1983 05 16
I
I
I
REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 16, 1983
Mayor Hamilton called the meeting to order with the following members
present: Councilwomen Watson and Swenson, Councilmen Geving and Horn. The
meeting was opened with the Pledge to the Flag. Don Ashworth, Scott
Martin, Bill Monk, and Bob Waibel were present.
APPROVAL OF AGENDA: Councilwoman Swenson moved to approve the agenda as
presented with the following additions: Carver Beach Park Property,
Board of Review Meeting May 23, Street Maintenance, and Mark Corpron -
Eagle Scout. Motion seconded by Councilman Horn. The following voted in
favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving
and Horn. No negative votes. Motion carried.
CONSENT AGENDA: Item (c) Sign Ordinance Amendment was removed from the
Consent Agenda. Councilman Horn moved to approve the following Consent
Agenda items pursuant to the City Manager's recommendations:
a. Resolution #83-25 Approving Proposed Program for Use of Year IX Urban
City Community Development Block Grant Funds.
b. Adopt 1982 Edition of the Uniform Building Code, Ordinance 23-C.
d. Kennel License Application, 27 Acre Parcel on the South and East Side
of Lake Lucy Road and Galpin Blvd.
e. Lake Ann Park One Day Special Event, Newfoundland Dog Club.
Motion seconded by Councilwoman Watson. The following voted in favor:
Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and
Horn. No negative votes. Motion carried.
PUBLIC HEARING
PARK ONE PUBLIC IMPROVEMENTS
Mayor Hamilton called the hearing to order with the following interested
persons present:
Larry Schroers, 6770 175th Ave West, Eden Prairie
Chuck Schroers, 3201 Edgewood Ave., St. Louis Park
Frank Beddor, Jr., 910 Pleasant View Road, Chanhassen
Jules Smith, 7101 York Ave. So., Minneapolis
Daryl Fortier
Daryl Fortier - My client has advised me that he is in full support of the
motion tonight and I would like to present a little background on the pro-
ject and our understanding of what the extent of authorization is for the
project. This is Park One as originally presented to you some years back
and its recent approval was agreed upon as recently as last fall, I believe
when we went ahead with construction of Phase A, The Press addition. We
are still contemplating that this area will go industrial and that there
will be ponding to the north and that eventually this will link up to
Highway 5. Presently, this drawing shows you what the development looks
like at this time with one exception. This also points out the improve-
ments at the minimum being requested by The Press addition. They want to
see at least the road extend from the extend from the existing Lyman Lumber
around to their east property line where there could be a temporary turn-
around which would be graveled so that it does not have to be ripped up in
the future or it could be blacktopped but we see no reason for curbing
necessarily and of course we would like to see a culvert put in to rein-
force the idea that in the long term drainage will go to the north.
Presently we have a pond being constructed as part of the Phase B addition.
Itls in the owners interest, as you saw from the previous drawing, as well
as the entire development districts interest in getting the ponding to the
Council Meeting May 16, 1983
-2-
north eventually. As his building expands it will take over this area and
demand that the drainage go to the north at some time. We have agreed thus
far that as the expansion happens and as it runs out of space that would be I
the critical that ponding absolutely must go to the north. The condition
that we understand right now, that the City is seeking, is this proposal,
that is to bring West 77th right over to the Eden Prairie property line and
also to develop the drainage/ponding situation, that is drainage to the
north and putting in a pair of culverts so that eventually, this will now
resolve the water problems for all of Park One and as the remainder deve-
lopes, whether it be this block or this block, they will resolve their
drainage problems by tying into this system and eventually the assessments
and the tax increment from whatever future development comes along would be
willing to pick up the rest of the cost and in the long term, of course,
the total development down here for the Highway 5 interchange would be
equitably shared among all participants. We are in support of the motion
tonight to proceed with the engineering studies and to include the ponding
to the north at this time, recognizing this as a maximum development at
this time and the overlay as being the minimum amount of development the
client wishes to pursue and the difference between the two will be deter-
mined by the assessment rate which will go into the tax increment district
to pay for these improvements. There was a figure mentioned of 50% and
back a few years ago there was a figure mentioned of 100%, we would like to
defer that entire discussion to the appropriate time. It could be some
range in there and that range will determine how far the client can support
their construction.
Mayo~ Hamilton - Just for clarity, you mean 50% or 100% of the 60% of the
money that would come out of the district. 60% comes back to the City and I
we are talking about either using 100% of that or something of a 60% range.
Daryl Fortier - Presently, as you know, Phase B is under construction also
and that will be factored into the increment in the future to see how much
can be supported. We would like to just say this would be the minimum
condition and this would be the maximum, we believe, by authorizing the
City to proceed tonight and if you include the ponding, once the costs are
identified if it be included in the cost or it can be developed privately
or it can be deferred if everything must, in deed, pull back. We believe
that, although it is not highly desirable, that right now the road and the
water from it could be stored as there is excess capacity in that pond so
it could be stored on The Press property. It's not the preferred solution.
Councilman Geving - At no event will the water ever proceed to the south,
is that correct?
Daryl Fortier - It's partially true. That is, the intent would be to drain
~tO t~orth but it does come across here and then come across Highway 5
further to the east. It does have a baffle weir which skims the water and
makes sure there are no contaminants in it, this allows controlled overflow
from this point into the county ditch which has a culvert at this location.
Then it flows south across Highway 5 and then it goes east of CPT.
Bill Monk - I believe th9t the front part of the drainage from the site
goes under the cross culvert and some of it goes toward Mitchell Lake in
Eden Prairie.
I
Councilman Geving - I didn't realize there was a culvert that ran south
that would evenutally link up with our Rice Marsh Lake construction.
I
I
I
Council Meeting May 16, 1983
-3-
Councilman Geving - Are there drainage culverts all the way down past
Charlie Kerber's and the CPT property and then down to Mitchell Lake?
Bill Monk - Yes.
---
Councilman Geving - So it wouldn1t drain directly south then.
Bill Monk - Some does but only a small part, perhaps 1/3 of The Press site
drains-tOwards the highway. The bulk of it will drain to the north.
Councilman Geving - Is the construction that you have now placed there, is
that completed, the berming for the pond?
Daryl Fortier - No it isn't. We have recently gone to the watershed to ge"
approval for Phase B and at that time, because of the late construction
start for Phase A, they had asked for completion by October and we didn't
start construction until October so it has not been completed, now that we
are into Phase B we are trying to get permission, instead of seeding the
berm we are trying to raise the elevation of the berm. There is more work
that should be going on this week.
Councilwoman Watson - Approximately how long will it be before that
northerly drainage area is complete?
Daryl Fortier - We would like to see this as part of the City improvements
to be done no later than this fall. Again, given the ability of the tax
increment to support such improvements.
Councilwoman Swenson - If my memory serves me correctly, I remember that
one of the requests for completion of 184th Street was to eliminate the
turn around for semi's. If you are willing to go part way and accomodate
semi's when they turn around at this point, why is the paving of 184th
Street even in the future? Why is this even considered in the future?
Mayor Hamilton - Because of Outlot 2 plus Block 3. Maybe we don1t.
Daryl Fortier - Eventually the development of this area will relieve traf-
fic and relieve trucking from the furtherly access. Eventually it will
work better for the amount of industry that will be going in here plus Ede
Prairie plus south of Highway 5 that the interchange will make sense.
Councilwoman Swenson - I mentioned it at this point even though it isn't
being discussed for completion at this particular time because it was a
subject that came up and I have to concur wholeheartedly with Councilman
Horn in that what we don't need is more lights on Highway 5.
Councilman Geving - The only other question that I had, are we going to se
a resolution of the parking problem in that area by extending 77th Street?
Daryl Fortier - The resolution of the parking so far, presently Phase B is
under construction, this portion of the parking lot plus a graveled drive
should be completed by June 1st this will allow traffic to remove itself
from the street and to park over here even while this construction is unde
progress.
Councilman Geving - This letter that was written to Jules (Smith), May
11th, was there a response to it?
Council Meeting May 16, 1983
-4-
Jules Smi!.b. - Not yet. Obviously, we are interested either in going all
the way to 184th or part of the way depending upon how this question is
resolved on the tax increment because it has to do with what's it going to I
cost and that sort of thing. At this point we would like to get those
costs and see how this is going to be resolved. I think what we are
requesting tonight is, we will go at least to the cul-de-sac, obviously,
it's a question of whether we go further but in order to go to the cul-de-
sac you also have to do the engineering for end anyway and so we are really
looking for that kind of approval. Whether we go to the cul-de-sac or a
little further maybe we can get resolved in the next week or two and that
will have to do with what the increment will be and that sort of thing once
we have the numbers.
Councilman Geving - The proposal is to extend 77th and 187th to 184th
Avenue eventually, I suspect we will be calling for bids and specs on that"
and only then would we have an idea what those costs would be.
Jules Smith - Once the engineering is done then you do one of two things,
you-eit~are going to go to 184th or to go to the cul-de-sac. Once the
engineering is done we will have a pretty good idea of what that cost is
and what the increment is and we will be able to sit down and talk about it
before that question comes up where you actually are going to issue a
contract.
Councilman Horn - We are supposed to be authorizing the public improvement
on this project and it seems to me that we have got somewhat of a nebulous
target with the road situation and I guess if we approve this tonight we
are saying that we will go along with the concept of taking what we can get I
depending on how much we in turn tend to get back and it seems to me we are
leaving an open issue.
Mayor Hamilton - Well it's part of the issue unless you want to debate the
whole issue tonight of the percentage of the tax increment dollars to be
put back into the development area at the present time.
Councilman Horn - Are we limiting our negotiating position by in effect
giving conc~approval to this process this evening. Are we accepting the
fact that we are going to maybe only have a partial completion.
Mayor Hamilton - As I see it what we are saying is concept approval of
going all the way to 184th Street and to discuss further what percentage of
the tax increment dollars are going to be returned. Frank (Beddor) does
not agree that it should be 50%. He would like to see another percent. I
think we have all agreed on the all of the rest of it.
Councilman Horn - What I am wondering is if after negotiation is done they
agree to go-on-to the cul-de-sac, does our approval this evening have to
specify which one of those approaches we are authorizing to proceed with?
Bill Monk - As a condition of the Park One approval the plan that is shown
on-the-board was basically approved that a cul-de-sac had to be put to the
northeast corner of the new Press. That's a requirement of the approval I
that the Council did last year. If the Council approves the resolution
that's in here tonight they would be authorizing preparation of plans and
specifications for a road that goes all the way to 184th Street as shown on
the plan. If at the time the plans and specifications are finished if the
I
I
I
Council Meeting May 16, 1983
-5-
increment numbers in the engineer's estimate can not be worked out, I would
think that the Council may see this again with the developer in here with a
request that the project be downscaled only to as conditioned by the
Council originally. Right now, as I understand it, they are petitioning
for the extension of the road all the way out to 184th and that's how I
would proceed. I think the developer wants to get some feel somewhere
along the way of the Council IS feel on the 50%, 100% issue of tax increment
somewhere before the assessment stage and that could give it to the Council
one extra time and you may be asked to make some comments or some confir-
mation one way or the other which way you would be inclined to go but that
wonlt be finally taken care of until time of assessment hearing after the
project is complete.
Mayor Hamilton - When will we have a cost estimate?
Bill Monk - If we move forward with this thing I would like to try and move
fairly-quickly and will try and come back with a detailed engineer's esti-
mate and plans within 30 to 45 days because if we are going to do it this
year we have got to move.
Don Ashworth - If you would approve it at that point in time, as far as the
amount of construction to occur, and if I am hearing what the Mayor is
saying, that he would like to sit down with the developers and try and come
back with a specific proposal to you. I strongly support firming that up
before we get into the actual construction.
Mayor Hamilton - We can do that after we receive the plans and specs.
Daryl Fortier - I would like to add one more comment for Bill IS attention.
He may want to consider putting this last 350 feet into the contract docu-
ments as an alternate for construction so that you do not have to retake
bids, for example. If the project must be scaled back it could then be bid
out and the award could be accepted minus alternate #1.
Councilwoman Swenson - I have a question about the resolution. The feasi-
bility study that we now have was taken in 1980 and the cost of the entire
project was approximately $917,000, obviously those figures couldn't hold
much water today.
Bill Monk - The ones that would go along with this project have been
updat~o $160,000 as you see in the report.
Councilwoman Swenson - In the resolution in the fourth paragraph where we
fixed the date for a public hearing ordering public improvements and pre-
parations I just need a clarification this, lIaccording to the plat on file
with the construction of West 77th Street, a service road, and West 184th
Avenue and construction of sanitary sewer etc, etc, and yet over on the
following page I see here that we are accepting these improvements in total
and yet on the top of the next page we are ordering the improvements for
this particular 187th Avenue to the 647 feet, which I assume is to the cul-
de-sac, is that correct. My question is, by this resolution are we con-
curring that the entire project is going to go through?
Bill Monk - The Council may wish to move, in the fourth paragraph, whereas,
a-rësolution of the City Council accepted basically the feasibility study
that was indeed feasible to proceed with the project as shown but by this
motion you are ordering the improvements only over to 184th Avenue.
Council Meeting May 16, 1983
-6-
Councilwoman Swenson - We are in effect accepting the feasibility of 1980.
How is that going to bind us to a feasibility study of 1983?
~ Mon~ - This is not really a feasibility study. This is just a report I
based on that feasibility study. The feasibility remains unchanged. It
was just an updating of some of the costs included in this report.
Councilman Geving moved to close the public hearing. Motion seconded by
Councilwoman Watson. The following voted in favor: Mayor Hamilton,
Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative
votes. Motion carried.
PARK ONE IMPROVEMENTS:
RESOLUTION #83-26: Councilman Horn moved the adoption of a resol ution
ordering public improvements and preparations of plans for Park One.
Resolution seconded by Councilwoman Watson. The following voted in favor:
Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and
Horn. No negative votes. Motion carried.
MINUTES: Add the following sentence under CITY ATTORNEY in the May 2,
1983, Council minutes: Councilwoman Watson voted no because she would
prefer to see more than one bid if the Council is doing this on a cost
ba s is.
Mayor Hamilton moved to approve the May 2, 1983, Council minutes as
amended. Motion seconded by Councilman Geving. The following voted
favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen
and Horn. No negative votes. Motion carried.
i n
Geving
I
following
Mayor Hamilton moved to note the May 3, 1983, Park and Recreation
Commission minutes. Motion seconded by Councilwoman Watson. The
voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson,
Councilmen Geving and Horn. No negative votes. Motion carried.
FINAL DEVELOPMENT PLAN, CARVER BEACH ESTATES: Councilman Geving moved to
table action to Jun~ 1983~ Motion seconded by Councilwoman Swenson.
The following voted in favot: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilmen Geving and Horn. No negative votes. Motion carried.
BILLS: Councilwoman Swenson moved to approve the bills as presented:
Checks #14520 through #14586 in the amount of $192,376.44 and checks #18883
through #18960 in the amount of $1,853,375.18. Motion seconded by Mayor
Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen
Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion
carried.
STREET FRONTAGE VARIANCE REQUEST, TRACT B, REGISTERED LAND SURVEY 29:
Steven Emmings is seeking approval to construct a home-ar-6~Greenbriar.
The property does not front on a public street and access would be via a
easement across Tract C. The Board of Adjustments and Appeals recommended
approval of the variance as requested.
Councilwoman Swenson moved to accept the Board of Adjustments and Appeals I
recommendation and permit the building permit with street frontage variance
request for Tract B, Registered Land Survey 29, Steven Emmings. Motion
seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No
negative votes. Motion carried.
I
I
I
Council Meeting May 16, 1983
-7-
ZONING ORDINANCE AMENDMENT REQUEST, CONDUCT HOME OCCUPATION IN EXISTING
ACCESSORY AGRICULTURAL STRUCTURE: Charles Markert is requestTng a Zoning
Ordinance amendment to conduct a home occupation in an existing accessory
structure. Mr. Markert wants to establish his art studio in an existing
barn located at 7331 Hazeltine Blvd. for art work on hot air balloons. The
Planning Commission recommended approval of a Zoning Ordinance amendment
concerning home occupations as follows:
a. Amend the second to the last sentence of the Home Occupation definition
of Zoning Ordinance 47 to read; IINo accessory buildings, other than
existing accessory structures customarily related to agricultural uses,
shall be used for such home occupation. II
b. Add to Section 6.02, R-1A District Permitted Use Provisions, the
following subsection 4, IIHome Occupations conducted within a principal
or accessory agricultural structure.1I
c. Add to the Residential Permitted Uses Provisions of Ordinance 47; IIHome
Occupationsll.
Councilwoman Watson moved to place on first reading a Zoning Ordinance
amendment to conduct a home occupation in existing accessory structures
customatily related to agricultural uses. Motion seconded by Mayor
Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen
Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion
carried.
TEMPORARY ONE DAY BEER LICENSE, AMERICAN LEGION, JUNE ~ Councilwoman
Swenson moved to approve a temporary one day beer license for the Sons of
the American Legion with the conditions as setforth by the City Manager.
Motion seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn~ No
negative votes. Motion carried.
REVISED WATER SURFACE USAGE ORDINANCE:
Scott Martin - I am suggesting the Council hold a public hearing. It is
not required by law to hold any public hearings but it seems to me since,
you recall two summers ago we held round after round of public hearings and
it seems to me we should go through that step one more time. The one that
I would see some concern about, it may not seem that significant but this
ordinance provides that boats on Lotus Lake can only travel in a counter-
clockwise direction. To my knowledge that was never discussed at those
public hearings.
Councilman Horn - The reasoning is since the lake is so small most of the
lake residenrs-already follow that pattern and it keeps all the boats
moving in the same direction. The DNR said it is not uncommon on lakes
to have that type of a restriction. The other thing that was never talked
about was the IIslow - no wakell on IILittle Minniell.
Councilwoman Watson - That was a good idea. I get confused about putting
in things that I don't see how we are ever going to enforce them. I prefer
to leave things out that are unenforceable and I wondered if some of you
were actually going to be able to make boats go one way. It sounds terri-
fic but I honestly believe itls totally unenforceable and ridiculous.
Councilman Horn - I wasn't entirely familiar with the way it works but the
people who live on the lake say, we follow that now and it works.
Council Meeting May 16, 1983
-8-
Councilwoman Swenson - I have a recommendation to go along with this and
that is that any public egresses or accesses to the lake in any areas that
residents will permit, I think we should have some signs made. I
Scott Martin - We have to put any regulations that are different than normal
state boating regulations will have to be posted.
Councilman Horn - I think in addition to the other discussion of counter-
clockwise t~wasn't brought up at a public hearing, the no wake on Little
Winnie is also something that hasn't been talked about. I think the rest
of them are self-explanatory.
Councilwoman Swenson moved to hold a public hearing on June 6, 1983, to
review the Water Surface Usage Ordinance. Motion seconded by Councilman
Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson
and Watson, Councilmen Geving and Horn. No negative votes. Motion
carried.
PARK AND RECREATION COMMISSION APPOINTMENT: Councilman Horn moved to
approve-the recommendation of the Park and Recreation Commission and
appoint Charles Robbins to fill a vacancy on the Park and Recreation
Commission. Motion seconded by Councilwoman Swenson. The following voted
in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen
Geving and Horn. No negative votes. Motion carried.
HOUSING AND REDEVELOPMENT AUTHORITY APPOINTMENT: Mayor Hamilton nominated
Pat Swenson to serve a five-year term on the HRA. Councilwoman Swenson
stated she would like to position first offered to Mike Niemeyer since I
he had served in the past.
RESOLUTION #83-27: Councilman Horn moved the adoption of a resolution
confirming the appointment of Pat Swenson to the HRA. Resolution seconded
by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative
votes. Motion carried.
FEE SCHEDULE, LAKE ANN PARK: Councilwoman Watson moved to set the park
fees for Lake ~Park as follows:
$4.00 resident seasonal pass
$4.00 daily gate fee
Senior Citizens free
Motion seconded by Councilwoman Swenson. The following voted in favor:
Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving.
Councilman Horn voted no. Motion carried.
The City Manager noted that the Minnewashta Regional Park will be opening
and their fees will be $1.50 per car daily, $8.00 seasonal per family,
$4.00 seasonal per individual and $2.00 seasonal for senior citizens.
METROPOLITAN COUNCIL REDISTRICTING: Councilman Horn moved to direct staff
to prepare a letter, to be sent to Legislators, Governor, and Bill Sando, in
support of Bill Sando as Chanhassenls representative. Motion seconded by I
Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative
votes. Motion carried.
I
I
I
Council Meeting May 16, 1983
-9-
COUNTY POLICY SERVICES CONTRACT ADVISORY COMMITTEE: Mayor Hamilton noted
that he will ask Candy Takkunen if she would be interested in serving on
this committee. Councilman Horn stated that his wife would like to serve.
EAGLE SCOUT: Mayor Hamilton attended the Eagle Scout Ceremony for Mark
Corpron.
BOARD OF REVIEW MEETING: Councilman Geving requested information from the
County Assessor prior to the Board of Review meeting on May 23rd, i.e.
sales information, property values, explanation of lakeshore valuation,
what level (85%,90%) of valuation and is it uniform throughout the county.
STREET MAINTENANCE: Councilman Geving noted a lot of street maintenance
going on and wondered how it was going to be accomplished and stay within
the budget. Bill Monk stated the Maintenance Department will do as much as
possible and still stay within the budget.
SIGN ORDINANCE AMENDMENT PROVIDING FOR OFF-PREMISES TEMPORARY REAL ESTATE
SIGNs AND ADMINISTRATIVE ISSUANCE Or-5IGN PERMITS: Councilman~ing moved
to approve Sign Ordinance 36-E. MOti0n-5econded by Mayor Hamilton. The
following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen
Geving and Horn. Councilwoman Swenson voted no. Motion carried.
CARVER BEACH PARK PROPERTY: Mayor Hamilton noted that persons are not
removing their-bOats and docks from the park property. Scott Martin stated
there is one swimming raft, dock and boat remaining. The City Manager
stated he has sent a letter to the owner of the swimming raft requesting
a letter from the owner stating that they want to continue with the
swimming raft. The City Manager will then put this on a future Council
agenda to clarify whether or not the Council motion included swimming
rafts along with the storing and mooring of boats.
Councilwoman Swenson moved to adjourn. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilmen Geving and Horn. No negative votes. Motion carried.
Meeting adjourned at 9:45 p.m.
Don Ashworth
City Manager