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CC 2007 01 08 CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 8, 2007 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Peterson, Councilwoman Tjornhom, Councilwoman Ernst and Councilman Litsey STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Roger Knutson, Todd Hoffman, Paul Oehme, Lori Haak and Kate Aanenson PUBLIC PRESENT FOR ALL ITEMS: Teri Kelsh Chanhassen Villager Shirley & Willard Johnson Chanhassen Jeff Daniel Park and Recreation Commission Mike Olson Chanhassen Billy Bergner Chanhassen Lindsay Nestande Chaska Catie Evans Chaska Lynne & Elizabeth Wyre Chaska Lindsey Stone Chaska Zac Huber Chanhassen Deb Lloyd 7302 Laredo Drive Wes Van Epson 639 Carver Bluffs Parkway Steven Atkinson Chanhassen Mandy Chollgren Chaska Courtney Hanousek Chanhassen Mayor Furlong: First order of business this evening are the oaths of office for myself and Vicki Ernst and Bryan Litsey so we'll gather down there. OATH OF OFFICE: Roger Knutson administered the oath of office to Mayor Tom Furlong, Councilwoman Vicki Ernst and Councilman Bryan Litsey. Mayor Furlong: Councilman Litsey, did you want to, any comments? Councilman Litsey: I just appreciate the opportunity to serve. I should have that oath down better than that having been on the court stand a number of times. In the role of police officer, not as a defendant. But I really hope to make a difference for the next 4 years. I'm looking forward to working with fellow council members. Already I've had a very good experience. We had a nice orientation session and some work sessions and everyone's made me feel very welcome and I appreciate that. Both staff and the currently seated members of the council, so I look forward to that. Thank you. City Council Meeting - January 8, 2007 Mayor Furlong: Thank you. Councilwoman Ernst. Councilwoman Ernst: I just want to say that I'm very excited. Staff members and current City Council members have been just great in the transition and answering all my questions. They've been very helpful and I'm ready to start work. Mayor Furlong: Very good, thank you and on my part I want to take a few minutes and express what a daily privilege and pleasure it is to serve as mayor of Chanhassen. To be involved in this organization. I'm deeply honored to be able to continue in this role. I want to say publicly that I'm especially grateful for the love and support of my wife Ann and all my children. They have and will continue to give up a few family dinners and some books at bedtime so that I can perform my mayoral duties. As my daughter Katherine describes my role as mayor, I just always go to meetings. And I think that captures it pretty well. They've been very supportive and accommodating to my schedule and I know, knowing that they're behind me makes all the difference in the world. I also want to take a moment to welcome our new council members, Vicki Ernst and Bryan Litsey. Tonight you've joined forces with Councilmembers Craig Peterson and Bethany Tjornhom and me, but you've also joined with many residents who voluntarily serve on our commissions and task force, the entire city staff, all of whom are dedicated to making Chanhassen the best place it can be. They all do a great job and I know both of you will be contributing assets to this organization as well and we look forward to working with you. And rest assured, now that you've taken the oath to faithfully, justly and impartially perform your duties as a member of the City Council, no one is ever going to second guess or disagree with you. At least not publicly. We have been successful and have accomplished a great number of goals these last 4 years and it's because of everyone's effort and desire to work together for the good of the city. We focused our efforts on planning for and managing our growth, upgrading and improving our roads and infrastructure, providing core government services in an efficient and effective manner, and all the while securing our city's financial position through sound management practices, limiting spending growth and lowering taxes. We've gotten a lot done, but there's much more to do. As Councilman Litsey just mentioned, this last Saturday we began the new year at city hall with a joint City Council and staff strategic planning meeting. We gathered to discuss our common vision and goals for the city and to organize our objectives and strategic initiatives. We recognize that Chanhassen is a community for life and that our responsibility is to provide for today's needs while planning for tomorrow's. That will be our common theme as we move forward throughout the coming years. Chanhassen's future is bright. Civic pride is alive and well. Opportunities abound for us. Our challenge is to wisely take actions today that will ensure Chanhassen is a great place for everyone to live, work and play many years from now. To build upon the high quality of life that we enjoy and not rest on our laurels, and to continue to create a city in which residents and businesses hopes and dreams come true every day. It is, to be a part of this is something special and personally, and I know I speak for others up here and the commissions and city staff, we thank you very sincerely for letting us serve you. We are extremely grateful. Thank you. And now as Councilman Ernst said, we've got some business to do so enough of the pomp and circumstance. At this time I would like to add one item to the agenda, which will be, occur just prior to adjournment and that would be for the City Council to go into an executive session to discuss the pending litigation with the Fox and the Fox Family assessment regarding the 2005 2 City Council Meeting - January 8, 2007 MUSA assessments. Are there any other modifications or additions to the agenda? If not, oh I'm sorry. If not we'll proceed with it as published. ORGANIZATIONAL ITEMS: DESIGNATION OF OFFICIAL NEWSPAPER. Mayor Furlong: Staff's report provided information with regard to the official newspaper. Is there any questions for staff or is, I don't know that we need a staff report. Todd Gerhardt: Staff is recommending the Chanhassen Villager. It's the only paper that meets the criteria so our recommendation is the Chanhassen Villager. Mayor Furlong: Thank you. Any questions for staff? If not, is there a motion to adopt Chanhassen Villager as the official newspaper for the city. Councilman Litsey: I'll make the motion to adopt the Chanhassen Villager as the official newspaper for the city. Mayor Furlong: Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Litsey moved, Councilwoman Tjornhom seconded to appoint the Chanhassen Villager as the official newspaper for the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENT OF ACTING MAYOR. Todd Gerhardt: In the absence of the mayor, we usually appoint an acting mayor in your absence. So it can be any city council member. Mayor Furlong: Okay, thank you. Any questions for staff? If not I'll open up the floor for nominations. Councilman Peterson: Mr. Mayor, I'd nominate Councilwoman Tjornhom. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any other nominations? 3 City Council Meeting - January 8, 2007 Councilman Peterson moved, Councilwoman Ernst seconded to appoint Councilwoman Tjornhom as Acting Mayor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: Councilman Peterson moved, Councilwoman Tjornhom seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated December 11, 2006 -City Council Verbatim and Summary Minutes dated December 11, 2006 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated December 5, 2006 -Park and Recreation Commission Verbatim and Summary Minutes dated December 12, 2006 b. Accept $1,050 Donation from Klein Bank for the Senior Life-Long Learning Project. Resolution #2007-01: c. Koehnen Area/Yosemite Area Street Reconstruction Project 07- 01: Approve Plans & Specifications; Authorize Ad for Bids. Resolution #2007-02: d. 2007 Rehabilitation Project 07-02: Accept Feasibility Study; Call Public Hearing. Resolution #2007-03: e. 2007 Sealcoating Project 07-04: Authorize Preparation of Plans & Specifications. nd f. Lakeside 2 Addition: 1) Approval Final Plat. 2) Approve Development Contract g. Approve Consultant Contract for Comprehensive Plan Update, Land Use Element. h. Accept Donation from Minnesota Valley Electric Co-op for Veteran's Monument. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: MUSA EXPANSION PROJECT 06-05: HOLD ASSESSMENT HEARING. Paul Oehme: Thank you Mayor, City Council members. Tonight staff is requesting that the council hold an assessment hearing and consider adoption of assessment roll for the Bluff Creek Boulevard Improvement Project. This project completes the city's initiated trunk improvements 4 City Council Meeting - January 8, 2007 for the 2005 development area, or we call it the MUSA, Municipal Urban Service Area. The improvements were constructed in general conformity to the Alternative Urban Areawide Review document or AUAR that was completed in 2003. The project to date is 90% complete. Only minor work is left to do this spring. This work includes traffic signal, street lights, wear course paving and restoration. These items have been identified or included in the final project costs. Staff feels comfortable holding an assessment hearing at this time. Work left on the project are known quantities and should not vary from the contract amounts. For the assessment hearing tonight, 168 notices were mailed to the benefiting property owners. To date no assessment appeals have been filed. Staff has received one letter, or comment letter I think that the council has seen. Staff will tonight provide a brief explanation of the work along with the proposed assessment amounts. Any issues that the City Council wishes to discuss regarding the project's financing is appropriate before or during the public hearing portion of the project for tonight. Public testimony should be received for the project. The property owners should be reminded that they must file a written objection with the City either prior to during the actual public hearing. Objections after the public hearing are not valid. The assessment objective is the request by the property owners for the council to review the assessment amount. Staff may have immediate response to individual comments, or in some circumstances the objection should be received and referred to staff for investigation. If the council feels that the objections cannot be addressed initially, a report will be presented to the council on the objection in a future council meeting. Otherwise if the council feels that the assessment roll is appropriate, the council should adopt the assessment roll. At this time I'd like to invite Jon Horn with Kimley-Horn and Associates, the engineer for the project, to give a brief overview of the project and the costs associated with it, and including the assessment amounts. Jon Horn: Good evening Mayor and members of the City Council. As Mr. Oehme mentioned, my name's Jon Horn. I'm with Kimley-Horn and Associates. We've been assisting city staff for about 2 years now with the initial planning, design and construction of the MUSA improvements and as Paul mentioned, I just want to do a brief overview of the proposed improvements and talk a little bit about the specifics of the proposed assessments tonight. In terms of the components of the project, it really consisted of roadway and the utility improvements and briefly just to run through that. In terms of the proposed improvements, the project included the construction of Bluff Creek Boulevard. Just to orientate you, north is facing up. This is Audubon Road. Pioneer Trail's right down here. Lyman is up in this area. It's the construction of Bluff Creek Boulevard with the east of Audubon Road. It includes improvements at the Audubon Road, Bluff Creek Boulevard intersection including the traffic signal. It includes the extension of sanitary sewer and watermain along Bluff Creek Boulevard, as well as storm sewer and construction of storm water treatment pond to treat storm water generated from the area. So that's really the specifics of the proposed improvements. I guess in addition I wanted to mention there's also street lighting and landscaping that was done as a part of the roadway improvements. Specific to the special assessments. Majority of the project costs are proposed to be funded through assessments to benefiting property owners. The assessment hearing was called on December 11, 2006. Notice of the assessment hearing was published in the Chanhassen Villager st on December 21. In terms of the specifics of the assessments, as I said a majority of the costs are being assessed to befitting property owners. There's some over sizing that the City's paying for. The roadway was constructed beyond the typical residential street. The property owners are assessed the equivalent cost for residential street. The City's paying for the over sizing cost with 5 City Council Meeting - January 8, 2007 City state aid funds. Trunk watermain, the watermain was installed…was larger than a typical 8 inch…as a part of a residential street. Again property owners paid for the average size. City paid for the over sizing with water utility funds. Sanitary sewer, very similar to the watermain. 8 inch size is assessed and the over sizing is paid for through city funds. Specifically sanitary sewer utility funds. Specifics of the assessments here is being assessed for the proposed roadway improvements is a little over 215 acres. Trunk, water and sanitary sewer, the assessment area is a little larger. We developed some assessment rates on an area basis. A little under $17,000 an acre for the roadway and storm sewer. $862, plus or minus, for the trunk watermain and a little over $2,000 for the trunk sanitary sewer. There are two specific properties that are assessed only for the cost of water and sewer extension to serve their property, and I'll get into those in a minute. It's proposed that the assessments be levied over a 7 year term at a 6% interest rate and the property owners do have the opportunity to pay off the assessments within 60 days without having to pay any interest charges. In terms of the specifics, who's being assessed for the proposed project. There's 6 properties. 1, 2, 3, 4, 5, 6 in yellow that are not shaded. They're being assessed on an area basis for sanitary sewer and watermain and streets. There is one parcel down here that does derive benefit from the proposed street so it's only being assessed for sewer and water and not street improvements. There's two properties, the Fox properties here and here that are shaded. They're not being assessed on an area basis because as a part of the project, sanitary sewer and watermain was extended beyond what was necessary to service these parcels with the specific intent of providing service for the two Fox parcels so there is an assessment to the Fox parcels only for the cost to extend those sewer and water services to their property. And again that's based upon an 8 inch size and over sizing will be paid for through city funds. And just to give you some sense of how the project compared to the original cost at the time of the feasibility report, at the time of the feasibility report we did put together cost estimates. Total project cost was a little under $6.2 million dollars, and you can see it's broken out on a spread sheet through special assessments, city state aid funds for the roadway and then water and utility funds for the utility improvements. In all cases the final amounts for each of those funding sources went down. Total project costs went down to a $5.7 million dollars so there was plus or minus a $500,000 savings in the total project cost, as well as savings on the assessments. The City sewer and water fund as well as the state aid funds. I guess with that I'd open it up to any questions from the council. Mayor Furlong: Okay, thank you. Questions for staff. I guess one from a point of clarification in terms of objections. Did we not receive one objection? Todd Gerhardt: Yes. Mayor Furlong: Okay. Or two objections. Paul Oehme: That email? Mayor Furlong: Well there was an email received today but I think it was, was it last week that an email was actually. Todd Gerhardt: I got a formal letter. 6 City Council Meeting - January 8, 2007 Paul Oehme: Oh you did? I wasn't aware of that. Mayor Furlong: Okay, good. Any other questions at this point of staff? Okay. The one item I'll mention, we're going to open up the public hearing here in a second, as mentioned by staff. Any written, any objections need to be written, and it doesn't have to be elaborate. You can work with our attorney but we need to have those in prior to us closing the public hearing, so if, we'll just remind you one more time about that. At this point if there are no questions, I guess what I'll do is go ahead and open up the public hearing and invite interested parties to come up and speak at the podium. Depending on your comments, we'll probably have staff try to address your questions or concerns or provide an answer as well, or solicit additional questions from council. So good evening Mr. Fox. Jeff Fox: Council members, my name is Jeff Fox on behalf of the Fox Properties, Fox Family and Jeff and Terry Fox. That objection, Todd was that our attorney's letter written on behalf of the Fox. Todd Gerhardt: That's correct. Both for the family and for you and Terry. Mayor Furlong: Thank you. Is there anybody else that would like to speak at the public hearing or submit an objection? Okay. Seeing none, is there a motion to close the public hearing? Councilman Peterson: So moved. Mayor Furlong: Is there a second? Councilman Litsey: Second. Mayor Furlong: Second. Any discussion on that motion? Seeing none we'll proceed with the vote. Councilman Peterson moved, Councilman Litsey seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Mayor Furlong: Bring it back to council now. Any questions or discussion on this matter? Okay, if not, is there a motion to proceed. Councilwoman Tjornhom: …with the motion that we accept the feasibility study for 2007 street improvement project and call the public hearing for January 22, 2007. Mayor Furlong: Is that the right one? Councilwoman Tjornhom: Is that the right one? Mayor Furlong: No. 7 City Council Meeting - January 8, 2007 Councilwoman Tjornhom: No? Did I get ahead of myself? Paul Oehme: Adopt the assessment roll. Mayor Furlong: What's the page number on the packet? I think it's page 4. 186 is the electronic. Roger Knutson: Mayor if I can just suggest some language. Mayor Furlong: Certainly. Roger Knutson: Mostly it would be in order to adopt the resolution which adopts the assessment roll. Councilwoman Tjornhom: Yeah, I make a motion to what he just said. Mayor Furlong: Okay. Is there a second to what she moved that he just said. Councilwoman Ernst: Second. Mayor Furlong: Second, okay. And that motion is to adopt the resolution adopting the assessment roll that was distributed in the council packet. Todd Gerhardt: That's correct. Mayor Furlong: Alright. Any questions or discussion on the motion? Hearing none we'll proceed with the vote. Resolution #2007-04: Councilwoman Tjornhom moved, Councilwoman Ernst seconded to adopt the resolution adopting the assessment roll for Project 06-05 as presented in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. OLD VILLAGE HALL: A. CONSIDER AMENDMENT TO LAND USE MAP AND REZONING. B. APPROVAL OF LEASE WITH SEATTLE SUTTON. Kate Aanenson: Thank you. Mayor, members of the council. This item did appear before the nd Planning Commission on their January 2 meeting. It was approved on a 7-no vote to approve the rezoning and the land use amendment. The subject site is the old city hall located on West th 78. As stated in the staff report you can see Great Plains Boulevard used to go through the middle of this property and since then we have. Mayor Furlong: Can you move that up please? th Kate Aanenson: I'm sorry. Thank you. The West 78, or Great Plains Boulevard used to tie down across the railroad tracks and the old city hall is actually sitting in that vacated right-of- 8 City Council Meeting - January 8, 2007 way, which is this piece right here. The rezoning actually includes an additional parcel which is tied to the daycare center there, and to clean up both those properties. The rezoning itself is just over a half acre and again, I'm not going to go through all the history of the rezoning because it's a lengthy kind of cleaning up this area. The most recent changes of the Schlenk property which is, make sure I'm on the camera. This larger area here. Purchased by St. Hubert's for additional cemetery space, which you see in the additional improvements to that site. And then the pink area is the actual old St. Hubert's itself, and then the cemetery behind that. The subject site we were talking again there is the… The piece behind it is actually part of the daycare…so there's a cross access agreement between the two for parking. Some of the questions that the Planning Commission had is, if it's office institutional, does that provide enough land use and what would, if we change it to commercial business, how does that affect the rebuilding or the concerns about limited parking. Again the building itself is only 500 square feet. It has 4 parking stalls, so whatever use it ends up…must meet the parking standards. So as it turns out the City was able to find a use that matched that up very well regarding limited traffic and a reasonable use for that property. So with that, cleaning up the parcel, that also ties back to the…use itself. Staff and the Planning Commission did recommend approval of the rezoning and the land use amendment. Those conditions are found on page 4 of your staff report so with that I'd be happy to answer any questions that you'd have. Mayor Furlong: Thank you. Questions for staff. Councilwoman Tjornhom: I just have one question of why the school across the street doesn't have a public/semi-public zoning instead of it is office industrial? Kate Aanenson: The Chapel Hills? Councilwoman Tjornhom: Yeah. Kate Aanenson: It does have. This piece here. Councilwoman Tjornhom: And that's, I thought in the packet that it was office industrial. Kate Aanenson: It's OI. It's office institutional that should say. Institutional. Councilwoman Tjornhom: Okay. Kate Aanenson: Which is what we have all of the schools. I believe the new school site will also be guided and zoned. Councilwoman Tjornhom: So it's just churches and. Kate Aanenson: And schools. Councilwoman Tjornhom: And schools. Kate Aanenson: Institutional type uses, correct. 9 City Council Meeting - January 8, 2007 Todd Gerhardt: And that's second you have to give it a secondary guiding. Kate Aanenson: Typically we like to give it a secondary guiding. In this instance we didn't have that situation, and again there's two difference land uses on there already. The Goddard School, which again that's that little piece…and again holding that old right-of-way line. And if you look at the history of that, we had changed it from, because of the Schlenk's were using it as a residential from most recently we changed from residential zoning to actual, providing for a cemetery use. It will be more a park use. So there has been some rezonings, changes in the area in the public properties that were being used. Mayor Furlong: Ms. Aanenson, the color coded chart here with the subject property, it's in light pink now. The dark pink, that is a central business district? Kate Aanenson: Correct, and this is the office institutional and then the rest is actually the central business district. Mayor Furlong: And so the proposal here is to make it part of the red. Kate Aanenson: That's correct. Mayor Furlong: And so it's consistent with, okay. Kate Aanenson: And again at the bottom, the site that…house is on is actually this little portion right here and that…is actually being used by the Goddard School so it makes their zoning consistent with the PID. Their entire parcel. And again part of that is shared parking, which we have a cross access agreement so it really makes both uses in the same district compatible with sharing the parking. Again the Planning Commission thought that was a… Councilman Litsey: So in essence this is just extending the central business district slightly more? Kate Aanenson: That's correct. Yeah, and that's really how it's being used. It does allow for a little bit more flexibility of the use itself. Of the site itself as opposed to just an institutional type use. Councilman Litsey: Are there any plans to go beyond that then? Kate Aanenson: No, really they can't. You know we're looking at doing a historic zone for downtown. At this time there's no proposed renovation or public improvements regarding parking, sewer, water so there's no improvements planned with this site itself. The exterior building is all, it's just strictly… Councilman Litsey: Very good, thanks. Mayor Furlong: Is it appropriate to take action on this item before we consider the lease? 10 City Council Meeting - January 8, 2007 Roger Knutson: You can do them separately or together. Mayor Furlong: Okay. Alright, is there any preference on council? Alright. Let move to the least at this time. …or maybe we want to go to staff report quickly on the proposed lease. Laurie Hokkanen: Mayor, the consideration of the lease is for a one year term with Distinctive Ventures, LLC. They operate a franchise of Seattle Sutton's Healthy Eating, and the way that the tenant proposes to use the building is that he is open twice a week, currently envisions that'd be Monday's and Thursdays from 3:00 p.m. to 7:00 p.m.. His clients come to the location to pick up pre-packaged, prepared healthy meals and they do that twice a week. And we see the benefits of the lease really as three main benefits to the city. First we'll be taking in the revenue. It's the lease is set at $450 a month, $5,400 a year. Secondly the city is currently responsible for the utilities and snow removal for the building, and the tenant will be taking over those costs. We anticipate that those savings are around $5,000 a year, in addition to the revenue. And then thirdly as we talked about in the past, it is a benefit to have a tenant in this building. Someone other than the city keeping a watchful eye over it and making sure that it stays in good condition so we do recommend approval of this lease. Mayor Furlong: Thank you. Any questions for staff? One question Mr. Knutson. The lease speaks to leasing the building commonly known as Old Village Hall so one of the questions I wanted to make sure is that it is for the building. It's not for the plaza, so the plaza would still continue to be public. Roger Knutson: That is correct. Mayor Furlong: Public space and use. Laurie Hokkanen: And we have gone over that with the tenant. Mayor Furlong: Okay. Alright, good. The only other question I had, I didn't see any security deposit in the lease. Did that come up in your discussions at all? Todd Gerhardt: We did not negotiate a security deposit but we didn't get the opportunity to call the tenant today to see if that would be a sticking point. I would recommend adding a one month security deposit. I don't think that is going to be a sticking point with the tenant, but just wanted to let you know that we did not discuss that with them. Mayor Furlong: Okay. Alright. Any other questions or comments? If not, is there, if there's any discussion overall on either of these two items. Moving forward with the rezoning or adopting or approving the lease to be signed. No discussion? If not, is there a motion to approve the recommended motions in items 3(a) and 3(b) subject to the inclusion of a security deposit of one month's rent in the lease. Councilman Peterson: And subject to the findings of fact as recommended. 11 City Council Meeting - January 8, 2007 Mayor Furlong: Thank you. Councilman Peterson: So moved. Mayor Furlong: Getting better. Roger Knutson: I have nothing left to say though. Councilman Litsey: I hope to be there some day. Mayor Furlong: The motion has been made. Is there a second? Councilman Litsey: I'll make a second. Mayor Furlong: Made and seconded. Any discussion on the motion? Does everybody understand the motion? Adopting items 3(a) and 3(b) with the changes and adoption of the findings of fact. Resolution #2007-05: Councilman Peterson moved, Councilman Litsey seconded that the City Council approves the land use amendment from Public/Semi-Public to commercial for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall subject to Metropolitan Council review, and approves the rezoning from Office and Institutional District, OI, to Central Business District, CBD, for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall and adopt the findings of fact as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the attached lease agreement with Distinctive Ventures LLC for the Old Village Hall property subject to the inclusion of a security deposit of one month's rent in the lease. All voted in favor and the motion carried unanimously with a vote of 5 to 0. AMENDMENT TO THE CITY CODE, CHAPTERS 1, 7, 13, 18, 19 & 20 AS A RESULT OF THE ADOPTION OF THE SECOND GENERATRION SURFACE WATER MANAGEMENT PLAN. Lori Haak: Good evening Mayor Furlong and council members. Over the past 2 years the City of Chanhassen has been working to update it's 1994 Surface Water Management Plan. The second generation plan was adopted, was recommended for approval by the Planning Commission on August 15, 2006 and was adopted by the City Council on August 28, 2006. The Surface Water Management Plan as revised recommends a number of changes to the standards that are currently employed by the City and the areas of erosion and sediment control, storm water management and wetland protection. The recommended revisions to the city code will really help staff to implement the plan and achieve the goals that are set forth in that plan. The Planning Commission held a public hearing on December 5, 2006 to review the code revisions and ordinances and to receive public comment. The minutes of that public hearing are included in item 1(a) of your packet. No one was present to make comments during that public hearing. 12 City Council Meeting - January 8, 2007 At the meeting the Planning Commission voted 7-0 to recommend adoption of the ordinances adopting, or I'm sorry, amending Chapters 1, 7, 13, 18, 19 and 20 in the city code. Since the Planning Commission meeting two major issues have been, I'll say sticking points and brought up into question. Discussions with staff. Those two issues are the definition of impervious surface as proposed, as well as wetland classifications for the buffers and setbacks. In the interest of time I'd like to focus on those two items. I can certainly provide council with a summary of the other changes if you'd like but I'd like to focus… Mayor Furlong: Please do. Lori Haak: Okay. I'm trying to present, it's a lot of information and trying to get it in a way that makes sense. Logical so if I lose you at any point… This first table I handed out to the council ahead of the council meeting and it's basically aligns the existing wetland classification system. Currently there are three classes of wetlands under the system. Those are pristine, natural and agricultural/urban, and those each have different setback and buffer requirements. There is a fourth classification of water body but it really only applies to non-wetland systems so I left it off of this chart. The predominant number of wetlands within the city, 69% are currently agricultural/urban wetlands. They are required to have a 16.5 foot buffer or basically an area of vegetation that stands between the wetland and the upland area. A lawn or a parking lot or whatever, that would provide some water quality and habitat benefit for that wetland. In addition there's a 40 foot required setback from these wetlands. Under the proposed classifications system there are four different classifications, including preserve, manage 1, manage 2, manage 3. And this classifications, I'm sorry. I need to back up just a little bit. The first classification system was developed actually by the city's consultants in conjunction with it's 1994 Surface Water Management Plan, so now the state reviewed, pure reviewed classification method. It was something that we developed because we were on kind of the cutting edge of wetland classification at that time. Since then the State of Minnesota and several other states have developed classification systems and that's what these classifications are based on. It's a suite of about 100 or 150 clusters per wetland that the trained representatives, …consultants go out and answer those questions for wetlands, so this is a much more defensible way to classify those wetlands. But as you can see a majority of the wetlands in Chanhassen fall into the manage 2 category. That's just over half of 55%. The buffer that is currently being recommended by staff is 25 feet, and keeping all of the setbacks the same. That's 40 feet for the manage 1, 2 and 3 and 50 for those high quality preserve wetlands. Now, in comparing the highest quality wetland there's a fairly significant increase of those wetlands which would have the highest level of protection. 1% here to 8% proposed. Just wanted to give the council an idea of where those wetlands are located, and the colors are difficult to pick up. In the first classification system the Assumption Creek Seminary Fen wetland complex down in the southern part of Chanhassen, which is basically divided by 212 and bordered on the north side roughly by the Hennepin Light Rail Trail Corridor was the only preserve, or pristine wetland. Now to that number has been added a number of lakeshore type wetlands or shoreland wetlands so there's several around Lake Minnewashta. Several around Lotus Lake, and those are the additions to that highest and best wetland classification. So just by way of an additional example. This is how staff reviews the setbacks with regard to proposed houses and structures. The area I'm shading in here currently is the primary structure with an attached deck, and under current ordinance and proposed ordinance those structures would be required to be out, at least 40 feet from the edge of the wetland buffer, 13 City Council Meeting - January 8, 2007 and for a manage 3 wetland, that buffer would be 20 feet in width. So you're net setback from the wetland would be 60 feet. I should also note at this time that this would only apply to lots newly created after this ordinance is codified. It would not be retroactive to existing homes. Those would be allowed to maintain the setbacks that were approved with those subdivisions. To give the council an idea of where that fits with respect to other communities, we've got 13 communities here. I've listed the setback that's required. The low end of the buffer requirement. The high end of the buffer requirements, and then the total distance from the edge of the wetland to structure. The most common value for setback is actually 0. I was surprised to see that because we found that setback actually does provide a function in providing people with useable area outside of that buffer zone, and the setback does provide some limited water quality benefits as well, which is shy staff is recommending we remain with our current 40 foot setback. The most common width for the low end of the buffer is 20 with most communities implementing that, and the high end, the most common value is 50 feet. And the range goes from 50 to 100. So I think we're close in there. So the setback undoubtedly is higher than any of the other communities but that's how Chanhassen has been implementing for a number of years and I believe that it provides the residents with a good useable space in their rear yard… With that I'd also like to discuss a little bit about the proposed impervious surface definition. We did receive a comment letter from Matt Goldstein with Lenard Corporation and he did raise this issue to the staff's attention. I've spoken with Mr. Goldstein on previous occasions regarding the impervious surface definition and whether or not that could be modified to include some additional technologies that are now available, including pervious asphalt. Pervious pavers. Pervious paver blocks, and those sorts of technologies. And we discussed this among city staff and really there are a large number of unknowns with those technologies. The installation can vary widely from one firm to another and the efficiency in all those surfaces as actually pervious surfaces can vary based on installation and the actual technology that's proposed, so that's why the impervious surface definition is currently in place right now. It's something that has been implemented by staff in that manner in the past, and that's why that is proposed as it was written in the second plan. Councilwoman Tjornhom: I'm sorry Lori, the problem Lori with installation…? Lori Haak: Yes. It's installation. It is, I think that goes with that. Councilwoman Tjornhom: Sorry. Lori Haak: Oh, also the other one is the replacement of those surfaces with other surfaces. For example if I owned a property in Chanhassen and put in a pervious paver system and then decided, sold my house and the next owner decided they wanted to replace that with a driveway. They would not be required to obtain a permit for that, and that put them over that 25% impervious surface limit, so that's, there's really no check and no control there so that's why that is an issue. And then again association of some sort of credit. Giving them merit quantities or something like that is difficult and we didn't find any examples of communities that have been successful in that so we might, it might just be that we're a little before time. Certainly staff will continue to look for that because it is something that comes up on a regular basis, but at this time we just can't think of a good way to do it. So with that staff recommends that the City Council adopt the following motions that are stated in your staff report. The first would be adopting the 14 City Council Meeting - January 8, 2007 ordinance amending those chapters, and the second would be approving the summary ordinances for Chapters 1, 18, 19 and 20, and I will advise the council that that does require a 4/5 vote. And at this time I'd be happy to address any questions you may have. Mayor Furlong: Okay, thank you. Questions for staff. Councilwoman Ernst. Councilwoman Ernst: One question. Can you tell me what the problem with installation was specifically that you were referring to? Lori Haak: Sure. We haven't had a large number of those installed but compaction under those surfaces and getting the correct soil mixtures. It's the same problem that we had, that other communities experienced with things like rain gardens. Just getting those soils too compacted so it's actually as an impervious surface underneath. Councilwoman Ernst: Thank you. Mayor Furlong: Other questions? Councilman Peterson: Mr. Mayor I've got a lot of questions. More philosophical and more specific. That may not be appropriate for tonight. My thought is I'd like to potentially table it and bring it back to a work session to have some dialogue between all of us and staff. At least my humble perspective. Mayor Furlong: Okay. Other thoughts, comments or questions. Councilwoman Tjornhom: I think this is a big step in selecting because if people need more time to kind of jump into it and feel comfortable with what's being said and…feel comfortable also tabling it. Mayor Furlong: Okay. So bring it to a work session and get some questions back to staff and get some questions answered. Okay. Alright, any other thoughts or discussions? I mean I'm comfortable with that. We're making a lot of changes and they're important changes to consider. It's the extension of our storm water management plan but at the same time there are effects and taking a little bit of time to make sure we walk, that we understand it. There's no question that what staff is proposing, that there's any questions of the quality of work that staff is doing but I want to make sure that we understand it as well, so I'd certainly be open to that. What I would like to do, if we can, is have the discussion as quickly as possible while it's fresh in our minds. I don't know if there's time at next, Mr. Gerhardt maybe you and I can look at the schedule for work session items. See if we can get it back as quickly as possible while it's fresh, and then move forward since we do want to move forward with our storm water management plan. Councilman Peterson: Motion to table. Mayor Furlong: Is there a second? Councilwoman Tjornhom: Second. 15 City Council Meeting - January 8, 2007 Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council table action on the amendments to city code Chapters 1, 7, 13, 18, 19 and 20 as a result of the adoption of the Second Generation Surface Water Management Plan. All voted in favor and the motion carried unanimously with a vote of 4 to O. (Councilman Litsey was not present for the vote.) Mayor Furlong: Good, thank you. We'll get that back as soon as we can. That completes our items of new business. COUNCIL PRESENT A TIONS. Councilman Peterson: Mr. Mayor, a couple things. With regard to two of my ancillary meetings, Southwest Metro is in the middle of kind of the beginning of discussions with TAB, Transportation Advisory Board, which I'm also a member of, talking about transit moving outside of the transit taxing district which Chanhassen, Chaska and Eden Prairie are a part of and that will be discussed over the next month and that really means that we're going to figure out how to, try to figure out how to address potentially bringing in Carver, Victoria, and potentially Waconia into our service. And then similar counties and similar jurisdictions of ourselves are addressing that issue as the demand for transit expands so that will be something I'll be updating you on over the next 30 to 60 days so, and I think everybody else is aware of where we're at with the 101 site with Southwest Metro and where we're at with the Dinner Theater site too, so there's a lot going on right now with that, you know and I'll do my best to update you as the need arises. Mayor Furlong: Thank you. Any other council presentations or comments? Councilman Litsey: I just wanted to thank again, there's a letter of mine in the packet about the orientation session for new council members and it was really well done. I want to thank City Manager Todd Gerhardt and staff for putting that together and it was very informative and I hope that we continue to do that in the future. I think that was the first time that had been done in that manner anyway and I found extremely helpful as a new council member, so thank you. Mayor Furlong: Good, thank you. Had an opportunity, received a phone call a couple days before Christmas from Senator Norm Coleman's office to host a breakfast here in Chanhassen for him and some of my peers from around the area and it was a quick turn around. They suggested January 3 from 8:00 to 9:00. I asked what the flexibility was. They said none and we made it work so. Wanted to thank Todd and Laurie too for working with us, but on that Wednesday morning, January 3rd we met over at Millie's Deli for breakfast and coffee with the Senator. Talked about some local and national and international issues. We had about, a number of mayors from Carver and Hennepin County joined us as well so. Last year Senator Coleman visited each of the 87 counties in the state of Minnesota and his goal is to do the same thing this year and he wanted to start out in Chanhassen and in Carver County so that was an honor for us to do that and enjoyed the breakfast. ADMINISTRA TIVE PRESENT A TIONS: 16 City Council Meeting - January 8, 2007 Todd Gerhardt: I had two items. First, I'd like to announce that Paul Oehme, our Public Works Director has been nominated as Public Works Director, one of three nominees for Public Works Director of the year by the Minnesota Association of Public Works Directors so that's a great honor and he's well deserving if he should happen to win, but being nominated is a good thing. And then also our new water treatment plant has been nominated as one of eight projects as projects of the year from that same association, so that's good news. Councilwoman Ernst: Wasn't that one of the eyesores in our town last year? Councilman Litsey: If you read the paper. There was an article, yes. Todd Gerhardt: It's turning out to be a beautiful building and just to update you on that. They're in the process of calibrating the new water treatment plant and hopefully in the next couple of months we'll be up and running to full capacity so look forward to that. That's all I have. Mayor Furlong: Okay, thank you. Any questions for Mr. Gerhardt? No? If not, then at this time, oh correspondence packet. CORRESPONDENCE DISCUSSION: None. Mayor Furlong: At this time then I'll, without objection we will recess and reconvene right here in the council chambers in just a few minutes. So at this point we are recessed. Mayor Furlong recessed the City Council meeting at 8:00 p.m.. The City Council then reconvened in executive session. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 17