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1985 02 25 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING FEBRUARY 25, 1985 Mayor Hamilton 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 Member Absent Councilman Geving Staff Present Don Ashworth, Barbara Dacy, Bill Monk, Roger Knutson, Lori Sietsema APPROVAL OF AGENDA: Motion was seconded by Hamilton, Councilwomen Motion carried. Mayor Hamilton moved to approve the agenda as presented. councilwoman Watson. The following voted in favor: Mayor Watson and Swenaon and Councilman Horn. No negative votes. CONSENT AGENDA: The following items were removed from the Consent Agenda: a. Subdivision Ordinance, Final Reading. c. Approve Revised Versions of Sewer Ordinance No.5 and Water Ordinance No.6, First Reading. Mayor Hamilton moved to approve the following Consent Agenda items pursuant to the City Manager's recommendation: b. Conditional Use Permit Request for a Bed and Breakfast Establishment on Property Zoned R-la,116l Bluff Creek Drive, Marjorie Bush. d. Approve Budget Amendment, Fire Department. RESOLUTION 185-06 Motion seconded by Councilmsn Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and. No negative votes. Motion carried. STATE BANK Q[ CHANHASSEN: Mr. Mike Higgens, President of The State Bank of Chanhassen, appeared before the council regarding the City Depository. He stated that Don Ashworth had sent him a letter indicating that the Bank had been approved as the depository only until such time as the bank changes ownership. The bank has been under new ownership for about two weeks now. The services_to the city in the past will continue. They hope to expand the services of the bank, and wish to con- tinue as the depository for the city. Mayor Hamilton: Is the operation going to continue pretty much as it is or are planning to do any expanding? Mike Higgens: In the immediate future we will be expanding the hours of the bank as of April 1. Opening the Drive In at 7:00 a.m. and running until 6:00 p.m. We will also open on Saturdays. We will be adding onto the Drive In probably three lanes, maybe four. And subsequent to that, maybe within a year, add onto the building. The question has been raised that if we are going to be spending $100,000 adding onto the Drive In, maybe we should look at other sites in town to see if there is something better for the money we will be spending in the next year and a half. Council Meeting, February 25, 1985 -2- Mayor Hamilton: In the past the City has used the bank for inverstment purposes in that of investing through the State Bank of Chanhasaen and getting advise from the officers at the bank. Do we still have the opportunity to dLscuss that with you? Mike Higgens: Absolutely. It will be myself or Bob you would talk to. call on you or please feel free to call on us. We will Councilwoman Swenson: It is desired for the city to have the checks returned in numbered sequence. Mike Higgens: yes we can do question that Don it. once had asked about that and it is something I have checked into and We have had a problem with the machine lately, but there is no we get it running right, yes we can sort them. AWARD Q[ BIDS: 1985 Administrative Vehicle: Don Ashworth has received bids and has looked at three different vehicles; 7-passenger, station wagon, and 4-door sedan, but did not receive any bids for the 7-passenger vehicle. He thought the prices for the station wagon were high. The 4-door passanger is recommended. As the council would like to look further into this matter, Councilwoman Swenson moved that they table the car business until next week's ~eeting. Motion was seconded by Councilwoman Watson. No negative votes. Motion carried. Fourth of July Fireworks: Lori Sietsema presented two quotes from fireworks display companies. Being: Gopher Fireworks Display Company and Banner Firework's Display Company. Lori's recommendation is going with Banner Firework's Display Company, as they had a very good response from them last year and they were very good to work with. She has heard nothing about Gopher Fireworks. Gopher Fireworks did give a lesser quote than Banner, but Lori feels that they should still go with Banner as they had good luck with them last year. There was mention of having the buttons again this year. Lori believed that they were going to have them again this year. Mayor Hamilton moved to approve the contract for Banner Fireworks in the amount of $2,733.00 this Fourth of July. Motion was seconded by Councilwoman Watson. No negative votes. Motion carried. APPROVAL OF MINUTES: Councilwoman Watson moved to approve the January LL 1985, Council minutes. Motion was seconded by Mayor Hamilton. The following voted in favor: Councilwoman Watson, Councilman Horn, and Mayor Hamilton. Councilwoman Swenson abstained. Motion carried. Councilwoman Watson moved to approve the January ~ 1985, Council mintues. Motion was seconded by Councilman Horn. The following voted in favor: Councilwoman Watson, Councilman Horn, Mayor Hamilton. Councilwoman Swenson abstained. Motion carried. Mayor Hamilton moved to approve the February ~ 1985, Council minutes. Motion was seconded by Councilwoman Watson. The following voted in favor: Councilwoman Watson, Councilman Horn, and Mayor Hamilton. Councilwoman Swenson abstained. Motion carried. Councilman Horn moved to note the January ~ 1985, Planning Commission minutes. Motion was seconded by Mayor Hamilton. All voted in favor. Motion carried. Mayor Hamilton moved to note the December ~ 1984, Park and Recreation Commission minutes. Motion was seconded by Councilman Horn. All voted in favor. Motion carried. APPROVAL Q[ ACCOUNTS PAYABLE: Mayor Hamilton moved to approve the bills as presented: checks #022227 through 022308 in the amount of $105,811.52 and checks 1024672 through 024784 in the amount of $254,941.25. Motion was seconded by Councilwoman Swenson. The following voted in favor: Councilwomen Watson and Swenson, Councilman Horn and Mayor Hamilton. No negative votes. Motion carried. I I I I I I Council Meeting, February 25, 1985 -3- 1985 LIQUOR LICENSE FEES: Russ Pauly was present for the council meeting to hear the outcome of the 1985 Liquor License Fees. RESOLUTION #85-07: Councilman Horn moved that the adoption of a resolution establishing the liquor license fees at the same level as 1984 fees. Resolution seconded by Councilwoman Watson. The following voted in favor: Councilman Horn, Councilwomen Swenson and Watson and Mayor Hamilton. No negative votes. Motion carried. SITE PLAN REVIEW FOR AN OFFICE/WAREHOUSE FACILITY ~ 9.16 ACRES ZONED f=1L REDMOND PRODUCTS: Barbara Dacy: The parcel is located next to Automated Building Components, Ryan Development on West 78th Street. What they are proposing is a 39,000 square foot office and warehouse facility for professional beauty salon products. They are in between the Planning Commission Meeting and the Council Meeting, the applicant has informed us that they have the financial capability to add on 12,000 additional square feet to the rear of the warehouse, and as recommended in your memo the staff now has concerns in that additional increase because they have submitted a letter stating the number of employees to be retained or work in the warehouse area will be at a maximum of six (6), so the additional warehouse area will not pose any addi- tional parking problems. The engineering office has reviewed the drainage situation as well and has recommended approval. Our conditions of approval are basically the same that for all commercial and industrial developments tactic curving rooftop mecha- nical equipment be screened, the requirements of the engineers office be complied with and we are also making one more recommendation of the landscaping plan that additional evergreens be planted along the western boundry of the site of the loading facility and some minor additions to finish off the berming that they are proposing to install along the front of the property, so either way the parking and the traffic areas will be screened. Councilwoman Watson: If for any reason, if the facility would change hands or anything like that, there's plenty of room for additional parking for the new person coming in that had more people, would they be bound to increase their parking? Barbara Oacy: We would catch a change of occupancy at time of perminant issuance and if it is shown that there are more employees that are going to be generated by that new use, we would certainly require that they install additional parking. Councilwoman Watson: You could require it at that time. Councilman Horn: It looks like, on the diagram, that there is plenty of room on the western side. If we ever somehow find the money to run Highway 101 straight through there, would there be enough room left for it? Bill Monk: Highway 101 extension would go through the parcel to the west. They split off 149 feet off of this parcel some time ago. I believe that the extension 101 would go in that abutting parcel, it would not go through this one. Councilman Horn: That's what it looks like from the diagram. Bill Monk: This shouldn't hinder at all any of the future, possibilities for this. Councilwoman Swenson: I am looking at the drive in here, I am assuming that you enter the parking lot from the eastern entry way. Do they have to come out that way again? Or can they come out on the west side? Council Meeting, February 25, 1985 -4- Barbara Oaey: The western most drive way will be a one-way out and then the other I two driveways will allow for that circular motion. However, with that additional driveway in the middle it does allow for some type of separation between the auto and the truck traffic. Councilwoman Swenson: Actually, the middle driveway is a two-way. Trucks and cars. Is 24 feet wide enough to accomodate some semis and automobiles? It seems like a pretty narrow driveway to take care of two trucks. Barbara Dacy: It is the standard pavement width between 9 degree angle parking and so on and it is usually the standard for two way traffic. Bob ~ RYAN DEVELOPMENT: The philosophy behind the three drives was that the western most drive would be exit for all semis. So you are not going to get any two- way traffic of any semis on this middle drive. You could, but, even if the semi is accessing the loading docks, it would be much more difficult to make a turn than to just go out the western exit. Councilwoman Swenson: So traffic will flow from the parking lots both east and west. Bob Ryan: Correct. Councilwoman Swenson: You are only anticipating six (6) employees? Councilwoman Swenson: How many employees all together? I Bob Ryan: No, there are six (6) employees for the warehouse portion. Bob Ryan: There is a total of about 21 employees. Councilwoman Swenson moved that the City Council approve the site plan request #85-01 for 37,000 square foot warehouse and a 9,280 square office complex sub- ject to the conditions contained in the staff report dated February 13, 1985. 1. Submission of a revised landscape plan incorporating staff's recom- mendations prior to issuance of a building permit. 2. Compliance with the recommendations of the City Engineer in his memorandum dsted February 8, 1985. 3. Installation of concrete curbing along the perimeter of all paved areas. 4. Any rooftop mechanical equipment must be screened in a manner con- sistent with the materials of the principal building. 5. If additional employees are retained beyond what has been repre- sented to the City in this application as indicated in the letter of February 6, 1985, the applicant shall insure that adequate parking areas are installed to accommodate said increase if necessary. I Motion seconded by Councilman Horn. The following voted in Hamilton, Councilman Horn, Councilwomen Swenson and Watson. Motion carried. favor: Mayor No negative votes. I I I Council Meeting, February 25, 1985 -5- LAKE ANN PARK: --- LAWCON BOAT ACCESS AGREEMENTS: Mayor Hamilton moved to approve the Lawcon agreement with the Lake Ann Park Boat Access. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilman Horn, and Councilwomen Watson and Swenson~ No negative votes. Motion carried. 1985 PARK ENTRANCE FEES: Councilman Horn moved to set a $3.00 daily entrance fee into Lake Ann Park. Motion was seconded by Mayor Hamilton. The following voted in favor: Councilman Horn, Mayor Hamilton and Councilwoman Swenson. Councilwoman Watson voted no. Motion carried. HERMAN FIELD SITE PLAN: Lori Sietsema presented the Herman Field Site Plan as prepared by Van Doren Hazard Stallings. She stated that due to the topography of the land and everything, we couldn't put in all of the things that were ori- ginally talked about. So we came up with an active use park plan that isn't in the traditional sense. It is more of an explore-discover play park. It has a l6-car parking lot. A chip-wood trail goes throughout the whole park and along the trail there are explore-discover type play areas. There is also a nature type trail. A small ball field is located right in the middle with a backstop and is strictly for the children's use. It is not large enough for adults to play on it. Councilman Horn moved to accept the plan as prepared by Van Doren Hazard Stallings for the Herman Field Site Plan. Motion was seconded by Councilwoman Watson. The following voted in favor: Councilman Horn, Mayor Hamilton, Councilwomen Watson and Swenson. No negative votes. Motion was carried. 1985 PARK DEDICATION FEES: Mayor Hamilton moved to set the 1985 Park Dedication Fees to remain the same as 1984. Motion was seconded by Councilman Horn. The following voted in favor: Councilman Horn, Mayor Hamilton, Councilwomen Watson and Swenson. No negative votes. Motion carried. CONTRACT FOR PLANNING SERVICES, PARK DEVELOPMENT, VAN DOREN HAZARD STALLINGS: Councilwoman Swenson moved to approve the the contract from VanDoren Hazard Stallings for the involvement with the projects of Herman Field, Lake Ann and Lotus Lake. Motion was seconded by Councilwoman Watson. The following voted in favor: Councilman Horn, Mayor Hamilton, Councilwomen Watson and Swenson. No negative votes. Motion carried. OLD INSTANT WEB BUILDING UPDATE: The sale of the Old Instant Web Building was discussed briefly by the council. Detaila of the sale are still being worked out. No action was taken on this matter. 1985 POSITION CLASSIFICATION PLAN, FINALIZED: A review of Don Ashworth, City Manager was prepared by Mayor Hamilton and discussed by the city council. In accordance with the discusion and review, it was mutually agreed that Don be awarded a B rating con- sistant with the approved 1985 pay compensation plan. Councilwoman Swenson moved that the council accepts the "B" rating pay raise for Don Ashworth. Motion was seconded by Mayor Hamilton. The following voted in favor: Councilman Horn, Mayor Hamilton, Councilwomen Swenson and Watson. No negative votes. Motion carried. MnDOT PLANS FOR TH & IMPROVEMENTS IN GALPIN BLVD. AREA: - --- - Bill Monk: The city recently received construction plans from MnDOT proposed improvements to Highway 7 in the area of Galpin Lake Road. improvements call for the closing of the median crossing on Highway concerning These 7 at Galpin Council Meeting, February 25, 1985 -6- Lake Road. I believe this closing will have a negative impact on the Chanhassen residents, many of whom use Galpin Lake Road as their main access to Highway 7. I do not agree with agruments that this closing will promote addi- tional safety for traffic on Highway 7 and for that reason I am recommending the Council send a resolution to MnDOT requesting that the existing crossing only be upgraded as a part of the proposed improvements. I Councilman Horn: Where is this in process? Bill Monk: This is already into the process, because the resolution will be sent directly to Crawford along with a letter saying that we are very hopeful that this can be taken care of before the bidding process. They are moving into the bidding procees, whic~ is late, but hopefully there still is time. Councilwoman Watson: wanted to have a light and not go through the Excelsior wanted there in 1987 at light. it closed due to the fact that they 19 and 7 and the people would cut off Mayor Hamilton moved that Resolution 185-08 should be sent to MnDOT stating that the City Council is in disagreement with their proposal. Motion was seconded by Councilman Horn. The following voted in favor: Councilman Horn, Mayor Hamilton, Councilwomen Watson and Swenson. No negative votes. Motion carried. CONSENT AGENDA: 1. a. Subdivision Ordinance, Final Reading. Councilwoman Watson: I talked to Roger and one of his concerns was that regardless to whether people are notified, failure to give notice does not inva- lidate them. This, of course, is just standard. But he felt that because it gives the resident much protection from the city of developer who is just moving along and happens to forget to notify them. Roger also said that failure to all three of these things wouldn't constitute having attempted good faith to notify and probably wouldn't delegate it in the court of law, even if he did. So the chances that we would actually miss all three notifications, wouldn't be very likely to happen. I Councilman Horn: I think it is a very good idea for property signs. I would hate to get into a contest with somebody saying I drove by that place and I didn't see that sign. Councilwoman Watson: Grounds for denying of the inability to decide that based on the fact that the neighborhood off a large lot and someone comes in and because even in low density you could have a 15,000 square foot lot and someone comes in and puts in this subdivision of this little tiny lot in an area. There is no grounds for denial. Roger Knutson: Under the ordinance it states that in considering lot sizes and what not you have to consider the surrounding area. I have had that problem before in a community where we had denials. SECTION 6. SUBDIVISION DESIGN STANDARDS: 6.9 Minimum Design Features. The design features set forth in the Ordinence are minimum requirements. They City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. I Councilwoman Watson: Several yeara ago, there were endless Public Hearings. Does this allow for the option of having more than one Public Hearing over a sub- division or if something is controversial? I I I Council Meeting, February 25, 1985 -7- Roger Knutson: vents it. You Hearing for an It doesn't require it, but there is nothing in here that pre- say more than one Public Hearing, you can continue a Public indefinate time, subject to Limitations and Statute. Councilwoman Watson: Another thing was our property now can be in a Contract for Deed. that these have occurred. So somebody just There is no way of our knowing and if there division has actually occurred, only it has ability to enforce that now, so much We don't always seem to be aware sells off their house and one acre. is a way of enforcing that sub- never been known. Roger Knutson: Some of those things happen. The county should not record that Contract for Deed. If it does, they are in violation of State Statute. When they come in for a building permit, you catch it and tell them no building per- mit, it's not a legal subdivision. There are several ways you can catch it. Councilwoman Watson moved to approve the Final Reading of the Subdivision Ordinance, including the Summary Ordinance for publication purposes. Motion was seconded by Mayor Hamilton. The following voted in favor: Councilman Horn, Mayor Hamilton and Councilwomen Watson and Swenson. No negative votes. Motion carried. CONSENT AGENDA: 1. c. Approve Revised Versions of Sewer Ordinance No.5 and Water Ordinance No.6, First Reading. Councilman Horn: My concern is about the depreciation factor we discussed. I think that it more than fair the way it is and I think that doing it this way we are going to discourage people who have current working septic systems, when the sewer runs by it might discourage them. They might as well wait as long as they can as long as their system works. Why shouldn't they. It will cost them less in the future. The Council discussed. Mayor Hamilton then moved to approve the revised versions of the Sewer Ordinance No.5 and the Water Ordinance No.6, First Reading. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton and Councilwomen Watson and Swenson. Councilman Horn voted no. Motion carried. CARVER COUNTY ASSESSING CONTRACT: The City Council discussed the status of the Assessing Contract and Councilman Horn moved to direct the City Manager to pre- sent the City's formal position regarding the payment for assessment services for 1983 - 1985 to Carver County. The motion was seconded by Mayor Hamilton. The following voted in favor: Councilman Horn, Mayor Hamilton and Councilwomen Watson and Swenson. No negative votes. Motion carried. Mayor Hamilton moved to adjourn. Motion was seconded by Councilman Horn. The following voted in favor: Councilman Horn, Mayor Hamilton, and Councilwomen Watson and Swenson. No negative votes. Motion carried.