13. Public Hearing Date for Proposed Housing Plan I .
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I - CITYOF
j CHANHASSEN
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�� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
'r^ic?s by City Admf .trtar
IMEMORANDUM ; ,,;R✓ / '_YY
TO: Mayor and City Council , _ TM
IFROM: Todd Gerhardt, Administrative Assistant ,' .474/ e--__...
DATE: April 21, 1988
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SUBJ: Resolution Establishing a Public Hearing Date for a
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Proposed Housing Plan and Program
On March 24, 1988, the Chanhassen Housing and Redevelopment
I Authority came to agreement with the Chanhassen Downtown
Development Association regarding the construction of a sixty
unit apartment complex in the downtown area. To make the housing
I project work, tax exempt bonds are required. These bonds are
solely backed by the rents from the apartment complex and cannot
become a liability of the City of Chanhassen. The sale of these
bonds is similar to the old industrial revenue bonds.
11 On June 15, 1987 , the City Council gave preliminary plan approval
for a 60 unit apartment building ( see attachment #1) . If any
11 Council member would like to see the preliminary site plans for
the porject, please call me prior to Monday night' s meeting.
For Heritage Square Investor Limited Partnership to sell the
I bonds, the City must incorporate a housing plan and program.
Attached is the resolution establishing the date of June 13, 1988
for the public hearing on the proposed Housing Plan and Program
Iand necessity to issue revenue bonds.
Recommendation
1 Staff recommends approval of the resolution establishing
June 13, 1988, as the public hearing date for the proposed
Housing Plan and Program, and to give preliminary approval for the
1 issuance of bonds to finance the 60 unit apartment complex.
Additionally, staff should be directed to prepare a Housing Plan
and Program.
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CITY OF CHANHASSEN, MINNESOTA
RESOLUTION NO. I
RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING ON A PROPOSED HOUSING PLAN AND PROGRAM
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C;
AUTHORIZING PUBLICATION OF NOTICE THEREFOR, AND
GIVING PRELIMINARY APPROVAL TO A PROPOSAL FOR A
PROJECT TO BE FINANCED THEREUNDER
WHEREAS, Minnesota Statutes, Chapter 462C (the "Act"), authorizes a city 1
to plan, administer and make or purchase a loan or loans to finance one or more
multifamily housing developments or the rehabilitation of multifamily housing
developments after adoption of a housing plan; and ,
WHEREAS, the housing plan must be considered at a public hearing held
after notice published at least thirty (30) days prior to the date of said hearing
after which the housing plan may be adopted by resolution of the governing body of
the city with or without amendment; and
WHEREAS, the Act requires that any such housing plan shall be submitted to I
the metropolitan council for its review and comment; and
WHEREAS, the program for the issuance of bonds to finance a multifamily
housing development must be considered at a public hearing after notice published
at least fifteen (15) days prior to the date of said hearing after which the program
may be adopted by resolution of the governing body of the city with or without
amendment; and
IF
WHEREAS, the City of Chanhassen (the "City") has received a proposal from
Heritage Square Investors Limited Partnership, a Minnesota limited partnership
IF
(the "Developer") that the City adopt a program to issue its multifamily housing
revenue bonds in an amount presently estimated not to exceed $3,000,000 (the
"Bonds") to finance the acquisition of land and construction of an approximately 60
unit multifamily rental housing development (the "Project") to be located at the
Southwest corner of the intersection of Great Plains Boulevard and ChanView
Street;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CHANHASSEN, MINNESOTA, THAT:
1. The City Council of the City of Chanhassen (the "City") will conduct 1
a public hearing on the proposed housing plan on June 13, 1988 at 7:30 p.m.
2. The City Manager of the City is hereby authorized to cause a public I
notice, substantially in the form of the notice attached hereto as Exhibit A, to be
published once in a newspaper of general circulation in the City at least thirty (30)
days prior to the date established for the public hearing by the preceding paragraph
of this resolution.
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I 3. The City Manager of the City is hereby authorized to proceed, in
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cooperation with the law firm of LeFevere, Lefler, Kennedy, O'Brien & Drawz with
I the preparation of the housing plan and program relating to the Project, for
presentation to this City Council at the public hearing herein authorized.
I 4. That the City Council of the City hereby preliminarily approves the
proposal of the Developer for the financing of the Project through the issuance of
the Bonds, subject to the final approval of the terms of the Bonds and the related
I documents among the City, the Developer and the initial purchaser of the Bonds, to
the compliance with all requirements under the Act, and to the receipt by the City
of an allocation of authority to issue the Bonds pursuant to Minnesota Statutes,
Chapter 474A. Notwithstanding the foregoing, the preliminary approval granted
I hereby shall not obligate or commit the City to issue the Bonds, and the City
reserves the right at its discretion to withdraw or refrain from participating in the
financing of the Project at any time.
I5. All fees and expenses incurred by the City in connection with the
preparation of the housing plan and program for the issuance of the Bonds shall in
any event be paid or reimbursed by the Developer.
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ADOPTED: , 1988
I ATTEST:
Mayor
ICity Manager
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EXHIBIT A I
NOTICE OF PUBLIC HEARING ON A HOUSING PLAN
UNDER MINNESOTA STATUTES, CHAPTER 462C, AS
AMENDED, INCLUDING A PROGRAM TO FINANCE A
MULTIFAMILY HOUSING DEVELOPMENT.
CITY OF CHANHASSEN, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of
Chanhassen, Minnesota (the "City") will meet on June 13, 1988, at 7:30 p.m. at the
City offices in Chanhassen, Minnesota, for the purpose of conducting a public
hearing on the adoption of a housing plan for the City prepared in compliance with
Minnesota Statutes, Chapter 462C. The plan includes a program to finance the
cost of a multifamily rental housing development consisting of the construction of
a 60-unit multifamily rental housing development. The Developer of the Project
will be Heritage Square Investors Limited Partnership, a Minnesota limited
partnership, or its successors or assigns, which will own and operate the Project.
The proposed Project will consist of the construction of a building and the
installation of equipment in connection therewith for use as a 60-unit multifamily
rental housing development. The site of the proposed Project is located on the
southwest corner of the intersection of Great Plains Boulevard and Chan View
Street in the City of Chanhassen. The size of the bond issue proposed for the
Project is presently estimated not to exceed $3,000,000. The bonds shall be limited
obligations of the City and the bonds and interest thereon shall be payable solely
from the revenues pledged to the payment thereof, except that such bonds may be
secured by a mortgage and other encumbrance on the Project. No holder of any
such bonds shall ever have the right to compel any exercise of the taxing power of
the City of Chanhassen to pay the bonds, or the interest thereon, nor to enforce
payment against any property of the City except the Project. 1
All persons interested may appear and be heard at the time and place set
forth above.
May 5, 1988
BY ORDER OF THE CITY COUNCIL
OF THE CITY OF CHANHASSEN
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CERTIFICATION OF MINUTES
' RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING ON A PROPOSED HOUSING PLAN AND PROGRAM
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR
Municipality: City of Chanhassen, Minnesota
Governing body: City Council
' Meeting: A meeting of the City Council of the City of Chanhassen,
Minnesota held on the day of
1988 at p.m. at 690 Coulter Drive, Chanhassen,
' Minnesota.
Members
present:
' Members
absent:
Documents: A copy of a resolution adopted by the City Council of the City
of Chanhassen at said meeting.
Certification: -
, City Manager of the City of Chanhassen, do
hereby certify the following:
' Attached hereto is a true and correct copy of a resolution on file and of
record in the offices of the City of Chanhassen, which resolution was adopted by
the City Council at the meeting referred to above. Said meeting was a regular
' meeting of the City Council, was open to the public, and was held at the time and
place at which meetings of the City Council are regularly held. Member
moved the adoption of the attached resolution. The motion for
adoption of the attached resolution was seconded by Member . A
vote being taken on the motion, the following voted in favor of the resolution:
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and the following voted against the resolution: 1
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Whereupon said resolution was declared duly passed and adopted. The attached
resolution is in full force and effect and no action has been taken by the City
Council of the City of Chanhassen which would in any way alter or amend the
attached resolution.
Witness my hand officially as the City Manager of the City of Chanhassen,
Minnesota, this day of . , 1988. 1
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LAND DEVELOPMENT APPLICATION
II CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900
IIChanhassen Downtown First American
APPLICANT: Development Associates OWNER: Development Corporation
IADDRESS P.O. Box 100 ADDRESS 5100 Eden Avenue S. , Suite 305
Chanhassen, MN 55317 Edina, MN 55436
I TELEPHONE (Daytime) 934-1505 Zip Code
TELEPHONE 929-2122 Zip Code
REQUEST:
II
Zoning District Change ....72 Planned Unit Development
Zoning Appeal Sketch Plan
' Preliminary Plan
Zoning Variance Final Plan
Zoning ,Text Amendment Subdivision
I Land Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
Street/Easement Vacation
Site Plan Review
Wetlands Permit
IPROJECT NAME Town Square Apartments
PRESENT LAND USE PLAN DESIGNATION High Density Residential and Commercial
IREQUESTED LAND USE PLAN DESIGNATION Same
PRESENT ZONING CBD, R12
IREQUESTED ZONING Same
IIUSES PROPOSED 60 Unit Apartment Building
SIZE OF PROPERTY Approximately 2. 5 Acres
ILOCATION See Attached Site Plan
REASONS FOR THIS REQUEST
I
ILEGAL DESCRIPTION (Attach legal if necessary)
MAY 0 6 1937
I CITY OF CHANHASSEN
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City Council Meeting - June 15, 1987
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6. The applicant shall enter into a development agreement with the City
and provide necessary financial sureties for completion of the
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improvements.
7. Submittal of an acceptable final drainage plan including calculations II for review by the City, Watershed District, and DNR and compliance
with all applicable conditions.
8. A homeowners association shall be established to maintain the cul-de- '
sac island.
9. A culvert shall be installed within the ravine to allow drainage and
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stabilization of the area.
10. The City Engineer must approve the design of the cul-de-sac island.
All voted in favor except Councilman Johnson who opposed and motion carried. II
PLANNED UNIT DEVELOPMENT TO CONSTRUCT A 60 UNIT APARTMENT BUILDING ON 2.5 II
ACRES, LOCATED ON THE SOUTH SIDE OF CHAN VIEW, CHADDA AND FIRST AMERICAN
DEVELOPMENT ASSOCIATION.
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Barbara Dacy: The Planning Commission recommended approval of the request
subject to six conditions as noted in the Staff update. Staff is requesting
that an additional condition, a detail item that we overlooked, that all II parking areas be lined with concrete curbing. Under the City Council section
of the Staff Report, the proposed motion is left out and you just have the
conditions there but that should read that should the Council wish to approve II the subdivision that they approve it subject to the 7 conditions that are on
page 7.
Councilman Johnson: On number 7 should we say all outdoor parking areas since
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they have an indoor parking area and you don't need to put concrete curb in
the basement? I like this. I like the looks of this and-everything else. I
wish all of our apartment complexes were as nice as this. '
Councilman Boyt: There was a comment raised at the Planning Commission about
the fire protection and you indicated you are working with the Fire Marshall
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on that. Following what we just heard about the Eagan community, assure me
that we're not going to go through that.
Tom Zumwalde: I wish I could. I'm not sure what happened down at Eagan. It
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was a large complex and apparently something went ary out there. This
building, our intent is not to install sprinklers and that is fairly typical
in most apartment buildings. Typically the high rises are but not the 3
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story. It is however, has fire walls, fire partitions, it has all the
elements required to make it a very safe building. Again, I'm not sure what
happened out in Eagan. I hope nothing like that happens here. What I've
heard on the news someone was barbequing. II
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City Council Meeting - June 15, 1987
Mayor Hamilton: It was a barbeque that tipped over on a balcony on the third
floor and our ordinance already prohibits barbeques on apartment balconies.
Councilman Boyt: I don't know that we're real well prepared to fight a fire
that's very high and I'm concerned. We're building this with a wood frame and
I watched one burn down when it was in construction and they go up real fast.
Mayor Hamilton: Jim Chaffee who is our Fire Marshall could probably respond
' to your concern.
Jim Chaffee: We have discussed this issue, or at least I've discussed this
issue with the Fire Chief and Fire Inspector and we are considering and I
don't know if we brought this up but requiring sand piping which would really
help us out in any kind of fire. It would prevent any situation like happened
in Eagan and probably would not allow barbeques and charcoal grills on the
' balcony in this case. We are very concerned about that issue to make it as
safe as possible.
' Councilman Boyt: My other question is the 60 foot space loss for retail.
Brad, since you're involved with both ends of this, maybe you can tell me a
little about the consideration of that lost retail space.
' Brad Johnson: You guys remember what the overall downtown plan was and we
were going to extend the retail in a long line up and down the city. In the
process we discovered one, that there may not be an immediate market for that
' type of space in that one location and in addition to that, we also needed to
increase the amount of increments that we could generate. In other words,
build bigger buildings. So we put the apartment building in. The apartment
' building was originally supposed to be 40 units so the site plan we're working
on currently and brought to the HRA on Thursday is to change the plan and make
use of now the beautiful clock you just approved will be located right here as
' an entrance into the whole town. The apartment itself looks like the clock.
So as you come into the community you'll have that and actually have a little
courtyard located right in here. What they were concerned about is we would
not be able to set this retail strip all the way down the street. We will not
' be doing that because that's not in the plan currently. Instead we're going
to put a two story, what we'll call a medical arts building in there which we
were contacted by Dr. McCullum who is at Chanhassen Clinic and they are going
' to move their facility there if we can get the whole transactions put
together. Then we have a daycare center going in here that we will be showing
before you here in the next two weeks that will go in this location and we're
excited about all of this because it's a start doing the downtown and maybe
' hopefully getting out of that side of the street. That's the current plan.
Councilman Boyt: What are we going to do with this variance problem? I know
' I talked to Barbara earlier today. I'm not sure that I got the answer down
quite right as to the difficulty with rezoning this central business district
but that's the third issue and I guess I would like to hear a quick synopsis
' Barb on how we're going to handle this.
Barbara Dacy: Your question is, whether or not the entire site can be rezoned
[E.
to the central busines district up to Chan View. We did not recommend that to
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City Council Meeting - June 15, 1987
the applicant because rezoning the property to central business district also
includes other commercial uses. If, for some reason, the multiple family
project were to fall through, you would have commercial uses located directly
onto Chan View, directly across from the residential development. Other
avenues that were discussed with the applicant were a zoning ordinance
amendment to allow high density district around 23 units per acre and the
final option was the PUD application allowing the Council a little more
leverage in negotiating with the applicant as to establishing things like
pedestrian connections, allowing the project with the tax increment district
and requiring additional landscaping. That was why the rezoning issue was
not... _
Councilman Geving: I'm ready to approve this but I have to put this in '
because the neighbors have called me in this area. I live within two blocks
of this area and there has been some discussion and most of them have appeared
here before the Planning Commission. I think the various comments were that
it's just too much density for our area and they would have liked to have seen
a 48 or 50 unit apartment building here. I want to throw that in as a plug
for the people but I personally approve of it. I think we need the 1 and 2
bedroom units in the city and I'm all in favor. I do have to ask one
question. Whether or not this unit was projected in our downtown
redevelopment district for 60 units?
Don Ashworth: Yes.
Mayor Hamilton: I just would say that I live in the apartments across the
street from this on Chan View and those people there are anxious to see it
built because they would like to move into it so I think it's a really nice
project and I would like to see it move ahead.
Councilman Horn moved, Councilman Geving seconded to approve the PUD
application for the 60 unit apartment complex located on the south side of
Chan View with the following conditions: ,
1. A detailed utility plan showing water, sewer and storm sewer
connections, as well as fire hydrant locations shall be submitted
prior to building permit issuance.
2. A revised landscaping plan shall be submitted detailing additional
screening along the south, west and east property lines prior to '
building permit issuance.
3. A pedestrian walkway shall be provided on the site in conjunction
with the development plans for the retail projects to be developed to
the south and east of this parcel.
4. Detailed facia and signage plans shall be submitted for Planning
Commission and City Council final review prior to building permit
issuance.
5. Removal of existing single family residence including the proper
demolition procedures.
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City Council Meeting - June 15, 1987
6. Detailed lighting plans shall be submitted prior to building permit
' issuance.
7. All outside parking areas shall be lined with concrete curbing.
' All voted in favor except Mayor Hamilton who abstained and motion carried.
' CONDITIONAL USE PERMIT FOR A PRIVATE STABLE, 3530 HIGHWAY 7, DAVID OGEE.
Jo Ann Olsen: The applicant is requesting a conditional use permit for a
' private stable in the RSF district. It is going to be limited to two horses.
Staff is recommending approval. We feel that the site is screened from all
surrounding properties. Is large enough for two horses and it is reviewed
annually for the horse permit so any problems with it can be taken care of.
Staff is recommending approval with the conditions set forth.
Councilman Horn: What's the size of the stable?
Jo Ann Olsen: There are two proposed sizes but the applicant has stated that
he decided he isn't going to build any building right now if it's going to be
' a problem.
Councilman Geving: I read all the comments from the Planning Commission like
the rest of you but I really wonder what the intent of Mr. Obee is. He's
' talking about a very large building then we find out he owns a lot of
equipment and so forth. Whether or not the stabling of these two horses is -
really the issue. I don't mind him having two horses in that area. It's a
stable permit request. I have seen the letters and comments from the
neighbors but I'm most concerned about what's going to go in that building
that he's proposing. I wonder what his motive is and question that. Other
' than that, I don't know how we can issue a stable permit just to put horses
in. I don't know how that works with Mr. Headla.
Jo Ann Olsen: There is an existing building that he would 1a using for the
' stable instead of constructing a new one.
Councilman Geving: So in fact, if he had the horses he could move them in and
' use them if he had the permit? I have no other comments.
Councilman Johnson: I went out and looked at the site and noticed there are
existing stables to the west and pretty well treed area. For two horse and
' limited use of the building in there for just horse stables and stuff
associated with that, I don't have a problem with this.
' Bill Schmid: I own property directly west of Mr. Obee's proposed site. A
few years ago a few of the present Council members were here at that time and
there was a permit granted to a Mr. James Frizzell on the west side of me for
' two horses. Jim keeps the place very neat. Very clean. Very tidy.
Regardless of all that, when it rains, it smells. You can't get around it.
It's a pasture. Now there are horses on the east side and I'm very much
opposed to it 100%. There are 73 lots and I believe you have a letter from
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