Loading...
1984 12 17 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 17, 1984 Acting Mayor Geving called the meeting to order. The meeting was opened the meeting with the Pledge to the flag. Members Present Councilman Horn, Councilwoman Watson Councilwoman Swenson Members Absent Mayor Hamilton Staff Present Don Ashworth, Barbara Dacy, Bill Monk, Mary Vujovich Howard Noziska, Planning Commission APPROVAL Of AGENDA: Acting Mayor Geving moved to approve the agenda as presented with the addition of discussion on delivery of Council packets. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. CONSENT AGENDA: Acting Mayor Geving moved to approve the consent agenda pursuant to the City Manager's recommendations: a. Initiation of Condemnation Proceedings for Benz Easement in Pheasant Hill Improvement Project. RESOLUTION 884-65 b. Ordinance Rezoning Property from R-la to R-l, Herman Property, final Reading. I c. Reciprocal Building Inspector's Agreement with Carver County. d. Bluff Creek Drive Railroad Signalization. ~I~tio~'~~-~ Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. MINUTES: Amend the December 3, 1984, Council minutes, PIPER RIDGE SUBDIVISION REQUEST, page 6, by adding the following: Councilwoman Watson - The sketch plan we went through on this particular item, I thought we made it rather clear that we wanted the wetland left alone and when the preliminary plat came to us there didn't seem to be any attempt to understand what we had said at the sketch plan review time. What is the point in having sketch plan review if it doesn't give the deve- loper some idea that if he doesn't respond to what we have said at that point there is no reason to even have it. Acting Mayor Geving moved to approve the December 3, 1984, Council minutes as amended. Motion seconded by ~ouncilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. Councilwoman Swenson moved to note the November 14, 1984, Planning Commission tes. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative Motion carried. minu- Acting votes. Council Meeting December 17, 1984 -2- Acting Mayor Geving moved to note the November 28, 1984, Planning Commission minu- tes. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. RECONSIDERATION QI PIPER RIDGE SUBDIVISION REQUEST: Randy Herman has requested this item be tabled to the January 7, 1985, meeting. Acting Mayor Geving moved to table this item to January 7, 1985. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. I MUNICIPAL INSURANCE COVERAGE: Dan Hoffman, Dolliff Insurance, was present to discuss workmens compensation coverage for the Council. Council members requested Mr. Hoffman determine if the city commission members are included now and, if not, what the premium would be to include these members. Acting Mayor Geving moved to table this item to January 7, 1985. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. DNR REQUEST !Q ESTABLISH A WILDLIFE MANAGEMENT AREA ~ CHANHASSEN: Ed Crozier were present to discuss a proposed agreement between the Chanhassen and the Department of Natural Resources. Chet Teich and were present. Jon Parker and City of Sever Peterson Acting Mayor Geving moved to approve the agreement between the City and DNR, subject to review by the City Attorney, with a modification to 06 which will state: This agreement shall be for a ten year period at which time both parties shall review I said agreement. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. BILLS: Acting Mayor Geving moved to approve the bills as presented: checks 1022039 through 8022124 in the amount of $1,444,684.77, checks 1020866 through 8020961 in the amount of $320,769.03, a check to Herfert Enterprises in the amount of $1,011.51, a cheek to City of White Bear Lake in the amount of $1,757.79, and checks to be paid from the 1985 Budget totaling $24,264.19. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. METES AND BOUNDS SUBDIVISION REQUEST !Q CREATE THREE PARCELS, 6200 AND 6230 MURRAY H ILL ROAD. WAYNE FRANSDAL: Barb Daey - The applicant is proposing to subdivide two parcels into three. Several years ago the property was subdivided by metes and bounds and now the applicant wants to subdivide those two parcels into three parcels. All of the lot sizes meet the lot area requirements of the R-l district and all lots abut a public street. The comment that is attached to your staff report from the City Manager addresses a recommendation to plat the property. When the applicant and myself first talked we discussed both issues and I informed him that under current City Policy for a sub- division of three parcels or less a metes and bounds subdivision has been accepted and approved. I recommended platting in this particular instance because it was in I an area that has been previously platted although the plat was done in 1884 we still recommended that platting of the property would simplify legal descriptions and title records for those particular parcels. Our recommendation is approval subject to the survey being put into a plat. I I I Council Meeting December 17, 1984 -3- Don Ashworth - Approximately a year ago the City Council relooked at its policy for subdivisions. At that time we made a provision to allow subdivision by metes and bounds descriptions. We made a number of changes. I Think that there were some good changes. I would ask that the Council reconsider the allowance for the metes and bounds subdivision. The applicant was informed that he had the right to submit this item as a metes and bounds subdivision. It will cost $1,000, maybe $1,500 to place this subdivision into a plat format but anyone can recognize that form of description whether it be accounting personnel, engineering personnel, etc. There is very little chance that an error would be made .in sending any type of a notice, a transfer of the property and anyone of 50 different types of notifications that occur to properties during the course of a year. By contract, if you look at metes and bounds descrip- tions like these, and some of them can be a quarter to a half page, they become very confusing and to send out any type of notice you are literally misdirecting the efforts of an engineering staff that might have to put down other work assignments to find out where is this parcel. It's our recommendation and belief that platting is justified and I am hoping the Council will reconsider the earlier policy. I believe that by gaining the additio he applicant has gained a tremendous additional value that really wasn't there before. You gave him the right to create one lot or three lots. That's our recommendation. Actinq Mayor Gevinq - I would like to hear from Bill now regarding the sewer and water hookups and what is in the ground now for this property. Bill Monk - There are three services into the property at the present time. They all come in to Lots A and B. To service Lot C, a connection to the main in Murray Hill Road will have to be done and that would be under normal City Policy since the City did its part in trying to establish where best to put the services back with the North Service Area Project, the service that would be dug in for Lot C would be at the owners expense. Actinq Mayor Geving - There is no deferred assessments. The landowner has been paying on three assessments? Wayne Fransdal - That is correct. Councilman Horn - I think, as far as an expense to the City, one of the things we should consider also is by allowing this type of subdivision to take place it may cost us a little bit but on the other hand we are creating a higher tax base because in most cases when we allow this type of subdivision some type of development takes place. I suspect that the taxes we generate on that more than off-set the cost to the City to comply with the metes and bounds type of description. Don Ashworth - That's true. Whether you create one lot or 50 lots within the com- munity, it will generate new taxes. In my own mind it still is a question of how to best create that parcel? What form is the best for all parties in the future? Councilman Horn - The question that I am asking is whether we discourage some parcel division if we require platting. Don Ashworth - You may and, again, I have not talked with the applicant in this case. This may be an instance in the North Service Area where assessments have been paid. But generally if a property owner were able to develop three lots or one or two, he gains a significant value by the privilege that you have given in allowing him to create that new lot. The $1,000 payment for plat format in my own mind is a cost of doing business. Council Meeting December 17, 1984 -4- Councilman Horn - I think that's true if someone is dividing to sell to other people but quite a few of the requests that we have had have been through families where they want to subdivide for other members of the family and in that case there is no exchange of property. We might increase the equity in the property we really are costing the property owner more because they are not selling to an outside person. I think quite a few of these that we have had have fallen into that category. Don Ashworth - I think in previous years you subdivision. There is one on 101 and one on the son to be able to build on the property. will always be an exception process. What I the policy it's gone totally the other way. bounds instead of being an exception to take have allowed for some metes and bounds 17 where the father had wanted to allow Those were approved. I think there am saying is that since we have adopted Everything has come in as a metes and care of the family situations. Councilman Horn - I think there is another thought, too, and that is the type of development we are opening up or encouraging in that area is on the larger lot type of thing and eventually if we got into a more urbanized area then we would develop more on of a PUD type of thing and would develop a plat. This is more or less an interim approach until we get to the point where that area does fully expand. Acting Mayor Geving - We did assess this area for three sewer hook ups and that has held a lot of sway with me over the years in the North Service Area. We have generally looked at these areas if the sewer assessment has been placed it generally meant that there was an intention of the City at some future time to divide and make a lot of that particular area and we have pretty much gone with that type of thinking. Councilwoman Swenson - We have the strangest configuration and division that I think I have seen since I have been here. We have one lot with almost 80,000 square feet. We have one with 16,000 and one with 31,000. I can see landlocked property. You are going to have a potential four or five lots back in there. What caused you to split this one in the middle. I would have thought that you would have made that the same as the other. Wayne Fransdal - If you could see the terrain you could understand a little bit better. You are dealing with a deep ravine. Councilwoman Swenson - I don't understand this configuration at all. Wayne Fransdal - There is an opportunity for future subdivision. The key to the subdivision is water and sewer and access to Chaska Road. There is no way into the water and sewer from that back line through "A". It drops off so severely you could not get into Murray Hill Road without an individual pump or lift in the house. It was my desire that some future time I can utilize that and it really is not accessible from Parcel "C" because of the terrain that exists. Councilwoman Swenson - You mean the only access to the property is through "A", is that what you are trying to tell us? Wayne Fransdal - Or "C". Acting Mayor Gevinq - I get the impression from your comments to Councilwoman Swenson's questions that your intention, at some future time, is to continue to further subdivide Parcel "A". I I I I I I Council Meeting December 17, 1984 -5- Wayne Fransdal - If I would get access to Chaska Road, I would certainly consider it. ActinQ Mayor GevinQ - If you straightened out the lot lines for "B" all the way to the back like you did with "C" you would cut down a lot of the metes and bounds description. You live on lot "A"? Wayne Fransdal - That is correct. Councilwoman Swenson - The point that I am making is I am looking at what's going to happen in the future. We are talking now about whether we are going to allow this as a metes and bounds or whether we are going to require lots. We have a problem in either case because "C" is definitely against our ordinances. You are not supposed to have a lot that is twice the depth of the width. Barb Dacy - That's only provided for in the R-la District so in this case it would not apply. Councilwoman Watson moved to approve the subdiviaion of Lots 27 and 28, Murray Hill Addition. The applicant is required to place such in plat format. Motion seconded by Acting Mayor Geving. The following voted in favor: Acting Mayor Geving and Councilwoman Watson. Councilman Horn and Councilwoman Swenson voted no. Motion failed. Councilman Horn moved to approve the metes and bounds subdivision of Lots 27 and 28, Murray Hill Addition as proposed. Motion died for lack of a second. Councilwoman Swenson moved to approve the subdivision of Lots 27 and 2B, Murray Hill Addition provided the applicant extend Lot "B" to the westerly lot line and plat the property as recommended by the City Manager. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson. Councilman Horn voted no. Motion carried. SITE PLAN APPROVAL FOR PARK COURT PLAZA, CHANHASSEN LAKES BUSINESS PARK: Barb Dacy - The property is located in Chanhassen Lakes Business Park at the end of Park Court and the applicant is proposing a 15,158 square foot warehouse and office complex. It appears that the proposed site plan meets the requirements of the P4 District and we have some minor recommendations such as, applicant, before the issuance of a building permit, submit in detail the proposed signage, lighting loca- tion and the access and screening details of the trash enclosures. We also have made some landscaping recommendations, for example, that the existing conifers be preserved for screening from the highway and thst there be low, maybe three or four foot high, vegetation between the lot line and the parking area. Finally, concrete curbing except in those areas that intend to be expanded and as usual, the watershed district requirements will have to be met and any City drainage requirements that have been identified in the City Engineer's memo. Councilwoman Swenson moved to approve the 15,158 square foot office/warehouse building, Park Court Plaza, Roman Roos applicant, subject to the following conditions: 1. The applicant must submit detail of proposed lighting features, signage, and trash enclosures. 2. That the northeastern perimeter of the property be landscaped with fast growing evergreens interspersed with similar species used on the east side of the pro- perty. 3. That all permanent parking areas be lined with concrete curbing. 4. That the applicant must meet City and Riley Purgatory Creek Watershed District requirements. Council Meeting December 17, 1984 -6- 5. That the existing conifers to the north of the proposed building must be pre- served. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. PARK AND RECREATION COMMISSION RESIGNATION AND APPOINTMENT: Councilman Horn moved to accept Richie Hemping's resignation and direct the City Manager to prepare a letter under Council signature. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried. Acting Mayor Geving moved to accept the Park and Recreation Commission recommen- dation and appoint Wallace McKay to serve for a three year term. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried. Lori Sietsema was directed to send a letter to Mr. McKay acknowledging his appointment. TRANSFERS AND CLOSINGS ~ PARK FUND MONIES: RESOLUTION 884-66: Councilwoman Watson moved the adoption of a resolution authorizing the closing and transfer of certain funds. Resolution seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried. POSITION CLASSIFICATION PLAN, 1985 BUDGETARY MODIFICATIONS: Councilwoman Watson moved to accept the position classification plan for 1985 as presented on this date including the comments of the City Manager in his memorandum of December 17, 1984, regarding the Treasurer position. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Watson and Swenson. No negative votes. Motion carried. COUNCIL fACKET DELIVERY: Councilwoman Watson asked that Council packets be deli- vered on Friday evening. REVIEW BRIDGE REPLACEMENT ON ltt 169: The City Engineer presented MnDOT plans for reconstruction of a bridge on Trunk Highway 169. No action was taken. Councilman Horn moved to adjourn. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried. Don Ashworth City Manager I I I