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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