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1985 08 19 I I I ~ ~. REGULAR CHANHASSEN CITY COUNCIL MEETING August 19, 1985 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson and Councilman Geving Members Absent Councilwoman Swenson and Councilwoman Watson arriving late Staff Present Barbara Dacy and Bill Monk APPROVAL Q[ AGENDA: Councilman Geving moved to approve the agenda as presented. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: The following items were removed from the consent agenda for further discussion: I.e. Approval Conditional Use Permit for a Recreational Beachlot, Red Cedar Cove. f. Approval Conditional Use Permit for a Boathouse, Red Cedar Cove. The following consent agenda item was removed from the agenda and will be placed on a future agenda: l.g. Approve Amended Conditional Use Permit for Gardeneer, Inc. Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations: l.a. Set Assessment Hearing Dates for 201 Program and Pheasant Hill Projects. b. Set Special Meeting Date for Budget Work Session (Sept. 30) c. RESOLTION #85-44: Approve Request to Connect to Shorewood Sewer Service, 3520 Highway 7, Shorewood Oaks Development Corporation. d. Approve Plans and Specifications for Maple Ridge Addition, Duane Barth. h. Final Plat Approval, Trapper's Pass Second Addition. i. Grading Plan Approval, Trapper's Pass Second Addition. j. RESOLUTION #85-45: Carver County Assessing Contract. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING: EASEMENT VACATION FOR LOT ~ BLOCK lL SUNNY SLOPE ADDITION, ALLEN GRAY: Mayor Hamilton called the public hearing to order. ."-,, .!--<f.\,~.\ Council Meeting, August 19, 1985 -2- There being no comment from the public, Mayor Hamilton moved to close the public hearing. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. RESOLUTION 685-46: Mayor Hamilton moved the adoption of a resolution approving the Easement Vacation of lot 8, Block 1, Sunny Slope Addition upon the recording of the new easement. Also, that the existing pond not be totally removed or filled until the work designated on Exhibit "B" is completed, including stabilization, and approved by the City. Resolution was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. I FIRE DEPARTMENT TANKER: RESOLUTION #85-47: Councilman Geving moved the adoption of a resolution accepting the bid of $18,260 from Engle Fabrication, Inc. for the Fire Department Tanker. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. MINUTES: Mayor Hamilton moved to note the Planning Motion was seconded by Councilman Geving. Hamilton, Councilmen Horn and Geving. No Commission minutes dated July 24, 1985. The following voted in favor: Mayor negative votes. Motion carried. Mayor Hamilton moved to note the Public Safety Commission minutes dated June 20, 1985. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. I BIll S: Councilman Geving moved to approve the bills as presented: checks #022733 through #022839 in the amount of $1,190,796.32 and checks #025365 through 025496 in the amount of $299,463.55. Motion was seconded Horn. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. Councilwoman Watson arrived at this point in the meeting. FRONT YARD SETBACK VARIANCE REQUEST FOR ~ SINGLE FAMILY RESIDENCE, 6655 HORSESHOE CURVE, JAMES MURPHY: SIDE YARD SETBACK VARIANCE REQUEST TO CONSTRUCT AN ADDITION TO A GARAGE, 3624 RED CEDAR POINT ROAD, LINDA BAUER: FRONT YARD SETBACK VARIANCE REQUEST lQ CONSTRUCT A SINGLE FAMILY RESIDENCE, lOT ~ BLOCK lL CHRISTMAS ACRES, TODD NOVACZYK: SIDE YARD SETBACK VARIANCE REQUEST FOR CONSTRUCTION OF A GARAGE, 7604 IROQOIS, REUBEN KElZENBERG: The above four items were passed unanimously at an earlier Board of Adjustments and Appeals meeting. Therefore, no action is required by the Council. I ED SIEBENALER, 9005 lAKE RILEY BOULEVARD: a. Variance Request for ~ Addition ~ ~ Non-Conforming Structure. b. Request for Extension for Requirements to Connect to Sanitary Sewer. I I I Council Meeting, August 19, 1985 -3- ~ VARIANCE REQUEST FOR AN ADDITION TO A NON-CONFORMING STRUCTURE: This item was withdrawn by the applicant. REQUEST FOR EXTENSION ~ REQUIREMENTS lQ CONNECT lQ SANITARY SEWER: Councilwoman Watson moved to deny the request to extend the requirements to connect to sanitary sewer and proposed the following three options: 1. That sewer be installed to the existing structure and a well be provided; or 2. To remove the existing structure; and 3. That the property not be used after Labor Day and signs posted stating that the structure was inhabitable. It is agreed that no matter which option is chosen, the Council will review this matter by June 6, 1985. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. CONDITIONAL USE PERMIT REQUEST FOR A BOATHOUSE, 469 PLEASANT VIEW ROAD: Councilman Horn commented that he was surprised that the DNR was not involved in this approval process and perhaps the City should look more closely at its requirements during the ordinance revision. PARAGRAPH ADDED PER AMENDMENT OF 9-9-85, Pg 4. Councilwoman Watson moved to reaffirm the staff recommendations in the May 8, 1985 staff report as follows: 1. That the boathouse conforms to the site plan dated May 1, 1985 2. That the boathouse conforms to the landscaping and erosion control plan. 3. That the boathouse will not be used for habitation and will not contain sanitary facilities. Motion was seconded by Mayor Hamilton. The following voted Hamilton, Councilwoman Watson, Councilmen Horn and Geving. Motion carried. in favor: Mayor No negative votes. CONDITIONAL USE PERMIT REQUEST FOR ~ ADDITION lQ THE CHANHASSEN TACO SHOP, 195 WEST 79th STREET, GUY PETERSON: The Council discussed this item and there was some concern with the location of the restrooms near the kitchen facilities and about the necessity for handicap access to the restrooms. Barb Dacy explained that the applicant would have to comply with the necessary health and building codes at the time of permit application. Councilwoman Watson moved to approve the Conditional Use Permit 185-7 for the addi- tion to the existing restaurant and based on the site plan with the following conditions: 1. That a 20 foot separation be maintained between the picnic area parking stalls. ..., Council Meeting, August 19, 1985 -4- 2. The Conditional Use Permit be reviewed if parking capacity is inadequate to handle present traffic or if internal congestion poses significant safety hazards. I 3. The Conditional Use Permit will be reviewed on an annual basis. Motion was seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman, Councilmen Horn and Geving. No negative votes. Motion carried. CHANHASSEN LAKES BUSINESS PARK 5TH ADDITION, OPUS CORPORATION: a. Petition for Public Improvement Installation. ~ Final Plat Approval. c. Zoninq Ordinance Amendment for Off-Premise Parking ~ ~ Permitted Use in the .E..=.h Planned Industrial .Development District. d. Site Plan Review for ~ Off-Premise Parking Lot. A. PEITIION FOR PUBLIC IMPROVEMENT INSTALLATION: RESOLUTION 185-48: Mayor Hami.lton moved the adoption of a resolution approving the petition for public improvement installation and that a feasibility study be authorized detailing improvements required to service the replatted lots. Further, the developer be required to adhere to City policy regarding establishment of an escrow account to cover study costs and the study be prepared by Rieke, Carroll, Mueller Associates, Inc. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. B . FINAL PLAT APPROVAL: -- I Councilman Geving moved to approve the final plat for the Chanhassen Lakes Business Park 5th Addition with the following conditions: 1. The location of a watermain on the western boundary of the subdivision CLots 1, 4, 5, and 6). 2. The designation of a dedicated public sanitary sewer easements in Lots 5 and 6. 3. The execution of a development contract. 4. The submission of the necessary financial securities. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. C. ZONING ORDINANCE AMENDMENT FOR OFF-PREMISE PARKING AS A PERMITTED USE ~ THE P-4, PLANNED INDUSTRIAL DEVELOPMENT DISTRICT: Councilman Geving moved to approve the Zoning Ordinance Amendment 185-2, first and second reading, to amend Section 17.02 of the P-4 District as follows: 5. "Off-premise parking." I Motion was seconded by Mayor Hamilton. The following voted Hamilton, Councilwoman Watson, Councilmen Horn and Geving. Motion carried. in favor: Mayor No negative votes. I I I r-- Council Meeting, August 19, 1985 -5- D. SITE PLAN REVIEW FOR ~ OFF-PREMISE PARKING LOT: Councilman Horn moved to approve the site plan review for- an Off-premise parking lot with the following conditions: 1. That additional landscaping be planted along the easterly side of the parking area. 2. That the whole berm be covered with sod. 3. That the applicant submit a lighting plan. 4. That the westerly access not be constructed until Park Place cul-de-sac is in place. 5. That the applicant comply with the City Engineer's recommendations: a. Catch basin outlet pipe shall be 12" RCP. b. City Engineer shall be notified as existing 48" pipe is tapped so connection can be inspected. c. Applicant is responsible for existing curb removal and concrete apron construction for proposed driveway access. d. All distributed areas adjacent to bituminous lot shall be restored as specified on the plan within 30 days of curb installation. e. Bituminous surface shall be in place no later than June 15, 1986. Motion was seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman, Councilmen Horn and Geving. No negative votes. Motion carried. APPROVE FIVE YEAR MUNICIPAL STATE AID STREET IMPROVEMENT PLAN: Councilman Horn moved to approve the five-year Municipal State Aid (MSA) street improvement plan as presented in the City Engineer's memo dated 8-16-85. Motion was seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. APPOINTMENTS: ~ Planning Commission. ~ Park and Recreation Commission. C. Hazeltine-Bavaria Watershed District Representative. PLANNING COMMISSION: Mayor Hamilton moved to table this position until the September 9, 1985 Council meeting. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. ~ -.'\ (,1,< /1 Council Meeting, August 19, 1985 -6- PARK AND RECREATION COMMISSION: Councilman Horn moved the appointment of Curt Robinson to the Park and Recreation Commission. Motion was seconded by Councilman Geving. The following voted in favor: I Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. HAZELTINE- BAVARIA WATERSHED DISTRICT REPRESENTATIVE: Councilman Geving moved the appointment of Pat Swenson as a Hazeltine-Bavaria Watershed District Representative. Motion was seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA ITEMS ~ ~ AND F.: ~ ~ APPROVE CONDITIONAL USE PERMIT FOR ~ RECREATIONAL BEACHLOT, RED CEDAR COVE: Barb Dacy stated that Condition #5 of the Conditional Use Permit should be amended as follows: 5. The dock length will be based on the ability to extend to four feet of water with crossbars not to exceed 25 feet in either direction. Councilman Horn stated that he would like the zoning ordinance amendment to the beachlot ordinance be reconsidered as well as the variance and conditional use permit for beachlot improvements for the Red Cedar Cove development on Lake Minnewashta. Mayor Hamilton stated that the variance and conditional use request had already been approved. He stated that if the Council wanted to reconsider the ordinance amend- I ment, the Council would have the power to do so. Mayor Hamilton moved to approve the conditional use permit with the amendment to con- dition #5. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, and Councilman Geving. Councilman Horn opposed. Motion carried. ~ ~ APPROVE CONDITIONAL USE PERMIT FOR ~ BOATHOUSE, RED CEDAR COVE: Councilman Horn moved to approve the conditional use permit for a boathouse as sented. Motion was seconded by Mayor Hamilton. The following voted in favor: Hamilton, Councilwoman Watson, Councilmen Horn and Geving. No negative votes. Motion carried. pre- Mayor VISITOR PRESENTATION: A resident from the Chaparral area requested that the City inquire about trying to get a dumpster for all the building material and debris that has resulted from the construction that has been taking place in that area. Councilwoman Watson moved to adjourn Horn. The following voted in favor: Horn and Geving. No negative votes. the meeting. Motion was seconded by Councilman Mayor Hamilton, Councilwomen Watson, Councilmen Motion carried. Don Ashworth City Manager kjs I