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1984 08 06 I I I REX;UIAR CHANHASSEN CITY COUNCIL MEETING AUGUST 6, 1984 Mayor Hamilton called the meeting to order. '!he meeting was opened wi th the Pledge to the Flag. Members Present Councilman Horn, Councilwoman SWenson, Councilman Geving Member Absent Councilwoman Watson Staff Present Don Ashworth, Bill funk, Scott Martin Barbara Dacy APPROVAL OF AGENDA: Councilman Geving rroved to approve the agenda as as presented wi th the following additions: Weed Cutting and rake Virginia Forcema.in. fution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman SWenson, Councilmen Horn and Geving. No negative votes. fution carried. CONSENT AGENDA: The following i terns were rem:>ved fran the consent agenda for further discussion: d. Sale of Electronic Ballot Counters. f. Resolution, IDst Bond Coupons. Mayor Hamilton rroved to approve the consent agenda pursuant to the City Manager's recommendations: a. AJ;proval of Sunmary Wetland Ordinance for Publication. b. Authorize 1984 Bond Sale Date. c. Set Budget Review ~ting Dates. (September 5th and 24th) e. Joint Resolution regarding Highway Inprovements. RESOLUTION #84-40. g. Fox Chase Developrrent Contract Arrendrrent. Motion seconded by Councilman Horn. '!he following voted in favor: Mayor Hamilton, Councilwoman SWenson, Councilmen Geving and Horn. No negative votes. fution carried. VISI'IOR PRESENTATIONS: METES AND roUNDS SUBDIVISION RE;;!UEST, AUDUBON ROAD: On July 9th the Council approved this subdivision. Mr. Al Klingelhutz was present requesting the Council stamp the contract for deed stating that the 14 acres are not eligible for building sites without the approval of the City Council. He explained that the 14 acres will carry a contract for deed and if this property is canbined with the original pro- perty the rrortgage on the original property will take first precedence over the contract for deed. Scott Martin - I talked with the City Attorney about this and he is not sure this is real proper. He did want to think about it. If you do act it should be subject to his review and approval of any legal instrument that is to be filed. Councilwanan Swenson rroved to grant the request by Al Klingelhutz that the City stamp the contract for deed on 14 acres "oot eligible for building sites without future approval of the City Council" with the condition that the City Attorney review the docurrent. fution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman SWenson, Counci1men Horn and Geving. No nega- ti ve votes. fution carried. Council Meeting August 6, 1984 -2- MINUTES: Mayor Hamilton moved to approve the July 9, 1984, Council minutes. M::>tion seconded by Councilwanan SWenson. The following voted in favor: Mayor Hamilton, councilwanan SWenson, Councilmen Horn and Geving. No negative votes. M:>tion carried. Amend the July 23, 1984 Council minutes under PHEASANT HILL/WAIDRIP' S SECOND ADDITION, page 7, Councilman Horn - I am still not quite clear on the flow. Sanetimes I hear the words used "will not be adversely affected II and sanetimes I hear that "it won't be affected to any great degree" it would seem like if we did it properly we could actually improve in both situations so that less flow would take place. Could we make that part of the development contract so that if there were a problem later that it would be detennined a developers problem not part of the City's problem. Page 8, top of the page under PHEASANT HILL/WAIDRIP' S S.ocQND ADDITION, Councilman Horn - My concern here is we have property that has not been used for seven or eight years, it would seem to Ire that if there was a real concern about reclaiming this as fann property it would have been done by now. There was nothing stopping anyone from doing this in the past. The position I don't want to get the City into is that we get blarred for the increased flow and we are the ones then who has to pay to bring this back to be fann property and I haven't seen any intent to do that for seven or eight years and don't want us to be the ones that are held responsible to do that. Councilman Geving moved to approve the July 23, 1984, Council minutes as arrended. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, councilwcxnan SWenson, Councilrren Horn and Geving. No negative votes. M::>tion carried. Councilman Horn moved to note the July 11, 1984, Planning Cannission minutes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwanan SWenson, Councilrren Horn and Geving. No negative votes. M:>tion carried. Councilman Geving - We have been working for over a year and a half on a new Zoning Ordinance. When are we going to get it? Scott Martin - I anticipate the hearing will be called probably at the beginning of October. The Planning Cannission is anxious to move ahead and we are doing sane finalizing right now. Councilman Geving - We had asked earlier to get pieces of this so that we could review it in piece meal fashion so we could understand it. This Council member is not very pleased with the action on the zoning Ordinance. Councilman Horn - I agree with everything you (Dale) say except the year and a half. I think it' s been much longer than that. Councilwanan SWenson - I am taking exception to the fact that there are Planning commission decisions being determined on the basis of references to a Zoning Ordinance proposal that has not officially been presented to the Council. I find this rather inappropriate. Mayor Hamilton - I don't know the Planning Commission can make a decision on an item and say, based on what might be sane day, sanewhere down the line, what we are possibly going to do, we are going to vote this way. The potential new Zoning Ordinance should have absolutely nothing to do with any decisions that are rrade at this time. Everything has got to be based on what we have in effect at the present time. I I I I I I council Meeting August 6, 1984 -3- SITE PIAN REVIEW, PROPOSED EXPANSION OF UNITED MAILING, TIC. BUILDING AND OFF S'IREET PARKING FACILITIES: This request is for the addition of 48,400 square feet to the building and expansion of parking facilities. The Planning Commission recammended approval of the site plan subject to staff recomnendations and subject to the landscaping and berrning detail for the new parking lot being satisfactorily worked out between the applicant and City Staff. Daryl Fortier was present. Councilwanan SWenson - Number 11, I have to have an explanation of this. A petition for easerrent vacation must be filed prior to fonnal consideration of the applicant's request by the City Council. However, the parking lot expansion project may proceed upon receipt of the vacation petition, notwithstanding the location of the unused easement. Scott Martin - My point in that ccmnent was that because there are no utilities in that easerrent and there are no utilities planned, if the developer wants to proceed he can go ahead because the vacation proceeding is separate. They did file the peti tion on Friday. They are not obstructing the easement by a structure. They have to be aware of the fact that if for any reason the easement is not vacated and there are utili ties installed there we could tear up their parking lot but at this point Bill and I have looked at that and we have talked to all the utility canpanies and there is no intent to put utilities in there by the City or any other agency so we see no need to retain that easement. I wanted to alert the petitioner that by saying in their letter as part of the site plan review they wanted to vacate an easement, that wasn't enough. '!hey actually have to fonnally request it in a separate petition. I wanted to let them know that if you want to do that you have got to file that petition but that, fran our prospective, will not create any problems in terms of obstructing the easement because they are not building a building on it. Councilman Horn - It's not clear to Ire what proposed expansion would cause the need to have a terrporary parking lot. It would appear to Ire that any proposed expansion would not affect the proposed parking lot. Daryl Fortier - United M:iiling, Inc. also has taken an option to purchase IDts 2 and 3 of Block 5 of Chanhassen rakes Business Park and therefore they may be looking at a proposed addition in addition to the one shown on the plans. Councilman Geving - Does United M:iiling take any exception to the Fire Marshal's requ=st for a ten foot strip on the south and southwest corner of this building? Daryl Fortier - We had sore initial reservations but we will provide the ten foot strip as requested. It is not a roadway. Councilman Geving - Is it in all likelihood that the proposed car parking lot in IDt 1 will sene day house a building. '!he reason for my question is the necessity to put down bituminous surfacing by 1985. Daryl Fortier - The client has sought a longer period. He does have sore addition plans in the future. It, of course, is dependent on the econcmy and the operations of the business. He does view the addition to the east as being a requirement first which is the proposed addition we are seeking approval for. Over the next year or so he will be monitoring his progress and he hopes to be able to reach a decision in that period of time. If not, he agrees that that length of time is reasonable and will blacktop. Councilman Geving - You are saying then that the July 1985 requirement as proposed by the Planning Commission would be reasonable to the corrpany to blacktop it and also curb it? council Meeting August 6, 1984 -4- Daryl Fortier - That's correct. Originally we did want a longer period of time but this is a negotiation item and we have agreed. If you could find rrore than that to be acceptable my client would be rrore than overjoyed because he is being limited to a year to make up his mind. A longer period of time would be rrore than welca:ne. Councilman Horn rroved approval of the site plan review 84-3 for the expansion of United Mailing, Inc. building and off-street parking with the following 12 provisions recommended by the Planning Commission: 1. 'n1e exterior materials and color of the proposed building addition shall match the existing building. 2. A ten (10) foot wide fire access lane with an aggregate surface shall be constructed along the southerly and easterly sides of the building prior to occupancy of the building addition. 3. Any landscape plantings destroyed or rerroved as a result of the construction of the building addition or fire lane shall be replaced/replanted in the building setback area along County Road 17. Addi tional landscaping shall also be required at the northeasterly corner of the site to screen the "occasional truck dock" fran County Road 17 and Park Road (subject to staff review and approval) . 4. 'n1e 248 car parking lot shall be surfaced with bituminous and the perimeter finished with concrete box curbing one year fran the issuance of the building permi t for the parking lot. 5. All parking lots shall be striPed (painted) upon canpletion of final surfacing (or resurfacing) to clearly define parking stalls. '!he proposed 248 car parking lot and the existing lot located on the north side of the building shall be used exclusively for aut.cmJbile parking, except that occasional use of the proposed new loading dock at the northeast corner of the proposed addi- tion by one semi -trailer shall be permitted. 6. All parking lot landscaping, incltrling sodding of all berms and flood-plain areas and seeding/mulching of all other graded areas, shall be canpleted prior to utilization of the expanded parking lot. '!he landscape screening for the new parking lot should be increased in plant density and rate of growth to provide for rrore imnediate effective screening. '!he berms shall be as shown on the landscape and grading plan, and shall not be contingent upon the arrount of soil available on the site, as indicated on the plan. 7. All exterior lighting fixtures shall be of a high pressure sodium type of the same design as presently existing on the premises. 8. All piping shall be reinforced concrete pipe (RCP) with flared end sections at either end in place of the SPecified PVC (plastic). 9. '!he existing ponding area for the small western satellite parking lot already in place shall be incorporated into the larger proposed ponding area so that only one outlet is functioning. 10. All permits required by the Watershed District and the Minnesota DNR shall be obtained prior to the carmencerent of any construction acti vi ty . Final design plans for drainage, grading, and the proposed Pedestrian bridge shall also be reviewed and approved by the City Engineer. 11. A petition for easerent vacation must be filed prior to formal consideration of the applicant's request by. the City Council. HCMever, the parking lot expansion project may proceed upon receipt of the vacation petition, not- withstanding the location of the unused easerent. 12 . No building permit shall be issued for the proposed building addition until the new 248 car parking lot has been constructed with the aggregate surface in accordance with the plan. Motion seconded by Councilwcroan SWenson. '!he following voted in favor: Mayor Hamilton, Councilwaran SWenson, Councilmen Horn and Geving. No negative votes. Motion carried. I I I I I I Council Meeting August 6, 1984 -5- PRELIMINARY SUBDIVISION, OOTroT &. SARATI:X;A FIRST ADDITION: Tan Klingelhutz and Mr. and Mrs. Pat Kerber were present. Mr. Klingelhutz is requesting approval for the City to waive the platting requirerrents and convey a 3,800 square foot area to Mr. Kerber by metes and bounds description to relocate the Kerber driveway so that it accesses onto Saratoga Circle. Tan Klingelhutz - We have kind of agreed on what we could do to make this a better buildable lot. The existing driveway is onto Iaredo Drive and what we propose to do is I would build them a new driveway and transfer title to Mr. Kerber so he can have access to Saratoga Circle rather than Iaredo Drive. Pat Kerber - We have agreed to the exchanging. '!he only thing is about the footage that we need for the driveway. I put sane stakes out at one time where I said Tan, this is where we could make it and I measured it out and then he still has 75 feet all the way across plus 186 feet deep. The next time he carre back he kind of cut corners a little bit. Tan Klingelhutz - Scott (Martin) had told me not to go under 11, 700 square feet. I have no hang up going under 11,700. I got rrore demand for smaller lots than I have for bigger lots. Pat Kerber - HCM care all the lots east of us in Iaredo Iane are small? Tan Klingelhutz - That was the fastest selling area of Chanhassen. Mona Kerber - Why does this have to go through a public hearing? Pat has spent plenty of rroney on public hearing on this driveway already. It is between two pri- vate people. Councilman Geving - The vacation of the public roadway would go back to the Kerbers, is that correct? Pat Kerber - We will be changing property. We still did not agree to the exact footage. In turn we would give him that public roadway. He would have to give us a deed and put our road in before that public roadway is vacated. Mona Kerber - He has agreed to give us a dri VeNay . He has agreed to technically landscape it the way we want and he will landscape the driveway so that our lot con- tinues to look nice. Why do we have to spend the rroney for a public hearing? Councilman Geving - '!his nCM gives Tan a buildable lot. It gives you pretty good access and it vacates that public roadway which we have never maintained anyway. You have always maintained it. Tan Klingelhutz - Plus in the future, they have over an acre of land, who knows they might want to split off a piece. It would be a very beautiful lot. This would give them a nice access. Pat Kerber - We will work it out. Tan will give us a deed and a survey and then we will go fran there. '!his driveway isn It going to be vacated until we have our dri- veway. Mayor Hamilton rroved to approve the subdivision of Outlot A, Saratoga First A&:1ition and waive the public hearing and City platting requirements for metes and bounds subdi vision. fution seconded by Councilman Geving. The follCMing voted in favor: Mayor Hamilton, Councilwanan ~nson, Councilmen Horn and Geving. No negative votes. l-btion carried. council Meeting August 6, 1984 -6- REZONING FROM R-lA 'ID C-2, 7995 GREAT PIAINS BLVD., CHANHASSEN AMERICAN LEX;ION POST #580: Councilman Geving rcoved to approve the petition fran the Arrerican Legion Post #580 to rezone the property fran R-lA to C-2. M::>tion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwanan SWenson, Council.men Horn and Geving. No negative votes. MJtion carried. REQUEST 'ID STABLE M)RE 'lHAN ONE OORSE, RICHARD BRcmN, 2630 ORCHARD IANE: Mr. Brown has applied for a pennit for two horses on his propertY:--Mr. Headla, Horse Cannittee, recarmended that approval be granted for only one horse. Mr. Headla was present and stated he was concerned with the fence repair and access to the barn. After much discussion it was felt that Mr. Headla should re-inspect the property in two weeks. Councilwoman SWenson rcoved to table the reqoost until (a) Mr. Headla and the cam1i.ttee have approved the reqoost, in which case it can just cane back as an advi- sory point, or (b) if there is rejection by the cam1i.ttee it will return to the Council at that tirre. M::>tion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman SWenson, Councilmen Horn and Geving. No nega- ti ve votes. M::>tion carried. REQUEST 'ID ENIAAGE lAKE DRIVE EAST FEASIBILITY S'lUDY, OPUS CORPORATION: RESOLtJrION #84-41: Councilwanan SWenson rcoved the adoption of a resolution approving the Lake Drive East feasibility study for County Road 17 to Audubon Road as requested by Opus Corporation per the City Engineer'S mercorandum of August 2, 1984. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilworran SWenson, Councilmen Horn and Geving. No negative votes. M::>tion carried. PETITION FOR ZONING AND SHORE.LAND MANAGEMENT RmUIATION VARIAN::ES, IDT 26, BlOCK h RED CEDAR POINT: soott Martin - The house was reduced in width by three feet so they Co not need side yard setback variances any longer. They need lot area and shoreland management setback variances. Paul Melchert - I am here on behalf of Mr. and Mrs. Parsons. I have tried to set- forth various facts such as, that there are already 13 or 14 hcmes on similar size lots or smaller lots in this same area. Many of which are on the lake. In fact there three lots right across the street fran this lot that have less square footage than does the lot of Mr. and Mrs. Parsons. It is my understanding that all three of these hcmes have been either winterized or improved upon since the time the zoning ordinance was established so we Con' t think we are setting any precedent here. As to the remaining single lots that are similar in size, there are four, one of which is Mr. and Mrs. Parsons and they are willing as stated in this application, to pro- vide of record if the Council so desires, that they would agree that they would not build and put a restriction on Lot 10 which is one of those four single lots. We respectfully request that the variance be granted. It is a lot of record. To deny it would be a violation of Minnesota Statutes 462.356. I understand there isa dif- ference of opinion on that but we Co feel it would be a violation of it. They have agreed that they would go to 20 feet. We would 1eave that to the Council. In all honesty we feel that a 23/24 foot wide house, under the circumstances, would be a rcore attractive house for the neighborhood because you get down to 20 feet and basi- cally you are talking about a Couble wide rcobile home type thing whereas 24 feet we think would be rcore aesthetic. Councilwoman SWenson - If we Co approve this I have to concur I would be rcore inclined to go along with side yard variances. I feel a 24 foot wide house would be much rcore aesthetic than a 20 foot house. I I I I I I Council Meeting August 6, 1984 -7- Councilman Geving - The Board of Adjustments and Appeals studied this matter the last tine we met and we decided not to make a decision because we had informally agreed with the Council that in matters such as this that is far ranging and precen- dent setting in our view should be addressed to the full Council. We did not make a decision although I informally polled the ~rs and I did get a three to zero vote to deny this particular proposal. HaNever, at the same tine we also told the Parsons to go back and take another look at their lot with the idea that they could possibly restructure their hc::rre and this falls in line, too, with the proposal by this Council the last tine we met with the Parsons to go back and make an honest offer or purchase offer to the Rasks and the Morgans and that was done. It was not accepted. I think that was a fair approach. At this stage of the game after reviewing what they have done, they have cc::rre back to us with a proposal. It is a 20 wide proposed hc::rre. What we were thinking there was we were atterrpting to reduce the n~ of variances. '!hat was our whole objective. There were four variances required and we were trying to get it down to at least two. The other factor for consideration tonight is I don't believe we have ever built a hane on a lot of approximately 6,800 square feet in Chanhassen since I have been on this Council. I think there are circumstances that are a little bit unique in this particular case. The Parsons have owned this property for approximately 37 years. IDng before any of our ordinances ever existed and had econanic times been right for them they probably would have built on this lot 35 years ago. They have paid taxes on the property for all of these years and I think in fairness to them that is to their credit. I don't know of any other purpose to which we could put that lot if he didn't build on it. I looked at it. I thought possibly it could be a beach lot of sane sort or an access for sc::rre other lots and the m:>re I looked at it I didn't think that was appropriate either because that lot is probably worth $20,000 or $25,000 as a mini- mum. Mayor Hamilton - It has been pointed out that the need for a variance was not created by the Parsons and that in itself is a strong factor, I think. Also, a variance must be granted if the property can not be put to any reasonable use. The property owners own action did not create the need for the variance and granting it will not cause substantial hardship. I have to agree with those cannents. In reading all the information we have had on this property I have always felt that if we don't grant the variances we are really flying in the face of what the law has said and I don't think it would be right even though we have never allowed a hane to be built on such a small lot. That's not the Parson's fault. They have owned that property long before the ordinances changed. Councilwoman SWenson - I guess it should be errphasized that if this were not a lot of record it wouldn't even be considered. The fact that it is a lot of record and has been a lot of record, that makes all the difference in the world. Councilman Horn - I know that this Council has approved another lot on another lake. I believe it was 6,800. There are sane unusual circumstances on it. It is unfor- tunate that we didn't know the planning process back in the years when those lots were established and they didn I t understand the effects on lakes. It's very dif- ficult now that we do know the effects of crowding on lakes we have to live with sc::rrething that was established that many years ago. I have great difficulty with that. Councilwanan SWenson - Are we going to address the restriction against the other lots owned by the Parsons? Councilman Geving - It's sc::rrething that the Parsons offered in their letter. I think it's a fair carpromise. Could you give us exactly what the proposal is on the other lots? Council Meeting August 6, 1984 -8- Paul Melchert - It would be my understanding that we would agree to enter into a very brief agreement with the City of Chanhassen that would basically describe the other properties owned by them and state that they would agree that no building per- mit as to construction of another dwelling could issued as to any of that property. I They would hope to SOl'Q3 day inprove the house in which they nClil live and I would assume that there would be no objection to that because they have all kinds of square footage. Councilwanan SY.Bnson - Should the Council agree with this, I think that the neigh- bors and any interested PeOple should be alerted to the fact that we feel or at least I feel in looking at everything here that we would have very little legal indication that we can not do this. Councilwoman SY.Bnson noved to grant a l! foot side yard setback variance for each side of the house, a 50 foot lot width variance, an 8,658 square foot lot area variance, and 33 foot shoreland setback variance as requested for IDt 26, Block 1, Red Cedar Point, L. O. and Margaret Parsons, Planning Case 82-12. The owners will enter into an agreement that states that no building permit will be issued for construction of another dwelling on any of their other property. M:>tion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwonan Swenson and Councilman Geving. Councilman Horn voted no. M:>tion carried. PROPOSED ZONIN3 ORDINAN:E AMENDMENT 'ID AU.J::fil (x)N'IRAC'IDR' S YARDS AS (X)NDITIONAL USE IN '!HE R-lA ZONIN3 DIS'IRICT, FIRST READING: -- So::.>tt MirtIn - The intent is to allow through the conditional use permit mechanism to look at each petition on a case by case basis as you would for any conditional use. The City Attorney has recently advised me that his feeling of the ability of the Council to deny conditional use permits was a little bit different than the pre- I vious City Attorney's and my own understanding in that you are nore obligated to issue unless there are really severe circumstances. With that, I guess, I feel a li ttle bit nore canfortable because you are starting to a certain extent allowing some industrialization in the rural residential areas. I don't think these are appropriate in all locations. If you find a location or a specific proposal that's not appropriate under the statute and under case law the City Attorney says you can deny it and you are not obligated to issue a permit. Councilwanan SY.Bnson - I am confused again. I notice that the new revised zoning and subdivision ordinance draft is qooted here. I take great exception to this. I am terribly disturbed about that. For one thing this subject has infonnally come before the Council as far as contractors yards and I ranember when it was discussed there was the possibility of doing this was mentioned and it was also advised that if it were that it should be confined by minimum acreage so that somebody with a nonnal platted lot suddenly decided to start keeping his trucks around and run us through the situation of having to defend our position. It see.ns to me that when we are put in a position to request a conditional use permit that sanebody should have to prove to us that have a right to have it there. Not that we should defend our right to say no you can't. I could not approve this without not having a minimum acreage put in here with or without the conditional use permit. I would have to say it would have to be at least a minimum of five acres to allow for screening of any equipment. Councilman Horn - Didn't we just hear though that the City Attorney says we can use our discretion in any way we want to issue these. Screening nay well be one of the conditions. I Don Ashworth - We did talk to Roger and as you rerranber, it came up with Natural Green in terms of conditional use. There was discussion as to how we might amend the ordinance at that point in time. We looked to a lot of conditions as a part of I I I Council Meeting August 6, 1984 -9- the conditional use process. We got into a position that even with minimum size that you could have a contractor's yard that the yard by itself was five acres and so five acre minimum really wouldn't mean anything for a buffer. Roger's suggestion was just to leave it very simple and establish the conditions as you saw the par- ticular application come in. Councilman Horn - I think the intense of the use has sare affect, too. If a guy has 10 trucks on five acres it might be worse than one truck on two acres. Councilman Geving - I am not so sure I would buy that idea of a minimum number of acres. I kind of like the idea of having rrore general guidelines and we can be rrore flexible in our decisions. Councilman Horn - I generally favor having things spelled out so that sarebJdy coming in will know what to expect. I think the conditional use is sarewhatof a unique device and maybe that's why they incltrle that type of device because things can't be incltrled but I agree with Pat in ordinance generation I like to have things very clear cut and concise. Councilman Geving - What are you going to do even if we adopted sarething like this? Do we go back to all of these and bring them into conformance? You know they are not going to. I don't know the effect of this. I feel we need it for those few that we have. . Mayor Hamilton - What you are going to do is start driving them out of taNn. Councilman Geving - We need sare allowance, sare penni tting process to allow them. Councilman Horn - I agree. I think when you start getting rrore people that don't canply with the law than do canply with the law or at least a large number of people who are not canplying on an issue, re-evaluate the law and see if it still makes sense and then if it still does make sense you enforce it and if it doesn't make sense you change it. I agree that we need to have sare provision for a large por- tion of these people, again, based on no neighborhood conplaints and that kind of thing that we could allow them in. Mayor Hamilton - I think generally these types of operations want to be further out in the country and they are not trying to disrupt anybJdy' s lives. Mayor Hamilton rroved to place on first reading an ordinance amendment to allow Contractor's Yards as a Conditional Use in the R-lA Zoning District. fution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. Councilwanan Swenson voted no. fution carried. Councilman Horn - Are we going to go ahead and police this? Councilman Geving - Let's say we pass this and we do have these people identified there is nothing wrong with sending out a letter stating that this is the policy of the City you now have an opportunity to cane in and get a pennit and be totally legal with the City ordinances. I think we need to give them the opportunity. Don Ashworth - It would establish a mechanism to measure how they are cooplying in the future so that if you have an approved plan and two years fran now you are won- dering if there is three rrore trucks there than there was in 1984 you have sarething to go back and look at. Councilwoman SWenson - What will you do with the ones that don't cane in and not request a conditional use pennit? council Meeting August 6, 1984 -10- Don Ashworth - Bring them back to the Council and make a decision whether or not you want to start prosecution. CONDITIONAL USE PERMIT REQUEST, HIGHWAY ~ AND GALPIN BLVD. 'llIE DALE GREEN aM>ANY: I Scott Martin - In 1981 a permit was issued and I can't figure out under what section of the ordinance. In fact the City issued an initial permit in 1971, a year before the City adopted its current Zoning Ordinance. In 1971 the City issued a five year conditional use permit. When that was about to expire in 1976 the Council issued another conditional use permit for another five years. In 1981 the Council denied it. Mayor Hamilton - That was rcostly for intensification of the use of the property. Scott M:rrtin - It never really was used. 'n1is has kind of gotten ahead of how the applicant and I had thought it would go. We had anticipated because of the nature of this use and also because of the status of the amendrrent that you just acted on first reading, we can't get the actual application ahead of the ordinance. When this went to the Planning Carmission it went there as kind of a sketch plan really. We meant to get your carments, Planning carmission, so that they could be incor- porated into the site plan before you ask you to fonnally act on it and consequently send it to the City Council for a decision. The Planning Carmission decided that we don't want to see it again, two of them said we don't like it at all and two of them said it looks all right the way it is so it really C<:l['l'eS to you without any clear recarmendation from the Planning carmission. I still have sane concerns about the extent of the proposed screening and berming and things that could and probably should be done to screen the operation. Consequently my recarmendation is that you not take final action tonight but rather give us S()[Ie guidance and allow the deve- loper an opportunity to hear your carments and get sane direction before they spend I a lot more ti.Ire on this because as we went into this again we anticipated S()[Ie controversy because it will be the first contractor's yard, legitimate one, in an R-lA District. Councilman Geving - I don't think it's fair to our citizens to have this come before us before any of this has hit the newspapers. Scott Martin - The Planning Carmission did hold a public hearing on this. Councilman Horn - I have a real concern about just under general impressions, the irrmediate effective screening is the terminology included on page 5 of the staff report. Trees don't grow overnight. Herb Baldwin - I would be very happy to tell you about the project understanding that you would not have an opportunity to act on it tonight. I have prepared the plans that are in front of you. I represent Mr. and Mrs. laVerne Butler who are the owners of Dale Green Canpany. They have owned the coopa.ny since 1950 and they are landowners in the City of Chanhassen. The Council so felt it worthy of issuing con- ditional use permits in the past. The use proposed is the processing of black dirt. The site would not be mined in the process of mixing and blending the planting soil or black dirt. Access to the site is proposed off of Galpin Blvd. The storage of equipment on the site would be parked behind the screened area which would be irrme- diately south of the existing barn and we would construct a benn which would comeearound to the east side between the screened area and Galpin Blvd. 'n1e barn is I intended to be used for the maintenance of vehicles and covering of vehicles as well. '!be house would be used for office space which is mu:h like the Dale Green Canpany currently uses. The object here is to conceal this operation in which is already a basic land confinnation which would allow us to do such, rcodify it so that we have an area that we can work in and then intensify the screening making it rcore appropriate so that we are not adversely affecting the image of the city of Chanhassen . I I I Council Meeting August 6, 1984 -11- Mayor Hamilton - You say the operation is a mixing and distribution, so you are hauling in and hauling out. How many trips a day are generated? Herb Baldwin - The corrpany itself averages about 32 deliveries per day plus ten or 12 deliveries outside the corrpany. This might be the City of Chanhassen sending a truck over for a load of black dirt and that's during the peak times which is basi- cally May and into the early parts of JlID.e. The way in which they typically engineer the bringing in of the dirt is that when a truck is out on deli very is to pick up the dirt which then would cane back into storage. It wouldn't be cost effective if we were going out twice to get one load. Councilman Horn - Where does the dirt cane fran? Herb Baldwin - It canes from sites which are, well, I don't know if any of you are contractors but you will run into sane excess fill on a site and it's not a part of the project to keep that dirt there so that soil is made available to the Butler's for their processing. Councilman Horn - So for this efficient. operation to work you would have to have all kinds of arrangerrents made so that you were delivering and picking up fran the same general area. Does that happen in the real world? Herb Baldwin - Yes. It's not as though they were in business for the past few years. As a matter of fact, when I came to the '!Win City area in 1959 the Dale Green Ca'cpany was and still is a very respected canpany and when I was with Hanedale Nursery we were using them regularly and I know the kind of coordination that Mr. Butler maintain. '!beir need is on a short tenn. '!hey are looking at a ten year short tenn need. '!bey have to relocate their mixing yard and they don't believe their son is interested in carrying on the business so Mr. and Mrs. Butler are looking for short tenn and they do have this parcel here in Chanhassen. They have tried to focus their business on the southwest quadrant of the Minneapolis, Greater '!Win City area. Roger Schmidt - I live about a quarter mile to the south. I am just curious to see what you people are thinking. There are three homes adjacent. Mayor Hamilton - Where you have your operation I notice you have sifters and that type of thing out in your lot there and they make a fair anount of noise. will that be disruptive to the neighbors? Herb Baldwin - We have another condition going for us which is unlike the present location is that we are setting down into the grade. That is what we are proposing. I don't imagine this being a gravel separator for example with the clacking. Councilman Horn - I think it is at least equivalent to fann machinery working. Councilman Geving - I am thinking in tenns of the congestion that it might cause on that particular road. We are talking about a lot of truck traffic that we don't have right raN and Highway 5 is already plenty busy. What would be the average size truck? Herb Baldwin - '!he average size load is a one to five yard delivery. Councilman Geving - I rerrember part of this process back in 1981 and I was probably one of those that voted to deny Dale Green fran getting an extended penni t for this because I was afraid of bringing in a cannercial retail/wholesale establishment in what I consider to be a rural residential area. I was concerned about people like Council Meeting August 6, 1984 -12- Roger Schmidt and a lot of other people that live down that road. I still have those concerns and those same people are still living there. I see this as roving a quickie operation out of Eden prairie because they have lost their lease so to speak and are trying to rove into Chanhassen. '!hey are going to stay here for five years and nove on. LaVerne Butler - Traffic won't be going south. It will be caning right on Highway 5. That's what that road is for. I Councilwanan SWenson - This isn't a contractor's yard. You have got a total opera- tion going here. As is stated here you have got 45 loads of dirt caning or leaving the site in a day. It's in a rural area. You have retail sales and the processing of raw materials. I have to concur with two members of the Planning Ccmni.ssion on this. 'Ibis looks to me like rore of an industrial enterprise than it does a contractor's yard. I can't even consider it as a contractor's yard. Herb Baldwin - We feel that the character is rore akin to the agricultural industry than we do to pasteboard boxes or lumber or whatever you have. We feel the character would be very in keeping with agriculture. Councilwoman Swenson - I disagree. Councilman Geving - You could take this same operation and put it in our industrial park and do exactly what you are trying to do and I would have no problem with it but where you have got it out there you are going to generate a lot of traffic, you are going to be roving in on a residential area that has remained rural in character and I think will continue to be so for sane time until we get water to them and sewer and I think we are changing the whole character of that corner out there. I am not in favor of this project. Mayor Hamilton - I think that intersection is going to be really bad for trucks going through there. I think it's too close to a residential area with the noise for one thing. I think it's a coomercial operation. I Councilwoman SWenson - I see in Mr. Larson's letter of June 15th he stated; "that under the new proposed ordinance consideration is being given to contractor's yard" and Mr. Baldwin's carment when he was asked why they didn't cane in and ask to rezone the property for industrial use he stated that "because they felt that this confonned with the Pending zoning ordinance amendment" this is why I have been emphasizing this tonight. We seem to have the public working on a different level of thinking than the Council is. Secondly, I don't consider a ten year term a short period of time. Mayor Hamilton - I don't think you would even want to consider it as a contractor's yard so probably your option is to cane back and ask for rezoning for corrmercial use. Councilman Geving roved to deny the conditional use permit 84-4 to allow the pro- cessing and stockpiling of black dirt and the storage of related contractor's equip- rrent at the intersection of Highway 5 and Galpin Blvd., Dale Green Canpany. M:'>tion seconded by Councilwanan SWenson. 'Ibe following voted in favor: Mayor Hamilton, Councilwanan SWenson, Councilmen Horn and Geving. No negative votes. M:'>tion carried. PERMANENT MYl'EL SIGN, CHANHASSEN INN: Mayor Hamilton Il'Oved to approve the request of I Larry Zam:>r for a permanent sign reading "rotel". M:>tion seconded by Councilman Horn. 'Ibe following voted in favor: Mayor Hamilton, Councilwoman SWenson, Councilmen Horn and Geving. No negative votes. M:>tion carried. I I I Council Meeting August 6, 1984 -13- PROPOSED ORDINAOCE AMENDMENT ESTABLISHING APPLICATION FEES FOR HOUSE MJVING PERMITS AND WETIAND ALTERATION PERMITS, FIRST READING: Councilman Horn Iroved to place on first reading an ordinance amendment establishing application fees for single family use wetland alteration pennit at $25.00, subdivision use wetland alteration pennit at $150 .00 and house Iroving penni t at $100.00. l-btion seconded by Councilman Geving. The fo11CMing voted in favor: Mayor Hamilton, Counci1wana.n Swenson, Councilmen Horn and Geving. No negative votes. l-btion carried. ZONING ORDINAOCE AMENDMENT REX;UIATING THE M)VING OF USED BUILDINGS IN'ID OR WITHIN THE -- -- CITY, FIRST READING: Councilman Geving - I think personally that the Planning Carmission missed the boat on this one. We have a right and a duty as a Council to see these homes that are being Iroved into the carmunity before we find out about it fran some resident. You get a phone call in the middle of the night like I did on the one on County Road 17 and I think that we have an absolute duty to make sure that the home is in confor- mance with the surrounding area and it fits the building code and it meets all the standards of a home we would want in our carmunity. I am really opposed to the Planning Ccmnission reCQ['('[OOndation and quite frankly I think this should be a tough policy and the Council should see every one of these. I want to see a picture of the house that's to be rroved into the carmunity and I think it should come before the City Council for that detennination. Mayor Hamilton - The ordinance as it is drawn, a - d, are all excellent. I can't imagine we could have anything less than that. Councilman Geving - I don't believe we see Irore of these than six to 10 a year. NcM that's not a big work load to cane before us for that kind of detennination. '!he other thing that I think was missing here is somewhere in the ordinance itself there should have been sane Building Inspector's recarmendation or input that would be part of the hearing process. Scmewhere in here I would like to see just prior to the City Council action as part of the package that comes to us would be the Building Inspector's reccmnendations. Councilman Horn - I would assurre he would give us those. Scott Martin - I think you assurre correctly but you might want to spell that out. Mayor Hamilton - Spelled out right in the requiranents "as reviewed by the Building Inspector II . Inc1 ude it in #4. Councilman Horn - He doesn't give us carpliance with the zoning ordinance, does he? Isn't that a different office? Councilman Geving - I think it belongs under #2e. Scott Martin - Say, reccmnendation of the Building Inspector. Councilman Geving - You bet. Counci1wooan Swenson - Why should we allow a building to be brought in that is substandard to what we require of new buildings? Would you say canpliance with the Unifonn Building Code substantive requiranents for new construction covers that thoroughly. I notice that there were considerable recannendations made by the Planning Carmission. Mr. Martin suggested that they canp1y with the Unifonn Building Code requirerrents for new construction to the extent feasible and I want to see it as strong as it was before. '!here is also an anission on this new ordinance. On 47A the amendment reads: Buildings or structures IroVed into or within the City shall Council Meeting August 6, 1984 -14- corrply with the provisions of the ordinance and the Chanhassen Building Code for new buildings or structures and added a penni t shall be required to rove buildings or structures into the City and any such pennit may prescribe conditions and restrictive regulations regulating such rove and I would like to see that incorporated in here I because we don't see anything here where it says we can tell them what they hve got to do. I would assurre it would go under #4. Loren Blackstad - I have to doubt that any of you up here live in a house that would meet 4a unless you have I:x>ught a house in the last 60 days. Councilman Ibrn - Why wouldn't it canply? Loren Blackstad - The energy audits. You have certain requirements for insulation in the walls. You have seen how they build houses today. '!hey sheet them up with styrofoam. That's so they R30' s in the wall. It's just not practical to do this wi th anything other than new construction. If you are going to follow the letter of 4a what you have in effect said is nothing is ever going to be roved into Chanhassen. Councilman Geving - That's not all bad. Councilwoman Swenson - I agree. Loren Blackstad - 'lhat may be your point of view but not necessarily everyl:x>dies. Councilman Geving - I have seen four or five hares roved into Chanhassen that shouldn't have been and that's why we are adopting an ordinance to prevent it in the future. Loren Blackstad - If that's the intent why don't they just coroo out and say that they are not going to allow any hares to be roved into Chanhassen because what you are doing here is going through a lot of rigmarole to in effect you have got to jurrp through all these hoops and then you find out in the end that you can't do it anyway. Councilman Ibrn - You are saying there are other methods to get that same type of R rating that can be done to an older structure. I Loren Blackstad - Like how? Councilman Ibm - What is the purpose in putting that in new home construction? Loren Blackstad - The State adopted a new building code as of July 1st. Councilman Ibm - The purpose, as I understand it, is to bring any structure that is built fran that point on or placed on a lot fran that point on up to a certain requirement, why wouldn't it seem reasonable that it would canply with all structures. Loren Blackstad - I can see a can of wonns opening up for you folks with regards to addi tions onto houses and sare other things too, because if you are going to insist on it here then I would think you are going to have to follow through with mandating that anyl:x>dy who puts an addition of a certain size on a house is going to have to confonn to all new building codes also.s Loren Blackstad - Well, I don't know al:x>ut that. I Councilman Horn - That's only for a new addition. '!hey wouldn't have to bring the whole house-:-- I I I Council Meeting August 6, 1984 -15- Councilwanan SWenson - Well, Mr. Blackstad, I guess the bottan line here as far as I am concerned is that we have a requirement for buildings that are built in this City at this point in tirre and I see no reason why we should let sarething be brought in that is substandard to those requirements. I am sorry if you don't agree but I guess what this Councilperson on this does not feel that we should have two different stan- dards. IDren Blackstad - What's going to happen in this City in future years you are going to have to have hares I'OClved or else burned dcMn because you are going to I'OClve a street sane place or widen something out, it's going to happen here and then what are you going to do. You are going to say that all of sudden this house that has been sitting here for 20-30 years is not going to be pennitted to be in Chanhassen anyrrore because when it has to be I'OClved it's going to have to rreet all these requirements. Mayor Hamilton - I guess we will have to worry about that when the time canes. Hcpefully we will plan so that we don't have to I'OClve any homes. Don Ashworth - Are you saying that the wordage as it is is fine. Councilwanan SWenson - What I am saying is I want the inclusion of 47A. I feel that should be item d. under #4 if everybody agrees that that is where it should go. Mayor Hamilton - We also added item 2e stating that the Building Inspector's cannents are inclooed. Councilwoman SWenson - Don, were you here when 47A was adopted? Why was the "within the City" incorporated. I can see bringing "into". I guess that "within" since it's already here it had to have been issued a building pennit at one time. I think this is an interesting qtestion posed here which might be one that you might give thought to when we have the second reading. Don Ashworth - My original point was not the question that canes to City Council because it would. The question was that as in the Sorenson hare, the Building Inspector's recannendation at that time was that it did substantially meet the building requirements. There have been changes since that hare had originally been built. Councilwo.mm SWenson - Do we have a standard form that we send out to notify people that an application has been received for a change? Scott Martin - There is a standard fonnat. Councilwoman Swenson I'OClved to place on first reading an ordinance arcending ordinance 47 with the following additions: adding 2e requiring the Building Inspector's can- rrents, 4d adding the verbage of 47A. The City Attorney will clarify in item 1 whether it would be reasonable to leave out the "wi thin" . M:Jtion seconded by Councilman Horn. '!be following voted in favor: Mayor Hamilton, Councilwanan Sw:nson, Councilmen Horn and Geving. No negative votes. M:Jtion carried. CABLE TV UPDATE REPORT: Mayor Hainilton - Tan Liddler fran OeM-Sat and Don' s letter mentioned that there are several loose ends that have not been conpleted and need to be done prior to their going ahead with construction. It seems to be the only hold up at this tirre. I talked to Tan earlier and he said he was unaware of it until today. Don Ashworth - I am really not concerned. '!bey will follow through although it looks like a long list. They will totally canply. You have a set of the construction plans and Tan is really heading up the construction division an~ the question is whether or not the Council had any questions on those construct~on plans. Council ~ting August 6, 1984 -16- Tern Liddler - '!he deadline is October 15th and this includes victoria and St. Boni. Councilwoman Swenson - All of the areas contained wi thin these rraps are the ones that are going to be serviced? Don Ashworth - I have not met with Tan and verified that. I Tan Liddler - When people ask for service we will build it with our own crews instead of the crews we have brought in. Councilman Geving - So everything is roving ahead then? Don Ashworth - '!hey have got sane work to do but it is roving ahead. CHANHASSEN WATER SUPPLY, 9:>LICIT PROPOSAIS: Ma.yor Hamilton roved to authorize staff to solicit proposals regarding the status of the overall water system. M:>tion seconded by Councilrran Horn. '!he following voted in favor: Ma.yor Hamilton, Councilworran Swenson, Councilmen Horn and Geving. No negative votes. M:>tion carried. PlANS AND SPECIFICATIONS AND AUTHORIZE BIDS - S'lREET SEAICOATING PRcx;RAM, REROOFING FIRE sTATION #1: - - - Councilman Horn roved to approve the final plans and SPeCifications and authorize staff to advertise for bids. MJtion seconded by Councilroan Geving. '!he following voted in favor: Ma.yor Hamil ton, Councilwoman Swenson, Councilmen Horn and Geving. No negative votes. M:>tion carried. COULTER S'lREET, WATER, SIDEWAIK, PARKING wr IMPROVEMENT PRo.JEX;T: I RESOLUTION #84-42: Councilrran Horn roved the adoption of a resolution authorizing staff to advertise for bids for lighting the west parking lot, installation of out- side electrical outlets, and concrete repairs around City Hall. Resolution seconded by Councilroan Geving. The following voted in favor: Ma.yor Hamil ton, Councilwoman Swenson, Councilmen Horn and Geving. No negative votes. MJtion carried. COUOCIL <::n1PENSATION: On October 17, 1983, the Council acted to set Council conpen- sation at $200.00 per ronth for Members with the Mayor receiving an additional $100 .00 per ronth to be effective January 1, 1985. No further action was taken. ZONING ORDI~E: Councilworran Swenson suggested a joint meeting be held with the Planning Commission and Council before the Planning Commission holds a public hearing on the proposed zoning Ordinance. It was decided to meet after the Council has completed its budget work. SEWER LIFT STATION, CARVER BEACH: Councilwanan Swenson asked what happened to the sewer lift station in Carver Beach. Bill MJnk - It was a direct electrical hit on the transformer on Frontier Trail. It blew out three lift stations and two of them were quickly repaired but the big one in Carver Beach was not repaired for sane time. It is now operating again. We are looking into trying to protect the electrical system frern that type of overload but I honestly don't know whether that can be done. Even if we had had a generator on the spot, the generator has to work through the control box which was completely burned I out. Besides getting a purrp truck there to try and keep up which was done, there was no other option. '!here was no other action that could be taken. We are looking at what we can do. We called the PCA right away and told them that the situation had occurred and told them how long it had occurred. '!hey were going to cane over and take a look and let us know whether they saw any potential health problems but they thought not. As far as additional equiprrent, personnel, whatever, I don't know what I I I Council Meeting August 6, 1984 -17- you do on sanething like this. We have looked at a generator for that type of thing and it cc:xres down to how much 00 you want to pay for the hook up of a generator and the unit itself for an occurance such as this. A generator for that type of an installation would cost well over $20,000. It becc:xres one of trade-offs and what you are going to 00. A generator that would be used there would probably not be portable because it is such a huge lift station that none of our equipnent would pick that up except perhaps our loader and even that I s questionable because the loader can barely pull the purrps out of that lift station. '!he problem with that size generator is we would not be able probably to use it on at least 15 of the lift stations because it would be too big. '!he only ones that you would be able to rrechanica11y connect it to would be the one on Highway 7 which is quite huge, the one in Carver Beach which is probably our biggest and maybe only one other lift station so there is a lot of things involved and it has been looked at before I carre, in quite a bit of detail and I have looked at it again and I guess dismissed it. What I am looking at right flCM is the possibility of rroving up to next years purchase a vac-haul pump truck that the City might acquire to try and assist in handling those type of emergencies as they would cc:xre up in place of a generator which would easily keep up with rrost of our lift stations. We are looking at that and in the interim looking at electrical hook-ups that would protect against that type of a power surge but I oon't know whether you can protect against a lightning strike. It's not sanething that we will just pass as another occurrence where we couldn't keep up. We will try and 00 what we can to insure that it does not happen again. WEED CUTI'ING: Councilman Geving noted that the weeds need to be cut behind Kenny's Market. '!he City Engineer will see that it is oone. Mayor Hamilton gave a report on the status of this the pro- LAKE VIRGINIA FORCEMAIN: posed forcernain. Mayor Hamilton - We did have a good discussion and staff maintained their position that they still think the Lake Virginia forcercain is the best way to go. We main- tained our position. I think that we accanplished sane things. Sandra listened and was totally confused and Curt DeVries is on our side and he feels we are getting the shaft by what their staff is proposing. She offered to canpranise and so we accepted. Eden prairie and Chanhassen can sit down and propose a canpranise of sane kind. I thought we painted a really good picture and gave a strong case for our position and I think she understood it. That's where we are at. 1985 POLICE CON'lRACT: '!he Carver County Board of Ccmnissioners will be rreeting Tuesday, August 7th to set the fees for county policing. SALE OF ELOC'lRONIC BALLOT OOUNTERS: Councilman Horn rroved to approve the sale of the Ci ty' s three ballot counters to Miller-Davis in the arrount of $1,900 each. fution seconded by Councilwoman ~nson. '!he following voted in favor: Mayor Hamil ton, Counci1wanan Swenson, Councilmen Horn and Geving. No negative votes. fution carried. IDST OOND COUPONS: RESOLUrrON #84-43: Councilman Horn rroved the aooption of a resolution relating to certain lost oond coupons: authorizing payrrent. Resolution seconded by Councilwoman Swenson. '!he following voted in favor: Mayor Hamilton, Counci1wanan ~nson, Councilmen Horn and Geving. No negative votes. fution carried. A rrotion was made by Councilman Horn and seconded by Councilman Geving to adjourn. The following voted in favor: Mayor Hamilton, Counci1wanan ~nson, Councilmen Horn and Geving. No negative votes. fution carried. ~~~9~