Loading...
1983 12 05 1 I '1 REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 5, 1983 Acting Mayor Geving called the meeting to order. with the Pledge to the Flag. The meeting was opened Members Present Councilman Horn, Councilwoman Watson and Councilwoman Swenson Mayor Hamilton came late Staff Present Don Ashworth, Bill Monk, and Bob Waibel Jim Thompson, Planning Commission APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as presented-With the addition of Lake Ann Park Cross Country Skiing. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hamilton came at this point in the meeting. Councilman Geving moved to approve the consent agenda pursuant to the recommendations of the City Manager and as amended in item lb. a. Final Plat, Chanhassen Lakes Business Park Third Addition. b. Stipulated Agreement, Landscape Contracting Business in an R-1A District. Natural Green. Exhibit A, Letter from Evan Green, Project Manager,MnDOT, dated July 27, 1983. Page 2, #3 bottom of page to read IIbarnll instead of IIbermll. Page 3, #9, add the word lIoutll. The City's complaint and the Owner's answer, petition for writ of mandamus and counterclaim in the matter entered shall be dismissed without prejudice and without costs to either party. c. Purchase Central Humidifier for City Hall. d. Approve Old St. Hubert's Church Lease Agreement and Sub-lease Agreement with Family of Christ Lutheran Church. e. 1984 City Council Meeting Schedule. 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. UNITED MAILING: A representative from United Mailing was present. United Mailing is looking for space to temporarily park approximately 20 semi trailers until about February 1, 1984. Several locations were discussed, i.e. Minnetonka West Junior High, Old Instant Web Building, behind former lumber yard. Staff was directed to work with United Mailing represen- tatives to find a suitable site. RESCUE VEHICLE: The fire department received three bids. Council Members requested an overall plan for the future needs of the fire department. Councilman Geving moved to accept the low bid from Luverne Fire Equipment Company in the amount of $45,464 for a fire department rescue vehicle. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Council Meeting December 5, 1983 -2- Note to Minutes: The official bid tabulation forms, as reviewed by the City Council on December 5, 1983, and as on file, reflect that some minor portions of the overall cost/award were approved for purchase from other vendors; i.e. radios awarded under State Contract and some miscellaneous supplies. I MUNICIPAL INSURANCE: Councilwoman Swenson moved to accept the City ManagerTs recommendation to select Dolliff Insurance as the Agent of Record for the City of Chanhassen. 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. MINUTES: Councilwoman Watson moved to approve the November 7, 1983, Council minutes. 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. Councilwoman Watson moved to approve the November 21, 1983, Council minu- tes. Motion seconded by Councilman Horn. The following voted in favor: Councilwomen Swenson and Watson, Councilmen Geving and Horn. Mayor Hamilton abstained. Motion carried. Councilman Geving moved to note the November 9, 1983, Planning Commission minutes. 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. Mayor Hamilton moved to note the August 31, 1983, September 27, 1983, I October 13, 1983, and October 27, 1983, Community Recreational Facilities Committee minutes. 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. HRA APPOINTMENT: Mayor Hamilton nominated Charles Robbins to fill the unexPTr~erm õf Tim Russell on the HRA. RESOLUTION #83-56: Councilwoman Watson moved the adoption of a resolution confirming the appointment of Charles Robbins to the HRA. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. A letter of commendation will be sent to Tim Russell. CONDITIONAL USE PERMIT, CAR WASH, 7901 GREAT PLAINS BLVD. Gary Brown, MyrñaKurversandCraTg Kurvers werepresent. Bob Waibel - Staff has made the recommendation of approval with the con- dition that an indemnity agreement be drawn up to hold the City harmless for any costs in restoring the concrete curb or bituminous hard surface roadways constructed over the sanitary sewer easements should repair of said sewer line ever be necessary. 1 ~ay~ ~milton - Are we going to sell the land or lease the land? Bob Waibel - The HRA would sell it to Mr. Brown. -~ ---~ 1 I 1 Council Meeting December 5, 1983 -3- Councilman Geving - I know how much the money was paid by the HRA for that piece of property and I would like not to see the City take a licking on this even though we are promoting business. Mayor Hamilton - Is this the kind of car wash where you wash it yourself? Gary Brown - Yes. We will have insulated doors with electric garage door openers. Myrna Kurvers - There is no stacking space for cars at the car wash. Councilwoman Swenson - Will you (Gary Brown) have sufficient room for both those operations? Gary Brown - Yes. The car wash will have three bays and behind each bay there-wTTl be room for at least two cars per bay as they are waiting to get into the car wash. We have found with our operation in the last ten years or so, 95% of the people wash their car and go down the road. You do have a few people that do bring their towel out and dry it off but it's really minimal. Mayor Hamilton - I couldn't see that there would be any problem with stacking because if I am going to go to a car wash like this and there is a car in the bay and there is a car waiting I am not going to stop. Councilwoman Swenson - If it should become a problem we might have to request that you put a IIfullll sign up so that we don't, in fact, have cars parked on West 79th Street. Craig Kurvers - I would like to know the actual size of the lot. Bob Waibel - The actual size of the lot, after the dedication of the right- of-way, would be 8,661 square feet. Craig Kurvers - Would you define for me exactly what kind of establishment is being proposed, as far as the Zoning Ordinance this would go under. May~ Hamilton - CBD. Cra~ f~vers - The Central Business District does have some zoning stan- dards that it goes under. The CBD plan is based on some form of a guide- line, is it not? The conceptual plan for the business district is based established zoning practices. The way I interpret this from reading the central business district, is that an operation like this would fall under the criteria established for C-3 Zoning. Mayor Hamilton - I believe this question has been asked before and staff ~answered it that a car wash does meet the zoning requirements of the CBD. Bob Waibel - It is an unconventional ordinance in the fact that it does not prescribe any permitted or conditional uses. Any use that goes in that district is a conditional use. It requires a public hearing that was held by the Planning Commission. Craig Kurvers - The development of the CBD is still based on guidelines. Council Meeting December 5, 1983 -4- Bob Waibel - It does not imply those guidelines, to my knowledge, for Ordinance-47A which is the CBD Ordinance sets forth the guidelines as far as how the plans are to be reviewed. 1 Crai~ Kurvers - I have here under Ordinance 47 entitled the Chanhassen Zoning Ordinance, adopted February 1972 is hereby amended by adding Section 13, CBO. That would be the ordinance that establishes the CBO? Bob Waibel - Section 13.01. ~- ----- ~~l~ f~~~ - I guess the way I interpret it, if you read variances which this would be under a conditional use variance, is that right? Bob Waibel - No. There is no such thing as a use variance. State Law pro- h i b i 15- t hat . It i sac 0 n d i t ion a 1 use per rn it. Councilwoman ~~son - Everything is a conditional use permit in the CBO. 80b Waibel - There are cases when there is a very minor interior alteration or-a-büTTding or change in tenancy where we have staff discretion to authorize the permit to be executed without Council approval. Crai~ f~~~~~ - The question I had is when this was established, the CBD, under Ordinance 47. liThe Chanhassen Zoning Ordinance is hereby amended by adding thereto the followingll now this was added to but that doesn't super- sede what you had before. Bob Waibel - All our rezonings are worded that way. It does in fact amend I the distrTct for what the uses are to be or the requirements for the uses. Crai~ Kurvers - The way I interpret it and I could be wrong but I interpret it to mean that it was just added to so that the preceeding C-3 would still be valid. The other question that I had, if this is new then the develop- ments in this area should be consistent with other developments. Bob Waibel - If someone wanted to build a zero lot line common wall sltuatTon-we would have the flexibility under this ordinance to approve it. Craig Kurvers - From reading the Zoning Ordinance that we have here, I interpret it to be a C-3. It would fall under the category for an automo- bile service station and under those guidelines the lot size minimum requirement would be 20,000 square feet. In this particular case we have 8,000 square feet. If you fall in the C-3 category there with a 20,000 square feet lot size, it also states that for every service bay you are required to have three exterior parking spaces for each interior bay. May~ ~~mil!Q~ - That's a service station. This isn't a service station. Craig f~vers - What is a car wash? Councilman Horn - A service is when they do the service on on your vehicle. 1 I~~ f~~~~ - They are occupying a space to provide a service to the automobile. You go into the car wash and you park your car and a service is performed on the car. I have a tough time defining the difference bet- ween a service station bay and a car wash in that you are actually ser- 1 I I Council Meeting December 5, 1983 -5- vicing the same thing. You are providing a service. I feel that this is not right to say that 8,000 is reasonable Dr consistent with surrounding development when you have a Brown's Standard Station right next to it which would fall in the C-3 Zoning District. Mayor Hamilton - It's CBD also. His Standard Station is in the CBD Oistric~s~ Bob Waibel - As far as lot sizes go, this plan is even perhaps more con- sistent than some of the development we see down there with the fact that they exceed the impervious surface area ratio that we have been applying to other development standards which is 30% open space and 70% building and parking. This one exceed that by quite a bit. Craig Kurvers - I know in looking at other service establishments, I know there is one in Eden Prairie and there is one on Vine Hill Road, in my own experience as far as service in each, I much prefer going to the one in Eden Prairie and I believe that's because there is space there to get to it. I don't know what type of facility we would want in Chanhassen but my own self I would much prefer to see a facility like the one in Eden Prairie where there is space to park your car. We mentioned earlier that there is a potential problem of cars entering and exiting off of West 79th Street, I know when I go to the one in Eden Prairie I wait because there is spaces to wait, now under this plan I have understood that Mr. Brown said there will be three spaces but when I look at the plan I have a tough time visualizing where these are going to be. Mayor Hamilton - Six people can wait while three are being washed so that's nine cars at one time. There is enough space for six cars to wait. Councilwoman Swenson - There is 46 feet from the bay to the road. Certainly you can put two cars in 46 feet. Myrna Kurvers - What I have is a plan drawn up this summer by Scott Martin. ~was part of the conceptual plan of the community development for the City of Chanhassen in 1981. What I would like to show you first of all which I don't think any of you are aware unless you see it visually, this is our property line. You follow that line over and it almost in the middle of the building of the Brown's Standard Station. If any of you have gone over to the Standard Station you are well aware they use the property all along there. In fact a couple of years ago we were called in because some vehicles were parked on our property and we were going to be charged for these vehicles and they weren't our vehicles. I want you to see very vividly how much space you are talking about. I also want you to see how far back the Brown's Station is from the highway. It's really very close isn't it. In fact our lot line itself is quite close to State Highway 101. What I have here is an overlay and, again, the Brown's Station, our lot line, West 79th Street, the proposed widening of the highway for traffic and if I am correct is a 30 x 50 foot building that they want in here. Do you know how big a 30 x 50 foot building is? But, that's 50 deep. So can you imagine how much that building is going to go out to the road or to our land? There is definitely going to be no space around there and if you are consistent with your guidelines there has to be some space between us. What I have also on this plan are some suggested hypothetical plans showing consistency. What I wanted to show you in these visuals, things drawn up by your own City, is that to be consistent with your wonderful planning Council Meeting Oecember 5, 1983 -6- that you .,ave done so far, it would be a shame and a discredit to your City not to include and consider other properties with this and I don't think 1 there has been any place that you have allowed zero lot line. In 1981 we had sold this land and low and behold it turned out that our property was going to be bought by the City to widen some of the road in there and so we couldn't sell our land and the contract fell through. I wish you would consider that and take all these things into consideration. Your planning does not plan a little tiny thing right on top of the highway. You, Mr. Horn, told me that you wait sometimes 45 minutes to go into a car wash, have you looked at the size of those car washes? They are a lot bigger. I was at the public hearing last week and Mr. Thompson said two of them were turned down because they had 30,000 square feet and they weren't big enough and you are approving one a little over 8,000 square feet? Councilman Horn - What is the space to the edge of this building from the center-QT-the-street versus the building across the street? Oon Ashworth - The Sorenson building is very close to the property line on the east-slde. How far back is the building proposed from the property line? Bob Waibel - The dedication would place it 18 feet plus 14 feet right now that-rs-bQulevard. There would be 14 feet dedicated and after that the property line would be 18 feet from the building. Councilman Geving - If this goes through I would propose that that side yard be extended another five feet because if you ever had to drive a main- I tenance vehicle or some kind of fire vehicle you would need ten feet in width at least. Councilwoman Swenson - I would concur with that. --~ -~ ---- Bob Waibel - To the existing roadway there is 52 feet from the building. ~yrna f~vers - I would like to also bring out a couple things. At Brown's Station, very crowded, very busy at the front. There might be only two and three cars there and you are saying there is room for more on a piece of property that is 1/3 of the size next door. Visualize those things, pl ease. Councilman Horn - I expect that even if the street were widened this wouldn't be-any closer than Sorenson IS building. Councilwoman Swenson - I don't think it would be as close. -~-------- Myrna Kurvers - You have already put that one up there and now to take the same-prObrem-on the other side of the street and make it more congested on a main highway. Mayor Hamilton - It will look nice. There will be a nice berm in there. There wi 1 T-Ee-some trees planted. Myrna Kurvers - I would also like to point out that a couple of years ago Al KlingeThutz asked if he could build a building on this piece of property and it was turned down because there was not enough room. I 1 I 1 Council Meeting Oecember 5, 1983 -7- Councilwoman Swenson - That was a different type of a building. Councilman Horn - There was a proposal to maybe move the whole building south to alrow-for extra stacking, is that feasible? Gary Brown - I don't see why we would have to. Councilman Horn - I guess I am more optimistic about the business than what you are. Gary Brown - I am agreeing with you and I hope you are 100% right but you ~eed the room when you leave there for your vacuum cleaners and such like that. Councilman Geving - The Planning Commission mentioned several times drainage and I am familiar with that area and I know it can be pretty wet down there and I am hoping that it doesn1t get any worse. The thing that I am concerned about, there is a drainage ditch along the road now, I think there is a culvert next to the road, isn't that correct? Gary Brown - No. There is no culvert until you get to my south entrance at ~Standard Station there is a culvert there. Councilman Geving - Let1s refer to the south side of your proposed building, between the building and the Standard Station itself, will that be leveled in such a manner so that there will be no drainage problem there. ~ary Brown - It should be 100% improvement over what we have now. Bill Monk - It will go to the west. Very little will go to the east. Councilman Geving - Tell me how you are going to make this look nice to a person driving to Chanhassen to go to the Dinner Theatre for the evening, how is this going to be beautified with shrubs, plants, trees, whatever. Gary Brown - You know what the lot looks like now, all the way up to the Hanus-building, it1s brush and junk, trees, weeds. We are going to put up a nice block building. We are going to pave it. We are going to have the green strip in the front with shrubs and sodded. The only signage on the building will be inset into the block. It will just say IICar Washll on it. Councilman &evi~ - Will there be any of the signs like we have at McDonalds where you have lIinll and lIoutll type of signage. Gary Brown - That wi 11 be on the b u i 1 din g . I t wi 11 say II entrance II on the West 79th Street side and it will say lIexit onlyll on the south side. Councilman Geving - You are going to destroy some of the curbing on the West 79th Street side. How are you going to handle that? Bill Monk - There will be a concrete driveway type entrance. It's basi- caTTy-a-curb section but has a short back on it to make sure that the drainage is routed down West 79th Street and does not come down into this. Councilman Horn - What are the hours of operation? Council Meeting Oecember 5, 1983 Gary Brown - I would think in the summer Tn-the-WTñter I would think we would run 6:00 a.m. to 10:00 p.m. -8- a person could run it 24 hours. it the same hours as the station, £Quncil~~ Geving - Many times we have asked for an escrow account, we have asked for the City Engineer to review the project as it proceeds to make sure that what you say tonight will actually happen next spring. To make sure that the shrubbery gets in. Gary Brown - If I can stand on my merits a little bit here. When I bought ~Standard Station in 1971 the weeds were high all around the building and allover the place. I went to work and cut all those weeds and put some hedges up and such and I think we do a pretty darn good job of keeping it mowed and looking good now and I would sure think that we would do at least as good a job on this building. 1 Councilman Gevin~ - These are conditional uses and one of the conditions could be just that, that we would have your plan and direction to staff would be to see that the plan is carried out. Gary Brown - In essence what, I guess, gave us the idea of doing something with ThlS-lot is the simple fact that I have to look at the other lot 365 days a year and look at the brush and weeds growing over there and I can't blame the City for it because there is old foundations and stuff in there and they can't cut the grass. I cut as much of that as I can now. We have been working at cleaning out as much as we can there but there is just so much we can do and the City can do. Councilman Geving - I have no problem with this plan except for the recom- I mendatTon-and-COñdition be that the building be moved to the west five additional feet so that there is a ten foot side yard setback from the Kurvers property. Gary Brown - That's fine with me as long as the City fathers can go along with thar-because they asked for that extra 14 feet in there in case the road is ever widened. Gary Brown - I would welcome something being built on the Kurvers property because-r-am getting a little tired of looking at the weeds and brush in there. I think it would be a great idea. Myrna Kurvers - Last week we went to the public hearing and that was Wednesday night and Wednesday is when the paper comes out and so the same day that the paper came out, tonight they were going to approve the November 21st Planning Commission minutes but on the same agenda you are having something that wasn't even approved by you tonight. How can you act on the Planning Commission's approval when you haven't approved that meeting. Bob Waibel - The Council has those minutes. -- --- Myrna Kurvers - You haven't approved them yet because you are only 1 approvTngthe 21st. The other thing is, which I have tried to point out to you, I showed you three different alternatives of plans that were drawn up by your own department and I still think it would be very wise for the City to think of the total piece of property which you have done other places. Why do you want to let him put it in that little piece? There is a for sale sign up there. Why not do it consistent with your other plans instead of squeezing one in. I I I Council Meeting Oecember 5, 1983 -9- Councilwoman Watson moved to approve a conditional use permit for construc- tion of a car wash, 7901 Great Plains Blvd., Planning Case 83-8 with the condition that the building be moved an additional five feet to the west and that the applicant enter into an indemnity agreement with the City holding the City harmless for any costs in restoring the concrete curb or bituminous hard surface roadways constructed over the sanitary sewer ease- ments should repair of said sewer line ever be necessary. 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. COMPREHENSIVE LAND USE PLAN AMENDMENT FROM CAMPUS BUSINESS TO COMMERCIAL, NORTHWEST CORN~F-POW~BLVO. ANO TRUNK HIGHWAY 5: Counc,lwoman Swenson moved to change-the land use designation for the property lying northwest of the intersection of Powers Blvd. and Highway 5 from campus business to commercial as recommended in the Planning Report dated October 18, 1983. 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. ORDINANCE REGULATING AND LICENSING MECHANICAL AMUSEMENT DEVICES AND ARCAOE AMUSEMENT CENTERS: Councilwoman Swenson moved to place on-rirst reading-an-ordinance regulating and licensing mechanical amusement devices and arcade amusement centers and providing a penalty for violation. 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. CURFEW ORDINANCE 43, AMENDMENT: Councilwoman Swenson moved to place on first reading an ordinance regulating the presence of minors under the age of eighteen years on streets or in public or quasi-public places between certain hours, defining the duties of parents and others in the care of minors, and providing for arrest and penalties for violation. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Horn. Councilman Geving voted no. Motion carried. SANITARY SEWER RATE INCREASE: RESOLUTION #83-~ Mayor Hamilton moved the adoption of a resolution increasing the municipal sewer rates. Resolution seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. CROSS COUNTRY SKIING, LAKE ANN PARK: Councilman Geving asked if the road into Lake Ann Park could be plowed to allow people to park and cross country ski. The City Engineer will see that this is done. CABLE TV BOARO: The board will meet with the Council the first or second week in-January to review the bids. WATER PRESSURE PROBLEMS: Mayor Hamilton requested that a review of the entire water system (water pressure problems, water towers, water usage) be a future agenda item. 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. Don Ashworth City Manager