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1984 03 19 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 19, 1984 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson, and Councilman Geving Members Absent Councilwoman Swenson Staff Present Don Ashworth, Bill Monk, Bob Waibel, Scott Martin APPROVAL OF AGENDA: Mayor Hamilton moved to approve the agenda as pre- sented. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. No nega- tive votes. Motion carried. CONSENT AGENDA: Councilman Geving moved to approve the consent agenda pur- suant to the City Manager's recommendations. a. Municipal State Aid System Designation Changes: RESOLUTION #84-16 1. Delete Pleasant View Road. 2. Add northern TH 5 Frontage Road (adjacent to Lyman Lumber and The Press). b. Resolution Establishing amount of hook-up charges. RESOLUTION #84-17. c. Change City Council Meeting Schedule for April. d. Resolution approving issuance of Duplicate Bond Coupons. RESOLUTION #84-18. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. No nega- tive votes. Motion carried LAKE MINNEWASHTA REGIONAL PARK, PARCELS C AND D, RAY BRENDEN: Al Klingelhutz - I have had Mr. Brenden's farm-risted for some time and the people that have checked it have notice that on a goodly portion of his farm is designated in the City's Guide Plan for park purposes and it seems that, to their feeling, it does put a little blight on their purchasing of this property. .1 don't know if you have heard what they are proposing for the property but it's a similar operation to what Keith Bartz has at Hollow Haven. They plan on using the total farm for that purpose and they feel that if at some time in the future the City, being it's on a guide plan, would desire to purchase this after their initial investment of putting up training facilities and indoor riding arena, that they would not have suf- ficient land to operate profitably because of the fact that a good portion of the farm is in the guide plan for park purposes. I might give you a little history of why that was put in. I guess I was Mayor at the time. Minnetonka West Junior High was very much in favor of putting this land in as a nature area for the school and I think this was one of the only reasons that the City of Chanhassen even designated this area as park area for the City. The acquiring of all the Minnewashta Park area just across the road I believe should be sufficient park land up in that area for the City at this time and I would ask that the City Council take this property out of park area for the City of Chanhassen. Council Meeting March 19, 1984 -2- Don Ashworth - The only way a final decision can be made is through the public hearing process to officially eliminate Parcels C and D from your Comprehensive Plan and the conditional use permit of the County. If the Council wishes to make any statements, you may want to do that this evening but I would recommend that it go back through the Planning Commission and those hearings be held. I Councilman Geving - I suspect though, that maybe the Brenden's would like tonight at least an indication from the Council whether or not we would be willing to do that and I think for their purposes, at least knowing that either the Council was in favor of this or not in favor of it, they would leave tonight with some assurance that even though this process will take place some time in the future, they could provide that kind of information to them. I would like to say for my part, I did have something to do with this C and D Parcel, I don't believe the need exists at this time to include C and D as part of the Carver County Park. The school is closed. There is 40 acres or so there that is quite primitive and quite nice, I personally would like to see us delete that from the Comprehensive Plan. Councilwoman Watson - I would be in favor it. It's been ten years and there has been no attempt to actually go out and plan it and the money doesn't exist and I don't think these people should be kept waiting. Councilman Horn - I would agree. I would like a statement from Carver County indicating that they have no purpose for this property. Mayor Hamilton - I see no reason why we should keep it in the park plan. I Ray Brenden - With regard to a statement from Carver County, we have been rn-touch with Pat Murphy and he is taking this up before the Park Board of Carver County and they have no interest in this any longer. Scott Martin - If the Council wants to expedite this since you have a con- sensus here and you want to save Mr. Brenden a filing fee, I would suggest a motion to initiate an amendment to the Comprehensive Plan would be in order. Otherwise Mr. Brenden would technically have to file and a fee is involved. Technically if in fact Carver County has no interest in the land we still have to amend our Comprehensive Plan because it shows it as park land. You can initiate that amendment. Councilman Horn moved to initiate an amendment to the Comprehensive Plan. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No nega- tive votes. Motion carried. PUBLIC HEARING PROPOSED USE OF YEAR X COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mayor Hamilton called the hearing to order. There being no comments from the public, Councilman Geving moved to close the public hearing. Motion seconded by Councilman Horn. The following I voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. I I I Council Meeting March 19, 1984 -3- USE OF YEAR X COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: RESOIITT~#84-19: Councilman Horn moved the adoption of a resolution adopting the recommendations for the allocation of Year X CDBG funds and Year VIII CDBG funds. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. MINUTES: Amend page 9, CITY MANAGER'S POSITION REVIEW in the February 13, 1984, Council minutes by adding: Councilman Horn - From the City's standpoint, what the City has to payout, we are going-tO be paying more out and in effect Don will be getting less for it. To me, the way the State works, we have to be a little bit more creative in how we pay our employees and not do it in direct salary compen- sation. I think it's only fair to the employees to make things as equitable for them as we can and also watch what our cash outlay is. I don't understand what 5% gains anyway. Don loses and we lose. We lose because we are paying him more. Our actual cash outlay is more per month that way than it is with a car allowance. Salary is only one aspect of the total compensation package. Councilwoman Watson moved to approve the February 13, 1984, Council minutes as amended. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. Councilwoman Watson moved to approve the February 27, 1984, Council minu- tes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilman Horn. Councilman Geving abstained. Motion carried Councilman Geving moved to approve the March 5, 1984, Council minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. Councilman Horn moved to note the February 22, 1984, Planning Commission minutes. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. BILLS: Mayor Hamilton moved to approve the bills as presented: checks #015303 through #015350 and checks #021351 through #021371 in the amount of $492,742.78 and checks #019830 through 019905 in the amount of $80,374.89. Motion seconded by Councilwoman watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No nega- tive votes. Motion carried. 1984/1985 LIQUOR LICENSES: Councilman licenses be renewed for 1984/1985: Bloomberg Companies, Inc. On-Sale Intoxicating Sunday Sales On-Sale Non Intoxicating Off-Sale Non Intoxicating Geving moved that the following Kallestad Enterprises, Inc. On-Sale Intoxicating Sunday Sales Council Meeting March 19, 1984 -4- Pauly's, Inc. On-Sale Intoxicating Off-Sale Intoxicating Sunday Sales Riviera Club, Inc. On-Sale Intoxicating Sunday Sales Chanhassen Legion Post #580 Club License Sunday Sales Bluff Creek Golf Assn. On-Sale Non Intoxicating JGM Liquor Warehouse Off-Sale Intoxicating I Kenny's Super Market Off-Sale Non Intoxicating Superamerica Off-Sale Non Intoxicating Holiday Stationstores Off-Sale Non Intoxicating Chanhassen Fire Department Saint Hubert's Church On-Sale Non Intoxicating On-Sale Non Intoxicating Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. SITE PLAN REVIEW, PEN INDUSTRIAL CENTER, LOT 1, BLOCK 1, CHANHASSEN LAKES BTISTNrss-PARK THIRo-ADDITION: Interstate-oetroit Diesel Allison, Inc. is proposing-ro-construct six buildings for office, industrial and warehouse use totaling 495,000 square feet. Harry Lindstrom and Steve Pelinen were present. Bob Waibel - The proposal is in compliance with the Zoning Ordinance for industrial developments with the exception of the impervious surface area I requirements for property developing in a shoreland area. This project has an inpervious surface area of 54% which is approximately 16i% below what we normally require in an industrial district. However, it is also 24% above what would normally be put in a shoreland area. In November we received a letter from Dave Luethe which the Council reviewed in the EAW review of this particular proposal, saying that the drainage measures being taken on this plan mitigate that impervious surface requirement as fas as DNR is concerned. Also, this last week we received a letter from Larry Seymour who is the Director of the Division of Waters reaffirming Mr. Luethe1s position of November. I have prepared in the report, staffs response to the EAW referral agency comments that we received back in January. The Council had indicated in that EAW review they would like staff to take into account those comments during the site plan review. Other comments received were those of Fire Marshal Jim Castleberry who had indicated that there is a need to have a revised final utility and hydrant location plan primarily to show where the watermains would be looped as well as where hydrant locations would ultimately be for public safety purposes. Other comments received were that of MnDOT District Engineer Bill Crawford indi- cating that the project will have an impact on Highway 5, however, it's limited as to what the City in and of itself can do concerning the problems on Highway 5. They are aware of our efforts in plan reviews to minimize the number of accesses directly onto Highway 5 as well as consolidating them whenever we can in the future as well as our attempt to build a fron- tage road system between County Road 17 and Eden Prairie border to take I pressure off of Highway 5. The timing of the extension of Lake Drive East to Highway 101 is recommended to be taken care of at the time the feasibi- lity study for public improvements is done. We feel that is the time to look at that timing as well as also some major drainage concerns around the area. That would be the sizing of holding ponds for presettling of storm I I I Council Meeting March 19, 1984 -5- water runoff before it went into Lake Susan or Riley Creek. Concerning the lighting plan, the initial report to the Planning Commission had indicated that special attention should be paid to assure that glare is not reflected off of any windows or other reflective surfaces. Since that time the homeowners association has indicated a strong desire to have the lighting plan amended to keep lighting as low to the ground as possible only for the maintaining of safety and security around the building itself as opposed to the lighting plan that you have there which does indicate lighting up against the building and back-lighting of the building itself. That should be taken up between the developer and the homeowners association when they are going through their construction phases. Councilman Horn - Did the Sheriff's Department have any comment on that? Bob Waibel - No. We haven't received any comments back from the Sheriff's Department. Typically they are not on our plan referral list. We send them to Jim Castleberry for fire and safety measures. As far as the county goes, we only send them to the County Public Works Department so that they can respond as far as traffic or drainage. I am not a lighting expert but I think there would be a number of means that could be accommodated by both parties in looking at that. The Planning Commission recommended approval of the site plan as submitted with the three staff conditions stated in the report of March 8, along with the further condition that special con- sideration be given to the issues of lighting, building color, etc. Councilman Geving - The concerns I have, have to do with the minutes of the Planning Commission meeting by homeowners on Lake Susan. Their concerns were, as homeowners they didn't want to be able to look across the lake at a building and lots of lights. Their feeling was that they wanted to retain the earth tone colors. They wanted to have the vegetation pretty much for screening the buildings. A number of recommendations, for instance, the location of certain buildings and activities that would be most effectively screened by existing vegetation. I like Mr. Ho1tmeier's comments regarding the screening with evergreens. I would like to see that those kind of recommendations are built into our thoughts here. I am very well satisfied with what I see here tonight. Councilwoman Watson - The colors that they do plan to use for the buildings are all very earth tone. I would go along with the homeowners, I think, there is some kind of lighting that is suitable for protection from van- dalism that would be lower to the ground and perhaps less visible across the lake, that would fine but you also have to take into consideration the safety. Councilman Horn - That summarises my concerns. Mayor Hamilton - Mr. Castleberry made some comments as sprinkling system or the looping of the watermains and the hydrants, I would also like to have him comment on department's ability to tackle any kind of a fire that there. Do we have the equipment necessary presently? rather long and we don't have an aerial truck. Councilman Horn - What is the tallest building? far as the moving of some of what the fire may occur down Those buildings are Bob Waibel - I think it's two story. I would guess 35 to 40 feet in height might be the maximum height you would see on this particular plan. I believe we have mutual aid contracts with neighboring communities that would give us access to aerial vehicles if needed for the time being. Council Meeting Marcch 19, 1984 -6- Councilman Geving - I think the Mayor's comment is appropriate. I think maybe not in terms of height but with the kind of work that is going to be carried on here, maybe there are some industrial chemicals that we are not familiar with. Mayor Hamilton - Hopefully, they will make the fire department aware that they have chemicals that they should be concerned about. I Bob Waibel - They will have to give us an inventory of the chemicals they will be using and that would have to be filed with Carver County Public Safety Division. Mayor Hamilton: We can start the planning process now rather than waiting until it's too late. Don Ashworth - The fire department has already made statements to the effect that with Instant Web and United Mailing that the City should be looking to an aerial piece of equipment. I am sure that with the construc- tion of this type of a facility you are going to continue to see pressures from the department to do that. Realize that almost all buildings like this will be sprinkled so even among the experts there will be differences of opinion as to what type of equipment is needed. Councilman Horn - Where does the highway plan end, will it just go over to 17 or does ~o to 101 also? Bill Monk - It's expected, with this proposal, there will be a petition some where along the line for municipally installed improvements with that I Lake Drive East extension. At that time you will be looking very closely at the frontage road extension all the way across and even looking at improvements to 101 from the frontage road up to Highway 5. It will have to be looked at because I think the City would be hard pressed to allow this type of a development with a 2,500 foot cul-de-sac. Councilman Horn - It would be nice to see the overall transportation plan and how this-fTts in. Mayor Hamilton moved to approve the site plan, Planning Case 83-2, with the four conditions recommended by the Planning Commission and all reports as presented in the Council packet. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. APPOINTMENT TO BOARD OF ADJUSTMENTS AND APPEALS: Councilman Horn moved to appoint Mayor-Hamilton-as a temporary-a1ternate to the Board of Adjustments and Appeals. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. This position will be re-advertised in the future. APRIL COUNCIL MEETINGS: Councilwoman Watson moved to schedule the regular I April Council meetings to April 2 and April 16. A special meeting will be _" held April 9 with County Assessor Craig Zinter. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. I I I Council Meeting March 19, 1984 -7- Councilwoman Watson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. Don Ashworth City Manager