT: Mayor Mancino, Council members Engel, Jansen, Labatt and Senn. STAFF PRESENT: Scott Botcher, City Manager; Todd Gerhardt, Assistant City Manager; Bruce DeJong, Finance Director; Kate Aanenson, Community Development Director; Charles Folch, Public Works Director 2000 BUDGET: Kate Aanenson, Community Development Director was present to discuss her budget. As there were no significant changes in the budget, the discussion was quite brief. The focus of the discussion was primarily on the administrative positions within the Public Safety/Building Inspections Departments. It was indicated that utilization 'of these staff positions would be observed by the City Manager as organizational changes progress. Todd Gerhardt, Assistant City Manager, was present to discuss the administrative part of the budget, and again, the amount of questioning involving these budgets were minimal. A significant increase was shown in the elections budget, as a presidential election will be held in the year 2000. Charles Folch was present to discuss the Public Works Department budgets. The focus of the discussion was the action of the City Manager to remove a request by the Public Works Director for $200,000 per year for the initiation of the-installation of radio controlled meter reading devices. It was the City Manager's position that there was no cost benefit analysis indicating that utilization of this technology was superior to any other and would in fact be economically beneficial to the organization. The council concurred and this recommendation was upheld. LEAGUE OF MINNESOTA CITIES, AMM, AND NATIONAL LEAGUE OF CITIES LEGISLATIVE POLICIES: Following the budgetary discussions, the council reviewed the League of Minnesota Cities, AMM, and National League of Cities Legislative Policy Positions. A majority of them were agreed with; several were not and were noted by Mayor Mancino and City Manager Botcher for utilization in voting the city's position on these policies at the Policy Adoption Conference on November 19. MISCELLANEOUS ITEMS: The final item on the agenda was Miscellaneous Items wherein some basic discussion was held regarding PUD's and the authority of cities to act there under. Respectfully submitted, Scott A. Botcher City Manager CHANHASSEN CITY COUNCIL WORK SESSION NOVEMBER 22, 1999 Mayor Mancino called the work session to order at 5 :.30 p.m. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Labatt, Councilwoman Jansen, Councilman Semi, and Councilman Engel. STAFF PRESENT: Scott Botcher, Roger Knutson, Todd Gerhardt, Kate Aanenson, Bruce DeJong, and Anita Benson 2000 Prosecution Contract with the Carver CounP,~ Attorney's Office. Mike Fahey from the Carver County Attorney's office was present to answer any questions from the City Council. Councilman Labatt stated that the information that had been provided to the Council was not the information lie was looking for in the 1998 annual report. Mayor Mancino asked about 20% going to the State. Council asked staff their opinion of this contract. Both the Git5: Manager and City Attorney stated that they thought this was a good deal for the City. _C. onsent Agenda: a. Approve Quote for Electrical Service Work at Wells in Conjunction with Mobile Generator Project. A representative from Bonestroo was present to answer any questions. City Council did not have any questions on this item. b. Appointment to Youth Cominission. Mayor Mancino asked hoxv long the terms were for this commission. The City Manager stated he would get that information back to the Council. c. Approve Resolution Requesting Design Element Variance for TH 5/West 78th Street Improvement Pro.iect 97-6. Mayor Mancino asked if there were going to be two paths, one fbr pedestrians and one for bicycles. Anita Benson stated that it xvas just one path to accommodate both. e. Approval of Bills. No questions were asked on this iteml E Approval of Minutes. City Council Work Session - November 22, 1999 No questions were asked on this item. g. Approval of Resolution Amending Contract for Banking Services. Councilman Senn asked some questions of Bruce DeJong regarding average balance information, how long the contract lasted, and how much money was in investments and earning interest. h. Approval of 2000 Meeting Schedule. Mayor Mancino just wanted to clarify that the Council did not have to meet on all the work session dates as outlined. Public ltearings: Request for Cit37 Subsidy on Lot 6t Block It Cbanhassen Business Center Second Additiont (Northwest Corner of Lake Drive and Audubon Road)t Boedecker Companvt and Request for City Subsid¥~ Eden Trace Corporation: Lot It Block It Chanhassen Lakes Business Park 7th Additiont Lot 2~ Block 1~ Chanhassen Lakes Business Park 7th Addition~ Lot 3~ Block 1~ Chanhassen Lakes Business Park 7th Addition~ and Lot 4~ Block 1~ Chanhassen Lakes Business Park 7th Addition. Todd Gerhardt passed out some handouts to clarify some of the questions he had received regarding the two items related to city subsidy, and clarified some of the typographical errors in the agreements. Councihnan Senn asked for clarification on administration fees and fiscal disparities. Staff stated they would work with the companies to fill in the actual numbers regarding employees and wage levels. 5. Resolution Awarding General Obligation hnprovement Bonds of 1999. Bruce DeJong passed out the results of the bids on this item and explained the results to the council. Reconsider Conceptual PUD Request for Mixed Housing Development (414 units) Consisting of Manor Homest Court Homes~ Village Homes~ and Townhomes on 82.8 Acres; and 3.7 Acres of Commercial Uses~ Located on the Northeast Corner of Highways 5 and 41~ Arboretum Viilage~ Pulte Homes. ~ Mayor Mancino stated that this item would not be a public hearing and asked Kate Aanenson to give a report to the citizens on the action the City Council was taking at the City Council meeting. 8. Approval of 2000 Contract for Police Services. Councilman Senn asked about the Exhibits. Scott Botcher stated that the department heads would be asked if there's any equipment they could use in their departments. Mayor Mancino asked that the City Council be provided with quarterly updates. 2 City Council Work Session - November 22, 1999 The City Council work session was adjourned at 6:30 p.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim CHANHASSEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 1999 Mayor Mancino called the meeting to order at 6:35 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Labatt, Councilman Engel, Councilwoman Jansen and Councilman Senn STAFF PRESENT: Scott Botcher, Roger Knutson, Anita Benson, Todd Gerhardt, Kate Aanenson, Beth Hoiseth, and Bruce DeJong APPROVAL OF AGENDA: Councihnan Senn moved, Councilman Labatt seconded to approve the agenda as presented. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Couneihvoman Jnnsen moved, Couneilnmn Labatt seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Approve Quote for Electrical Service Work at Wells in Conjunction with Mobile Generator Project. b. Appointment to Youth Commission. c. Resoh, tion #99-97: Approve Resolution Requesting Design Element Variance for TH 5/West 78m Street Improvement Project 97-6. e. Approval of Bills. f. Approval of Minutes: - Work Session Minutes dated October 18, 1999 - Work Session Minutes dated November 1, 1999 - Work Session Minutes dated Novelnber 8, 1999 - City Council Minutes dated November 8, 1999 g. Resolution #99-98: Approval of Resolution Amending Contract for Banking Services. h. Approval of 2000 Meeting Schedule. All voted in favor and the motion carried unanimously. VISITOR PRESENTATION: Mike Ryan: My name is Mike Ryan. I live at 2595 Southern Court in Chanbassen. I understand that with point number 7, with llew business that there will be no debate so I'd like to take the opportunity to share some opinions and views. Thank you for the opportunity to present our Chanhassen neighborhood City Council Meeting - November 22, 1999 concerns and views on the proposed project at Highway 5 and 41. Like you we want the best for our city and we want to have our eyes on the future. We too want to respect and work with the existing housing guidelines in the comp plan guidelines. We believe the City could do better than what is currently proposed by Pulte. Doing better includes planning for tax burdens and tax alleviation. Has the City exhausted all alternatives to this project in order to provide a better tax base for the City? As concerned citizens we have taken an active interest in understanding the processes involved in this project. This is not an area of expertise for the average citizen and for many of us this has been a real education. And I applaud all of you as council members and mayor for working with such details day-to-day and week-to- week. As I said, we have taken an active interest in understanding this process but please understand that up to this point we've only had a 10-minute neighborhood meeting with Pulte. This lack of dialogue I am certain is maybe another reason for the frustration in understanding this development and if we have this opportunity to speak with Pulte before this vote for the PUD, maybe things would be smoother for all involved. As existing citizens we purchased tile adjoining property that is adjoining tile property south of the north frontage road proposed by Pulte. With the understanding that it was guided for a Iow, single family or twin home residential neighborhood. As present Chanhassen residents we have a vested interest in this development due to our understanding of the existing guiding principles of the comp plan. And these comp plans do reflect Iow density. This property is guided again for low density single family or twin home, not the town home or multi-family as conceptually proposed by Pulte for the north frontage road. It's our understanding that the desired Pulte land is currently A2, Agricultural Estate District and is guided for medium south of the frontage and Iow north of the frontage. Pulte is requesting rezoning, is what we understand, but what kind of rezoning are they requesting? As guided or as medium south and mediun north? And if Pulte is requesting medium north for the north fi'ontage, our question'is does there need to be a council vote for rezoning from Iow to medium density north of the fi'ontage road. Is your vote tacit approval of the medium density for the north of the frontage road? Or will it remain low density north of the frontage road? There is also confusion of the density per acreage. What is the buildable acreage to make the calculations of density for this north frontage? We feel this is critical information because decisions are being made assuming that the Iow residential of I to 4 is maintained based on mixed information fi'om Pulte and staff. And this information is based on, is on tile total acreage available. This begs the next question. Can the City approve low density units but not meet the criteria of Ioxv density dwellings, i.e. single family residential or twin homes. We request that this be clarified. Again as adjoining neighbors we understood the City's comp guidelines and that we are continuously reminded that are so important to this city but we are, and when we purchased our property we were reminded by our developer, in this case it was Lundgren, that this land was guided for low density, single family or twin homes. We invested in Chanhassen with this knowledge and ask tile ' council to respect these guided reasons why we moved to select and invest in this neighborhood and Chanhassen. I have copies of Pulte's development and review application of July 30, 1999 where they recognize and request that the land stay as guided Iow and medium. It states in their application present land use designation, low, medium in density residential neighborhood retail. In the next category it's requested, and it's requested by Pulte as low and medium density residential neighborhood retail. In fact on the same day, July 30th Pulte sent a letter to Kathryn Aanenson and in the third paragraph it states, that they are not requesting any density transfer from the property west of Highway 41 per our calculations. This adds to our confusion of the staff report that is making this density transfer. This chronology and the Pulte conceptual proposals are conflicting and confi~sing. Pulte does not request.the transfer but the transfer is in the staff report. Pulte is requesting Iow and medium density but staff is mixing density. The concept states it is meeting Iow occupancy but is not abiding by the dwelling requirements as guided by low density. There needs to be clarity and we ask for your assistance in answering these questions before you vote on this PUD tonight. Next comment we have is on the housing guidelines for Chanhassen. On page 31 of the comp plan it states the following. The City will promote the integration of life cycle housing opportunities throughout tile community. Affordable and subsidizedhousing shall 2 City Council Meeting - November 22, 1999 not be overly concentrated in one area of the city. The Pulte concept project that you are being asked to vote on is approximately, to the best that we can calculate the numbers, is approximately 68% affordable and subsidized housing or 284 units of 418 units. This is in conflict to the city guidelines. Coincidentally, this past Thursday the Star and Trib and the State of Minnesota has recognized Maple Grove for their affordable housing strategy of mixing 5% to 20% in developments. Tonight you're being asked to vote on this concept PUD of again 68% affordable and subsidized. Pulte as an expert in development and knowing our guidelines, the question is why did they submit such a large percent for PUD? We hear how Pulte is working with the city to accomplish mutual goals but as a citizen I ask why has staff not guided Pulte and their concept to reflect the City's guidelines. Previously I noted the question of acreage north of the frontage. This is very important to understand because units are being calculated based on these calculations. I have separate documents that reflect different acres. There's an August 6~h document by the City which reflects 62 '/2 acres whereas Pulte's reflects 80.5 acres. This is for the total north and south. This is quite a disparity. Which is correct? What is buildable? And also staff calculates approximately 43.9 north of the fi'ontage and Pulte calculates 38.8. This may seem like minutia but it is vitally important if your vote tonight has a bearing on tile final product on this issue of Iow to medium density. As you can see this is confusing but we feel it's critical in understanding the density arguments. Is the city legally exposing itself xvhen voting on this PUD from a position of weakness when all tile facts are not clear? We see a whole lot of cart before the horse. The townhome rental units also pose a set of questions. We respect tile intentions of the townbomes but it seems odd that Mr. Deanovic, as his own developer is bundled as defacto of Pulte. Is this standard procedure? As currently guided, the townhomes are not zoned for low density for the north frontage road as noted in Pulte's concept plan. For Pulte developments are their principle occupation and they have very clear economic interests. We all need to respect those interests but as council members we respectfully ask that you take special care to respect the interests of the existing and surrounding neighbors that comprise Chanhassen. Those residents who have investments and invested as currently guided. We also ask that as council members you take oxvnership to the best optimal vision of the western gateway. This is all of ours. Our last chance to define tile western gatexvay to Cbanhassen. Pulte will come and go. They are not a Byerly's or a Target xvho have a long term interest in tile position in this COlnmunity. This is our chance as existing citizens to have tile pleasure or disappointment of a visually attractive gateway. This is our chance to build or preserve in the best interest of the city and the best interest of the residents. I respectft, lly request the consideration of our questions posed to you tonight and tile zoning implications for the north fl'ontage. Mayor Mancino: Thank you. Thank you Michael. When we get this, when that comes on the agenda. which I'm sure you'lt all stay for, Kate if you can address some of those. And I don't know if you can address all of them but if you've got most of them, we will try to address those when that's on the agenda so xve can have some time for that. That'd be fine. Thank you. Is there anyone else? Wishing to address the council..Okay. PUBLIC SAFETY UPDATE. Mayor Mancino: Well Bob Z and John Wolff, you certainly bare changed. So if you'd like to introduce yourselves and give us an update. Scott or Beth. Scott Anding: Scott Anding, First Assistant Chief of the Chanhassen Fire Department. Mayor and members of the Council. We are going to, tonight I just want to briefly tell you people what we','e going to be doing preparing for Y2K. The fire department does not see any problems, or foresee any problems. The only problems we do see is that the phone lines could pose a problem for the fire department is everybody decides to pick up the phone and see if it's going to work at 12:00. We have in place a City Council Meeting - November 22, 1999 secondary means of notification where through public notice in the local papers we're going to ask residents if they do have a problem, the phone lines are down, that we will have them come directly to the fire station. We will have a total of 15 personnel between the two stations. The one here in town and the one out at Minnewashta on Highway 7. They will be staffed from 8:00 to 1:00 a.m. If we do have problems we call in additional personnel and take care of the problems accordingly. We have installed a new generator out at the west station and that is operational. Just in case we have any problems with power going out, our station over here in the city and the west station will have power to make sure that we have a radio communications and stuff like that operating. All the trucks and our computer systems have been checked for compliance for Y2K. And last but not least we're expecting the delivery of our new rescue 218 at the end of the month. Mayor Mancino: Great. And are you having a party for New Year's Eve to have all the. Scott Anding: For the individuals that are going to be staffing the stations, yes we are. We are providing them with dinner and inviting their families to come down and join itl a little festivities if they xvant and we're taking care of that. Mayor Mancino: Good, xve know where to come then. Any questions for Sco'tt? Beth. Beth ltoiseth: l'm Beth l toiseth, Crime Prevention Specialist roi' tile City of Chanhassen and I'll probably just go over my most recent activities for the month of October. I submit one to you each month. I don't know if it was covered last xveek, or last month but police officers aud myself participated in Fire Safety Week and for years the fire department has provided the safety educatiou for a week at the fire station where they bring first, second and some third graders to the station and circulate them through safety sessions. Well for the last two years myself and police officers have gotten involved and taken on those safety sessions and this year I talked to all the children about personal safety and safety with strangers and then I had a couple of the police officers talk a little bit about their job and then introduce tile children to their squad cars and let them try on police uniforms and interact with the children and it's really a perfect opportunity to you know close the gap between police officers and youth and have that positive interaction. So we're going to continue to do that every year and welcome the opportunity to do that with, partake with the fire station on that and fire depamnei~t. And neighborhood watch continues to be a very active this year. I'm very pleased with the number of neighborhood watch groups that we started this year. We started 13 new groups this year and that's significantly higher than the other years so I don't know why. Just maybe the words getting out. 1 don't know but very pleased with that. Had two more tneetings in October. I had one this month and even in December I have one scheduled and usually this time of year it's pretty quiet with the holiday season but we still have a few going on. And we completed our citizens police academy program that ended the first Tuesday in November. We had 12 students enrolled and perfect attendance during the six week course. The officers did a fantastic job with their presentations. They kept the interest and kept the students coming back each week. 1 really would like to commend the officers who took part as instructors for the class. Officer Bob Zydowsky and Officer Carrie Nolden were instructors and three deputies with Carver County Sheriff's Department. Deputy Eldon Anderson, Mike Douglas, and Roger Roach. And just a note on the side that I believe ~Carver County Deputies did this on their own time so they just volunteered their time to come and assist with the program. And then we also had the State Patrol. We had theln participate for two nights also. And one of the objectives of the program is to possibly generate the volunteers for the community and l'm very pleased to report that two of the students came forward to express an interest in partaking the Carver County Police Reserves so it was a very successful program. And I had one crime alert distributed to businesses early October in the Century Boulevard area. They had had problems, various vandalism problems throughout the year and we met with some of the management of those business City Council Meeting - November 22, 1999 complexes. I distributed flyers and just to alert all the employees of the problems so they were kept in the loop as to vandalism problems and also to encourage reporting in watching for and reporting suspicious activity. So far we haven't heard any problems so we'll just kind of keep our fingers crossed. It's been pretty quiet since the last incidents in September. And then the last item I'd like to mention, back in October Wooddale Church, they volunteered, they had their :7outh volunteer to do kind of a clean-up program on a Saturday for the city and police and fire fighters were also involved. We coordinated to have some of the youth go over and wash squad cars and fire trucks as well. So thanks to the church and the youth and again it was another opportunity to create a positive interaction. And as far as criminal activity, we haven't had any big crime trends since this summer really wasn't a big crime trend but we did have an increase in business burglaries. That has diminished over this last few months. Residential burglaries is about the same. Slightly higher from last year and we continue to have problems with theft from vehicle so I continue to try to educate the community on that. That's about all the thefts, including residential and non-residential, excluding burglaries, about 25% of all thefts are theft from vehicle and that's 1998. This year so far it's increased to near 30% so it certainly tends to be our number one p,'oblem is theft from vehicle. Mayor Mancino: Beth, do you tneet with the different neighborhood watch groups once a year? Twice a year? How often? Beth Hoiseth: Once a year. I put out a newsletter once a year encouraging to continue to have annual meetings. Some of them are real good about that. Others are not. I'm looking, but typically once a year to meet with old neighborhood watch groups but in addition to that the new ones. You want to keep creating and developing new ones. And since the turnout as far as response and having annual meetings is about 50%, it's not as good as I'd like to see it, I'm looking at, I've talked with other communities and what they've done and looking at hopefully having people get involved with National Night Out and using that as their night to meet xvith law enforcement so l'm trying to coordinate something with that, which xvould take quite a bit oF involvement with the county but hopefully I'm sure they'd be very interested in celebrating that event and that's in August. So then the neighborhood watch groups would partake in that. Mayor Mancino: Questions? Thanks for coming. Appreciate it. PUBLIC HEARING: REQUEST FOR CITY SUBSIDY ON LOT 6, BLOCK 1, CHANHASSEN BUSINESS CENTER SECOND ADDITION (NORTHWEST CORNER OF LAKE DRIVE AND AUDUBON ROAD), BOEDECKER COMPANY. Todd Gerhardt: Mayor and City Council, this is a public hearing to consider business subsidy for Boedecker Companies and consideration of approval of the Private Redevelopment Agreement between Boedecker Companies and the City of Chanhassen. Boedecker Companies meets two of the three qualifications. They will be increasing their employment in the State of Minnesota and preserving and enhancing Chanhassen's tax base. Their taxes per year will be approximately $89,000, creating 20 new jobs to their existing employment base of 35 in the year 2000. Boedecker is proposing to construct a 35,000 square foot office/manufacturing facility for the assembly and production of materials handling equipment for the construction industry. Before you is a Private Redevelopment Agreement xvith Boedecker Companies and their request for business subsidy of $67,260.38. Staff would ask the City Council to consider modifying the Private Redevelopment Agreement and page 9, and modifying the public assistance of Article IV using language that exists in Item 4(a), Private Redevelopment Agreement with Eden Trace Corporation. Then the current language used on page 9 of that agreement. And also City Council Meeting - November 22, 1999 eliminating item 6.10 and wage and job, oll page 12. It should be included in the new section of Article IV, Section 4.1, 4.2 and 4.3. With that staff would take any public or council comments. Mayor Mancino: Okay, thank you very much. Is there anyone from council that has any questions for staff at this point? This is a public hearing. Anyone wishing to address the council on this please come forward. Seeing none, any discussion on council. Councihnan Senn: I'll move approval of the Private Redevelopment Agreement with Boedecker Company deleting Article IV and replacing it with Article IV as staff suggested and also deletion of 6.10. Mayor Mancino: The new Article IV doesn't there also need to be a change, the 3.9 to 4.3? Councilman Senn: Correct. Mayor Mancino: Okay, if you could, if we could add that to your. Councilman Senn: 3.9 as referenced in the new Article IV xvould now be 4.3. Mayor Mancino: Is there a second to the motion? Councihnan Engel: Second. Councilman Senn moved, Councihnan Engel seconded to approve the Private Redevelopment Agreement with Boedecker Company and their request for $67,260.38 in city assistance as amended by staff. Ali voted in favor and the motion carried unanimously. PUBLIC HEARING: REQUEST FOR CITY SUBSIDY~ EDEN TRACE CORPORATION: LOT 1~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION~ LOT 2~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION~ LOT 3~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION~ AND LOT 4~ BLOCK 1~ CHANHASSEN LAKES BUSINESS PARK 7TM ADDITION. Mayor Mancino: Staff report, and should we just take them all as one? Todd Gerhardt: You can. Mayor Mancino: Okay, and do one motion. The attorney said 3'es so that's how xve'll do it. Thank you. Todd Gerhardt: Do you want me to go through tile reports on those? Just take public comments? Mayor Mancino: Why don't you go ahead. I think there are some changes and why don't you, if you could talk about those and then we'll take public comment. Thank you. Todd Gerhardt: Okay. Under item 4(a), Lot 1, Block 1, Chan Lakes Business Park 7. Monk Properties LLC meets two of the three qualifications for TIF assistance. Again they are increasing the employment within the State and preserving and enhancing the City of Chanhassen's tax base. Monk Properties are proposing to construct a 19,632 square foot office warehouse facility. Based on the city's three year inceutive program, when we approved tile Eden Trace tax increment district, the criteria used in approving that district was to pick up the outstanding special assessments for Lake Drive. And those City Council Meeting - November 22, 1999 outstanding specials for Lot 1, Block I are $48,077.40. Staff would ask the City Council to modify staff's recommendation, instead of $49,218.51 in city assistance, it should read $48,077.40. Staff would also ask that the City Council modify Article IV, Section 4.1, 2 and 3 in those places that relate to 3.9 and change it to 4.3. Staff will take any comments from the City Council at this time on that one. Mayor Mancino: Okay, any questions on 4(a)? Is there anyone wishing to address the City Council on 4(a)? Which is Lot 1, Block 1, Chanhassen Lakes Business Park 7th Addition. Then we'll go forward to 4(b). Todd Gerhardt: Under 4(b), again Monk Properties, multi-tenant building. Again increasing the employlnent base of the city, preserving and enhancing the City of Chanhassen's tax base. Their annual taxes will be approxi~nately $32,000. Again proposing to construct a 19,632 square foot office warehouse facility. Again we'd ask that the City Council modify the city assistance from $49,218.51 to the outstanding specials of $46,574.98. And also under Article IV, staffwould suggest that any place between Article, Section 4.1,4.2, 4.3 where it relates to 3.9 be changed to 4.3. And that is on Lot 2, Block 1, Chanhassen Lakes Business Park 7th Addition. Mayor Mancino: Okay. Any questions fi'oln council? Todd Gerhardt: The next agrcemen! is for Lot 3, Block 1, Chanhassen Lakes Business Park 7th Addition. Private Redevelopment Agreement is with the Chanhassen Lakes Business Park Third LLC. Again they are increasing employment within the state, preserving and enhancing the city of Chanhassen's tax base by approximately $84,000. Chanhassen Lakes Business Park Third Group is proposing to construct a 48.565 square foot office warehouse and manufacturing facility. Again staff would ask that the City Council modify the total incentives to relate back to the total incentives, or assessments against Lot 3, Block 1, Chanhassen Lakes Business Park in the amount of $77,624.96. There's also a typo on page 3 where market value of not less than $687,124 should be changed to $1,700,000 and again modify those areas under Article IV, Section 4.1,4.2 and 4.3 where it reads 3.9. That should be changed to 4.3. Mayor Mancino: Okay, any questions? Anyone wishing to address the council on this? It is a public hearing. Okay. Last one, 4(d) please. Todd Gerhardt: 4(d) relates to Lot 4, Block 1, Chanhassen Lakes Business Park 7th Addition. This is Eden Trace Corporation and they are proposing to build an 18,388 square foot office warehouse facility. Again they are increasing the employment within the State and preserving and enhancing the City of Chanhassen's tax base by approximately $30,000 per year. The estimated amount of incentives totaling this site. Councilwoman Jansen: $45,072.56. Councilman Engel: Fourth line in your special little addendum sheet that you gave us this evening. Todd Gerhardt: I handed them all out. Councihnan Engel: You don't have one any more. Todd Gerhardt: I don't have one. Councilman Engel: Do you waut mine? City Council Meeting - November 22, 1999 Mayor Mancino: $45,072.56. Todd Gerhardt: Again Article IV, we would change to read 4.3 instead of 3.9. Mayor Mancino: Okay, thank you. Any questions from council? This is a public bearing. Anyone wishing to address the council on this public hearing. Seeing none, let's bring it back to council on all of these, ls there any discussion? Then may I have a motion please. Councilman Senn: Move approval of items 4(a), (b), (c) and (d) as per staff recommendation. Councihnan Labatt: Second. Councilnmn Senn moved, Conncilnmn Labatt seconded to approve the following requests for city subsidy by Eden Trace Corporation: a. Private Redevelopment Agreement with Monk Properties LLC, as amended, and their request for $48,077.40 in city assistance. b. Private Redevelopment Agreement with Monk Properties LLC, as amended, and their request for $46,574.98 in city assistance. c. Private Redevelopment Agreement with Chanhassen Lakes Business Park 3, LLC, as amended, and their request for $77,624.96 in city assistance. d. Private Redevelopment Agreement with Eden Trace Corporation, as amended, and their request for $45,072.56 in city assistance. All voted in favor and the motion cnrried unanimously. AWARD OF BIDS: RESOLUTION AWARDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999. Scott Botcher: As you are aware we have gone to market for approximately 4.255 million dollars in general obligation debt. As indicated at the work sessiotl, iii years past we have generally segregated our debt into two or more issues. This year we bare consolidated the issue into a single issue, Series 1999A. And I guess at this point I'll just shut tip and let Dave talk. Dave MacGilM'ay: Good evening Mayor, members of the Council. We'd like your consideration ora resolution accepting the bid on a competitive sale of $4,255,000 general obligation bonds, Series 1999A. The proceeds will fund four special assessment improvement projects of about $2.6 million and three water utility projects of approximately $1.6 mil lion as Scott said to bring those two together. The improvement portions of this will be repaid by special assessments. The water portions would be repaid by sewer and water expansion funds, sewer and water utility funds. We took competitive bids in our offices at noon today. The results are before you on the yellow sheet. The City received 10 bids. The lowest or best bid was fi'om Cronin and Company Incorporated at a rate of 4.8376%. Our forecast of approximately 30 days ago was 5.13%. This is 3/10 of a percent under that. During that time the market's come down maybe 1/10 of I% so it is significantly tinder market performance. I would like to note, not getting your hopes tip too high but you'll see on the right hand corner here, Standard and Poors City Council Meeting - November 22, 1999 rating AAA. With that we're so, that is we provide insurance at the purchaser's option, not the city's option. Or not the city's cost. So some of these bidders selected insurance. Cronin did. It's their cost and we believe that benefits the city in a lower interest rate. I would like to note this is extremely busy sale calendar. Ten bids, the city only in two cases, both in 1995 have ever had 10 bids so with all the activity that's out there, a significant number of bidders. Also, there are names here that you don't normally recognize, and I'll let you go through the bids. Bernardi certainly. Griffen has bid on tile before. And Nike. So there's a wide distribution across the country of bids. I would like to talk about the city's credit rating, and I've attached two other reports to the bid tabulation results. You'll recall that a number of years ago following some of the iuvestment situations, the City ceased doing business with Moody's. Moody's continues to rate the city because they have a large number of outstanding bonds still outstanding. Well with this issue Moody's has essentially upgraded you to an A3 which is basically the same place you were before the investment situation so you're fully restored in that situation. Standard and Poors and I think the Mayor and Scott and Bruce certainly recall we had a visit by Standard and Poors out to the city a couple weeks back. That bore so,ne fruit. Whereas they didn't change the rating, you look under the headline there it says outlook revised positive. What that lneans in tile industry is that all signs are there that within 18 months the city would be upgraded to an A level. Their notes talk about the physical growth. They had extensive discussions on the tax increment financing situation. I think the work that's been done over the last few years to put a proactive management plan together to respond to the state situation is evidenced by Standard and Poors comfort in looking forward to...upgrade for the city. I guess finally a little bit personally. This is my last appearance before tile City. I decided to go with another advisor. It's certainly been an interesting time and I think there's been a number of accomplishments. Particnlarly with the credit rating situation. We feel very good about that and some of the physical things with the downtoxw~, etc. so xve wish you well in tile future. We'd recommend award to Cronin and I'd be glad to take any questions. Mayor Mancino: Thank you very, very much David. Any questions? Thank you. So do we need to go ahead and. Scott Botcher: Yes. Staff recommends approval of the resolution included in your packet under item number 5. Obviously the blanks will be filled in now that we have the bids to award and the Mayor xvill be asked to execnte a nauseating high amount of these for all the different transcripts that the resolution and such goes into but that would be it. Mayor Mancino: Okay, thank you very ranch. Councihnan Senn: Move approval of the resolution awarding sale of $4.255 milliou general obligation bonds, Series 1999A to Cronin and Company Inc. Councilwoman Jansen: Second. Resolution #99-99: Councilman Senn moved, Councilwoman Jansen seconded to approve the Resolution awarding the sale of $4,255,000 General Obligation Bonds, Series 1999A to Cronin and Company, Inc. All voted in favor and the motion carried unanimously. 2000 PROSECUTION CONTRACT WITH THE CARVER COUNTY ATTORNEY'S OFFICE. Scott Botcher: At the Council's request this was taken off the last agenda to answer some questions that you guys had wanted answered. Michael Fahey, County Attorney appeared at the work session and candidly I believe at that point you all asked the questions you had to ask. As with two weeks ago, I City Council Meeting - November 22, 1999 think that the methodology for providing prosecution contracts ill tile County is very favorable to all tile municipalities. You can ask Roger to address that as well if you like but I think Roger's position is the same and I'd recommend approval of the contract. Mayor Mancino: Okay, thank y.m. Any questions from council members? Then may 1 have a motion please. Councihnan Senn: I'd like to move approval of the prosecution contract with the County, however with the stipulation that the County Attorney still follow tip and get the information that was requested as it relates to case loads and prosecution levels and plea bargaining and all that sort of stuff. Mayor Mancino: Thank you. And a second? That Steve requested, yeah. Councilwoman Jansen: Second. Councilman Senn moved, Conncihvoman Jansen seconded to approve the 2000 Prosecution Contract with the Crower County Attorney's Office with the stipulation that staff provide a follow-up to the information requested at the work session. All voted in favor and the motion carried nnanimously. RECONSIDER CONCEPTUAL PUD REQUEST FOR MIXED HOUSING DEVELOPMENT (414 UNITS) CONSISTING OF MANOR HOMES~ COURT HOMES~ VILLAGE HOMES~ AND TOWNHOMES ON 82.8 ACRES~ AND 3.7 ACRES OF COMMERCIAL USES; LOCATED ON THE NORTHEAST CORNER OF HIGHWAYS 5 AND 41, ARBORETUM VILLAGE, PULTE ItOMES. Mayor Mancino: Staff repm~t please, and Kate if you could in your slowest speech, and we'll go up or down. Excuse ~ne, l'm signing. Answer as much as you can. I mean I'm sure that Michael and those that are here lonight know that this xvas tile first time that we heard the questions so we xvill try and answer those as well as we can. If they're ill written form they're certainly ones that staffcan answer and e-mail to you too, but let's just start xvith. Kate Aanenson: It would maybe be helpful just to fi'amc tip why xve're here. This was tip for reconsideration for conceptual approval ora PUD. A PUD, conceptual approval does require a 4/5 vote. The staff's position on tile PUD I believe has not changed. While Pulte hasn't been in concurrence on everything, we're at that point now where we are in concurrence and I'll kind of back up and try to talk about that. Mayor Mancino: Wait, excuse me. Can everybody hear? If you can't as she starts, just please raise yonr hand or move. I don't mean to say that bluntly but maybe come over on this side or something too and we'll take time if you need to move to make sure you can hear. Kate Aanenson: Okay. Tile question was, does this require a comprehensive plan and a PUD amendment? Yes. It does require a land use amendment. We've made that perfectly clear. It appeared in our staff report. Page 2 that went to the Planning Commission back on September 2nd. It does require a comprehensive plan in order, there's three zoning options on the north side of the property. This area north of the fl'ontage road is guided. It's not zoned yet. It is guided Iow density. Cun'ently it is zoned agricultural. The three zoning options are twin homes, a standard subdivision, 15,000 square foot lots, or a PUD, which the average lot size is 15,000. This is xvhat is to the north. The Lundgren development is 10 City Council Meeting - November 22, 1999 a PUD with the average lot size of ! 5. In meeting with the developer, the staff in order to accomplish other goals as we indicated at the neighborhood meeting and the Planning Commission meeting and the first time it went to the City Council there were some other competing goals that the city wanted to accomplish. One is the Bluff Creek Overlay District. Now as was indicated prior when Pulte came in, this piece of property, that 12 acres was left off. Always it has been the staff's position to include that 12 acres, which is predominantly in the overlay district as a part of this project. Pulte has agreed to do that. It will be left as open space. It does have development potential. If it is not given a PUD zoning, there's nowhere else to transfer the density. If we cannot transfer the density, we have to give some development rights to the property. Otherwise we ~vould have to purchase it because it would be somehow less than value. Mayor Mancino: It would be a taking and. Kate Aanenson: Itl a sorts because we have to give them some reasonable use of the property and a majority of the property, all except for a very small portion of it is in the overlay district. So it was the staff's opinion that the best xvay to accomplish that goal would be to transfer the density. Mayor Mancino: And is the density being transferred exclusively to north of West 78th Street? Kate Aanenson: 1'11 talk about how those numbers shake out in just a minute but that's a good question. So xve*ve ahvays stated that it does need a comprehensive plan alnendment because you cannot do cluster zoning unless you change the comprehensive plan. Having said that, we believe tile numbers are still consistent with what they could have done otherwise. They have laid out a twin home project and they have made an application to do a straight subdivision, which would be twin homes. In that t~vin home project they have demonstrated that they could get 34 units on this piece here and they can get 136 twin homes on the remaining property north of the frontage road. That's approximately 170 units. If you look at what this proposal calls for, with again the 56 acres, they are well xvithin that same number. So staff believes that, I mean they've got 166. This is all data that's available by just adding tip the number of units that they've always shown in this property, and that again hasn't varied. They're showing 166 and they're saying with the txvin home project they could get 170. Again, it looks like more because you're compressing that density. Again we're trying to accomplish preservation of some spaces. Also as a part of that, the goal of the PUD has always been to preserve some of the natural features on the site. Again, this PUD accomplishes that. And it's approximately 12 acres of open space that we're preserving. The property oil the north end of the wetland which is over 2 acres, tile property behind the Markert's and then this treed area here. So all of that is approximately 12 acres of open space. Now, at this point we have not calculated the other open space within the project. As this evolves to the next level, we'll come back with an impervious surface ratio and the like. The 30 acres to the south. Yes, there has been some ambiguity. Staff has calculated that, it's approximately 32. acres. They had been using 41. The bottom line is the total number of units has never changed and it's still consistent. We've always said it's approximately 415. They are in concurrence with that total number of units even though they've shown higher lmmber of acres. They still, if you took how many units an acre they could get on the southern side, and multiply that by 8. 32 times 8 gives them 256 units under a straight, come in for a site plan zoning 8 units all acre. 256 units. What they're coming in with is 252 so again they're under what they could get under a straight subdivision. So what I'm saying is they haven't got any additional units that they couldn't have gotten with a straight subdivision. It's more compressed trying to accomplish some of the. Mayor Mancino: Excuse me, they're shoxving in the straight subdivision that they could get on that southern half 324 units. 11 City Council Meeting - November 22, 1999 Kate Aanenson: They don't have 41 units and they're in agreement with that. It's 32. It's 32. Mayor Mancino: It's 32 acres? Kate Aanenson: Correct, Mayor Mancino: Okay. Kate Aanenson: It's this nnmber, this number here, the 418, that has been a consistent number that they want to put on the site. Mayor Mancino: On tile entire site. Kate Aalle~lson: Correct. Mayor Mancino: But south of78m Street, everyone understands that it's 32 acres? Kate Aanenson: Correct. We are in agreement with that. Mayor Mancino: We won, okay. Good. Kate Aanenson: So that's...the total number of units that they're requesting, tile total number of units that staff said is doable has never changed and that's approximately 414. Having said that, we talked about this when it came before the City Council before that as this evolves and we start measuring setbacks, some of the units may drop off and it may end up closer to 400, 450. I don't know. We'll have to see how that all works out. Mayor Mancino: It isn't going to any more is it? Kate Aanenson: No. No. The other question that came up was the affordability. There's price ranges within each of the products and as we indicated last time, we came, we put in there the affordability index. Now the rental units, the 32 would be affordable. Anything under 128, $128,000 for owner occupied would meet the Metropolitan Council housing goals. So taking those ranges, right now it's probably 50/50. Now they've indicated based on the architectural standards that we're looking at, it's going to drive the price up. So we'll probably end up closer to 60/40. 60% market rate. 40% that would fall maybe in that, under that. Mayor Mancino: Affordable. Kate Aanenson: Correct. Mayor Mancino: So you think at this point, the affordable housing from the PUD that you brought in originally, that we saw the last time, excuse me can you hear me? Was 68% and that's the number I came up with too. And now you think it will be close to 40% and, I'm talking approximation. Kate Aanenson: That's pretty high because they had ranges within that, each of those products. I think you were taking the ultimate extreme. I think if you went somewhere in the middle, at 50% you'd get. 12 City Council Meeting - November 22, 1999 Mayor Mancino: Well no. You really got the 68% from you know the village homes are 100 to 110 and you were doing 35% of the village homes. And of the court homes which are 112 to 130 you're doing 25%. And of the rental townhomes, that's 8%. So if you add all those up together it was 68%. So I'm assuming where the shift will happen as it comes back will be that you'll be doing less of the village home style. Kate Aanenson: Not necessarily. I think what my understanding is talking to the applicant is based on our expectations of architectural standards. That's going to drive up the product price. Mayor Mancino: So you'll still have the village home style type of product but it will be higher than the 100 to 1107 Kate Aanensolt: Correct. Mayor Mancino: And you'll also be submitting, based on the LCA, the Metropolitan Livable Communities Act, their affbrdability for 2000 and 2001, not 1999 because that will be higher too as it goes up. Kate Aanenson: Right. It's built in, xvhatever the dollars are, sure. Mayor Mancino: Okay. Kate Aaneuson: If it's built in phases, if it's Phase II, it's built ill 2001, we would use that. So with that, again the staff's position was, they had the right to so many units. It was our recommendation to do a PUD becanse we get the control of the architectural standards. We preserve some of the open space and we're able to do the density transfer, which accomplishes the BluffCreek Overlay District. So with that we supported the PUD request and again it does require a comprehensive plan because in order to do a clustering, we don't allow clustering of that type in a low density so we have to change the comprehensive plan to medium density to accomplish that. They're still under 2 units an acre if you look at the numbers. They're close to 2 units an acre oil that north side. And the overall again, it's less, little less than what they've got based on their plan. 5 '& units an acre for tile entire project. Mayor Mancino: Kate, what's your thinking philosophically, t mean I don't xvant to put you on the spot here but I kind of am, if you don't mind. Because it was a question that Michael brought tip and that was on the northern side of, northern half of 78th Street it is you knoxv guided low density. And within the Iow density zoning you can put single family residential and you can put attached twin home. When we change the zoning to PUD we are allowing for more product type up there. Kate Aanenson: No we're not. Let me make that clear. They have demonstrated, they have submitted a plan with a straight subdivision showing 170 twin homes, okay. And that would include this property, tile 12 acres and everything north of West 78'h. Their project is coming in with 166. So they haven't accomplished more. They're clustering. Mayor Mancino: No, I'm not saying they're getting more units. I'm saying the product type that can go into that northern area, north of West 78th by changing the zoning to a PUD allows for a diversity of housing type versus what's in a straight Iow density R-4 zoning. Kate Aanenson: Correct. And when Pulte first came in they came in with one or two products. They've worked really hard, they're introducing some other projects and again this is evolving as xve work 13 City Council Meeting - November 22, 1999 through tile process. Products might shift a little bit but that was one of the other reasons we suppo~ted the PUD. If it came itl as twin homes, that's what you would have. 170 twin homes. Mayor Mancino: Sea of twin homes. Kate Aanenson: Owner occupied has control over their entire lot of the 10,000. With the PUD you've got the homeowners association and we also felt it was an opportunity to get maintenance of landscaping through the entire project. Again buffering those. Setting theln back further from the wetland. Those sort of things. Besides a variety of product. And buffering and things that you can do with a PUD that you can't when someone owns an individual lot because the way a twin home would be set up is each person owns their 10,000 sqnare foot lot. Versus there's common ownership of open space through a hmneowners association. Mayor Mancino: So right now conceptually, and again it's just conceptual and tile conceptual PUD itl that area north of West 78~h Street are club homes which are, is that a twin home? ls that a classic twin Ilome? You've got club homes and manor tlomes. Okay, and the manor homes? And the rental townhomes? Four units to a buildin/; okay. So they are different than a twin frame. Kate Aanenson: Correct. Mayor Mancino: Okay. Are therc ally twin homes at all? Are there any twin homes? Audience: No there are not. Mayor Mancino: Okay. So we could have you look at putting twin homes in the northern area too. Having that part ora product mix. Okay. Kate Aanenson: Again, with a PUD it's one lot. Obviously on this there'd be two lots segmented by the road. Again what this is accomplishing, xve've got two separate owners on this property. Mills Fleet Farm and Mr. Savaryn and by putting these under one project, again we get a little bit more control. Again wo,'king with the density transfer and allowing for greater separation and buffering by bringing it ill as olde project. And that's again some of the ambiguity of what Mt'. Deanovic's role and the property on the west side, the 12 acres on the west side of 41. But again they have worked to accomplish, the two parties have worked together to accomplish tile goal that the staff' had and that was providing that as open space. So again it's the staff's opinion that it has met the test for the PUD. That it does make sense. Again gMng you more flexibility. It does require environmental assessment document and we'll be working to that end if this goes to the next level. I guess if you are, I did provide you conditions of approval with a motion and I'd be happy to answer any other questions you would have. Mayor Mancino: Okay, thank you. Does anyone mind ill ask a few more questions? Or do you want to go ahead? Councilwoman Jansen: I'd appreciate asking more questions so go ahead. Mayor Mancino: Just trying to make it real clear. So just kind of gathering lny thoughts and keep asking. On the southern 32 acres, we've all come to agree that it's 32 acres. The guiding is for medium density which is again 4 to 8. Right now. 4 to 8 and they're at 6. So they're kind of in the middle of the medium density itl that area. 14 City Council Meeting - November 22, 1999 Kate Aanenson: They're probably closer to tile 8, yes. Mayor Mancino: Pardon? Kate Aanenson: I think they're closer to the 8 units an acre, yes. Mayor Mancino: Okay. So it is no longer, let's see from a staff report, that it's 6. It's more tike an 8 unit, okay. So they're np at the top of the 8 unit per acre. I remember having the discussion many times that, at least in Planning Commission of trying to get the densities a little higher and then the northern part is still 4.2? Kate Aanenson: Well I calculate that at approxitnately 2 units an acre. That's how you get doxvn to the 6 overall. Mayor Mancino: Okay. Nox~ I'm kind of mixed up. South of \Vest 78th Street there are 252 units in this conceptual and that's about 8 units per acre. Kate Aanenson: Correct. Mayor Mancino: Okay. Thc northern part is 166 units which is 4.2 units pet-acre? Kate Aanenson: It's 56 acres. Mayor Mancino: And that's fi'om a staff report .... West 78th Street, 166 units is 2 units per acre. 2 units. Gross or net? Kate Aanenson: I've taken out right-of-way and I've taken out wetlands. Councihnan IEngel: You're saying the 56 is a net number? Kate Aanenson: Yeah, well the 87 doesn't represent the entire property. The entire property's 114 so xve've tried to take out tile wetland. Mayor Mancino: And right-of-way. Okay. So the southern part meets tile guided and the northern part. Kate Aanenson: When we updated the comprehensive plan we did indicate, as you mentioned previously that itl the past we've pushed out' numbers way down to accomplish some of out' goals. We would try to get towards the maximum with those places. We do not have that many that have the high end of density. Mayor Mancino: Well it sounds like now north of West 78~ we're kind of low. Councilwoman Jansen: it's actually 3 units an acre. 56 acres with 170 is 3. Councilman EngeI: You're leaving the 34 off. Kate Aanenson: Okay, thank you. Mayor Mancino: So 3. 3 units an acre, okay. So we're not, we're itl there. We're itl what's guided for both. 15 City Council Meeting - November 22, 1999 Kate Aanenson: Correct. Mayor Mancino: Okay. Okay. So if we've got 3 and 8, we'll at some point figure out the average. Do we have a, the open space areas. The area west of 41. The area above Parcel A which is the Markert area. And on the north side of the wetland. Is that going to be conservation easements? Kate Aanenson: Something we'll work out with the applicant. It's our intent to, certainly the treed areas. I know Park and Rec has worked at that too. They might want to put some trails through these trees. So that's something that we'll work out at the next level. Mayor Mancino: Okay. So again the units per acre shouldn't surprise anybody. The land uses are mixed residential and commercial. Kate can you talk a little bit about the, and we haven't talked about this at all, the 3.7 acres which is the commercial area. I'm assuming there you're thinking of daycare facilities, small scale health services, professional offices, neighborhood oriented retail. Kate Aa~lenso~l: Correct. Mayor Mancino: Things like that. Kate Aanenson: Small scale, correct. Mayor Mancino: Small scale. No gas stations. Kate Aanenson: That's something as we put the PUD together and we'll talk not only about uses but we'll talk about architectural standards that are residential in character. Mayor Mancino: Okay. Okay. More questions? Councilwoman Jansen: And actually tagging on in tile direction that you were going with that northern section. With that currently being zoned for single family alld wanting to maybe. Mayor Mancino: No, zoned low density. Councilwoman Jansen: Low density single family. If along the borders, because that does abut single family development to the north, and to the east. When I xvas in working with staffon Wednesday and we were kind of clarifying this medium versus low. We had the discussion of possibly being able to do the two borders in a low density single family type of construction which goes to what you were saying as far as could we introduce twin homes into the project and if~ve did that along the borders, which are bordering those other properties that are currently single family, it's really in the same concept as your Walnut Grove that you keep pointing out. Mayor Manciuo: We didn't have a wetland. Councilwoman Jansen: They didn't have a wetland. But the northern part of that property was also originally guided as low density single family. So there was a stepping up as you moved up the property, and thinking if we could execute that same concept here, what I was hearing Mr. Ryan addressing, not just the units. If our units are low density, that's great and we do have the right number of units. There seems to be a concern in the actual product mix with the townholnes. So again just looking at those 16 City Council Meeting - November 22, 1999 border properties, if it can step in so that we're doing your twin homes along the borders and then we're progressing down into the higher density or the mixed development. That might. Mayor Mancino: We might ask them to look at that. To do the bordering of the wetlands with a twin home concept product. Scott Botcher: Just remember that when you do, you're considering a general concept plan. I mean I think you can certainly give that to them as guidance, but it's not one of the things identified in 2517 as something, not a condition. I'm missing the word I'm thinking of but as an approvable criteria for a general concept plan. So just so you can communicate that to them. I know you talked, when you and I and Kate met we talked about that side piece. Councilwoman Jansen: Right. Scott Botcher: It doesn't seem to fit the 6 items in 2517A. Councilwoman Jansen: Well it's going to density and land use, correct? Scott Botcher: But if you have overall and net, you're getting into site planning at that point. A little bit. I mean certainly you can communicate to them. l'm just gMng you a caution at this point. You're starting to=,,et into the details. Mayor Mancino: Into the details. Councilwoman Jansen: Someone asked you a question, because the other thing that arose fi'om our conversation oil Wednesday along these lines was that in order to construct this concept plan the wa), it is, with the town homes on the north side, we will be rezoning the underlying zoning will need to be changed fi'om Iow density to medium density in order to accomplish that, correct Roger? Kate Aanenson: It's not zoned low density right l]OXV. Roger Knutson: That's tile guiding. Tile guiding would be changed. Tile zoning will be changed if this is approved to PUD. That will be the zoning. Kate Aanenson: Right. It's A2. Councilwoman Jansen: Okay, so we change the underlying guiding that now says that it would be single family. Low density. Roger Knutson: You'd change that. Councilwoman Jansen: And we have that as an option as to whether we're changing north of the fi'ontage road? Or not? Kate AallellSOll: Yes. Roger Knutson: Yes. That's within your discretion. 17 City Council Meeting - November 22, 1999 Councilwoman Jansen: Okay. Because I guess that's where I'm going with my thought is if we are going to be changing the guiding on that particular piece of property, we sbouid be maybe considering that now versus just propelling forward into changing the whole northern part of the frontage to medium density. Kate Aanenson: My understanding of the question she asked me earlier was could you leave a strip of low density and my recommendation is through the PUD you can accomplish the same goal by either adding additional landscaping, greater setback or trying to put some units oft~vin homes adjacent to that and we could accomplish it through the PUD. Mayor Mancino: Accomplish that through tile PUD. Councilwoman Jansen: Right. Yeah, and that was where I was going. I wasn't meaning that we would. Kate Aanenson: Yeah, and I understand that that's your concern and Pulte I think is willing to xvork on that. Mayor Mancino: Just go tbrward because I think we can accomplish that in tile PUD. Kate Aancnson: Right. Councilwoman Jansen: l jus! want to make sure that we were communicating that. Kate Aailenson: Yes. Roger Knutson: It's very difficult to draw those lines on a map through a parcel to save the last 100 feet ora large parcel. You can argue about it later where exactly it is. It's better if you do the guiding on a parcel b> parcel basis. The whole parcel one way or tile other, if you cnn. Councilwoman Jansen: Understood. Mayor Mancino: Btlt yot~ cal~. Councilxvoman ,lansen: I think I xvas communicating badly what I was trying to suggest and that's if the residents are concerned about that northern fl'ontage, north of tile fi'ontage road being changed to medium density. If xve're saying xve're going to eucourage or guide, at least the border is to relnain the low density, then maybe we're accomplishing that goal. Roger Knutson: You can accomplish that within the PUD. Mayor Mancino: We can accomplish that in tile PUD. We can talk about he transition. Councilwoman Jansen: Yep. l just wanted to make sure that maybe that was what we were communicating at this point before xve continue to move forxvard with townhomes along the bordering properties. Mayor Mancino: Okay. Any other questions? Or comments. 18 City Council Meeting - November 22, 1999 Councilwoman Jansen: Tile other thing that we did establish on Wednesday, and Roger correct me if I'm saying this wrong, was that it wouldn't hurt to put a condition in here that does reference that we're still following the Highway 5 Corridor Ordinance and the Bluff Creek Ordinance. Roger Knutson: That'd be appropriate if that's what you want. Councilwoman Jansen: Okay. Mayor Mancino: Okay. The last, anything else Linda? Councilwoman Jansen: No. Mayor Mancino: The last thing that I just want to make sure that we do, I want to say this conceptually is that 1 want to have a clear statement when we get to preliminary on hoxv this is helping us meet our LCA goals, And I also xvant to make sure that we don't overload one particular project with affordable housing. That we disperse it as we've looked at all of our other projects, that we do a good dispersion and that we don't concentrate or don't try and make up our goals ill one area. So conceptually you know where l'm going, etc on that. We're not going to put it all in one particular project, and I think we really need to look at that. So that's, and one of mine was the diversity of housing type for different income levels. And there could be more diversity in here. 1 think that everything else is really in the staff report and in the conditions of approval. The only thing that I always keep coming back to is we want to build neighborhoods. We want to build neighborhoods of front porches, not garage scape. We want people out relating to each other. Enjoying the outside. Using the amenity of the wetlands. I'll be quiet now and ask for a motion. ! hope we've ~nade and pulled everything pretty close on what we're looking for. So tile motion again is to consider conceptual, to approve conceptual PUD request roi' mixed housing development, 414 units and we know that may change, consisting of manor homes, court homes, village holnes, and townhomes on 82.8 acres and 3.7 acres of commercial uses. And obviously we've also asked for looking at the twin home concept and how that could make a good transition. Councilman Senn: Is that a motion? Mayor Mancino: So with that, >'es. Okay, so that's tile nlotion. With everfthing else that we've talked about, with the conditions of approval in the October 20"' memorandum that has tile recommendations 1 through 36. Is there a second to tile motion? Councilman Senn: Second. Councilwoman Jansen: May I ask a question on the motion? Is that then also including the condition of the two overlay districts being added to the list of conditions or do those get added when we get farther down the line? Scott Botcher: Do it now if you like. Mayor Mancino: Is that a friendly amendment? Okay, certainly will. Councilwoman Jansen: And I don't know if it would be in the form of a friendly amendment if we're also stipulating the single family residential type units around the borders. Councihnan Engel: I think that may be too detailed. 19 City Council Meeting - November 22, 1999 Scott Botcher: That's not conceptual. Mayor Mancino: That's not conceptual. I mean I think we've kind of talked about transition and twin homes doing. I just talked about that as part of the condition. Councilwoman Jansen: Okay. I just want to make sure that that's clearly communicated. Mayor Mancino: 1 thought I had done that. Okay, I accept your first friendly amendment. Mayor Mancino moved, Councilman Senn seconded to approve the Conceptual Planned Unit Development #99-2 for Arboretum Village and a Comprehensive Land Use Plan Amendment subject to the following conditions: Submit soils report to the Inspections Division. This should be done prior to issuance of any building permits. 2. Submit streets names to the Building Department, for review prior to final plat approval. o The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Prace Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval in conjunction with the final plat submittal. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. The utility systems, upon completion, will be owned and maintained by' the City. Tile private streets shall be constructed to support 7 ton per axle design weight in accordance xvith City Code 20-1118 "design of parking stalls and drive aisles". The private streets shall be located in a strip of property or easement 40 feet wide. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City xvill provide wetland buffer edge signs for tile applicant to install after the utilities have been completed. The applicant shall pay the city $20 per sign. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year storm events and provide ponding calculations for stormxvater quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post-developed stormwater calculations for 100 year storm events and norlnal water level and high water level calculations in existing basins, created basins, and/or creeks. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition, water quality ponding design calculations shall be based on Walker's Pondnet model. Stormwater ponds must have side slopes of 10:1 for the first 10 feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The applicant shall enter into a PUD agreement/development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 20 City Council Meeting - November 22, 1999 11. 12. 13. 14. I5. 16. 17. 18. 19. 20. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Watershed District, Metropolitan Environmental Service Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Minnesota Department of Transportation and comply with their conditions of approval. Fire hydrants shall be incorporated per the Fire Marshal's recommendations. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge fi'om units not adjacent to ponds or wetlands. The appropriate drainage and utility easements shall be dedicated on the final plat for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a minimum of 20 feet wide. Consideration should also be given for access for maintenance of the pondiug areas. The applicant shall incorporate berming into the plans adjacent to West 78~h Street. TH 41 and TH 5 per city code. Additional buffering/screening should also be considered along TH 5 and TH 41 for noise abatement. No berming or landscaping will be alloxved within the right-of-way except landscaping along the fi'ontage road in accordance with the Trunk Highxvay 5 Corridor Study. The lowest floor or opening elevation of all bnildings shall be a minimnm of 2 feet above tile 100 year high water level of adjacent ponds, wetlands or creeks. If importing or exporting material for development site grading is necessary, the applicant will be required to supply tile City with detailed haul routes and traffic control plans for reviexv and approval. The appl cant/property oxvner shall petition tile city for sanitary sewer service. The applicant shall report to tile City Engineer tile location of an>.' drain tiles found during construction and shall relocate or abandon tile drain tile as directed by the City Engineer. Direct access to all lots shall be restricted to the interior streets and not onto West 78th Street, TH 41 and TH 5. Access to the commercial parcel may be limited to a right in/right out along Century Bird and a hill shared access offWest 78th Street with tile parcel to tile east. The exact location of tile access points are subject to City and MnDOT review at time of site plan review. Cross access agreement will be required at tilne of final platting. Site grades adjacent to West 78th Street, Century Blvd, TH 41 and TH 5 shall be compatible with the future widening of Trunk Highway 5 project. Provide a public street and sidewal 'k/trail system south of\Vest 78'h Street which will loop back out to West 78th Street. Sidewal 'k/trails shall also be provided along the public streets no,nth of West 78th Street. Eliminate the trails along the wetland in the easterly portion of the site. Provide tail connections to TH 5 trail and future trail connection to TH 41 between West 78th Street and TH 5. Landscaped median islands may be permitted within the public streets contingent upon tile developer entering into an encroachment agreement with the city and the medians do not pose a traffic safety issue. 21 City Council Meeting - November 22, 1999 21. Future extension of the north/south street is not needed. Shorten street to minimize impacts to wetlands and trees provide cul-de-sac. 22. Each housing area shall become a neighborhood with some distinct characteristics with more specifics on the material being used. 23. Tile co~nmercial development needs to be further defined with neighborhood uses only. This too needs to have materials that are residential in nature. Neighborhood uses are those goods necessary to ~neet daily needs. 24. A road be tied into the two access points oil West 78th Street to give a better sense of order. 25. The applicant shall be required to maintain these preserved areas when tile preliminary plans are sublnitted. 26. Criteria must be established to determine which wetland classification best suits this area before a setback can be established. 27. Preservation of the wood lots on the property. 28. Construction of the iuterior trails as association connectors at tile applicant's expense. 29. Construction of the wetland trail as a comprehensive trail segment with appropriate public easements being granted and trail dedication dollars used for construction. 30. Plans submitted for the manor home and rental Iownhouse totlot prior to approval. 31. The totlot/play area in the cOurt homes be expanded to 2 to 2 ½ acres in size be centrally located and be connected to appropriate pedestrian routes. 32. A more creative approach in dealing with the same or less density south oflhe fi'ontage road but maintaining affordability. 33. A creative approach to the intersection of Highways 5 and 41 in terms of the ponding, aesthetic, attractiveness to tie into the Arboretun~ and the feel of Chanhassen. 34. The Planning Commission is looking for more connec'tivity itl terms of pathways, green spaces, and playground areas in tile plan. 35. More detailed vision of the commercial area. 36. Preparation of Environmental Assessment. 37. Comply xvith tile requirements of the Highway 5 Corridor Study and tile Bluff Creek Overlay District. All voted in favor, except Councilman Labatt who opposed, and tile motion carried ~vith a vote of 4 to 1. 22 City Council Meeting - November 22, 1999 Mayor Mancino: The motion carries 4/5 for the conceptual PUD. APPROVAL OF 2000 CONTRACT FOR POLICE SERVICES. Roger Knutson: ...proposed addendum to the contract for police services which brings us into the transition period of bringing a sergeant on board and the additional services. I believe, ifI remember right it was Option B. If I've got my numbers, option right. And this would effectuate that. And there are two loose ends. Couple inventories that have to be provided, A and B. You can do that one or txvo ways. You can, what I would suggest is actually that to staff's discretion. To fill in those inventories and provide the copies to you. We're in a bit of a hurry to get this done before the first of the year because we want to continue with our policing contract after tile first of the year and so this should be in place. Scott Botcher: Also our expectations to add the performance measures that we've all talked about. We have accumulated a number of performance measures. I think we've met with the County twice now on the performance measures to be added. One of the issues is, and we've talked about this since the sumlner, we don't really have a baseline yet and candidly the baseline that we're going to have to establish is going to be identified through, not 2000 and probably starting in 2001 but by the time we get to 2002 and 2003, you'll have 3'our baseline and performance in Chanhassen measured the way you want it to be measured. Right now we have, we can pull criteria and when Mike Fahey was in the work session we talked about flagging. He has the ability to flag certain citations and certain things that police officers do within a judicial system that ill the past hasn't been flagged and we can then measure those. Measure you know plea bargains, measure whatever happens to those in a more sane manner because as he said, the software that you have right now just simply doesn't track it in a very good fashion. Those performance measures will be brought back to you as a second addendum to this agreement. Beyond, I mean the inventory quite candidly is not that big a deal in the grand scheme of things. We don't have a huge police department where we're trying to get rid of stuff. We've got a couple cars and we've got the list of stuff that I showed you earlier. That's really not a lot of stuff. But the performance measure and Roger will attest to, we've indicated to Bud and to the County representatives is a very, very important issue to the City of Chanhassen. And obviously how you interpret the data that you establish is going to be different from city to city. And xve get on the whole discussion of staffs and everything else but you're all bright people and you all know that staffs can say two things at one time. Roger Knutson: It's virtually impossible to compare numbers fi'om community to community because everyone does it differently. Scott Botcher: Also we think there's probably some benefit, and I think I sent you an e-mail on this. Everybody except roi' Mark. If there are criteria that you look for, or you would like to look for in this command sergeant position, please e-mail those to me. It's thought that certainly we could tap the resources and tile experience of the sergeant in developing, utilizing and interpreting tile data, the performance measure data that we're going to put into the contract so obviously that means, personally I know what that means to me in terms of cognitive ability that I want to see in the individual. But you all may also have some thing that you want to see in the individual in terms of personality traits and experience and that sort of stuff. Roger Knutson: Last item, I have amended paragraph 2 pursuant to our discussion at the work session by adding a sentence that says, 1 can read it. The County shall provide the municipality a month to report on actual contract hours. So if there is any deviation for whatever reason, they provide you a monthly report. You don't get something at the end of the year and say whoops. What a surprise. 23 City Council Meeting - November 22, 1999 Mayor Mancino: Great. Scott Botcher: Also, you know where Bob Z is coming in now to the council meetings. The command sergeant will be the person coming into the council meetings. Councilman Senn: Wouldn't it be nice to move those to work sessions. Scott Botcher: We were just trying it. I mean if you guys want to move it, just let us know. Mayor Mancino: Okay. Ally other questions? Any questions? Any comments? Councilman Labatt: No, the only comment that I'm going to make is that I'm disappointed that...I asked tbr the numbers for 1998 and 99 have not been turned over yet by the Sheriff. I think four weeks is long enough to provide those xvhen he said he had them ah'eady on file so. Scott Botcher: And I xvill call him tomorrow. Mayor Mancino: I'm assuming the work plan and performance measurements will be completed by tile first quarter of 2000? Scott Botcher: Yep, that's our goal. Mayor Mancino: Okay, thanks. Councilman Senn: I'll move approval of the contract with the modification as stipulated by City Attorney and l'll give staffthe atttbority to resolve Exhibit A and B with any equipment which the sherifff's office is not taking to be you know disposed of or whatever and that we, that tile contract leave open tllen future second amendment. Scott Botcher: It doesn't even have to. We'll bring it back. Councihnan Senn: Ah'ight. Okay, but the second alnendment which deals with performance measures xvill be back to the council before March 31,2000. Scott Botcher: That's our goal, yes. Councihnan Senn: That's it. Councilwoman Jansen: Second. Councilman Senn moved, Councihvoman Jansen seconded to approve the 2000 Contract for Police Services as amended by the CiD' Attorney to add the sentence, "The County shall provide the municipality a month to report on actual contract hours.", and directing staff to resolve Exhibits A and B and bringing back to City Council the second amendment which deals with performance measures before March 31, 2000. All voted in favor and the motion carried unanimously. CORRESPONDENCE DISCUSSION. 24 City Council Meeting - November 22, 1999 Mayor Mancino: Any questions on correspondence? Councihnan Senn: I had a couple quick ones. I wanted...there was a letter in here that was attached to our packets on the tax increment financing grant which I wanted to thank and commend staff on. There were 16 applications of which there were 7 awards totally about $1.3 million of which we got $1,147,000 to make up our difference so say job well done. Let's see here. Mayor Mancino: What a great week last week was. I'll tell you. Between that, between the bond rating and just heck of a great week last week. Councihnan Senn: I wanted to, if everybody in the council hasn't, I xvould like you to take a real close look at the monthly activity report from Carver County public works. You will notice the rather apparent lack of Chanhassen projects in most of the list. So you can see where your county tax dollars are going. Sorry, I couldn't resist. Mayor Mancino: He's building up to something tonight. Okay, where's he going. You didn't see the Poxvers Boulevard r,,',p;~ eing? Councilman Senn: l just really want people to pay attention. Scott Botcher: I think this park patrol Lake Minnewashta Regional Park, dogs off' leash. We're in there. That's page number whatever page that is. Mayor Mancino: 1 do want you to know, which scares me to death. I sort of saw tire same thing. Any other comments? Councilman Senn: Hang on one sec. Sorry. Mayor Mancino: And I'm sorry, I did not read tlre definition of sex offender requirement information ),et so. The article on reserves was great. Yeah, theory vs. practice. I thought that was excellent because we were alxvays told not to put a contingency fund together. Anyway. Councilman Senn: I thought ! had one more but I can't find it. Mayor Mancino: Steve, you had some things? Councilman Labatt: No... Councihnan Engel: I have something...that just came up tollight as a result of tiffs neighborhood, north of Pulte. They're confused and I think it's because they've got too many data points to give them information. And I'm not saying we stop contact with them but I am saying we concentrate the contact, especially fi'om an informational and a statistical and a data perspective, to one person. They are thorougllly confl~sed now, They're getting answers fi'om too many people. Let me finish. Kate Aanenson should be that person. She's a professional. We pay her to do that. If they're confused with what Kate has to say, have them bring it to Scott and if it needs to come back to Council, then I think xve should do it. But right now, Kate has clearly stated it's 114 gross acres, 86 or 88 of which is net. I don't see where tile confitsion comes fi'om after that. Where's the other numbers coining from? Mayor Mancino: Well it's always hard when you're at conceptual too. 25 City Couucil Meeting - November 22, 1999 Councihnan Engel: Let's stick to what Kate says. If we've got a problem with that, let's take it up with her and let's focus on her for passing this data out. Scott Botcher: ... internally and those of you, and I know Linda's come in to meet with us and Todd and whatever. When we do a memo on the Pulte stuff, Kate and I do them together and there is sort of single, I know Linda's been utilizing the single source, but I mean another thing you have to realize is that even if we provide a single source of information, once you let it go out there you do lose control a little bit. I mean people are going to interpret it in some ways in ways that they want to. I mean that's just human nature. We all are going to do that. Not just this neighborhood. We all do that. Councilwoman Jausen: And the confusion that Kate is trying to identify here is that there's a discrepancy between Pulte's numbers and staff's numbers and that's where the neighbors are getting coufilsed. That Pulte has one set of numbers in the staff packet in their memo and then Kate has her numbers in there so they're trying to get that discrepancy clarified and that was part of what Kate and Pulte were eveu talking about tonight. Trying to get the 41 and the 30 clarified. Scott Botcher: For purposes tbr...and I guess ifI were you all, I'd, I mean I'm sort of with Mark's that says, Kate is the professional iu this thing. And Pulte, I agree. Pulte's numbers would confuse any neighborhood. Councihnan Engel: Yeah, their numbers don't count as far as l'm concerned. Kate's numbers are what eoullt. Scott Botcher: So I mean I think your point's well taken. I think a number of these folks, Council members and neighbors alike are doing that. But we still have some of that residual confusion out there that's still bouncing around. Councihnan Engel: It would be helpful though to tell them fi'om now on, I mean like you say, Pulte's numbers, and l'm not trying to. I'm not disrespect them. They don't count. Kate's numbers count... Scott Botcher: And l'm trying to communicate xvith some of the key leaders so to speak in the ueighborh0od saying listen, if you need to know something, you need to ask me. No disrespect to anybody else. Call me up. Kate and I will sit down. We're more than happy to hit speaker on lhe phone and talk to you. And I have had leugthy conversations with some of the neighbors. Ill don't know the auswer I go get Kate but I think that's happened, l just thiuk it's tardy. Mayor Mancino: Well and I would just like to add that I do thiuk it will continue to happen and we probably ueed to talk about this a little bit more at a work session. Especially xvhen you have a rezoniug to a PUD so. Scott Botcher: This is for whatever it's xvorth, I know I shared this with Linda... This is a tough .PUD to cut your teeth on as a first really PUD that you do. You know and some of you have more experience than others but this is. You're going to have, as I told Linda, you know you're going to have everything in here that a PUD could possibly probably entail and for all of you, I don't know what experience Mark and Mark and Nancy have, but this is one that's going to have a lot of twists and turns to it. Councilmau Engel: We're months from... 26 City Council Meeting - November 22, 1999 Scott Botcher: And so this, you know. Councilman Senn: The baby's only starting to take form. You're far from birth. Councihnan Engel: We are months. Scott Botcher: You're going to be running this specific plan back and forth, it could be a year. Councilman Engel: I no doubt...before this gets approved. Mayor Mancino: Thank you, the meeting is closed. Scott Botcher: Oh 1 had a couple things, just for what it's worth. NSP. I did talk to NSP. They are going to have Y2K staffing the uight of the 31st, if anybody cares. And they are painting all the high power transmission liues in Eden Prairie and Chan next year. Those blue oues that have paint peeling. ... look out your windows you can see uicely, newly painted poles. It's just something, they asked when I met with them, they said what can we do better? I said paiut your damn poles. They called back and said we're going to paint them uext year in 2000 in Edeu Prairie and Chan. Those blue high tension power poles. Mayor Mancino: On Highway 5. Mayor Mancino adjourned the City Council meeting at 8:05 p.~n. Submitted by Scott Botcher City Manager Prepared by Naun Opheim 27 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 17, 1999 Chairman Joyce called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Matt Burton, LuAnn Sidney, Kevin Joyce, Ladd Conrad, Deb Kind and Alison Blackowiak MEMBERS ABSENT: Craig Peterson STAFF PRESENT: Bob Generous, Senior Planner; and Dave Hempel, Assistant City Engineer PUBLIC HEARING: REQUEST FOR SUBDIVISION APPROVAL TO CREATE TWO LOTS ON A 1.47 ACRE LAKESHORE PARCEL ZONED RSF~ AND LOCATED AT 6665 HORSESHOE CURVE~ SANDY POINT~ JOHN AND SANDRA CUNNINGHAM. Public Present: Name Address Christa & Nicholas Vassallo Sandra & John Cunningham Ray Brozovich 7018 Cheyem~e Trail 6665 Horseshoe Curve 6609 Horseshoe Curve Bob Generous presented the staff report on this item. Joyce: Any questions for Bob at this time? Conrad: Chairman, just one. subdivision ordinance Bob? neighborhood? The recommendation for the asphalt drive. Is that a function of the What's our standard for this type of development and this type of Hempel: Mr. Chairman, maybe I can address that. Any new urban development within the urban service area we require a hard surface driveway to access the residence. In this neighborhood there is a mixture of gravel driveways and paved driveways. We felt that it should be brought up to current ordinance standards with paved driveways. Conrad: Let me take on, there's one tree that goes over. It's a very big tree so the question in my mind is, and I know the Forester's been there. What's more positive for the survival of that tree? As I looked at it, I'm not sure runoff is an'issue there but I think survival of the tree is, is one surface. The question is, is one surface a gravel versus asphalt better for that tree? Are we hurting it by putting asphalt over it because it is a huge, huge tree. What's our best guess on something like that? Planning Commission Meeting - November 17, 1999 Hempel: I'd have to defer that to the forester to answer but I would think construction traffic alone building a new home in there would be the most detrimental to the tree. Long term versus asphalt versus gravel. Generous: Mr. Chairman, I did discuss this with Jill as part of our review and she said that she didn't anticipate that the installation of the driveway would kill the tree. We think that it's, as long, provided we can get the tree protection fencing up and keep the construction activity off the critical root zone, a majority of that should survive. Conrad: Mr. Chairman, just one more on this one. So what did they do during construction that keeps that tree alive? Keep it Off the root system? Keep heavy stuff. Hempel: Exactly. We require the tree protection fencing around it so that's what. Conrad: Okay. Joyce: Any other questions for staff?. Kind: Yes Mr. Chairman. Bob, on condition 17 you talk about no shoreline vegetation removal will be allowed for access or a view to Lotus Lake. But our shorelahd ordinance, management ordinance does allow for removal of some vegetation to create a view and also for access like stairs or lifts, that sort of thing. Could you speak to that a little bit? Generous: That specific language would preclude any of that. Kind: And the reasons are? Generous: Well they felt again the Forester reviewed this. She believed that they had sufficient ability to access the lake without taking that out and views are not an issue. They have views to either side. Kind: I guess my question would be getting down, like if they had a boat down at the lake. How do they get down there without having stairs? You need to clear some vegetation to get stairs or a path or something like that. Would this preclude that? Generous: Preclude putting in the stairway, yes. If any vegetation had to be cleared. Kind: And vegetation includes scrub brushy? Generous: Any vegetation. Kind: Vegetation is vegetation. Planning Commission Meeting - November 17, 1999 Generous: Understory and trees. I think the primary concern is for the overstory trees but the way it's currently written it would include the understory stuff. The brush. Kind: It seems reasonable to me that they should be able to get access to the shore. I'll wait to hear from the applicant on that. That's all for now. Joyce: Any other questions at this time for staff?. I just have one Bob. Recommendation number 9, or condition number 9. Is a recommendation obviously. How strongly are we, the City looking at that? I just think that they have a pad there that they're just trying to lower a house and even jockeying it 5 feet here or there, you know it's, you don't have that much room. Generous: Well there is a little bit of ability to shift it towards the northeast. We're not sure how much additional preservation. Our main concern was the tree preservation along the property line. And looking at this I'm not sure we're going to get a lot of it. The applicant has discussed this with me and his intention is to revegetate that area. Joyce: So maybe we should wait for that. I just thought I'd bring that up. But so we're saying that the driveway is part of the City Code Dave, but the condition 9 is kind of just best of all world type of situation. Generous: Make sure they look at it. There's no real teeth in the way it's written. Joyce: Okay. Then at this time if the applicant would like to address the Planning Commission at this time, please step forward and state your name and address. John Cunningham: My name is John Cunningham. I live at 6665 Horseshoe Curve. The other applicant is my wife Sandra. We have lived, we bought this lot in 1968 so we've lived there quite a while. We're very happy living there. At a certain point we decided that maybe we needed a different house for our present needs and our first idea was if it would be possible to split the lot we could satisfy both situations. Found the old plot that the prior owner had left us and we went into City Hall and we first met with Cindy and she was extremely helpful and she's the one that showed us how to use the cross access and the easement to get to the back part of the lot because the lot, as you can see, it's a triangular shaped lot. It doesn't break itself into two... It's much easier to do it on the way it shows on there. And about this same time om' daughter decided perhaps she would buy our house so the whole thing began to fall together for us. We hired Scholl and Madsen to do a survey and at this point they made a mistaken and they thought it would be a simple metes and bounds situation which of course didn't prove to be the situation. We also began to have meetings with Bob Generous and he was most helpful in showing us how the property lines could change angles so that the houses would have their own, totally their own view. Turning like this... And that also was very positive for us that we could do that because we really do not want to impact the lot any more than we absolutely had to. And obviously putting a house there is going to change things but we wanted to keep that to a very minimum. We talked to him about the various setbacks that are required and we've satisfied all those. About this time the survey had a meeting with the City Hall and suddenly the survey cost tripled and Sanra and I became developers, which was okay. We met again with Bob to check about the Planning Commission Meeting - November 17, 1999 positions and the setbacks and everything looked okay so we went ahead with the complex survey and we turned our materials in by the deadline and got the staff report last Friday. Generally things looked fine to us. They asked us to raise the house a half foot which we already did. We called the Schoell and Madsen and told them to put that into position. The request to consider moving the house 10 feet north is a little more of a problem to us. We had considered it over the last 6 months we've probably considered every possible angle and position in that triangle because it is rather limiting and we really feel that clearly this to be the best position for the house for several reasons. It keeps the house most completely out of the sight lines of the existing house. Pulls it back as far as it can go and we think the best situation for the two houses existing on the same, in the same area. In terms of moving the house 10 feet north, the second reason why we think it's a bad idea is if you take 10 feet away from that triangle, that building triangle, you really cut down the amount of space in the house. The amount of potential space in the house. The shape that you see up there is a 1,600 to 1,700 square foot house with a two car garage. There's not room for a three car garage and a screened porch. Our intent is to create a walkout basement for future bedroom space for families that would come along after us. This is not a big house and the reduction of 10 feet times the building triangle creates a much more difficult building pad. The building pad does come to a point and when you take that 10 feet away it really comes to a point very short, in a very short period of distance. The idea of...from the east creates a new set of angles. It doesn't really pick up much and an odd shape like that is difficult to design around. And the other thing that happens when you move the plan to the north is it leaves room on the east end almost only for a garage. There's not, we have it the way the plan is set up now, and I can show that to you in a minute. We have a garage and a front entry on that side so when you drive in from the road you come up to the garage and then there's a nice front entry and we think it's really very nicely designed. When you start moving it you run out of space to put that front entry on the same end as the garage. Now reacting to the reason of moving to minimize impacts to existing vegetation. There are two trees which I'll mention in a moment. The only other existing vegetation on our side is a hedge and that particular hedge was there when we moved in. It's an important hedge to us and as I'm sure it's an important hedge to the neighbor and we certainly would plan to keep it. It provides cover in the summer and should it be damaged in construction I would certainly replace it. I don't see any problem with it's roots because I don't think it has that big of a root area. There were some significant maples mentioned in the report. I couldn't find those. Maybe something was mismarked or something but looking at the trees in the house area, starting at the east end. This tree right here, these are oaks and they're pretty good sized oaks. They're about 20 feet from the corner of the garage and this is a slab garage here. Across from these. At any rate, there's 20 feet there and I'm hoping probably enough space. There is a dutch elm here. I don't know how it survived the dutch elm disease but it did. It's growing underneath the canopy. There's a number of trees on the other side of the property line that really, that I propose to take that tree out which is about a 9 inch. Then if you move here there's a fir tree. It too has problems because it gets no light from the south side so there's no branches whatsoever on the south side of it and I don't see much problem in taking it out. Other than that the surveyor...maple tree that's right in here. I can't, I disagree with it and my aim is to try to do the garage turn around to save that tree. If we can't we'll take it out. But other than that we don't intend to take out any other trees and don't think we have to. I share the same concern as others do about this place where the road goes between these trees. Obviously we're going to try to save that oak...whatever is required to protect it. I Planning Commission Meeting - November 17, 1999 would assume that...building phase that that driveway would be gravel. So like I say, we're just going to do the best we can to save that tree. Well then the existing vegetation that was there along here is pretty well scrub vegetation. It's stuff that has come up by itself through the years.. That end of our yard has never really been a place where we've tried to grow anything specific. We just let it be the way it was. We could get some hostas and some ferns to grow in there but that's about it because there's a lot of oak trees back in here that form, that shade that area so our intent is to, and we went over it with Halla Nursery. Once we picked out, once we get the construction part done here we propose to put in here a bunch of plantings that tolerate shade and we have a planting design that we thought. At any rate, we've done some planting to go along here. That includes the existing trees that...believe will stay there. Obviously we would replace anything damaged or caused problem by the construction. There is that one maple that we certainly would lose in the driveway area that I'm going to try to save if we move the house. That would be a goner. There are 27 hardwoods on the lot. You don't see all of them on that plan because a lot of them didn't impact the canopy and they're offdown on the point. So we're only taking two possibly three trees out. I thought that was a pretty good placement of the house on the lot in terms of the trees. For these reasons I believe after doing and ask for consideration, the best situation because of the house position, superior design possibilities and improvement in vegetation, is to have the house positioned which satisfies all city requirements as it was originally presented. I would echo the concern about the crushed rock driveway. I know I'm in a minority but I believe a crushed rock driveway that is kept up is a more natural looking surface than pavement or cement. I have on a number of occasions observed my driveway during storms. It soaks up most rain and then gully washes, the drainage crosses at the low point. This driveway has been through two 100 year rains, which I don't know if you people were all here when we had those but we had two 100 year rains. I don't, this isn't a big deal to me and I'll pave the driveway. The new driveway will even have less slope than my present one. I suspect sometimes it has more to do with people neglecting the upkeep on crushed rock. It needs to be surfaced every once in a while with new rocks and weeds kept out of it. I'll just show you maybe quickly the exterior of the house. This would be the front that you would see from the road as you're coming in. We tried very hard to make that side of the house attractive but also, this was what I was talking about. If you took 10 feet away from here, that would... I thank you for your consideration and I can answer any questions that I'm capable of answering I guess. Joyce: Commission have any questions for the applicant? Thank you. Kind: Mr. Chairman, I do. Mr. Cunningham, sorry. I do have a question for you. On condition number 17, you did not speak to that as far as access to the lake. Would you like to be able to get down there? John Cunningham: I think I understand what, I can, the main thing I think with... Kind: That's what I heard Bob say. Generous: You mean clear vegetation. John Cunningham: No, I wouldn't intend to clear it. Planning Commission Meeting - November 17, 1999 Kind: Even scrub vegetation. John Cunningham: .. oI just assume, as far as I was concerned, I never...but I just assumed that I would be able to access the lake. Kind: So you're okay with condition 17 the way it reads? Sandra Cunningham: If we're able to access the lake. John Cunningham: I mean you're not telling us we can't go down to the lake? Joyce: No, ! don't think that's the letter of the law. No. Johll Cunningham: ... Kind: Thank you. Joyce: Okay, this is open for a public hearing. Could I have a motion and a second to open it up? Blackowiak moved, Kind seconded to open the public hearing. The public hearing was opened. Joyce: This item's open for public hearing. If anyone would like to address the Planning Commission on this subject, please step forward and state your name and address. Seeing none, may I have a motion to close the public hearing. Burton moved, Sidney seconded to close the public hearing. The public hearing was closed. Joyce: Anybody just jump right in. Commission, anyone like to tackle this and give us their insight on it? Deb. Kind: Sure Mr. Chairman. I went out and looked at the site today and I was very glad that I did because on paper it looks goofy but when you're there it looks like a very reasonable thing to do and it's a beautiful site and I think it's a nice project. It was fun to see the elevations. I think it's going to be really attractive. Condition number 9, talking about the 10 feet. Moving the property. Or moving the house 10 feet. I don't see that that's necessary. I like it where it is. I think it provides the best view for both homes and replacing that vegetation, if it's destroyed will be sufficient. Were there any other issues? And as long as they're okay with condition 17 on the shoreland access, I'm fine with the plan and agree with the staff report. Joyce: Thank you. Alison. Planning Commission Meeting - November 17, 1999 Blackowiak: Yeah, I pretty much agree with what Deb said. My only comments are going to be regarding condition 15. And this is the driveway. I don't know if I've been convinced that it needs to be an asphalt or concrete driveway. As is it looks nice. There are several other rock driveways in the neighborhood and I think it's consistent with the neighborhood as,a rock driveway. I however don't feel the need to necessarily take this condition out but I would maybe say to council look carefully at that because I don't see that it absolutely has to be. I mean not from an engineering standpoint. Not from a public safety standpoint. So I'm not convinced that it needs to be paved. Then just one little comment about condition 15. It's worded the driveway on both lots. We just have to stick a number 1 in there. But that's it. Otherwise I agree with what Deb has said and it's, I think it's nicely done. Joyce: Ladd any comments? Conrad: Nothing new. I think there should be better definition to condition 17. It looks like it's just sitting there and doesn't, ! don't know what it applies to. I'd be real uncomfortable ifI were the Cunninghams and I think, yeah you don't want to. It just, it's too vague and they do have access. They do have property. 'They have no intention of removing any of the vegetation down there but it just is one of those real bad statements that I don't know how I would change it. You know we do want to say that the vegetation on the point shouldn't be taken down. I think that's what staff is saying and there's some clear, there are some significant trees down there but, and they happen to be on the shoreline but that's not their intent so I don't know. I guess I, without even making a motion on that one. I think staff just should be better, a little bit clearer on what their intent is. I'd leave it in but I'd certainly get some clarification on that. The other points I think, Deb's point I think on taking the first half. I don't think the pad should be moved. It will hurt some other things and I would like to make their vegetation plan a part of the conditions. We do have a way of mitigating any minor changes they're making to their side yard setback so I think that should be a part of the conditions. Kind: Number 16 speaks to that. Is that adequate? Conrad: Well see that's a preservation and removal plan. Preservation Bob, is that the re, does that also mean the revegetation or? Generous: Could be. Conrad: Okay. Well if you interpret it that way I'm comfortable that we could stick a word in there that talks about. I think that's good. It's good for the neighbors to see that they're doing something. Making that side of the house attractive, which it is already. Joyce: Thank you. Sidney: It looks straight forward. I appreciate the thoroughness of the staff report. I think we do need to about that last condition maybe. That our verbiage, with the help of staff. I do appreciate the applicant's thoroughness too in working with staff. That's great, It looks like a good plan. I am in favor of modifying condition 9 to remove that shifting of the house 10 feet. 7 Planning Commission Meeting - November 17, 1999 Burton: I agree with basically all the comments. I'd remove 9 and 17 doesn't particularly trouble me because of the way this property is set up but I was thinking that, I guess this is kind of a question for everybody here. Could we add something to the end of that to the effect that in the case of a hardship for a proposed reasonable use which is consistent with the neighborhood, the City could approve removal of vegetation or something like that so there's an opening if needed? I don't know if we even need to do that. Just a thought but something along those lines. Joyce: Okay. I agree with everything that's been said. I don't think we need condition number 9. If condition 15, if that is part of the code that the driveway has to be paved, fine. I'd have to agree with everyone else. I think the driveway as it is is fine. Also I think that's what the neighborhood looks like and a lot crushed rock driveways there so I don't see why they have to put a paved driveway in there. Leave that up to City Council to decide on that one. ! have to agree with condition 17. I think what we're talking about is significant foliage, vegetation type of thing. Get down to the.., not the letter of the law so if someone can brilliantly come up with some motion, condition there to get this through, that would be wonderful so with that said, can we get a motion here. Kind: I'll make a motion Mr. Chair. I move the Planning Commission recommends approval of the preliminary plat for subdivision #99-11 creating two lots for Sandy Point Addition as shown on plans prepared by, I don't know how you say that. Schoell & Madsen, Inc. dated October 15, 1999 subject to the following conditions 1 through 18 with number 9 changed to read, the walkout elevation of the dwelling should be raised a minimum of ½ foot to provide positive drainage from the home. Away from the home. Number 16. Change to read, the applicant shall submit tree preservation and landscape, let's see. Tree preservation, removal plans and landscaping plans to the City prior to City Council approval of the final plat. And number 17 change to read, shoreline vegetation removal must comply with shoreland management ordinances. Conrad: I'd second. Joyce: Any discussion? Conrad: The only thing I'd like to do as a footnote, and it doesn't need to be part of the staff report but I'd really like staff to revisit the asphalt driveway. And maybe I'd buy our ordinance. The direction it's going but in this case I'm not sure. It may be the common portion of these two lots that have asphalt and maybe the Cunningham's done want that, but consider that. Obviously we're leaving it in so that's what you're stuck with. Staff doesn't have to move one iota on that if we leave it in. But to have the common portion...that's going inland a little bit or into the property a little bit to have that rock. But that's just a footnote. That's not an addendum or that's not a change to condition 15. 15 is there and it's probably something that you should talk to City Council about. Kind moved, Conrad seconded that the Planning Commission recommends approval of the preliminary plat for Subdivision #99-11 creating two lots for Sandy Point Addition as Planning Commission Meeting - November 17, 1999 shown on plans prepared by Schoell & Madsen, Inc., dated October 15, 1999, subject to the following conditions: The principal structure on Lot 1, Block 1 must maintain a 76 foot setback from the normal water elevation (896.3). In lieu of parkland dedication the developer shall pay full park and trail fees for Lot 1, Block 1 to the city pursuant to city ordinance. 3. Access easement width must be 30 feet. Because of the distance and the setbacks for the proposed building, additional address signs will be required at the driveway entrance in compliance with Chanhassen Fire Department Policy #29-1992 regarding premise identification. (Copy enclosed). Contact Chanhassen Fire Marshal for proposed address identification at the driveway entrance. A demolition permit must be obtained to demolish the existing detached garage and gazebo. Both of these structures must be removed. 6. The water service serving the new home on Lot 1 cannot pass through the garage. The water service line must be sized based on the available water pressure and the amount of plumbing fixtures in the building. o The address for the existing home on Lot 2 will have to be changed to 6669 Horseshoe Curve and the new home on Lot 1 will be addressed 6665 Horseshoe Curve. The applicant must contact the appropriate agencies to coordinate this change. The walkout elevation of the dwelling should be raised a minimum of 0.5 feet to provide positive drainage away from the home. 10. A detailed grading, drainage, erosion control and tree removal plan will be required at time of buiding permit application for city staff to review and approve. 11. Drainage swales must be installed and maintained along both sides of any house proposed on Lot 1 to manage runoff from the front yard to the back yard and maintain the neighborhood drainage pattern. Erosion control measures will be required on the building permit certificate of survey. Erosion control fencing shall be installed on the downstream side of the grading limits. A rock construction entrance shall also be required at Horseshoe Curve. 12. The developer and staff shall work together in determining a path for the sanitary sewer service which creates the least disruption to existing vegetation. The water service shall be extended by the City at the developer's cost from Horseshoe Curve to the easterly property line of Lot 2. The developer will be responsible for extending the water service through Planning Commission Meeting - November 17, 1999 Lot 1 to Lot 2. The developer shall escrow with the City $2,500 to guarantee the cost of water service extension across Horseshoe Curve. Lot 1, Block 1 will be responsible for a sanitary sewer and water hookup fee and connection charges at time of building permit application. The cost of extending the water service across Horseshoe Curve shall be deducted from the watermain connection charge. 13. The final plat shall dedicate an additional 10 feet of street right-of-way for Horseshoe Curve along with the standard 10 foot front and rear and 5 foot side yard drainage and utility easements. In addition, a 20 foot wide utility and drainage easement shall be dedicated over the existing sanitary sewer line that runs through the westerly portion of Lots 1 and 2. 14. The developer shall be responsible for all City Attorney fees associated with the review and recording of the final plat documents, Surface Water Management fees, and GIS fees pursuant to City Ordinance. These fees are due at time of final plat recording. 15. According to City Code, driveways within the urban service area shall be paved with an all weather surface such as asphalt or concrete. The driveways on both Lots 1 and 2, Block 1 shall be paved with either bituminous or concrete. The common portion of the driveway must be twenty feet wide pavement width with a seven ton design. 16. The applicant shall submit tree preservation and removal plans and landscape plans to the city prior to City Council approval of the final plat. 17. Shoreline vegetation removal must comply with shoreland management ordinances. 18. Tree preservation fence will be required to be installed at the edge of the proposed grading limits. All voted in favor and the motion carried unanimously. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A PARCEL INTO 2 SINGLE FAMILY LOTS OF 20~134 SQ. FT. AND 19~591 SQ. FT. LOCATED SOUTHWEST OF THE INTERSECTION OF POWERS BOULEVARD AND HOLLY LANE~ ARROWHEAD ADDITION~ ARROWHEAD DEVELOPMENT. Public Present: Name Address Michael Spiess Michael Abbott Robert M. Bowen 470 Flying Cloud Drive 1281 Medina Road, Long Lake 6275 Powers Blvd. 10 Planning Commission Meeting - November 17, 1999 Tad Ware Joyce Hagedorn Robert Rabe Frank & Florence Natole 1225 Lilac Lane 630 Carver Beach Road 6307 Teton Lane 6251 Teton Lane Bob Generous presented the staff report on this item. Joyce: Are there any questions for staff at this time? Blackowiak: Mr. Chair I have two quick questions. I think the first one will be to Dave. I'm assuming that Carver County gave their blessing on the driveway location. Hempel: At this point I have not heard back from them on this revised plan. The initial plan they did have concern when the driveway was located further to the north on the property. Because o£the sight line distance plus the driveway was off set from Holly Lane and I believe it's Willow Creek, private street directly across from this lot. What we did is looked at it. Adjusted it to the south to a line across from Willow Creek and improve the sight lines for the driveway access point. We believe Carver County would concur with the location. Blackowiak: All right, good. And Bob I just have kind of a general question. Often times we have a tree replacement conditions. I've seen in other contracts ot other conditions that we require the trees to be guaranteed. Do we ever do that with straight residential subdivisions or what? Generous: Yes. What we do is part of, it's in the ordinance so we don't have to incorporate it as part of any conditions of approval. That they will guarantee them for two years. Basically it works out too. They can either do that through a letter of credit or a cash escrow to the City. Blackowiak: Okay and so that, like that doesn't have to be a condition or anything? Generous: No, because that's part of our city ordinance. Blackowiak: Good, all right. Thank you. All right, thank you. Joyce: Any other questions for staffat this time? All right, if we can get the applicant up here to address the Planning Commission. Please state your name and address. Mike Abbott: I'm Mike Abbott. My address is 1282 Medina Road in Long Lake. We had gone kind of round and round on how we wanted to divide this up and I think what we've ended up with now. As Bob mentioned, actually it was kind of funny. I took over trying to do something with this property somebody else in our company had started. We were intentionally, our initial idea meant that the driveway was really long and it went to the north and the reason we did that was that the slope on that hill, on that lot is really steep. I think what we've got now, we had our surveyor out there looking at it and I think we can do a 10% grade on that. I don't think it will be any steeper than that. I mean we don't want it to be coming down where the two driveways 11 Planning Commission Meeting - November 17, 1999 merge together and they come down onto Powers Boulevard. You know you don't want it to have, my driveway at my house is very much that way where you either take a running start to get up or you go really slow coming down in the winter so. I think the plan we have now I independently of even meeting Bob drew a plan that was very, very close to that so when I went in the day I met him he sort of said well come on in. I want to show you something that I would recommend and same thing that I had so I think the plan accommodates what we want to do as well as what you want to do. We will be planting trees. That's one of the things that, we don't do a lot of developments but the ones that we do we do try to keep you know the environment as much the same as it was, if not improved. We're a very small company but everybody in our company as well, we have plant probably a thousand trees a year. We have trees stockpiled on lane that we own that we'll make it look nice. I think for one I think it will also, from our own selfish point of view, it would be nice to have some pine trees along that front road anyway just so that the people don't hear the noise as much and that the view from the people coming out of Willow Creek or Holly Lane still have a nice view. I mean that's a nice piece of property, but it's also a piece of residential property that somebody could put one or two homes on so. I don't know if, maybe just go through the conditions here and see if there's. There aren't many variances and I think it pretty much meets the conditions here. That's really all. I don't think there's anything else here that really needs talking about. I think what we've done is something that will work so if you have any questions I'll be glad to answer them for you. Joyce: Any questions for the applicant at this point? Mike Abbott: Okay, thanks. Joyce: Can I get a motion and a second to open it up for public hearing please. Conrad moved, Sidney seconded to open the public hearing. The public hearing was opened. Joyce: Okay, this is open for a public hearing. If you'd like to address the Planning Commission on this item, please step forward and state your name and address. Robert M. Bowen: My name is Robert M. Bowen. I reside at 6275 Powers Boulevard and I wish to make a few comments with respect to these procedures. The zoning ordinances of Chanhassen were established for a reason. I think. The area, in our opinion, is unsafe and unsuitable for two homes. And the aesthetics of Chanhassen's entrance and property value in the neighborhood will likely drop precedent and a slippery slope. The zoning ordinances of Chanhassen were established for a reason. And presumably to preserve our pleasant suburban community. Attract commerce, it will help Chanhassen grow and support the tax base and preserve homeowners property values. Ignoring the ordinances for the proposed project will undermine all of these purposes. Therefore the zoning ordinance should be forced uniformily. There are unsafe and unsiteable sites for two homes. Highway 17. The reason these two points where the staff referred you to is that Highway 17 is a dangerous road, and if you don't believe it come on down and see it. The proposed site is a steep hill and sees a great deal of drainage. Highway 17. She's a stinker. She's a fast road. Entering cars, especially along this stretch out there near the 12 Planning Commission Meeting - November 17, 1999 proposed home is at a risk of accidents with the traffic. Because the traffic is much, is often much faster than the posted 45 mph. They're still coming over in excess of 50 mph out here to the astonishment of us all. Particularly since they built a thing that's called, not a highway but a religious item. The thing that was being fed in here all summer long. That little area on the side. A trail. We had big trail business. The 45 mph doesn't mean a damn. You and I know you've been out on that highway where 50 was ignored, and that's right in the community. Within two miles here you can go from 50. That's the term we use for 55, 56 and worse. South, til you get down to where the two homes are proposed to be made, and then it drops to 30. It's crazy. Because traffic is often much faster than the posted, Posted miles per miles. They don't even have it even posted at that. Excelsior sets up speed traps just beyond Lilac Lane on Highway 17 for a reason. The site is not suitable for one home, let alone two for reasons of drainage and the creek about the property and noise from the highway. Come on down and spend a night trying to get to sleep when these things are screaming through there. I've heard many a night and sometimes occasionally a crash. It's a mad house out there and as you must all well know, just recently they ordered a 25 mph speed off to the south line off the south shore of Christmas Lake. This site has been for sale for decades for a reason. No one wishing to build a home for his or her family would choose it. There is no small coincidence that a corporation intent on hit and run profits is the party to propose this development. With respect to that sale for decades for a reason, is that nay father fought these same problems back prior to '43. Aesthetics of Chanhassen's entrance. Currently the entrance is attractive. These houses will marr that. The trees planted on the hills are going to be gone. It's going to be stripped down. And you and I know it. All you have to do is get out here a few miles and what this town does has been trying to preserve something but we will go through, it will go. Two structures constructed according to the standards necessary to cram them into land the size of a postage stamp on a steep hill will not live up to the standards of other homes in the neighborhood. The inconsistency would damge those homeowners' interest. And bending the rules for this chase will set a dangerous precedent for all and anyone to side step zoning ordinances. Do you have any questions? Joyce: No sir. Thank you very much for coming. Would anyone else like to address the Planning Commission on this topic? Robert Rabe: Robert Rabe and I live on Teton Lane, which is just to the west of this property. And I guess just a couple questions. Is it true, just to confirm, that this is at variance with the ordinances for the zoning? Joyce: Bob, could you answer that question? Generous: As originallly proposed it was but based on the revisions it complies with city ordinance. Robert Rabe: And what were the sizes of the lots when it was originally proposed? Generous: They were the 23,719 and 16,010. 13 Planning Commission Meeting - November 17, 1999 Robert Rabe: Okay. And so by basically manipulating the lines it has been possible to fit two lots in this space and just squeeze over the zoning limit basically. Is this how it? Generous: No, they're substantially above it. 15,000 square feet is the minimum lot size in the zoning district. So they're both about 5,000 square feet over. Robert Rabe: Okay. I understand. I tend to concur with Bowen's comments. I guess I would like to ask what is the benefit to the community of having two houses on this lot? What is the purpose derived from that? It's a very noisey place due to the traffic. It's a busy road. It's a steep grade. To me it's very reasonable that, as Mr. Bowen stated, that there could be a serious problem of traffic entering onto basically what's a fast road at that point. And as a property owner basically adjacent to this, I am highly concerned that the trees that are currently blocking the view of Mill Street might be all cut down and I don't believe we have any control over that. And I really, I haven't heard anything addressed with regard to that topic specifically. And I don't personally have a lot of confidence that the views of the neighbors are going to be respected. In my experience with developments of this type it's basically get the most dollars out of the property that you can possibly get out and I think this is a case in point. So the developer will be long gone. I mean they'll put the house in and you know what, how long? Maybe a few months it takes to turn the property around after it's completed. Sell it for whatever price perhaps they can get. Hopefully more than they would have gotten for one nice house on the property. And then they're gone and out and we're left with it. Basically forever so, while it may comply with the zoning ordinances, I can't deny that, I do feel that it is contrary to the nature of the neighborhood and is basically inconsistent with the overall intent of the community and I would propose that it not be allowed to be granted just because it happens to comply with some facts on a page. At the very least I would like to know what is going to happen to the screen of trees around the homes and particularly to the west where right now it's quite a nice, thick stand. I would like to know what actions are being taken to preserve that. And also I think the risk of accidents on Mill Street is a very great one and a very serious one. I would like to know specifically what is being done to guarantee that there wouldn't be a problem here so with that. Joyce: Thank you very much. Bob I'm going to, I need to intrude on the public hearing here but I did have a question for you, for the staff and I apologize. Do we take a tree inventory here of when this development, will there be a tree inventory when they do the tree removal? Generous: Part of their building permit application they have that requirement. Grading and drainage and tree removal specific for the site. We did a canopy coverage calculation as part of this subdivision. Joyce: What kind of, would you happen to know what kind of trees are in there? Are they substantial trees like oaks and elms and things like that or is it more of a scrubby type of tree? Generous: Yes they were. There is a nice stand of conifers on the northern portion of this site. And that's the area that we're trying to preserve in its entirety. But it was ironwood. Maybe some basswood in there. Some, there weren't many large trees. It was like regrowing a meadow area. 14 Planning Commission Meeting - November 17, 1999 Joyce: How do those, how do we go from this preliminary plat to the moving site where we find out what trees are actually being moved? Do you go over that with the applicant once they put the, I want the process here. So everybody knows what's going on. Generous: As part of this application they need to provide the City with a landscaping plan for the installation of 17 trees that are required as part of the subdivision. Joyce: Why wasn't it part of that? Why weren't we requiring it now on this preliminary plat? At least the landscaping plan. Generous: Well I think initially they didn't feel that it was such a small plat that they didn't have that much to provide. So the applicant is, and that is something we believe that we can work with. Our major concern in designing this was trying to preserve as much of the site as we could. And we were able to almost double the area of tree preservation based on the revised plans. Then from that we take the, we can tell them the quantity and then work with them on the specific landscaping plan. Then as part of the site grading for the building permit we'll look at specific protection measures of trees in the area. Of the building pads to see if there's additional trees that can and will be preserved as part of the plat. Joyce: All right, thanks for. Yes ma'am. Sorry to. Florence Natole: ...picture that I could show. Okay, I'm Florence Natole, 6251 Teton Lane. And we are the only two lots that are in back so when they take the trees down, our lot is going to be like this. They're worrying about trees. They're plum trees a lot of them. They're not big, beautiful trees. They've been there since we've been there, 37 years. I used to reach over our fence to pick the plums. I asked this of Bob when I talked to him on the phone. I was a little hot under the collar that day. Some days I get like that. But I said what's going to happen to our land which goes up like this and then this goes down like that. They take all the trees and build a house, where's our land going to be? Up in the air with nothing? Is there going to be anything, I haven't heard a word. Is there going to be anything about making a 45 degree angle or whatever they talk about, which they did Lorus when Centex put in those houses. They had that as a stipulation that they couldn't leave him with the hill so everything ran down. So our land is right there where the land is. That's what I was trying to say. It's, we're the Natoles and our land runs right to there. The two trees, the two biggest trees we have, my husband put some white ties on so we can see from there. Yeah, that's us. Right where this land is that they'll propose the two houses. So you're talking about some trees. I'm not worrying about the trees. I'm worrying about what's going to happen to our land when it's up in the air and we want to sell maybe and somebody wants to build a house back there. Then what do they do? Joyce: Could I have Bob maybe address that for you right now? Since we're at it. Florence Natole: Well I've already talked to him once about this. Generous: She didn't like my answer. 15 Planning Commission Meeting - November 17, 1999 Florence Natole: No, I don't like your answer. Joyce: Help us all then. Is there a retaining wall right there as well? Is that what we're talking there? Hempel: Mr. Chairman maybe I can address that° Joyce: There we go. I knew someone could help us here. Hempel: The plans before you this evening show approximately a 3 to 1 side slope from the property line down to the driveway. There's also a small retaining wall proposed by the garage on this particular type of home site that they're proposing. Now one of the things that staff said in the staff report was, this is just one way to develop the property. Another home builder may come in and design another home style that reconfigures the footprint and that's where we go and we say to them, okay show us a detailed grading, drainage and erosion control plan, tree removal plan and show us how you're going to maintain that slope so it doesn't just slide off and leave you with a cliff. Florence Natole: Yeah, up in the air. Hempel: Those are things that we address at time of building permit application. Florence Natole: Okay. This then, right now you don't have anything covering that at this particular time? Hempel: Well there are ordinances in place that protect you from that. They want to use a retaining wall, there are certain requirements. They have to be engineered. Safety requirements to put a fence above them if they're over 4 or 6 feet high... Florence Natole: It's going to be. It's quite a high one. I've always dreamed of having a house up on that upper acre there because you can see a lot farther than from where we are. So it's a beautiful spot as far as we're concerned. But what's it going to look like after that's gone? Well., for now I guess that's my big objection. Tad Ware: My name is Tad Ware. I reside at 1225 Lilac Lane. The points that my grandfather brought up came up at dinner on Sunday with my father who owns the property immediately north of the Natole's and also abuts that hill. Exactly that one right there. And the four major concerns that came out, the first was the, what we felt was lack of compliance with the zoning ordinances. Are those all complied with now? Including setback from the, okay. The second thing that we were worried about was, as Mrs. Natole mentioned, the erosion of the hill. There is a great deal of water that travels through that land. Both the...that feed into Christmas Lake travel down that hill. There's a big ditch that runs along that property and carries a lot of water for that reason and our concern is that it's going to not only, with the grading that I'm sure is going to have to happen to flatten that out in order to build two structures there. At least to my 16 Planning Commission Meeting - November 17, 1999 uneducated guess, cause some sort of erosion if it's not very carefully done. Our third concern was Highway 17 now traveling into Chanhassen is something that we're pretty proud of. It's a very beautiful strip of road. Mr. Bowen has built a bunch of evergreens along there before the new trail that was put in. Went in and it's a very nice strip that goes into Chanhassen and we're worried about what putting two houses in is going to do to the appearance of the neighborhood. Also, the property's been up for sale for a couple of decades. Every since I was a little kid and I'm pushing 30 and it's a very steep piece of land and...doing around 40 or 50 and is frequently doing much faster. There's a reason why the Excelsior police set up right past Lilac Lane and make out a lot of money on people coming out of Chanhassen. And our concern is partly that folks traveling through there are going to be placed in greater danger just because more people are going to be coming out onto that county road. And also that, what was the other point I was going to get to? Sorry, I get nervous public speaking. I think that was about it. But those were the concerns that we had and if they could be addressed more to our satisfaction that our property values aren't going to drop and the hill isn't going to erode and cause damage to the land that we own, it would...our fears. Thanks. Joyce Hagedorn: ...45 Holly Lane and it butts up to your property Mr. Bowen. And our garage has collapsed twice. Kind: Could you tell us your name and address please? Thank you. Joyce Hagedorn: I'm Joyce Hagedorn at 630 Carver Beach Road but we also have a house at 8145 Holly Lane. And the garage has collapsed twice and if there's going to be more erosion, more water coming down our property we are going to lose our garage again for the third time. I have never complained to the Chanhassen Village for it but this is a big concern. We had Mr. Kerber come and try to re-support our garage and rebuild it again but every time there was a huge rainfall, this water comes down. Now the City has done an excellent job of putting some rip rap along Holly Lane but up on Willow Creek there's no, and it comes down Willow Creek and into my garage. There's going to be more runoff. I'm going to lose my property so I'm very concerned and I just wanted to bring this concern before... Joyce: Thank you very much for. Anybody else. Can I have a motion to close the public hearing? Kind moved, Sidney seconded to close the public hearing. The public hearing was closed. Joyce: Okay commissioners. Blackowiak: Mr. Chair, may I ask for clarification from Bob before we start? Joyce: Sure. Blackowiak: As I was sitting here playing with my little scale of 30 feet here, I was reading through the conditions and it talks about the front yard setback on Lot 1. It's condition 15. Which is the lot line that you are considering the front lot line? 17 Planning Commission Meeting - November 17, 1999 Generous: It would be the side line. Property line closest to the county road. Where the driveway would be. Blackowiak: Okay, so not the one that's most north of south? It's the diagonal... ? Generous: It becomes side lot lines... Blackowiak: So as I look at the 30 feet, it appears that the garage is encroaching into that 30 foot setback. So what are we seeing here? Are we seeing an actual plan or would any garage encroach into it or not? Generous: That's part of the reason we're requesting that they provide the individual grading, drainage and erosion control plans because these are stylized house plans. We don't believe this is what's actually going to go on the site. They would have to comply with the setback requirements. That's another reason I put it in the conditions so it's very specific. Blackowiak: Good. Great, that helps. Thank you. Joyce: Okay. Did you want to continue on Alison? Blackowiak: Certainly. As I first read this, on paper it looks like a fairly straight forward subdivision. However as I've driven by this property many times. Have in-laws that live up in Excelsior so I drive this road a lot and I do know that it is kind of a tough road. I know the traffic moves quickly. And I also see Excelsior police making their money on people both going to and leaving Excelsior because there are lots of people that are stopped there on a regular basis. I do think traffic is a main concern. It's access is directly onto 17 is less than ideal. I don't know that it could really be any other way unfortunately. But short of a right-in, right-out, something like that, if there are going to be houses there, they need to have access. Although it might not be the best thing to do, you got to get there. I do have some questions or problems I guess with the erosion specifically. It is such a hilly lot. I think there are going to be a lot of potential erosion problems. Not only on the lots themselves but the lots directly to the west. And also potentially onto the highway. I worry what's going to happen onto the highway after maybe a rain. Are we going to get mud slides or something coming down onto the highway because we're losing dirt off the property? I don't know. One of the people...pointed water flow to Christmas Lake and that's something that concerns me. If you have streams going through the property, any time you start changing directions of streams and water flow you're going to have, there are potentially huge problems. And I would like to find out a little bit more about where the streams are. How they are impacted by the proposed houses and would hope that as city council looks at this they could get some answers onto, as to what the situation is with the runoff patterns now. Where the streams are and how this is going to impact this entire parcel. Obviously this is a very tough one. I can see why it has been for sale for a lot of years because it won't be easy to build on it but I do want to be sure that the neighbors are protected in terms of erosion specifically, both uphill and downhill from this project. And I think those are my major concerns. It's not as straight forward as I thought it was. I don't have any problems with any of the other conditions as long as all the 18 Planning Commission Meeting - November 17, 1999 setbacks are met. Not much we can do as a Planning Commission if ordinances are met. But we can put conditions in and we can make comments to try to make it the best possible subdivision I hope that we can work something out. Kind: Mr. Chairman, I have a couple questions for Bob. I wonder if you can address some of the questions that were brought up by the public. Mr. Bowen commented several times on, he felt the lot was too small for two homes and I heard you say quietly and I just want to make sure it's for the record that our minimum lot size is 15,000 square feet and these both exceed that. Generous: That's correct. They're almost 20,000 square feet each. Kind: So they're on the large side of our standard lot size. And then I noticed there's no condition in here talking about tree conservation. Is that something that we could put in as a condition? That there be tree conservation lines, especially along the west. Generous: You can put any condition you like in there. Kind: I might. Generous: We believe with the revision to the plan we were able to save the northern triangle. That would be an appropriate place for it. It becomes a little more problematic on the west side of the property near the house pads because they don't know if they're going to put the retaining wall in or go with the 3 to 1 slope which is a standard grading...so we didn't want to restrict it too much. We knew it's a difficult site. Kind: Okay, thank you. Hempel: Maybe I can add to that. The northerly half of the site you're basically couldn't build anything in there becauase of the setback requirements so you certainly could place a tree conservation easement over that but I guess there's no way to build in that area so we felt it would be preserved for the most part. Kind: Thank you. With that Mr. Chairman I'll make my comments. I agree with what Alison said and my main concern is the aesthetics of the site be maintained and especially the view from the people to the west. So I'd like to see some sort of, I don't know. Tree conservation plan or inventory of the significant trees be made and efforts be made to preserve those. I understand, I like how it's been creatively laid out so that the northern portion is basically left undisturbed and I understand your point about it. It kind of goes without saying but it seems important to point that out that all those trees on the north halfI guess of the lot will not be changed. And there will be no grading or anything happening in that really severe, steep area. The driveway entrance is a big concern also. You've got to be able to get into these houses somehow. IfI had my way I would say this lot shouldn't be developed at all until all of those larger parcels are developed and they all be developed at the same time but I don't get my way on that. So with that being said you know this lot is a residential lot and there's two homes that can fit on there within our ordinances, it's got to have a way out to the street and the County needs to approve that so if they 19 Planning Commission Meeting - November 17, 1999 approve it, which is, it's in their hands I guess, we can go with that. My favorite place to get sweet corn is at Kerber's which is that next right turn when you head south and ! know I've been almost rear ended making that turn. This drive is even before that so I would be very nervous about living there. Very nervous but I won't be buying it. So you'll be the one rear ending the person making the right turn. It is. ! agree. Okay. Joyce: Great. Keep the comments at the commission level here because it's our turn now. Ladd, do you have anything else to add? Conrad: Well they're all valid questions but it is, it's a buildable lot. Legally. Yeah there's nothing to add. My big concern is the erosion and the tree replacement. To make it fit in, and we've talked about that. I think the conditions reflect the control we have. The conditions reflect the control we have on this. Before I stop my comments let me ask Dave a question on retaining walls. Is that's what's going to be? Is that what you would guess would happen on the steep slope? Hempel: I would envision some retaining walls on the westerly side of the Lot 1. Conrad: How big? Hempel: I would suspect to try to keep them in the 4 to 6 foot range. As you get higher than that they get very expensive. They have to be engineered. A fence for safety issues. Conrad: And so our rules will manage, what manage retaining wall height other than you? You do that. In terms of safety, what's the control we have on safety when you have a 6 foot retaining wall and maybe children on the other side. What guidelines do you follow Dave? Hempel: I believe there are some building codes to protect residents from that. We've also instilled a policy here, any time you're adjacent to a property like that, a residential use, that we would require a fence be placed on top of a retaining wall. Anything above 4 foot 9. Conrad: Thank you. Bob, your tree replacement plan has 17 trees. A minimum of 4 trees must be conifers. We don't know where those 17 are going, do we? We don't. Generous: We're requesting that they provide us with that plan prior to council approval. Conrad: Is that as stiff a tree replacement plan as we can put in right now? Generous: Yes. Conrad: That's what ordinance tells us to do. Okay. Mike Abbott: Could I address that now? Joyce: No, we're done now. You can address that at city council level. 20 Planning Commission Meeting ~ November 17, 1999 Conrad: I'm sure this will be replayed at City Council so. A minimum of 4 so what sets that minimum? Our ordinance again, a minimum of 4 was that staff's? Generous: Well no, that was staff's recommendations. 20% have to be conifers. Com'ad: I'm just getting into the small points. I think the residents would like to know some of the details and the details aren't available yet. They're just not there. The ordinances are there and you almost have to say trust the ordinances. We've gone through this before but you've got to sort of follow the process through. I think we all know what the issues are and I think staff is now hearing us express what the issues are, and they're pretty good at following through on this. Nothing else. Joyce: Thank you Ladd. Matt. Burton: I agree with all the comments prior really for a change. And what I understand is going on is they're not really asking to build any particular houses. They're asking that this single lot be divided into two lots and with these proposed lines and they've met the requirements that we have for doing that. The staff did work with them pretty diligently it appears to preserve the site the best as possible. And because they've met the standards, I think our hands are pretty tied and the details about where the driveway could be or retaining walls and all that and the grading, that's all ! think for the next step that we're not at. I understand the concerns of the neighbors and I respect the concerns but what we're essentially faced with is a drawing of a property line and they've met the standards. I don't think that we have much flexibility at this point in how we handle it. I think we have to approve it. Sidney: I agree with the previous comments. I am concerned with the drainage issues. I think that's...it does sound like there may be a bit more than originally outlined in the staff report. Also I am concerned about the safety issue for a driveway entrance. That Carver County will review that and things will work out...At first glance it seemed to be a straight forward subdivision. I think those issues...subdivision meets ordinances. Joyce: I don't have much else to add. This is a sensitive piece of property. But it is a buildable piece of property and what you're telling me it's been considered a buildable piece of property for a long time so now they've decided to act on that and I think it's within reason. I would like to make one comment though for consideration is that we put some sort of condition or at least acknowledgement that we don't approve this proposal until the County can verify the access location. An acceptable access location. I didn't see that in the conditions. Condition 11 says that the applicant will be responsible obtaining, complying with necessary permits such as Carver County, MPCA, etc, etc. I'd like to kind of highlight, if someone would be willing to do that, that there definitely has to be concurrence with the County that the access location is acceptable. I think that's kind of important and still puts some of the onus on the County to decide whether it's a safe entrance for this development or not. So, with that said do I have a motion? 21 Planning Commission Meeting - November 17, 1999 Blackowiak: I'll make a motion. I move that the Planning Commission recommends approval of the preliminary plat for Arrowhead Addition, Subdivision #99-10 creating two lots as shown on plans prepared by Advance Surveying and Engineering Company dated June 24, 1999, revised October 26, 1999, subject to the following conditions 1 through 15. And I've got a few of my own to add. Number 16. Explore the possibility of a tree conservation easement for the northern triangle of the property. Number 17. Investigate potential erosion, drainage and water flow problems for the parcel. And number 18. Condition of approval being concurrence with the County for an acceptable driveway location. Joyce: Is there a second on that motion? Kind: Second. Joyce: Got a motion and a second. Is there any discussion? Kind: One question Alison. Would you be okay with a friendly amendment? I think it was 16 of your's that included a detailed plan of tree inventory. Blackowiak: Bob, do we need that or is that part of our ordinance? Did you say it was part of our ordinance, tree inventory? Generous: As part of the specific plan, yes. They have to provide that. 'You can repeat it here if you want to. Kind: Just to emphasize how important we think it is. Here's my proposed number 16. Let me know what you think here. The applicant provide a detailed plan of tree inventory and tree conservation easement, especially along the western and norther portions of the parcel. Blackowiak: I can live with that. Joyce: Okay. We have the amendment to number 16. You accept that? Okay. Any other discussion? Blackowiak moved, Kind seconded that the Planning Commission recommends approval of the preliminary plat for Arrowhead Addition, Subdivision #99-10 creating two lots as shown on plans prepared by Advance Surveying and Engineering Company dated June 24, 1999, revised October 26, 1999, subject to the following conditions: The development shall pay full park and trail fees pursuant to city ordinance in lieu of park land dedication. If any soil corrections are done on the property a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. 22 Planning Commission Meeting - November 17, 1999 o 4 o 10. 11. 12. Address numbers must be posted at the driveway entrance on Powers Boulevard and on each dwelling. Each property must be served by independent sewer and water services. It may be possible to provide an easement for a joint service, however a manhole structure would be required at the service split. The applicant shall submit landscape plan as part of the final plat approval showing a total of 17 trees to be planted as part of this development. A minimum of four of the trees must be conifers that shall be located along Powers Boulevard. Conifers shall average seven feet in height at planting. The balance of the trees may be from the city's approved tree list. Trees shall meet minimum size requirements. A detailed grading, drainage and erosion control, tree removal plan will be required for each lot at time of building permit application for city staff to review. The applicant will be required to enter into a development contract with the City and provide the necessary financial security to guarantee installation of the public improvements and conditions of final plat approval. The applicant shall dedicate the southeasterly 50 feet of Outlot A for public street purposes for Holly Lane. The applicant shall prepare and have recorded a 20 foot wide private drainage and utility easement in favor of Lot 1 over Lot 2 to extend sewer and water service to Lot 1. In addition, the developer shall prepare and have recorded a 30 foot wide private driveway easement agreement across Lot 2 to provide access to Lot 1 from Powers Boulevard. The driveway width shall be a minimum of 18 feet wide and a maximum of 24 feet wide in the common portion of the driveway area. Individual driveways may be a minimum of 12 feet wide and a maximum of 24 feet wide. All driveway areas shall be paved with an all weather surface such as bituminous or concrete. The applicant shall prepare detailed construction plans and specifications in accordance with the City's Standard Specifications and Detail Plates for the extension of sewer and water service to service Lots 1 and 2. Detailed construction plans and specifications shall be submitted to city staff for review and approval three weeks prior to final plat consideration. The applicant shall be responsible for obtaining and complying with the necessary permits such as Carver County Highway Department, MPCA, Watershed District, and Minnesota Department of Health. Lots 1 and 2 shall be responsible for a sanitary sewer and water hookup charge at time of building permit application at the rate in effect at the time. 23 Planning Commission Meeting - November 17, 1999 13. SWMP fees shall be paid to the city in the amount of $2,530 ($782 quality and $1,802 quantity) prior to the recording of the final plat. 14. The applicant shall dedicate to the city a drainage and utility easement over Outlot A. 15. Since Lot 1 does not front on a public street, the front yard shall be considered the lot line closest to Powers Boulevard. The required 30 foot front ym'd setback shall be maintained fi'om this lot line. 16. The applicant provide a detailed plan of tree inventory and tree conservation easement, especially along the western and norther portions of the parcel. 17. Investigate potential erosion, drainage and water flow problems for the parcel. 18. Condition of approval being concurrence with the County for an acceptable driveway location. All voted in favor and the motion carried unanimously. Joyce: Okay, this will pass onto the City Council on December 13th. Thank you all for coming. Appreciate your comments and coming out this evening. Audience: I have a question. How can we be made apprised of the situation because... Joyce: Okay, what I suggest you do is call Mr. Generous over here, who will be very happy to walk you through any further questions you have. And you've got, like I said, the 13th of December is when this comes before the City Council which will make the binding decision on this. And I'll just say to everybody that the City is pretty good about answering questions and being accomodating to sort of problems you have so please stop in. Bob Generous, Kate Aanenson, happy to talk to you. Dave Hempel too. OLD BUSINESS. Generous: ...received additional financing through the Met Council so we believe that project will go forward now? Kind: Apartments? I missed the first part. Generous: So we've been working with them and the Minnesota Housing Finance Agency to find additional funding sources beyond the City of Chanhassen. So it looks like it's a go now. Or should be a go. Joyce: Was it the bicycle shop that's starting to take shape? Generous: That building and Building 4 is going up. The swim school is in for construction. 24 Planning Commission Meeting -November 17, 1999 Burton: Bob, I can't recall, is the bike shop all a bike shop in that building or wasn't there some other space too? Generous: There's a little juice bar area that they're going to have in the window on the patio side. And then they have their office space of course up on the top. NEW BUSINESS. Joyce: New business? Generous: Yes. Next meeting you will have two variances. What everyone likes to hear but at least you can make final decisions on those .... apartments, that's on hold. That's the ones as part of the Lake Susan Hills development. Yeah, we're working with the applicant to revise the plans. So rather than do like we did tonight, we have one set of information and then have to change it all. We're going to come up with a. Kind: Where are these located? Generous: Lake Drive West, inbetween Powers and just off of Powers on the south side. APPROVAL OF MINUTES: Deb Kind noted the Minutes of the Planning Commission meeting dated October 20, 1999 as presented. ONGOING ITEMS. Generous: As part of the Pulte Home development, that's up for reconsideration at Council. The original p~oposal failed on a 3 to 2 motion and so, then one of the people on the 2 side has requested it be reconsidered. These are answers that Kate prepared for the residents comments that were made at the meeting. And so she just asked that I bring these down so you are apprised of what's going on with that. At least in the discussion on that. Conrad: Why does the City, you know that was brought to us as a sketch plan review. And I haven't made an issue of this but why is City Council reviewing this, because it was a sketch plan review? Why wasn't it brought back to us? After the. Kind: To noodle it kind of. Conrad: Absolutely. The sketch plan, and we'd better talk about this sometime when Kate's back and we have everybody here but the sketch plan review is a very informal process where you get input from everybody. And then it's up to the developer to come back and do what they think is right based on the informal comments. What was presented to us was very formal from Kate. Very detailed. Very specific with conditions and I've not seen that before. I made mention of it that night but what the little bit of interest to me right now is how involved the City 25 Planning Commission Meeting - November 17, 1999 is at this point in time. Maybe saving the developer some money. But I want to understand the process because I don't understand it right now. Generous: Mr. Chairman, the big issue at the council level were the land use issues. Is this the appropriate land uses for that so that was part of their discussion. Conrad: And that's valid, yeah. It's always been valid. Generous: And then the question also became what's the advantage of the PUD and that's part of what Kate's trying to explain in those comments that there is a lot more control through that process rather than they could come in with a straight subdivision and use like an R-4 zoning and go with twin homes or RSF and do a standard subdivision on portions and we'd lose some of the preservation and common open spaces. Joyce: Okay. Ongoing item. Generous: Pulte. Joyce: And we've had some open discussion? Conrad: That was it. Joyce: Motion to adjourn. Kind moved, Conrad seconded to adjourn the Planning Commission meeting. The meeting was adjourned at 8:30 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 26 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING NOVEMBER 23, 1999 Chairwoman Lash called the meeting to order at 7:35 p.m. MEMBERS PRESENT: Jan Lash, Fred Berg, Mike Howe, Jay Karlovich, Rod Franks and David Moes MEMBERS ABSENT: Jim Manders STAFF PRESENT: Jerry Ruegemer, Recreation Superintendent VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Howe moved, Karlovich seconded to approve the Minutes of the Park and Recreation Commission meeting dated October 26, 1999 as presented. All voted in favor and the motion carried unanimously. REQUEST FOR PUBLIC GATHERING PERMIT~ WATER SKIING TOURNAMENT AT LAKE SUSAN PARK. Jerry Ruegemer presented the staff report on this item. Lash: Thanks Jerry. Are there commissioners who have questions for Jerry before we open it up? Berg: Maybe later. Lash: I think we'd like to hear first from the applicant and then we'll open it up to the residents who are here. Joe Mueller: Well thanks for having us here this evening. This will be our fourth year here in Chanhassen and before we came Pam pulled up 13 family members that are participate in the INT throughout the State that live here in Chanhassen and we've read some letters here and concerns of activities that have happened in last year's tournament and it's unfortunate that we have to read letters like this and it's not brought forward to Pam or myself that there were these incidents that happened. I participate not only in INT but Minnesota Water Ski Association, Barefoot International. We have 20 tournaments throughout the state and quite frankly I haven't come up against this before. Especially with boat owners. Usually they're in support of family gatherings like this but obviously we have some things to go through with a few of these incidences that happened. I actually was on a radio with a couple of them and we've been out of town for a week but we actually wanted to have quite a few of our members here to come up and speak that happen to be in the boats. But I guess you guys might have some questions for us but Park and Rec Commission Meeting - November 23, 1999 it's, Lake Susan, we like this. I mean we've got a dealership in Excelsior and we've always like the city of Chanhassen and Susan because it's close to home. And we have a lot of members in this area. Most of our tournaments are on lakes the same size as Lake Susan. As a matter of fact the only one I think that we've run throughout the whole state, whether it be INT, Minnesota Waterski Association or Barefoot is Madden's and that's one of our INT's on Gull Lake which is a very open lake and it's very difficult to run a tournament on it but all the other lakes are 200 acres and less that we've run tournaments. Whether it be INT or MWSA. For years. For the past 30 years. I've been at this 15 years and this is the first time I've ever been confronted by boat owners that have petitioned you know against us so I haven't had a chance to talk with these boat owners which I would love to. I would have loved to have talked to these customers, or not customers. They actually could be our customers, during the tournament. If they could have come over and confronted Pam, our State coordinator on it instead of coming here tonight and reading these letters so. Berg: Excuse my naivet& Big tournament? Lots of people? Pam Mueller: We average about a hundred people but that's both days. So it's probably about 50/50. Berg: This is maybe a stupid question, tell me if it is. Could the tournament be held on a Tuesday and Wednesday? Or during the week. Pam Mueller: No because it happens all day. I mean...all day and afternoon and you know I've got a lot of volunteers who help us out and they all work during the week. You know so weekends are really the only time that we can do it. We're not locked into doing it the 8th and 9th of July. I mean you know we're flexible as far as, you know honestly the tournament last year was a nightmare for me too. I mean we spent the whole time with people going up and down, which ! understand they're lake owners. I appreciate that but they truly set out to make it miserable for us too. I mean it's, they did. You could tell and I know at one point Jerry was there and he saw, they were going, I mean we went up to them and asked them and said you know, we tried to work with them numerous times and saying you know, take turns. Can we, because what happened was the tournament ended up going a whole lot longer than it should have because we had to give re-rides to people because they kept going up and down with the IO which caused huge wakes. I don't expect them not to be on the lake. They have every right to be on the lake, but I guess I felt like we could maybe work with each other and I felt like they just felt there was no way that they wanted to work with us. As far as not letting people go on the landing, I know there's no way we kept people from going in the landing because there's people going all day into the landing. And I'm right there at the computer right by the landing so I, you know that adds to being harassed. I know that a couple times we did go up and ask if there was something we could do. If we could work with them. You know to try to, you know because we wanted to be done too. I mean I want my tournament to be done. I don't want it to go on until, you know into the evening either. 2 Park and Rec Commission Meeting - November 23, 1999 Berg: Is there, I haven't talked to anybody from the neighborhood. Is there anyway to work out a compromise to find a weekend that maybe would be less objectionable than one right in the middle of the summer? Let's brainstorm. Pam Mueller: Well yeah. I mean I'm willing to, you know definitely willing to work with them. Berg: My next question, and maybe it's in here. I didn't see it someplace. What's left of the lake when you're out there having your tournament? What's left for anyone else ifI want to take my little boat out there. Is it practical that I can even do that? Joe Mueller: Well I would say that you've got at least 180-200 feet off of the lakeshore of the, where's that. What side is that Jerry? The far side of the lake. That would be the south side of the lake. The unfortunate thing, and whether it be an INT tournament or an AWSA sanctioned tournament, is you know water movement is critical and especially slalom skiing. And so normally what we do at 1NT, or AWSA, if there's a conflict on the lake, we normally approach that conflict and try to work it out with that particular family or homeowner. Even whether. Berg: So a conflict is somebody, for example just with their pontoon going around or? Joe Mueller: No, not at all. I would say with like a larger IO that's got 2-3 inner tubes behind it and it's just constantly running around. It causes rollers and it's just a non-stop action. Where our tournament is just up, go through a course and drop. This action would be just circular motion which is constantly stirring up the water and throwing it into the shore. Most the time we can work with that. And it seemed that the few people that were out there that weren't willing to work with us. As a matter of fact it was right off the bat in the morning. I happened to be on the radio. There was a gentleman in an inboard, and this is what's hard for me to believe, is an inboard ski boat and we had the course set in ready for the tournament to start and the gentleman came over and asked if he could run the course and of course we want to get the tournament started so we can finish and we have a life too to go home to, and it was told that he wanted to run through it. And if he wasn't able to, he'd make the rest of the day miserable for us so we allowed him to go through the course, not wanting to have any hassles. It was told to him that the reason we don't let people go through it is because insurance reasons and also we don't want the course torn up because it takes time to repair it. So we let the person run through it. He did pull up a few buoys. Took a little bit more time to get it back together but we allowed that to happen because we didn't want a conflict. And he was right. He didn't come back the rest of the day. He was perfectly happy with that run and he went back to his home and that was the end of that. So we're willing to work with dates. The thing we I guess aren't willing to work with is you know if we've got residents on the lake that aren't willing to have it, I mean we want to work with those residents. We don't want to have a, we don't want to have a conflict out there. It isn't worth our effort, which is a lot of time to have a tournament out there if it is going to be ruined. Pam Mueller: Well plus expense. I mean I do pay $250 a day you know, and I mean it was a nightmare last year and so I guess you know, I mean if they truly, absolutely don't want us there Park and Rec Commission Meeting - November 23, 1999 then I guess you know, I don't want to fight because if we go out there and they make it miserable for 'us, then it's not going to be any fun either so. Berg: It sounds a little bit like you've got a PR problem too. I mean if I'm a casual boater and I'm out there doing it and maybe Fm upsetting you for whatever but if someone in your tournament flipped me the bird, I'm going to be pretty upset too. Pam Mueller: I'm not aware of any. Berg: And you can't be responsible for that either. Joe Mueller: And to be honest with you, we are aware and we've talked to quite a few people but you know there are 100, you know 50 some odd people in this tournament and you know we can't be responsible. Para Mueller: The only thing I can think of is that maybe it was one of the competitors that was trying to make a mark and you know Was getting the rollers. I mean that's all I can think of and I mean I can't, I mean I can certainly have a meeting with them before and talk to them and you know, we didn't know what we were going to be up against that so it was hard to have a meeting with my competitors before that when I didn't know that that's what I was up against. You know I know for a fact that none of my staff did it. Of my volunteers. I mean one of my volunteers is here and I know he talked to him too and I'd like him to talk. Joe Mueller: Actually Joe is our safety director. Pam Mueller: Yeah, he's responsible for making sure that everything is running safely. I mean if it happened, I'm truly sorry. The only thing I can think of is it would be one of the competitors who was upset because his run was, you know and obviously that's, you're right. That's something that we need to address before hand but in that tournament last year I didn't know that that was something that I was going to have to address. Berg: Just one other question. Would you be willing to, I think I know the answer to this. Have you, or would you be willing to sit down with the people that are concerned and try to work something out? Joe Mueller: Definitely. Berg: Some sort of compromise. Joe Mueller: That's in our best interest. Pam Mueller: Right. You know the thing about Chanhassen is that, I mean we live in Chaska and it's nice for us to be close to home. We have a lot of people that we know that come to the tournament and watch and like I said, I mean I've got a list of 13 you know people that are members oflNT that live in Chanhassen. You know we promote family fun. I mean that's, we Park and Rec Commission Meeting - November 23, 1999 have families who come out and you know, I know a lot of us have teenagers and to me that's why I'm in it. I've got teenagers and when you're growing up, there's a lot of things they don't want to do with you. My kids are there every weekend with me, helping me and Joe run the tournaments and it's, I mean it's...and that's why I do it. I don't compete. I do it because I think it's important that teenagers have an outlet where they can go and have good, clean fun. Joe Mueller: You know the exciting thing about it, as I'm looking through these 13 names that Pam printed out on her mailing list, is we've got Ryan Andrus. Ryan and Janice is his mother. Andrus made it to the US Championships and they came down to South Carolina with us. He's a wake boarder. We've got Steve and Jens Smithtoon. If you're watching Channel 11 the other night. Jens had been skiing on Christmas for like 130 some odd days. They both made it to the US Championships. It was just a phenomenal. If everybody in this room could have been at the championships and see 850 competitors and see families get together and spend their vacations. That's what this is all about so of course we're willing to work with any individuals and dates, whatever it might take. And if it's not meant to be, then ! guess it's not meant to be you know in Chanhassen but if we can do something to work it out we will. Lash: Okay, thanks. Is there anyone else who has a question? Okay. Moes: One is the timing. You go 8:30 to 4:00 on Saturday and 9:30 to 4:00 on Sunday. Is that straight through or do you take breaks in-between there? It's pretty much consistent competition throughout. Pam Mueller: Right. Joe Mueller: And there are times we could quit at 2:30. It depends on if we have to do re-rides. I mean it can be done as early as 2:00-2:30. It depends on how many competitors sign up. Pam Mueller: Yeah, I mean actually last year, like I said the reason it took us a little bit longer was because we did have to do a lot of re-rides because of the waves and, you know we do, I mean we can go and then wait a few. I felt like we could have worked with each other last year and made it work and still have gotten done. Howe: How late did it go last year? Pam Mueller: I want to say probably 3:30-4:00. But we could have been done, because competitor wise you know...more crucial. I mean Sunday with the wake-boarders, the waves aren't that big of an issue because actually the bigger the, you know they like the big wake but the slalom skiing is where, on Saturday where it was more of an issue and that was the day that it ended up going longer because of the re-rides. Lash: Do you guys post signs or how do people, are people aware that this is going on? Outside people who are coming. Park and Rec Commission Meeting - November 23, 1999 Para Mueller: Yes, and actually Chanhassen Bank is one of our sponsors. Kevin McShane actually sponsors the title to it. We have event guys that go out so they're mailed all over and then we put up posters. You know the pro shops and the boat shops have posters that are up and you know and promoting it and then also at the boat show then we hand out the fliers with the schedules because we actually have the people that will follow throughout the tournaments because you accumulate points through the season and then whoever's in first place goes onto the championship which is people from all over the United States. Lash: How about at the park? So ifI showed up at the park I would know that there's some kind ofa. Pam Mueller: Yes. Oh yeah. We have banners. We put up a whole bunch of banners and we have you know, with 1NT, yeah so they do. But that's again, I mean we've had people come and picnic right with us that you know, I mean it's, we don't turn anybody away. You know I mean, and actually 9 times out of 10 they'll sit there and watch it anyway because it's fun to watch. Lash: Okay. Okay we'll open it up to the residents who are here tonight. Al Klingelhutz: Good evening. Park and Rec Chair and members. I'm A1 Klingelhutz and I live at 8600 Great Plains Boulevard. On the south shore of Lake Susan. You know the first year when this tournament took place it didn't seem like much. There probably was 40 or 50 people on the north shore of Lake Susan. Maybe 10 or 12 or 15 competitive boats out there. The next year it got a little bigger and last year it was really large. They said 100 people but I'm willing to wager at any one time there probably was 150 people standing on the shore. I've been pretty open about park space. I was involved in Lake Ann Park. ! was involved in Bandimere Park. I was very involved in letting a public approach come onto Lake Susan. I really think the lakes should be made available to a lot of the residents of Chanhassen. We lakeshore owners on the lake pay probably 1/3 higher taxes because we are on the lake, and probably any of you that live on a lake know that your taxes are somewhat higher. You get assessed by the front footage. I think the thing that concerns me more than anything is the fact that last year prior to the tournament, at least 6 weeks prior to the tournament, from 5:00 to dark they had their buoys out there and were practicing at least 4 or 5 nights a week. It isn't only a two day tournament. It's a practice tournament where people come that they know they're going to be on Lake Susan. They come there. They set out their buoys, just like they are for the tournament, and they continuously go back and forth. It isn't only one boat. Five boats one night last week was out, or last spring. I was out with my pontoon and they came awful close to my shore and I yelled at one of them and he said, hey I've got just as much right on this lake as you have. I said yes you have but I says, it seems odd that you should be out here every night practicing and not letting any of the residents on Lake Susan have a quiet evening on the lake so they can fish. Now when you've got a pontoon and you get these waves from these big boats, I've got two anchors on it and they're pretty heavy and yes, I can hold it where I want to hold it on the lake. It's just, the waves just kind of keep of rolling along. And that is my biggest concern. Lake Susan is a 90 acre lake. DNR spent quite a lot of money sealing the bottom on it. You get these big boats on there constantly and they keep stirring it up. In the morning you go down there the water's pretty clear. You can see the bottom of the lake in 3, 4, 5 feet of water. But you go down there at 8:30 at Park and Rec Commission Meeting - November 23, 1999 night after all these speed boats are on there, you don't see the bottom of the lake in a foot of water. Now you can't tell me that boats don't turn up the lake. It has a big effect, especially on a small lake like Lake Susan. It wasn't only when the lake was down, which it is right now. But last summer we had a lot of high water on the lake. In fact it was up onto the lakeshore. And these boats were out there within 150 feet of the lakeshore going with their big boats back and forth. On their ski run. They go through the run. Come back and there was a lot of wave action. A lot of good black soil from the shoreline went directly into the lake. I can't quite see what happened, especially last year, with all the practice. They didn't even stop after the tournament. They continued to come after the tournament and use that lake and it was just the prime time when people were home from work that the residents themselves use the lake. To me it's putting much too heavy a burden on the lake the size of Lake Susan. Thank you. If you have any questions, I'd like to try to answer them for you. Lash: Thanks Al. Any questions for Al? Franks: Al, what's the most important negative about the tournament to you? A1 Klingelhutz: Well I think the most important negative is the practice runs that are done 6 weeks prior to the tournament, pretty near every night. And the people on the lake who would like to enjoy the lake a little bit, and some of the Chanhassen residents who come out there to fish would like to go out there and fish, it's very disturbing to see all those waves rocking your pontoon or boat around. If the tournament only was the one or two days, I don't think you'd have many objections but the length of the time and people want to win tournaments. And they know it's going to be held on Lake Susan. What do the people that play ball? They go and practice every night of the week. Or a basketball team. The kid goes 3, 4 nights a week to practice basketball. It's the same thing with this tournament. They're out there with their boats, they set up their buoys and practice and there isn't only 2 boats on the lake, there's 4 or 5 on the lake at the same time. So that's one of my biggest concerns. Thank you. Lash: 1 guess I'd be, I'd like to kind of hook on Rod's question. I mean do you really feel that if the tournament wasn't there that all of a sudden all the skiers and slalom people would just not come to Lake Susan anymore? A1 Klingelhutz: Well, it seemed that after the tournament started there is when we really got the slalom skiers on the lake. I think they like the lake because there's high banks all the way around it. There isn't too many waves around the take. Even if it's windy out. The lake is a pretty protected lake from the wind and I understand that's one of the things that the skiers on these slalom courses really like. The quiet lake. And Lake Susan is a fairly quiet lake until the boats get on it and then they provide a lot of wake. I put some rock on my lakeshore and they didn't have quite enough and last week one day I hauled in some rock. My son hauled some in from the field again. I figure well I'm going to finish this little area here. And actually the shoreline had receded over 2 feet from where I had placed the rocks and where they weren't. So you know we've got some problems with wakes on Lake Susan too. Moes: What I'm hearing is that skiers...are setting up a system. Park and Rec Commission Meeting - November 23, 1999 A1 Klingelhutz: Very few boats are ever out there with buoys on a lake doing the slalom course or whatever they call it, but every year since the tournament started, they're coming out earlier and earlier and more and more to practice on Lake Susan so that they can be very competitive in the tournament. Moes: And are they bringing the buoy system with them? Al Klingelhutz: They're bringing the buoy systems in. Moes: Is that something that they can bring a buoy system on...slalom course on the lakes? I'm not sure what the guidelines are. Ruegemer: I'm not exactly positive what the guidelines are either but it's my understanding that if it's a temporary type ora use, you can bring that in and put those in. As long as you don't have them all the time. Moes: So like for the tournament they needed to get approval from other. Ruegemer: Carver County. Moes: Carver County...and in this environment when they're doing it... Gene Klein: Hi, my name is Gene Klein. I live at 8412 Great Plains Boulevard. I'm on the southeast end of the lake, down from Al. I was out on the lake last year and was confronted by some of the people on the lake. I'll give you my side of the story of kind of what happened. I probably didn't hit the lake until late afternoon because I had a baseball tournament that morning with the kids. We came home. It was a 90 degree hot day. Went out to use the lake and I grew up on the lake and I hear Al's frustration is, it's a public access on the lake now and every year there's more and more boats. But what seemed to happen is, they rented the pavilion to use as their headquarters there but they also tried to use the lake as their own. They were very, we had some people that were at the baseball tournament with us that came, were going to drop their boat on the lake. They had my daughter with them and they were going to come across and we were going to spend the afternoon on the lake. I had approximately 6 kids with me and they were bringing 3 or 4 more with them. While I was out on the lake before these other people came and I was confronted by the people on the lake, one of the safety boats and asked to stay 100 feet away and I said I would do my best. I said it is a small lake. It's a 93 acre lake. The way they have the course set up, they utilize half the lake. Okay, that cuts it down to a 45 acre lake. On the east, southeast side of the lake it's very shallow. You have to stay out a good 100-150 feet to maintain a depth for any size boat, which now makes it a very, very small lake. You're working in a very small eye. So I did as they asked. I stayed 100 feet away from their buoys. Ran back around and I was confronted a second time and asked how long I was going to be out there. And I said you know I'll probably be all afternoon. I says we have people coming over and they asked well you know can we take turns. I says well yeah, that's really not an option. I said I had a boat full of kids waiting. We had plans too and we wanted to use the lake. I says we're doing our Park and Rec Commission Meeting - November 23, 1999 best. We're staying away from you. I'm doing the best I can do. You know I says it's, it was not an option as far as I was concerned. So we continued on. A third time I was approached by all the boats and asked if I could just do a straight line back and forth and stay way to my side of the lake. And by this time I had talked to a couple of the different neighbors that were out there and one of the neighbors had been told he should not be able to put his boat on. Told him to go to a different lake. The boat that was bringing my daughter over came over and they were told the same thing. They were told to go to a different lake. That they could not be put on the boat. Lake Susan has a public access. That means it's a public lake. If they want to have a tournament, I recommend. I don't mind the tournament but I recommend they do like you say, pick an earlier weekend. I think other years it's been a lot colder. I mean this fall, spring would be better. But if you have it in the middle of the summer when it's warm out, that boat on any given day is going to have 5 to 10 boats, the lake is going to have 5 to 10 boats on it. There's approximately 10 power boats from people that live right on the lake. I would love to go out there and not have anybody bothering me also. I like to fish like A1 does. I like to use the lake for skiing and tubing, but I think what they're trying to say is they want nobody else out on the lake and that's just not realistic on this size of a lake. That's all I have. Lash: Anybody have a question for Gene? Okay, thanks. Jim Jacoby: Hi, my name's Jim Jacoby. I'm 8410 Great Plains Boulevard and what Gene has indicated is what I heard too. Now I wasn't around Saturday at all so I don't know what happened but Sunday I was out later in the day and at the end of the day I was, somebody had to come over and make a nice comment to say thanks for wrecking our tournament when I hadn't even been out there all weekend and so that was not, I didn't appreciate that and I heard the same thing from the other neighbors. I just want to reiterate everything Gene and A1 had said is consistent with what I've heard from the neighbors and what I also saw. Any questions? Lash: Thanks Jim. Anyone else? Joe Brandenberg: My name's Joe Brandenberg. I live in Eden Prairie and have been a part. of the tournament since the inception and just after listening to everything I just had a couple of comments. One, I can appreciate the concern of the homeowners. I used to live on Lake Johanna in Arden Hills for a number of years and was the Waterfront Director in Northwest College there and we had a slalom course. I was on the homeowners board at the same time representing a homeowner and as the waterfront director for the college. And we taught sailing and canoeing and water-skiing professionally and so I dealt with a lot of different issues and had a good rapport with the homeowners on the lake. A lot of that being because we, the lake was a safer place because we were out there all the time. I was two years ago State Tournament Safety Director and I was the boat who putted over I think the second time when the one gentleman said and I went over and said can we, you know wait or how long will you be out here. We had I think at that point 3 or 4 skiers left and my concern was when you're slalom skiing, if you hit big waves the potential for serious injury is very great to the skiers because it throws you off your skiing so that was my main concern. With the deal. As far as the practice and all that. Those people may or may not have had anything to do with the tournament and one thing with the economy being good is that on any lake that I've been on, including the one I lived on, there are more fishing 9 Park and Rec Commission Meeting - November 23, 1999 boats. There are more personal watercraft. There are more ski boats. There are more inboard outboards and boating is growing and it's becoming a more popular sport and skiing is growing and becoming a more popular sport. So I'm not sure that that's unique to this lake. I think it's a challenge that's being faced all around the Twin Cities area. So I'm not aware of anyone at any of our tournaments. I'm not saying it couldn't have happened but I'm not aware of anyone ever trying to control the public boat launches. There's only one tournament that we have that's not at a public site. All the others are and so there is a real effort to try to work with the people there. And as far as people being flipped off or anything like that. Having been the waterfront director at the college I had employees and I hope nobody ever there ever did anything like ihat. I never heard about anything like that but the best effort I could do in training, you still can't control what everybody's going to do and if that happened, that's unfortunate. If there were bad attitudes expressed toward people, I think that's unfortunate as well. You know either direction but I guess my thoughts, as I sit and listen to this is, I'm pretty, you know I understand the concerns as far as being a homeowner on the lake. I also understand from the tournament point of view and to me it really comes down to I guess what the City wants to do. As far as the erosion, that really, you know some lakes in the Twin Cities area have been closed to boats, anything over 5 horsepower or 10 horsepower, that kind of thing. There's at least one in Eden Prairie that way. So really I guess you know it's going to be a challenge in years to come unless the economy gets really bad and people can't afford boat gas anymore. But so, I guess I'd just like to see the best thing happen for everybody involved, whatever that is and I know Joe and Pam are, if it's not going to be a site that would be compatible with having a tournament, then they're open to looking somewhere else. You know but if it can be worked out, I know they're open to that too so. I hope it can all be worked out so it's good for everybody. So if you have any questions. Berg: It sounds like you've had lots of experience in working with neighbors as well as with boaters. I'm not saying not necessarily right now but that you can think of that might, in terms of meeting with these neighbors and addressing the concerns. Do you think there's any reasonable hope that anything could be worked out? Joe Brandenberg: Well I think there is, sure. I always think that's possible. And I think probably they, you know there's some legitimate concerns that are being expressed so I understand that and I think you know, if a meeting could take place or it could be talked out in a happy medium of some sort could be reached, that would be great. But certain things, you know they live on the lake. They do pay higher taxes. I know that. You know they want to be out there to use the lake. And for a tournament to take place certain things have to happen too and if the two can't coexist, then they just need to go in two different directions. I can't speak for the homeowners because I don't know what their individual feelings are but I would sure like to see that as an option before it's you know just dismissed but it's your city so you need to decide what's best for city and for the people that live there. Lash: Okay, thanks. Is there anyone else in the audience wishing to address the commission? Okay, seeing no other comments we'll close public comments and go to the commission. We'll open it down there with you Mike. Howe: Thank you. 10 Park and Rec Commission Meeting - November 23, 1999 Lash: You're welcome. Howe: I just really would build on what Fred said. I mean I think both sides here are reasonable people. You both have a right to use the lake. As far as erosion and shoreline, my thinking on that was that's a DNR issue. I don't think we or even the City Council can really dictate no wake zones and such like that but it seems to me there are two options here. One is to change the date, and I realize that maybe the July 8th and 9th, that's the first big weekend after Independence Day. That's a big family time. Maybe there's a date that's better suited when the lake wouldn't be quite as used. Just a thought. Secondthing. I think Fred's right. Both sides, you need to sit down and talk. I mean your reasonable people. Here's what you can expect fi'om us. One side usually you can expect from us. The other side and work it out. I think it can be worked out. I don't think, you know that would be the next step in my mind. I don't have an answer. That's all I have. Lash: Thanks Mike. Moes: I think Mike did a good job of summarizing...for the groups to get together and...dates, then work on the dates. Scheduling throughout there within the date. Taking breaks. Whatever is appropriate. There's a lot of options available. Lash: Rod. Franks: I've enjoyed the tournament...walked around the lake and sit down and watch, but I've also been bothered Al by the boat noise in the evening as well. It makes it all the way into our neighborhood in Chanhassen Hills so that's also been a little bit of a bother to me. I know people organizing the tournament, you probably don't have control of that. I had the same question. It might be something worth checking into is a permit required to set down a buoy course. That might be one way to control that type of activity in that case. I haven't heard anything today that seems like an insurmountable conflict, l.t appears to me that we do have people with some kind of competing interests but these interests I don't think need to happen to the exclusion of the other. I think it's certainly a situation where people are capable of finding some way to work together for the benefit of boat. Everyone represented here is interested in the same sport, just wanting to do it at the same time, same place, different way and since we all have a similar interest in boating, I think there's certainly a place here to sit down and make some arrangement where maybe not everybody's completely satisfied but at least all of your needs, or most of your needs are being met. One of the things that strikes me too for the 1NT applicant is to make sure that everyone has all the information significantly ahead of time and that may be...last year that not everybody got that information when planning gatherings and events. That can be real frustrating. But if you had knowledge ahead of time what's going to be on the lake and you of course can also make appropriate plans as well. Jan, I'm not sure if we can make some kind of recommendation to have them meet... What would the structure be? Jerry? Lash: Here would be my first choice. 11 Park and Rec Commission Meeting - November 23, 1999 Berg: Let's see who isn't here. Todd. Lash: I guess I would think we certainly could do that and I would suggest some type of an agreement between all these parties before we would even make a motion. Franks: So it's not necessary for us to make a definitive motion this? Lash: ...table it based on... Franks: Can I ask a question of the tournament organizers? Lash: Sure. Franks: When would be the date that you would need a definite date so you could handle your advertisement? Pam Mueller's comments were not picked up on the tape. Lash: That would be for sure the latest you could go? Pam Mueller: Right... Actually the Boat Show... Franks: So what date would you need? Pam Mueller: ... Lash: So that gives us a month. Okay. Moes: Don't we meet the 14th of December? Lash; ... Franks: By the 14th have the meeting and then we can take action on the 14th. That's all. Lash: Okay. Yeah, well clearly there's you know some problems and I agree with all the other comments that I think these certainly could be worked out to everyone's satisfaction. I think that given the lake, given the conditions and given the economy and everything that was said, I think you're going to have boaters and tubers there all the time, whether the tournament's going on or not. Because if they're continuing to ski after the tournament, they're not practicing for the tournament anymore. They're just having fun and they're bettering their skills so I don't know that pulling the plug on the tournament is going to cut down that much on the traffic that you're experiencing. I think probably every lake homeowners is experiencing that frustration right now but I think too that this needs to be worked out and I think it can be worked out. I have a question also for Pam or Joe. Do most of the participants wear, you know wet suits and things like that that help them stay warm? Skiing and boarding or. 12 Park and Rec Commission Meeting - November 23, 1999 Pam Mueller: Yes. I mean there are... Lash: But you could have it in June, couldn't you? Pam Mueller: Oh definitely. Lash: I mean I'm not talking about February you know but. No, no, no. No, but I mean you know a lot of times, the first couple weeks of June a lot of times there' s, or later in the season a lot of people aren't as enthusiastic about the lake sports anymore. I know the attendance at Lake Ann goes way down in August just because people get kind of tired of some of those things. But I think July probably really would be a problem because that is just the peak month, especially that weekend because it's when everybody's on vacation and with the 4th and everything so I would definitely want you to reconsider the date and look at something that's, you know if you're wearing protective clothing anyway, the water temperature isn't going to be a huge factor to you where it will be for all the other little kids who want to go out and tube and that kind of thing. Para Mueller: In the past we've had it you know more towards... Lash: I think looking at different dates would probably go a long way with the neighbors and I would strongly encourage a letter. If you guys want to make it and have the city send it or if you want to have Jerry try to come up with something, letting all the lake residents know this is the weekend that this tournament is going to be going on. These are the kinds of things that you can expect. If you have any difficulty with anyone please look for Pam or Joe Mueller. They'll have on the bright yellow hat or whatever you want to do so that they know who they can go and talk to directly if they have a problem and say you certainly would want to work through any of this. You know you want to try and have a successful thing and you know. You know what I'm talking about. But I think if people know ahead of time, that may help and then the date may help... Para Mueller: ... Ruegemer: There was in the initial permit. Berg: It sounds like they need a lot more than dates though. Lash: You know this is what they can expect and I definitely think you know if they know that you're trying to make an effort to make sure that problems don't happen and who to talk to too. If someone, and you can't control everyone's behavior and we know that but people who are out there are going to...that's all there is to it and at least if they know who they can go and you know vent to, it makes them feel like they have a little more control over the situation so. If it's a shot at trying to solve the whole thing. Fred, you got anything? Berg: Just a couple questions. Do you have any control over the people who practice 5 or 6 weeks ahead of time? 13 Park and Rec Commission Meeting - November 23, 1999 Pam Mueller: You know what, I guess I'd...As far as I know, I don't... Joe Mueller: Quite honestly, Lake Susan... Berg: It sounds like Lake Susan has been discovered. Pam Mueller: Well you have to realize that with the amount of boats... Berg: One other thought, I don't know if they're all workable in terms of compromises and working things out with the neighbors and how it would work into your schedules. Maybe opening up the course to the people around the lake. Let them run it once or twice might be something they would enjoy too. Pam Mueller: ... Berg: Okay, that's all. Lash: Okay, thanks. Jay. Karlovich: Belbre I make a comment, Jerry I just want to ask you one question. How many residents approximately are there on Lake Susan? Ruegemer: I don't know that for a fact. ! don't know how many are on. Karlovich: 100 or? Maybe the residents... Ruegemer: These were 500 feet. The 500 foot notification. Karlovich: The comment I want to make to Gene, A1 and Jim is first of all, I'm a Park and Recreation Commission member. I was appointed by the City Council and we're supposed to be champions of recreation. This has to go in fi'ont of the City Council however. I think we're going to have to vote for the recreational portion of this. We have a recommendation from our staff member to approve it but if I was the City Council member and I had a petition from 18, 20 or even a majority of the people that lived on the lake that didn't want the tournament to go, I think the City Council is the body that's elected by you. They're not a commission that's appointed by the City Council to champion the parks and the recreation. I think that if you don't want to work things out or things can't be worked out, and you do have the support of the people that live on the lake, I just think if I was the Mayor or any of the council members, I would want to see a petition and I would want to see what people who elected me and put me into office want done here. We have a letter in the file here from Lawrence Harris and he isn't totally against it. He just wants like the parties to work together but the one thing that I guess I would encourage you is that just for the City Council's benefit to, you know there are three of you here tonight and you're in front of a park and recreation commission where we're supposed to champion parks 14 Park and Rec Commission Meeting - November 23, 1999 and recreation. I guess ifI was up here, if there is a lot of negative support for this program that I at least would give some input to the City Council. That's the only statement that I have. Lash: One quick question. When will the City Council meet in December? Ruegemer: I keep them upstairs with the dates. They're probably early... Lash: Don't they meet every other Monday? Ruegemer: With work sessions, every Monday with the work sessions. Lash: So chances are they would meet... Ruegemer: I could go upstairs and get the meeting schedule. Lash: We really should know that before we go much further. Is there anybody else who needs to say anything or is there someone who's ready for a motion? Al Klingelhutz: One question? Lash: Sure Al. A1 Klingelhutz: ...neighbors together... Lash: That's what we're going to figure out. We need to find out when City Council's going to meet because if it has to come back to us and then go to City Council, we've got to make sure that they're going to be meeting at a time after our, and we meet on the 14th of December so we would want you guys to be able to have time to meet, come to some kind of an agreement, or not, whatever, so we can act on it on the 14th and it can go to the City Council at their next meeting. That's what we need to find out what their schedule is. A1 Klingelhutz: ... Berg: Well I think we're letting both sides down if we don't at least try to do. I don't think there's any harm in attempting to see if we can work out a compromise. If it can't be done, it can't be done. But I'd like to make it more than one vote. I'd like to at least know that all avenues were explored before we do that. Lash: And that's why we think, I personally I think the first thing you guys would have to do is come up with a date that is agreeable to everyone. Berg: Maybe that's where the compromise lies. And that's I think should be a relatively easy thing for both sides to sit down and discuss. Audience: ... 15 Park and Rec Commission Meeting - November 23, 1999 Lash: Okay, Jerry's what's the time schedule? Ruegemer: The next Council meeting is the 13th. Work session is the 20th. (There was a tape change at this point in the discussion.) Lash: That would be enough time for you wouldn't it Pam? Okay. So now we've got a time frame to work with here. Everyone's been thinking about how to make this motion. Who's ready to do that? Berg: Well I'd move that we table this item until our December 14th meeting when we can have input again as to what happened after a meeting of the interested parties. Lash: Okay. Berg: I move that staff at least facilitate getting the two sides together. Lash: Is there a second to that motion? Howe: I'll second that. Berg moved, Howe seconded that the Park and Recreation Commission table action on the request for a Public Gathering Permit for a INT Water Skiing Tournament on Lake Susan and direct staff to facilitate a meeting between the interested parties before the Park and Recreation Commission meeting on December 14, 1999. All voted in favor and the motion carried unanimously. USE OF NEIGHBORHOOD PARKS FOR YOUTH ATHLETICS IN 2000. Ruegemer: Thank you Chair Lash. We had discussed this item previously at a previous commission meeting earlier. At a meeting last spring before the season got started. At that time the commission wanted to take a look at with the new community parks coming on line with the redevelopment of City Center Park and Bandimere Community Park, wanted to address the issue at that time. To look at eliminating the use of neighborhood parks and my recollection was that Meadow Green Park, North Lotus, Carver Beach and Rice Marsh Parks. At this time I would like to discuss that with the commission. We all, with the commission and staff have been waiting a long time for Bandimere and City Center to be developed and redeveloped. At this time it looks like they are going to be ready to go by spring of 2000 which is great. And they will help us out tremendously. We're adding additional soccer fields and baseball, softball fields which will certainly be welcomed by the commission. Or by the Athletic Associations in town and that serve our residents. At this time I do believe that even with the newly developed facilities, we are growing tremendously across all the associations, anywhere from 10% to 20% a year for soccer, baseball, that type of thing. I really think that we would be doing ourselves a disservice to totally eliminate the use of these areas. With the development of the parks, our 16 Park and Rec Commission Meeting - November 23, 1999 newly developed parks, it certainly will help take some pressure off these areas. That certainly is what I would like to propose at this time is that we take a look at scheduling for the year 2000 and we take a look at and work with the athletic associations to limit the use of these. I know the CAA for example at Rice Marsh has really tried to downsize their activities out at that park in the last couple of years. And I know that they were down there at least 1 to 2 days a week there. So they really are trying to make a really concerted effort to minimize play and really be less disruptive to the neighborhood and to the park itself down there. I do, I am recommending that we do take a look at these sites and adopt kind of the guidelines listed below as kind of a schedule and kind of an allotment so to speak between the associations. Number of days per week. And we not totally eliminate play. I think we'd really have a hard time in the future to get back into those parks. I know the neighborhoods are used to having organized play in this area and I think if we eliminate these we really would be, we're not gaining anything by adding new facilities. We're just basically staying even or going backwards eventually. But We can certainly look at to schedule these and I know that the associations are really going to take a look at what their numbers are this coming year and in the upcoming years after that. Really look at demand. If there is no demand, or if we can do other creative scheduling efforts up here at City Center, Bandimere and some of the other types of non-neighborhood park areas, we certainly will do that to eliminate as much as we can at these neighborhood areas. Really to be friendly with the neighborhoods and to not schedule those types of activities or games. So really, and I know Frank and Larry...is here with the Chan-Chaska Soccer Club .... here with the Chanhassen Athletic Association. They have been very cooperative in trying to look at alternative types of options in scheduling so we are sensitive and we are working towards looking at creative ways to be less disruptive to the neighborhood. So at this time ! am recommending that the Park and Rec Commission allow organized activities, athletic play at Meadow Green, North Lotus, Carver Beach, Rice Marsh. It is also recommended that organized play be limited to the number of dates listed, it'd actually be below on this. The next page according to that table. Lash: Okay, anybody have a question for Jerry? Moes: Jerry, for example out at Meadow Green is 4 days per week. 2 days for soccer and 2 days for baseball. On a 7 day, how does the 4 days per week get to that? Ruegemer: Basically Monday through Thursday. Moes: Okay, so that's what the recommendation is? Howe: Do we get a lot of complaints? Do we get complaints from people using the parks or not? Ruegemer: I don't personally receive a lot of complaints. I know in the past some limited facilities we have done two activities at one time and that we're working to eliminate that. So soccer and baseball will probably be playing on a different night, So you potentially you know, eliminate some of those cars and...that type of thing. 17 Park and Rec Commission Meeting - November 23, 1999 Moes: Of the parks listed, how much activity is going on now? Within them I guess over the week. Ruegemer: These areas, there isn't really anything scheduled as far as weekends. You know that doesn't mean that there isn't an activity going on. You may take your soccer team up to Meadow Green or you might take your soccer team up to North Lotus on an unofficial type of basis and have a practice. We don't have control of that. We obviously don't encourage that. I mean we can't control it. It's kind of like controlling water skiers on Lake Susan. People have their own objectives and what they need to do so. Berg: Except for Rice Marsh really is sort of a unique parks. They're really not neighborhood parks. They're really not a community park. Ruegemer: Right. Somewhere in-between. Berg: Yeah, and I think the implication is going to be that they'll always be available for softball and soccer games... What's the uses now? Typically at Meadow Green, what would the uses be last summer? Ruegemer: Monday through Friday. Berg: You'-re proposing cutting out a day. Ruegemer: Cutting back one day and then also eliminating two activities at one time. Lash: How about Carver Beach? Ruegemer: ... Lash: So essentially Meadow Green was really 7 days a week. Saturday and Sunday and... Karlovich: One of the comments ! have to make is, is this neighborhood disruption really a problem or not Jerry? Or are we getting lots of complaints or? My opinion is what good is a park if it's not being used and the other thing is, if we make a motion that limits these fields, I think we're kind of taking our discretion away from the city staff. I don't even know if we should be micro managing this and just deferring to the city staff to use their best discretion to regulate the use of the parks. Franks: I was thinking along the same lines. Both in that I think that neighborhood parks...and I think of Rice Marsh down in that, down in the hole and you know the cars park everywhere. Then there's Chan Hills is a much nicer field and find a place to park. I'm wondering if there's any way to spread it around...I don't know Frank... Frank Scott: ... 18 Park and Rec Commission Meeting - November 23, 1999 Ruegemer: ...Sunset Ridge. You know new development. Lash: That one has potential. Franks: That's the other one. Ruegemer: The parking lot is in as part of that development. Franks: Well I guess my thinking was Jerry...so if each neighborhood worries about impact, if the neighborhood only has to put up with one night a weekend instead of one neighborhood having to, I mean that might make it easier for everybody all around... I'm also in agreement with Jay saying the same thing. Do we want to be in such a specific motion or make more of a generalized motion about it would be our intent as a commission to minimize impact as much scheduling allowed in parks... Something along those types of lines to really give, because we're not really sure exactly what the demand is going to be and how it will increase. Lash: Frank, Frank. Wait, wait, wait, wait. You're going to have to come up here because I'm afraid you're not going to be getting picked up on the tapes. Frank Scott: The doubling up we did was we would have two games on a single park in a night. We'd rather not do that even with the little ones. We'd like to have it so that they could have a practice period before the game because they learn a lot more in practice but of course they want the game in there. So like out front here we would have one at 6:30 and then another one at 7:30 or 6:00 and 7:00. We would like to just be able to do one game a night on a field and then the people could stay longer if they chose to or not. They could come earlier and kind of be a lot more flexible. And we did that up through 8 year olds last year. We actually would have two games on a single field. So we were crunched last year a little bit and it would be nice if we could open that up. Have you got any questions I could answer for you? Lash: I just, I have one comment and that's about Rice Marsh. And that has been one of my goals for years is to get the organized sports out of there. And none of you, with the exception of Fred, probably has had to deal with what it's like down at Rice Marsh Lake because your kids have gotten into this yet. But I have kids in CAA and Rice Marsh Lake, getting in and out of was a traffic nightmare. It's the end of a little cul-de-sac. Totally inadequate parking. Totally inadequate and when you've got two teams down there and you've got sometimes two parents each driving a car because somebody's got to come late, and somebody's got to leave early to take somebody else somewhere and you didn't get off work, it's just a parking nightmare and it's got to be a nightmare for the residents so that was one of my main motivations for even having this referendum was to be able to get organized sports out of Rice Marsh Lake because I think that's a horrible situation. So the very most I'd want to see anyone have to put up with that is one night a week. Whether you're going as a participant or you're living there. So I just as soon just pull it totally out of Rice Marsh Lake but I think Sunset Ridge would have much better parking situation. And I'm not sure where else. We could look at it but I would agree that if we share the joy, share the wealth and spread it around probably CAA will be happier. You'll have 19 Park and Rec Commission Meeting - November 23, 1999 more flexibility and the residents, plus we are utilizing the parks to the best capacity for getting active play time in each one. Franks: In seeing the weeds pop up in that nice infield on Chanhassen Hills just bothers me. Lash: What's the parking like there though? Franks: About four stalls. Lash: Yeah see it's just. Ruegemer: I think it's 10. Is it 107 Franks: Oh it's 10. That big? Ruegemer: I think it's a little bit more than 6 but it's not huge by any means. Franks: Speed is right there as well. Lash: I mean you can easily estimate 20 cars, right? Frank Scott: When you look at Carver Beach, they usually, there's probably about 20 cars up there. That's probably true. Lash: So pretty soon they're parking all over and it is an infringement that it really wasn't intended. Franks: Right. But ! mean why should... Frank Scott: If we had one game a night, then we wouldn't have the problem of second game coming and trying to find a place to park while the first game's still there. So that would certainly alleviate a lot of that problem. Moes: I guess what I'm hearing is that, having the ability to spread the activity out over the different parks allows the... On the one side it's, hopefully it's a benefit to the neighborhood... two groups of cars... On the second side, it provides a benefit for the participants as well because a lot of them are thrown into a game... Lash: Would this have an affect Jerry...maintaining the parks or having? Ruegemer: Not this. Franks: Would it be more dealing with... 20 Park and Rec Commission Meeting - November 23, 1999 Ruegemer: Initially I'm sure. I mean right now at Sunset Ridge, Chan Hills aren't officially. There's practices happening right now that I know of. If there's organized type activities, you certainly run the risk of receiving a few letters and calls but we put up with that every year so I mean it's not that big of a thing. Karlovich: If you want to let Rice Marsh, I think you should, we can do that. Otherwise we should just limit our micro management and let Jerry handle it. Berg: I would agree with that very strongly. I agree with Jan too on Rice Marsh. I've gone to a number of games and parked three blocks away. I'm not objecting to the walk, I'm objecting to the use of the neighborhood. Rice Marsh is unique. I'm a little uncomfortable with all of a sudden we're going to have organized sports in neighborhood parks. We've had a pretty set philosophy on this commission that we don't do that. I'm hearing a lot of well, we're going to get letters and complaints and we'll deal with that but why do we want to put ourselves in a position where we're getting letters and complaints and calls and concerns. I guess I'd like to discuss it more fully I guess. This is a pretty big shift in our philosophy. Moes: Maybe I'm confused then...we're having organized sports at these facilities today, aren't we.'? Lash: Just these. Moes: ... Berg: Well I'm hearing we're going to Sunset Ridge. Looking at Sunset Ridge and Chanhassen Hills. Karlovich: I'm seeing these as. Berg: The other three on this list is again I think fairly unique and they're very lin-ge, wide open spaces that people I think have come to expect there's going to be CAA or organized activities there. I'm not so sure that we aren't going to get a lot of complaints from the neighbors when we start filling their streets with cars for even one game. Lash: Sunset Ridge has very ample parking... Berg: That I can understand and I'd be willing to look at that because I think it goes into that... I thought with City Center and Bandimere we were going to be relieving ourselves a little bit of pressure so we didn't have to use the neighborhood parks. IfI were older I think I'd be reminded of that. Whether that came...why we originally were against having organized sports in these smaller parks. At least talk that through again. Karlovich: See I'm new to the commission. I'm not aware of this philosophy or any of the problems in the past or even the promises that have been made by you. As a new member, we didn't want to live by the park or I'd buy the house next to the park... 21 Park and Rec Commission Meeting - November 23, 1999 Berg: I don't see that as the issue. I see the issue as it is a neighborhood park and I think they have the right to expect that there aren't going to be cars coming and going in front of your house. Lash: And that precedence too. Berg: From outside of the neighborhood. See if it's in the neighborhood it's one thing. But if you come from my neighborhood to yours to play ball, then I would see that as being Something I wasn't bargaining for. Lash: ...when it happened, whether you live there and bought the house by a park or not, you'd still be...40 people were stomping through the back of your yard. Moes: Along those lines, I do know from past experience...a think a really good, excellent job of grouping teams together based on... Lash: Do you guys do that? Not when my kids were in but. Moes: If half the team, if not more ....class at school. Maybe that's the next step forward but they are. Berg: Yeah, that's new. Moes: Local facilities...I commend you for that. Franks: ...it's one of those policies that I always questioned from a personal perspective. And I guess I would be...park is sitting idle...then I would, instead of creating a hardship fbr participants or residents of other parts of the city, really look... Berg: It seems like we have a bit of an...knowing what the impact of City Center especially is going to be. In terms of relieving pressure from others. Frank Scott: You've got to realize though that really City Center used to have three fields on it so you now have added one additional field to City Center. It's not a big upgrade. We had three for years and years and then we had the two out in front here we had to use when this was closed up so by giving me one up there, you're really, I broke even now. And if you take Carver Beach away and the other ones, what you gave me at Bandimere isn't going to, is not a plus so basically we don't have many more parks. They're better parks. They're nicer looking parks but space wise, it's about a break even and has been. Berg: That's why I would support too...in my mind plug in more at Carver Beach. Which again is one of those that is a neighborhood community park. Howe: Should we take out Rice Marsh? You have Sunset Ridge? 22 Park and Rec Commission Meeting - November 23, 1999 Lash: I think Sunset Ridge would be much more conducive to that kind of activity than Rice Marsh. Frank Scott: Let me say if you'd rather not cause a controversy of pulling one off and putting another one on, if you wanted to generalize. He could tell me, use Rice Marsh as your last resort and I would certainly do that so rather than define something, maybe it's easier just to say let him handle it and not use Rice Marsh except if you have to or something like that. Franks: I guess my feeling is that if we move it from Rice Marsh, and you get into a crunch and find you have to move back...creating more problems then actually using... Maybe start out at Sunset Ridge and then transition it over to Sunset. Lash: And if you just used Rice Marsh as a practice. That's only team going down instead of two teams. You could park with one team. Larry Dorn: One of the, if I can interrupt. One of the things we have been doing over the last couple years. Frank Scott: Do you want to state your name and address for the record. Larry Dorn: Oh, my name is Larry Dom. I live in 16 Warner Circle in Chaska. I represent the Chan-Chaska Soccer Club as Field Coordinator. One of the items we have been doing over the last couple of years with Jerry, he's been very instrumental in getting myself, the Chan-Chaska Club, CAA and also Tonka together for their youth athletics and coordinating what we've done. We've been sensitive, i.e. using Meadow Green one day a weekend last fall. Bandimere the other day a weekend, which now we realize we're losing that. That field. But I agree with Jay that if you let Jerry do the scheduling, he's relayed to us and we've policed our own people and I think for the last year it's worked pretty well and there has been a crunch with City Center gone and Bandimere not on line yet. And really that's what I have to say. Lash: The only problem that I have, I've got a couple problems. One is, not with your comments. I agree with your comments Fred. I think this is a philosophical shift for us. And a lot of the problems that I have is, I don't necessarily think that having organized sports in every park tells me that it's being utilized to it's fullest. I think as a commission we need to remember that some open spaces need to be passive. Some people want to go and enjoy quiet time. They want to go and get away from organized sports for a while so to put organized sports into every park... (There was a tape change at this point in the discussion.) Lash: ...and this has nothing to do with my trust level for Jerry, because I think, we all know that Jerry does a great job. I think having a policy gives him something, not only to use as a guideline but to say to people, you know hey. This is the policy. You know I can pass on your 23 Park and Rec Commission Meeting - November 23, 1999 , concern but here's the policy. Therefore it takes some of that pressure off of him when someone is not necessarily happy with a decision that he's being forced to make because we're afraid we're going to look like we're micro managing. I don't want to micro manage. I want to give him a level of comfort that he can do his job without having to take too many hits. So Jerry, you know you can kind of tell us if you think it's the kind of deal that you're not going to have problems. Or if you do have problems and you want to come back and say, I'm taking too much flack. I want a policy that I can fall back on. You know I'd be okay with that. Ruegemer: I mean I certainly feel comfortable working with the associations and with more of a general type of recommendation. I'm not afraid of getting phone calls. You know they have been very minimal since I've been here really in 9 ½ plus years. I do feel comfortable with maybe Jan, I appreciate your comments, but I certainly am willing to, I don't know if take on is the word but to work through maybe...use and maybe not have a concrete. If that's the way the commission would like to go, I certainly am, I mean Frank and Larry are, really hit it tonight. I mean we've all been working together. We've had a serious field issue and I think we're, I'm more than willing to work out a lot of the different issues so I think that'd be fine. Lash: I'd be happy enough to go with whatever you are comfortable with Jerry. I think after this season, when we've got all these new parks on line, it might be good for us to review this again and then maybe we would want to make it a policy.., so as numbers change we can always come back. Ruegemer: Yeah, I think with trying to maximize what we do have coming on line now, I think it will give us a truer picture after next summer. Spring and summer with that. We're really in a nice position right now with new facilities coming on line and really time for us to reassess and really to see where we're going to be in the future so. Lash: Okay, given that I think we still need a motion. Franks: I move that we direct staff to work with CAA and Chan-Chaska Soccer Club and the appropriate scheduling for soccer, baseball and softball and such scheduling in a way to minimize the impact of participation in neighborhoods. Especially in the neighborhood parks of Meadow Green, Carver Beach. Karlovich: Jan, do you want to add to that possibly that we give Jerry some direction to do everything in his power to reduce the amount of play at Rice Marsh Park? Ruegemer: A friendly you might want to include these mentioned organizations, and/or other organizations using our facilities. Lash: And I'd also like to add that we then get some type of a summary or report after the season next fall. Howe: This means or implies this is going to stay with the parks. We're not going to expand this to every neighborhood park in the city? 24 Park and Rec Commission Meeting - November 23, 1999 Franks: Right. Lash: Okay. Are you clear Jerry? Ruegemer: Yeah, I'll get that and I'll get the formal recommendation from the Minutes too so. Lash: Is there a second to that? Franks moved and the motion was seconded that the Park and Recreation Commission direct staff to work with the CAA, Chan-Chaska Soccer Club and/or all other organizations to allow for the scheduling of soccer, baseball and softball in such a way as to minimize the impact on Meadow Green, North Lotus, Carver Beach and Rice Marsh Parks. Also directing staff to prepare a summary of the field usage for the commission next fall. All voted in favor and the motion carried unanimously. RECREATION PROGRAMS: 1999 TREE LIGHTING CEREMONY. Lash: We've got the lighting ceremony that Tracy has. Does anybody have a comment on that? Franks: Where's the tree coming from? Ruegemer: It came from Minnewashta Heights Park. Off of Highway 7. There was some reforestation'out there and kind of a neighborhood project where trees were eliminated next to the Highway 7. So we just kept one of those up till yesterday and brought it back into town. On a flatbed. So it's up right now if you see it out in front. Augered in. 1999 HALLOWEEN PARTY EVALUATION. Lash: Okay, how about the Halloween Party evaluation. Anybody have comments that they want to pass onto Tracy about that? Howe: I thought it went well. All good ideas about spreading out the hallways. It wasn't as crowded at all. I could manage my candy distribution. Lash: I thought it was great. Did a good job. SELF SUPPORTING PROGRAMS: ADULT 3 ON 3 BAKETBALL UPDATE. Lash: Moes: Jerry's got the 3 on 3 basketball. Does Scott play on the 3 on 3? Do you have anything for Jerry on that? Okay. 25 Park and Rec Commission Meeting - November 23, 1999 Ruegemer: As of right now he's not playing any organized. Just pick up ball at the Rec Center but he sure likes his basketball. RECREATION CENTER. Lash: Anybody have comments on that? Franks: I've just been hearing some things from neighbors and other people about the dance program. And how space seems to be an issue. Getting space with the aerobics classes and some of the other exercise classes so I don't know Jerry exactly how that works out but it really seems that this new group... I've heard from both that are wondering about getting more workout time. Also parents wanting to know why scheduling is... Ruegemer: I'm not directly responsible for scheduling but I do hear things as well. The dance program is growing leaps and bounds. Aerobics classes are growing leaps and bounds. We're going to hit the wall so to speak as to what we can do as far as offering additional facilities. And time. I know that Susan Marek, our Recreation Center, our lead person out there is really trying to maximize the scheduling between the two groups and kind of work with potentially, you know even with Tae Kwon Do, put them into community rooms versus gyms and really trying to kind of work around and really try to maximize, you know to have really group, certain groups in certain areas. That type of thing but I kmow that the dance program is really big right now and I know Mary Ann Porter who is the coordinator of the dance program I think is going to be talking to Todd with expansion plans to the Rec Center which will be interesting. But we'll see. I think she would like to see a community or room or two taken out and add an additional dance type of dance area or public. Lash: Couldn't they do the glass...? Ruegemer: I'm not sure if the floor's conducive to dance programs or mirror or bars. Franks: ...but the dance programs certainly are revenue producers so if rental or as a revenue generator... Lash: I just can't figure out why those kids in the little class couldn't go in. They don't need to have bars or mirrors... Berg: My kids used to dance at the beer soaked floor in the basement of the American Legion. Howe: And you were with them weren't you? Berg: Darn right. Lash: Again, this is back to the drawing board. Getting people to work together here and solve this problem. Maximum usage so use...that's not used. Okay. Anything else on that one? 26 Park and Rec Commission Meeting - November 23, 1999 SENIOR CENTER REPORT. No questions were asked on this item PARK AND TRAIL MAINTENANCE REPORT. Lash: Do you have anything you want to pass on... Ruegemer: Does anyone know the reason for the... We did have a female out by the warming house at the Rec Center trip over a crack that was heaved. A piece of concrete was heaved up and she did trip over that and break a hand and some other damage. Haven't heard anything as far as... I didn't really know that they were there and really made us kind of reassess the situation out there and take appropriate action on that. So that's the reasoning for the mud packing the concrete slabs and raising those two flush to kind of grade. Lash: One broken record comment again about the brush and leaf drop off, which I think is great that the City provides that for the residents but again I'd like something passed on to the Environmental Committee and the City Council that we need to think about...compost site. You know people are allowed to dump there for free, which is great. I certainly utilized it. But I know somewhere along the line someone is paying this outfit to haul all this stuff away so why aren't we composting it, turning around in the spring and selling it to people? It's ridiculous to me that we, with what we have that we don't have that in this town...hasn't done any good yet. Ruegemer: Before we go on, I forgot to bring this up before. We have a Park and Rec video that was introduced to us at our Park and Rec conference down in Mankato narrated by Don Shelby. It's about a 10 minute video. Is anybody interested in watching that tonight? Lash: Is there anybody who's not? Ruegemer: Parks and Recreation, Your Best Investment. It's just a feel good park and rec video. We don't have to watch it. We can save it till the 14th. Berg: Sounds like a real holiday thing. Lash: On the 14th we'll have a very light agenda. This already has gone twice as long as I anticipated. Ruegemer: We could be talking water tournament huh? Berg: That will be a piece of cake by then. Lash: Under administrative. Jerry, do you have anything? Ruegemer: No. Howe: ...snowmobilers, did that...go to their meetings? 27 Park and Rec Commission Meeting - November 23, 1999 Lash: That's the packet. You're jumping the gun here. Ruegemer: I do have one administrative. Marsha Eland was named to the District 112 Youth Commission last night so we do have a Youth Commission adult member again. That was put on the consent agenda for the City Council last night and that was approved. So I've been in contact with Marsha and will forward on the good news to her so we'll have the representative from our city on the commission finally. COMMISSION MEMBER COMMITTEE REPORT. Howe: Jerry went for me to the last meeting of the Race Committee. That's what you might be looking for. Ruegemer: We did meet a couple weeks back I believe now. At that meeting we did discuss options. We did look at the route again and kind of talk about what can be done if we want to add fans or water points. We did have a full committee. Lynn Johnson was there. Howe: Lynn Johnson? Ruegemer: She is the present coordinator for the 4th of July 5K Run in Excelsior. Very knowledgeable. We did talk about certain things about the race and looked at t-shirts. You know we got some pricing for t-shirts. Kind of what we'd like them to look like. What kind of colors type of thing. How we're...to get some pricing from some vendors. I in turn sent out about 5 or 6 more invitations for companies to submit bids for those t-shirts. We also talked about kind of what role Southwest Metro was going to play in the 5K. I've been in contact with John Kragness who works for Southwest Metro. Southwest Metro sounds like they're really going to climb on board on the 5K run. They're going to be providing bus transportation from the Americlnn after people register out to Lake Ann. For spectators and runners. They'll be transporting people back and forth to my knowledge free of charge for that. So they're really anxious to come on board. Really the committee is extremely ahead of itself at this point. You know I think we're all looking for busy work to do but at this point there's a lot of the information is out there...as far as the date. Lash: What's the date? Ruegemer: September 16th. Howe: 9:00 a.m. Saturday. Ruegemer: Yep. It was decided at the meeting that the 5K will be for runners only and walkers. No Rollerbladers. Berg: No wagons? 28 Park and Rec Commission Meeting - November 23, 1999 Ruegemer: No wagons. No mopeds. So other than that we're just kind of waiting for things to get closer really. At this point we're really ahead of the game as far as people. I talked to a couple vendors and they're thinking I'm crazy asking for shirt prices almost a year in advance but we're just trying to get ahead of it and work on more the marketing logos. Try to finalize the name of the race. Berg: Huffman name involved? Ruegemer: Yes. A few other names that we have to try to massage into sponsors. And working on that. Working on the registration forms. We're going to try to have that out the first part of the year with all the information on it so. Price, looks like it's going to be $12 to $17. Somewhere in that area. Try to keep it relatively inexpensive. That will include the shirt. It looks like a lot of people are interested in coming on board with the contacts of the Americlnn and Houlihan's... get a lot of the food and type of things donated for the event so I mean it looks like it's all going to come together with flying colors... Lash: Okay, thanks Jerry. Anybody else under committee reports? Howe: ...next meeting is next Tuesday by the way for any of you. Ruegemer: 30th, yeah. Howe: 5:15 p.m. at the Americlnn. Bring your swim suit. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Howe: Did Todd go to this meeting? Did they throw snowballs at him? The snowmobile meeting. Ruegemer: Was that when he was invited to their meeting? Howe: He wanted to get an invitation to talk about trails that they could not ride on. Maybe with the lack of snow he hasn't. Ruegemer: I don't know if he's gone to that yet. I think they have a meeting coming up in December. Early December sometime. Howe: That was my question. Ruegemer: I've not heard that he has been to a snowmobile meeting. I don't know his schedule all the time either so. I don't think that he's been. Berg: What are the dates for February Festival? 29 Park and Rec Commission Meeting - November 23, 1999 Ruegemer: I believe it's the 5th. Yeah, I think it's the first Saturday in February. Lash: The skate boarding thing here, managing your risk exposure was informative. Anything you'd like to report on that Jerry? How's it going out there? Ruegemer: The skate park? Busy up until yesterday. Jugt a ton of people using the area. You know we're still trying to educate people about helmet use but you know, a very high percentage of the people are using helmets, as asked for that and very well received at this point. I think people are happy with the equipment. I've talked to a couple of older kids that wished we had 40 foot ramps but other than that I think for the most part, you know parking is an issue. With the fire station and that right there but we're working through all that and a lot of people. A lot of older kids that drive come to the park. They're coming from St. Louis Park, Plymouth, all kinds of areas. Lash: I read in the paper of the Sailor, or is it Excelsior or Shorewood or somebody is trying to put together in their area too so. What did they have, $5,000 or $1,500 or. Berg: Kids ! talk to, when I asked if they'd like more they just sort of look at us like why? What we've got is really great. Ruegemer: At this point they seem happy with the site. They seem to be doing a good job policing themselves as far as you know telling other people that don't have helmets, you know you'd better get your helmet on we're going to lose our right to be here. Without it being gated and it's basically open whenever they want to go out there which I think is great. We certainly didn't think we'd be going to darn near Thanksgiving with people still using it but it's been packed. Lash: Have anything? Nothing else tonight? Okay, I'd look for a motion to adjourn. Berg moved, Howe seconded to adjourn the Park and Recreation Commission meeting. All voted in favor and the motion carried. The meeting was adjourned at 9:35 p.m. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 30