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1979 05 14 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING MAY 14, 1979 Mayor Hobbs called the meeting to order at 7:35 p.m. with the following members present: Councilmen Pearson, Neveaux, Matthews, and Geving. The meeting was opened with the Pledge to the Flag. CHEYENNE STREET IMPROVEMENT: Council members discussed the possibility of upgrading Cheyenne in Chanhassen Estates First Addition. A rough estimate in the amount of $96,600 was prepared by the Building Inspector. The city Manager was instructed to find out the cost of a feasibility study for this street. Councilman Matthews moved to table action on the street improvement of Cheyenne Avenue until May 21, 1979. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. PUBLIC HEARING HRA PLAN AMENDMENT TO PURCHASE/RESALE PROPERTY ADJACENT TO HIGHWAY 5 AND GREAT PLAINS BLVD. AS GREEN AREA - HOLIDAY/HAPPY CHEF DEVELOPMENT PROPOSAL Mayor Hobbs called the hearing to order at 8:00 p.m. with the following interested persons present: Pete Zamor, Holiday/Happy Chef L. N. Zamor, HOliday/Happy Chef Richard Rice, Happy Chef Bradley Steinman, Manager, Real Estate - Holiday Stationstores, Inc. Jerome Jensen, Holiday Stationstores, Inc. Robert Fredericks, Happy Chef John Lee, Attorney The Assistant City Attorney read the official notice as published in the Carver County Herald. The purpose of this hearing is to consider the amendment of the downtown Chanhassen redevelopment plan. Under the proposed amendment all or a portion of Lots 1 and 2, Block 2, Frontier Development Park would be acquired by the HRA and made available for resale to private developers. for such uses as are permitted in the C-3 District or in the CBD. Councilman Neveaux moved to close the public hearing. by Councilman Pearson. The following voted in favor: Councilmen Pearson, Neveaux, Geving, and Matthews. No Hearing closed at 8:40 p.m. Motion seconded Mayor Hobbs, negative votes. HAPPY CHEF/HOLIDAY ERICKSON: REZONING: The developer requests a continuance of C-3 Zoning. The Planning Commission recommended rezoning to CBD. Councilman Neveaux moved to grant rezoning of Lots 1 and 2, Block 2, Frontier Development Park as shown on Council Exhibit B dated May 2, 1979, from C-3 to Central Business District classification pending successful completion of the developmentcontraêt.~with further direction to the Planning-Commission: that theyroove towárds including. all of the C-3 zoned properties in Frontier, Development Park to inclusion in the Central Business District within the City. Motion seconded by Council Meeting May 14, 1979 -2- Councilman Matthews. The following voted in favor: Councilmen Pearson, Neveaux, Matthews, and Geving. Motion carried. Mayor Hobbs, No negative votes. SUBDIVISION OF LOTS 1 AND 2, BLOCK 2, FRONTIER DEVELOPMENT PARK: Councilman Geving moved to approve the rep1attingof Lots 1 and 2 Frontier Development Park into Lots 1, 2, and 3, Block 1, Zamor Addition. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. I Thi~ proposal included shifting the south lot line of the Erickson tract 15 feet to accommodate the site for a free-standing sign. SITE PLAN REVIEW: Councilman Neveaux moved to not approve the recommendation of the Planning Commission to remove the parking spaces in the northwest corner of the Holiday property. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Councilman Neveaux moved that the north central portion of the Happy Chef property be designated for auto parking. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. Councilman Matthews moved to leave the Happy Chef building where I it is and leave the green area where it is and have the four"parking spaces be deficient. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. The City Manager noted that the Engineer is required to review site plan lighting as a part of the development contract. For this project, the Engineer will review such lighting and submit his recommendation together with the feasibility of street lighting along West 79th Street as a part of the City Council's review of the development contract. Councilman Neveaux moved that the site plan review, subdivision, and conditional use permit approval be conditioned upon the approval of the Riley-Purgatory Creek Watershed Board of Managers and the City Engineer for proper grading and drainage. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. Councilman Neveaux moved that items 1 (à), (b), and (c) under Planting and Landscaping Plan, Site Plan Review, of the May 10, 1979, minutes of the HRA be approved. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. I Councilman Neveaux moved that item 1 (d) under Planting and Landscaping Þ1an, Site Plan Review,of the May 10, 1979, HRA minutes not be a requirement of the development contract. Motion seconded I I I Cbuncil Meeting May 14, 1979 -3- by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Councilman Geving moved that the mansard roof be continued on all four sides of the Holiday building. Motion seconded by Councilman Matthews. The following voted in favor: MayorHobbs~ Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. Councilman Pearson moved to approve the site plans for Happy Chef and Holiday Erickson as amended. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor HObbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. OUTSIDE STORAGE: Councilman Neveaux moved that articles for sale displayed outside the confines of the building must be returned to the building after business hours. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. CONDITIONAL USE PERMIT: Councilman Neveaux moved to direct staff to prepare a conditional use permit for Council approval. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. VARIANCE TO ORDINANCE 47-K MORATORIUM: Councilman Pearson moved to grant a variance to Ordinance 47-K (downtown building moratorium) . Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. SIGN PLAN REVIEW: HAPPY CHEF: Council members stated their opinions regarding the proposed sign. Councilman Geving- I have no problems with the sign as it is presented. I do say that the Sign Committee has worked hard on this effort and if I were to vote against them I would feel like I am really putting down their efforts but I do think I am not offended by the sign that I see in front of me. I would probably vote for it as it is. To me, the sign fits. It is their marketing approach to the theme Happy Chef and people recognize that. Councilman Pearson - I just have to say the same thing. It balances pretty well. You have got a certain size for that tower and I am sure they gave a lot of thought to how those 3011 letters would fit on that tower. I think it would look kind of strange just having them much smaller. I certainly don't think leaving them at 3011 would cause any problems. Mayor Hobbs - The Sign Committee, you get a set of rules and then you really have to try to apply them, I think that's going to be one of the toughest jobs in the City. I feel that on a building like this they have really worked to incorporate the whole building. Councilman Matthews - The motivating point to reducing the letter sizing Council Meetin~ May 14, 1979 -4- was the placement of the city sign in relationship to the building and they (Sign I Committee) felt that the overwhelming letter size, as proposed, was just too drastic a difference and no matter what we did to the city sign, even with the new lettering and the new reflective material, would be somewhat dwarfed by this tower with these large letters. This is what the Sign Committee was addressing itself to. I don't really have any trouble with the size of the letters on that· picture provided that picture represents 3011 and 18". Councilman Neveaux - I am not unhappy with the it. I understand what you are trying to get at. Councilman Geving moved to approve the signage as presented by the applicant; Happy Chef; 3011 letters for IIHappy Chefll and 1811 letters for "Restaurantll. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. HOLIDAY: Councilman Neveaux moved that the-Planning Report dated May lO,1979, from City Planner Mark Koegler, in régard to Holiday signage be accepted, items l, 2. 3, and 5,and thátitem 4, the sign suggested by the developer ba.ing.a free~standing sign with I the corporate logo, a metal pole supporting it which should be painted a brown earth tone color to match the mansard roof on the building. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. HRA PLAN AMENDMENT: RESOLUTION #79-30: Councilman Pearson moved the adoption of a resolution approving the amendment of the HRA Plan to provide for the public acquisition of a portion of Lot 1, Block 2, Frontier Development Park and the resale of a portion of that lot to Lawrence ~mor, dba/Lawrence Land Company and the recovery of the resale discount through tax increment financing. "Resolution seconded by Councilman Geving. The following voted in-favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. The HRA Commissioners voted to continue their meeting and public hearing to May 22, 1979, at 7:30 p.m. in City Hall. Councilman Pearson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. meeting adjourned at 11:lO p.m. Don Ashworth City Manager I