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CC Minutes 1996 06 24CHANHASSEN CITY COUNCIl, REGULAR MEETING JUNE 24, 1996 Mayor Chmiel called the meeting to order at 8:00 p.m. The meeting was opened with the Pledge to the Flag. COUNC[LMEMBERS PRESENT: Mayor Chmiel, Councilman Berquist, Councilwoman Dockendorf, Councilman Mason and Councilman Senn STAFF PRESENT: Don Ashxvorth, Roger Knutson, Kate Aanenson, Charles Folch, and Todd Gerhardt APPROVAL OF AGENDA: Councilwoman Dockendorf moved, Councilman Mason seconded to approve the agenda as presented. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Mason moved, Councilman Berquist seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Resolution #96-51: Approve Gambling Permit, Harvest Festival, St. Hubert's Church. b. Ordinance Amending Chapter 14 of City Code Concerning Park Rules Allowing Police K-9 Dogs in City Parks, Final Reading. d. Approval of Bills. e. Planning Commission Minutes dated June 5, 1996 f. Approve Settlement for Easement Acquisition, Jesberg Property, Lyman Boulevard/Lake Riley Improvement Projects. All voted in favor and the motion carried. VISITOR PRESENTATIONS: Conrad Fiskness: I'm Conrad Fiskness, President of the Riley/Purgatory/Bluff Creek Watershed District. Two years ago at the 4th of July event up here, one of the residents of Chanhassen asked me for a map of the trails in the area, and of course xve didn't have one but it struck me that it might be a good idea to develop something like that. Furthermore, we're required to provide information to the public about the watershed district so we embarked on a project to develop a map of the trails in our district. Thought we'd have in time for the 1995 map. Well, I got it at 5:00 this afternoon. It was a little bit bigger project than what we bargained for but you folks have the distinction of being the very first recipients of our map that we've had in our hands for 3 hours so I'd like to present a map to each of the Council members. And we won't leave out the rest of the staff either so. Just one addition, we are going to be up at the center here on the 3rd and we will be handing these out to the general public so...thank you. Mayor Chmiel: Appreciate it very much. Conrad Fiskness: them down. And if anybody else who wants them here, I brought a box so I guess I'll just start passing City Council Meeting - June 24, 1996 Mayor Chmiel: Okay. Are there any other visitor presentations? Seeing none, we'll move right along with the agenda. PUBLIC HEARING: APPLICATION FOR ON-SALE BEER AND WINE LICENSE, BYERLY~ RESTAURANT~ 800 WEST 78TH STREET. Mayor Chmiel opened the public heating on this item Don Ashxvorth: This item was considered by the City Council approximately two weeks ago. Tabled to ensure that the property owners adjacent to the property xvere notified. That notice was mailed and staff is continuing to recommend approval. Mayor Chmiel: Okay, thank you. Is there anyone wishing to address this specific project at this time? If there are concerns, this is the time for you to come forward and indicate your position regarding this application. If seeing none, may I have a motion to close the public hearing. Councilman Berquist moved, Councilman Mason seconded to close the lmblic heating. All voted in favor and the motion cartied. The public heating was closed. Mayor Chmiel: Any discussion on this Steve? Councilman Berquist: I really don't have any problems xvith it. I'm a little bit surprised ~vith the application but no, I don't have any problems with approving it. Mayor Chmiel: Okay. Colleen. Councilwoman Dockendorf: Nothing. Councilman Mason: None. Mayor Chmiel: Mark. Councilman Senn: None. Mayor Chmiel: Okay, can I have a motion? Counoilman Mason: I xvill move approval for the request for on-sale beer and wine license for Byerly's at 800 West 78th Street. Councilman Berquist: Second it. Councilman Mason moved, Councilman Bcrquist seconded to approve the request for an on-sale beer and ~vine license for Byedy's Restaurant conditioned upon receipt of the following documents: a $5,000.00 surety bond, a certificate of liquor liability insurance, and the license fee of $280.00. All voted in favor and the motion carrled~ City Council Meeting - June 24, 1996 PUBLIC HEARING: ADOPTION OF A PROGRAM FOR DEVELOPMENT DISTRICT NO. 5 AND A PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5-1. Public Present: Address Sandy Eastling Stephanie Morrow Douglas Volkmeier 7285 Pontiac Circle 6673 Mulberry Circle 6691 Mulberry Circle Todd Gerhardt: Honorable Mayor and City Council. Attached for your consideration is the creation of a new tax increment financing district and Plan No. 5-1 in Development District No. 5. Under this plan the city would be proposing to assist 35 of 76 units within the Rottlund development called North Bay. Staff is proposing 18 units be designated for first time home buyers with a price range of $88,000.00 to $95,000.00, with a combined net income of not more than $43,000.00. The remaining 17 units would have a price range of $105,000.00 to $115,000.00 and a combined income of not more than $54,600.00. All the units would also have a recapture policy where the homeowner xvill only receive the annual consumer price index over a 10 year limitation. Plus realtor costs on the resale of the property. The proposed development currently pays $7,166.00 per year and based on our estimate, once the development is fully completed, we ~vould capture $60,481.00 to assist annually to assist in writing out these home values. The total estimated amount of taxes captured through the life of the district is around $1.5 million. The total obligation to Rottlund is as follows: The city is proposing to assume $350,000.00 worth of sewer, water and roadway improvement costs against the site as part of the Lyman project. The land write down to further reduce the housing project cost of $400,000.00 and this would be under a pay as you go program. Total incentives to Rottlund are estimated at $750,000.00 with administrative costs for staff is roughly $75,000.00. Staff has also had conversations with the school district and they have expressed their concerns. They do like the feel of this project. However, they do have regrets in losing out on those tax dollars. As some of the people that might live in these homes would probably send their kids to the school district. Staff has talked with the school district, in talking about the joint tax study that we're working on and looking at further impacts of creating districts like that and we may be trying to find other alternatives that might not affect them as much. With that, staff would open it up to the public for any questions or concerns they may have regarding the project. Don Ashworth: Mr. Mayor? I should note for the record that we did receive a letter from the school district and I have distributed a copy of that to the City Council. It is dated June 21, 1996. Mayor Chmiel: Okay. Has everyone had an opportunity to read that? Okay. Is there anyone else wishing to express their opinion in regard to this project? Please come forward and please state your name and your address. Sandy Eastling: My name is Sandy Eastling. I live at 7285 Pontiac Circle. My husband and I have lived in Chanhassen since we married in 1987 and since we've lived here almost 9 years, we've seen phenomenal growth and development in the city of Chanhassen. In addition our family has occurred with phenomenal growth...too, and we're going to be a family of 6 shortly. I'm a stay at home mom and my husband and I are prevented from finding more adequate housing within Chanhassen, partially due to the high housing cost in town. We jokingly refer to our. townhome development, which is older, a's the only affordable housing in Chanhassen so it is with hope and relief that I encourage the approval of TIF districts specifically geared for families such as our's with City Council Meeting - June 24, 1996 our specific needs. Perhaps with the proposed subsidies we would be able to provide our family with adequate housing and still live within Chanhassen, xvhich is what xve would like to do, and we'd like to continue to raise our family here so I am very encouraged and very hopeful that maybe we could stay here instead of having to move far away. Thank you. Mayor Chmiel: Thank you Sandy. Is there anyone else,9 Okay, if not we'll bring it back to Council. Steve. Councilman Berquist: I had talked with Todd this afternoon on some questions I had had and he answered what I've asked him. I wondered whether the real estate taxes were going to be based on the written down amount or the assessed value and he stated that they probably would be on the purchase price. Did you ask Orlin that question? Todd Gerhardt: I didn't have an opportunity to call him yet today but I can do that and get a memo back to you. Councilman Berquist: Okay. And the other question that ! had had, with a 10 year switch if you xvill, in the document that allows the buyer to sell at the 10 year point and reap any benefits, any appreciation that has occurred. What happens to that unit in year 3.9 Year 4.9 That unit, someone buys it and they sell it in 1999 or 2002, does the unit stay in? If the unit stays in the district, does the unit remain under the affordable housing program,9 Todd Gerhardt: It stays within the tax increment district. However, they would have to pay taxes at the higher value and would not be affordable anymore. I mean if somebody came in and bought it at $138,000.00. They could sell it for you know, up and above that. It only goes to the first individual. But the difference in the recapture. Say it was one of the $105,000.00 units and it sold for $35,000.00, and you had one year of interest on there, that $29,000.00-$27,000.00 would come back to the HRA. That's the difference. They would only capture say $3,000.00 of that equity and the remaining amount would then come back to the City Council. The next home buyer qualified for the $138,000.00 so it's no longer an affordable unit. So really going in to. Councilman Berquist: If the sale price is tied to the CPI, which is part of the document, and I mean at some point the affordable, the definition of affordable housing is going to recognize the increases in the Consumer Price Index and rachet up accordingly. So conceivably in 1999 when we've had three years of 3 1/4% Consumer Price Index inflation, the affordable price would be higher. That unit would still be sold xvithin the affordable level. Todd Gerhardt: I don't knoxv if we can restrict what they can sell the home for. It's up to the open market and pay but the recapture is that the City Council would get the additional recaptured value. So if they bought the home for $100,000.00. We had $9,000.00 of CPI. So they're going to capture the $9,000.00 and say it sold for $130,000.00. You're going to get $21,000.00 back from the sale of that home. That comes back to the City Council. Don Ashworth: Which you then hypothetically could roll back into some other home to drive it in a similar fashion. Councilman Berquist: Okay. And then the other question I had, as far as bonding capacity. It's a pay as you go program. Just incentive will not, we will have no bonding capacity affected by the project whatsoever? 4 City Council Meeting - June 24, 1996 Todd Gerhardt: We are not anticipating selling any bonds. The only bonds that would be sold will be for the road project and us assuming the $350,000.00. And then through the increment generated off the project, we would take that to write doxvn and make the bond payments on that $350,000.00. Councilman Berquist: That's it for now. Mayor Chmiel: Any other? Councilwoman Dockendorf: Well I too had an opportunity to talk to Todd, but this isn't an issue that we got into this afternoon. First time home buyers, I mean generally those turn over pretty quick and my concern is that we can only, I mean we're only starting with 35 units. What are your projections on how soon affordable housing may evaporate? Todd Gerhardt: This project is not going to solve all our problems. Councilwoman Dockendorf: I realize. It's a drop in the bucket in terms of the Livable Communities. Todd Gerhardt: We anticipate this thing, we've already taken 4 or 5 phone calls from people who have heard about it and ~ve haven't had any advertising of it. And we've put them directly into contact with Rottlund. We anticipate these units going very quickly. By July of next year they'll probably all be gone. Councilwoman Dockendorf: Yeah, my concern is the turnover. Particularly if we can't control what they sell for. I realize that ~ve will, the City will reap the benefit of any appreciation in value but. Todd Gerhardt: Well with that recaptured money that you'll get over the next 10 years, you'll have this pool of money and then you can find other people with these incomes and basically try to set them up in any home anywhere. Councilwoman Dockendorf: Oh, so it doesn't have to stay in that district? Todd Gerhardt: No. Once you get the recapture, I've got to think that's non-tax increment money when it comes back to us so you can spend it any way. Councilwoman Dockendorf: And it doesn't have to be segregated into a different fund? I mean a fund specifically for affordable housing. Todd Gerhardt: That's up to the City Council. Councilwoman Dockendorf: Okay. Todd Gerhardt: If you xvant to start a first time home buying fund. Kate Aanenson: If I could just comment on that. We'll be talking about it later in the Housing Action Plan. That's one of the strategies that ~ve'll be talking about. Councilwoman Dockendorf: Oh! Well I mean we ye already approved the development in and of itself and I 'think it's a great product. It's something we don't have in Chanhassen currently and the units will be owner City Council Meeting - June 24, 1996 occupied. My only concerns are trying to keep it, or continue the program down the road, and it does show effort to the Met Council. I guess that's all the comments I have. Mayor Chmiel: Mike. Councilman Mason: I basically agree with Colleen. I think it's a good project. It is just a drop in the bucket and I think we need to continue to pursue this kind of thing. I do share the concern of School District' # 112. Even though my kids don't go in that district, I understand those concerns. And I think we need to continue to work with the County and the School District whenever we work with TIF districts and come to an amenable agreement on hoxv the taxes arc divvied up and how that works out. Mayor Chmiel: Okay, Mark. Councilman Senn: Todd, when we originally talked about this idea you know we talked about filling in...system, effectively an incentive...keep it as affordable housing. Okay, and what's been created here I mean is kind of like, we're going part way there and basically going out to the 10 year thing. Is it your plan to put, I mean this needs a lot more detail as it relates to how that system or incentive system is going to work. I mean it seems to me the best place to do that is in the creation of the district. I suppose the other, I mean the other possible place to do it would be in the development agreement but it seems to me, since this is our first one, it would make more sense to make sure it's in the district so we set the rules out real straight forwardly up front rather than as we go down the road. The part I think we're skipping is, we're kind of skipping the...that actually provides the reward or incentive to keep it affordable housing. I understand what you're doing in relationship to the resale and the money coming back and going to an affordable housing fund is created or whatever, but it seems to me we ought to have incentive right in the program which ties the value or the sale price of the house to the then defined affordable housing rate and if it is so with that, then there is no disincentive to sell, or more or less no penalty to sell or no payback. But for any amounts that it's over that amount, then I think we should have effectively as a penalty in there xvhich allows us to effectively take that unit and recreate a situation elsewhere. And that's the kind of detail I see lacking here. I mean can we spend some time and put that together and include it in here so that matrix, you know works effectively right up front. Or should we create a separate, you know working document to impose over any of these TIF districts we create. It would cover them all or what are you thinking about? Todd Gerhardt: Yeah, that's a good comment. There needs to be some more details worked out and it's one that we have to really sit down with Rottlund and figure out how they're going to be marketing these. These homes and also to put together how the flow of money back to them works. And how they're going to have legal language that you record against each of these homes to ensure that the recapture is spelled out right. There are some additional details that we will have to bring back to City Council for your approval. Councilman Senn: Your preference is to do that separately then rather than in the document creating the housing district? Todd Gerhardt: There's so many different ways you can go with it and I guess we haven't worked out those things with Mark. The tax increment plan doesn't need to have the details of that in there. The biggest thing is to show the tax impacts and what your overall budgets are for that. And in this case we're not selling bonds but bond indebtedness that you'd take on as part of the key things in the tax increment plan. The details of how you structure the documents and recording against the property don't need to be spelled out in the plan. But those were things that we will bring back to City Council so you endorse those. City Council Meeting - June 24, 1996 Councilman Senn: Because I think that's, as we talked about when we first talked about even introducing the concept. I mean that was pretty much the key part of it. We're going to enable the house to be sold for $105,000.00 even though it's worth $130,000.00. You 'know basically if the next year, Met Council change that $105 through inflation to $110, and that's what they sell it for, in my mind who cares. It's still affordable housing. But if they sell it for $120 and Met Council's only changed it to $110, I don't think the penalty should be the difference. More or less we recapture the penalty effectively. Todd Gerhardt: Well I xvouldn't have language like that. I mean I think we're going off today's rules with the $115 you knoxv, and anything of xvhat the home, the $105. The $88 to $95 would be the base and then CPI up and above that. So not using the $115. Councilwoman Dockendorf: So you're talking, I think you're talking about using Met Council's appreciation as opposed to the CPI? Councilman Senn: Well, I'm assuming using CPI, Met Council's going to have some kind of annual adjustment in their now defined level for affordable housing and I think that's, if they're not, xve should ask Met Council the question but I thought. Kate Aanenson: I believe that's xvhat they'll be doing. Councilman Senn: Yeah. And so if we tie what we do to that level, I mean I don't think we should limit the values going up, or the people who own them for the values going up but as long as what they sell it for is limited to the new, they're keeping pace effectively with inflation then, which is what they should be allowed to do. If they're going to do more than keep pace with inflation, then that's where I think ~ve should get the money back and be able to pump it effectively into. Well maybe a disincentive to sell. Councilwoman Dockendorf: That's what the point is. Councilman Senn: No, under the current way it's set up. Not until after, I mean it isn't really set up that way from day one to start that ~vay. Mayor Chmiel: But I think what Todd is saying, the additional information ~vill be brought to Council for final approval. Councilman Senn: ...separate document. Kate Aanenson: Right, because Rottlund has... Councilman Senn: Okay. So ~ve'll deal with that in an overall... Todd Gerhardt: I don't know hoxv we'll bring it back but we will bring it back. It might be just informational but I've got to think there's going to be some legal documents. Definitely you're going to have to have a private redevelopment agreement with Rottlund on this where you're going to have to approve the promissory note and the repayment of the $400,000.00 back to them so that's definitely got to come back. I was hoping to work out more of the details into that agreement also. Making them have to record each of these against the units and the language spelling out, you know you can use CPI and definitely, put language in there, if that's the Council's City Council Meeting - June 24, 1996 wishes to say would not take into account any Met Council inflationary value increases and things like that. Yeah, that would be detailed with the private redevelopment agreement. Mayor Chmiel: Don. Don Ashxvorth: Councilwoman Dockendorf's interpretation was correct though. The plan as set out, if it would produce that $21,000.00, could then be used to take and, for some other housing. It probably wouldn't be that same house but it could be put into your housing program. Potentially at that point in time used in a whole lot different fashion. In other words, to help a person with a down payment and then when they sold, they'd have to pay that back. Councilman Senn: But that's the, you're talking about effectively the excess increment or whatever, okay. Don Ashworth: Correct. Councilman Senn: What I'm talking about is something that would come into play before we even hit. Todd Gerhardt: Mark's talking about the recapture percentage on what the individual may get. You know that you don't...Met Council as a mechanism to bump up the value even higher. I think you just use the CPI as your sole source of pumping it. It's a simple procedure. I don't think to use two areas of the Met Council and CPI. I think you use, zone in on one and I'd use CPI. Councilman Senn: But I think we should really move in on Met Council because I mean that's where our responsibility lies to meet affordable housing goals. Kate Aanenson: moot. But you're getting credit at ;vhat you're getting in at. That's ;vhere the credit lies so it's kind of Todd Gerhardt: Met Council won't be making adjustments every year, do you think? Kate Aanenson: To me it's a moot issue. If you recapture it and put it somewhere else... Right, we're trying to find other opportunities. Mayor Chmiel: Well, we can find that out too. Todd Gerhardt: We'll bring that back. Decide which of the two options. Mayor Chmiel: Okay. I'm not going to take any time on this because of the fact of what everyone had said. I think xvhat Michael said about this being a drop in the bucket but we need a lot of buckets to meet the Metropolitan Council's requirements. So with that, can I have approval of creating a new tax increment financing plan No. 5-1 and development district No. 5. Councilxvoman Dockendorf: Did we close the public hearing? Mayor Chmiel: No we didn't. Councilwoman Dockendorf: I move to close the public hearing. City Council Meeting - June 24, 1996 Councilman Berquist: Second. Councilwoman Dockendorf moved, Councilman Berquist seconded to close the public hearing. All voted in favor and the motion carded. The public hearing was closed. Councilman Senn: I move approval of creation of the district. Councilman Mason: Second. Resolution//96-52: Councilman Senn moved, Councilman Mason seconded to approve the Resolution Creating Tax Increment Financing District No. 5-1 and Development District No. 5 (see Attachment//4) and direct staff to prepare a private redevelopment agreement ~vith Rottlund Homes. All voted in favor and the motion carded. AWARD OF BIDS: 1996 STREET SEALCOATING PROGRAM. Charles Folch: Thank you Mr. Mayor, members of the Council. Bids were received and opened for the 1996 street repair program. As expected only two bidders submitted bids for this year's project. They're the same two bidders we've been receiving for the last 10 years. Unfortunately bids came in a little bit higher than expected, probably due to a couple of things. One, this year's contract for the actual sealcoat work is smaller than in years past, so I think the volume discount is lost. Also we required to use a different material on some of the connecting streets with Trunk Highway 5. Basically it's an additive to help the material set up quicker and we had never used that before and our estimates for that cost were lower than what was received. I think also the aggregate cost was a little bit higher than expected also but in all, the loxv bid received was approximately $7,000.00 or $8,000.00 over what we have remaining in the budget for this year's project. Given that fact, and also anticipating that this may happen, we've provided language in the specification documents xvhieh allows the city to add or delete from the contract so as to stay within our budgetary limitations. Staff has made a reviexv of the program which the location maps are included in your packet tonight. Staff would propose that the streets listed on Figure 10 be removed from this year's program and that would delete approximately $8,000.00 and get the program, or this year's project within the program budgetary limitations. The streets listed on Figure 10 are pretty much loxv volume, dead end streets. We do not see that that would be a problem to delay their sealcoating one more year until next year. So staff would recommend that the contract work be, work scope be revised eliminating the roads listed on Figure 10. This ~vould yield a revised total bid, the low bidder Allied Blacktop of $83,290.64. Mayor Chmiel: Okay, thank you. Steve, any comments in regard to Charles' project? Councilman Berquist: No. Mayor Chmiel: Colleen. Councilwoman Dockendorf: I'll explain my ignorance but why are we proposing to do roads like Trondle and even new West 78th down near Target? I mean those are only a couple years old, aren't they? Charles Folch: Typically what you try to do is hit a new street within 4 to 5 years of when it's been paved. That's when it starts to chalk up and you'll get the first sealcoat layer which will adhere. What we're trying to accomplish in the:downtown, the stretch in front of Target was placed in '93. December of '93 so it's roughly 3 years old. What we're trying to do is to get, since we've done so many piecemeal projects in the downtown, - . 9 City Council Meeting - June 24, 1996 Market Boulevard, West 78th Street, Great Plains Boulevard, we'd like to have it all sealcoated so it all would have the same basic look so it doesn't look like a hodgepodge of patches here and patches there. Plus again the streets that we're looking at doing are at least 3 years old. So that's why you see us proposing to do the downtown with a gray granite. Councilwoman Dockendorf: Okey doke. Mayor Chmiel: Okay. Mike. Councilman Mason: None, other than I like the plan for reducing the work scope. That sounds reasonable to keep xvithin the budget. Mayor Chmiel: Okay, Mark. Councilman Senn: Looks fine. Mayor Chmiel: Okay. Councilman Mason: I will move approval of award of bids for the '96 street sealcoat program, Project//96-11 with the changes noted in the staff report, or actually in Charles' presentation. Councilxvoman Dockendorf: Who are you awarding it to? Councilman Mason: To Allied Blacktop, thank you. Mayor Chmiel: Is there a second? Councilman Berquist: I'll second it. Resolution #96-53: Cotmeilman Mason move~l, Councilman Benluist seconded to award tim bid for the 1996 Street sealcoafing program, Project #96-11, to Allied Blacktop in the amount of $83,290.64. All voted in favor and the motion carried. APPEAL DECISION OF THE BOARD OF ADJUSTMENTS AND APPEALS FOR A VARIANCE FROM ~ 10 FT. SIDE YARD SETBACK REQUIREMENT FOR THE CONSTRUCTION OF A GARAGE ADDITION~ 960 LAKE SUSAN DRIVE~ DAVE BLOOMQUIST. Public Present: Name Address Bruce Bongg Phyllis Bruss Dave Bloomquist Bill Hoover Lance & Tia Black 990 Lake Susan Drive 8624 Chan Hills Drive 960 Lake Susan Drive 1000 Lake Susan Drive 8620 Chanhassen Hills Drive No. 10 City Council Meeting o June 24, 1996 Kate Aanenson: On June 10th the Board of Adjustment and Appeals heard a request for a variance. A side yard variance from the 12 feet to 10 feet. A motion xvas made by Mr. Senn to approve it from a 12 to a 10 foot. That would require a 2.5 foot variance. The reason this is before you is, Mr. Johnson voted against it and Carol Watson abstained so we had a three way split on that. A majority of the Board is required for an action. The staff had recommended denial. There was some concern from the neighbors on this request regarding, this lot is relatively flat .... storm drainage his proposed garage. It was addressed in the report and staff is of the opinion that if the Council was to approve the variance, that a drainage swale should be put in place along the lot line of the garage. Again, the staff had recommended originally denial of this request. If you were to approve it, then again we would recommend that you add a condition regarding a drainage swale because the lot is relatively flat. To have the water go towards the street. That's all I have. If you have any questions, I'd be happy to answer them. Mayor Chmiel: Okay, Kate. Any questions from Council? If not, is there anyone here who would like to address this specific proposal7 Dave Bloomquist: My name is Dave Bloomquist. I live at 960 Lake Susan Drive. All we're basically asking for is to be able to install a garage on that side of the house. Currently out at the property, we could put a garage on the other side of the house but that...but I don't think that's really conducive to the neighborhood and that was determined not as an option... With regard to the drainage s~vale...currently is on my property. It starts basically right at the very far back corner of the property... That's about the starting point of the drainage swale. It starts right at that corner and then continues all the way to the street, ending about 3 or 4 feet from the front of the corner of the property... After rain for a couple days, you'd probably have some water in there. It's certainly below the garage line to xvhere the drainage is. It's just a matter of waiting for it to get to the street. So I personally don't see it as being an issue and I'm the only one that has to deal xvith it. I guess if someone's getting their feet wet, it's because they're on my side, on my front. I've discussed it with Mark Senn...offered suggestions for me to... Mayor Chmiel: Okay, thank you. Is there anyone else? Lance Black: My name's Lance Black. I live at 8620 Chanhassen Hills Drive North. I'm the property adjacent to this, to my back yard backs up to the side. And my main concern is the drainage. This swale does tend to come into both yards. Actually it butts up on three yards right there. It's all right in the corner. I just installed a fence and even walking down by the side of the fence, xvalking on the property it's, usually even after yesterday xvhen I was out there, it was, it's alxvays, I have a guy that cuts my yard. He calls it mooshy. My main concern, if he puts the garage you know that much closer, there's going to be more runoff from the house. From that garage that's going to come right on that property line. That you know, would back it up even more. It can be standing water back there after a good weeks worth of rain, which affects three properties back there. And that's my main concern of that, barring there would be a fire or something where people would have to get back, I just would hope there'd be enough room between the fence and the garage where someone could get to the back side of the house if that need be addressed. There was some sort of emergency that vehicles had to get back on that side of the house, and those xvould be my concerns. Mayor Chmiel: Okay, thank you. Anyone else? Phyllis Bruss: I'm Phyllis Bruss and I live at 8624 Chanhassen Hills Drive North. My back yard abuts Mr. ~ , Bloomquist's yard also and setting right next to the Blacks. I've been a resident there for 6 or 7 years no~v. I've enjoyed the openness of the area and this....encroaching the property. ' I have lots of concerns about that. 11 City Council Meeting - June 24, 1996 Where the property is, where originally put, the house would be having just a two car garage. Also I have a big concern about the drainage because it is xvet and it is very squashy back there, or mooshy as Mr. Black has stated. Also if this is approved, that would start a tremendous opening of other people are going to want to have variances for other things....I have a lot of concerns about that too. Also this was not a hardship case, as was xvritten in the report to the Planning Commission so it's not necessary for making a living and it's not necessary for the livelihood. I feel this is of most concern also. Thank you. Mayor Chmiel: Thank you. Anyone else? Bruce Bongg: Bruce Bongg. I live at 990 Lake Susan Drive. I have some concerns about the water. The water runoff. I'm not quite sure if the garage goes in, how far the swale is and how wide is the swale...water going to travel. Is it a 2 foot wide swale, running down the center of the property line? Is that, or is there a 5 foot easement for utilities? Does the water run in that 5 foot easement? That's a concern of mine. Also with the fence that the Black's put in, which they have a right to put in. I think the garage extension come any closer to that is going to...lot more crowding. Also there's a domino effect that if Mr. Bloomquist is allowed to build into that 10 foot easement, then so is everybody else. So we can open up the possibility that other lots in the neighborhood with 3 car garages, outside of the 10 foot easement, still have the option to build a 4 stall garage inside the easement. There's a homeowner across the street from me that has more square footage than Mr. Bloomquist's home, yet has managed to have a 3 car garage. That's at 991 Lake Susan Drive. So I think the problem, one of the concerns I have is the house isn't centered on the property...mentioned on the other side of Mr. Bloomquist's property and only 17 feet on the other side, on the garage side. I think the reason he xvants to build the garage is to store a boat. There's other, they've got a 3 stall garage...store a boat and then... I guess Mr. Bloomquist had mentioned that he also had the option to build, I believe he said a garage on the other side of this property. I'd love Mr. Bloomquist to build a garage on the other side of his property. I would like to see the person that buys Mr. Bloomquist's property xvhere the third stall garage is on the other side of his property. I don't think that's an option. I think it's just an idle threat on Mr. Bloomquist's part. He's pretty much be shooting himself in the foot in terms of trying to resale his home if he did something like that so. Other than that... Mayor Chmiel: Thank you. Anyone else? William Hoover: My name is William Hoover. I live at 1000 Lake Susan Drive. About 3 doors down. I'm on the Board of Adjustments at Carver County so I understand exactly what you guys are going through. Just all the things you're thinking about and trying to weigh. I'm there. The only issue, the setback, it doesn't make any difference to me. I mean either way. The issue I'd like to address is drainage. It was stated that there be a swale mandated to handle drainage. Who enforces that if it doesn't happen? If, when the construction is done and the...there's noxv a second Lake Susan there, how is that going to be taken care of?. If someone could address for me please. Mayor Chmiel: Charles. Charles Folch: Well, I think the building permit that's applied for the garage. As such, there's certain inspections that will take place. If it's noted, as it passes through the different reviews for the departments, that there's an issue xvith the drainage that's critical. Then they'll make note to make inspection of that, if necessary, to make sure that it is done properly. 12 City Council Meeting - June 24, 1996 William Hoover: Okay, when we get past that point and it still isn't done property, how's it going to...The reason I ask this is, Mr. Bongg and I were in court today spending thousands of dollars about the property line between our houses. I'm not making this a personal forum for us. There's a 5 foot difference in lot height there, and no matter which side I'm on, well the argument we're on, we can agree that the city's dropped the ball. Big time. They've done nothing. We've had it up in civil court. Extreme hard feelings. Thousands and thousands of dollars. Plans were not followed. Surveys, you 'know, let's say...want to get into personal. Surveys 2 1/2 feet off surveys. 5 feet off development plans. The city's in today arguing the plans don't count. It's okay that one lot misses the survey. You've get one creatively interpreted and we got immunity. Can't touch us. So we get back to, how do we protect the Black's and the Bloomquist's from the expense and the hard feelings that the Bonggs and I have found. Mayor Chmiel: I don't think there's an ansxver for that right now. Because we're not too familiar with your proposal. With your project as you're saying. So it'd be rather difficult to come up with any summarization on it at all. William Hoover: Well I just xvant to know ho~v the drainage s~vale and the drainage will be enforced. How it goes doxvn to the road? When it gets to this point that it's constructed, and it's a problem and good engineering and one day they say one thing and one day they do another. The plans are obviously off and they go, tough luck you know. Basically you throw the citizens to the wolves and we go... And if we had everything enforced, the approving of plans, the approval of plans, inspections department, engineering and everyone to be able to come back afterwards and say, hey. We've got a problem. This is all approved and we all agreed. Now we have a problem. Can you correct it? How do you think you're going to, if you're going to pass this variance, how are you, because we have to deal with this issue. Our issue is past. Like I say, I'm not trying to make this a personal forum. Our issue is past. How do we protect the lots from Bloomquist if you pass this variance? How is that going to change? Work from today, the argument for today is going to qualify for this and I guess unless, I would request that it be adequately addressed if the variance is going to pass. No~v like I say, I don't want to take a shot at Mr. Bloomquist, I don't care about setback one way or another but we need to protect the citizens from this. Mayor Chmiel: Many situations occur but xvho knows whether or not it's a hypothetical situation that you're indicating. Who knows? It may work just the ~vay it would be with that swale. To eliminate. I'm not sure. But I think our engineering has indicated that they would do the inspections in making sure that they would comply xvith those specific requirements. William Hoover: Well once again, they didn't do anything in our situation and like I say, they failed miserably so I guess we aren't going to get to answer on that. Mayor Chmiel: Right, and I don't think we can solve your given problem at this particular time because that's in Court. We can't even comment on it. William Hoover: I understand. I'm trying to stop another problem from occurring so all I'm saying is that, like I say, I xvasn't turning it into a personal forum. Just how do we stop it from becoming another problem and I think maybe we should install steps that would be taken and people specifically be responsible...engineering didn't work. Mayor Chmiel: Good, thanks. 13 City Council Meeting - June 24, 1996 Don Ashworth: Mr. Mayor? I mean in that particular instance we will not issue the Certificate of Occupancy for that particular structure. Without that, financing goes out the window. In addition, in previous cases such as this, I know that engineering, planning have gotten down into the details, have required that monies actually be put up to ensure that correction take place. As I note, I think that Mr. Hoover did use tonight's meeting to, for really his own personal purposes and it should be noted that he did the grading on his property. The Court found against him and he is currently appealing that decision. Mayor Chmiel: Okay, good. William Hoover: I'd like to address the issue. Mayor Chmiel: You're out of order right now. William Hoover: Excuse me. Mayor Chmiel: Thank you. Go ahead. Bruce Bongg: Mr. Bongg once again, 990 Lake Susan Drive. As a comment to Mr. Hoover's question about hard feelings. I can assure the Council that, whether there was a deviation or problems along the property line, I can honestly say I will like Mr. Hoover anyways so, that's... I don't want to do that. The Court of Appeals of District Court will be settling that. I guess the water concern there is, I guess that's a big concern for...a big concern for me too because that's going to come too close to the foundation of the garage and there are some issues that were brought up in other cases where it comes too close to the foundation, it tends to damage. Potentially damage...That's a concern... Also, I just want to stress again that the, it does open up the possibility for other people to build 4 stall garages or sheds or anything else. Mayor Chmiel: Thank you. Anyone else? Dave Bloomquist: ...like me to address that? Mayor Chmiel: If you'd like to, but we'll give you about two minutes. Dave Bloomquist: Okay. I wanted to address many of the concerns that we had now. Again, I don't plan on changing the drainage there. I mean...it's in the grass. It's only a one foot drop in 150 feet so it's not supposed to drain... There's nothing we can do xvith it. That's the site elevation. That's the site drainage that's available. There's not much you can do to improve that. With regard to additional rain coming down if I have a 3 stall garage, it's not going to make it drain more so there is no additional flowage that's coming in that side of the house. Because it all comes down to...if it's on that side of the house, it's going to come down on that side. And I don't know... With regard to access on that side of the house. They don't drive trucks, fire trucks into the back or sides of the houses. If there's some reason they needed to get back there, there's 25 feet on the other side. They mentioned...garage on the other side of the house. The opposite side. It is an option...this is the best option, so therefore a 6 inch variance on the front property line and I believe 2 1/2 feet on the back of the garage... And what would happen to the other houses in the neighborhood and 3 car garages. And with regards to other people requesting variances...through the neighborhood. Found no homes that would first of all be able to put on a third stall garage xvith a variance. Or xvithout a variance... Certainly if someone's got a house 10 feet from the property line, they can ask for a 10 foot variance because they want to put up a 10 foot garage, is not reasonable...so I appreciate it. 14 City Council Meeting - June 24, 1996 Mayor Chmiel: Thank you. You've got to remember that the proposed garage that you would be putting would eliminate the additional absorption of that soil as well, so you xvill get a more concentration of rain going down within that specific area without the absorption taking place, and I don't know what your percolation is within that particular area. Dave Bloomquist: It's poor. It's a real heavy clay. When I've tried to get into it, like to plant trees and stuff, on a hot summer day, I've used an ax to get into the soil. It took me all day to put in 13 posts...deck. Two guys grinding all day long with a post hole digger. Lance Black: It took my guy about a half hour to dig all of my posts in that area for my fence so it's. Dave Bloomquist: He's got a different post hole digger... Mayor Chmiel: Thank you. 'Steve. Councilman Berquist: Well, I've got a lot of notes here. First of all, I ~vould hope that any decision made here will be accepted by all the parties concerned with grace. I understand there's some enmities that have developed as time has gone on. As a homeo~vner~ if I was looking at my neighbor's encroaching on my property line, I'd be opposed to as well. As a matter of principle, I am not in favor of granting variances that permit encroachment on another person's property line. There are areas within Chanhassen that, just by the nature of the area that are prone to side lot variances and front lot variances. I honestly don't believe that the neighborhood that we're discussing is one of them. I have much less problems with front setbacks insofar as roads are concerned because you're not encroaching on your direct neighbors. The way I look at it, the setback was arranged when the development ~vent in and I believe, at 44 years old you learn a lot from the time you were 21 or 22 buying your first house but I believe that when a buyer buys a house, they need to be astute and informed enough to kno~v what the limitations of the property that are being purchased are. And given that I'm not, I can't go along with a variance. I was out of to~vn the ~veek that we as a Council elected to grant a 1 foot variance to a gentleman that xvanted to put a garage up in Saddlebrook. I probably ~vould not have chosen to go along with that variance either. It's the precedent setting that I have a hard time ~vith. There is no difference between I foot, I 1/2 foot, 2 foot, 3 foot, 5 foot. Encroachment is encroachment. And unless we wish to change the setbacks for the entire neighborhood, ~vhich I don't think is practical, I can't see that I'm going to be in favor of this. I just don't think that these types of variances are in the best interests of all concerned. I do want to comment on the, no I think I'11, I don't think I will. Mayor Chmiel: Okay. Colleen. Councilwoman Dockendorf: Kate, a couple questions. How close is. Kate Aanenson: 7 1/2 feet from the property line. Council~voman Dockendorf: How about from, is the fence right on the property line? So it's right on, okay. Well you knoxv I drove out there. Councilman Senn: 6 inches in front, 2 1/2 in back. Kate Aanenson: There's a 6 foot utility easement but then it'd be 7 1/2 feet. 15 City Council Meeting - June 24, 1996 Council~voman Dockendorf: Well I drove out there on my way to the meeting this evening and saw your kids playing in the sprinklers. But you're saying that it would have to be regraded to create a bigger swale so. Kate Aanenson: That would be the recommendation of the engineering. It's relatively flat. You can see the grade here. 919 back...and 918 at the street so it's relatively flat and that would be the recommendation. I mean the Mayor's right. When you put up the garage, you're accelerating water along the property line. It comes off the roof. So we'd probably put a condition in, if you're looking that way, to even a gutter system to try and control the ~vater to get it back out to the street. Councilwoman Dockendorf: Well you know, I'm looking at 2 1/2 feet and it doesn't seem like much but I think Steve really was well spoken in his philosophy and I tend to agree with it. Particularly, I don't have issues ~vhen variances are requested and nobody cares, but there's obviously some issues here in addition to the drainage. If the neighbors don't want it, I think that's a neighborhood decision and I'm not going to, in addition to there is no hardship here so I guess I'd be inclined to vote against it. Mayor Chmiel: Okay, Michael. We have it at the Council right now. You'll have to wait. Mike. Councilman Mason: I essentially agree with what Steve and Colleen have said. The issue is not how many three car garages there are in that neighborhood. The analysis in the staff report I thought was to the point. My stance on granting variances typically has been in a neighborhood ~vhere lot sizes are irregular, Red Cedar Point, Carver Beach, there are issues that are unavoidable. This development was set up as a PUD. I am inclined to agree with the people that say, if you grant, yes it is a small variance but if you grant a variance in a situation like this, that certainly does open up other variances in a neighborhood like that and I just, I'm opposed in principle on that kind of variance. Mayor Chmiel: Okay, Mark. Councilman Senn: Well I'd gone out and looked at it before we had it I guess before Board of Appeals in the first place. I guess kind of the thought process I went through was that effectively if the builder would have centered the house on the lot, there wouldn't be a problem. And I guess that's water over the dam but it sure would have been a nice easy solution. Generally tried to look at the neighborhood and found a mix of 2 and 3 car garages there. Talked with the applicant the first time I went out there and kind of asked him how he intended on going it, in terms of the garage and he was going to remove the xvall there and I simply suggested that he reduce it as much as he can reduce it and then he reduced the size of what he was looking at doing and it ended up being a 6 inch variance in the front of the garage and 2 1/2 feet in the back with the change he was making. When it came to Board of Adjustments the, I believe it's Tia Black, who I assume is Lance's wife there. She showed up. She came to the hearing and stuff and did not state that she opposed this and they are the abutting or affected property owner. She said she was concerned about the drainage issues and that sort of thing and that's part of why the, part of the motion included that any variance approval here would require staff review and approval of the drainage situation that would work there and that was part of the motion. But beyond that she did not state that they opposed it. Mr. Long showed up at the Board and was not an abutting property oxvner. He did live in the neighborhood and had some concerns and comments and I guess that probably relates to his lawsuit, I don't know. Mr. Hoover was not at the Board meeting, nor was Ms. Press. I couldn't quite hear her but I was not there either. In standing out and basically looking at the situation and talking about it with Mr. Bloomquist, you know it was real obvious that he could very easily pop the garage on the other side of the house without getting a variance or anything and I guess his family's groxving. He's looking for a way to stay in the house. Isn't really looking to move at this point. I don't know. I mean it's not 16 City Council Meeting - June 24, 1996 my position I guess to judge whether he's going to do it that xvay or not but he certainly can do it that way. That's the ~vay I was looking at it and I thought that would really be kind of, well I guess he could actually put it there or he could actually put it on the back side of the house. Either way. Create the storage he wants. Put it either way I thought it was really not in keeping with the neighborhood and I think it would upset a lot more neighbors than at least were upset at the hearing, which again nobody was really upset at the hearing other than Mr. Long who wasn't an abutting property owner anyway. The placement of the garage, the addition on the side that the garage is on leaves a lot of room still yes, on the other side of the house so I ~vasn't real worried about the emergency access hnd that sort of issue because there's more than ample room to get around there to service any potential emergency needs. The real issue in my mind came down to being the one of drainage and in my mind I could live with the variance again given the alternatives and again the motion that at least was forwarded to the Board of Adjustments ~vas to include the pretty tight handle on that by staff and basically formal approval by the engineering department of any drainage scheme. To make sure that it would not create any additional problems so that's what I felt about it at that time and I guess after hearing ~vhat I heard tonight, I really haven't changed my mind. Mayor Chmiel: Thank you. And I really have to almost agree with everybody on here to a certain point, but once you create a variance in any neighborhood, whether it be a garage or an addition to their existing dwelling for another bedroom or a den or xvhatever it might be, you can bet your bottom dollar those people are going to be coming back in to the city to request that variance be given. And once you start one, you do definitely have a given problem. And so variances are variances are variances unfortunately. And I did see that there was not any real hardship for this. I think Mark indicated that if the builder had more foresight he should have put that more in the center of that lot and that ~vould not have given him any given problem. So ~vith that, I'd like to ask for a motion. Councilman Berquist: I'll move denial of the 5 foot side yard variance request based on the staff report as detailed within the memo. Councilman Mason: Second. Mayor Chmiel: Moved and seconded. Any other discussion? Councilman Berquist moved, Councilman Mason seconded that the City Council deny the five (5) foot side yard variance request based on the findings presented in the staff report and mom specifically as follows: 1. The applicant has a reasonable use of the property with the existing home and two car garage. 2. The applicant has not demonstrated a hardship that would warrant the granting of a variance. 3. The request, if approved, xvould create a standard that deviates from surrounding properties. All voted in favor, except Councilman Senn who opposed, and the motion carried ~vith a vote of 4 to 1. 17 City Council Meeting - June 24, 1996 WETLAND ALTERATION PERMIT REQUEST FOR A PROPOSED PROJECT TO FILL A 0.037 ACRE TYPE 1-2 AG/URBAN WETLANDS AND M1TIGATE BY CREATING 0.07 ACRE OF TYPE 1-2 WETLAND. (WORK TO BE COMPLETED AS PART OF THE PROPOSED KNOB HILL DEVELOPMENT ALONG YOSEMITEh METRO AREA PROPERTIES~ INC. Kate Aanenson: Thank you. Originally the Council gave final plat approval to this contingent upon getting a xvetland alteration permit. At the time that this was being reviewed for final plat, it was noted that the wetland actually ~vent out into Yosemite. In concurrence with that, the new state law is in effect and staff was trying to figure out the way to best remedy the situation and get compliance. One of the alternatives was actually to elongate the xvetland in the back of the homes. We felt that wasn't acceptable to really compromise the utility of the back yards, so we felt a better position would be to actually do a wetland alteration permit which would be this area of wetland right here being mitigated on this side. We felt that made a better design utility for those back yards. Also we wanted to ensure that we were not, we were following the current ordinance of the eiB, as far as the wetland alteration permit, even though the Governor has signed a new law, ~ve haven't implemented that into city ordinance so this is concurrence with our ordinance as a 2:1 mitigation. The Planning Commission did recommend approval and we are also recommending approval of the wetland alteration permit. If you have any questions, I'd be happy to answer them. Mayor Chmiel: Okay, thank you Kate. Any questions of Kate at this time? Seeing none. Councilman Senn: Move approval. Councilman Berquist: That xvas fast. Councilman Mason: Second. Councilwoman Dockendorf: Do you have any questions Steve? Councilman Berquist: I had about six of them but I'm not going to ask them noxv. Councilman Senn moved, Councilman Mason seconded to approve Wetland Alteration Permit/196-3 for the proposed Knob Hill development subject to the following conditions: 1. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan requirements. 2. General Permit 17 under the Army Corps of Engineers is applicable and should be completed by the applicant. The Applicant shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. Type III erosion control fencing will be required around the existing wetlands. All voted in favor ,'md the motion carried. 18 City Council Meeting - June 24, 1996 PRELIMINARY AND FINAL PLAT REQUEST FOR LOT J, BARDWELL ACRES INTO TWO SINGLE FAMILY LOTS; 6250 CHASKA ROAD, BLACK WALNUT ACRES, WILLIAM SWEARINGEN. Kate Aanenson: On June 19th the Planning Commission reviewed this application and unanimously approved it. The applicants are requesting for the purpose of the sale of the property. It's a large lot, over 4 acres. In order to sell part of the lot on a Contract of Deed, to separate the two. What we've proposed is that this be put in outlet status at this time and if they do want to plat it, it would have to come back before the Planning Commission and City Council to become a buildable lot. So really what you're doing is allowing transfer of the property in two different forms of conveyance. The one unique situation with this is part of the lot is in Shorewood and they have some concerns about ho~v that's transferred and location. Access to the property. They ~vant to ensure that access isn't gained off of Highway 7, which we certainly don't want to see happen either. So we did have a condition on here that we want modified slightly and that would be that the remnant piece located in the City of Shorewood he accessed via Chaska Road through Outlet A. Such restriction shall be, and it should be changed to say, recorded in the form of a development contract, instead of a restriction on the deed so that would be a modification, and that addresses the concern that the City of Shorewood would have so again, xve're splitting a lot. We're not adding any additional homes at this time. It's just a lot split for conveyance of the property. I'd be happy to answer any questions. Mayor Chmiel: Okay. Any questions? If not. Councilman Berquist: Not of Ms. Aanenson. Mayor Chmiel: Okay. Bill, is there anything you'd like to say? Alright. Councilman Berquist: I've got a question for him. Mayor Chmiel: Really. Councilman Berquist: I'm wondering hoxv many bedrooms we have in Mesa. Nancy Sxvearingen: If you approve it? Councilman Senn: That takes care of Berquist. Mayor Chmiel: Okay. Are there any questions? If not, who'd like to make the motion. Councilman Mason: Move approval. Councilman Senn: Second. Councilman Mason moved, Councilman Senn seconded to approve the preliminary and final plat for Subdivision #96-15 for Black Walnut Acres for one single family lot and one outlet as shoxvn on the plans dated Received June 7, 1996, and June 17, 1996, subject to the following conditions: 1. The remnant piece located in the City of Shorewood shall be accessed via Chaska Road through Outlet A. Such restriction shall be recorded in the form of a development contracti All voted in favor and thc motion.carried. . 19 City Council Meeting - June 24, 1996 APPROVE PLANS & SPECIFICATIONS FOR TRAFFIC SIGNAL INSTALLATION ON TH 212 AT EAST AND WEST JUNCTION WITH TH 101 (MNDOT PROJECT), S.P. NO. 1013-63, CITY FILE NO. P2-290C. Charles Folch: Thank you Mr. Mayor, members of the Council. Tonight we have a couple of the representatives from MnDot. The project engineer, signal design engineers with us to give a presentation. believe we have Bev Farraher here tonight, Todd Clarkowski and Rod Koehn and they're here to provide a presentation of the project...this year and answer any questions you may have. Mayor Chmiel: Okay. Thank you. Todd Clarkowski: This is the set of plans for this roadway. What we're talking about here... What we have here is Trunk Highway 212 and Trunk Highxvay 101, and the Shakopee Y that's right in this area. What we're doing here, this project is a widening project to the south side. We're adding the left turn lane to this movement and a left turn lane to this movement. Right now. Councilman Berquist: Excuse me. You're adding a left turn lane to turn from westbound TH 212 onto TH 101. Okay. So the other access to Shakopee is disappearing. So it's all going to have to come out of that way then. Councilman Senn: No. That's TH 101 coming in from the north. That thing that you just pointed to, that's just a local little, local street type of thing. That doesn't really go anywhere. It doesn't go anyxvhere. It accesses a house I think, doesn't it? Charles Folch: That's correct. Todd Clarkowski: This, the movement of flow...As far as the widening part, that's what we're looking at doing. We're also extending culverts to allow for that widening out there. A culvert there and a culvert here...shows up as. So we're placing a culvert here, and we have a minimum diameter that we can put in for culverts...radiuses, we are also flattening these radiuses out. The in place radiuses are a little sharper than that. And ~ve run truck training templates to allow like semi type trucks around these corners so they aren't dragging their rear wheels in the gravel. So that's why we flatten these two radiuses over here. Councilman Berquist: Where is that parking lot? Todd Clarkoxvski: That parking lot? Okay this, this is like an inset and that sits inside the Y here. That's kind of an inset. Councilman Berquist: I've never been so confused in my life... Todd Clarkoxvski: This is the park and ride lot. Right noxv there is a, MnDot has, MnDot maintenance has a pile of recycled bituminous garbage and...what we're going to do is re-rake this. Have it drain the way it's draining now. Maintain the in-place drainage and resurface that and stripe it. Councilwoman Dockendorf: Is this an active park and ride lot? Todd Clarkowski: Yes. Yes, yes it is. Councilwoman Dockendorf: So buses don't, buses do? 20 City Council Meeting - June 24, 1996 Beverly Farraher: It's more of a... Councilwoman Doekendorf: Car pool? Todd Clarkowski: ...and work with Chuck Schneider from Southwest. Councilxvoman Dockendorf: Oh okay. Southwest Metro, alright. I didn't realize. Todd Clarkowski: Sat doxvn and he approved this layout and he's looking at the vans. Councilwoman Dockendorf: Yeah, commuter vans, yeah. Todd Clarkoxvski: Small vans, commuter vans. Being able to come in here and drop people off, pick people up here and then take them back out. So that's, xve've been working with him and they have all stayed the same... They're looking at the future of the possibility of a bus shelter here. Loading and unloading area but that, at least this movement will be set up to allow for this. Also, which Bev and Rod are going to detail a little later, there's a new signal system going in right here and right at this intersection also. They'll be giving...details of that a little later. As far as when this xvhole project is going to take place, we're looking at starting this fall. About September 30th is what our MnDot project engineer... September 30th. We'll be placing a surcharge on the south side here. Roughly about in here. All the way through to end this project at the south side where we widened it. We've got the soils underneath there are real, very soft soils. Muck and peat...and what we're trying to do there is by putting this 4 foot high, 1.2 liters, 4 foot high, surcharge on top to compress these soils underneath so then we can put your final roadway on top of that...on the site so ~vhat we're doing... This fall, placing the surcharge. That sits all winter. Okay, that's got a 6 month minimum. Our soils people determine it's going to take up to 6 months for these soils to settle out. That's what they're estimating. There are settling gauges along every, every 100 meters that the settlement gauges will tell them hoxv much settling is taking place so if they get the recommended settlement, they'll take the surcharge off of it. So there xvill be some...there. Surcharge throughout the winter. In the spring. The contractor will come back and finish his widening and complete the rest of his work and he should be out of there, he's supposed to be out of there by July 1st of next year. So...the xvinter. Get the widening of the north side and... There will be barrier. Concrete barrier protecting you from the surcharges along the south side. And like I said, that will be there in place all winter. Until the spring when the settlement's completed and they will pull the surcharge off. You see all these dimensions are in metrics. We're starting to produce our plans in metric no,v, so it's something that's a little different... But basically the...meters are 12 foot lanes so it's still our standard roadway width. That hasn't changed. I guess with that, are there any questions? Mayor Chmiel: Any questions? Councilman Senn: I've got a couple, if I could. One thing I've tried to understand when I was looking at the packet on this. The little nitch around the park, go down to the park and ride there. No, go down below. Okay. Okay now. The little nitch that comes through there with a little intersection you're creating where you said you're putting a new signal. There. Right onto TH 212. I have a hard time understanding, what's that for? Simply access to the park and ride or what? Mayor Chmiel: For this access right here? 21 City Council Meeting - June 24, 1996 Councilman Senn: Yeah, because I mean if a person's coming up from Shakopee, I mean they're only going to take that left movement. Why would they take a right movement? Why wouldn't they just keep going? Beverly Farraher: The reason that, maybe we should...show the movement .... why a signal system ~vould be placed at this intersection, and you're correct. Most of the traffic coming north out of Shakopee and they want to make a left here. What we did is, we've got another intersection that's in place here and then another intersection placed out here that are already signalized. With those being signalized and adding a signal at this location, we determined that there really wouldn't be good gaps for the folks trying to make this left. There'd be so much traffic coming this way and coming this way. It would be good... Councilman Senn: Because right now it's a lot easier to, I mean I frequent that intersection a lot. If you're coming down TH 101 and you want to get on TH 212, you literally have to accelerate very quickly or watch out. But coming up from the south to north movement, it doesn't seem like it's anywhere near as bad, but what you're saying is, it basically has to tie in with the signalization. Beverly Farraher: You've got it. You've got it. This is the park and ride lot that is used that xve're talking about. These are the two locations that are already signalized. This is the signal that we were just talking about. This is the... Councilman Senn: Okay. So that isn't your access point, okay. That was one thing I was curious about. Okay. That answers that. Second question is, on TH 101 coming down effectively from the north, I thought I saw, or I can't remember if I saw it or if I heard it that at some point that whenever TH t01 is upgraded, it was going to be straighten there and moved to the, I don't know, would we move more to the, I guess I'm trying to think. Your direction gets so confusing down there but I would say generally to the east. Okay. And stuff. Was that just something that somebody was throwing around at a certain point in time or was ever part of any plan? Todd Clarkowski: I heard that. These layouts that we start with come from our pre-design area and they are supposed to discuss all these options with the different affected communities...and to xvork out, yeah is this a good place to put it or, to the east of here, is that better. So when we got this layout, this is where the layout shows...staying as is and not relocating. Councilman Senn: So that would be viewed as a permanent road location then? Todd Clarkowski: Yes sir. Councilman Senn: Okay. I think it was when that bridge was taken out or whatever that was brought up... and I think in relationship to that, that's when it xvas brought up saying that the roads might move. I never really quite under, again. I'm not saying whether it was positive or negative. I just remember it was brought up at the time when the bridge was taken out so I was just curious if it was something that was really being considered or not. Okay. No, that's it. Mayor Chmiel: Okay. Anyone else2 Todd Clarkowski: If you have any questions, my business card is in the front there. Councilman Berquist: So we're looking at the later part of '97 before it's complete. At this time next year? 22 City Council Meeting - June 24, 1996 Todd Clarkowski: July 1st of 1997. Beverly Farraher: As Charles mentioned, my name is Beverly Farraher and here's a few of my business cards, and I'm the signal design engineer that was involved in the design of the two signals...this location and the reason I want to tell you some of the neat things about these intersections. Eventually I'll be asking the City Council to pass an agreement with DOT that says that the City will be paying for the monthly power and connection charges for both of these signal systems. And also that the City will abide by the emergency vehicle promotion, a system...and you may or may not be familiar with that. If you're not... I do have to thank Charles for inviting us here. And for all his help during the design of this because he was always very available to call him up and ask what the city's preferences are... Councilman Berquist: You never get his voice mail.') Beverly Farraher: Oh yes. We have... It xvorked. Both of these signal systems are being fully funded by Federal funds and the DOT so there is no cost participation by the City of Chanhassen, but...issues, emergency vehicle promotion and different operational issues. I did talk to Charles... The really interesting things about these systems is that they're fully state-of-the-art. What's going to be happening at these two intersections is that this ~vould be a protected left turn, ~vhich means an arro~v off of the trunk high~vay because the speed limit here is so high that we have to protect the left tums so that's what you'll be seeing at this location. At this location there will obviously not be a protected left turn, because there is no left turn in this direction. There will be basically two phases of operation, either the main line traffic is operating or the left turn is happening. A very simplistic system... We are going to be placing the emergency vehicle promotion systems. They will have the... light and xve do not identify on our special provisions what system with specified parameters they must follow but we do state they have to work xvith the city's existing...so that should not be a problem. Currently the Department of Transportation is a very strong supporter of ...diotechnology so you'll be seeing that...of this signal system and always important to the city, there is a much lower power consumption cost. It will use incandescent bulbs... Each of those bulbs xvill be 150 watts, and they would bum out about every year, year and a half. So there's a lot of cost there making sure that there's no...and having someone come out and change that bulb. With...we get a nice bright red. Your power consumption...goes down to about 20 watts and the life of that light...although the capital cost is higher, is about 10 to 12 years and you get a payback from the capital cost in about 5 to 6 years. So the years after that you're just saving energy so it's a pay back for everybody. So the DOT is supporting, putting the money into the capital cost of this at the city...We think it's a benefit to the public in general so xve support it. We xvill need a, for final approval, something that the emergency vehicle...but it is not tied to... As you can see on this diagram here, there's several boxes shown in the lanes along the system. What those are are conductive loops. Inductive loops I should say. In the pavement that when a vehicle passes over them, there is a field generated that just simply exists in the pavement. When a vehicle passes over that, the metal in the vehicle changes the inductive limit of those loops and that sends a signal back to the controller. We used to simply saw cut these loops in the pavement and they'd go bad after about 2 or 3 years, if we were lucky. What we're doing now is, we've created a PVC conduit that we place them in and they last, well Anoka County has does this extensively and they have not had any fail...for 20 years. So we do not see that we're going to have to go out and replace those for a long, long time. We're also trying to make the system look nice in that there will be a cabinet in this location for this intersection. A cabinet at this location for this intersection, and the pad will have actually two boxes on it. One would be the controller cabinet that operates the signal system and the other will be the source of power cabinets. So instead of having unsightly things hanging off of wood poles, it will be a nice...cabinet. Very sedate. Very vandalism proof. That will work better in the area. At th~s location, currently that farm entrance has been relocated, and this is another issue I should bring up for your attention. Current DOT policy is that cost participation for 23 City Council Meeting - June 24, 1996 intersections is done by entering legs. So if someone who were to look at this project in one light, they ~vould look at this leg and say this is the city leg. It's...and that the city should pay 25% of this intersection cost for the signal system. When we were discussing this project in-house before we ever approached the city, the discussion, I felt strongly was that because the city, and the property owner are okay with the relocation of this farm entrance, which was a safety improvement because had it stayed in this location, it would have not improved the operation... Because of it's new location, ~ve felt that we would not have the city participate in the cost of this system. So in future instances, I just want to make sure that everybody understands, that if there are private legs to signal systems, there would be cost participation but in this instance, because it's a...issues involved in this situation, it was tabled as a discussion. But because of the possibility of this one day developing, and I know Charles mentioned that it's not likely in the near future at all but we are making an effort to...so that nothing will happen to this intersection to add...appropriate for development... There are no pedestrians in this area. There's no indication of pedestrians...planning for pedestrians so we will not be include any pedestrian indications for either of these intersections. What I have done though...conductors at the time of this installation are so cheap, that we've added the additional conductors so that if this area does ever develop and there do result pedestrians, we can add pedestrian indications really easily, just by going and... It's a real pay back. It's about $50.00 now as compared to lots of money... This is a house moving route so we've added hinges at the appropriate locations so the house movers can make it through the intersection. There will be signing on the mast...that shoxv the appropriate Trunk Highway 101 or 212 sign. And that pretty much covers what's happening from the two newer systems. Any questions about those? And any positive thoughts on... Mayor Chmiel: Love it. Beverly Farraher: No? Yes.9 Mayor Chmiel: Love it. Beverly Farraher: Love it.9 Good. Okay. Then we'll move on and make you even happier about what we're going to be doing with the two in-place systems. And if you can remember from the other exhibit that was up that had the txvo in-place systems. Those two in-place systems are older and they are not a maintenance problem at this time but they are also not looking great. So what we're going to be doing xvith this project is painting them. These two systems will receive pre-painted poles that are baked on at the factory. It works great and it lasts for a long time... The two systems that are here don't have those and were not available when they were put in so we're just going to have someone go out and...environmental concerns have them re-painted so... Also the other controllers at both of these two intersections are outdated and they would not effectively talk to the controllers that were operating these two intersections so xve're going to be replacing those. And we'll be stringing conductor through all of these four intersections so that all four intersections talk to each other and that the5, work together efficiently. As efficiently as... That's about it. Any questions.9 Mayor Chmiel: Any questions.9 Councilman Berquist: I'm impressed. Councilwoman Dockendorf: That's a fabulous presentation. A lot more interesting than I thought it would be. Beverly Farraher: That's good. Signals are very interesting. Mayor Chmiel: Okay, thank you. Appreciate it. Any more questions? 24 City Council Meeting - June 24, 1996 Beverly Farraher: I xvould everyone to call me, if you ever have any questions about this signal or any other signals. I just gave birth to a very big and very beautiful baby girl so I'm actually on maternity leave and Mr. Rod Koehn is here. He is filling my position at this time. So if you call the number on my card, which you're more than welcome to do any time, he'll be answering the phone and answering the questions. Councilman Berquist: Congratulations. Beverly Farraher: Thank you. Councilman Mason: I'll move approval. Mayor Chmiel: Of the plans and specs. Councilman Mason: For traffic signal installation and channelization improvements, Trunk Highway 212, east and west junction with TH 101, MnDot Project S.P. No. 1013-63, City File No. PW-290C. Mayor Chmiel: Is there a second? Council~voman Dockendorf: Second. Resolution #96-:54: Councilman Mason moved, Councilwoman Dockendoff seconded to approve the plans for the traffic signal installation and lane channelization on Tnmk Highway 212 at 1he east and ~vest junctions with Tnmk Highway I01, MnDot Project No. S.P. 1013-63, City File No. PW290C, with the further understanding that the City's cost responsibilities will bc limited to the monthly electric charges for the two new signals. Ali voted in favor and thc motion carried. TH 101 TURNBACK: APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND MNDOT. Charles Folch: Thank you Mr. Mayor, members of the Council. As I've indicated in my staff report, this is kind of the first, if you will, process or milestone in the process of the Trunk Highway 101 turnback. Basically there are four MOU's that the State of Minnesota needs to enter into, or would like to enter into. One with each of the counties, Hennepin, Scott and Carver County and because of the circumstances with a previous improvement project with Chanhassen, unfortunately Chanhassen now has to enter into an MOU with MnDot, which it normally wouldn't in a turnback like this. As I mentioned in the staff report, there's two legs of West 78th Street and Great Plains Boulevard that were previously designated as TH 101 and since the completion of the Trunk Highway 101 north leg project back in 1993, and the subsequent signage change of the TH 101 route, we've actually had kind of a pseudo jurisdictional change for this segment. Although to this date no formal paperwork has transpired on this turnback, it's kind of important for the city to enter into this MOU so that it can designated that these two segments, West 78th Street and Great Plains Boulevard be jurisdictionally transferred to the City of Chanhassen so that we are able to put them on our municipal State Aid system and draxv both annual maintenance bonds and also future reconstruction funds for these roadways. If those roads are turned back to the County first, and then subsequent to the.city, they would not be eligible to put on a municipal state aid system. So there's, that's probably first and foremost the driver behind this MOU between the City and MnDot. The second issue which is kind of tagged along to the MOU language is a discussion on some funding that MnDot is going tO be providing for the extension of West 78th Street out tO Lake Ann Park and there's some dollars that they're previously programmed .in the Trunk Highway 101 construction account for 25 City Council Meeting - June 24, 1996 a future year that they now will move over that, those dollars into a cooperative agreement account specifically earmarked for Chanhassen to help fund that project which we expect to let a contract on in the next 30 to 60 days. So there's really two benefits for the City to enter into this MOU. At this time I believe that MnDot has completed the, or executed MOU's with both Hennepin and Scott Counties and are very close to executing the MOU with Carver County. Once the four MOU's are executed, they will then move onto the next step which is putting together the formal turnback agreement with all the parties involved. So at this time, based on the financial benefits to the City of Chanhassen, not only for being able to redesignate these two routes on the MSA system but also the additional funding for the frontage road. Staff would recommend the city enter into this MOU. Councilwoman Dockendorf: Thank you. Oh, and I just wanted to play Acting Mayor. Mayor Chmiel: Okay. Staff repoWs been given. And we have all the information contained in our packet. Anyone have any questions of Charles at this time? Councilwoman Dockendorf: I have one. Does MnDot currently do the maintenance on that stretch? On that piece of West 78th? Charles Folch: No, we do. Basically once we've completed a project, they re-sign TH 101 down to Highway 5 at Dakota and then it runs basically in a co-alignment with Highway 5...to Market. So no, we've been since '93, once we completed that improvement project, we've been actually maintaining West 78th Street from TH 101 to the clock toxver then Great Plains...TH 5 and also the segment of Great Plains from where the Legion is south to where it then joins with Market/TH 101 again. Mayor Chmiel: Okay. Michael. Councilman Mason: No. Mayor Chmiel: Mark. Councilman Senn: No. Mayor Chmiel: Okay. Is there a motion? Councilman Senn: Move approval. Councilman Mason: Second. Mayor Chmiel: Approve memorandum of understanding between the City of Chanhassen and MnDot regarding the turnback of Trunk Highway 101, PW 356. A motion's been made and seconded. Councilman Senn moved, Councilman Mason seconded to approve lhe Memorandum of Understanding between the Ciq' of Chanhassen and the Minnesota Department of Transpoflation for the impending tumbaek of Trunk I-Lighway 101. All voted in favor and the motion canied. 26 City Council Meeting - June 24, 1996 LIVABLE COMMUNITIES ACT~ ACTION PLAN. Kate Aanenson: Thank you. This is the third component of our commitment to participate in the Livable Communities Act. The first one was to pass a resolution saying we would. The second one to adopt the goals and then the third component ~vould be to provide information of ho~v we intend to meet those goals. What I've outlined here is kind of where we are to date. We've been moving forward with a couple of projects such as the one we approved tonight, on the North Bay. We certainly see the senior housing project we're getting credit for. Looking at reviewing city ordinances, especially the PUD. Looking at some of the density ranges requiring that we, instead of going for the minimum, maybe moving some of those to the upper range. And then also requiring a percentage of those within each one to be affordable, and this is something we would come back to the Council specifically looking at ordinance amendments. Then also how the City HRA can participate as we talked earlier tonight and then the County HRA, the program that they would offer as well as the Minnesota Housing Finance and CDBG. As we indicated last year, Hennpin County is now requiring that...some housing affordability. Carver County is also pursuing the housing condition study. We may be looking at some of that money...but that's their target noxv is for housing so our CDBG funding request would have to be in line with that. So whether we're 50,000 or 49 below the cut-off, that's one of the programs that we have to look at would be housing. So what I've laid out here is, what actions the city would be taking. Who's responsibility it is and then finding where the funding source would be. Just to talk about some things that are in the works. We've talked about before the project with Southwest Metro and the house site at TH 5 and Prairie Center Drive. Doing kind of a transit related with Carver County and Chaska. Excuse me. Yeah, Carver County could possibly be doing the financing on it but it would be with the City of Eden Prairie and Chaska and Chanhassen. Kind of joint partnership there, again a transit. That ~vas one of the other goals too was to try to provide transit, xvhich is something that the Met Council wants to look at too. Transit friendly. Then the Village projects that we'll be seeing here shortly. That's going through the Planning Commission in July. And then providing other opportunities as projects come available. If you're looking at ~vhere the city can get involved in bringing in the County funding source so if you had any questions, I'd be happy to ansxver those. Otherwise this would be the document to bring forward to the Met Council. Mayor Chmiel: Okay. Steve, any questions? Councilman Berquist: I didn't have any questions. I had a couple of wordage changes that I thought maybe you might want to consider. Kate Aanenson: Sure. Mayor Chmiel: What page? Councilman Berquist: Page 2. Under policies. First paragraph down. If it's written as stated, as State and Federal funding permits, in my mind I'd put in, as appropriate State and Federal funding programs permit, small consideration. I don't know if it's xvorth while or not. The other thing that I had, in the next paragraph down. Plans and ordinances should ensure that adequate amounts of land are designated to accommodate projected desired residential growth, as opposed to, I'm not certain. Kate Aanenson: These are verbatim out of the current Comp Plan, and I agree with you. Some of them are written a little awkward. The reason I put these back in here is because they ~vere in 1991 when we adopted -our last Comp Plan.' If you look back, I think they were right on. I think as far as today's date, So what I was trying to tell Met Council was when we adopted the Comp Plan in '91, I think that ~ve're current with what their 27 City Council Meeting - June 24, 1996 desires are, and you just need to kind of go back and refresh yourselves to say that yeah. We did look forward and these are the projections we still have. But I agree xvith Steve. Some of them are written a little awkward. Councilman Berquist: And then the last item, page 3. Under current trends. The City's HRA, the middle of the paragraph. The City's HRA has approved the creation of a tax increment district. Has the HRA, has that been a Council generated or an HRA generated? Council~voman Dockendorf: It's Council. Councilman Berquist: That amendment and then the price range for 35 units would be from 88 to 115. With everything else that I understood of it, it looks great. Kate Aanenson: I also, just a side bar here. Tried to incorporate what we talked about at the goal session too. The education component regarding the action. Councilwoman Dockendorf: Yeah, I think this is the document that we start with and... I was surprised, it was nice to see that, I mean the total language out of our '91 Comp Plan, and you're right. We were right on. I mean I thought you could have written this today. Kate Aanenson: We'll give credit to Paul on that. Mayor Chmiel: Anything more Colleen? Councilwoman Dockendorf: No. Mayor Chmiel: Okay, Mike. Councilman Mason: No. This looks. Mayor Chmiel: Mark. Councilman Senn: No. No additional comments. Mayor Chmiel: Okay. I think that one sentence he said, it was generated by Council but I think HRA still has to go through the process. Kate Aanenson: Yeah, I'll correct that. Mayor Chmiel: Okay. Kate, on those interest rates, who really sets those?...for some of the improvement loans that they have... Kate Aanenson: Through Carver County? Mayor Chmiel: Yeah. Kate Aanenson: Minnesota Housing and Finance Program. I assume that they xvould. 28 City Council Meeting - June 24, 1996 Mayor Chmiel: Okay. Whatever the going rate is at that specific time? Councilman Berquist: No. They look at the individual applicant. Kate Aanenson: And they give a rate commitment... Mayor Chmiel: ...total dollars. Councilman Senn: Well also funding availability from different programs. They have different programs at different rates. Mayor Chmiel: But I was just wondering if there were, you know on the other ones were, is strictly interest rate of 8% on the assessability improvement loans... That is going to remain at that percentage point. Kate Aanenson: Correct. That's what, this is the information that the County gave me._but like Mark said, on the other one I think there is a range based on the availability and amount requested. Mayor Chmiel: Oh page 2. The third paragraph down, excluding those first two lines. Should we have a percentage in there or keeping it generalized as it is? Kate Aanenson: The development of alternative housing? Is that what you're saying? Mayor Chmiel: Yes. Kate Aanenson: Right. I think that's something I wanted to work back through the Planning Commission. If you look at some of the ordinances and maybe kind of come back with, we certainly don't want to do an entire project, and maybe some project lends itself to being in that nature. Councilman Senn: I was assuming that we couldn't really mess...Was that an incorrect assumption? Kate Aanenson: Those are part of our Comp Plan, but xve certainly can reinforce or as a part of this, make a statement that ~ve're going to modify that, sure... Mayor Chmiel: Yeah, I only ask that question, which is better for us? Kate Aanenson: Well I think it's good to leave it open ended. I think that's something that we certainly want to talk about. And the action statements that I've laid out, I think that's something we want to look at requiring a percentage. And what that should be. It may depend on the type of product. What we're missing as far as rental. Maybe want to push higher on that as opposed to owner occupied. Mayor Chmiel: Alright. Thank you. Any other questions? Councilman Berquist: I move approval. Mayor Chmiel: Second? ( Councilman Senn: Second. Is there a motion? 29 City Council Meeting - June 24, 1996 Councilman Benluist moved, Councilman Senn seconded to approve the Housing Action Plan for the Livable Communities Act. All voted in favor and the motion carried. APPOINTMENT TO THE HOUSING & REDEVELOPMENT AUTHORITY. Todd Gerhardt: Mr. Mayor, Honorable Council. Staff was directed to advertise the HRA vacancy. With that advertisement we received two applications, plus Charlie Robbins did request to be re-appointed. Under Minnesota Statute the Mayor must recommend a committee member to the City Council for their approval. I leave it up to the Mayor to make the appointment. Mayor Chmiel: Okay. I think what I'd really like to do is also interview Barbara Murphy, who is the last one who presented her application and I would suggest that xve have an opportunity at either one of our work sessions. Don't we have one? Todd Gerhardt: We have one, the next one is July 29th. Mayor Chmiel: July 29th. Okay. Todd Gerhardt: No, that's our next strategy. Councilwoman Dockendorf: I don't think we have a meeting before that though. Todd Gerhardt: Yeah. You've got a Council meeting on the 8th and 22nd. If you want to come early. Councilman Mason: I will be out of town. I would certainly like to be here for that interview. I'll be back by the 29th. If we could do it before that. Todd Gerhardt: So I think we scheduled the 29th at 6:00 again? Councilwoman Dockendorf: Yes. Todd Gerhardt: So you want to interview at 5:30? Half hour enough time. Mayor Chmiel: Can you make 5:30? Councilman Berquist: That's alright. Mayor Chmiel: So we'll set that up for the 29th at 5:30. And we're going to be meeting at the. Todd Gerhardt: Rec Center. Bluff Creek Elementary, Rec Center. Mayor Chmiel: Alright, good. Thank you. Mark. Councilman Senn: Do we have to accept on Minutes yet? Councilman Berquist: Yes, let's do my Minutes real quickly. 30 City Council Meeting - June 24, 1996 CONSENT AGENDA: J(E). APPROVAL OF MINUTES. Mayor Chmiel: Oo ahead. Councilman Berquist: On page, this is for the record only. On page 50 of the Minutes. Second paragraph. Where it says, the esteemed Mr. Knutson was...about how the housing, metro wide is a system and what the definition of system is and I, it's written that I made the comment. What's the board based definition of system when in fact I said, I made a statement and I said, that's a broad based definition of system... Councilman Berquist moved, Councilman Mason seconded to approve the Minutes of the City Council meeting dated June 10, 1996 as amended by Councilman Berquist on page 50 to change the statement, second paragraph, from "What's the board", to 'q~at's a broad" based definition of systen~ All voted in favor and the motion carded. .I(G). RESPONSE TO AUDIT COMMENT~ CHANHASSEN FIRE DEPARTMENT. Councilman Senn: It appeared to me that the issue involved in the Auditor's observation has some interesting repercussions, both as it would relate management wise, personnel wise and policy wise, and so I guess from that standpoint I'm not real excited of just simply referring the response to the Public Safety Commission and let it go from there. I think it should come, I mean either the Council should do it or I think it should at least come back to the Council to look at before it goes on. Mayor Chmiel: Okay. Any other suggestions? Councilwoman Dockendorf: That'd be fine. Councilman Berquist: It's fine by me. Mayor Chmiel: Alright. You heard the item number l(g). That before anything is sent, that it come back to Council. Don Ashworth: Before it's sent to where? Before it's sent to Public Safety? Councilman Senn: Well as I understood your memorandum, what you're requesting was that there is some response needed to the auditor's concerns or comments as it relates to the fire department issues that were identified on the back. I think you were out at the time I said this. In my mind it appeared very quickly to present some interesting ramifications from a management, personnel as well as policy standpoint. I didn't think that was something that you just simply go to the Public Safety Commission and be an answer to that point. I think it should either come to the Council or Public Safety is fine but then come back to the Council for consideration before it xvould go back in response to the Auditor. Don Ashworth: If I may Mr. Mayor. Mayor Chmiel: Go ahead. 31 City Council Meeting - June 24, 1996 Don Ashworth: My intent would be to have that response say, this item will be sent to the Public Safety Commission to conduct a study to see alternative ways that the concerns raised by the auditors can be addressed. Period. Councilman Senn: That's the response you'd give back at this time you mean to the auditor's? Don Ashworth: To fill in that particular section where it says response. I would have in here, I am proposing to send this item to the Public Safety Commission to study alternative ways that the concerns raised by the auditor's can be addressed. Councilman Senn: Oh, okay. So I mean you're not looking to the Public Safety Commission to devise a response? Don Ashworth: No. Councilman Senn: You're simply saying the study xvould be the response. Don Ashworth: Correct. Councilman Senn: Okay. And that'd be fine but then I think that study should again come to the Council for consideration before it go back anywhere from there? Don Ashworth: Yes. When Public Safety Committee looked at alternative ways that fire duties, especially administrative could be handled, that report would come directly back to City Council. There xvould be no other action on it. Councilman Senn: Okay. Well given that case, I'd move approval. Councilman Mason: Second. Councilman Senn moved, Councihnan Mason seconded to approve in response to the audit comments regarding the Chanhassen Fire Department, to prepare a study of suggestions by the Public Safety Department. All voted in favor and the motion carried. I-L APPROVE PURCHASE OF LOT 1~ BLOCK 2~ SCHNEIDER PARK FOR FUTURE CITY HALL EX PA N S ION. Councilman Senn: Let's see, item (h). I talked with Don briefly about it before the meeting because I couldn't get a copy of the appraisal to review it but I would like to I guess suggest tabling this tonight and coming back and talking about it next time. I think there's some real issues over the appraisal as xvell as the assumptions... that's going into on the economics. Councilman Berquist: I second. Councilman Senn: And rather than get into it. Councilwoman Dockendorf: Just because of the age or? 32 City Council Meeting - June 24, 1996 Councilman Senn: No. I mean I hate to get too specific because it's kind of like one of these deals where the attorney's negotiating with somebody and you don't xvant to get a bunch of stuff on the public record but it basically involves the basic assumptions and the comparables and that sort of thing that were used to demonstrate the price. Councilwoman Dockendorf: Okay. Is it going to affect any of the time...? Don Ashworth: No. Councilman Senn: So I'd like to move to table that. Councilwoman Dockendorf: I'I1 second his motion, Mayor Chmiel: Everybody agreed? Okay. Councilman Senn moved, Councilwoman Dockendorf seconded to table discussion on the purchase of Lot 1, Block 2, Schneider Park for future City Hall expansion. All voted in favor and the motion carried. Councilman Senn: Don, can I ask one question on the administrative portion if we're going to jump past it? But I mean whenever xve get to it. Mayor Chmiel: Yeah, I'm going to jump past it because xve didn't put it on. Okay. COUNCIL PRESENTATIONS: COMMITTEE REPORTS. A. HOUSING AND REDEVELOPMENT AUTHORITY. Mayor Chmiel: Mike, do you want to? It was very quick and brief. Councilman Mason: It was a very quiet meeting for HRA, although there are some problems that have come up with West 78th Street entertainment, but my understanding is things are continuing to be worked on and at this point I'm assuming no news is good nexvs. And that was, I mean it was a short meeting. Don Ashworth: A report will be ready for the next City Council meeting on this item. B. CENTENNIAL COMMITTEE. Mayor Chmiel: Who can give a report on the Centennial Committee? Councilwoman Dockendorf: Nancy Mancino. Mayor Chmiel: Yes, there she is. But she didn't look like she was going to say anything. Councilwoman Dockendorf: I haven't been to the last two meetings. Nancy Mancino: My name is Nancy Mancino from 6620 Galpin Boulevard. I really don't know a lot about · the Centennial Committee but I can tell you a little bit about the Centennial Parade. It's on the 4th and... We 33 City Council Meeting - June 24, 1996 have 62 units. 62 entrants iii the parade, which will start on the 4th and it starts at 2:30...and in fact we tried to figure out how long the parade route is so that we make sure that we have enough line-up space for all this. And the Waconia High School Marching Band, I mean there's just a whole...neighborhood walk units. We have entertainment units... We have animals and horses. The Carver County Sheriff Posse. And old antique vehicles .... thanks. Don Ashworth: Mr. Mayor? If I may add. The centennial quilt is nearing completion. I guess that the quilting people have really gone way beyond any type of expectations as a depiction of, well our history in a quilt form and each person has taken an area and then it's literally all been sewn together. The Centennial Book is, the first edition came off this past week and so we're doing a final, final edit on that. The books I'm anticipating will be available within the next week. Continuing the sale of the blocks for the old depot and I think we're still working on that. So a lot of things. Mayor Chmiel: Good. Thanks. C. SOUTHWEST TRANSIT. Councilwoman Dockendorf: Our monthly meeting's coming up this Thursday so I could give a better report next meeting but anyway. Mayor Chmiel: Okay. Councilwoman Dockendorf: Oh, come on. Give me my soapbox. Everyone gets the articulator and I hope you read it in the Administrative packet. Kind of, the biggest issue we're dealing with now in terms of the transit site is that our financial advisor, First Star has gone out of the business so that kind of puts us a couple, several months behind in terms of, we had a very good relationship. They were helping us out in trying to get tenants for the retail space of the facility. So we're a little behind schedule insofar as we have to find a new financial advisor. But other than that, things are cruising along, so to speak. D. BLUFF CREEK COMMISSION. Kate Aanenson: I can do that one, if it's okay. There is a draft out right now. We'll be preparing 50 more draft copies. There were minor changes made to that. At that point, after the task force reviewed that at their next meeting on July 18th. It will be forwarded to the City Council for a work session where they will hold a public hearing hopefully the end of August and then hopefully be before you in September so we can petition the Watershed District for some projects. Mayor Chmiel: Good, thanks. Councilman Berquist: When did that list of priorities go out? Kate Aanenson: It went Thursday or Friday. Did you get one? Councilman Berquist: Yeah, I did but I honestly didn't how long it had been sitting on my pile. Thursday or Friday, so not long. Good, thank you. 34 City Council Meeting - June 24, 1996 E. PARK TASK FORCE. Councilman Berquist: Do you xvant to do that Nancy, or shall I? Nancy Man¢ino: Go ahead. Or Frank could. Frank Scott: Go ahead. Councilman Berquist: Okay. Fill in if I leave any blanks here, ~vhich I'm sure I will. There was a public information gathering meeting that was held about two weeks ago. As I recall there were three odd attendees. And...odd attendees. Continuing to meet on a regular basis. I think everyone realizes the date of the referendum has been moved to early spring in 1997 in an effort to make it an issue in and of itself. There has been a number of things that have come into the discussion process regarding inclusions in, the possible inclusions in the referendum and most of the groups with vested interest in land uses have been included in this process so it seems like it's becoming broader based and generally, there's some...out there now which I'm happy to see. Although I don't feel like I've been as in tuned ~vith it as I was in the recent past. What did I miss? Nancy Mancino: Only that there has been a renewed interest...some of the people that were on the golf course commission 3 or 4 years ago... Councilxvoman Dockendorf: There was an interesting article in Saturday's paper, I think it was. Dealing with park issues in suburban communities and it looked like we had, we were one of the higher ratios of parkland compared to residents. Councilman Senn: Yeah, that was per 1,000. You ought to see the comparison based on land area. Councilwoman Dockendorf: Oh, that was per population. Councilman Senn: Yeah, that was for 1,000 and there was another comparison...parkland by land area. Councilman Berquist: Before xve, I'd like to touch on about four different subjects here, if I may, before we adjourn. Is that permitted? Councilman Senn: I ~vanted to touch on one in the Admin Packet and I ~vasn't permitted. Councilman Berquist: I want to talk about, I xvant to ask about the Pillsbury parking issue. I also want to ask about the decision by the USGA and how it will affect the upgrading of Highway 5. Councilwoman Dockendorf: Is it coming back to Hazeltine? Councilman Berquist: No. Not in 2001 and I believe 2002 have been awarded and neither of them have been Hazeltine. And I also wanted to touch on #112 versus HGA. District #112 versus HGA. Mayor Chmiel: Well, I'll leave that up to Council. Normally, if it's not put on the agenda or requested at the time, we live with this. You have your opportuni~to insert it at the approval of agenda. At that particular time. i · 35 City Council Meeting - June 24, 1996 Councilman Berquist: Alright, I'll remember from now on. Don Ashworth: I don't think any of the issues are really urgent and I could take and have a.short memo in the next packet, which would address most of the issues. I may do something different with HGA. That depends on xvhat the attorney advises me. Councilman Berquist: Which one? Mayor Chmiel: Okay. Is there a motion for adjournment? Councilman Mason moved, Councilman Berquist scconde~l to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 10:10 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 36