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CC Minutes 1997 06 09CHANHASSEN CITY COUNCIL REGULAR MEETING JUNE 9, 1997 Acting Mayor Mason called the meeting to order at 6~37 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Acting Mayor Mason, Councilman Berquist and Councilman Senn COUNCIL MEMBERS ABSENT: Mayor Mancino and Councilman Engel STAFF PRESENT: Roger Knutson, Todd Gerhardt, Charles Folch, Bob Generous, Todd Hof'knan, Cynthia Kirchoff, and Don Ashworth APPROVAL OF AGENDA: Councilman Berquist moved, Councilman Senn seconded to approve the agenda as presented. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Berquist moved, Councilman Senn seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Approval of' 3.2 Beer License, Fourth of' July Celebration, Chanhassen Rotary Club. b. Authorization of' Joint Playground; City of' Chanhassen/ISD 276 Minnetonka West Intermediate School. c. Approval of Bills. e. Resolution #97-37: Receive Feasibility Report for Street & Utility Improvements in the North Half of Section 16 (Gateway West); Set Public Hearing Date, Project 97-1. h. Accept Donation from Chanhassen American Legion to Purchase Gas Monitoring Equipment, Chanhassen Fire Department. All voted in favor and the motion carried. D. APPROVAL OF MINUTES: Councilman Senn: On l(d) Mayor Mancino had asked me to pull that item and have her vote clarified on the issue of the Board of Adjustments vote, which erroneously I think counted her vote as a no vote. I guess when she said that all in favor say no, that was taken as a no for her and what she was asking for was no votes so she wanted her vote recorded as a yes on that. Acting Mayor Mason: Okay. With that I believe these Minutes will reflect that change. Councilman Senn: It's page 16. With that I'd move approval. City Council Meeting - June 9, 1997 Acting Mayor Mason: I'll second it. Councilman Senn moved, Acting Mayor Mason seconded to approve the following Minutes: City Council Minutes dated May 27, 1997 as amended on page 16. Planning Commission Minutes dated May 21, 1997 as presented. Public Safety Commission Minutes dated May 8, 1997 as presented. All voted in favor and the motion carried. F. CITY HALL EXPANSION, MODIFY BUDGET TO INCLUDE RETAINING WALL. Councilman Senn: (f) I just pulled because I'm not going to vote for it so you guys can do that if you'd like. Councilman Berquist moved, Acting Mayor Mason seconded to approve City Hall Expansion, Modify Budget to include retaining wall. All voted in favor, except Councilman Senn who opposed, and the motion carried with a vote of 2 to 1. G. RESOLUTION APPROVING LOCAL TRANSIT LEVY FOR 1998, SOUTHWEST METRO TRANSIT. Councilman Senn: l(g) I'd like to just make a motion to table that since it does need to be resolved tonight and would like to get more information from Southwest Metro on it. Acting Mayor Mason: Okay, the motion is to table. Do I have a second on that motion? Councilman Berquist: Second. Acting Mayor Mason moved, Councilman Berquist seconded to table a Resolution Approving Local Transit Levy for 1998, Southwest Metro Transit. All voted in favor and the motion carried. VISITOR PRESENTATIONS: None. AWARD OF BIDS: ROUNDHOUSE PARK, TRAIL AND PARKING LOT. Todd Hoffman: Thank you Acting Mayor Mason, members of the City Council. It was a week ago Friday that we opened bids for this project at Roundhouse Park to install a parking lot and to construct bituminous trails within the park. The trails are.., leads from Minnewashta Parkway, through the park, past the future playground and picnicking site and then back around to Kings Road. There's also a section of trail on the east side of Minnewashta Parkway which would act as a beach with a crossing at Kings Road and Minnewashta Parkway. The estimate for the improvements is $54,000.00. We had three bidders on the project. Excuse me, the estimate was $57,000.00. Three bidders, Expert Asphalt being the low bidder at $44,000.00. Pelhall was second at $54,700.00 and Barber Construction at $60,560.00. This project is anticipated by the neighborhood. They're anxiously awaiting improvements at Roundhouse Park and with that it is staff's recommendation that the City Council award the Round House Park trail and parking lot project to Expert Asphalt in the amount of $44,375.60. They will mobilize just after the 4th of July holiday. City Council Meeting - June 9, 1997 Acting Mayor Mason: Okay, thanks Todd. Council, any questions? Councilman Senn: No. Acting Mayor Mason: Okay, is there anyone in the audience who would like to comment on this item? Councilman Senn: Move approval. Acting Mayor Mason: The motion has been made to accept the award of bids for Round House Park trail and parking lot project. Resolution #97-39: Councilman Senn moved, Councilman Berquist seconded that the City Council award the Round House Park trail and parking lot project to Expert Asphalt in the amount of $44,375.60. All voted in favor and the motion carried. POSTAL SERVICE CARRIER ANNEX UPDATE. Don Ashworth: We're moving ahead with obtaining bids for the landscaping, trail connection and small piece of fence. I anticipate having those on the next meeting or thereafter. Part of the necessity to move quickly has dissipated in that we're now past the point in time where you should be planting, especially where you don't have watering systems in place. So what we'd like to do is get to a point where we can award the bid but not have the planting occur to September 1 st or 15th, whenever the experts recommend. So no action is required this evening, I'm sorry. Acting Mayor Mason: Okay, thanks for the update. CONSIDER APPROVAL OF TELECOMMUNICATIONS ENCROACHMENT AGREEMENT~ KMC. Don Ashworth: KMC is a large national firm providing high speed electronic services, primarily competing with what would be kind of a T- 1 service provided by telephone companies. They are proposing to lay fiber through the cities of Eden Prairie, Chanhassen, Chaska and it will go through the business parks and those areas including downtowns. They have agreed as a part of the negotiations with them to provide what's referred to as dark fiber between five municipal buildings within each of the three cities. This is a voluntary action by their part and in other regards as it deals with right-of-way issues which we can control, we feel that our consultant has done an excellent job in ensuring that performance bond, etc. are in fact in place to ensure that if there is any form of damage, that it would be repaired by KMC. Approval is recommended. Acting Mayor Mason: I'll mm it over to Council. Councilman Berquist: It looks like approval is mandated. Don Ashworth: In some ways that is true. The City Council has very little discretion. If another firm came in tomorrow wanting to do exactly the same thing, you would, you could not stop them. It would be permitted to do it. City Council Meeting - June 9, 1997 Councilman Senn: Has anybody determined how much of what can go in a right-of-way? I mean is this a bottomless pit so to speak? Don Ashworth: I think so. That's what the cities were arguing at the legislature. It was pretty clear that the legislature would not provide any means by which cities could establish any form of charges against this. They wanted not only a neutral playing field, but they wanted a no cost playing field. In the process the only thing that the cities were effecting, being able to convince the legislature that cities should have the right to be able to ensure that where boring under a street or sidewalk or whatever else was necessary to preserve that sidewalk, it did give us that right. They did not give us the right to deny companies from coming in. Councilman Senn: Even if. Don Ashworth: A whole boulevard is filled. Oh, we can establish location .... such as requiring underground. Councilman Senn: Okay. Can we, if you take the route this is going, can we require them to allow others above ground to bury in the same excavation? Don Ashworth: You can require others to bury. I doubt in the same excavation. They're going to be 18 inches deep. 24 at the very most. Councilman Senn: Oh, that's it? Don Ashworth: This is one of those V plow type of installations. I mean they're going to lay this thing at probably a rate of a mile of fiber per day. This stuff goes down fast. Councilman Senn: I thought fiber optics was relatively inflexible. So I would have thought it would have had to go below the frost barrier so to speak. Don Ashworth: My understanding, this will be kind of a direct.., how Triax has installed it in your own yard. Councilman Berquist: Are you thinking of power? Councilman Senn: Well I'm just thinking if they're going in and excavating the right-of-way and we have things above ground there that we'd like to see underground, it'd be nice to say you know here you have to make your excavation available and put the other stuff under, which I assume would then provide an incentive for the others to do it because most of that cost is going to be eliminated in the sense that the excavation's going to be taking place anyway. But if they're only going, yeah if they're only going 18 inches, it's a moot point because I'm not sure I know anybody else who only goes 18 inches. Councilman Berquist: Don, when we refer to placement of satellite antennas, each KMC is going to have one that's going to service. Don Ashworth: No, actually KMC will actually go downtown Minneapolis. Oh, that's where they would pick up. Again, realize they're only into high speed telecommunication aspects. There's a good possibility that they could get into voice communication, meaning regular telephone service. They're primarily geared City Council Meeting - June 9, 1997 though towards businesses and trying to allow businesses access to things such as the Internet and to be able to do high speed communication from business. As I understand it, the primary trunk route that they would hook into, and lead this service out to the rest of the world and back again is downtown Minneapolis. Councilman Berquist: Let me understand this sentence. Third sentence down. Cities are given very minor discretion, i.e. we could have picked some other location for the satellite in the vicinity of Dell Road but the conclusion that we did have to approve a site in that general vicinity. Are you referencing a previous hearing that we've gone through? Don Ashworth: Correct. I'm just saying that the Telecommunication Act has taken all kinds of discretion out of a number of your actions. I think that the direct burial fiber type of thing is probably the least noticeable by the general public but included in that Telecommunication Act was a requirement that other type of services such as remote telephone services must similarly be approved by you. So if we have 10 other cellular people coming in here wanting to put antennas somewhere, you have very little discretion in terms of saying no. We looked around the general vicinity of Dell Road, which really doesn't have anything to do with KMC's... It's just wrapped in with the same Telecommunication Act. Councilman Senn: I'll move approval. Councilman Berquist: I will hesitantly second it. Councilman Senn moved, Councilman Berquist seconded to approve the Encroachment Agreement with KMC Telecom. All voted in favor and the motion carried. CONSIDER APPROVAL OF GAMBLING PERMIT TO SELL PULL TABS~ FOURTH OF JULY CELEBRATION~ CHANHASSEN LIONS CLUB. Todd Hoffman: Acting Mayor Mason, members of City Council. Back on May 27th that this item was first brought to the Council. It was tabled on that evening and we're back here tonight to hopefully receive approval from the City Council for a one day off site permit for the Lions to operate pull tabs at the street dance celebration for July 3rd. The evening of July 3rd. As you're aware, the Lions contribute a percentage of their proceeds back to the community for community activities. Most recently the Lake Ann Park ballfield lights. An allocation of $100,000.00 was made. An initial commitment of $24,000.00 with a check was made and we are expecting the other allocations as time goes on. However there's one difficulty with the Pauly's site being razed, the Lions no longer have a site to operate pull tabs but they have continued to maintain their insurance and their licensing with the hopes of opening another site, a new site here in Chanhassen. To help offset the cost of their licensing and to keep up, to attempt to keep up with payments on this and other obligations, they'd like to operate this one day site at City Center Park. In the past we have operated charitable gambling operations here at City Center in the form of bingo and the annual Lake Susan fishing contest is also a charitable gaming event sponsored by the Chanhassen Chamber on City property. So there is some precedence but not for pull tabs. I know Lowell Vetter, a Lions member is in the audience if you have additional questions for the Lions. Staff is recommending approval of this one day off site gambling permit for the Chanhassen Lions. Acting Mayor Mason: I believe I'm speaking for Council on this, and if I'm not I'm sure someone will correct me. I hope the Lions understand that the issue is not, was not originally whether we are in favor of pull tabs or not. Those are, in my view, some personal philosophical issues. The issue was whether we would be allowing, what precedent we're setting by allowing gambling on city property, and we have since City Council Meeting - June 9, 1997 had some clarification on that so I think that's the point where this discussion will be going from there. Anyone on Council wish to comment further? Councilman Berquist: Well you're mostly right. I'm the instigator that originally asked that this be pulled from the Consent. I think I was. Maybe you were. It was that or we both pulled it. Pulled it from the consent agenda because philosophically we did not like to set a precedent of allowing pull tabs or continuing gambling on city owned property. The principles however in this particular case from my perspective have to be somewhat pragmatic. I wasn't aware, but I'm glad we did. I hope we haven't caused any difficulty insofar as that your resolution will be going in late. But principles have to be somewhat pragmatic. I wasn't, it never even dawned on me... another Lions member that with the closing of the Pauly's site that you had lost your really, really your only source of revenue. And in talking to the treasurer today I found out, I got a little more insight trying to find out where this is going as far as licensing and insurance and all the rest of it. Miscellaneous stuff that goes along with running charitable.., so I have a new appreciation for what the Lions go through. But it is important for me to make the point but I did not pull this because it was the Lions. I pulled it simply because it was charitable gambling on city property. I'm in agreement with everything the Lions do. It's a wonderful organization. Councilman Senn: I don't really have anything new to add to that. I mean I'll take a crack at a motion if you want. Acting Mayor Mason: Okay. If you would please. Councilman Senn: And I guess I'd like the motion to include all of this. I'd like to say insofar as the Lions have lost their normal facility with the closing and demolition of Pauly's, and in that we feel this is a special situation, especially given program commitments to the city. In that, and in that 100% of the funds raised at this activity will be going to city programs, would thereby move approval of this one time special, what do we call it, the special permit? Acting Mayor Mason: Special gambling permit. Councilman Senn: Okay. For the sales of pull tabs at the Fourth of July event. I hate to be so lengthy but that's' it. Councilman Berquist: Can I second with an amendment? The only amendment I'd like to make is that I know that there are some costs involved in maintaining their licenses and what not that's not addressed within the context of the motion. So I would like to add, or to pay costs associated with generating those charitable funds. Councilman Senn: That's fine. Okay. Acting Mayor Mason: All right, do we need to vote on the amendment first? Councilman Senn: Can't we just incorporate in? Acting Mayor Mason: Just incorporate it in? Okay. The motion has been made to approve the Chanhassen Lions Club selling pull tabs at the Fourth of July Celebration. City Council Meeting - June 9, 1997 Resolution #97-40: Councilman Senn moved, Councilman Berquist seconded that insofar as the Lions have lost their normal facility with the closing and demolition of Pauly's, and in that the City Council feels this is a special situation, especially given program commitments to the city, and in that 100% of the funds raised at this activity will be going to city programs or to pay costs associated with generating those charitable funds, the City Council approve a one day off-site gambling permit for the Chanhassen Lions Club on Thursday, July 3rd at Chanhassen's Annual 4th of July celebration. All voted in favor and the motion carried. APPEAL DECISION OF THE BOARD OF ADJUSTMENTS AND APPEALS FOR A FRONT YARD VARIANCE REQUEST~ 361 DEERFOOT TRAIL~ SCOTT WIRTH. Cynthia Kirchoff: Thank you. This item appeared before the Board of Adjustments at the last meeting, the May 20th meeting, and the Board of Adjustments unanimously denied the request. They felt that the applicant could redesign the stairs as to not constrict the rest of the deck. The applicant is requesting a variance to construct a deck in the rear of the existing home. The deck will be located approximately 23 feet from the property line that abuts Lake Riley Boulevard. This is a double frontage lot so the variance is technically from a front yard, even though it is the rear of the home. Staff has calculated the deck to be approximately 580 square feet, with the variance. The applicant has two sets of stairs on the deck and two sets of stairs are not required. One set is not even required because it's not the main entrance to the home. The applicant contends that the drainage easement which is located on this portion of the lot is constricting his stair making this rear part of the deck smaller. Staff surveyed the remaining 11 properties in the subdivision, Sunnyslope Addition, and found that they all meet current ordinance requirements for setbacks. And I believe the majority of them did have decks in the rear yard. Staff believes that the applicant has reasonable opportunity to construct a deck and use and enjoy it while maintaining the existing setbacks. And that a hardship has not been proven. Also staff believes that approving this variance could lead to altering existing standards within that subdivision and may lead to a proliferation of variances in this subdivision. Therefore staff recommends denial of the 1.6 foot variance request. Thank you. Acting Mayor Mason: Thank you. Before I ask the applicant to come up and state their case, does Council have any questions for staff at this point? Councilman Berquist: That entire subdivision was a PUD so there were some conditions applied to the PUD that were different than normal platting. Lot width, depth. Cynthia Kirchoff: Yes. Acting Mayor Mason: Councilman Senn, any questions? Councilman Senn: Not at this time, no. Roger Knutson: Mayor? Acting Mayor Mason: Yes. Roger Knutson: I'd just point out that this requires three affirmative votes. If you want to grant the variance, it requires three affirmative votes. Majority of the entire Council. One person saying no tonight. City Council Meeting - June 9, 1997 Councilman Berquist: Does one person, just out of curiosity, for informational purposes, if one person says no and it goes down in flames, can they reappeal? Roger Knutson: No. Councilman Berquist: You could not? Roger Knutson: One alternative open to you, if you wanted to do it. It's not required. If you find yourself with a split vote up here, you could table it until the other two absent Council members return. Councilman Senn: Well if it requires three votes of the Council, it would seem to me that's the decision we should leave up to the applicant. Acting Mayor Mason: Well that was going to be. Councilman Senn: If they want to wait. Acting Mayor Mason: Right. That was going to be my next question. Do you understand what we said here? Scott Wirth: Yes. Acting Mayor Mason: You need 3 affirmative votes to get the appeal so that means all 3 of us have to vote in the affirmative on this tonight and if by chance, and I have no idea at this point how the vote will be. If one of us votes no, you're done. You're through. Now your option is to table it to wait for a full Council where some mathematics tells me, regardless of how the three of us vote, your chances of it being approved, I'm not saying they are but certainly mathematically they are greater. Five. It would seem prudent, yeah. All right. Councilman Senn: I'll move to table. Acting Mayor Mason: Okay, the motion has been made and seconded to table request for 1.6 foot variance on 361 Deerfoot Trail, Scott Wirth applicant. Councilman Berquist: May I ask a question relative to this before we move on? Of the applicant. I'm just asking the Mayor if I may ask the applicant a question. Acting Mayor Mason: Sure. Councilman Berquist: Was there any, has there been any redesign thought into the stairway? Scott Wirth: About the only thing I can do is put in a spiral staircase... Acting Mayor Mason: The motion has been made and seconded to table this to the next Council meeting which would be June 23rd. City Council Meeting - June 9, 1997 Councilman Senn moved, Councilman Berquist seconded to table an appeal to the decision of the Board of Adjustments and Appeals for a front yard variance at 361 Deerfoot Trail, Scott Wirth. All voted in favor and the motion carried. SITE PLAN REVIEW FOR A 101,600 SQUARE FOOT OFFICE AND INDUSTRIAL BUILDING (HEARTLAND) ON PROPOSED LOT 1, BLOCK 3, GATEWAY ADDITION; LOCATED AT THE SOUTHEAST CORNER OF HIGHWAYS 5 AND 41, GATEWAY PARTNERS, STEINER DEVELOPMENT. Bob Generous: Mr. Mayor, City Council members. The applicant is requesting site plan review for a over 100,000 square foot office industrial warehouse building. This is the first site as part of the Gateway development. Approval of this site plan is contingent on City Council approval of the final plat for Gateway Development and also adoption of the alternate urban area wide review and mitigation plan. The applicant has responded to the Planning Commission and staff and Council's initial design standards for the overall Gateway development and I believe that they have done a good job of meeting those standards. It will be an interesting addition to the community. Staff is recommending approval of the site plan subject to the conditions of the staff report. I'd be happy to answer any questions. Acting Mayor Mason: Does Council have any questions of staff at this point? Councilman Berquist: Not I. Councilman Senn: No, not at this time. Acting Mayor Mason: Would the applicants like to have a word or two prior to a vote? You don't need to if you don't want to. Fred Richter: All I say is, I'm Fred Richter with Steiner Development. I'm here to answer any questions. I have the architect Mark Wenzell here who can give a detailed presentation if you want to look into it. I know the packet was sent out with the perspectives, the color chart and so on so you have a lot of information. Also Howard Dahlgren is here. Acting Mayor Mason: Good enough, thank you Mr. Richter. Councilman Senn: Move approval. No, I'm sorry. Acting Mayor Mason: No, go ahead. I'll second it. Councilman Berquist: Any public input? Acting Mayor Mason: Well I don't have to. Councilman Berquist: It's not a public hearing? Acting Mayor Mason: No, it's not but I certainly will if you'd like me to. Councilman Berquist: No, I just want to make sure we're doing everything right. City Council Meeting - June 9, 1997 Acting Mayor Mason: We're under new business. I think we're doing fine here. The motion has been made and seconded for a site plan review as stated in staff report. Councilman Senn moved, Acting Mayor Mason seconded to approve Site Plan/t97-6 for Heartland America, a 101,600 square foot office industrial building on Lot 3, Block 1, Gateway Business Park, shown on plans prepared by Ankeny Kell Architects, dated May 14, 1997, subject to the following conditions: The storm sewer in the rear of the building shall be redesigned to connect to the storm sewer proposed in the north/south street. The storm sewer in the southeast comer of the site shall be redesigned to drain into the proposed storm sewer along 82nd Street West. All driveway access points shall be constructed per the City's Industrial Driveway Detail Plate #5207. Erosion control fence shall be installed and maintained around the perimeter of the site except the west side until all disturbed areas have been revegetated and removal authorized by the City. Storm sewer inlets shall be protected with silt fence, hay bales or rock filter dikes until the parking lots have been paved with a bituminous surface. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. The City's boulevards must be restored with sod. If a trail/sidewalk is installed along 82nd Street West or north/south street, the site plan drawings shall be revised accordingly and include pedestrian ramps at driveway access points. Commencement of construction for this development is contingent on the recording of a final plat for Gateway Business Park. Increase evergreen plantings on northwestern and southwestern ends of building to screen loading area from road. Plant materials used shall meet minimum requirements. Revise Heartland plant schedule to reflect ordinance requirements of 7' evergreens. Each landscape peninsula must have one shade tree. Landscape peninsulas less than 10 feet in width must have aeration tubing installed. 10. The buffer yard requirement along the north/south road and 82nd Street is buffer yard B. The applicant shall install 17 overstory, 35 understory, and 52 shrubs along the north/south road and 5 overstory, 11 understory, and 16 shrubs along West 82nd Street. 11. Watermain shall be looped and extended to the west side of the building. Hydrant spacing shall not exceed 300'. Contact Chanhassen Fire Marshal for exact locations of additional fire hydrants. 10 City Council Meeting - June 9, 1997 12. No Parking Fire Lane signs and yellow curbing shall be provided. Contact Chanhassen Fire Marshal for exact locations of signage and painted curbing. Pursuant to Chanhassen Fire Department/Fire Prevention Policy 06-1991. 13. Install a post indicator valve on the water service coming into the building. Contact Chanhassen Fire Marshal for exact location. 14. When fire protection including fire apparatus access roads and water supplies for fire protection is required, such protection shall be installed and made serviceable prior to and during the time of construction. Pursuant to 1991 Uniform Fire Code Section 10.502. 15. The building must comply with Chanhassen Fire Department policy regarding premise identification. (Copy enclosed.) Pursuant to Chanhassen Fire Department/Fire Prevention Policy #29-1992. 16. Comply with Chanhassen Fire Department policy regarding maximum allowed size of domestic water service on a combination domestic/fire sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #36-1994. 17. Comply with Chanhassen Fire Department/Fire Prevention policy regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #04-1991. 18. Comply with Chanhassen Fire Department/Fire Prevention policy regarding pre-fire plans. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #07-1991. (Copy enclosed). 19. Comply with Chanhassen Fire Department/Inspections Division policy regarding water service installation for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. (Copy enclosed). 20. Comply with Chanhassen Fire Department policy regarding fire sprinkler systems. Pursuant to Chanhassen Fire Department/Fire Prevention Division #40-1995. (Copy enclosed). 21. The applicant shall add painted panels with reveal edge to mimic windows which shall be continued on the north and south elevations. 22. Pedestrian access shall be provided from the site to the public sidewalk and trail system on West 82nd Street and out to the north/south street. 23. The applicant shall provide areas for bicycle parking and storage on site. All voted in favor and the motion carried. Fred Richter: We were prepared though. Acting Mayor Mason: I knew you were. 11 City Council Meeting - June 9, 1997 CITY CODE AMENDMENT REQUIRING DEVELOPERS TO REIMBURSE THE CITY FOR UPDATING CITY BASE MAPS, GIS DATA BASE FILES~ AND CONVERTING PLAT AND RECORD DRAWINGS. Don Ashworth: Staff recommends that this item be tabled. Acting Mayor Mason: And so it shall be. Councilman Senn: Move for tabling. Councilman Berquist: Second. Councilman Senn moved, Councilman Berquist seconded to table City Code Amendment requiring developers to reimburse the City for updating City Base Maps, GIS Data Base Files and Converting Plat and Record drawings. All voted in favor and the motion carried. COUNCIL PRESENTATIONS: SET DATE FOR VISION MEETING~ ACTING MAYOR MASON. Acting Mayor Mason: Under Council Presentations it says here I'm supposed to set a date for vision meeting. I am loathe to do that with 2/5th of Council not here so I'm not going to. ADMINISTRATIVE PRESENTATIONS: Don Ashworth: I'm sorry I didn't make it down in time for approval of the agenda, but we did have a work session with the County and Julie Fricke. The County is meeting tomorrow. They were wondering if there's any way that there could be a motion in support of Julie Fricke proceeding to study housing opportunities within the City of Chanhassen. If the program she works out you don't like, you don't have to approve it. She just wants to know that the City is supporting a joint effort with the County to look at housing opportunities. So a motion to that effect is recommended. Councilman Senn: I would move insofar as the City is in support of creating affordable housing and in that the County is examining programs which would help us do that. We would like to support the County in their efforts to investigate those options on the basis that any of those options would be brought back to the City for approval or disapproval before proceeding. Don Ashworth: I will ensure that the wordage is just as you stated it. Acting Mayor Mason: I'll second that motion. Any further discussion? Councilman Senn moved, Acting Mayor Mason seconded that the City Council is in support of creating affordable housing and in that the County is examining programs which would help us do that, the City Council would like to support the County in their efforts to investigate those options on the basis that any of those options would be brought back to the City for approval or disapproval before proceeding. All voted in favor and the motion carried. Acting Mayor Mason: Anything else under Administrative Presentations, Don? Okay, next section. 12 City Council Meeting - June 9, 1997 ADMINISTRATIVE SECTION DISCUSSION. Councilman Senn: Did you say the Mayor's letter was in here? Don Ashworth: No, it was not. I did do it, I think that was Friday so I apologize. No, it was not in here. I meant to distribute it. Acting Mayor Mason: Any discussion under Administrative Section? I have none. Councilman Senn: I already talked to Roger and Todd about the Chanhassen Bowl thing so there's no sense being repetitive there. A question for Don on the deal that Lindahl is doing. Okay. Now that's an ISTEA application also, right? I mean as I'm understanding that letter. Don Ashworth: I think ISTEA would be an alternative, wouldn't it Charles? But I think he's basically looking for any way that they can get money. Charles Folch: That's correct. ISTEA is an opportunity to possibly obtain financing ahead of a potential turn back funding schedule. So that's their intent is to make application, which are due this July. July 30th. That way if they're successful they would know early this fall whether they've received that funding. Then they could proceed with scheduling the construction of, officially scheduling the construction of projects. So it's an alternative. If it doesn't go through. Councilman Senn: Oh, we're talking two different things. Well, let me help you because we are and we aren't. No, but you're going right to the source of my question so we'll just skip over it and get to it. Okay. There's an application in here going in for 212 as an ISTEA grant. And there's also what we've discussed TH 101 going in as an ISTEA grant. Okay. It seems to me we need to take a definitive priority position on that issue so one application does not detract from the other and it is clearly understood what our endorsements or whatever is behind as it relates to which of those two would be a priority under... relating to our City. Don Ashworth: I will bring that item back on your next agenda. I think I'm going to apologize from the standpoint that the dollars Lindahl has looked to from kind of day one until now, besides the toll road issue, has been this demonstration grant funding. And I don't know or I don't believe that that's tied in with ISTEA. I think that's two separate pools of money. Charles Folch: There's actually three categories of funding within ISTEA. The demonstration category I believe is different than the other two categories so, but we'd have to verify that. Councilman Senn: The letter doesn't delineate so I'm just saying let's get knowledgeable on it and make sure we make that clear ourselves so there's no misunderstanding on that. Acting Mayor Mason: Makes sense. Councilman Senn: Okay. Acting Mayor Mason: Anything else? 13 City Council Meeting - June 9, 1997 Councilman Senn: The only other one I had was on the '97 TIF Bill in here. Don, could we get a report maybe next work session on the effect of the new tax reform packet which has now been signed? And it's lets say affects or whatever on our districts. I mean it's probably not going to make much difference on the new districts but our old district where we were planning on certain excesses. You know those excesses will now be decreased given the cuts, especially in the C & I of what, almost 12% or whatever so maybe I'm ahead of you on this issue and I don't mean to be but could you look into that and kind of just bring a report back to us in terms of net effects of the tax law changes on our TIF forecast and issues. The rebate, as I understand it, will have no effect because I mean that's coming out of the surplus. Okay, but the CI cuts that were passed, well residential and CI cuts that were passed, are not coming out of the State reserves. There's been a fund set up for $2 million to fund any shortfalls that it creates in cities but it's also understood that $2 million isn't going to go anywhere in relationship to the problem so I mean, I just wondered if we had kind of done our forecasts and look at that and could you share that with us maybe at the next work session. Don Ashworth: I'll be happy to. The League of Minnesota Cities, AMM are both putting on workshops throughout the state letting cities know various laws that changed and affects those. It'd almost be nice if I made sure I had attended one of those before I brought the item back. The other thing is, I don't know that there's nearly going to be that great of an impact. My understanding is that it went from a tax rate of 4.8% is what you currently estimate. Councilman Senn: 4.6 before on C & I. Don Ashworth: I thought it was 4., is that right? Councilman Senn: 4.6 to 4. Todd Gerhardt: 4.6 to 4 .... Councilman Senn: Right, which is a 12% difference, right? Or I think it's around 12%. Right about that. Don Ashworth: I will get that information. Todd Gerhardt: Just so you leave here comfortable. All our agreements with people are pay as you go. Whatever they generate in increment. On the other side, we still have to look at our debt forecast. Councilman Senn: Well our old district isn't much pay as you go though, right? Todd Gerhardt: It's all pay as you go. Councilman Senn: Does the first district, the early on one, the downtown district? Todd Gerhardt: Byerly's... Councilman Senn: All right, good. Acting Mayor Mason: Anything else? Councilman Senn: No. 14 City Council Meeting - June 9, 1997 Acting Mayor Mason: May I have a motion for adjournment? Councilman Berquist moved, Councilman Senn seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 7:17 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 15