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CC Minutes 1999 11 22CHANHASSEN 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: Councilman Senn moved, Councilman Labatt seconded to approve the agenda as presented. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Jansen moved, Councilman 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. Resolution #99-97: Approve Resolution Requesting Design Element Variance for TH 5/West 7§th 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 November 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 Chanhassen. I understand that with point number 7, with new 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 Puke. 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 1 O-minute neighborhood meeting with Puke. 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 Puke before this vote for the PUD, maybe things would be smoother for all involved. As existing citizens we purchased the adjoining property that is adjoining the property south of the north frontage road proposed by Puke. With the understanding that it was guided for a low, 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 low 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 Puke for the north frontage road. It's our understanding that the desired Puke land is currently A2, Agricultural Estate District and is guided for medium south of the frontage and low north of the frontage. Puke 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 Puke is requesting medium north for the north frontage, our question is does there need to be a council vote for rezoning from low to medium density north of the frontage 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 low residential of 1 to 4 is maintained based on mixed information from Puke and staff. And this information is based on, is on the total acreage available. This begs the next question. Can the City approve low density units but not meet the criteria of low 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 the council to respect these guided reasons why we moved to select and invest in this neighborhood and Chanhassen. I have copies of Puke's development and review application of July 30, 1999 where they recognize and request that the land stay as guided low 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 Puke as low and medium density residential neighborhood retail. In fact on the same day, July 30th Puke 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 Puke conceptual proposals are conflicting and confusing. Puke does not request the transfer but the transfer is in the staff report. Puke is requesting low and medium density but staff is mixing density. The concept states it is meeting low 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 the community. Affordable and City Council Meeting - November 22, 1999 subsidized housing shall not be overly concentrated in one area of the city. The Puke 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. Puke 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 Puke is working with the city to accomplish mutual goals but as a citizen I ask why has staff not guided Puke 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 6th document by the City which reflects 62 1/2 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 frontage and Puke calculates 38.8. This may seem like minutia but it is vitally important if your vote tonight has a bearing on the final product on this issue of low 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 when voting on this PUD from a position of weakness when all the 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 the intentions of the townhomes but it seems odd that Mr. Deanovic, as his own developer is bundled as defacto of Puke. Is this standard procedure? As currently guided, the townhomes are not zoned for low density for the north frontage road as noted in Puke's concept plan. For Puke 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 ownership to the best optimal vision of the western gateway. This is all of ours. Our last chance to define the western gateway to Chanhassen. Puke will come and go. They are not a Byerly's or a Target who have a long term interest in the position in this community. This is our chance as existing citizens to have the 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 respectfully request the consideration of our questions posed to you tonight and the zoning implications for the north frontage. Mayor Mancino: Thank you. Thank you Michael. When we get this, when that comes on the agenda, which I'm sure you'll 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 we 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 have 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're 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 secondary means of City Council Meeting - November 22, 1999 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 in a little festivities if they want and we're taking care of that. Mayor Mancino: Good, we know where to come then. Any questions for Scott? Beth. Beth Hoiseth: I'm Beth Hoiseth, Crime Prevention Specialist for the 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 week, or last month but police officers and myself participated in Fire Safety Week and for years the fire department has provided the safety education 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 the 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 department. 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. I don't know but very pleased with that. Had two more meetings 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. I 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 them participate for two nights also. And one of the objectives of the program is to possibly generate the volunteers for the community and I'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 complexes. I distributed flyers and just to alert all the City Council Meeting - November 22, 1999 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 youth 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 problem is theft from vehicle. Mayor Mancino: Beth, do you meet 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 with law enforcement so I'm trying to coordinate something with that, which would 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 with 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 eliminating item 6.10 and wage and job, on 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. City Council Meeting - November 22, 1999 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. Councilman 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 would now be 4.3. Mayor Mancino: Is there a second to the motion? Councilman Engel: Second. Councilman Senn moved, Councilman 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. All 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 yes so that's how we'll do it. Thank you. Todd Gerhardt: Do you want me to go through the 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 incentive program, when we approved the 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 outstanding specials for Lot 1, Block 1 are $48,077.40. Staff would ask the City Council to modify staff's City Council Meeting - November 22, 1999 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 employment base of the city, preserving and enhancing the City of Chanhassen's tax base. Their annual taxes will be approximately $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, staff would 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 from council? Todd Gerhardt: The next agreement 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. Councilman Engel: You don't have one any more. Todd Gerhardt: I don't have one. Councilman Engel: Do you want 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 hearing. Anyone wishing to address the council on this public hearing. Seeing none, let's bring it back to council on all of these. Is 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. Councilman Labatt: Second. Councilman Senn moved, Councilman 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 carried 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 session, in years past we have generally segregated our debt into two or more issues. This year we have consolidated the issue into a single issue, Series 1999A. And I guess at this point I'll just shut up and let Dave talk. Dave MacGillvray: Good evening Mayor, members of the Council. We'd like your consideration of a 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 million 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 from 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 1% so it is significantly under market performance. I would like to note, not getting your hopes up too high but you'll see on the right hand comer here, Standard and Poors rating AAA. With that we're so, City Council Meeting - November 22, 1999 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. Bemardi certainly. Griffen has bid on the 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 investment 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 some fruit. Whereas they didn't change the rating, you look under the headline there it says outlook revised positive. What that means in the 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 the 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. Particularly with the credit rating situation. We feel very good about that and some of the physical things with the downtown, etc. so we wish you well in the 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 will be asked to execute 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 much. Councilman Senn: Move approval of the resolution awarding sale of $4.255 million 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 think City Council Meeting - November 22, 1999 that the methodology for providing prosecution contracts in the County is very favorable to all the 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 you. Any questions from council members? Then may I have a motion please. Councilman Senn: I'd like to move approval of the prosecution contract with the County, however with the stipulation that the County Attorney still follow up 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, Councilwoman Jansen seconded to approve the 2000 Prosecution Contract with the Carver 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 unanimously. 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 HOMES. Mayor Mancino: Staff report please, and Kate if you could in your slowest speech, and we'll go up or down. Excuse me, I'm signing. Answer as much as you can. I mean I'm sure that Michael and those that are here tonight know that this was the first time that we heard the questions so we will try and answer those as well as we can. If they're in written form they're certainly ones that staff can answer and e-mail to you too, but let's just start with. Kate Aanenson: It would maybe be helpful just to frame up why we're here. This was up for reconsideration for conceptual approval of a PUD. A PUD, conceptual approval does require a 4/5 vote. The staff's position on the PUD I believe has not changed. While Puke 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 your 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. The 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 frontage road is guided. It's not zoned yet. It is guided low density. Currently 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 what is to the north. The Lundgren development is a 10 City Council Meeting - November 22, 1999 PUD with the average lot size of 15. 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 Puke 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. Puke 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 would have to purchase it because it would be somehow less than value. Mayor Mancino: It would be a taking and. Kate Aanenson: In 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 way 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: I'll talk about how those numbers shake out in just a minute but that's a good question. So we've always stated that it does need a comprehensive plan amendment because you cannot do cluster zoning unless you change the comprehensive plan. Having said that, we believe the 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 twin 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 within that same number. So staff believes that, I mean they've got 166. This is all data that's available by just adding up 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 twin 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 on the north end of the wetland which is over 2 acres, the 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 number 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 an 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 showing 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 number, this number here, the 418, that has been a consistent number that they want to put on the site. Mayor Mancino: On the entire site. Kate Aanenson: Correct. Mayor Mancino: But south of 78th 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, the 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 Aanenson: Correct. Mayor Mancino: And you'll also be submitting, based on the LCA, the Metropolitan Livable Communities Act, their affordability for 2000 and 2001, not 1999 because that will be higher too as it goes up. Kate Aanenson: Right. It's built in, whatever the dollars are, sure. Mayor Mancino: Okay. Kate Aanenson: If it's built in phases, if it's Phase II, it's built in 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 because 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 Bluff Creek 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 on that north side. And the overall again, it's less, little less than what they've got based on their plan. 5 ½ units an acre for the entire project. Mayor Mancino: Kate, what's your thinking philosophically. I mean I don't want 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 up and that was on the northern side of, northern half of 78th Street it is you know guided low density. And within the low 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, the 12 acres and everything north of West 78th. 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 low 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 we work through 13 City Council Meeting - November 22, 1999 the process. Products might shift a little bit but that was one of the other reasons we supported the PUD. If it came in 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 them 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 square foot lot. Versus there's common ownership of open space through a homeowners association. Mayor Mancino: So right now conceptually, and again it's just conceptual and the conceptual PUD in that area north of West 78th Street are club homes which are, is that a twin home? Is that a classic twin home? You've got club homes and manor homes. Okay, and the manor homes? And the rental townhomes? Four units to a building, okay. So they are different than a twin home. Kate Aanenson: Correct. Mayor Mancino: Okay. Are there any 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 of a 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, we'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 working with the density transfer and allowing for greater separation and buffering by bringing it in as one project. And that's again some of the ambiguity of what Mr. 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 the 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 giving 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 ifI 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 my 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 in that area. 14 City Council Meeting - November 22, 1999 Kate Aanenson: They're probably closer to the 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 like an 8 unit, okay. So they're up 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 approximately 2 units an acre. That's how you get down to the 6 overall. Mayor Mancino: Okay. Now I'm kind of mixed up. South of West 78th Street there are 252 units in this conceptual and that's about 8 units per acre. Kate Aanenson: Correct. Mayor Mancino: Okay. The northern part is 166 units which is 4.2 units per acre? Kate Aanenson: It's 56 acres. Mayor Mancino: And that's from 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. Councilman Engel: 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 we've tried to take out the wetland. Mayor Mancino: And right-of-way. Okay. So the southern part meets the guided and the northern part. Kate Aanenson: When we updated the comprehensive plan we did indicate, as you mentioned previously that in the past we've pushed our numbers way down to accomplish some of our 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 78th we're kind of low. Councilwoman Jansen: It's actually 3 units an acre. 56 acres with 170 is 3. Councilman Engel: You're leaving the 34 off. Kate Aanenson: Okay, thank you. 15 City Council Meeting - November 22, 1999 Mayor Mancino: So 3. 3 units an acre, okay. So we're not, we're in there. We're in what's guided for both. 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 Aanenson: 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 the direction that you were going with that northern section. With that currently being zoned for single family and 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 was in working with staff on 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 we 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 Mancino: 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, 16 City Council Meeting - November 22, 1999 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 townhomes. So again just looking at those 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. I'm just giving you a caution at this point. You're starting to get into the details. Mayor Mancino: Into the details. Councilwoman Jansen: Someone asked you a question, because the other thing that arose from our conversation on Wednesday along these lines was that in order to construct this concept plan the way it is, with the town homes on the north side, we will be rezoning the underlying zoning will need to be changed from low density to medium density in order to accomplish that, correct Roger? Kate Aanenson: It's not zoned low density right now. Roger Knutson: That's the guiding. The guiding would be changed. The 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 frontage road? Or not? Kate Aanenson: Yes. 17 City Council Meeting - November 22, 1999 Roger Knutson: Yes. That's within your discretion. 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 should 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 of twin homes adjacent to that and we could accomplish it through the PUD. Mayor Mancino: Accomplish that through the 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 work on that. Mayor Mancino: Just go forward because I think we can accomplish that in the PUD. Kate Aanenson: Right. Councilwoman Jansen: I just want to make sure that we were communicating that. Kate Aanenson: Yes. Roger Knutson: It's very difficult to draw those lines on a map through a parcel to save the last 100 feet of a large parcel. You can argue about it later where exactly it is. It's better if you do the guiding on a parcel by parcel basis. The whole parcel one way or the other, if you can. Councilwoman Jansen: Understood. Mayor Mancino: But you can. Councilwoman Jansen: I think I was communicating badly what I was trying to suggest and that's if the residents are concerned about that northern frontage, north of the frontage road being changed to medium density. If we're saying we're going to encourage or guide, at least the border is to remain 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 the PUD. We can talk about he transition. Councilwoman Jansen: Yep. I just wanted to make sure that maybe that was what we were communicating at this point before we continue to move forward with townhomes along the bordering properties. 18 City Council Meeting - November 22, 1999 Mayor Mancino: Okay. Any other questions? Or comments. Councilwoman Jansen: The 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 I want to have a clear statement when we get to preliminary on how this is helping us meet our LCA goals. And I also want 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 in one area. So conceptually you know where I'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. I 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. I hope we've made and pulled everything pretty close on what we're looking for. So the motion again is to consider conceptual, to approve conceptual PUD request for mixed housing development, 414 units and we know that may change, consisting of manor homes, court homes, village homes, 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, yes. Okay, so that's the motion. With everything else that we've talked about, with the conditions of approval in the October 20th memorandum that has the recommendations 1 through 36. Is there a second to the 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. 19 City Council Meeting - November 22, 1999 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. Councilman Engel: I think that may be too detailed. 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: I 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. 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. The private streets shall be constructed to support 7 ton per axle design weight in accordance with 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 will provide wetland buffer edge signs for the 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 stormwater 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 normal 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 20 City Council Meeting - November 22, 1999 11. 12. 13. 14. 15. 16. 17. 18. 19. 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. 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 from 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 ponding areas. The applicant shall incorporate berming into the plans adjacent to West 78th 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 allowed within the right-of-way except landscaping along the frontage road in accordance with the Trunk Highway 5 Corridor Study. The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet above the 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 the City with detailed haul routes and traffic control plans for review and approval. The applicant/property owner shall petition the city for sanitary sewer service. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the 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 Blvd and a full shared access off West 78th Street with the parcel to the east. The exact location of the access points are subject to City and MnDOT review at time of site plan review. Cross access agreement will be required at time 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 sidewalk/trail system south of West 78th Street which will loop back out to West 78th Street. Sidewalk/trails shall also be provided along the public streets north of West 78th 21 City Council Meeting - November 22, 1999 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 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 the developer entering into an encroachment agreement with the city and the medians do not pose a traffic safety issue. Future extension of the north/south street is not needed. Shorten street to minimize impacts to wetlands and trees provide cul-de-sac. Each housing area shall become a neighborhood with some distinct characteristics with more specifics on the material being used. The commercial 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 meet daily needs. A road be tied into the two access points on West 78th Street to give a better sense of order. The applicant shall be required to maintain these preserved areas when the preliminary plans are submitted. Criteria must be established to determine which wetland classification best suits this area before a setback can be established. Preservation of the wood lots on the property. Construction of the interior trails as association connectors at the applicant's expense. Construction of the wetland trail as a comprehensive trail segment with appropriate public easements being granted and trail dedication dollars used for construction. Plans submitted for the manor home and rental townhouse totlot prior to approval. 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. A more creative approach in dealing with the same or less density south of the frontage road but maintaining affordability. A creative approach to the intersection of Highways 5 and 41 in terms of the ponding, aesthetic, attractiveness to tie into the Arboretum and the feel of Chanhassen. The Planning Commission is looking for more connectivity in terms of pathways, green spaces, and playground areas in the plan. 35. More detailed vision of the commercial area. 22 City Council Meeting - November 22, 1999 36. Preparation of Environmental Assessment. 37. Comply with the requirements of the Highway 5 Corridor Study and the Bluff Creek Overlay District. All voted in favor, except Councilman Labatt who opposed, and the motion carried with a vote of 4 to 1. 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, if I 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 two 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 the 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 summer, 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 your 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 in 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 we 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 from 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 for 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 the experience of the sergeant in developing, utilizing and interpreting the data, the performance measure data that we're going to put into the contract so obviously that means, personally I 23 City Council Meeting - November 22, 1999 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, I 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. 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. Any 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 for 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 when he said he had them already on file so. Scott Botcher: And I will call him tomorrow. Mayor Mancino: I'm assuming the work plan and performance measurements will be completed by the 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 I'll give staff the authority to resolve Exhibit A and B with any equipment which the sheriff's office is not taking to be you know disposed of or whatever and that we, that the contract leave open then future second amendment. Scott Botcher: It doesn't even have to. We'll bring it back. Councilman Senn: Alright. Okay, but the second amendment which deals with performance measures will be back to the council before March 31, 2000. Scott Botcher: That's our goal, yes. Councilman Senn: That's it. Councilwoman Jansen: Second. 24 City Council Meeting - November 22, 1999 Councilman Senn moved, Councilwoman Jansen seconded to approve the 2000 Contract for Police Services as amended by the City 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. Mayor Mancino: Any questions on correspondence? Councilman 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. Councilman Senn: I wanted to, if everybody in the council hasn't, I would 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 Powers Boulevard repaving? Councilman Senn: I 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: I do want you to know, which scares me to death. I sort of saw the same thing. Any other comments? Councilman Senn: Hang on one sec. Sorry. Mayor Mancino: And I'm sorry, I did not read the definition of sex offender requirement information yet so. The article on reserves was great. Yeah, theory vs. practice. I thought that was excellent because we were always told not to put a contingency fund together. Anyway. Councilman Senn: I thought I had one more but I can't find it. Mayor Mancino: Steve, you had some things? Councilman Labatt: No... 25 City Council Meeting - November 22, 1999 Councilman Engel: I have something.., that just came up tonight as a result of this neighborhood, north of Puke. 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 from an informational and a statistical and a data perspective, to one person. They are thoroughly confused now. They're getting answers from 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 we 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 the confusion comes from after that. Where's the other numbers coming from? Mayor Mancino: Well it's always hard when you're at conceptual too. Councilman 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 Puke 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 Jansen: And the confusion that Kate is trying to identify here is that there's a discrepancy between Puke's numbers and staff's numbers and that's where the neighbors are getting confused. That Puke 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 Puke were even talking about tonight. Trying to get the 41 and the 30 clarified. Scott Botcher: For purposes for...and I guess ifI were you all, I'd, I mean I'm sort of with Mark's that says, Kate is the professional in this thing. And Puke, I agree. Puke's numbers would confuse any neighborhood. Councilman Engel: Yeah, their numbers don't count as far as I'm concerned. Kate's numbers are what count. 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. Councilman Engel: It would be helpful though to tell them from now on, I mean like you say, Puke's numbers, and I'm not trying to. I'm not disrespect them. They don't count. Kate's numbers count... Scott Botcher: And I'm trying to communicate with some of the key leaders so to speak in the neighborhood 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 the phone and talk to you. And I have had lengthy conversations with some of the neighbors. If I don't know the answer I go get Kate but I think that's happened. I just think it's tardy. 26 City Council Meeting - November 22, 1999 Mayor Mancino: Well and I would just like to add that I do think it will continue to happen and we probably need to talk about this a little bit more at a work session. Especially when you have a rezoning to a PUD so. Scott Botcher: This is for whatever it's worth, 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 tums to it. Councilman Engel: We're months from... Scott Botcher: And so this, you know. Councilman Senn: The baby's only starting to take form. You're far from birth. Councilman 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 I had a couple things, just for what it's worth. NSP. I did talk to NSP. They are going to have Y2K staffing the night of the 31st, if anybody cares. And they are painting all the high power transmission lines in Eden Prairie and Chan next year. Those blue ones that have paint peeling .... look out your windows you can see nicely, newly painted poles. It's just something, they asked when I met with them, they said what can we do better? I said paint your damn poles. They called back and said we're going to paint them next year in 2000 in Eden 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.m. Submitted by Scott Botcher City Manager Prepared by Nann Opheim 27